HomeMy WebLinkAbout981958.tiff RESOLUTION
RE: APPROVE 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 a 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., with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEyD COUNTY, COLORADO
ATTEST: jI�L.,��"1!•.. ®- ete -) x!-�criice-ram
•Mr Constance L. Harped, Chair
Weld County Clerk t. r eLi ! 1
�, .L) � H
C ci f"--. W. H. ebster, Pro-Tern
BY:
Deputy Clerk to th-.<•�rl�/ 1 v
���r/ orge . Baxter
ED AS T M:
Dale K. Hall
_ 0 •
my ttorn y ._/ /I
Barbara J. Kirkmeyer
981958
C'.C- ', l-) ri BC0024
LEGACY PROJECT GRANT AGREEMENT
LEGACY PROJECT:
Name: Poudre-Big Thompson Rivers Legacy Project
Project Completion Date: June 30, 2000
Great Outdoors Colorado
Contract No.:
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
303 East 17th Avenue, Suite 900
Denver, CO 80203
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: , 1998.
1 10/6/98 Version
981958
RECITALS
A. The Board is a political subdivision of the State of Colorado, created by Article
XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which
article designates a portion of the net proceeds of the Colorado Lottery to the Board and directs
the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources.
B. The Board created a statewide Legacy Project Grant program designed to further
the following: (a) wildlife programs through the Division of Wildlife; (b) outdoor recreation
programs through the Colorado Division of Parks and Outdoor Recreation; (c) open space and
natural areas programs though the Colorado Division of Parks and Outdoor Recreation and
Colorado Division of Wildlife, municipalities, counties, or nonprofit land conservation entities;
and (d) local government open space, trails and other outdoor recreation facilities. The goal of
the Legacy Project is to bring together public and private organizations in the spirit of
cooperation and with a common goal to complete various phases of a project of state-wide
benefit.
C. Grantee, together with the Colorado Division of Parks and Outdoor Recreation
and Colorado Division of Wildlife (collectively, the"Divisions"), submitted a detailed project
application (the "Project Application") to the Board for the completion of the project entitled and
described above (the "Project"). On October 23, 1996, the Board approved the Project
Application subject to the following contingencies: (i) total net proceeds available from the
lottery programs equals or exceeds $87,000,000 each year and the Board continues to receive its
portion of the total net proceeds as currently allocated under Article XXVII of the Colorado
Constitution; (ii) Grantee and the Divisions each execute a detailed grant agreement with the
Board; and (iii) Grantee and the Divisions discharge all of their obligations under their respective
grant agreements with the Board.
D. The parties intend this Agreement to be the detailed grant agreement required of
Grantee by the Board.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
ARTICLE I
Project Description
1.1 Proiect. Grantee submitted the Project Application to the Board which
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contemplates the completion of the Project. A copy of the Project Application is attached hereto
as Exhibit A and incorporated herein by reference.
1.2 Work Plan. To implement and complete the Project, Grantee and the Divisions
have completed a detailed work plan which describes all the phases of the Project and includes,
among other items, a multiple year budget(through the completion of the Project) with
anticipated sources and uses of funds, Grantee's and the Divisions' requested annual
appropriations of the Grant from the Board, schedules of the specific phases of the Project and/or
a list of key dates, and any known or anticipated contingencies to completion of the Project (the
"Work Plan"). The Work Plan adjusts the Project budget and time lines from those contained in
the Project Application. The Work Plan also contains the Board approved allocation of the Grant
among the four funding categories described in the Technical Supplement (as hereafter defined).
Grantee acknowledges and agrees that the Board must review and approve the budget and any
revised budgets contained within the Work Plan or Addendum (as described below) to determine
if the timing of requested annual appropriations can be supported by the net proceeds available to
the Board from the lottery programs. A copy of the Work Plan is attached hereto as Exhibit B
and incorporated herein by reference.
1.3 Poudre-Big Thompson Rivers Legacy Project (PBTRLP) Grant Partners
Agreement. In order to establish a method and process for local decision making relative to
administering and implementing the Work Plan, the various entities including, but not limited to
those comprising Grantee in this Agreement have executed the Poudre-Big Thompson Rivers
Legacy Project ("PBTRLP") Grant Partners Agreement("Partners Agreement"). The Partners
Agreement sets forth guidelines for prioritizing projects, completion of the yearly Work Plan,
establishing a budget and general administration of the PBTRLP through the Grantee's Agent. A
copy of the Partners Agreement is attached hereto as Exhibit C and incorporated herein by
reference.
a. Annual Addenda. Grantee hereby covenants and agrees to update the
Work Plan each year during the term of this Agreement by means of an addendum to this
Agreement ("Annual Addendum"). Each Annual Addendum must be executed by both the
Board and the Grantee, include a comparison of actual expenditures to the budget, and revisit and
revise, where appropriate, the Work Plan in light of the net proceeds available to the Board from
the lottery programs, Grantee's demonstrated progress toward completion of the Project, and
Grantee's changes in expectations and goals under the Work Plan. If the Grantee is requesting an
appropriation for a specific phase of the Project that differs from the Work Plan or the most
recently executed Annual Addendum, a revised Annual Addendum containing a clear
explanation of how the new phase fits within the overall plan or vision for the Project, a specific
description of the newly proposed phase, and a budget and timeline for implementation of the
new phase reflecting the proposed sponsor/partner match must be executed. Grantee
acknowledges and agrees that appropriation of portions of the Grant in subsequent years is
expressly contingent on the execution of an Annual Addendum for such year by Grantee and the
Board. The Board agrees that it will not make an appropriation or distribution of any portion of
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the Grant to the Divisions unless the Divisions have signed the Annual Addendum to the
Divisions' Agreement and Partners Agreement adopting the updated Work Plan that includes
such appropriation or distribution. To the extent necessary, the Agent shall be responsible for
coordinating the approval of any such Annual Addendum by the individual Grantee entities and
the Divisions.
b. Matching Funds. Grantee has undertaken responsibility for obtaining the
match funds and in-kind contributions described in the Project Application and Work Plan.
Grantee hereby covenants and agrees to disclose to the Board in each Annual Addendum the
status of efforts to secure matching funds and the changes, if any, in Grantee's proposed
allocation of the Grant among the four funding categories described in the Technical
Supplement. If at any time the Grantor reduces the amount of grant funding provided in the then
current Annual Addendum, the Grantee shall have the option of reducing the scope and schedule
of the Work Plan and the associated match funds to the same proportion as the reduction of
Grantor funding, which reduction shall be accomplished through an Annual Addendum. The
Grantee and or Grantee's Agent shall not be held responsible for securing or providing match
funds proposed by other parties as designated in the Partners Agreement.
1.4 Project Scope. The Project will not be materially modified by Grantee without
the written approval of the Board. Grantee shall use the Grant solely to complete the Project, as
approved by the Board under the Project Application, Work Plan and each Annual Addendum.
Grantee hereby covenants and agrees to use its best efforts to complete the Project.
ARTICLE II
Legacy Grant Award
2.1 Grant. The Board hereby authorizes future grants in an amount not to exceed
$3,400,000 (three million, four hundred thousand dollars) (the "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 $87,000,000 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) the execution of annual addenda in fiscal years beyond the initial year of
this Agreement, in accordance with Section 1.3.a, above.
2.2 Scheduled Appropriations and Disbursement of the Grant. It is anticipated that
the Grant will be distributed over a four year period ending June 30, 2000. Each year the Board
will appropriate a specific portion of the Grant for distribution to Grantee in the then current
fiscal year to complete specific phases of the Project. The initial appropriation was in December,
1996 and will provide funding for those specific phases of the Project expected to be completed
prior to June 30, 1998. Each succeeding appropriation will pertain to the applicable fiscal year
running from July 1 to June 30. Grantee's schedule of anticipated and requested appropriations
is set forth in the Work Plan.
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ARTICLE III
Designation of Agent
3.1 Agent. Given that Grantee is comprised of multiple entities and in an effort to
coordinate the communication among these various entities and with the Board, Grantee hereby
designates the City of Fort Collins as its sole and exclusive agent for administering this
Agreement including but not limited to contact with the Board and its staff in all matters
pertaining to the Work Plan, and all official requests for funding of a specific appropriation of
the Grant. To the extent the power to do so has been properly granted to the Agent by individual
participating Grantee entities, the Agent shall approve each Annual Addendum and otherwise act
on behalf of such Grantee entities. The designation of the Agent may be changed by a written
statement addressed to and received by the Executive Director of the Board (the "Executive
Director"), at the address indicated on page one (1) of this Agreement, signed by all of the
entities comprising Grantee and setting forth the designation of the new Agent.
ARTICLE IV
Covenants Applicable to Particular Aspects of the Grant
4.1 Grantee acknowledges that the Project may consist of various phases comprised
of the following activities: (i) planning, project coordination and administration, and
environmental program development ("Planning Activities") as more particularly described in
the Technical Supplement; (ii) land acquisition and acquisition of conservation easements
("Property Acquisition Activities") as more particularly described in the Technical Supplement;
(iii)trail development, facilities development and expansion or enhancement of existing facilities
("Facilities Development Activities") as more particularly described in the Technical
Supplement; and (iv) habitat restoration and enhancement ("Habitat Restoration Activities") as
more particularly described in the Technical Supplement. With respect to the aforementioned
activities, Grantee hereby acknowledges, covenants and agrees as follows:
a. Planning Activities. The Board shall only pay those Eligible Costs for
Planning Activities set forth in the Technical Supplement.
b. Property Acquisition Activities. Grantee will meet and discharge the
Standard Conditions and Due Diligence requirements set forth in the Technical Supplement,
including but not limited to the implementation of a Use Restriction on the acquired property, as
described in the Technical Supplement. The Board shall only pay those Eligible Costs for
Property Acquisition Activities set forth in the Technical Supplement.
c. Facilities Development Activities The facilities constructed under this
activity will be maintained for twenty five (25) years or the useful life of the facility as more
particularly described in the Technical Supplement. The Board shall only pay those eligible
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costs for facilties development activities set forth in the technical supplement.
d. Habitat Restoration Activities. On property under Grantee's control,
Grantee will undertake no act or omit to undertake an act that results in the degradation of the
habitat either restored or enhanced under this activity. On private property not under Grantee's
control, Grantee will use their best efforts to ensure the landowner will undertake no act or omit
to undertake an act that results in the degradation of the habitat either enhanced or restored under
this activity. The Executive Director may require a Use Restriction where appropriate. The
Board shall only pay those Eligible Costs for Habitat Restoration Activities set forth in the
Technical Supplement.
ARTICLE V
Disbursement of the Grant
5.1 Process for Disbursement.
a. Written Request for Disbursement. The Agent, on behalf of the Grantee,
must submit a written request for disbursement of all or a portion of then current appropriation at
least forty-five (45) days prior to the requested disbursement. It is acknowledged and understood
by all parties hereto, that Grantee will coordinate disbursement requests from the various project
partners including non-profit and state agencies with disbursement from Grantor to be made
directly to the agency or organization responsible for implementing specified projects as
described in a specific request and documented in the Work Plan.
b. Additional Documentation. In addition to the written request for
disbursement, Grantee must also provide to the Board or its authorized agent, as an express
condition precedent to disbursement, the following items relative to the following activities (as
these activities relate to the specific phase of the Project for which a disbursement is requested):
(1) Planning Activities: Grantee must submit: (i) documentation confirming
that the benchmarks for funding set forth in the then current Work Plan or addendum have been
met; (ii) itemized funding and expenditure documentation verifying the sources of finds and that
the costs are Eligible Costs (as more particularly set forth in the Technical Supplement); and (iii)
such other items or information as required by the Technical Supplement.
(2) Property Acquisition Activities: Grantee must submit: (i) documentation
confirming that the Standard Conditions for Property Acquisition Activities (as set forth in the
Technical Supplement) have been met; (ii) the documentation required by the Due Diligence
Checklist for Property Acquisition Activities (as set forth in the Technical Supplement); (iii)
itemized funding and expenditure documentation verifying the sources and uses of funds and that
the costs are eligible for payment at closing (as more particularly set forth in the Technical
Supplement); and (iv) such other items or information as required by the Technical Supplement.
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(3) Facilities Development Activities: Grantee must submit: (i) documentation
confirming that the facilities will be open to the public, and operated and maintained in a
reasonable state of repair for the purposes set forth in the Project Application, then current Work
Plan and addendum for at least twenty-five years or the useful life of the facility (as more fully
set forth in the Technical Supplement); (ii) itemized funding and expenditure documentation
verifying the sources and uses of funds and that the costs are Eligible Costs (as more particularly
set forth in the Technical Supplement); (iii) documentation confirming that the benchmarks for
funding set forth in the then current Work Plan or addendum have been met; and (iv) such other
items or information as required by the Technical Supplement.
(4) Habitat Restoration Activities: Grantee must submit: (i) documentation
confirming that the habitat that is restored or enhanced will be maintained in its restored or
enhanced state in perpetuity (as more fully set forth in the Technical Supplement). On property
under Grantee's control, Grantee will undertake no act or omit to undertake an act that results in
the degradation of the habitat either restored or enhanced under this activity. On private property
not under Grantee's control, Grantee will use their best efforts to ensure the landowner will
undertake no act or omit to undertake an act that results in the degradation of the habitat either
enhanced or restored under this activity; (ii) itemized funding and expenditure documentation
verifying the sources and uses of funds and that the costs are eligible for reimbursement (as more
particularly set forth in the Technical Supplement); (iii) documentation confirming that the
benchmarks for funding set forth in the then current Work Plan or addendum have been met; and
(iv) such other items or information as required by the Technical Supplement.
5.2 Additional Information Required for each Phase. Prior to disbursement of any
portion of the Grant, the following information must also be submitted to the Board or its
authorized agent.
a. Promptly upon execution of this Agreement, Agent, on behalf of Grantee,
will submit the following:
(1) resolutions adopted by the governing body of each of the members
of Grantee authorizing the execution of this Agreement and approving its terms and conditions.
(2) the Work Plan for the Project.
b. Prior to disbursement of funds for any phase of the Project, Grantee,
through Agent, must provide written evidence of the following:
(1) all permits and approvals necessary to the completion of the phase
of the Project under applicable local, state and federal laws and regulations have been obtained;
(2) no material modifications or delays have been made or
experienced, unless the Board has been advised of the modifications or delays and has elected to
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continue to participate in the funding of the Project;
(3) matching funds have been received, or the status of efforts to
secure matching funding has been disclosed to Board staff and it has been found to be
satisfactory; and
(4) the representations made to the Board in the Project Application,
Work Plan and the then current addendum continue to be true, or, if there have been any material
changes, the Board has been advised of such changes and has consented to them.
(5) The Executive Director may waive one or more of the previous
conditions to disbursement but may require satisfaction of one or more of these conditions
subsequent to disbursement.
5.3 Withdrawal or Reduction in Funding. Grantee hereby acknowledges and agrees
that the Board shall have the right to withdraw or reduce funding of unappropriated amounts of
the Grant for the following reasons: (i) Grantee is in breach of this Agreement as set forth in
Section 6.10 hereof; (ii) the cost of a specific phase is less than the amount itemized in the Work
Plan or addendum for that specific phase; (iii)the total net proceeds available from the lottery
programs does not equal or exceed $87,000,000 each year or the Board does not continue to
receive its portion of the total net proceeds as currently allocated under Article XXVII of the
Colorado Constitution; or (iv) the Board reasonably determines that conditions have occurred
which fundamentally change the expectations of the parties or which make the Grant infeasible
or impractical. In the event funding is withdrawn or reduced for the reasons set forth in items (ii)
through (iv) above, the Board shall provide the Agent at least 120-days written notice prior to
such withdrawal or reduction and the Executive Director will consult with the Agent relative to
mutually acceptable alternatives. Upon the Board's withdrawal of funds pursuant to items (iii) or
(iv) above, and upon receipt by the Agent of notice of such withdrawal, Grantee shall be released
of any obligation for future phases agreed to in a previous Work Plan or Addendum.
ARTICLE VI.
Other Provisions
6.1. Technical Supplement. Grantee acknowledges and agrees that the Technical
Supplement to September 1996 Legacy Grant Awards ("Technical Supplement"), which has
been previously provided to Grantee and which is attached hereto as Exhibit D and incorporated
herein by this reference, contains additional obligations of Grantee and procedures for
administering the Grant. The Board may revise the Technical Supplement from time to time, and
any revisions to the Technical Supplement shall be mutually acceptable to the Board and Grantee
and apply to this Agreement as if fully set forth herein, except to those portions of the Agreement
the parties mutually agree have already been performed or are already substantially underway at
the time such revisions are accepted, or as otherwise agreed by the parties. Agent shall be
responsible for coordinating review and acceptance of such revisions by Grantee. In the event
the Technical Supplement conflicts with the terms of this Agreement, the terms of this
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Agreement shall govern.
6.2 Compliance with Regulatory Requirements and Federal and State Mandates.
Grantee hereby assumes responsibility for compliance with all federal, state and local regulatory
requirements in all applicable areas, including but not limited to nondiscrimination, worker
safety, local labor preferences, environmental laws,rules and regulations, preferred vendor
programs, equal employment opportunity, use of competitive bidding, and other similar
requirements. To the extent allowed by the Colorado Governmental Immunity Act and other
applicable State and local law, Grantee hereby agrees to indemnify, defend, and hold harmless
the Board, its members, officers, agents or employees, from any cost, expense or liability for any
failure to comply with any such applicable requirements.
a. Grantee acknowledges the Board is not acting as, and shall not be
construed to be as acting as an owner, manager or operator of any property (real or personal),
facility or activity arising out of or in connection with the Project under any applicable law,
including but not limited to any applicable environmental law, rule or regulation.
b. Grantee agrees and acknowledges that in each instance in this Agreement
the Work Plan, or any addendum, in which the Board or the Executive Director is required or has
the right to review or give its approval or consent, no such review, approval or consent shall
imply or be deemed to constitute an opinion by the Board or the Executive Director, nor impose
upon the Board or the Executive Director, any responsibility for the design or construction of
building elements, including but not limited to the structural integrity of life/safety requirements
or adequacy of budgets or financing or compliance with any applicable federal or state law, or
local ordinance or regulations, including any applicable environmental laws. All reviews,
approvals and consents are for the sole and exclusive benefit of the Grantee as required by this
Agreement, the Work Plan or addendum and no other person or party shall have the right to rely
thereon.
6.3 Nondiscrimination. In connection with the performance of this Agreement,
Grantee and its contractors shall not unlawfully discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, disability, marital
status, age or sex, and shall comply with any other applicable laws prohibiting discrimination.
Grantee and its contractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free of such discrimination.
6.4 Publicity and Project Information. Grantee hereby agrees:
a. Grantee shall acknowledge Board funding in all publicity issued by it
concerning the Project;
b. Grantee shall cooperate with the Board in preparing public information
pieces, and shall give the Board the right and opportunity to use information gained from the
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Project.
c. Grantee shall give timely notice of the Project, its inauguration and
significance to the local members of the Colorado General Assembly, members of the board of
county commissioners of the county or counties in which the Project is located, as well as to
other appropriate public officials;
d. Grantee shall give the Board thirty (30) day notice of and opportunity to
participate in Project dedications.
e. Grantee shall erect temporary and permanent signs, where appropriate,
acknowledging financial assistance from the Board and the lottery programs in a form designated
by the Board as more particularly set forth in the Technical Supplement. Notwithstanding the
foregoing any signage shall meet local codes.
6.5 Liability.
a. To the extent allowed by law, Grantee shall indemnify, defend and hold
harmless the Board, its officers, agents and employees from any and all liabilities, claims,
demands, damages or costs (including reasonable attorneys' fees and expenses of defending such
matters) resulting from the acts or omissions of Grantee, its officers, agents and employees in
connection with this Agreement, except to the extent caused by the negligence or willful and
wanton conduct of the Board, its officers, agents or employees.
b. Notwithstanding any other provision of this Agreement to the contrary, no
term or condition of this Agreement shall be construed or interpreted as a waiver, either express
or implied, by any party to this Agreement, of any of the immunities, rights, benefits or
protection provided under the Colorado Governmental Immunity Act as amended or as may be
amended (including, without limitation, any amendments to such statute, or under any similar
statute, or under any similar statute which is subsequently enacted ("CGIA"), to the extent the
same may apply to the Board or any individual Grantee entity. The parties agree that no
provision of this Agreement shall be construed in such a manner as to reduce the extent to which
the CGIA limits the liability of any party to this Agreement.
c. To the extent that Grantee is comprised of more than one entity, the
obligations of Grantee under this Section shall be separate, and not joint and several.
6.6 Audits and Accounting Records. Grantee shall maintain standard financial
accounts, documents, and records relating to the acquisition,use, management, operation and
maintenance of the Project. The accounts, documents, and records related to the acquisition of
any portion of the Project shall be retained by Grantee for five (5) years following the date of
disbursement of funds by the Board under this Agreement, and shall be subject to examination
and audit by the Board, or its authorized agent, with reasonable prior notice and at reasonable
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times during this period. The accounts, documents and records related to ongoing use,
management, operation and maintenance of the Project shall be retained by Grantee for five (5)
years following the year to which the records pertain, and shall be subject to examination and
audit of the Board, or its authorized agent, with reasonable prior noticeand at reasonable times
during this period. All accounts, documents, and records described herein shall be kept in
accordance with generally accepted accounting principles.
6.7 Grantee's Inability to Complete Project. If Grantee determines with reasonable
probability that the Project will not or cannot be completed as reflected in the Project
Application, then current Work Plan or addendum, Grantee will promptly so advise the Board,
and cooperate in good faith with respect to alternative solutions to the problem before any further
funds are advanced. The parties acknowledge that all obligations set forth herein of the Board or
Grantee are subject to the annual appropriation of funds for use consistent with such obligations.
6.8 Completion Date. Grantee shall complete the Project no later than June 30, 2000
(the "Completion Date"), but if the Lottery is reauthorized prior to July 1, 1999, then the Board,
in its sole and absolute discretion, may extend the Completion Date for the Project.
6.9 Assignment. Grantee may not assign its rights or delegate its obligations under
this Agreement without the express written consent of the Executive Director which consent may
be withheld in the sole and absolute discretion of the Executive Director. In the event that
Article XXVII of the Colorado Constitution, which established the Board, is amended or
repealed to terminate the Board or merge the Board into another entity, the rights and obligations
of the Board hereunder shall be assigned to and assumed by such other entity as provided by law,
but in the absence of such direction, by the Colorado Department of Natural Resources or its
successor.
6.10. Breach. In the event that Grantee breaches any of the terms or conditions of this
Agreement and fails to cure such default after thirty (30) days prior notice from the Board, the
Board shall have the following remedies:
a. Prior to Payment of all of the Grant. The Board reserves the right to
withdraw funding and/or terminate this Agreement, in whole or in part.
b. After Payment of the Grant. The Board reserves the right to deem Grantee
ineligible for participation in future Board grants, loans or projects.
c. Additional Remedies. In addition to the remedies set forth in 6.10(a) and
(b) above, the Board shall be entitled to pursue any other remedy available at law or in equity.
6.11 Good Faith. There is an obligation of good faith on the part of both parties,
including the obligation to make timely communication of information which may reasonably be
believed to be of interest to the other party.
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6.12 Applicable Law. Colorado law applies to the interpretation and enforcement of
this Agreement.
6.13 Status of Grantee. The parties acknowledge that the Board lacks the power and
right to direct the actions of Grantee. Grantee acts in its separate capacity as an independent
contractor and not as an officer, employee or agent of the Board or the State of Colorado. The
Board and Grantee hereby acknowledge and agree that this Agreement is not intended to create a
joint venture between the parties to this Agreement. Grantee represents to the Board that the
person(s) executing this Agreement has the authority to do so and to bind the party or entity on
behalf of which it signs to the terms and provisions of this Agreement.
6.14 Entire Agreement. Except as expressly provided herein, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement shall be valid
unless made in writing and signed by the Board, the Agent and, to the extent required, the
individual Grantee entities.
6.15 Multiple Year Obligations. To make certain the understanding of the parties
because this Agreement will extend beyond the current fiscal year, the Board and Grantee
understand, acknowledge, agree and intend that, except for that portion of the Grant which has
been appropriated by the Board for payment in the current fiscal year, the financial obligations
created under this Agreement in no way constitute either a current or future obligation or expense
of the Board or Grantee. The appropriated amount for a specific fiscal year shall be payable
exclusively from Board funds and shall not in any way be construed to be a general obligation
indebtedness of the State of Colorado or any agency or department thereof. The Board has not
pledged the full faith and credit of the State, or any agency or department thereof to the payment
of the Grant hereunder, and this Agreement shall not directly or contingently obligate the State or
any agency or department thereof to apply money from, or levy or pledge any form of taxation
to, the payment of the Grant.
6.16 Time is of the Essence. Time is of the essence in this Agreement.
6.17 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
the Grant has been fully disbursed; nor shall they be necessarily merged with the various
documents executed and delivered at such time. Subsequent ongoing obligations of Grantee, as
set forth in the Project Application, final Work Plan, or final addendum, shall continue beyond
the final disbursement of the Grant.
6.18. 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, addressed as follows:
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To Grantee via the Agent:
Legacy Project Coordinator
City of Fort Collins
Natural Resources Department
PO Box 580
Fort Collins, CO 80522
To the Board:
Executive Director
State Board of the Great Outdoors Colorado Trust Fund
Suite 900
303 East 17th Avenue
Denver, CO 80203
6.19 Fax and Counterparts. This Agreement 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
Agreement transmitted by telecopy as if they were original signatures.
6.20 Construction. Each party hereto has reviewed and revised (or requested revisions
of) this Agreement, 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 Agreement.
6.21 Severability. If any provision of this Agreement is declared void or
unenforceable, such provision shall be deemed severed from this Agreement, and the balance of
this Agreement shall otherwise remain in full force and effect.
6.22 Third Party Beneficiaries. The Board and Grantee hereby acknowledge and agree
that this Agreement is intended to only cover the relative rights and obligations between the
Board and Grantee and that no third party beneficiaries are intended.
13 10/6/98 Version
IN WITNESS WHEREOF, the parties hereto have executed this Legacy Project Grant
Agreement of the date set forth with their respective signatures.
STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND
B
xecutive Direct
Date: ¢2--'3I9$
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation nn A
ATTEST: By: a. -hodt .
41AA.Ls\ri\ .1\4+ie John F. ischbach
City Manager
City Clerk
Date: 6.9e —) /� /997
APPROVED AS TO FORM:
Assistant City Attorn y j
14 10/6/98 Version
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first hereinabove written.
OPT, uh�A THE CITY OF GREELEY, COLORADO
Ei * se 1 , y• ( d�Gt
e 9,4 sta 1 • yor
\ "/TY,
APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM:
By: � By:
A_.z City Manager City Attorney
AVAILABILITY OF FUNDS:
By:
Director of ance
THE CITY OF GREELEY, COLORADO
15 10/6/98 Version
111111111UIS,g,I,
GM OF%
��y �F THE CITY OF LOVELAND, COLORADO
i V� • A Municipal Corporation
00. 414. i 47,
ij , E
By:
Brian Moeck
• City Manager
City Clerk 077 �jl fy
Date: Q/ /
APPROVED AS TO FORM:
cto 5
City Attorney
16 10/6/98 Version
ESTES VALLEY RECREATION
AND PARK DISTRICT
By �I
anley . Gengl
Executi a Director
Date: October 7. 1998
17 10/6/98 Version
Fr,
f\ L/(sob . A C2, l q �r A)
Date
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF LARIMER
ATTEST:
](L / )I1 (C t/91(C{� By: �, L%'1- 9Ic _Deputy Clerk of the Board ChairmAprii
tC 1,Lt.)AS
TO FORM.
4.;own-47A- yeom
LARIMER COUNTY
10/6/98 Version
18
The foregoing Legacy Project Grant Agreement was approved by the Board of Trustees
of the Town of Windsor, Colorado, pursuant to Resolution No. 1998- ._S properly adopted
by the Board of Trustees at its regular meeting on November 9, 1998.
TOWN OF WINDSOR, COLORADO
By (it/ , ,:2
W. Wayne Miller, Mayor
ATTEST:
Date: �;/17 ft
Town Clerk
N OF WiN�� 1
•• O
/hod ,.... •.,so ill
�i ;LpRppRgTF.9 �l
cp... SEAL .•/Ot
111 OF COS- -r•
THE TOWN OF WINDSOR, COLORADO
10/6/98 Version
19
IN WITNESS WHEREOF, the parties hereto have executed this Legacy Project
Grant Agreement on the date set forth with their respective signatures.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
L
/-,
ATTEST: i)lii ./ By' �t -S Y(�cl�_t-c
- ' Constance L. Harbert, Chair
Weld County Clerk to t' - '• ••'_ v' d`
, � '�an►; bate: 10/L2/98
BY: -__" .,: ,. i
Deputy Clerk t le
t i
APPROVED A FORM:
Coun ttorney
WELD COUNTY
20 10/6/98 Version
THE NATUR CO SERVANCY
BY:
Mark Burget, State Director
DATE: ii/ItIgV
The Nature Conservancy
10/6/98 Version
21
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first hereinabove written.
POUDRE RIVER TRAIL CORRIDOR, INC.
By: d Gir,QiL �� �.v4%--
Chair
ATTEST:
By: 7A,iAdo
Secretary/Treasurer
STATE OF COLORADO )
)ss:
County of WELD )
SUB ED AND SWORN to before me this (}"day of Ce.,
1998, by ,4 \ A.49 _- as Chair, and y7z4 jv� \ 4�w s _ as
Secretary reasurer of the Poudre River Trail Corridor, Inc. Board, known to me to be persons
whose names are subscribed to the within instrument and acknowledged that they executed the
same as their free acts and deeds.
WITNESS MY HAND AND OFFICIAL SEAL.
( Notary Public G�
My Commission Expires:figk r,t
POUDRE RIVER TRAIL CORRIDOR,INC.
22 10/6/98 Version
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