HomeMy WebLinkAbout20000455.tiff RESOLUTION
RE: APPROVE FIRST ADDENDUM TO GOCO LEGACY PROJECT GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the First Addendum to the GOCO
Legacy Project Grant Agreement among the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and the State Board of the Great
Outdoors Colorado Trust Fund, City of Fort Collins, City of Greeley, City of Loveland. Estes
Valley Park and Recreational District, Larimer County, Town of Windsor, The Nature
Conservancy, and Poudre River Trail Corridor, Inc., commencing upon full execution of said
addendum, and ending June 30, 2002, with further terms and conditions being as stated in said
addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the First Addendum to GOCO Legacy Project Grant Agreement
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the State Board of the Great Outdoors Colorado Trust
Fund, City of Fort Collins, City of Greeley, City of Loveland, Estes Valley Park and Recreational
District, Larimer County, Town of Windsor, The Nature Conservancy, and Poudre River Trail
Corridor, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said addendum.
2000-0455
BC0029
FIRST ADDENDUM TO GOCO LEGACY PROJECT GRANT AGREEMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: Ltuf , ,
� � e /�a Barbara J. IC meyer, hair
Weld County Clerk to the :oar 6-*
1861 : �� ,
9 '� �'vM. J. ei , Pro-Tem
BY: ni Vim_ ll ., f `
Deputy Clerk to the :•-re I �e`>_'*
U1 1 51,, ,-;-
�� - eorge E. Baxter
APPROVED AS TO FOFJ : aiai
,( /j Dale K. Hall
County Atto ney�(- EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
2000-0455
BC0029
Community Planning and Environmental Services
x
Natural Resources Department
City )f Fort Collins
February 9, 2000
Dear Poudre/Big Thompson Legacy Partner:
(John Stokes, The Nature Conservancy
Don Warden, Weld County
Colleen Young, City of Loveland)
Enclosed is the Addendum to our GOCO Legacy Project Grant Agreement for your
organization's signature. This addendum relates to the follow-on funding received in May '99.
Even though your organization was not a recipient of follow-on funding, you were signatory to
the original Agreement and therefore need to sign the addendum.
Three original signature pages are needed. Therefore, please make two copies of your
organization's signature page (signature pages start on page 5). Complete all three as originals.
Keep one original and send the other two to me (for our file [as project administrator] and for
GOCO).
After I have received all signature pages, I will send copies to all partners so you will have a
complete set.
I think one or two partners are going to need their money soon, and they can't get it until LOCO
has this signed document from us. So please get your signature pages to me soon.
S:incereelly,
Edith Felchle
Grant Administrator
2000-0455
'81 N. College Ave. • PO. Box 680 • Fort Collins, Co 811622-(1680 • (970) 221-6600 • FAX (970) 22-1-h1;-
1/20/2000
FIRST ADDENDUM TO
LEGACY PROJECT GRANT AGREEMENT
LEGACY PROJECT:
Name:
Project Completion Date:
Great Outdoors Colorado
Contract No.:
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
Telephone 303-863-7522
Grantee: City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Telephone: 970-221-6311
along with : City of Greeley, City of Loveland, Estes Valley Park
and Recreation District, Larimer County, Town of Windsor, Weld
County, the Nature Conservancy, Poudre River Trail Corridor, Inc.
(collectively referred to herein as "Grantee")
Date: , 2000.
THIS FIRST ADDENDUM(the"First Addendum") is entered into this __ day of
2000, in connection with that certain Legacy Project Grant Agreement dated
December 3, 1998, by and between THE GREAT OUTDOORS COLORADO TRUST FUND
(the"Board") and Grantee(the "Agreement").
First Addendum to Poudre Legacy Grant Agreement
Page 1
WHEREAS, in early 1999, Grantee submitted an application for additional
funding from the Board to supplement those funds previously granted to Grantee in accordance
with the Agreement, in order to complete additional Project Components not previously funded
and to increase funding for certain original components of the Project(the"New Project
Components"); and
WHEREAS, on May 20, 1999,the Board approved the New Project Components,
subject to certain contingencies; and
WHEREAS, the Board and Grantee desire to amend the Agreement as set forth below, in
order to provide for and define the terms and conditions for the Board's funding of the New
Project Components.
NOW THEREFORE, in consideration of the mutual agreements herein and for other
good and valuable consideration, receipt of which is hereby acknowledged, the Board and
Grantee hereby agree to amend the Agreement as follows:
1. Project. The term"Project", as previously defined in the Grant Agreement, shall
henceforth be deemed to include the New Project Components, also referred to as "Phase II of
the Project", as described in the Phase H Project Application, dated February 8, 1999, attached
hereto as Exhibit"A" and incorporated herein by this reference(the "Phase II Project
Application"), in addition to the Project as originally described in the Grant.Agreement.
2. Phase II MOU. The Project Partners participating in Phase II of the Project,
including the City of Fort Collins, Town of Windsor, Estes Valley Park and Recreation District,
Larimer County and Poudre River Trail Corridor, Inc. (collectively referred to herein as "the
Phase II Partners"), and together with the State of Colorado Division of Parks and Outdoor
Recreation, shall enter into an agreement among them, establishing rights and responsibilities of
each in connection with Phase II of the Project, in substantially the form of Exhibit"B," attached
hereto and incorporated herein by this reference (the "Legacy MOU II"). Those Project
Partners not participating in Phase II of the Project shall be entitled to rely on the good faith
performance by the Phase II Partners of the commitments and obligations created in the Legacy
MOU II, in entering into this First Addendum, and the Phase II Partners shall be responsible for
completion of the obligations of the Grant Agreement as they apply specifically to Phase II of
the Project.
3. Grant. After the existing heading, "2.1 Grant." of the Grant Agreement, shall be
inserted a new subheading and subparagraph number, "2.1.1 Phase I.", and a new Paragraph
2.1.2 added after the existing,but renumbered language of Paragraph 2.1.1, to read as follows:
First Addendum to Poudre Legacy Grant Agreement
Page 2
2.1.2 Phase H. The Board hereby authorizes additional future grants in an amount not
to exceed two and one-half Million Dollars ($2,500,000) (the "Phase II Grant") in
favor of Grantee to be used solely to complete the Project, subject to: (i) total net
proceeds available from the lottery programs equaling or exceeding $78,000,000 each
year and the Board continuing to receive its portion of the total net proceeds as
currently allocated under Article XXVII of the Colorado Constitution; and (ii) as to
future fiscal years, Grantee and the Board must execute the corresponding Annual
Addendum as set forth above. This additional $2,500,000 for the Project shall be
allocated as follows: $175,000 to the Park category; $1,200,000 to the Open Space
category; and $1,125,000 to the Local Government category.
4. Scheduled Appropriation and Disbursement of the Grant. The first sentence of
Paragraph 2.2 of the Grant Agreement shall be replaced with the following sentence: "It is
anticipated that the original Grant funds will be distributed over a four year period ending June
30, 2000, and that Phase II of the Grant will be distributed over a three year period ending
June 30, 2002."
5. Completion Date. Paragraph 6.8 of the Grant Agreement is hereby replaced
with the following:
Completion Date. Grantee shall complete the Project no later than June 30, 2002 (the
"Completion Date"). The Board, in its sole and absolute discretion, may extend the
Completion Date for the Project.
6. Grant Agreement in Effect as Modified. The Board and Grantee hereby agree to
the modification of the Grant Agreement as set forth herein. All other terms of the Grant
Agreement not expressly modified hereby shall remain in full force and effect.
IN WITNESS WHEREOF, the Board and Grantee have executed this First Addendum to
the Grant Agreement as of the date last written below.
THE BOARD:
THE GREAT OUTDOORS COLORADO
TRUST FUND
By �cr. 4fru,-J' 'U�/L u t-'L
Will Shafroth, Executive Director L
Date ) - 1. 0 C)
First Addendum to Poudre Legacy Grant Agreement
Page 3
THE GRANTEE:
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Job F. Fischbach, City Manager
Date: F.,G,.,ti,,.t,y y Z o a o
ATTEST: ` p VGUIskR k.
City Clerk 0
APPROVED AS TO FORM:
Assistant City Attorney C r
First Addendum to Poudre Legacy Grant Agreement
Page 4
ATTEST: THE CITY OF GREELEY, COLORADO
By: A)OtA
��
City CI Mayor
APPRO D AS TO SUBSTANCE: APPROVED AS TO k GA FORM:
By _dye/
By:
City anager City At rn
AVAILABILITY OF FUNDS:
Director of nce
First Addendum to Poudre Legacy Grant Agreement
Page 5
CITY OF LOVELAND, COLORADO
o
OF`OVE�'YO By_
Roge Bates, Interim City Manager
�BA } February 16, 2000
1� Date:
'•.
ATTE •••.....•.' o
• COLOPPP
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T' , , ) , ;v7 , , ,, T
APPROVED AS TO FORM:
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First Addendum to Poudre Legacy Grant Agreement
Page 6
i
ESTES VALLEY PARK AND
RECREATION DISTRICT
BY: L ii Pres. dent A the Board of Directors
Date: February 15, 2000
ATTEST:
t
-Th
Vi e res1d'e t of the 6ard of Directors
•
APPROVED AS TO FORM:
t
First Addendum to Poudre Legacy Grant Agreement
Page 7
i
1Y
LAREVIER COUNTY, COLORADO
By: C�RC �
Date: ,94%-et s,t t_/L i 7 ,-(7C1(1
ATTEST:
747
APPRO D rro FORM:
First Addendum to Poudre Legacy Grant Agreement
Page 8
THE TOWN OF WINDSOR, COLORADO
��-.J
By: _—Ei
Date: March 13, 2000
ATTE T:
1
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if� GpttPORATF. 111
APPROVED AS TO FORM: i ' ® ® ♦ g,
,..-e'c"_ , 7tesi COQ
First Addendum to Poudre Legacy Grant Agreement
Page 9
i
WELD COUNTY, COLORADO
By: U
Date: ay''2 yo
U
ATT T: 11/7/
APED AS TO FORM: -
/ Imo.
First Addendum to Poudre Legacy Grant Agreement
Page 10
THE NATURE CONSERVANCY
By: �G
Date: _ 7/ /C
ATTEST:
APPROVED AS TO FORM:
�^ C :DLL-
First
Addendum to Poudre Legacy Grant Agreement
Page 11
POUDRE RIVER TRAIL CORRIDOR, INC.
By: stertititi r , a �
Date: 4/1 y20 00
TT ST:
APPROVED AS TO FORM:
First Addendum to Poudre Legacy Grant Agreement
Page 12
• ' ' Cultural, Library, and Recreational Services EXHIBIT "A"
s, FIRST ADDENDUM TO LEGACY
akiltheA PROJECT GRANT AGREEMENT
City of Fort Collins
February 8, 1999
Mr. Will Shafroth
Great Outdoors Colorado Trust Board
303 East 17'h Avenue, Suite 900
Denver, Colorado 80203
Dear Board members and Staff.
Thank you for your recent letter identifying the opportunity to compete for additional Legacy finding
from the Great Outdoors Colorado Trust. The attached materials outline our request for$4,532,000
for Phase Two of the Cache la Poudre/Big Thompson Rivers Legacy Project. The materials describe
the overall progress of Phase One of the project, brief descriptions of each new or additional project
element in Phase Two and budget information concerning Phase Two requests.
When the sponsors, partners and supporters of the Cache la Poudre/Big Thompson Rivers Legacy
Project submitted their proposal for consideration by the Great Outdoors Colorado Trust Board in July
1996, we presented a regional vision for the rivers of Northern Colorado. This vision is expressed
through the long term goal of protecting and enhancing the valuable natural assets of the Cache la
Poudre and Big Thompson River corridors and their watersheds for present and future generations in a
rapidly urbanizing region of Colorado.
We were pleased when the Cache la Poudre/Big Thompson Rivers Legacy Project was selected to
receive$3.4 million in October 1996. In the last 28 months, the partners have moved steadily toward
implementation of the project elements included in the October 1996 award. In addition to the tangible
progress in land protection,trail construction and environmental education, the partners have enjoyed
some intangible benefits, the result of increased communication among players in an important region
of Colorado. Not only has the Legacy program moved us toward integration of recreation needs, open
space protection and habitat preservation,the program has encouraged regional thinking at a time of
rapid growth. We appreciate these features of the Legacy program and we know that we can build on
this success.
The Legacy program has also been a proven vehicle to share the good that has come from the state's
lottery program and specifically the work of Great Outdoors Colorado. This project has been
communicated through many articles and programs from the Northern Colorado media. It is a topic of
conversation in business and political circles. And the GOCO award has allowed us to further leverage
money for this great project.
The first phase of the Cache la Poudre/Big Thompson Rivers Legacy Program was designed to be a
voluntary, incentive based project to preserve and enhance natural, recreational, educational,
agricultural and other publicly beneficial opportunities associated with the two rivers and their
watersheds. The second phase continues this approach with an emphasis on preservation of natural
areas along the Poudre River and the extension of recreational trails in the region. Participation by the
Great Outdoors Colorado Trust in the continued success of this Legacy project would help the region
respond to the pressures of increased population growth.
781 North College Avenue • PO. Box 580 • Fort Collins, CO 80524 • (970)2?1-6351 • FAX (970) 771-6586
•
At a recent regional economic forecast attended by more than 500 people from Northern Colorado,
Larry Kendall of the Group Inc., described the trend in Northern Colorado toward one region with one
market, a big change from the distinct cities of Fort Collins, Loveland and Greeley. He suggested that
I-25 was emerging as"Main Street."
From that perspective, the Cache la Poudre/Big Thompson Rivers Legacy Project hits the mark as the
proper scale for land, water and wildlife protection,partnerships,integration and urgency. The
sponsors, partners and community members involved with this Legacy Project will continue to work
together to address the critical needs of the region out of a sense of commitment to our quality of life.
Participation by the Great Outdoors Colorado Trust in the continued pursuit of the plans identified in
our Legacy project would help us respond more quickly to our urgent needs.
Our region has had a good record for matching funds for GOCO dollars and this proposal is no
exception. The total investment for Phase Two is$7,890,000. GOCO's award in Phase One was$3.4
million and the project partners, sponsors and supporters committed $9,752,300. In Phase Two, we
are requesting$4,532,000 and bringing an additional $3,258,000 to the project. Combining Phases
One and Two shows a project budget of$7,932,000 from GOCO and $13,010,300 from the partners
for a total of$20,942,300 toward further implementation of the Legacy vision.
We are very proud to be part of GOCO's Legacy program and we appreciate your continued interest
in our project. We look forward to further discussions about Phase Two of our project. Please let us
know if we may provide additional information to help with your decision-making.
Sincerely,
c C
Michael W. Powers,Director
Cultural Library and Recreational Services
Request for Additional Funds - Cache La Pond re/Big Thompson River Legacy
Project
Introduction
The original grant application submitted to the Great Outdoors Colorado Trust was designed to do the
following:
• Protect Natural Areas,Open Space and Wildlife Habitat
Protect 1,300 to 1,400 acres along the Poudre river;600 to 800 acres along the Big Thompson
River; and 4,000 to 7,000 acres in the Laramie Foothills.
• Increase Recreational Opportunities
Complete 28 miles of trail along the Cache La Poudre River, resulting in a 38-mile trail linking
the communities of LaPorte,Fort Collins, Timnath,Windsor, and Greeley;complete a 3.75
mile trail loop around Lake Estes with 2.75 new miles of trail;and provide recreational access
to and park facilities at Gateway Park,a 377 acre site near the mouth of the Poudre Canyon.
• Expand Educational Opportunities
Develop the facilities for the Poudre Learning Center in Greeley and the Colorado State
University Environmental Learning Center/Visitor Welcome Center in Fort Collins;incorporate
local Youth Corps in Legacy Project activities;and provide interpretative signs and kiosks
along the trail system.
A budget of$25,429,000 was developed to accomplish the plans brought forth in the original proposal.
The original grant application requested$10,221,500 from the Great Outdoors Colorado Trust Legacy
Program. Local partners, sponsors and supporters identified matching funds of$15,207,500 to
demonstrate their enthusiasm and commitment to the project.
The grant award of$3,400,000 from GOCO in October1996 was greeted with great energy by the
partners, sponsors and supporters who committed$9,752,300 to Phase One of the project. Under
Phase One, at the reduced finding level,the partners committed to
• complete all of the educational components included in the original application •
• protect 4,000 to 7,000 acres in the Laramie Foothills
• protect 800 to 900 acres on the Poudre River
• protect 400-600 acres on the Big Thompson River
• develop 5.5 miles of recreational trail in Weld County
• develop 1.5 miles of recreational trail around Lake Estes
• develop the 377 acre Gateway Park and Museum in the lower Poudre Canyon
In Phase Two,the Legacy partners would like to strive toward furthering the original application goals
as well as move the overall vision of the project forward. Our request for Phase Two of the
Poudre/Big Thompson Rivers Legacy Program will move the project along in two main areas--
1
' protection of natural areas, open space and wildlife habitat and provision of additional recreational
opportunities for the growing population in the region.
The project partners and sponsors remain committed to the vision identified in the original Legacy
Proposal. Phase One is nearing completion and the need for the project remains urgent. Larimer and
Weld Counties have seen 20%population growth between 1990 and 1997. The 400%increase in
number of building permits issued from 1990-1996 exceed the state rate by 35%.
The Poudre/Big Thompson Rivers Legacy Project matches the core priorities of the Great Outdoors
Colorado Trust's new strategic plan with an emphasis on land,water and wildlife protection;outdoor
recreation;and environmental education and interpretation.
•
2
•
Overall Project Progress
Specific progress achieved in each of the three major areas of emphasis in the original Poudre/Big
Thompson Rivers Legacy Grant includes:
• Protection of Natural Areas,Open Space and Wildlife Habitat
The Laramie Foothills land protection program has succeeded in closing three out of five of the
projects proposed under Phase One of the initial grant. The Nature Conservancy completed the
successful protection of more than 4,000 acres through conservation easement donations and purchase.
The Nature Conservancy anticipates additional purchases or conservation easements in 1999 and 2000
to reach the original Legacy project goal of between 4,000 and 7,000 acres of biologically diverse
ranch lands in the Laramie Foothills. Reimbursement of wildlife quadrant funds are subject to approval
of agreements for access and for management of the Plains Sharptailed Grouse or other species as may
be mutually agreed upon by The Nature Conservancy and Colorado Division of Wildlife.
The Poudre River Natural Areas element was centered in and near Fort Collins. The City of Fort
Collins,Larimer County and the Division of Wildlife proposed to protect 800 to 900 acres along the
river during the first phase of the Legacy Project. As of January 1999,Fort Collins has closed on
properties totally 430 acres and has under contract three properties totaling 75 acres. With
negotiations well advanced on four properties totaling about 520 additional acres, we are confident we
will meet or exceed our conservation target for Phase One of this Legacy project for the Poudre River.
Assuming all of our negotiations are successful, our current projections are that the 1,025 acres along
the Poudre River conserved in Phase One of the project will have a land value of approximately$6.6
million. We estimate that the total match for Phase One of the project will be approximately
$5,385,000. This consists of$4,265,000 in cash and $1,120,000 in donation value from landowners.
This is substantially in excess of our Phase One commitment of$3,425,000 of local match against the
$1,215,000 committed by GOCO to Poudre River Natural Areas conservation.
The Big Thompson River land protection program identified four elements to pursue in Phase One of
the project. In 1998,Loveland acquired the 4.52 acre Spite property. Very recently, a conservation
easement was placed under contract on the Sylvan Dale property to protect 431 acres at the mouth of
the Big Thompson Canyon. This action, highlighted on the editorial page of"The Denver Post"on
Monday,January 11, 1999,was a meaningful success for the Legacy project partners. Negotiations
are currently underway for a 28 acre parcel along the Big Thompson River.
Most Phase One elements of the Poudre/Big Thompson Rivers Legacy Program intended to protect
natural areas, open space and wildlife habitat have been successfully completed at this point.
• Increase Recreational Opportunities
Lake Estes Trail is a 3.75 mile trail around Lake Estes in Estes Park. Construction of the trail has
been undertaken by an impressive list of partners with the first section completed in 1995. Phase One
of the Legacy grant provided $21,250 for Section 5, from the causeway to the power plant. In Phase
Two, we propose to build the remaining.5 miles of trail, completing this highly popular trail.
3
The Poudre River Trail in Weld County is also proceeding well. Three miles of trail were completed in
1998 and another 2.5 mile section is scheduled to be constructed in 1999. The sponsors of this
element have done an excellent job of coordinating the interests of the City of Greeley, Weld County
and the Town of Windsor. Community support for the completion of the 38-mile continuous trial
along the Poudre River remains very high. In fact,an additional 1.5 miles of trail has been completed
through efforts outside of the Phase One Legacy funding.
Gateway Park is another major recreation element in Phase One of the Poudre/Big Thompson Rivers
Legacy Project. This element will cost$1,120,000 and involves many partners including the Colorado
Division of Wildlife, Colorado Department of Parks and Outdoor Recreation,the City of Fort Collins,
Larimer County and Friends of the Poudre. The Phase One grant allocation from GOCO was
$180,000. The project is projected for completion in 2000.
• Expand Educational Opportunities
Three major elements to expand environmental education opportunities in the region were included in
Phase One of the Poudre/Big Thompson Legacy Project.
The Poudre Learning Center, located in Weld County, has successfully completed teacher writing
workshops,teacher training opportunities and purchased materials for environmental education as a
consequence of the Legacy Grant.
The City of Fort Collins, Larimer County and the Colorado Division of Wildlife are in the process of
developing and installing environmental interpretation features along the Poudre River trail system. The
Legacy partners are working to create an interpretive vision for environmental education along the
Poudre River corridor. The targeted completion date for this element is anticipated for June 30, 2000.
Colorado State Parks expects to complete its portion of the Colorado State University Environmental
Learning CenterNisitor Welcome Center along the eastern reaches of the Poudre River in Fort Collins
in 1999. Phase One of the Legacy Grant provided $300,000 for this project. Additional site
development requirements to protect the environment have added cost to the project. As a
consequence,there is a request for an additional $300,000 for this project in Phase Two to move this
project along in 1999.
Phase One Project Publicity
Selected newspaper clippings describing the celebrations associated with some of the completed
elements are included in the Appendix.
Phase Two Budget
Project elements that have not been funded or have not been fully funded are identified on the next
page. The proposed allocation to Parks,Wildlife, Open Space and Local Government chart follows
the budget.
4
Cache La Poudre)Big Thompson Legacy Project- Phase Two Elements
Partner/Project ! 'COCO Funding Sought ' Matching Fonds Total
Environmental Learning Center $ 300,000 $400,000 $700,000
Estes Trail-Final Phase $173,000 $267,000 $440,000
Trails-Larimer County
Lions Park to Watson Lake $ 350,000 $350,000 $700,000
Taft Hill to Lions Park $300,000 $ 300,000 $600,000
I-25 Underpass $ 100,000 $ 100,000 $200,000
Land Acquisition-Poudre River $3,000,000 $1,500,000 $4,500,000Trail-Weld County
Poudre River Trail Inc. - 3 $ 309,000 $441,000 $750,000
mile trail Eastman Park to 392
TOTAL $4,532,000 $3,358,000 $7,890,000
5
Cache La Poudre/Big Thompson Legacy Project- Suggested Quadrant Allocations
Quadrant
Parks Wildlife Open Space Local Government
Environmental $300,000
Learning Center
Estes Trail $ 173,000
Trails-Larimer $750,000
County
Trail-Weld County $ 309,000
Land Acquisition- $ 500,000 $2,500,000
Poudre River
Total $ 300,000 $ 500,000 $2,500,000 $1,232,000
6
Context
• Poudre River Natural Areas, Open Space and Wildlife Habitat
Phase One of the Poudre/Big Thompson Rivers Legacy Project will protect approximately 1,025 acres
of important open space,wildlife habitat and natural areas along the Poudre River. This is a notable
accomplishment yet much remains to be done in the region.
Recently we have learned of two additional significant conservation opportunities along the Cache la
Poudre River. These properties,totaling approximately 850 acres,were not included in the lands
targeted for conservation in Phase One of the Legacy project,but are contiguous with other
conservation properties,play an important role in protecting the river corridor, and will be accessible
from the Poudre River trail. One property is east of Fort Collins near the Larimer/Weld County
border. It contains nearly two miles of the Poudre River riparian zone and has an active and successful
bald eagle nest on the property. The second property is west of Fort Collins at the City's Growth
Management Boundary and contains about one mile of river frontage. Both properties contain
valuable riparian habitat that will be protected and which provides important habitat for a variety of
wildlife species including potential habitat for the Prebles meadow jumping mouse.
Both of these properties are leased for gravel mining and will be subject to future mining over the next
10 to 15 years, even if they are acquired by the Legacy partners for conservation purposes. Our
objective in acquiring them will be to design both the gravel mining and reclamation to protect key
resources from mining and to ensure that reclamation leaves a more natural landscape of wetlands and
meadows that will be valuable to a wide variety of wildlife species. The large size of the properties
makes them ideal locations for implementing several of the alternative reclamation approaches designed
in the"Strategy for Gravel Lands Along the Poudre" that was completed by the City of Fort Collins
with partial funding from GOCO.
Absent conservation agreements in the immediate future, it is almost certain that the eventual
reclamation would be to design ponds and lakes with upland areas for residential development. Both
properties are in areas where development pressure is intense. Development interests have approached
both of the landowners with the intention of securing the rights for future development of the
properties. However,both owners have expressed a strong preference for working first with the
Legacy partners toward an agreement that would dramatically limit or eliminate future development
from the sites.
We estimate that the value of these two large properties is at least $8.5 million, reflecting the increase
in land values in Larimer County and the desirable location of the properties for future development.
While we hope to eventually protect all of the properties,this goal is not within our capability unless
the Larimer County open space sales tax is extended. A proposal to extend the sales tax will be placed
on the November 1999 ballot. Given current resources,the Legacy partners have set a goal of
protecting at least 50%of these areas from future development between now and 2001 and obtaining
option agreements to keep the possibility alive of protecting the entire area if additional money
becomes available after 2001. We are requesting$3 million from GOCO with a commitment of$1.5
million in local match to accomplish this goal.
The map on the next page with its legend on the following page shows the projects proposed.
7
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3 NOM Shields Pond Area Area I.
II{ p',
3 Hickory Park Natu Area
r� e J ` .1 C $jA
0 Salyer Natural Arn as i 11,:�
5 Legacy Part NaturalNatural Area
6 tee Martina Park Natural Arta
3000 0 3000 Feet
7 CBE Fort Collins Henta1e Padk Natural Arta 'i tea--. I.4 .,w' I
e Gustav Swanson Name Ata
9 Udall Naval Area �J ,I t' Fig. 1
10 with...Ness ■ ��� 3 7
ll SPnnga Natural Are ■t II ' ■ Q ` —
13 Minn Natural Ara 1l �i a ^ ` _ —
13 Nix Natural Arta ■� ./ .' —
14 Kingfisher PoaiWatunl Arta i' r �• '1-r ate.
15 Canail Claw Natural Area ■a• _ -_ t,
16 Riverbed Ponta Natural Area i /Vs"."_ 1 -. - -- _. I 4' -I.
17 Cottonwood Hollow Natural Ara MI oa"p wwM.ra.Ili l�-,---hl
18 Prepat Porch Natural Area nx.exu' It
19 Archery Rand Manual Area ; � _ I— i s 1 a
20 Arapaho Bend Naval Ate
N I
This base map of natural areas along the Cache la Poudre River owned by the City of Fort
Collins is used to put the City's GOCO Legacy projects in context.
Current application sites:
The highlighted area in the upper left portion of the map is the property west of Fort Collins at
the City's Growth Management Boundary for which additional funding is being sought.
The highlighted arrow in the bottom right portion of the map indicates the bald eagle nesting site
along the river, approximately 2 '/2 miles southeast of the boundary of this map, for which
additional funding is being sought.
Status of Phase I sites:
Sites numbered 1, 13, 14, and 17, and an unnumbered area (identified with a red arrow) between
sites 9 and 10 are completed Legacy acquisitions and are in the process of document preparation
for reimbursement submittal. Collectively, these sites total 205.9 acres.
A 17.5-acre site (identified with a red arrow) adjacent to site#4 has been acquired and will be
submitted for reimbursement in the near future.
A 78-acre site (identified with a red arrow)across the river from site#19 is under contract and is
expected to close by mid-1999.
A 40-acre site (identified with a red arrow) at the edge of site#16 is in discussion phase and
hopefully will close in 1999.
Negotiations for FY 2000 purchases are beginning. The general area of these purchases
(identified with a red arrow) is immediately upriver and downriver from the property west of
Fort Collins at the City's Growth Management Boundary for which additional funding is being
sought.
• Increase Recreational Opportunities
The use of recreational trails remains one of the most popular outdoor activities for families and
individuals of all ages in Northern Colorado. Trail construction elements were very successful during
Phase One of the Poudre/Big Thompson Rivers Legacy program. We would like to continue to
implement the vision put forth in our original Legacy proposal for completion of 28 miles of trail along
the Cache la Poudre River and completion of the 3.75 mile loop around Lake Estes.
Lake Estes Trail
The final length of the Lake Estes Trail (.53 miles)is identified as an element in Phase Two of the
Poudre/Big Thompson Legacy program. This section of trail goes from Wapiti Meadows to Highway
36 via Mall Road. Mall Road is narrow with blind curves. There is currently only 30 feet of right of
way along some parts of Mall Road.
The addition of the trail will necessitate improving the road for safety of vehicles and trail users. Right
of way acquisition, major road work and the trail construction itself are all parts of the final link in
completing the Lake Estes Trail.
This project has had many partners to help with various segments including GOCO, ISTEA/CDOT,
Larimer County, the Town of Estes Park and the Estes Valley Recreation and Park District. Its
location provides a recreational node for the Big Thompson River portion of the overall Legacy
Project. A map of the project is on the next page.
Lake Estes Trail-Final Section
Trail Connection from Wapiti Meadows to Highway 36 along Mall Road
Total Cost GOCO Request Local Match
Work Component to Build the Trail _
Trail Construction-Wapiti Meadows Rd
$100,410 _ 100,410
Right of Way Acquisition $30,000 $30,000
Relocate Mall Road $267,368 _ $267,368
Trail Along Mall Road $42,926 _ $42,926
Total $440,704 $173,336 $267,368
Work Completed to February 1999 on Lake Estes Trail
Total Cost of Construction $1,278,585
Funding Provided By
Town of Estes Park $439,165
Estes Valley Parks and Rec.District $104,350
Larimer County $150,000
Bureau of Reclamation $67,360
ISTEA/CDOT $476,460
Great Outdoors Colorado $41,250
TNOµP$ON
vG "'tvuf FISHERMAN'•
NOOK 3
VISITOR CENTER -PIICRNIC SHELTER
-RESKING
TROOMS o
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U.S. ,74 Grp{ -PARKING
�+` -RESTROOMS 6.
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—PLAYGROUND
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POWER PLANT U.S. ::::Ek.::::::::..::.:..... io :;�:::,:�>::::>:»>::�:>;:::::;;::;:::.
NOWAY 36 ! : :+RYR?WD ;te:;;.`:≥<.: f::: ;:::::y:;;:a:
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CHEROKEE DRAW
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$� —PARKING ���m'erC
—RESTROMS
—PICNIC SHELTERS
' STANLtI ;?t \WAPITI
PARK MEADOWS
PARKING
"e -RESTROMS
TP -PICNIC SHELTERS
LEGEND
COMPLETED TRAIL
• -- PROPOSED TRAIL LAKE E S TE S TRAIL
000 DISTANCE IN MILES FROM *TO
ROUND TRIP DISTANCE ". 3 3/4 MILES
11
Poudre River Trail-Larimer County and Fort Collins
Larimer County and the City of Fort Collins propose to expand the existing Poudre River Trail in Fort
Collins,furthering the vision of a continuous trail from the headwaters of the Poudre River to its mouth
at the South Platte River. To the west,Larimer County and Fort Collins will acquire trail
easements/right-of-ways for an additional 3.5 miles of trail and construct the trail by June 2001. This
3.5 mile stretch of trail will start at Taft Hill, the current western end of the City's Poudre River Trail,
and extend to Watson Lake.
To the east,the City of Fort Collins proposes to build a critical trail underpass at Interstate 25, enabling
a future linkage between the City of Fort Collins' trail and the Poudre River Trail currently being
constructed in Weld County. With these Poudre River Trail efforts moving east and west in Larimer
County,the vision of a continuous Poudre River Trail will take another step closer toward realization.
Poudre River Trail:Acquisition and construction of 3.5 miles of trail west of Fort
Collins to Watson Lake and the construction of a trail underpass at I25. _
GOCO Fort Larimer Total
Collins County _
Poudre River Trail-
west to Watson Lake
Trail easement-right $125,000 $ 25,Q00 $100,000 $ 250,000
of way acquisition
Trail design $ 25,000 $ 25,000 , $ 50,000
Trail construction $350,000 $150,000 $200,000 $ 700,000
Trail bridges $100,000 $ 50,000 $ 50,000 $ 200,000
Trail underp ss $ 50,000 $ 50,000 $ 100,000
Subtotal $650,000 $300,000 $350,000 $1,300,000
Poudre River Trail
underpass at 125 _
_ Design $ 15,000 $ 15,000 $ 30,000
Construction $ 85,000 $ 85,000 $ 170,000
Subtotal $100,000 $100,000 $ 200,000
Total $750,000 $400,000 $350,000 $1,500,000
Poudre River Trail west of Taft Hill Road to Watson Lake: Project would involve the construction of
3.5 miles of trail with a crossing of the Poudre River. Work would involve trail right-of-way .
acquisition, construction of a 10 foot wide concrete trail,two trail bridges, and underpass of Overland
Trail Road.
Poudre River Trail at I-25: Project would involve the construction of a trail underpass of 1-25 at the
Poudre River. Work would involve adjusting the south abutment area of the existing I-25 Bridge over
the Poudre River to accommodate the trail. Construction at the underpass would involve retaining
walls, earthwork, 12 foot wide concrete trail and landscaping.
A map of the Fort Collins/Larimer County Poudre River Trail is on the next page.
Poudre River Trail-Weld County
This phase of construction proposes to build the trail from Highway 392 to the previously completed
sections in Eastman Park,Water Valley,Kodak and points east. This phase would complete
approximately 3.25 miles of new trail to provide over 11 miles of contiguous trail. Opportunities to
view wildlife and improved access to a fishing lake at the Frank State Wildlife Area will be provided by
this phase of trail development.
Nearly% of the land for this phase has been dedicated to the Town of Windsor for the trail as part of
several development agreements. The balance is under negotiation with the remaining two landowners
both of whom previously indicated support for the project.
The Poudre River Trail Corridor Inc. organization continues to generate enthusiasm for the trail in
Weld County. Community,business and government involvement remains high through volunteer
activities as well as financial, materials and labor contributions. Construction of this section will be
coordinated by Poudre River Trail Corridor, Inc. and the Town of Windsor.
Total project costs for this section are estimated to be$749,200 including land, design, earthwork,
concrete and a bridge. Of this amount,we propose that $441,200(59%)will come from the local
match including donation of land, materials and labor along with cash contributions. The GOCO
Legacy grant request is$309,000(41%).
Poudre/Big Thompson Rivers Legacy Project
Poudre River Trail-Phase Two
Master Plan Segments#1-4(partial)
section Length in Feet I-ocation Information
Segment#1 4300 Located in Latimer County(Windsor)
Segment#2 6800 Includes a portion in Frank SWA-Access to fishing lake
Segment#3 4800
Segment#4 1300 Connects to existing trail
Total Length 17200
Estimated Budget
Item ":' " Quantity :,2 %°Total Cost '% Local Match GOCO
mod 17,200 ft. @ $6 $103,200.00 $103,200.00 ...._.___._.._..__$090
Design/Engineering $100,000.00 $50,000.00 $50,000.001
Grading $30,000.00 $30,000.00 $0.00
Concrete 17,200 ft. @$25 $430,000.00 $215,000.00 $215,000.00
Bridge $80,000.00 $40,000.00 $40,000.00
Culverts 3 @$2,000 $6,000.00 $3,000.00 $3,000.00
Totals $749,200.00 $441,200.00 $308,000.00
L ■
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Legacy Phase II PouCm River Trail ay Units
0 1 2 Miles Fort Collins/Larimer County • . .:Ei,tinq Tala
�ro(,Geeu leis v SVM4
I
Poudre River Trail """"P"""
' ProOosad Undan.am Ch or Comry doled Wmnl Nws
ay of Roil Coln*Ns 13
POUDRE-BIG THOMPSON LEGACY PROJECT
Poudre River Trai - Phase II
` it
_ • . t ,
A.
• ►� \ N Completed
t �. \ ' , ■1 ;•,; Under Construction
( ' _,� C - - �•Planned Construction
/(\,,/ Future Construction
i:x�� ,�4=s i ' i Greeley
0., , ` P1 Windsor
'•,ak,� •audre RIer _ ,y �I
I U \, �
6 � a 13 FC REI
o \ r, /
N
r„ /, r ! d ' ter W :1� E
*ll of
5 0 5 10 Miles
i lr
15 .
POUDRE-BIG THOMPSON LEGACY PROJECT
Poudre River Trail - Phase II
M _4. c,4 ,.
HWY 92 r, � rw1p� 4''
l`'�} F �' yayjgA N Completed
4`t i, " t c ; '•;•
' Under Construction
ai•
Isbil r0 ti r 4 +d24‘ �� 4 • • /
,.xt t • ‘ Planned Construction
1 , , ' , r _ _, L__J Future Construction
i, wnaoeyencn 1�� �] Greeley
�`"r ' V 1 Windsor
v
F2n�oWA,\
w `\'
iv¢
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ii
• N
O
L ,
�, �' j,A E uxS�4 ,t .off
1 , t J
0.8 0 0.8 1.6 Miles
16
• Expand Educational Opportunities
In the original Poudre/Big Thompson Rivers Legacy proposal,Colorado State Parks and Colorado
State University advanced a plan to develop joint facilities at the Environmental Learning Center.
Through interagency cooperation enabled by the new facilities,environmental education programs will
be tremendously enhanced and expanded with the expectation of servicing 550,000 Coloradans and
visitors a year. In October 1996,this element of the Legacy program was awarded$300,000 by
GOCO to help develop the facilities.
The Poudre/Big Thompson Rivers Legacy partners are requesting additional funding for the
Environmental Leaming/Visitor Welcome Center.This additional request is for environmental site
work that will safely and efficiently bring visitors to the Center.
After careful study,additional site work including pedestrian trails,roadway widening,vehicular bridge
access,and a storm runoff drainage system must be completed to meet environmental standards in the
City of Fort Collins. These improvements will enhance the environmental education experience in the
outdoor setting by providing safe points of access for visitors.
The additional funding will assure the continuing efforts of partners to bring this project to fruition.
We will attain our original goal of providing integrated environmental educational opportunities to
students and visitors in a Welcome Center atmosphere. A copy of the site plan follows on the next
page.
17
•
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A fihliltl J.� Nif` / lR If ..
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18
Appendix
Selected newspaper coverage of Phase One elements
•
19
Monday,January 11, 1999
—77'5
William Dean Singleton.Chairman
Gerald E.Gnlly,President and Publisher I
-THEDennis A.Briton.Editor and Executive tP
i ll�i • Jeanette Chavez.Managin&Editor
Sue O'Brien,Editor of the cdizonal Page
DEN VER Frederick H Anderson.tP Finance
Thomas J.Bolelho.LPMarketing
POSTPOSTFranc Dixon.LP Opentions
Carol H Green.LP Human Resource's
Stephen B.Sparks.VIA Circulation
Founded 1892 Allen J,Walters.tPddverusmg 1
Preserving Sylvan Dale
arimer County has approved Colorado grant.Thus the owners are
a conservation easement for being compensated for the develop-, i
the Sylvan Dale Ranch at the meat rights to their land.
Jmouth of the Big Thompson Conservation easements are one of
Canyon—a classic use of one of the the newest tools in land preservation
l most creative tools for protection of — paying landowners so that their
oven space. properties aren't sold for develop- '
The 431 acres at issue,straddling meat but, many times, still can he •
' U.S.34 just west of Loveland,are the used for farming or ranching. Thus
gateway to the glorious Big Thomp- the owners can continue their way of
son Canyon.The preservation of that life even after selling the develop•.
site is of crucial importance not only ment rights. '
to Coloradans, but also to tourists, Indeed, the Jessup family, which`
both of whom have long used the sce- owns the Sylvan Dale Ranch, will.:
nic U.S. 34 canyon route to reach continue to raise hay and graze hors-
Rocky Mountain National Park. es and cattle on the land,which cov-.,
The easement protects not only the ers about 15 percent of their 3,000
door to the canyon, but also the acre ranch.
-
mouth of the Big Thompson River. This conservation easement is only-
And it forever preserves the acre- the latest in a series that Lorimer,
age as open ranch land,closed to res- County has pursued.The county also.
idential or commercial development. recently established a 52.6 million
The easement property was ap- easement on the 4,100-acre Blue
praised at nearly 5600,000, and its Mountain Bison Ranch near Carter-
owners are contributing 25 percent of Lake southwest of Loveland. r- t
that amount to the deal.The remain- We commend the county—as well'
ing cost is being covered with as its cooperating landowners and
$270,000 from Larimer County, other partners — for taking these'
$75,000 from the city of Loveland steps to preserve more of Colorado's;
and 5100,000 from a Great Outdoors rapidly dwindling open spaces. •
In this column alone is The Denver Post's opinion expressed. I.
Deal saves Saving open spLanmer County has ace
conservation-
easement that will preserve scenic land th°mouth of Big T o 431 acres at
Thompson n. rp
t-ia,,.:, Dent`.a
near canyon 45 11 ,
-"inapt
conservation try. i
Lorimer County OKs easement , r 4 c• ,
Sylvan Dale easement . 1' t <h
Y � 1
By Coleman Cornelius 3r S A '
Denver Post sun wrier
'"&,.A E } ....1. �. '4, zz
LOVELAND—The Lorimer County N N. i 1 J.Osa
Commission on Tuesday approved a 2ser. <t - 1 "'j_"I
conservation easement on Sylvan Dale 'I ,7
Ranch land that will preserve a highly the One Post -!
visible piece of open space at the mouth -
j-
of the Big Thompson Canyon. Conservation easements are relative-
The county and owners of Sylvan ly new tools used by governments and i
Dale Ranch Ltd. negotiated the ease- land trusts to preserve open space while
meat on 431 acres surrounding US.34 fairly compensating landowners for the
just west of Loveland value of their property.
The easement will prevent residential An easement Is a way to buy develop-
and commercial development on the went rights from a landowner—pay.
land, forever preserving it as open jog a landowner to keep his property
ranch land at the mouth of a popular open so that it cannot be sold for devel-
canyon that is heavily traveled by tour- opulent
ists and locals. In many cases, an easement allows
"We're protecting the mouth of an land to be used for farming or ranching,l
important canyon and river along the so a property owner may continue to
Front Range," said K-Lynn Cameron, profit from his land and retain has way
Larimer County open lands manager. of life even after selling development
The property in the easement was ap- rights.
I
praised at nearly $600,000, Cameron It's an arrangement that typically
said.The property owners are contrib- pleases environmentalists,open-space
uting 25 percent,or about$150,000,of lovers and property owners.
that appraised value to the deal. In this case,the easement will cover
The purchase price of about$445,000 about 15 percent of the 3,000-acre Syl-
will be covered with $270j900 from van Dale ranch. Those 431 ages are
Larimer County,$75,000 froth the city critical to the view of an open,F
of Loveland and$100,000 from a Great _
Outdoors Colorado grant,Cameron said
Deal saves ranch land as open space
RANCH from Page 65 ranch, and their daughter, Susan ary;several months after.negotlu
Jessup,is its manager. dons began::nF+,.:e.,rn w
landscape west of Loveland,Cam- "It's always been Susan's goal to ,:rrja:.v u sPil!-rh'"r.erii a;u.,
eron said keep the ranch undeveloped, the The Sylvan Dalefasement isth
Under the terms of the contract, way her dad meant for it to be— most recent In a series of conserve}
the landowners erthe s hce nue ft, as a place where people can come time euements-Latime$ Count
raise bad and s may cos and cat- to get away from it all,"said Barb has negotlateditospreserve_.ope
tie on the land,she said Overly, a longtime ranch worker. apacS'ideatl8ed,asdmpertant t
"This is a very special place,and the.eelinty+arhuacterytp.Ferdr•
Sylvan Dale Is a well-known we're really happy to see the ease- :rasje4.¢tIrkjtF.Ltimop „
guest ranch and working cattle and ment happen." .h.The;eoontp,abereceatireet it
horse ranch, founded in 1916 by Susan Jessup could not be an eakementemthefj00aa'e Blue
Maurice and Mayme Jessup. The reached for comment Mowtain BbanRaneh nearest-let
couple's children and grandchil- The easement partners are ex- Lakeoufhweat at Loveland.That
dren continue to own and run the peeled to close the deal in Febre- Is a$2.tmfhlondeal.;v: A-?T;
,I
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a
GREE.LEY TRIBUNE •
August 2, 1998
ti
Trail paves way for future generations
BY ERIKA DAVILA -.- - --� liful and safe place. b Poudre 1Y'oll
Gamey r�aue "It's a great place teach young children Coln 392
o (arid'...instead of having Mnleant to ride Windsor
For Bob Frank of Windsor.then is one on a sues—especially a busy street,"Mad- N
o truly great Ming abut'the l'oudre River Trail. docks said. 2J • ri ( t
'Regardkss of any new development that In addition lo the trail construction,the §I Eastman U 5
goes on.this will always tetanus the same as community also celebrated the building of a 81 parkLoom. Kodak "-
a d is lotto,"Frank said. 135-foot bridge across the river.There was a, Cattle
On Saturday, many expressed similar also a fun-run,food and entertainment.Offs. E12' ♦ CarRa
• thoughts as Conurunily members gathered to cuts estimate 400 Iconic attnded thnwghcut !'3 'Mlnade Grove celebrate the opening of three mote miles of the day.And settled these people expressed t' P
ark
,s trail near the Kodak plant in Windsor.The feelings about die need to preserve nature. as * 1a1L
LL Trail-a•hrarion was a time to celebrate and Lyle Buller,president ofdeGreeley/Weld y U.S.34 //// GREELEY
recognize all those involved in the project Clamber of Commerce,said he will use the _
Roger Maddoaks. manager for Kodak trail to ride his bike. I Poudro trail mti
Colorado,cut the ribbon during the opening "It's
great."Butler said."It adds atremen• I —Kodak Section t v
--- ererrtcnies.and afterward,talked about what dons qualify of life to northern Colorado.I m 2
the trail will main in years to come. can't wait until it's open all the way to Fort --I
"1 have nine children and right gradchil- Collins." was built by volunteers.and die price of the opening celebration with his wife aid three
dren.so it really is an investment lot tenure Eventually,the nail will be paved so it can pavement was abase S400,O00.Costs were kids.He saidfe's happy his family will have
generations"Maddocks said go from Island Grove Regional Park,to La- covered trough various grants and private a place to spend their leisure time.
Madducks said the trail is the perfect place Porte,north of Fort Collins. donations. I think it's great."Recur said.'We're all
W for families to partake in activities in a beau- The section of the ball opened Saturday Rich Recor traveled from Greeley fur the pretty excited about it"
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Grcdey Tribune
April 7.1998
0
$50,000 given for trait bridge
mane cross the river at a point about Smiles east roY,three sfa Wen bridge roJ ect,which is esti-
BY CHAMOIS PIERSONmanager for the p
awn swan of Colo.157,which is the southern edge of Colo_3g2 mated to cost about$70,000.
- -- - • -- - - the Kodak property in Windsor.The bridge Windsor ,` ,k "It's a con to honor the families,"said
Three prominent Weld County families construction will begin in May and isexpeu ra• c�. cept Craig Harrison,president of Harrison Re-
ho have longtime ties to the community ed to be completed in early June. �+ `• d Kodak sauce Corp.
*have donated water rights to help generate The donation is intended to preserve the CI Easana'n 6 • The three families know each other well.
?.550,000 (or a bridge awl is a part of the antes agricultural heritage with tlds piece of Csi Park Harrison added. "They all had fame and
Poudte River Trail. the trail going all the way to 83rd Avenue in ranch empires along the Poudre with water
The bridge will help complete a wester, west Greeley.Frank said, EST rights,"he said
twain of the trail,which axntaally will con- Bob NMfsinger Jr..who made a donation ado' Site of •+k••- Harrison was hired to sell the water rights
two Windsor with Greeley.said Bob Frank. in name of his late father, Bob Sr.; Jean U the truss MIss.° mantle familiesdonated to generate the funds
;I-chairman of the Poudre Riser Trail Comdur I loshiko.who made a donation in her late 1 m bridge P/ for building the bridge.
"Board Inc. husband's name.Paul Hoshiko;and W.D. 13 ,, / hall Thefamilieswillbehonoredwithamemo-
"MotherNaturewillhavetoworkforus: Farr,an original roenrberofdie Northern Col- rial,Harrison said.
he "As spring water recedes,we'll beset uradu Water Conservancy District.donated Tam Selders,a Greeley city councilman The ultimate goal for the trail is to raise SI
to.go." water rights equivalent toSt6,B00 apiece for and member of the Poudre board,and vice million is local funds to match grants,said •
The truss bridge.which will be 135 fen a total of$50.000 for the bridge project and president of Big R Manufacturing and Dia- Linda Andemm,marketing and media dime-
long and In feet wide.will allow the trail to trail link tributing lac,wii donate time as eonaauctian for for the Poodle River Trail Corridor.
JAI
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0
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Environment
•
Conservancy
•
•
deal preserves •
canyon lands
5y SOMA WSW will ensure mountain lions, •
The Gnomon - hdxat, black bear,bighorn
Almost 1,200 acres north- sheep,mule deer and golden
west of Fort Collins will re- eagles a link from comer-
main as permanent open nary land to property
space,thanks to a first-time owned by the Colorado Divi-
deal The Nature Censer- don of Wildlife,he said •
•
vanry dosed recently with
area randier". •
They well buffer the North
With help from Great Fork of the Poudre,protect •
-
Outdrs Colorado and the rig the watershed(or most
oo
Fort Collins-based Stryker of king Northern Colorado's
aid.
Short Foundation,the non- drinking water,he said
•
profit group bought land or They also will allow the
conservation easements on
three properties just south m. 7 Phantom
and west of The Nature k;0 Canyon I 5=
Conservancy's Phantom 'p.
Canyon Preserve,which s (
north&Livermore along the •
North Fork of the Poudre " ?••••
River. xx
On one 700-acre Tc. •• YS
rancher maintains owner-
development
ship but hoe given up futue '� �,�:.''.
rights. . i5-
ea
The Nature Conservancy u - -
and its partnere bought a yy�t�y
neighboring 225.acres but • flt+p4{
will continue to lease the ei^9i'eJ.•
properF's grating rights tot. dl, •-•
•
rancher.
cawerow Wiry
The Nature Conservancy
also bought a nearby 250. realm of natural ecological
acre rsmch with plans to sell pm:ases,such as fire,that
it to a buyer willing to limit are'vital to main
development to one home native diversity butrrequire
site. large open spaces,he said
'We are looking for a con- The Nature Conservancy
aervation boresaid John uses fonds born membership
Stokes,the moues eacvtive fees and private donations
dam' ' The group also partner
This deal is the feat of its with other area orgwra
kindia Lorimer County and dons and seeks land dona-
brings The Nature Censer dons from ranchers
ancy'a loll conservation .'It is only through much
holdings to nearly 7,000 parinersdps that we will be
acme,Stokes said. able to preserve this ecolog-
"We've got permanent id treasure for future gen-
open space that will con- mationa,Stokes said.
to be usedemnomi- Nature Conservancyof-
rally; - tidal,continue to work with
The Nature Conservancy other area ranches to m-
hos sbeenaworking for years pand the group's con-
to to nape a laoprge
area of un-_ sensation hd Negotia-
intemiptthern Colorado, ace n in lions with Catherine and
Nod Evans Roberts,who own the
sa -.controversial Roberts Ranch,
The new arrangements are ongoing,Stokes said.
Co let lO0t)
£ 131 8
FCRT COL LI \S
OLORADOAN
THURSDAY'January 16, 1997
Outdoors
Donation
gives preserve
buffer from
development pr grandson, who is 2, will
apprecc iate the open vista on the
property more 60 years from now
By MILES BLUMHAPIDT
than I do today,'Tointon said.
The Cdoraeo.o
The land is wedged between
Three area businessmen have
donated a conservation easement the t Canyon
conservancy's serve ad
on 4,000 acres of northern La- U.S. Highwayom Canyon Preserve and
rimer County foothills to The Na- U.S. fFort2 30 . The
ture Conservancy. mnt will Collins. an-
Phili James and Dale Lake of easement connect the hhane
p torn Canyon Preserve with the
Fort Collins and Robert Tointon 16,000-acre Roberts Ranch,which
of Greeley could have divided the the conservancy is attempting to
property into 51 home sites,said acquire.
John Stokes, the conservancy's Stokes said the easement will
Northeast Colorado program protect Phantom Canyon Pre-
manager. serve from having homes built up
Instead, they opted to reduce to its property line.He added that
development on the property to grazing, hunting and.research
six houses totaling 13.5 acres by will be allowed on the parcel.
giving the conservancy the ease- The property is located in the
ment. Laramie Foothills,which the con-
In most cases, conservation servancy considers one of Colo-
easements are sold to a party that rado's most threatened and un-
doesn't want to see development protected ecosystems because of
occur on the land. development along the Front
`The three of us were sitting in Range.
a coffee shop talking about donat- The conservancy has an option
ing the easement and someone to buy the Roberts Ranch from
asked, 'Could you imagine this Evan and Katherine Roberts. It
place getting built up?' James received$1 million toward the$2
said.'The answer was'no.'' million purchase price of the
Tointon said-he was glad to ranch from the Great Outdoors
help preserve the area for future Colorado board. The option's
generations. deadline is Feb.28.
•
' a
Sunda.Jan av't 3,1999
Nature Conservancy
gains control of
more land near •
Phantom Canyon
•
My Mtn awMwwt
M Gbemw H9&, Phantoom Yin•.
Another cattl.Zncher in c4 , Cant
northern Lorimer County -. a Pouch
has seen the future but,s P a, . 'Raw.;
not giving in b it ;axi:,.
George end Sarah Seidel e.•.•:; t.�y;,.t, v.
and family have donated a ,Jr L ,z;me'ed'4,.
1,260-acre conservation
Jcaca 4.4 ',-
easement on their.Rabbit :;'N' ,yA:'w. ..p.
•
Creek Ranch N The Nature '.� ... .a;;. ..'
Conservancy, keeping the NUM�__
land in agriculture end en- ma fS5a1�1
wring that the ranch will ® -
not .
acre
acre ranchettes. -.
The easement adjoins the -v ..•
Conservancy's Phantom cinema.son
Canyon Preserve and the cent to its Phantom Canyon
Colorado Division of Preserve that the organire
Wildlife's Lower Unit of the lion bought so it would not
Cherokee Park State be developed.In that deal,
Wildlife Ares.' the Conservancy sold the
It also binge the Comer. pmpaty to Helen and Reid
van*holdings in the area Cameron of Grand Junction.
to more than 8,000 aces in- The couple, whose son—
dudiog 1,355 acres it own Reid Cameron ID lives in
The rest ofthe acreages me- Fort Collins.is expected to
served through numemn_build'on 2.3 acres of the •
conservation easements. property while niacin the
Neither George Seidel reportion into a
nor the Conservancy would cm bon ment
divulge the amount of the John Stokes,the Comer-
donation. vancy's local program man-
' 9t wasn't the wisest den- age;said the property could
Sion if we wanted to mad- have had seem,home site
mix. the financial benefit hum onk
from the ninths acid Seidel, 'We feel this is a terrific
who also is a Colorado State way to get conservation -'
University physiology pro done without spending.ton
fessm.But we didn't bun of money to get the land
this ranch 10 years ago to be well-protected:Stokes said.
land speculators.' 'It's private-sector censer-
' Seidel said.conservation cation,and we would like to
easement was the only way do more of it'
the family could guarantee Stokes said the comer
that the ranch would not be- "my atim'u negotiating to
come home to development acquire the 16,000-acre
•lfaodernng property Roberts Ranch,which also
from generation to genera- connect.with the organiza-
tion u impossible unless you tion's Phantom Canyon Pre-
are inordinately ealthy, serve.He said the organize-
which we want,hneee the lion continues to work dose-
inheritance tax is so much ly with Roberta family
that our son would have had member,who are split on
to sell the ranch to pey off the conservancy acquiring
the taxes,'Seidel said the ranch,and did not have ..
Then u.lot of develop- a timetable as to when a
ment of insidious 35 acres deal might be atn&
which we axe pldlnrpbinly 'We've made some
apposed to,and so this will pproroggrertss in some area;
alloy the ranch to continue Stoker mallet the trouble
to be a working ranch' is trying to make everybody
The Conservancy also re- that has an interest happy;
candy sold 250 saes Eliia- and were not there yet'
I.
'il n4 EST-ES pAP TRRuL��iyAz..E77E -rkeriAyo✓.aO 1448•r y+ •
.
( i'!Y!* f4
fir- r
u i
i �
'
P t ,
o a idr e �F
i.
1 I 4,
Photo by Tram e<mmno
Trailblazers
George His,left,of the Open Lands Ad- Sadighian of the Colorado Department
visory Board for Larimer County,Joins in of Transportation; and Estes Valley
on cutting the ribbon to officially open Recreation and Park District vice presl-
the Wapiti Meadows section of the Lake dent Jean Gimar. The EVRPD worked
Estes Trail on Wednesday.Joining His with the Town, ISTEA funds and CDOT
are, from left, Larimer County Commis- to complete the section of trail. The ,
sioner Jim Disney; Jack Garner, area three agencies have come together to
manager for the Bureau of Reclamation; work on the other sections of trail as
Estes Park Mayor Bob Dekker; Bob well.
EXHIBIT "B"
FIRST ADDENDUM TO LEGACY
PROJECT GRANT AGREEMENT
1/20/2000
POUDRE - BIG THOMPSON RIVERS LEGACY PROJECT
LEGACY PROJECT MEMORANDUM OF UNDERSTANDING H
THIS LEGACY PROJECT MEMORANDUM OF UNDERSTANDING("Legacy MOU
II"), is entered into this_day of , 2000,by and between THE CITY OF FORT
COLLINS, TOWN OF WINDSOR, ESTES VALLEY PARK AND RECREATION DISTRICT,
LARIMER COUNTY,POUDRE RIVER TRAIL CORRIDOR, INC., and STATE OF
COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION ("DPOR") (each and
collectively referred to as "Partner" or"the Phase II Partners"hereinafter as a reference tool
only; it is the parties' intent that in no event shall the term"Partners"mean a legal partnership
created or implied under the laws of the State of Colorado or otherwise).
RECITALS
WHEREAS, on May 13, 1997, DPOR and the STATE OF COLORADO DIVISION OF
WILDLIFE("DOW") entered into a certain "Memorandum of Understanding" with the State
Board of the Great Outdoors Colorado Trust Fund(which memorandum is hereinafter referred
to as the "State MOU" and which board is hereinafter referred to as "the Board") for the purpose
of establishing procedures and guidelines for the administration of Board grant awards including
Legacy Project Grant awards by the Board to DPOR and DOW; and
WHEREAS, the Board, and DPOR, together with DOW,have signed a Legacy Project
Grant Agreement("the "State-Board Legacy Project Grant Agreement") for the Poudre/Big
Thompson Rivers Legacy Grant Project supplementing the State MOU as concerns said Legacy
Project; which agreement is incorporated herein by this reference; and
WHEREAS, the Partners named herein together with the CITY OF LOVELAND, CITY
OF GREELEY, WELD COUNTY, THE NATURE CONSERVANCY, POUDRE RIVER
TRAIL CORRIDOR, INC., and STATE OF COLORADO DIVISION OF WILDLIFE("DOW")
(all of which are together referred to herein as "the Phase I Partners")are currently engaged in a
comprehensive,multi-year plan entitled"Poudre - Big Thompson Rivers Legacy Project" (the
"Project"),which in general proposes a coordinated and concentrated effort to protect the
riparian corridors of the Cache La Poudre and Big Thompson rivers, preserve the integrity of
their watersheds, and provide appropriate recreational and educational opportunities; and
Legacy Project Memorandum of Understanding II
Page 1
WHEREAS, on December 3, 1998,the Board and the Phase I Partners excluding DPOR
and DOW, entered into a Legacy Project Grant Agreement("the Grant Agreement") for the
Poudre/Big Thompson Rivers Legacy Grant Project to provide for the administering and
implementation of that Project as between the Board and the Partners,which is incorporated
herein by this reference; and
WHEREAS, pursuant to the Grant Agreement, the Board has agreed to provide funds in
the amount of up to$3,400,000 from the Board's Legacy Program for use by the Project
Partners in carrying out Phase I of the Project; and
WHEREAS, in addition to the Grant Agreement,the Phase I Partners, together with
DPOR and DOW, entered into a Poudre—Big Thompson Rivers Legacy Grant Project
Memorandum of Understanding, dated November 19, 1998, setting out the relative rights and
responsibilities of the Phase I Partners in connection with the funds to be provided by the Board
for the Project(hereinafter referred to as "the MOU"); and
WHEREAS,the Board has agreed to provide an additional grant in an amount up to
$2,500,000, to the Phase II Partners, for use in carrying out certain New Project Components
(also referred to herein as "Phase II of the Project") to be added to the Project; and
WHEREAS,the Board has proposed an addendum to the Grant Agreement, in order to
set out the terms and conditions of the Board's additional grant funds for the New Project
Components (hereinafter referred to as "the First Addendum"); and
WHEREAS, the Board has also proposed an addendum to the State-Board Legacy
Project Grant Agreement, in order to amend the same for the purpose of adding provisions
regarding Phase II of the Project; and
WHEREAS,the Phase II Partners have developed a plan for cooperatively working to
carry out the New Project Components and to coordinate their activities in that regard, consistent
with the First Addendum, and seek to document their mutual commitments and obligations in
connection with Phase II of the Project hereinafter.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the
Partners hereto agree as follows:
Legacy Project Memorandum of Understanding II
Page 2
ARTICLE 1.
The Partners agree to develop, administer, and implement Phase II of the Project as
described in the Poudre-Big Thompson Rivers Legacy Grant Project application dated
February 8, 1999, ("the Phase II Project Application") (copies of which are in possession of all
Partners and which is incorporated herein by this reference)and in accordance with the Grant
Agreement, and the First Addendum. The effectiveness of this Legacy MOU II shall be
contingent upon the full and final execution of the First Addendum in the same or substantially
the same form as of the date of this Legacy MOU II. Anything in this Legacy MOU II to the
• contrary notwithstanding,the Phase II Partners agree to secure all approvals from the Board as
may be required by the Grant Agreement or First Addendum, and acknowledge that no
amendments or updates to the Work Plan or Budget, as the same are defined hereinafter, shall be
effective until such approvals have been obtained.
ARTICLE 2. STATEMENT OF WORK
2.1 General Work Plan. Each of the Phase II Partners agrees to cooperate with the
other Partners to complete Phase II of the Project as described in the Work Plan as developed
from the approved Project application , as may be amended including any adjustments for "less
than full funding"; and in particular to complete those portions of the Work Plan for which each
such Partner has been designated as responsible. (A copy of the Work Plan is attached hereto
and and incorporated herein as part of Exhibit A.) The Partners further agree to work
cooperatively to adjust the Work Plan to reflect any changes in funding available from the
Board for Phase II of the Project in a manner that will be reasonably satisfactory to the Partners
and the Board. All annual Work Plan revisions ("Annual Updates") and other changes to the
Work Plan, as they relate to Phase II of the Project, shall be approved by the Phase II Grant
Committee.
2.2 Project Budget. At the time of signing of this Legacy MOU II, the Partners have
been advised by the Board that, contingent upon certain conditions set forth in the First
Addendum, the Board intends to provide to the Partners for the Project the amount of up to
$2,500,000 ("the Legacy Grant Phase II"), to be used to carry out the New Project Components
in the Work Plan. Based upon that anticipated Legacy Grant funding, and the associated Work
Plan,the Partners have prepared proposed Project Budgets for State Fiscal Years 2000, 2001,
and 2002 (attached hereto as Exhibit B and incorporated by this reference).
2.3 Components of the Work Plan. The New Project Components to be included in
the overall Work Plan as Phase II of the Project, based on the anticipated Legacy Grant funds are
as follows:
a. Protect 850 acres of riparian corridor along the Cache La
Poudre River through purchase of fee interest or perpetual
conservation easement;
b. Complete the final segment(.53 miles) of the Lake Estes
Trail;
Legacy Project Memorandum of Understanding II
Page 3
c. Construct two additional segments of trail along the Cache
La Poudre River in Fort Collins and Latimer County,
extending from Taft Hill Road to Watson Lake;
d. Construct 3.25 miles of trail along the Cache La Poudre
River in Weld County; and
e. Provide environmental site work at the Environmental
Learning Center in Fort Collins.
ARTICLE 3. TERM OF PROJECT
This Legacy M0U II will be in effect upon final execution by all six (6) Phase II
Partners and will remain in force through June 30,2002, contingent on the availability of the
Legacy Grant funds. The obligations of each Partner are contingent upon the appropriation by
such Partner of matching funding necessary to complete the Project components for which such
Partner is responsible, as outlined in the Work Plan and Project Budget.
ARTICLE 4. COMPONENT PROJECTS
4.1 Structure of Component Projects. The Partners acknowledge that within the
Work Plan, expanded to include Phase II of the Project, there will be various and distinct
Component Projects ("Component Projects") for which one or more Partners, but less than all,
will be responsible. If a Lead Partner from among the Component Participants for each
Component Project in Phase II of the Project is identified(by underlining) in Section 4.2,
below, such Lead Partner shall coordinate the activities related to completing the Component
Project and shall also coordinate with City of Fort Collins the overall administration of the funds
for that Component Project. If desired by any Component Participant as indicated by written
notice to the other Partners participating in the Component Project("Component Participant"), a
contract for such Component Project shall be prepared in writing, signed by all the Component
Participants, and set forth the respective responsibilities of each Component Participant.
4.2 Specific Work Plan Component Responsibility.
Following are the project components for which each listed Partner is in whole or in part
responsible,with the Lead Partner for each indicated by underlining:
Component Component Participants
Protection(via purchase of fee interest or City of Fort Collins
perpetual conservation easements) of 850
acres of riparian corridor along the Cache La
Poudre River in Fort Collins
Legacy Project Memorandum of Understanding II
Page 4
Completion of final 0.53 mile segment of Estes Valley Park and Recreation District
Lake Estes Trail
Construction of an additional 3.5 mile Larimer County; City of Fort Collins
segment of trail extending from Taft Hill
Road to Watson Lake, along the Cache La
Poudre River in Fort Collins and Larimer
County
Construction of 3.25 miles of trail in Poudre River Trail Corridor, Inc.; Town of
segments along the Cache la Poudre River Windsor
within Weld County
Provide environmental site work at the DPOR
Environmental Learning Center in Fort
Collins
ARTICLE 5. APPOINTMENT OF AGENT & REPRESENTATIVES
5.1 The City of Fort Collins is hereby appointed as the Agent("the Agent" or"the
Partners'Agent") for all Partners hereto, except for DPOR, and will be responsible for
coordinating administration of the Partners-Board Legacy Project Grant Agreement and First
Addendum on behalf of all Partners to that Agreement with the Board and the overall Project,
including Phase II of the Project, until such time, if any, as the Partners appoint a different
Agent, with the consent of the Board and the Partners, pursuant to Article 16 of the MOU.
Said Agent is responsible for the overall Project administration including , but not limited to,
development of Annual Updates and Work Plans among the Partners, and coordinating payment
requests between the Board and Grantees. However, it is the responsibility of each Partner to
manage and account for such Partner's expenses and receipts and to implement Project
components in accordance with the Work Plan and Budget. By agreeing to act as Agent for said
Partners for the Project, the Agent assumes no responsibility or liability for the acts or omissions
of any Partner other than those of the Agent itself. The Agent is entitled to rely on the
representations and information provided by the Partners to the Agent in connection with Phase
II of the Project, including the acquiescence of any Phase II Partner in any joint submission
prepared by the Agent under this Agreement.
5.2 DPOR had entered into separate grant agreements with the Board(the State MOU
and the State-Board Legacy Project Grant Agreement) pursuant to which it will provide reports
and accountings to the Board. DPOR shall work with the Agent when preparing the Annual
Updates and Work Plans. The Phase II Partners agree to work cooperatively in an effort to
jointly submit the Annual Update .
Legacy Project Memorandum of Understanding II
Page 5
5.3 The designated representative for the City of Fort Collins as Agent, shall be:
Edith Felchle
City of Fort Collins
Natural Resources Department
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6311
FAX(970) 224-6177
All notices required to be given to the City of Fort Collins as Agent shall be provided to said
representative. The alternate representative for City of Fort Collins as Agent shall be Tom
Shoemaker, at the above address and telephone number(970) 221-6263. The City of Fort
Collins, or any subsequently appointed Agent,may at any time change these appointments,
provided that reasonable written notice is provided to all other Partners' representatives of any
change in appointments.
5.4 The governing body of each Partner shall appoint a designated representative to
act on behalf of such Partner, along with an alternate representative. For the purpose of this
Legacy MOU II, and until notice of change is given in accordance with this paragraph, the
designated representative and alternate representative of each Phase II Partner shall be deemed to
be the same as have been designated to represent such Partner with respect to the MOU. Each
Partner shall notify all other Partners in writing of these appointments, and promptly of any
subsequent changes in appointments. Such notice shall also include a statement describing the
extent of the representative's and alternative representative's authority to act on behalf of the
Partner and the postal address and telefacsimile number, if available, to which notices required
by this Legacy MOU II shall be sent. The Agent may appoint the same individuals as its
designated representative and alternate representative to act on its behalf as a Partner as those
designated to act in its capacity as Partners' Agent.
Each Partner shall be responsible for ensuring the participation and involvement of properly
authorized representatives of the Partner to the extent matters to be decided, approved or
adopted are intended to constitute obligations of such Partner, and the Agent shall have no
obligation to ascertain or determine the limits of authority of any person appointed by a Partner
as its designated representative or alternative representative to act on such Partner's behalf.
ARTICLE 6. IMPLEMENTATION OF THE PROJECT
The Phase II Partners agree to implement Phase II of the Project and conduct all
activities funded through the Legacy Grant in accordance with the the State MOU, the State-
Board Legacy Project Grant Agreement,the Grant Agreement,the Technical Supplement
thereto, the First Addendum, and all applicable laws and regulations. All payments to be
disbursed shall be made on a reimbursement-only basis, provided that specific exceptions to this
Legacy Project Memorandum of Understanding II
Page 6
requirement may be made with the approval of the Board's Executive Director. When a likely
closing or payment obligation date has been determined for any transaction in a Component
Project,the Lead Partner for that Component Project shall request the Agent to issue a release to
the Board allowing the Board to enter into direct discussion with such Lead Partner and to
process all documentation required for such closing and reimbursement, or advance payment, to
said Partner of Board funds. Any such release shall be given in accordance with the latest Work
Plan, and shall be submitted to the Agent in a timely manner to allow processing in accordance
with the latest Work Plan. The Agent will submit same to the Board. All such funding monies
made available through Partners other than DPOR will be issued by the Board directly to the
Lead Partner or other appropriate Partner. GOCO grant funds made available through DPOR
(e.g., parks and outdoor recreation funding category funds) shall not be issued without the prior
written authorization of DPOR. DPOR will provide the Agent with copies of all
reimbursement/advance funding requests made by it to the Board for overall Project
coordination and record-keeping purposes.
ARTICLE 7. NON-APPROPRIATION
Each Partner hereto agrees that the revenues and expenditures of a Partner in connection
with the Project hereunder shall constitute current expenditures and revenues payable and
receivable in such Partner's fiscal years for which funds are appropriated . The obligations of
the Partners under this Legacy MOU II shall be from year to year only and shall not constitute a
multiple-fiscal year debt or other financial obligation or fiscal obligation of any kind payable in
any fiscal year beyond the fiscal year for which funds are so appropriated for the payment of
current expenditures. No provision of this Legacy MOU II shall be construed to pledge or to
create a lien on any class or source of the funds of any Partner. As used in this Article 7, the
term "fiscal year" shall mean with reference to any Partner, the applicable fiscal year for such
Partner, in accordance with such Partner's individual budget and accounting practices.
ARTICLE 8. TERMINATION
The Partners enter into this Legacy MOU II in the spirit of cooperation and partnership
to carry out Phase II of the Legacy Project. However, in the event that a Partner is not able or
willing to carry out Phase II responsibilities as set forth in the Work Plan,having determined
that the objectives proposed by said Partner in the Project Application cannot be met, such
Partner's participation in this Legacy MOU II may be terminated,with sixty (60) days prior
written notice to all other Partners hereto of such said Partner's intent to terminate its
participation. In the event of such termination,the remaining Partners shall continue to perform
their obligations hereunder, and shall work cooperatively among the Partners and with the
Board to reallocate any funds previously allocated to such terminated Partner that may be
available for their reallocation.
Legacy Project Memorandum of'Understanding II
Page 7
ARTICLE 9. EQUAL OPPORTUNITY CLAUSE
In connection with the performance of this Legacy MOU II, the Phase II Partners will
not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, disability or national origin. Each Partner further agrees to comply with all
federal laws governing employment, and occupational safety, including all workmen's
compensation, unemployment, and other obligations concerning the employment of persons by
such Partner, and all applicable laws prohibiting discrimination in the workplace or in the
provision of public services or facilities.
Each Phase II Partner expressly agrees to comply at all times with the applicable
provisions of the Americans with Disabilities Act of 1990, as enacted and from time to time
amended, and any other applicable laws and regulations. A signed,written certification of
compliance with the Americans with Disabilities Act in all Project activities and undertakings
may be requested from any Partner by any other at any time during the life of this Legacy MOU
II or any renewal thereof.
ARTICLE 10. PRIORITIZATION OF WORK PLAN COMPONENTS
The Partners acknowledge that the funding available for Phase II of the Project, as well
as the specific components most beneficial for the accomplishment of the goals of Phase II of the
Project, may change during the term of this Legacy MOU H. Accordingly, the Partners agree to
approve and modify Project priorities and plans for Phase II of the Project, as necessary to
incorporate changes in funding or Project goals using the decision making process set forth in
Article 16 of this Legacy MOU H.
ARTICLE 11. MATCHING FUNDS
11.1 It is the responsibility of each Partner to provide the matching funds committed in
Exhibit B, subject to Article 7 of this Legacy MOU II. Provided, however, that it is not the
intent of the Partners that this Legacy MOU II serve as the document obligating the Partners to
actual expenditure of the Partners' funds or Legacy grant funds made available through them. It
is rather the intent of the Partners that, if and as necessary, separate contracts will be executed by
various Partners for the acquisition of services, goods, and property; or that separate approval
shall be given by them for direct payment of grant funds by the Board for any such services,
goods, or property. DPOR may authorize in writing the payment by the Board of any Legacy
Grant funds made available through DPOR(e.g., from the parks and outdoor recreation funding
category) directly to other Partners or third persons. Likewise, any other Partner through which
other Legacy Grant funds are made available may authorize their direct payment by the Board.
11.2 The Parties agree that any credit for grant matching requirement purposes that
may be available by reason of expenditure of grant funds accruing to any Component Project
Legacy Project Memorandum of Understanding II
Page 8
from the Board of the Great Outdoors Colorado Trust Fund shall be determined and apportioned
by mutual agreement of the Component Participants, other than through DPOR. Any such
funds available by reason of expenditure by or through DPOR(GOCO/DPOR Project Funds)
are reserved for the use of DPOR for this Project or for other projects at the sole discretion of the
DPOR. DPOR may authorize other Component Participants to take credit for the expenditure of
such GOCO Project Funds for grant matching requirements only by an expressly grant of prior
written approval upon a written request in advance of the commitment of such funds in a grant
application to a grant awarding agency. At the minimum, such request shall be in the form of a
letter addressed to the Budget Director of DPOR and shall state the amount of the matching fund
requirement, the identity of the grant awarding agency, and the period of the grant award which
requires matching funds. Authorization for any such Component Participant to commit such
GOCO Project Funds as a matching contribution shall be in writing and signed by the Budget
Director or designated representative for DPOR. The Parties agree that, absent such an
authorization from DPOR, in the event that such GOCO Project Funds are determined to be have
been matched to the same grant awarding agency by DPOR and another Component Participant,
DPOR shall be entitled to credit for such funds as matching funds, and said Component
Participant shall be required to seek an alternative matching source.
ARTICLE 12. FUNDING OF FACILITIES; ACQUISITIONS, OPERATIONS
AND MAINTENANCE
Unless otherwise expressly agreed in writing among all the Partners, it shall be the
responsibility of the Lead Partner for a Component Project to provide ongoing operational and
maintenance expenses for the useful life of personal property and improvements and in
perpetuity for real property obtained through such Component Project .
ARTICLE 13. ASSIGNMENT
The Phase II Partners shall not assign or delegate this Legacy MOU II, or any portion
hereof, or any monies due hereunder without the consent of the other Phase II Partners, secured
pursuant to Article 16 of this Legacy MOU II, or without the written consent of the Board.
Legacy Project Memorandum of Understanding II
Page 9
ARTICLE 14. AMENDMENT
This Legacy MOU II,together with the other documents referenced herein, represents the
entire agreement among the Phase II Partners and there are no oral or collateral agreements or
understandings. Except as otherwise expressly provided herein,this Legacy MOU II may be
amended only by an instrument in writing, signed by all the Phase II Partners.
ARTICLE 15. ADDITIONAL PARTNERS
Upon agreement of the Phase II Partners,pursuant to Article 16 of this Legacy MOU II,
and a written amendment of this Legacy MOU II, and written amendment of the Grant
Agreement, or First Addendum, Partners may be removed, or new partner entities added to
Phase II of the Project and this Legacy MOU H.
ARTICLE 16. PHASE II GRANT COMMITTEE; DECISION MAKING
The Phase II Partners agree to establish and participate in a Phase II Legacy Grant
Committee, consisting of one authorized representative of each of the four(4) Phase II Partners.
A majority of the Partners shall constitute a quorum. The Phase II Committee shall, consistant
with the applicable requirements of the Colorado Open Meetings Law, sections 24-6-401 et seq.,
CRS, conduct its meetings in a manner open to the public, except for executive sessions as
appropriate. Notice of each Phase II Committee meeting shall be given to each Phase II Partner
by the Agent in writing no less than seven (7) days in advance of such meeting, except to the
extent a Partner waives its right to such form or time of notice. The representatives of all Phase
II Partners that are "public bodies" shall post notice of each Phase H Committee meeting to the
extent such Partners are required by Section 24-6-402(2)(c), C.R.S., to do so. Decisions of the
Phase II Committee shall be made by consensus of the Partners in attendance at an official
meeting unless any member calls for a decision in accordance with the voting rules of Robert's
Rules of Order. Any addition of new Component Projects to Phase II of the Project shall require
the approval of the Phase II Legacy Grant Committee. All annual Work Plan and Budget
revisions ("Annual Updates"), other changes to the Work Plan, and any amendments to this
Legacy MOU II shall be approved by the Phase II Grant Committee; provided,however, that
any such changes shall be consented to by each Phase II Partner in order for such Annual
Updates, changes or amendments to be effective. Decisions concerning an approved
Component Project(i.e., changes to the Component Project Packages)that do not require
amendment of the Work Plan shall be made upon the approval of all the Component Participants
without action by the other Partners or the Phase H Grant Committee; provided, however, that
reasonable advance notice of and opportunity to comment on any significant changes shall be
given to the other Phase II Partners.
Legacy Project Memorandum of Understanding II
Page 10
ARTICLE 17. CONFIDENTIALITY
It is understood by the Phase II Partners that some specific projects or aspects thereof
may be confidential in nature. All Phase II Partners agree to keep certain discussions or
negotiations confidential to the extent required or permitted by law and as agreed by the Phase II
Partners. The Phase II Partners acknowledge that applicable law includes the above-referenced
Colorado Open Meetings Law and the Colorado Open Records Act, sections 24-72-201 et seq.,
CRS. The Phase II Partners agree that all meetings of the Phase II Legacy Grant Committee will
be open to the public as required by the Colorado Open Meetings Law, and shall not be closed
unless adequate and appropriate cause under said law is determined to exist that requires or
allows that certain discussions be conducted as confidential, and the Phase II Committee votes to
adjourn to executive session. In the event such executive sessions are conducted,the time and a
general statement of the subject to be discussed shall be included in the minutes of the Phase II
Committee meeting.
Notwithstanding the foregoing, this provision is not intended to prohibit any Phase II
Partner representative from discussing confidential matters in executive session of such Partner's
own governing body.
ARTICLE 18. AUTHORITY; LIABILITY
Each Partner hereto represents that it enters into this Legacy MOU II consistent with full
and proper authority to do so, and consistent with all applicable laws and regulations of its
organization and jurisdiction. All actions taken by Partners pursuant to this Legacy MOU II shall
be determined and approved consistent with each Partner's own legal authority for such action.
Each Phase II Partner agrees to assume responsibility and liability associated with its own acts
and the acts of its employees in performance of this Legacy MOU II in accordance with
Colorado law; specifically as concerns those Phase II Partners that are local governments, or
other political subdivisions or agencies of the State of Colorado,the provisions of the Colorado
Governmental Immunity Act, sections 24-10-101 et seq., C.R.S., as may be amended; and as
concerns DPOR, the provisions of the State Risk Management Act, sections 24-30-1500 et seq.,
as may be amended. Notwithstanding any other provision of this Legacy MOU II to the
contrary, no term or condition of this Legacy MOU II shall be construed or interpreted as a
waiver, either express or implied, of any of the immunities,rights, benefits or protection
provided to any of the Phase II Partners under the Colorado Governmental Immunity Act, as
amended or as may be amended(including,without limitation, any amendments to such statute,
or any other similar statute which is subsequently enacted).
Legacy Project Memorandum of Understanding II
Page 11
ARTICLE 19. GENERAL PROVISIONS
19.1 Audits and Accounting Records. Each Phase II Partner agrees to maintain
standard financial accounts, documents, and records relating to the acquisition, use,
management, operation and maintenance of the Project in accordance with generally accepted
accounting principles. The accounts, documents, and records related to Phase II of the Project
shall be retained by any Phase II Partner in possession of the same as agreed in Grant Agreement
and First Addendum, and shall be subject to examination and audit by any Phase II Partner, or
by any authorized agent of the same, at reasonable times during this period. The accounts,
documents and records related to ongoing use, management, operation and maintenance of Phase
II of the Project shall be retained by any Phase II Partner in possession of the same as agreed in
the Grant Agreement and First Addendum, and shall be subject to examination and by any Phase
II Partner, or by any authorized agent of the same, at reasonable times during the same period.
19.2 Inability to Complete Project. If any Partner determines with reasonable
probability that any portion of Phase II of the Project will not or cannot be completed as
reflected in the then current Work Plan or addendum, such Partner will promptly so advise the
other Phase II Partners, and shall cooperate in good faith with respect to alternative solutions to
the problem.
19.3 Good Faith. There is an obligation of good faith in connection with the
performance of this Legacy MOU II,the Grant Agreement, and the First Addendum, on the part
of each and every Partner that is a party to such agreements, including the obligation to make
timely communication of information relevent to Phase II of the Project which may reasonably
be believed to be of interest to any other Phase II Partner or the Board.
19.4 Applicable Law. Colorado law applies to the interpretation and enforcement of
this Agreement.
19.5 Status of Partners. The parties acknowledge that each Phase II Partner lacks the
power and right to direct the actions of any other Partner. Each Partner acts in its separate
capacity as an independent contractor and not as an officer, employee or agent of the Board or
any other Partner. Each Partner represents that the person(s) executing this Legacy MOU II is
authorized to do so and to bind the Partner on behalf of which it signs to the terms and
provisions of this Legacy MOU II.
19.6 Survival. To the extent necessary to carry out all of the terms and provisions
hereof, the said terms, obligations and rights set forth herein shall be deemed not terminated
after funds for the Project have been fully disbursed; nor shall they be necessarily merged with
the various documents executed and delivered at such time. Subsequent ongoing obligations of
the Phase II Partners, as set forth in the final Work Plan or in this Legacy MOU II, shall
continue beyond the term of this Legacy MOU B.
Legacy Project Memorandum of Understanding II
Page 12
19.7 Notices. Any notice, demand, request, consent, approval, or communication that
either party is required to give to the other shall be in writing and either served personally or
sent by first class mail,postage prepaid, or by telefacsimile, provided that receipt of such
telefacsimile is specifically confirmed promptly upon transmission.
19.8 Fax and Counterparts. This Legacy MOU II may be executed in one or more
counterparts, each of which shall be an original but all of which when taken together shall
constitute one agreement. In addition, the parties agree to recognize signatures to this Legacy
MOU II transmitted by telefacsimile as if they were original signatures.
19.9 Construction. Each party hereto has reviewed and contributed to the preparation
of this Legacy MOU II, and therefore any usual rules of construction requiring that ambiguities
are to be resolved against a particular party shall not be applicable in the construction and
interpretation of this Legacy MOU II.
19.10 Severability. If any provision of this Legacy MOU H is declared void or
unenforceable, such provision shall be deemed severed herefrom, and the balance of this Legacy
MOU II shall otherwise remain in full force and effect, unless the severance of the void or
unenforceable provision defeats the purpose or general intent of the parties hereto, in which
event this Legacy MOU II shall terminate.
19.11 Third Party Beneficiaries. The Partners hereby acknowledge and agree that this
Legacy MOU II is intended to only document the relative rights and obligations between of the
Phase II Partners to one another, and that no third party beneficiaries are intended.
IN WITNESS WHEREOF, the Phase II Partners hereto have executed this Legacy
Project Memorandum of Understanding II on the date(s) set forth below with their respective
signatures.
Legacy Project Memorandum of Understanding II
Page 13
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: g• ---�
John . Fischbach, City Manager
Date: 2/5/00
ATTEST:
%\tokinit_lkch Aittued-
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Legacy Project Memorandum of Understanding 11
Page 14
THE TOWN OF WINDSOR,COLORADO
By:
Date: March 13, 2000
ATTE •
S
7 F
Owh\
c� 4 SAN ... itO
:CORPORgTB9
APPROVED AS TO FORM:
AA
.� �. \ 404 SEAL v.9
.
I OF COLO P_
t` .
Legacy Project Memorandum of Understanding II
Page 15
ESTES VALLEY PARK AND
RECREATION DISTRICT
BY:(SS—r/-r ( Cc cCtJ
President of the Board of Directors
Date: February 15, 2000
ATTEST:
Vice Presi t of the Board of Directors
APPROVED AS TO FORM:
Legacy Project Memorandum of Understanding II
Page 16
pr
BOARD OF COUNTY COMMISSIONERS
LARIMER COUNTY, COLORADO
ByC .�z t��°J Ck_e-ft..--
Ch •
Date: _9-0- .Q •2 .2(W
ATTEST:
zale.Lici , )47 et i. (7;J
APPR S TOO FFORM:
/ /
Legacy Project Memorandum of Understanding II
Page 17
POUDRE RIVER TRAIL CORRIDOR,INC.
By: / Mt,
Date: S/2/00
A yST: ,
APPROVED AS TO FORM:
Legacy Project Memorandum of Understanding II
Page 18
Page 19
•
STATE OF COLORADO
DIVISION OF PARKS AND OUTDOOR
RECREATION
By: —4`4-'k!6 Ybi..t
Director'
Date: v7- / Do
ATTEST:
APPROVED AS TO FORM:
•
Legacy Project Memorandum of Understanding II
Page 19
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