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1 Page 1 of 178 MEETING OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Tuesday, May 19, :00 p.m. The City Council may take action on any of the following agenda items as presented or modified prior to or during the meeting, and items necessary or convenient to effectuate the agenda items. I. REGULR MEETING CLLED TO ORDER II. PLEDGE OF LLEGINCE Led by Mayor Jim Dicksonn III. ROLL CLL IV. CITIZEN PRTICIPTION 3 minute time limit. Citizenn participation iss for items not on the agenda and for agenda items that are not scheduled public hearings. V. PRESENTTION a. Boys & Girls Club Effects of Smoking Ban in Parks and on Trails VI. NEW BUSINESS VII. OLD BUSINESS VIII. SCHEDULED ITEMS 1. Consent genda (Christian Samora) a. pproval of genda b. pproval of Minutes: May 5, 2015 c. Salidaa Wine Festival d. Salidaa Brewer s Rendezvous e. Salidaa Rotary 4 th of July f. Poncha Springs Manhole Project Bid ward Resolution g. Pool Sewer Line Bid ward Resolution h. Block Party Street Closure 2. Salidaa River Lofts Easement, 2 nd Reading and Public Hearing (Dan Osborn) Ordinance approving an easement agreement with River Lofts of Salida LLC genda May 19, The order of agenda items listed above are approximate and intended as a guideline for the City Council. Individuals with disabilitiess needing auxiliary aid(s) may request assistance by contacting the City Clerk, 448 E. 1 st Street, Ste. 112, Salida, CO 81201, at least 48 hours in advance.

2 3. Block 19 lley Vacation, 2 nd Reading and Public Hearing (Dan Osborn) Ordinance vacating a portion of the alley right-of-way in Block 19 Between First and Second Streets and Southeast of I Street 4. KCK Ventures, INC DB Seasons Hotel & Restaurant Liquor License pplication and Public Hearing (Christian Samora) 5. Creation of the Downtown Entertainment District, 1 st Reading (Christian Samora) Ordinance creating an Entertainment District authorized by C.R.S Regulation of the Downtown Entertainment District, 1 st Reading (Christian Samora) Ordinance amending Chapter 6 of the Salida Municipal Code to add regulations respecting the creation of an Entertainment District in which common areas for consumption of alcohol may be operated by a promotional association 7. greement with Xcel Energy for Downtown Banners (Dara MacDonald) Resolution approving a joint use agreement regarding street light poles owned by Public Service Company of Colorado 8. Review Madison House Presents Event Plan (Dara MacDonald) 9. Pedestrian Bridge Bid ward (Dan Osborn) Resolution approving the award of an agreement for the South rkansas Pedestrian Trail and Bridge Project and authorizing the City dministrator to enter into a construction services agreement between the City and Lowry Contracting, INC. 10. Operating Budget Discussion (Dara MacDonald) 11. dministrator/city ttorney/deputy City Clerk City dministrator Report Dara MacDonald City ttorney Report Karp, Neu, Hanlon, PC Deputy City Clerk Report Christian Samora 12. Elected Official Reports City Treasurer Cheryl Brown-Kovacic City Clerk Betty Schwitzer Mayor Jim Dickson City Council- Keith Baker, Michael Bowers, Melodee Hallett, Eileen Rogers, Hal Brown and Tom Yerkey. IX. DJOURN May 19, 2015 City Council Packet Page 2 of 178 [SEL] Mayor City Clerk genda May 19, The order of agenda items listed above are approximate and intended as a guideline for the City Council. Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting the City Clerk, 448 E. 1 st Street, Ste. 112, Salida, CO 81201, at least 48 hours in advance.

3 Page 3 of 178 CITY COUNCIL GEND ITEM MEETING DTE: GEND ITEM TITLE: PRESENTED BY: May 19, 2015 Consent genda Items Christian R. Samora, Deputy City Clerk GEND SECTION: Scheduled Items REQUESTS: a. pproval of genda b. pproval of Minutes: May 5, 2015 c. Property Requests and Special Liquor Permits: 1) Salida Chamber of Commerce 4 th nnual Wine Festival - Street Closures Downtown & Riverside Park 2) Salida Chamber of Commerce nnual Colorado Brewers Rendezvous Special Event Liquor Permit, Street Closures Downtown & Riverside Parkk 3) Salida Rotary Club and Salida Rotary Charitable Fund Special Events Liquor Permit Request Riverside Park 4) Block Party Street Closure 13 th Street between D & E Streetss BCKGROUND: a. City Property Requests and Special Liquor Permits: (1) The Salida Chamber of Commerce is requesting use of Riverside Park on September 5, 2015 from 8:00 a.m. to 7:00 p.m for the 4 th nnual Wine Festival. street closure is also requested for Sackett venue between E and F Streets for this event. (2) The Salida Chamber of Commerce is requesting use of Riverside Park on July 11, 2015 from 8:000 a.m. to 6:000 p.m. for the nnual Colorado Brewers Rendezvous. street closure is also requested for Sackett venue between E and F Streets for this event. There is also a Special Event Liquor Permit included in this application. (3) The Salida Rotary Club and Salida Rotary Charitable Fund is requesting a Special Event Liquor Permit at Riverside Park on July 4, The requestt is for 12:000 p.m. through 10:00 p.m. (4) Erin Dziura is requesting a street closure on Thursday, May 21 st, 2015 for an end of school year block party. The request is for the closure of 13 th Street between D and E Streets from 4:000 p.m. to 8:000 p.m. CTION: If Council wishes to approve the items on the consent agenda; Council Member should make a motion to combine andd approve the items on the consent agenda. Followed by a second, and then a simple voice vote. Consent genda items are considered routine requests. Should a Council Member wish to discuss any of these items, a request should be made to remove an item, and to place it under another section of the agenda.

4 Page 4 of 178 MEETING OF THE CITY COUNCIL City Council Chambers 448 East 1 st Street, Room 190 City of Salida, Colorado Tuesday, May 5, :00 p.m. I. REGULR MEETING CLLED TO ORDER II. PLEDGE OF LLEGINCE Led by Mayor Jim Dicksonn III. ROLL CLL Present at roll call were Mayor Jim Dickson, Council Members Keith Baker, Tom Yerkey, Eileen Rogers, Mike Bowers, Melodee Hallett and Hal Brown. lso present were City Treasurer r Cheryl Brown-Kovacic, City Clerk Betty Schwitzer, City dministrator Dara MacDonald and Deputy City Clerk Christian Samora. IV. CITIZEN PRTICIPTION 3 minute time limit. Citizenn participation iss for items not on the agenda and for agenda items that are not scheduled public hearings. lisa Pappenfort of Salida stated that she heard the Council state that they would not want to take jobs. She felt that they need to be swift and act now. She stated that thee unintended consequences fall on city workers, she was shocked and saddened thatt city employees are at times not treated well. She spoke of how large portions of city budgets are typically personnel costs. She urged the Council to find a solution. Vern Davis of Salida asked what the protocol would be for the meeting. He stated that the circuit breaker at the Dominick water supply was down. George Hinman of County Rd 105 stated that he did not feel the parking in that area would need dust management for the concert in ugust. He stated that four people passed him while he was unloading children at the boys and Girls Club at the intersection of Teller and Park venue. He asked when the intersection would be corrected for the safety of the children. Louise Fish of Salida addressed Bowers, Brown and Hallett. She stated that she was very disappointedd that they didd not attend the recent Town Hall Meeting. She wanted to know why they were not in attendance. She felt it was extremely inappropriate that they did not attendd and she hopes it does not happen again. Shawn Gillis of Salidaa stated that he attended the last Town Hall Meeting. He had prepared a question for Bowers, Brown and Hallett. He stated that in the last two years he has been present in the room when the City uditor presented the City s udit. He asked what they expect to find with the udit Committeee and where will the money be spent. Monika Griesenbeck of Salida thanked Bowers, Brown and Hallett for enduring what she perceived as a display of hatred at the last Council Meeting. She felt she hadd seen all the things that Clark had spoken of in regard to civility. She felt that an elderly lady was left standingg when she wanted to speak. She felt the meeting was out of control. Meeting Minutes May 5,

5 Page 5 of 178 V. PRESENTTION The Mayor Read a Proclamation declaring May 14, 2015 as rbor Day in the City of Salida. VI. SCHEDULED ITEMS 1. Consent genda (Christian Samora) a. pproval of genda b. pproval of Minutes: pril 21, 2015 c. FIBrk d. Bluegrass on the rkansas e. Central Colorado Foodshed lliance Farmers Market f. Shakespeare in the Park g. Salida rt Walk h. Salida rts Festival Yerkey motioned to combine and approve the items on the Consent genda. Bowers seconded the motion. With all in favor, THE MOTION CRRIED. 2. Lease of First Street Parking Lot, 2 nd Reading and Public Hearing (Dara MacDonald) Ordinance approving a commercial property lease for a parking lot located at 323 West First Street with RJP Holdings, LLC MacDonald introduced the agenda item. Yerkey wanted to table the item and hear from the public as well. Bowers felt it was a good idea and he felt the parking lot was being utilized. Mayor Dickson opened the Public Hearing Ron Mazzeo of Salida asked if there would be an opportunity to speak when it is brought back for consideration. Monika Griesenbeck of Salida stated that if there is a desire was to eliminate costs, to look at cutting the $11,000 in the Salida Pool budget for travel. Ron Mazzeo felt that his lot was being singled out. He felt that the City should have notified him of the possibility for cuts. He felt the Railroad lot lease should be terminated as well. He read a section of the Railroad Lease aloud. He felt that both leases should be ended. He felt it was the City dministrator s interpretation of the lease. Mayor Dickson closed the Public Hearing Yerkey motioned to continue the public hearing to the June 2 nd City Council Meeting. Baker seconded the motion. With all in favor, THE MOTION CRRIED. 3. City Treasurer Duties, 2 nd Reading and Public Hearing (Cheryl Brown-Kovacic) Ordinance amending of the Salida Municipal Code regarding duties of the City Treasurer Brown Kovacic introduced the genda Item. Hallett felt that maybe it should be continued until the next meeting. Mayor Dickson opened the Public Hearing Jeff uxier felt that in the last five or six years administration, part of the City Council and the dministrator Meeting Minutes May 5,

6 has been moving to make Salida a Homerule City instead of a Statutory City. He felt that the dministrator has absolute control over everything. He was disappointed to see the current treasurer agree with this ordinance. He urged the Council to reject the ordinance and address the problems created in the City Clerk s and Treasurer s positions. Baker felt that the City needs professionals in those positions. Rogers agreed with Keith, she felt that it does not make sense to give the Treasurer Jan Schmidt s responsibilities because there needs to be a professional in that position. Brown-Kovacic was in agreement and felt that someone with a financial background needs to be in the position. Hallett felt that there are definite issues, perhaps to extend the term to six years or three terms of six years. She felt that the public will not be able to hold the elected officials accountable. Yerkey motioned to adopt Ordinance , an ordinance of the City Council, City of Salida amending of the Salida Municipal Code regarding duties of the City Treasurer and ordering the Ordinance published by title only. Rogers seconded the motion. Brown stated that he did not feel it was reasonable to expect someone to do that kind of a job for $140 a month. Hallett stated that she wanted a second opinion on the matter. May 19, 2015 City Council Packet Page 6 of 178 In a 4-2 role call vote, THE MOTION CRRIED. Hallett and Bowers had the dissenting votes. 4. Block 19 lley Vacation, 1 st Reading (Dan Osborn) Ordinance vacating a portion of the alley right-of-way in Block 19 Between First and Second Streets and Southeast of I Street Osborn introduced the agenda item. Baker motioned to approve Ordinance , an ordinance of the City Council, City of Salida vacating a portion of the alley right-of-way in Block 19 Between First and Second Streets and Southeast of I Street and ordering the ordinance published in full to set a public hearing date for May19, Rogers seconded the motion. With all in favor, THE MOTION CRRIED. 5. ppointment of Members to the Planning Commission (Dan Osborn) Resolution approving citizen appointments to the Planning Commission Osborn introduced the agenda item. Rogers motioned to approve Resolution approving citizen appointments to the Planning Commission to be PT Wood with a term to expire in 2019, Harald Kasper with a term to expire in 2019 and Tom Pokorny as an alternate with a term to expire in Baker seconded the motion. Hallett asked if it was a yes or no vote. With all in favor, THE MOTION CRRIED. 6. Bid ward for the 2015 Sidewalk Project (Bob Salmi) Resolution approving the award of an agreement for the 2015 Sidewalk Replacement Project and uthorizing the City dministrator to enter into a Construction Services greement between the City and Blejwas Construction, LLC Meeting Minutes May 5,

7 Page 7 of 178 Salmi introduced the agenda item. Yerkey motioned to approve Resolution , a resolution of the City Council, City of Salida, approving the award of an agreement for the 2015 Sidewalk Replacement Project and uthorizing the City dministrator to enter into a Construction Services greement between the City and Blejwas Construction, LLC. Rogers seconded the motion. With all in favor, THE MOTION CRRIED. 7. ppointment of Members to the Public rt Commission (Michael Varnum) Resolution approving appointments to the Public rt Commission Varnum introduced the agenda item. Rogers motioned to approve Resolution , a resolution of the City Council, City of Salida, approving appointments to the Public rt Commission to be Gayle nn Dudley with a term to expire in 2018, Kenneth Brandon with a term to expire in 2018, Stephan Smalzel with a term to expire in 2017, Geraldine W lexander with a term to expire in 2017, Martin Jolly with a term to expire in 2016 and William Boddy with a term to expire in Baker seconded the motion. With all in favor, THE MOTION CRRIED. 8. Operating Budget Shortfall Discussion (Dara MacDonald) MacDonald stated that the agenda item was added as a placeholder for the subject of the budget shortfall. Bowers said he was willing to pay for an additional opinion. Yerkey said he would not support a reallocation of the 2% sales tax. Brown did not see there was a legal question if the Council were to put it to a legal vote. MacDonald suggested using the May 18 th Work Session to discuss the 2015 Budget. Tom Pokorny of Salida stated that he was encouraged to hear that Bowers would be meeting with staff. Shawn Gillis of Salida felt he Council made a good decision by not seeking another opinion and did not feel it would go well to change the voted for language. He would like to see a well thought out solution and to see it explained to the public. He felt that there should be more trust in the staff of the City because they do an amazing job. Monika Griesenbeck of Salida stated that she would like to get clarification on what the reserve funds are and what the Contingency fund is for. MacDonald provided clarification and offered additional reports. Jeff uxier of Salida He felt that voters knew exactly what they were voting for. He did not feel that government can be trusted without being verified. He felt that Salida is lacking being verified. He stated that the City can submit an initiative and felt it would have a better chance of passing with an informative budget. Billy Carlisle of Salida thanked everyone for the positive and constructive tone at the meeting. He felt that there was some unnecessary shouting down of people at the Town Hall Meeting. He stated that everyone is counting on the Mayor to keep civility. He stated that the idea of tracking and auditing is a good practice and it will help regain the support of the people. Michelle Stoke, a City of Salida employee, stated that she wanted to address the statements that were made about the pril 29 th Meeting. She likes to spirit of cooperation that she has seen from four Council Members. She stated that the employees were pleading for their jobs and their benefits. She thanked Bowers for putting a face on his situation. She stated that she would like to see the same kinds of assurances from Brown and Hallett. She stated that she wants to trust the Council. Meeting Minutes May 5,

8 Page 8 of 178 Kathy Davis-Peter of Salida thanked the City Council for coming forward with ideas without dipping into reserves. She stated that at the last meeting the employees were putting a face to who works for the City. She did not feel that it was fair to say that the employees were rioting or throwing bottles. She stated that she felt the employees were being respectful at the last work session meeting. Mayor Dickson closed the Public Hearing. 9. dministrator/city ttorney/deputy City Clerk City dministrator Report Dara MacDonald MacDonald reported that there will be a meeting Thursday, May 7 th at 6:00 p.m. for the downtown patio seating at the SteamPlant The NRCDC revisited the idea of the frequency of audits. The NRCDC Board in interested in reducing the number of audits to a minimum of every three years. Rogers was in agreement. Yerkey and Baker were in favor. MacDonald stated that without a majority of the Council in support that she would not move forward with it. MacDonald stated that there was a suggestions to look at a governmental accounting class for the community. The cost would be about $2,500 for a full day to have the instructor in Salida. Rogers asked if CML would be interested in providing a class. Brown suggested that maybe CGFO could offer a class. Schmidt stated that CGFO has already scheduled their classes for the year and it is not likely they will add another. Hallett felt maybe they could look a little further to help cut costs. Rogers asked if CGFO would consider another year. Schmidt stated that they would. MacDonald stated that Harry Brull would like a few minutes on 5/18 to distribute his information in regard to the City dministrator s Performance review. MacDonald stated There were a number of unanswered questions at the Town Hall Meeting and staff is working to get them all answered and will be posting them on the website. MacDonald asked if the sound quality was better and explained how adjustments and improvements are being made. MacDonald stated that there would be a Madison House Event Plan Public Meeting on the Evening of Monday, May 11 th. City ttorney Report Karp, Neu, Hanlon, PC Deputy City Clerk Report Christian Samora 10. Elected Official Reports City Treasurer Cheryl Brown-Kovacic City Clerk Betty Schwitzer Mayor Jim Dickson City Council- Keith Baker, Michael Bowers, Melodee Hallett, Eileen Rogers, Hal Brown and Tom Yerkey. VII. EXECUTIVE SESSION Yerkey motioned to adjourn to executive session for a conference with the City/Town ttorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section (4)(b); ND THE FOLLOWING DDITIONL DETILS RE PROVIDED FOR IDENTIFICTION PURPOSES: Legal advice regarding water Case No. 04CW96 Rogers seconded. 9:37 p.m. VIII. REPORT/CTION ON EXECUTIVE SESSION MTTERS Meeting Minutes May 5,

9 Page 9 of 178 Baker reported that they were discussing advice from the Water ttorney, which should have no effect on Salida. motion to accept the recommendations was made by Rogers. Brown seconded the motion. With all in favor, THE MOTION CRRIED. IX. DJOURN Baker motioned to adjourn. Rogers seconded the motion. With all in favor, THE MOTION CRRIED. [SEL] Mayor Deputy City Clerk Meeting Minutes May 5,

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44 Page 44 of 178 CITY COUNCIL GEND ITEM MEETING DTE: May 19, 2015 GEND ITEM TITLE: PRESENTED BY: GEND SECTION: 2015 Poncha Sewer Manhole Project Bob Salmi, Public Works Director Consent genda REQUEST: To ward a contract to Y & K Excavation Inc., for the 2015 Poncha Sewer Manhole Project BCKGROUND REVIEW: Public Works through use of contractors is preparing a continuation of the 2014 Poncha Sewer Manhole Project with our 2015 project in Poncha Springs. There are 25 sewer manholes to be raised, including finish grading and restoration. We received 2 bids total for this project; the winning bidder was Y&K Excavation, Inc. The bid from Y&K Excavation, Inc., 309 Blake Street Salida, CO is for $22, Diesslin Structures, Inc. $24, Y&K Excavation, Inc. $22, Our budget for this year s portion of the project was $32,000.00; both bids came in under the projected need keeping this project $10,000 under budget. Staff is recommending that the Council award the job at the bid prices for up to $22, worth of the work. RECOMMENDTION: Council person should make a motion to approve Resolution for $22, for the award of an agreement of the 2015 Poncha Sewer Manhole Project and authorizing the City dministrator to enter into a construction services agreement between the City and Y & K Excavating, LLC. Followed by a second and then a voice vote.

45 Page 45 of 178 CITY OF SLID, COLORDO RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, PPROVING THE WRD OF N GREEMENT FOR THE 2015 PONCH SEWER MNHOLE PROJECT ND UTHORIZING THE CITY DMINISTRTOR TO ENTER INTO CONSTRUCTION SERVICES GREEMENT BETWEEN THE CITY ND Y&K EXCVTION, INC. WHERES, the City Council of the City of Salida, Colorado (the City ) has agreed to enter into a contract with Y&K EXCVTION, INC..; and WHERES, the City agrees to pay Y&K EXCVTION, INC.; the sum of $22, for the 2015 PONCH SEWER MNHOLE PROJECT subject to the terms and conditions of the Construction Services greement to be executed by the parties. NOW THEREFORE, BE IT ORDINED BY THE CITY COUNCIL OF THE CITY OF SLID COLORDO, THT: 1. The Salida City Council incorporates the foregoing recitals as its conclusions, facts, determinations, and findings. 2. The Construction Services greement with Y&K EXCVTION, INC. For the 2015 PONCH SEWER MNHOLE PROJECT is hereby approved, and the City dministrator is authorized to sign the contract on behalf of the City. RESOLVED, PPROVED, ND DOPTED this 19th day May, CITY OF SLID, COLORDO By Mayor [SEL] TTEST: City Clerk/Deputy City Clerk

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47 Page 47 of 178 CONSTRUCTION GREEMENT THIS CONSTRUCTION GREEMENT is made this 19th day May, 2015, by and between Y&K Excavation, Inc. (hereinafter referred to as Builder ), and the City of Salida, Colorado, a Colorado municipal corporation (hereinafter the City ). WITNESSETH: WHERES, the City desires that Builder perform the duties of general contractor for the construction of certain improvements, namely the 2015 Poncha Sewer Manholes Project (hereinafter the Project ); and WHERES, Builder desires to perform such duties pursuant to the terms and conditions provided for in this greement; and WHERES, the parties hereto desire to set forth certain understandings regarding the Project in writing. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Statement of Work. Builder agrees to manage and supervise the construction of the2015 Poncha Sewer Manholes Project located in the City of Poncha Springs, Chaffee County, Colorado, as directed by the City and pursuant to the City of Salida Public Works Manual and according to the plans and specifications approved by the City. Builder shall (a) furnish all tools, equipment, supplies, superintendence, transportation and other construction accessories, services and facilities; (b) furnish all materials, supplies, and equipment specified to be incorporated into and form a permanent part of the complete work; (c) provide and perform all necessary labor in a substantial and skillful manner and in accordance with the provisions of this greement; and (d) execute, construct and complete all work included in and covered by this greement. 2. Time of Commencement and Completion. Construction under this greement will begin no later than June 8, 2015 and shall be completed by July 15 th, 2015 ( Completion Date ). The Completion Date may, at the City s sole discretion, be extended if approved by the City in writing, but in no event may the Completion Date extend beyond July 31 st If, due to misconduct or neglect, Builder fails to complete the Project on or before the Completion Date, the City may deduct liquidated damages in the amount of $ from the contract price per day for each day Builder works beyond this date. It is understood by Builder and the City that actual damages caused by Builder s failure to complete this greement on time are impracticable or extremely difficult to fix, and that the per diem deduction from the contract price will be retained by the City as payment by Builder of liquidated damages, and not as a penalty. 1

48 Page 48 of Compensation. City shall pay and Builder shall receive the contract price of $22, as stipulated in the Notice of ward, attached to this contract as Exhibit and incorporated herein by this reference, as FULL compensation for everything furnished and done by Builder under this greement, including all loss or damage arising out of the work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of the work, including increased prices for or shortages of materials for any reason, including natural disasters; for all risks of every description associated with the work; for all expenses incurred due to the suspension or discontinuation of the work; and for well and faithfully completing the work as provided in this greement. 4. N/ Draw Requests. Builder agrees to perform all work on the Project according to the schedules set forth in the approved Bid Proposal attached hereto as Exhibit B and incorporated herein by this reference. Builder shall submit weekly progress reports to the Public Works Director or his designee showing actual costs incurred and work completed. Builder shall the Project, if the time for the work exceeds one month. Upon review and approval of the progress reports and draw request(s) by the Public Works Director or his designee, the City agrees to pay Builder the amounts shown on all draw requests, minus a ten percent (10%) retainage for any payments other than the final payment, no later than the fifteenth (15 th ) business day following the date the draw request was submitted. Invoice for complete project to be presented for payment Payments may be withheld if:. Work is found defective and not remedied; B. Builder fails to meet schedules shown on Exhibit B, as may be amended by the actual construction commencement date. C. Builder does not make prompt and proper payments to subcontractors; D. Builder does not make prompt and proper payments for labor, materials, or equipment furnished; E. nother contractor is damaged by an act for which Builder is responsible; F. Claims or liens are filed on the job; or G. In the opinion of the City, Builder s work is not progressing satisfactorily. The City shall disburse the total retainage and the final draw request submitted by Builder upon acceptance of the Project as described in Paragraph 12 below. 5. Liability for Damages. The City its officers, agents or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part of the work; for any loss or damage to any materials, building, equipment or other property that may be 2

49 Page 49 of 178 used or employed in the work, or placed on the worksite during the progress of the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of Builder or otherwise; or for any damage to any property occurring during or resulting from the work. Builder shall indemnify the City, its officers, agents and employees, against all such injuries, damages and compensation arising or resulting from causes other than the City s neglect, or that of its officers, agents or employees. 6. Inspection of Work and Materials.. The City dministrator or his designee may appoint and employ such persons as may be necessary to act as inspectors or agents for the purpose of supervising in the interests of the City materials furnished and work done as the work progresses. B. The City shall at all times have unrestricted access to all parts of the work and to other places where or in which the preparation of materials and other integral parts of the work are being carried on and conducted. C. Builder shall provide all facilities and assistance required or requested to carry out the work of supervision and inspection by the City, including soil and material tests. D. Inspection of the work by the above-mentioned authorities or their representatives shall in no manner be presumed to relieve in any degree the responsibility or obligations of Builder. E. No material of any kind shall be used in the work until it has been inspected and accepted by the City. ll rejected materials shall be immediately removed from the premises. ny materials or workmanship found at any time to be defective shall be replaced or remedied at once regardless of previous inspection. Inspection of materials shall be promptly made, and, where practicable, at the source of supply. F. Whenever the specifications, the instructions of the City or the laws, ordinances or regulations of any public authority require work to be specially tested or approved, Builder shall give the City timely notice of its readiness for inspection, and if the inspection is by another authority, of the date fixed for the inspection. 7. Insurance. Builder shall not commence work under this greement until Builder has obtained all insurance required under this section and the insurance has been approved by the City dministrator or his designee. Similarly, Builder shall not allow any approved subcontractor to commence work on his or her subcontract until all similar insurance required of subcontractor has been so obtained and approved. The following insurance shall be required: 3

50 Page 50 of 178. Commercial General Liability Insurance: t a minimum, combined single limits of $1,000,000 per occurrence and $1,000,000 for general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors, and contractual liability each at $1,000,000 per occurrence. B. Workers Compensation and Employer s Liability: Workers' compensation insurance for all of Builder's employees engaged in work at the site of the project including occupational disease coverage in accordance with scope and limits as required by the State of Colorado. C. Comprehensive utomobile Liability Insurance: Including coverage for all owned, non-owned, and rented vehicles with $1,000,000 combined single limit for each occurrence. The City of Salida shall be named as an additional insured. ll insurance policies must be written in a manner consistent with the requirements of the Standard Form greement. Certificates of insurance shall be issued prior to execution of the Notice to Proceed. 8. Performance Bond. To secure performance of Builder s obligations under this greement, the Builder shall provide the City with a Performance Bond in the amount of the full contract price, or $. The Builder shall provide the form of the Performance Bond to the City for its review and approval. The City shall be authorized to draw upon the Performance Bond to correct any default by Builder under this greement, which default shall determined and substantiated by an ffidavit of Default signed by the City dministrator. The Performance Bond shall be held by the City through the one year warranty period specified in Paragraph 13 below. 9. Payment of Labor and Materials Bond. To secure performance of Builder s obligations under this greement to its subcontractors and suppliers, Builder shall provide the City with a Payment of Labor and Materials Bond in the amount of the full contract price, or $. fter the execution of this agreement and prior to the notice to proceed, the Builder shall provide the form of the Payment of Labor and Materials Bond to the City for its review and approval. The City shall be authorized to draw upon the Payment of Labor and Materials Bond to correct any default by Builder under this greement, which default shall be determined and substantiated by an ffidavit of Default signed by the City dministrator. 10. Notice to Proceed. Notice to Proceed shall be issued within ten (10) calendar days of the execution of this greement by all parties. If the City fails to issue such Notice to Proceed within that time limit, Builder may terminate the greement without further liability on the part of either party. Such notice of termination must be tendered in writing to the City. dditionally, the parties may mutually agree that the time for the Notice to Proceed may be extended. 4

51 Page 51 of Compliance with Laws. Builder and every subcontractor or person doing or contracting to do any work contemplated by this contract shall keep himself or herself fully informed of all national and state laws and all municipal ordinances and regulations in any manner affecting the work or performance of his or her contract or any extra work, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not the laws, ordinances or regulations are mentioned in this contract, and shall indemnify the City, its officers, agents and employees, against any claim or liability arising from or based on the violation of any such laws, ordinances or regulations. 12. Certificates and Permits. Builder shall secure at Builder's own expense all necessary certificates, licenses and permits from municipal or other public authorities required in connection with the work contemplated by this greement or any part of this greement, and shall give all notices required by law, ordinance or regulation. Builder shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this greement, and any extra work performed by Builder. 13. Termination. The City may, at its sole discretion, terminate this greement without liability in the event that Builder fails to provide the Performance Bond and/or Payment of Labor and Materials Bond, Certificates of Insurance required by Paragraph 7, or otherwise fails to meet the conditions precedent to issuance of the Notice to Proceed set forth in Paragraph 10 above. The City may also, at its sole discretion, on one week s notice to Builder, terminate this greement without liability before the completion date, and without prejudice to any other remedy the City may have, when Builder defaults in the performance of any provision, or fails to carry out the construction of the Project in accordance with the provisions of this greement. 14. Substantial Completion / cceptance. The date of substantial completion of the Project shall be a date mutually agreed upon by the City and Builder. In the event that the City and Builder do not reach an agreement as to the date of substantial completion, the Salida City Council shall determine such date. Upon the date of substantial completion, Builder shall certify in writing that substantially all improvements described in the Statement of Work have been completed in conformance with the plans and specifications and submit to the City a completed substantial completion list utilizing the Substantial Completion Form approved by the City. Thereafter, and within thirty (30) business days after a request for final inspection by Builder, the City shall inspect the Project and notify Builder in writing and with specificity of their conformity or lack thereof to the plans and specifications. Builder shall make all corrections necessary to bring the Project into conformity with the plans and specifications. Once any and all corrections are completed, the City shall complete a Project cceptance Form and promptly notify Builder in writing that the Project is in conformance with the approved plans and specifications, and the date of such notification shall be known as the cceptance Date. The cceptance Date shall coincide with the commencement of the one year warranty period described in Paragraph 15 below. Within thirty (30) days of the cceptance Date, the City shall pay Builder the amount shown on the final draw request; provided, however, that the amount of funds left from the contract price specified in the Notice of ward are sufficient to cover this 5

52 Page 52 of 178 amount. 15. Warranty. Builder shall warrant any and all improvements constituting the Project constructed for the City pursuant to this Construction greement for a period of twelve (12) months from the cceptance Date as set forth in Paragraph 14 herein. Specifically, but not by way of limitation, Builder shall warrant that:. ny and all improvements constituting the Project shall be free from any security interest or other lien or encumbrance; and B. ny and all structures so conveyed shall be free of any defects in materials or workmanship for a period of one (1) year, as stated above. 16. Corrections to Project. If, within one (1) year after the date of substantial completion, any of Builder s work on the Project is found to be not in accordance with the standards set forth in the preceding Paragraph 15, Builder shall, at Builder s expense, correct it promptly after receipt of a written notice from the City to do so unless the City has previously accepted such condition. Such notice shall be either delivered personally or by overnight express courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and must be received by Builder as soon as practicable after the City discovers the defect or the loss or damage caused by such defect, but in no event later than the date that the warranty given hereby expires. 17. Modifications. The City may modify this greement with respect to the arrangement, character, alignment, grade or size of the work or appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. Builder shall accept such modifications when ordered in writing by the City dministrator or his designee. ny such modifications shall not subject Builder to increased expense without equitable compensation, which compensation may be approved by the City pursuant to its Purchasing Policy. If any modification results in a decrease in the cost of work involved, an equitable deduction from the contract price shall be made. These deductions shall be determined by the City dministrator or his designee. The determination of any such additional compensation or deduction shall be based on the bids submitted and accepted. No modifications in the work shown on the plans and described in the specifications shall be made, unless the nature and extent of the modifications has first been certified by the City in writing and sent to Builder. 18. ttorneys' Fees; Survival; Costs of Collection. Should this greement become the subject of legal action to resolve a claim of default in performance by any party, including the collection of past due amounts, the non-prevailing party shall pay the prevailing party s reasonable attorneys fees, expenses, and court costs. ll rights concerning remedies and/or attorneys fees shall survive any termination of this greement. 19. Governing Law. The laws of the State of Colorado shall govern the validity, 6

53 Page 53 of 178 performance, and enforcement of this greement. 20. ssignment. This greement may not be assigned without the prior written consent of the non-assigning party. 21. mendment. This greement shall not be amended, except by subsequent written agreement of the parties. 22. Entire greement. This greement, along with any addendums and attachments hereto, constitutes the entire agreement between the parties. The provisions of this greement may be amended at any time by the mutual consent of both parties. The parties shall not be bound by any other agreements, either written or oral, except as set forth in this greement. 23. Captions. The captions in this greement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this greement or any part thereof. 24. Binding Effect. This greement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 25. Invalid Provision. If any provisions of this greement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this greement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 26. Notices. Written notices required under this greement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested: If to the City: If to Contractor: Dara MacDonald, City dministrator 448 E. 1 st Street Suite 112 Salida, CO Y&K Excavating, Inc. 309 Blake Street Salida, CO

54 Page 54 of uthority. Each person signing this greement represents and warrants that he is fully authorized to enter into and execute this greement, and to bind the party it represents to the terms and conditions hereof. 28. Counterparts. This greement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. WHEREFORE, the parties hereto have executed duplicate originals of this Construction greement on the day and year first written above. [BUILDER]: By Name Don Kaess Sr. Title President CITY OF SLID, COLORDO: By Dara MacDonald, City dministrator TTEST: City Clerk/Deputy City Clerk 8

55 Page 55 of 178 DDENDUM TO Y&K EXCVTING INC. /CITY OF SLID 2015 PONCH SEWER MNHOLES PROJECT CONSTRUCTION GREEMENT This ddendum is by and between the City of Salida (the City ) and Y&K EXCVTING INC. ( CONTRCTOR ). If there is a conflict between this ddendum and the underlying CONSTRUCTION greement (the greement ), this ddendum shall control. 1. Status. Y&K EXCVTING INC. is an independent contractor and none of its employees or agents shall be considered an employee or agent of the City for any purpose. 2. Insurance and Governmental Immunity ct. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the other parties would otherwise be entitled under C.R.S , et seq. as amended. Y&K EXCVTING INC. shall provide proof of general liability insurance to the City upon execution of this greement. The City may require increased coverage based on particular project requirements. 3. Work By Illegal liens Prohibited. Pursuant to Section , C.R.S., et. seq., Y&K EXCVTING INC. Warrants, represents, acknowledges, and agrees that:. Y&K EXCVTING INC. does not knowingly employ or contract with an illegal alien. B. Y&K EXCVTING INC. does not knowingly employ or contract with an illegal alien to perform work or enter into a contract with a subcontractor that fails to verify to Y&K EXCVTING INC. that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this greement. C. Y&K EXCVTING INC. has participated in or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104 th Congress, as amended, and expanded in Public Law 156, 108 th Congress, as amended, administered by the Department of Homeland Security (hereinafter, E-Verify ) in order to verify that Y&K EXCVTING INC. does not employ illegal aliens. If Y&K EXCVTING INC. is not accepted into E-Verify prior to entering into this greement, Y&K EXCVTING INC. shall forthwith apply to participate in E-Verify and shall submit to the City written verification of such application within five (5) days of the date of this greement. Y&K EXCVTING INC. shall continue to apply to participate in E-Verify, and shall certify such application to the City in writing, every three (3) months until Y&K EXCVTING INC. is accepted or this greement is completed, whichever occurs first. This Paragraph shall be null and void if E-Verify is discontinued. D. Y&K EXCVTING INC. shall not use E-Verify procedures to undertake pre-employment screening of job applicants while this greement is being performed. E. If Y&K EXCVTING INC. obtains actual knowledge that a subcontractor performing work 1

56 Page 56 of 178 under this greement knowingly employs or contracts with an illegal alien, Y&K EXCVTING INC. shall be required to: (a) (b) (b) notify the subcontractor and the City within three (3) days that Y&K EXCVTING INC. has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and notify the subcontractor and the City within three (3) days that Y&K EXCVTING INC. has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Y&K EXCVTING INC. shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Y&K EXCVTING INC. shall comply with any reasonable request by the Colorado Department of Labor and Employment ( Department ) made in the course of an investigation that the Department is undertaking pursuant to the authority established in subsection (5), C.R.S. G. If Y&K EXCVTING INC. violates this Paragraph, the City may terminate this greement for breach of contract. If this greement is so terminated, Y&K EXCVTING INC. shall be liable for actual and consequential damages to the City arising out of said violation. CITY OF SLID, COLORDO By:, City dministrator TTEST: City Clerk/Deputy City Clerk Y&K EXCVTING, INC. By: Name: DON KESS, SR. Title: PRESIDENT 2

57 Exhibit May 19, 2015 City Council Packet Page 57 of 178 Notice of ward Dated May 19, 2015 Owner: City of Salida Name of Project / Contract: Owner s Project Manager: Kevin Nelson 2015 Poncha Sewer Manhole Project Contractor: Y & K Excavation, Inc. Contractor s ddress: (send Certified Mail, Return Receipt Requested) 309 Blake Street Salida, CO Owner's Resolution No.: Engineer: N You are notified that your Bid dated May 8, 2015 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the 2015 Poncha Sewer Manhole Project contingent upon delivery of all conditions outlined in the greement or herein. See the Bid Documents for details of the scope of work. The Contract Price of your Contract is $22, (Twenty Two Thousand Dollars and no cents) Three (3) of each of the proposed Contract Documents (except Drawings) accompany this Notice of ward. You must comply with the following conditions precedent within five (5) days of the date you receive this Notice of ward. 1. Deliver to the Owner two (2) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (rticle 20), [and] General Conditions (Paragraph 5.01) [and Supplementary Conditions (Paragraph SC-5.01).] Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of ward and declare your Bid security forfeited. Within two days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Salida Owner By: uthorized Signature Dara MacDonald, City dministrator

58 Page 58 of 178 CITY COUNCIL GEND ITEM MEETING DTE: May 19, 2015 GEND ITEM TITLE: PRESENTED BY: GEND SECTION: REQUEST: 2015 quatic Center Sewer Line Project Bob Salmi, Public Works Director Consent genda To ward a contract to Diesslin Structures, Inc., for the 2015 quatic Center Sewer Line Project BCKGROUND REVIEW: Public Works through use of contractors is preparing for a necessary upgrade to a severely dysfunctional sewer line at the quatic Center. While it is not a part of the Locker Room Project, it caught the attention of the Public Works Department as a much needed capital improvement project. We received 4 bids total for this project; the winning bidder was Diesslin Structures, Inc. The bid from Diesslin Structures, Inc., 627 Oak Street Salida, CO is for $10, Diesslin Structures, Inc. $10, % Local $ $9, Low Bid Pridemore Construction $22, Y&K Excavation, Inc. $12, valanche Excavation $10, % Local $ $10, Staff is recommending that the Council award the job at the bid prices for up to $10, worth of the work. RECOMMENDTION: Council person should make a motion to approve Resolution for $10, for the award of an agreement of the 2015 quatic Center Sewer Line Project and authorizing the City dministrator to enter into a construction services agreement between the City and Diesslin Structures, Inc. Followed by a second and then a voice vote.

59 Page 59 of 178 CITY OF SLID, COLORDO RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, PPROVING THE WRD OF N GREEMENT FOR THE 2015 QUTIC CENTER SEWER LINE PROJECT ND UTHORIZING THE CITY DMINISTRTOR TO ENTER INTO CONSTRUCTION SERVICES GREEMENT BETWEEN THE CITY ND DIESSLIN STRUCTURES, INC. WHERES, the City Council of the City of Salida, Colorado (the City ) has agreed to enter into a contract with DIESSLIN STRUCTURES, INC..; and WHERES, the City agrees to pay DIESSLIN STRUCTURES, INC.; the sum of $10, for the 2015 QUTIC CETNER SEWER LINE PROJECT subject to the terms and conditions of the Construction Services greement to be executed by the parties. NOW THEREFORE, BE IT ORDINED BY THE CITY COUNCIL OF THE CITY OF SLID COLORDO, THT: 1. The Salida City Council incorporates the foregoing recitals as its conclusions, facts, determinations, and findings. 2. The Construction Services greement with DIESSLIN STRUCTURES, INC. For the 2015 QUTIC CENTER SEWER LINE PROJECT is hereby approved, and the City dministrator is authorized to sign the contract on behalf of the City. RESOLVED, PPROVED, ND DOPTED this 19th day May, CITY OF SLID, COLORDO By Mayor [SEL] TTEST: City Clerk/Deputy City Clerk

60 Page 60 of 178

61 Page 61 of 178 CONSTRUCTION GREEMENT THIS CONSTRUCTION GREEMENT is made this 19th day May, 2015, by and between Diesslin Structures, Inc. (hereinafter referred to as Builder ), and the City of Salida, Colorado, a Colorado municipal corporation (hereinafter the City ). WITNESSETH: WHERES, the City desires that Builder perform the duties of general contractor for the construction of certain improvements, namely the 2015 quatic Center Sewer Line Project (hereinafter the Project ); and WHERES, Builder desires to perform such duties pursuant to the terms and conditions provided for in this greement; and WHERES, the parties hereto desire to set forth certain understandings regarding the Project in writing. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Statement of Work. Builder agrees to manage and supervise the construction of the 2015 quatic Center Sewer Line Project located in the City of Salida, Chaffee County, Colorado, as directed by the City and pursuant to the City of Salida Public Works Manual and according to the plans and specifications approved by the City. Builder shall (a) furnish all tools, equipment, supplies, superintendence, transportation and other construction accessories, services and facilities; (b) furnish all materials, supplies, and equipment specified to be incorporated into and form a permanent part of the complete work; (c) provide and perform all necessary labor in a substantial and skillful manner and in accordance with the provisions of this greement; and (d) execute, construct and complete all work included in and covered by this greement. 2. Time of Commencement and Completion. Construction under this greement will begin no later than June 8, 2015 and shall be completed by June 17, 2015 ( Completion Date ). The Completion Date may, at the City s sole discretion, be extended if approved by the City in writing, but in no event may the Completion Date extend beyond June 19 th If, due to misconduct or neglect, Builder fails to complete the Project on or before the Completion Date, the City may deduct liquidated damages in the amount of $ from the contract price per day for each day Builder works beyond this date. It is understood by Builder and the City that actual damages caused by Builder s failure to complete this greement on time are impracticable or extremely difficult to fix, and that the per diem deduction from the contract price will be retained by the City as payment by Builder of liquidated damages, and not as a penalty. 1

62 Page 62 of Compensation. City shall pay and Builder shall receive the contract price of $10, as stipulated in the Notice of ward, attached to this contract as Exhibit and incorporated herein by this reference, as FULL compensation for everything furnished and done by Builder under this greement, including all loss or damage arising out of the work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of the work, including increased prices for or shortages of materials for any reason, including natural disasters; for all risks of every description associated with the work; for all expenses incurred due to the suspension or discontinuation of the work; and for well and faithfully completing the work as provided in this greement. 4. N/ Draw Requests. Builder agrees to perform all work on the Project according to the schedules set forth in the approved Bid Proposal attached hereto as Exhibit B and incorporated herein by this reference. Builder shall submit weekly progress reports to the Public Works Director or his designee showing actual costs incurred and work completed. Builder shall the Project, if the time for the work exceeds one month. Upon review and approval of the progress reports and draw request(s) by the Public Works Director or his designee, the City agrees to pay Builder the amounts shown on all draw requests, minus a ten percent (10%) retainage for any payments other than the final payment, no later than the fifteenth (15 th ) business day following the date the draw request was submitted. Invoice for complete project to be presented for payment Payments may be withheld if:. Work is found defective and not remedied; B. Builder fails to meet schedules shown on Exhibit B, as may be amended by the actual construction commencement date. C. Builder does not make prompt and proper payments to subcontractors; D. Builder does not make prompt and proper payments for labor, materials, or equipment furnished; E. nother contractor is damaged by an act for which Builder is responsible; F. Claims or liens are filed on the job; or G. In the opinion of the City, Builder s work is not progressing satisfactorily. The City shall disburse the total retainage and the final draw request submitted by Builder upon acceptance of the Project as described in Paragraph 12 below. 5. Liability for Damages. The City its officers, agents or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part of the work; for any loss or damage to any materials, building, equipment or other property that may be 2

63 Page 63 of 178 used or employed in the work, or placed on the worksite during the progress of the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of Builder or otherwise; or for any damage to any property occurring during or resulting from the work. Builder shall indemnify the City, its officers, agents and employees, against all such injuries, damages and compensation arising or resulting from causes other than the City s neglect, or that of its officers, agents or employees. 6. Inspection of Work and Materials.. The City dministrator or his designee may appoint and employ such persons as may be necessary to act as inspectors or agents for the purpose of supervising in the interests of the City materials furnished and work done as the work progresses. B. The City shall at all times have unrestricted access to all parts of the work and to other places where or in which the preparation of materials and other integral parts of the work are being carried on and conducted. C. Builder shall provide all facilities and assistance required or requested to carry out the work of supervision and inspection by the City, including soil and material tests. D. Inspection of the work by the above-mentioned authorities or their representatives shall in no manner be presumed to relieve in any degree the responsibility or obligations of Builder. E. No material of any kind shall be used in the work until it has been inspected and accepted by the City. ll rejected materials shall be immediately removed from the premises. ny materials or workmanship found at any time to be defective shall be replaced or remedied at once regardless of previous inspection. Inspection of materials shall be promptly made, and, where practicable, at the source of supply. F. Whenever the specifications, the instructions of the City or the laws, ordinances or regulations of any public authority require work to be specially tested or approved, Builder shall give the City timely notice of its readiness for inspection, and if the inspection is by another authority, of the date fixed for the inspection. 7. Insurance. Builder shall not commence work under this greement until Builder has obtained all insurance required under this section and the insurance has been approved by the City dministrator or his designee. Similarly, Builder shall not allow any approved subcontractor to commence work on his or her subcontract until all similar insurance required of subcontractor has been so obtained and approved. The following insurance shall be required: 3

64 Page 64 of 178. Commercial General Liability Insurance: t a minimum, combined single limits of $1,000,000 per occurrence and $1,000,000 for general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors, and contractual liability each at $1,000,000 per occurrence. B. Workers Compensation and Employer s Liability: Workers' compensation insurance for all of Builder's employees engaged in work at the site of the project including occupational disease coverage in accordance with scope and limits as required by the State of Colorado. C. Comprehensive utomobile Liability Insurance: Including coverage for all owned, non-owned, and rented vehicles with $1,000,000 combined single limit for each occurrence. The City of Salida shall be named as an additional insured. ll insurance policies must be written in a manner consistent with the requirements of the Standard Form greement. Certificates of insurance shall be issued prior to execution of the Notice to Proceed. 8. Performance Bond. To secure performance of Builder s obligations under this greement, the Builder shall provide the City with a Performance Bond in the amount of the full contract price, or $. The Builder shall provide the form of the Performance Bond to the City for its review and approval. The City shall be authorized to draw upon the Performance Bond to correct any default by Builder under this greement, which default shall determined and substantiated by an ffidavit of Default signed by the City dministrator. The Performance Bond shall be held by the City through the one year warranty period specified in Paragraph 13 below. 9. Payment of Labor and Materials Bond. To secure performance of Builder s obligations under this greement to its subcontractors and suppliers, Builder shall provide the City with a Payment of Labor and Materials Bond in the amount of the full contract price, or $. fter the execution of this agreement and prior to the notice to proceed, the Builder shall provide the form of the Payment of Labor and Materials Bond to the City for its review and approval. The City shall be authorized to draw upon the Payment of Labor and Materials Bond to correct any default by Builder under this greement, which default shall be determined and substantiated by an ffidavit of Default signed by the City dministrator. 10. Notice to Proceed. Notice to Proceed shall be issued within ten (10) calendar days of the execution of this greement by all parties. If the City fails to issue such Notice to Proceed within that time limit, Builder may terminate the greement without further liability on the part of either party. Such notice of termination must be tendered in writing to the City. dditionally, the parties may mutually agree that the time for the Notice to Proceed may be extended. 4

65 Page 65 of Compliance with Laws. Builder and every subcontractor or person doing or contracting to do any work contemplated by this contract shall keep himself or herself fully informed of all national and state laws and all municipal ordinances and regulations in any manner affecting the work or performance of his or her contract or any extra work, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not the laws, ordinances or regulations are mentioned in this contract, and shall indemnify the City, its officers, agents and employees, against any claim or liability arising from or based on the violation of any such laws, ordinances or regulations. 12. Certificates and Permits. Builder shall secure at Builder's own expense all necessary certificates, licenses and permits from municipal or other public authorities required in connection with the work contemplated by this greement or any part of this greement, and shall give all notices required by law, ordinance or regulation. Builder shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this greement, and any extra work performed by Builder. 13. Termination. The City may, at its sole discretion, terminate this greement without liability in the event that Builder fails to provide the Performance Bond and/or Payment of Labor and Materials Bond, Certificates of Insurance required by Paragraph 7, or otherwise fails to meet the conditions precedent to issuance of the Notice to Proceed set forth in Paragraph 10 above. The City may also, at its sole discretion, on one week s notice to Builder, terminate this greement without liability before the completion date, and without prejudice to any other remedy the City may have, when Builder defaults in the performance of any provision, or fails to carry out the construction of the Project in accordance with the provisions of this greement. 14. Substantial Completion / cceptance. The date of substantial completion of the Project shall be a date mutually agreed upon by the City and Builder. In the event that the City and Builder do not reach an agreement as to the date of substantial completion, the Salida City Council shall determine such date. Upon the date of substantial completion, Builder shall certify in writing that substantially all improvements described in the Statement of Work have been completed in conformance with the plans and specifications and submit to the City a completed substantial completion list utilizing the Substantial Completion Form approved by the City. Thereafter, and within thirty (30) business days after a request for final inspection by Builder, the City shall inspect the Project and notify Builder in writing and with specificity of their conformity or lack thereof to the plans and specifications. Builder shall make all corrections necessary to bring the Project into conformity with the plans and specifications. Once any and all corrections are completed, the City shall complete a Project cceptance Form and promptly notify Builder in writing that the Project is in conformance with the approved plans and specifications, and the date of such notification shall be known as the cceptance Date. The cceptance Date shall coincide with the commencement of the one year warranty period described in Paragraph 15 below. Within thirty (30) days of the cceptance Date, the City shall pay Builder the amount shown on the final draw request; provided, however, that the amount of funds left from the contract price specified in the Notice of ward are sufficient to cover this 5

66 Page 66 of 178 amount. 15. Warranty. Builder shall warrant any and all improvements constituting the Project constructed for the City pursuant to this Construction greement for a period of twelve (12) months from the cceptance Date as set forth in Paragraph 14 herein. Specifically, but not by way of limitation, Builder shall warrant that:. ny and all improvements constituting the Project shall be free from any security interest or other lien or encumbrance; and B. ny and all structures so conveyed shall be free of any defects in materials or workmanship for a period of one (1) year, as stated above. 16. Corrections to Project. If, within one (1) year after the date of substantial completion, any of Builder s work on the Project is found to be not in accordance with the standards set forth in the preceding Paragraph 15, Builder shall, at Builder s expense, correct it promptly after receipt of a written notice from the City to do so unless the City has previously accepted such condition. Such notice shall be either delivered personally or by overnight express courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and must be received by Builder as soon as practicable after the City discovers the defect or the loss or damage caused by such defect, but in no event later than the date that the warranty given hereby expires. 17. Modifications. The City may modify this greement with respect to the arrangement, character, alignment, grade or size of the work or appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. Builder shall accept such modifications when ordered in writing by the City dministrator or his designee. ny such modifications shall not subject Builder to increased expense without equitable compensation, which compensation may be approved by the City pursuant to its Purchasing Policy. If any modification results in a decrease in the cost of work involved, an equitable deduction from the contract price shall be made. These deductions shall be determined by the City dministrator or his designee. The determination of any such additional compensation or deduction shall be based on the bids submitted and accepted. No modifications in the work shown on the plans and described in the specifications shall be made, unless the nature and extent of the modifications has first been certified by the City in writing and sent to Builder. 18. ttorneys' Fees; Survival; Costs of Collection. Should this greement become the subject of legal action to resolve a claim of default in performance by any party, including the collection of past due amounts, the non-prevailing party shall pay the prevailing party s reasonable attorneys fees, expenses, and court costs. ll rights concerning remedies and/or attorneys fees shall survive any termination of this greement. 19. Governing Law. The laws of the State of Colorado shall govern the validity, 6

67 Page 67 of 178 performance, and enforcement of this greement. 20. ssignment. This greement may not be assigned without the prior written consent of the non-assigning party. 21. mendment. This greement shall not be amended, except by subsequent written agreement of the parties. 22. Entire greement. This greement, along with any addendums and attachments hereto, constitutes the entire agreement between the parties. The provisions of this greement may be amended at any time by the mutual consent of both parties. The parties shall not be bound by any other agreements, either written or oral, except as set forth in this greement. 23. Captions. The captions in this greement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this greement or any part thereof. 24. Binding Effect. This greement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 25. Invalid Provision. If any provisions of this greement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this greement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 26. Notices. Written notices required under this greement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested: If to the City: If to Contractor: Dara MacDonald, City dministrator 448 E. 1 st Street Suite 112 Salida, CO Diesslin Structures, Inc 627 Oak Street Salida, CO

68 Page 68 of uthority. Each person signing this greement represents and warrants that he is fully authorized to enter into and execute this greement, and to bind the party it represents to the terms and conditions hereof. 28. Counterparts. This greement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. WHEREFORE, the parties hereto have executed duplicate originals of this Construction greement on the day and year first written above. Diesslin Structures, Inc: By Name Title CITY OF SLID, COLORDO: By Dara MacDonald, City dministrator TTEST: City Clerk/Deputy City Clerk 8

69 Page 69 of 178 DDENDUM TO DIESSLIN STRUCTURES, INC. /CITY OF SLID 2015 QUTIC CENTER SEWER LINE PROJECT CONSTRUCTION GREEMENT This ddendum is by and between the City of Salida (the City ) and DIESSLIN STRUCTURES, INC. ( CONTRCTOR ). If there is a conflict between this ddendum and the underlying CONSTRUCTION greement (the greement ), this ddendum shall control. 1. Status. DIESSLIN STRUCTURES, INC. is an independent contractor and none of its employees or agents shall be considered an employee or agent of the City for any purpose. 2. Insurance and Governmental Immunity ct. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the other parties would otherwise be entitled under C.R.S , et seq. as amended. DIESSLIN STRUCTURES, INC. shall provide proof of general liability insurance to the City upon execution of this greement. The City may require increased coverage based on particular project requirements. 3. Work By Illegal liens Prohibited. Pursuant to Section , C.R.S., et. seq. DIESSLIN STRUCTURES, INC. Warrants, represents, acknowledges, and agrees that:. DIESSLIN STRUCTURES, INC. does not knowingly employ or contract with an illegal alien. B. DIESSLIN STRUCTURES, INC. does not knowingly employ or contract with an illegal alien to perform work or enter into a contract with a subcontractor that fails to verify to DIESSLIN STRUCTURES, INC. that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this greement. C. DIESSLIN STRUCTURES, INC. has participated in or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104 th Congress, as amended, and expanded in Public Law 156, 108 th Congress, as amended, administered by the Department of Homeland Security (hereinafter, E-Verify ) in order to verify that DIESSLIN STRUCTURES, INC.. does not employ illegal aliens. If DIESSLIN STRUCTURES, INC. is not accepted into E-Verify prior to entering into this greement, DIESSLIN STRUCTURES, INC.. shall forthwith apply to participate in E-Verify and shall submit to the City written verification of such application within five (5) days of the date of this greement. DIESSLIN STRUCTURES, INC. shall continue to apply to participate in E-Verify, and shall certify such application to the City in writing, every three (3) months until DIESSLIN STRUCTURES, INC. is accepted or this greement is completed, whichever occurs first. This Paragraph shall be null and void if E-Verify is discontinued. D. DIESSLIN STRUCTURES, INC. shall not use E-Verify procedures to undertake preemployment screening of job applicants while this greement is being performed. 1

70 Page 70 of 178 E. If DIESSLIN STRUCTURES, INC. obtains actual knowledge that a subcontractor performing work under this greement knowingly employs or contracts with an illegal alien, DIESSLIN STRUCTURES, INC. shall be required to: (a) (b) (b) notify the subcontractor and the City within three (3) days that DIESSLIN STRUCTURES, INC.. has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and notify the subcontractor and the City within three (3) days that DIESSLIN STRUCTURES, INC.. has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that DIESSLIN STRUCTURES, INC.. shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. DIESSLIN STRUCTURES, INC. shall comply with any reasonable request by the Colorado Department of Labor and Employment ( Department ) made in the course of an investigation that the Department is undertaking pursuant to the authority established in subsection (5), C.R.S. G. If DIESSLIN STRUCTURES, INC. violates this Paragraph, the City may terminate this greement for breach of contract. If this greement is so terminated, DIESSLIN STRUCTURES, INC. shall be liable for actual and consequential damages to the City arising out of said violation. CITY OF SLID, COLORDO By: Dara MacDonald, City dministrator TTEST: City Clerk/Deputy City Clerk DIESSLIN STRUCTURES, INC By: Name: Title: 2

71 Exhibit May 19, 2015 City Council Packet Page 71 of 178 Notice of ward Dated May 19, 2015 Owner: City of Salida Name of Project / Contract: Owner s Project Manager: Kevin Nelson 2015 QUTIC CENTER SEWER LINE Project Contractor: DEISSLIN STRUCTURES, INC. Contractor s ddress: (send Certified Mail, Return Receipt Requested) 627 OK STREET Salida, CO Owner's Resolution No.: Engineer: N You are notified that your Bid dated May 14, 2015 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the 2015 QUTIC CENTER SEWER LINE Project contingent upon delivery of all conditions outlined in the greement or herein. See the Bid Documents for details of the scope of work. The Contract Price of your Contract is $10, (Ten Thousand Two Hundred Fifty Eight Dollars and no cents) Three (3) of each of the proposed Contract Documents (except Drawings) accompany this Notice of ward. You must comply with the following conditions precedent within five (5) days of the date you receive this Notice of ward. 1. Deliver to the Owner two (2) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (rticle 20), [and] General Conditions (Paragraph 5.01) [and Supplementary Conditions (Paragraph SC-5.01).] Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of ward and declare your Bid security forfeited. Within two days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Salida Owner By: uthorized Signature Dara MacDonald, City dministrator

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74 Page 74 of 178 CITY COUNCIL GEND ITEM MEETING DTE: May 19, 2015 GEND ITEM TITLE: PRESENTED BY: Ordinance River Lofts of Salida Easement greement, an ordinance of the City Council for the City of Salida, Colorado entering into an easement agreement with the River Lofts of Salida, LLC. Dan Osborn, Community Development Director REQUEST: The request is to approve an easement agreement between the City of Salida and River Lofts of Salida, LLC. PPLICNT: The applicants are Dan Thomas and Tom Pokorny, P.O. Box 745, Salida, CO BCKGROUND REVIEW: The subject property is located 130 West Sackett adjacent to the Coors boat ramp.

75 Page 75 of 178 River Lofts of Salida, LLC, the developer of property located at 130 West Sackett, is requesting easements on City owned right-of-way to accommodate architectural projections and underground footings in addition to landscape and drainage improvements (Exhibits B & C). The City of Salida owns the adjacent right-of-way on three sides of the development as well as the Coors boat ramp and associated parking lot. In consideration for the encroachment and easements, the applicant proposes expanding and improving the parking lot on the Coors boat ramp at their cost (Exhibit D). The proposed improvements to the landscaping and Coors boat ramp parking lot will benefit both the proposed development as well as enhance the look and functionality of a high traffic public space. The improvements include: sidewalk on the east side of the Coor Boat Ramp connecting the sidewalk on Sackett to the bike/pedestrian path along the river. Curb and gutter adjacent to the sidewalk. Concrete planter boxes/curbs to soften the parking lot edge. Construction of a boulder retaining wall along the drainage ditch adjacent to the Steamplant to allow for expanding the parking lot. Pave the areas of the expanding parking lot. Staff presented the proposed easements and enhancements to the Planning Commission at their pril 14, 2015 meeting. The Planning Commission unanimously supported the proposal and made a recommendation to Council that the improvements are a clear public benefit to the City of Salida. Specifically, the Planning Commission made following findings of fact: 1. The City owns certain real property known as the Coors Boat Ramp and adjacent right-ofway. 2. The proposed improvements will enhance the aesthetics and functionality of a high traffic public space at no cost to the City of Salida. 3. The proposed improvements to the Coors Boat Ramp parking lot and adjacent right-of-way in consideration for use of City property demonstrates a clear public benefit to the City of Salida. CTION: Council person should make a motion to approve Ordinance , an ordinance of the City Council of the City of Salida, Colorado, entering into an easement agreement with the River Lofts of Salida, LLC., ordering the ordinance published by title only. Followed by a second and then roll call vote

76 Page 76 of 178 CITY OF SLID, COLORDO ORDINNCE NO. 8 (Series of 2015) N ORDINNCE OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, PPROVING N ESEMENT GREEMENT WITH RIVER LOFTS OF SLID, LLC WHERES, a request for an easement agreement has been filed by River Lofts of Salida LLC ( River Lofts ) with the City of Salida (the City ) to allow architectural projections to encroach on the Coors Boat Ramp ( Boat Ramp ), for underground footings to encroach on City right-of-way under the Sackett ve. sidewalk, under the City s alley to the east and under landscape planters adjacent to the Boat Ramp and for a drainage easement and to make landscape improvements on City property as part of development of its property; and WHERES, the Salida Planning Commission considered the request at its pril 14, 2015 meeting and recommended the City enter into an Easement greement with River Lofts; and WHERES, the Salida City Council considered the request at the pril 21, 2015 Council meeting and held a public hearing on May 5, 2015; and WHERES, the City wishes to convey and River Lofts wishes to receive an easement for underground footings and architectural projections; and WHERES, the City wishes to convey, and River Lofts wishes to receive a landscape easement to allow for the construction at River Lofts costs a concrete planter and sidewalk bordering the Boat Ramp softening the aesthetics of the existing wall along the property line and for the maintenance thereof by River Lofts; and WHERES, the City wishes to convey, and River Lofts wishes to receive a drainage easement to allow the overflow of the proposed detention system for the Development to drain into the ditch on City property instead of onto the Boat Ramp. NOW, THEREFORE, BE IT ORDINED BY THE CITY COUNCIL FOR THE CITY OF SLID, COLORDO: 1. Incorporation of Recitals. The aforementioned recitals are hereby fully incorporated herein. 2. pproval of Easement greement. City Council hereby approves the Easement greement, attached as Exhibit hereto, by and between the City and River Lofts for the benefit of the City and for the benefit of the River Lofts Property. INTRODUCED ON FIRST REDING, DOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation by the City Council on this 21st day of pril, 2015.

77 Page 77 of 178 INTRODUCED ON SECOND REDING at a regular meeting of the Salida City Council, PSSED, DOPTED ND ORDERED PUBLISHED BY TITLE ONLY this day of, CITY OF SLID Mayor Jim Dickson TTEST: Clerk/Deputy Clerk PUBLISHED IN FULL in the Mountain Mail after First Reading on the day of 2015, and BY TITLE ONLY, after final adoption on the day of City Clerk/Deputy City Clerk

78 Page 78 of 178 ESEMENT GREEMENT THIS GREEMENT made this 19th day of May, 2015, by and between THE CITY OF SLID, a Colorado municipal corporation, whose principal address is 448 East First Street, Suite 112, Salida, Colorado 8120 (hereinafter City ), and RIVER LOFTS OF SLID, LLC, whose address is P.O. Box 745, Salida, Colorado (together hereinafter River Lofts ). RECITLS WHERES, River Lofts claims to be the owner in fee simple of certain real property at 130 West Sackett venue, in the City of Salida, Colorado, which is more particularly described on Exhibit (the Property ); and WHERES, the River Lofts intends to build a mixed use development (hereinafter Development ) on the Property; and WHERES, the City owns certain real property known as the Coors Boat Ramp (hereinafter Boat Ramp ) and the easements and rights-of-way associated with this property, as well as a right-of-ways adjacent to the Property related to an alley and sidewalk; and WHERES, the City and River Lofts wishes to enter into an easement agreement to allow architectural projections to encroach on the Boat Ramp, and for underground footings to encroach on City right-of-way under the Sackett ve. sidewalk, under the City s alley to the east and under landscape planters adjacent to the Boat Ramp; and WHERES, the City wishes to convey, and River Lofts wishes to receive a landscape easement to allow for the construction at River Lofts costs a concrete planter and sidewalk bordering the Boat Ramp softening the aesthetics of the existing wall along the property line, and for the planter to be maintained by the River Lofts of Salida HO, Inc.. once the entity is organized; and WHERES, the City wishes to convey, and River Lofts wishes to receive a drainage easement to allow the overflow of the proposed detention system for the Development to drain into the ditch instead of the boat ramp. WHERES, Salida and River Lofts wish to memorialize their relationship as to the improvements and easements regarding the Boat Ramp property and the Development. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement for Footers and rchitectural Projections. The City grants to River Lofts an easement to encroach by allowing architectural projections to extend beyond property line adjacent to the Boat Ramp property, as shown on Exhibit B, and for footings for the Development to encroach under the City s right-of-way no more than one (1) foot, pursuant to the terms and conditions of this greement.

79 Page 79 of Grant of Landscape Easement: a. City hereby grants River Lofts a landscape easement to allow for the construction of a concrete planter of varying heights adjacent to the Boat Ramp parking area, more specifically described in Exhibit C. b. River Lofts and River Lofts of Salida HO, Inc., as a successor in interest shall maintain in perpetuity the Boat Ramp parking lot planter and sidewalk. 3. Grant of Drainage Easement. The City hereby grants a drainage easement to allow the overflow of the proposed detention system for the Development to drain into the existing ditch adjacent to the Boat Ramp instead of on the Boat Ramp, more specifically described on Exhibit C. 4. Term and Purpose of Easements. The easements on the Boat Ramp property shall be for the purposes of granting to the River Lofts a non-exclusive easement for beautification of the Boat Ramp area with planters, maintenance of the planters, construction of a public sidewalk adjacent to the Boat Ramp, construction of subsurface footers and for architectural projections. In the event that River Lofts fails to maintain the easements as described herein the City, at its sole discretion may terminate any or all of the easements granted herein. 5. Insurance and Indemnification for the Landscape and Drainage Easements. River Lofts and its successors including but not limited to River Lofts of Salida HO, Inc. agree to obtain liability insurance in an amount satisfactory to the City and to name the City as an additional insured on River Lofts insurance policy for the landscape and drainage easements. River Lofts agrees to indemnify, defend, and hold harmless the City and its officers, officials, agents, and employees against loss or expense by reason of any claim or suit for damages because of personal bodily injury or property damage arising from River Loft s, its guests, invitees, agents and employees use of the landscape and drainage easements described herein. Nothing in the grant of easement by the City shall be construed as a waiver of the Colorado Governmental Immunity ct, C.R.S , et seq., as may be amended 6. Terms and Conditions Regarding the Construction of the Development. a. ll construction work affecting the Boat Ramp shall be coordinated with the City and completed so as to limit interference with the ingress or egress of Boat Ramp users. b. Prior to undertaking construction, the City and River Lofts shall confer on a proposed starting date and a proposed completion date. River Lofts shall notify the City at least ten (10) days preceding the date of commencing work involved in the construction of planters and drainage system. The City shall be entitled to inspect the planters and drainage system during the construction thereof. c. River Lofts shall use their best efforts to complete the construction work within the estimated time period. River Lofts agrees that the construction required for the planters and drainage system shall proceed with reasonable diligence from the initiation of such construction to its completion.

80 Page 80 of 178 d. River Lofts shall complete all the improvements to the City facilities detailed on the plan sheet attached as Exhibit D. In the event the improvements are not completed within five (5) years of mutual execution of this greement the easements granted herein may be terminated by the City and the City shall have the right to pursue such other remedies as are provided for herein or are otherwise available to it. The City at its discretion may extend the period to complete the improvements but in no case shall a certificate of occupancy be granted until all improvements are complete. e. Within thirty (30) days after completion of the construction of the planters and drainage system, River Lofts shall provide the City with as-built construction drawings. f. Once the development is completed, expenses for the repair and maintenance of the planters shall be the responsibility of the River Lofts and/or its Successors in interest. g. River Lofts warrants that it has obtained, or will obtain, prior to commencement of any work for the planters, drainage system, footings and architectural projections, all necessary permits for the work permitted under this greement. h. River Lofts agrees to indemnify and hold the City harmless from any and all losses, claims, suits, rights, causes of action, damage, liability or expense, including, without limitation, attorney fees and court costs, arising from or in connection with construction of the planters, drainage system, and footings for the Development. i. River Lofts shall bear all costs for the construction and repair of the planters, drainage system and other development actions under this greement. 7. No Interest in and Rights Related to the Boat Ramp Conveyed or Waived. The Parties expressly agree that the City retains all right, title, and interest in the Boat Ramp property and associated easements and rights of way. Nothing contained in this greement shall be construed to grant River Lofts any property interest in the Boat Ramp and associated easements and rights of way beyond that specifically granted herein. Nothing contained in this greement shall be construed as an abandonment, disclaimer, or waiver by the City of their rights associated with the Boat Ramp and associated easements and rights of way. 8. Time is of the Essence. Time is of the essence with respect to each and every aspect of this greement, and strict compliance with all time requirements is at the heart of this greement and shall be strictly enforced. 9. Breach and Default. In the event of a breach of this greement, the nonbreaching Party shall provide notice to the breaching Party of the breach of this greement and the breaching Party shall have thirty (30) days from the date of the notice to cure the breach, or if such breach cannot be cured within such thirty (30) day period, within such longer period of time as may be reasonably required. In the event the breaching Party does not cure the breach within such period, the non-breaching Party shall have the right, but not the obligation, to take such action as may be required to rectify the breach and bill the breaching Party for the cost of such action. In the event the non-breaching Party takes action to rectify the breach, the breaching

81 Page 81 of 178 Party shall pay the costs described in this paragraph within thirty (30) days of the date when such costs are billed to the breaching party. If the breaching Party does not pay the costs and the nonbreaching Party is required to institute legal proceedings to obtain the payment, the breaching party shall pay all costs of collection, including, but not limited to, attorney fees associated with the collection. The waiver by any party to this greement of a breach of any term or provision of this greement shall not operate or be construed as a waiver of any subsequent breach by any party. 10. Remedies. If any Party breaches this greement, the breaching Party shall pay all of the non-breaching Party s reasonable attorney fees and other costs in enforcing this greement whether or not legal proceedings are instituted. In addition to any remedies at law or in equity, the remedy of specific performance shall be available to the Parties. 11. Notices. ny notices or other documents required by this greement shall be sent to the following addresses, or such other addresses as the Parties may indicate in writing, by postage prepaid, certified mail: City of Salida 124 E Street P.O. Box 417 Salida, CO River Lofts of Salida, LLC P.O. Box 745 Salida, Colorado Notices shall be deemed to have been delivered upon receipt by the other Party, unless the notice is returned and no forwarding address is provided to the other Party, and then notice shall be deemed to have occurred upon mailing. Each Party may change its address or contact information for notices under this greement upon written notice to the other Party in accordance with this Section. 12. uthority. The parties represent and warrant that they have full right and lawful authority to enter into this greement and that no consent or approval of any mortgagee or other entity is required. 13. Counterparts. This greement may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one instrument. 14. Successors and ssigns. This greement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns. 15. Recording. This greement shall be recorded with the Chaffee County Clerk and Recorder regarding the subject Property. The Parties acknowledge and agree that reduced size copies of the exhibits may be attached to the original of this greement that is recorded at the office of the Chaffee County Clerk and Recorder, and that such reduced size copies shall not be considered a modification of this greement

82 Page 82 of Captions. The captions of the paragraphs of this greement are for convenience only and shall not govern or influence the interpretation of the greement. 17. Computation of Time. In computing any period of time under this greement, the day of the act, event, or default from which the designated period of time begins to run shall not be included. Unless expressly indicated otherwise, all days shall be calendar days, which means consecutive days including all holidays, Saturdays, and Sundays. Business days excludes federal holidays, Saturdays, and Sundays. If a deadline under this greement falls on a federal holiday, Saturday, or Sunday, the deadline shall be the next business day. 18. Colorado Law. This greement shall be governed by the laws of the State of Colorado, insofar as any matter is not regulated by applicable laws of the United States. 19. Entire greement. The making, execution and delivery of this greement by the Parties has been induced by no representations, statements, warranties or agreements other than those expressed in this greement. This greement, including the exhibits hereto, embodies the entire understanding of the Parties as to the subject matter hereof and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to its subject matter unless expressly referred to in this greement. Modification of this greement by the Parties may be made only in writing signed by the Party or Parties to be bound by the modification. 20. Binding Effect. The Parties further agree that this greement will enhance the Subject Property, increase potential uses of the Subject Property, and increase the enjoyment of the Subject Property, and shall constitute a covenant appurtenant on the Subject Property to run with the land. 21. No Third-Party Beneficiaries. This greement is entered into between the Parties for the purposes set forth herein. It is the express intent of the Parties that they are the only beneficiaries of this greement and the Parties are only benefitted to the extent provided under the express terms and conditions of this greement. 22. Severability. The invalidity or unenforceability of any of the provisions of the greement shall not affect any other provision of this greement which shall thereafter be construed in all respects as if such invalid or unenforceable provision were omitted. 23. Effective Date. This greement shall be effective on the last date it is signed by the Parties. THE CITY OF SLID By: Name: Title:

83 Page 83 of 178 ttest: Deputy City Clerk {SEL} RIVER LOFTS OF SLID, LLC By: Name: Title: STTE OF COLORDO ) )ss. COUNTY OF ) Subscribed and sworn to before me this day of, 2015, by, as of River Lofts of Salida, LLC. WITNESS my hand and official seal. My Commission expires:. Notary Public

84 Exhibit May 19, 2015 City Council Packet Page 84 of 178

85 Exhibit B May 19, 2015 City Council Packet Page 85 of 178

86 Page 86 of 178 LEGL DESCRIPTION FOR Exhibit B TRCT OF LND LOCTED WITHIN THE SOUTHEST QURTER OF THE SOUTHEST QURTER OF SECTION 32, TOWNSHIP 50 NORTH, RNGE 9 EST OF THE NEW MEXICO PRINCIPL MERIDIN, CITY OF SLID, CHFFEE COUNTY, COLORDO, BEING MORE PRTICULRLY DESCRIBED S FOLLOWS: BEGINNING T THE INTERSECTION OF THE NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE ND THE NORTHWESTERLY LINE OF N LLEY, FROM WHENCE THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WY OF F STREET ND THE NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE BERS SOUTH EST, DISTNCE OF FEET; THENCE NORTH EST, LONG THE SOUTHESTERLY LINE OF THE PROPERTY DESCRIBED T RECEPTION NO ND THE NORTHWESTERLY LINE OF SID LLEY, DISTNCE OF FEET TO THE NORTHESTERLY BOUNDRY OF SID PROPERTY DESCRIBED T RECEPTION NO ND THE SOUTHWESTERLY BOUNDRY OF THE PROPERTY DESCRIBED T RECEPTION NO ; THENCE SOUTH EST, LONG THE SID SOUTHWESTERLY BOUNDRY OF THE PROPERTY DESCRIBED T RECEPTION NO , DISTNCE OF 1.05 FEET; THENCE SOUTH WEST, DISTNCE OF FEET; THENCE SOUTH EST, DISTNCE OF 2.58 FEET; THENCE SOUTH WEST, DISTNCE OF FEET; THENCE NORTH WEST, DISTNCE OF 2.15 FEET; THENCE SOUTH WEST, DISTNCE OF FEET; THENCE NORTH WEST, DISTNCE OF FEET; THENCE NORTH EST, DISTNCE OF FEET; THENCE NORTH EST, DISTNCE OF 1.60 FEET; THENCE SOUTH EST, DISTNCE OF 1.92 FEET TO THE BOUNDRY LINE PER BOUNDRY LINE GREEMENT DESCRIBED T RECEPTION NO EXTENDED; THENCE SOUTH WEST, LONG SID GREED UPON BOUNDRY LINE, DISTNCE OF FEET TO THE NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE;

87 Page 87 of 178 THENCE SOUTH EST, LONG SID NORTHESTERLY RIGHT-OF-WY, DISTNCE OF FEET TO THE POINT OF BEGINNING.

88 Page 88 of 178 Exhibit C

89 Page 89 of 178 LEGL DESCRIPTION OF Exhibit C LNDSCPING ESEMENT LNDSCPING ESEMENT LOCTED WITHIN THE SOUTHEST QURTER OF THE SOUTHEST QURTER OF SECTION 32, TOWNSHIP 50 NORTH, RNGE 9 EST OF THE NEW MEXICO PRINCIPL MERIDIN, ND WITHIN THE FORMER DENVER & RIO GRNDE WESTERN RILROD RIGHT-OF- WY, CITY OF SLID, CHFFEE COUNTY, COLORDO, BEING MORE PRTICULRLY DESCRIBED S FOLLOWS: COMMENCING T THE INTERSECTION OF THE NORTHESTERLY RIGHT- OF-WY OF SCKETT VENUE ND THE NORTHWESTERLY LINE OF N LLEY, FROM WHENCE THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WY OF F STREET ND THE NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE BERS SOUTH EST, DISTNCE OF FEET; THENCE NORTH WEST, LONG THE SID NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE, DISTNCE OF FEET TO THE BOUNDRY LINE PER BOUNDRY LINE GREEMENT DESCRIBED T RECEPTION NO ; THENCE NORTH EST, LONG SID GREED UPON BOUNDRY LINE, DISTNCE OF 2.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH WEST, DISTNCE OF 3.99 FEET; THENCE NORTH EST, DISTNCE OF FEET; THENCE SOUTH EST, DISTNCE OF 4.49 FEET TO THE NORTHWESTERLY BOUNDRY OF THE PROPERTY DESCRIBED T RECEPTION NO ND SID GREED UPON BOUNDRY LINE DESCRIBED T RECEPTION EXTENDED; THENCE SOUTH WEST, LONG SID GREED UPON BOUNDRY LINE, DISTNCE OF FEET TO THE POINT OF BEGINNING. CONTINING SQURE FEET.

90 Page 90 of 178 LEGL DESCRIPTION OF Exhibit C DRINGE ESEMENT FOOT WIDE DRINGE ESEMENT, BEING 5.00 FEET EITHER SIDE OF THE PROCEDING CENTERLINE DESCRIPTION, LOCTED WITHIN THE SOUTHEST QURTER OF THE SOUTHEST QURTER OF SECTION 32, TOWNSHIP 50 NORTH, RNGE 9 EST OF THE NEW MEXICO PRINCIPL MERIDIN, ND WITHIN THE FORMER DENVER & RIO GRNDE WESTERN RILROD RIGHT-OF-WY, CITY OF SLID, CHFFEE COUNTY, COLORDO, BEING MORE PRTICULRLY DESCRIBED S FOLLOWS: COMMENCING T THE INTERSECTION OF THE NORTHESTERLY RIGHT- OF-WY OF SCKETT VENUE ND THE NORTHWESTERLY LINE OF N LLEY, FROM WHENCE THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WY OF F STREET ND THE NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE BERS SOUTH EST, DISTNCE OF FEET; THENCE NORTH WEST, LONG THE SID NORTHESTERLY RIGHT-OF-WY OF SCKETT VENUE, DISTNCE OF FEET TO THE BOUNDRY LINE PER BOUNDRY LINE GREEMENT DESCRIBED T RECEPTION NO ; THENCE NORTH EST, LONG SID GREED UPON BOUNDRY LINE, DISTNCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 40 07'33" WEST, DISTNCE OF FEET TO N EXISTING DITCH ND THE POINT OF TERMINUS. CONTINING SQURE FEET.

91 Exhibit D May 19, 2015 City Council Packet Page 91 of 178

92 Exhibit D May 19, 2015 City Council Packet Page 92 of 178 Natural Habitats, Inc P.O. Box 745 Salida, CO DTE: March 22, 2015 Date revised Bid Proposal: River Lofts - Improvements on City Property Comments or Special Instructions: Bid from 100% Permit Set Plans For River West Salida QUNTITY DESCRIPTION UNIT PRICE MOUNT 200 L.F. Furnish & Install Curb & Gutter along Boat Ramp $ $ 4, L.F. Furnish & Install Curb & Gutter along Sackett $24.00 $3, sq.ft Sidewalk at Boat Ramp , sq.ft. Sidewalk at Sackett , sq.ft. Furnish & Install sphalt and Road Base in Boat Ramp , sq.ft. Road Prep & City lley , Replace overhead electrical with underground, estimate 5, L.F Planters at Building --- concrete , ea Tree Grates - Neenah --- furnish and install , ea 15 gal. trees ccepted and greed to this SUBTOTL $ 44, day of 2015 SLES TX - By: Tom Pokorny SHIPPING & HNDLING TOTL $ 44, THNK YOU FOR YOUR BUSINESS

93 Page 93 of 178

94 Page 94 of 178 CITY COUNCIL GEND ITEM MEETING DTE: May 19 th, 2015 GEND ITEM TITLE: PRESENTED BY: Ordinance Block 19 lley Vacation, an ordinance of the City Council of the City of Salida, Colorado, vacating a portion of the alley right-of-way in Block 19 between First and Second Streets and Southeast of I Street. Dan Osborn, Community Development Director REQUEST: The request is to approve the City of Salida vacating a portion of alley located in Block 19. PPLICNT: The applicants are Tom Price and Mike Lacriox, County Road 195, Salida, CO BCKGROUND REVIEW: The subject alley right-of-way is generally located between First and Second Streets and southeast of I Street. Subject Right-of-Way Subject Right-of-Way

95 Page 95 of 178 The applicant seeks to purchase the property located at 314 West Second Street. However, a portion of the existing building encroaches into City of Salida alley right-of-way. This encroachment occupies less than 2 feet of the alley right-of-way and was likely due to a surveying error made when the building was originally constructed 108 years ago. This encroachment has made it difficult for the buyer to get financing for the future redevelopment of the property. By seeking relief through the vacation of 2.5 feet the encroachment will be resolved. Under state statue when right-of-way is vacated each property adjacent to the vacated right-of-way receives an equal portion of property. The current right-of-way is twenty-five (25) feet wide. The City of Salida Construction Standards and Specifications require a minimum alley width of twenty (20) feet. The vacation of 2.5 feet will resolve the encroachment issue and maintain legal access to adjacent property owners while retaining City ownership of the remaining twenty (20) feet of alley. Staff is recommending a 2.5 foot strip on either side of the alley be vacated along the entire section of alley from I street southeast to the junction with the Monarch Spur trail. This will allow a consistent right-of-way width along the entire right-of-way section. Staff has received comment from the adjacent property owner expressing concerns regarding access and utilities. Seeking to resolve the concerns Staff has included easement language in the vacation that will allow the City to retain easements for the installation or maintenance of new or existing utilities and similar improvements. twenty (20) foot alley right-of-way meets the minimum design standard for alleys and will provide adequate legal access. This request has been reviewed by the City attorney. Staff presented the proposed alley vacation to the Planning Commission at their pril 27 th, 2015 meeting. fter a duly noticed public hearing, the Planning Commission unanimously supported the vacation and made a recommendation to Council to approve the request. Specifically, the Planning Commission made following finding(s) of fact: 1. That the application is in compliance with the review standards of Section , Vacation of a Right-of-Way, because this application does not limit access to any surrounding properties, it allows for continued public access, maintenance and future improvements. CTION: Council person should make a motion to approve Ordinance , an ordinance of the City Council of the City of Salida, Colorado, vacating portions of the alley right-of-way in Block 19 between First and Second Streets and Southeast of I Street, ordering the ordinance published by title only. Followed by a second and roll call vote. ttachments: Exhibits & B

96 Page 96 of 178 CITY OF SLID, COLORDO ORDINNCE NO. 09 (Series of 2015) N ORDINNCE OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, VCTING PORTION OF THE LLEY RIGHT-OF-WY IN BLOCK 19 BETWEEN FIRST ND SECOND STREETS ND SOUTHEST OF I STREET WHERES, an application for the vacation of a portion of the alley right-of-way in Block 19 between First and Second Streets and southeast of I Street has been filed with the City of Salida (the City ); and WHERES, said application has been found to be legally sufficient for consideration and action by the Salida Planning Commission and the Salida City Council under the Salida City Code (the Code ); and WHERES, the Salida Planning Commission at a duly noticed public hearing found that the application complied with the Code, the Salida Comprehensive Plan, City plans and policies, approved the application and recommended approval by the Salida City Council; and WHERES, the Salida City Council considered the application at a duly noticed public hearing and found that the application complied with the Code and the Salida Comprehensive Plan and affirmed the Salida Planning Commission s decision on the application; and WHERES, the subject right of way has not been established as a state highway; and WHERES, City Council finds that vacating a portion of the right-of-way will not cause harm to the public and will benefit the public by removing historic encroachments from the right-of-way. NOW, THEREFORE, BE IT ORDINED BY THE CITY COUNCIL FOR THE CITY OF SLID, COLORDO: 1. Incorporation of Recitals. The aforementioned recitals are hereby fully incorporated herein. 2. Vacation of Right of Way. City Council hereby vacates, renounces and disclaims a 2.5 feet wide strip on either side of the alley right-of-way lying between First and Second Streets and southeast of I Street, which right of way is more particularly described in Exhibit and depicted in Exhibit B. 3. Vesting of Title. Title to the vacated right of way shall vest in the adjacent property owners pursuant to section (l)(c), C.R.S. and the Code. City Council hereby authorizes the Mayor to execute a quitclaim deed to the vacated alley right-of-way to the adjacent property owners.

97 Page 97 of Easements. City Council reserves easements for the installation or maintenance of new or existing utilities and similar improvements. 5. Effective Date. This ordinance shall only become effective as provided by State statute and the Code. 6. Repealer. ll other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED ON FIRST REDING, DOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation by the City Council on this 5 th day of May, INTRODUCED ON SECOND REDING at a regular meeting of the Salida City Council, PSSED, DOPTED ND ORDERED PUBLISHED IN FULL BY TITLE ONLY this day of, City of Salida Mayor Jim Dickson TTEST: Clerk/Deputy Clerk

98 Page 98 of 178 LEGL DESCRIPTION OF PORTION OF N LLEY TO BE VCTED (part 1) PORTION OF THE LLEY LOCTED WITHIN BLOCK 19, IN THE CITY OF SLID, CHFFEE COUNTY, COLORDO, BEING MORE PRTICULRLY DESCRIBED S FOLLOWS: BEGINNING T THE INTERSECTION OF THE SOUTHWESTERLY RIGHT-OF-WY OF SID LLEY IN BLOCK 19 ND THE SOUTHESTERLY BOUNDRY OF SID BLOCK 19, FROM WHENCE THE INTERSECTION OF SID SOUTHESTERLY BOUNDRY OF BLOCK 19 ND THE NORTHESTERLY RIGHT-OF-WY OF SECOND STREET BERS SOUTH 60 24'50" WEST, DISTNCE OF FEET; THENCE NORTH 60 24'50" EST LONG SID SOUTHESTERLY BOUNDRY OF BLOCK 19, DISTNCE OF 2.72 FEET; THENCE NORTH 40 46'31" WEST, DISTNCE OF FEET TO THE SOUTHESTERLY RIGHT- OF-WY OF I STREET; THENCE SOUTH 49 13'29" WEST, DISTNCE OF 2.42 FEET LONG SID RIGHT-OF-WY OF I STREET TO SID SOUTHWESTERLY RIGHT-OF-WY OF THE LLEY WITHIN BLOCK 19; THENCE SOUTH 40 43'38" EST LONG SID LLEY RIGHT-OF-WY, DISTNCE OF FEET; THENCE SOUTH 40 40'37" EST CONTINUING LONG SID SOUTHWESTERLY LLEY RIGHT-OF- WY, DISTNCE OF FEET TO THE POINT OF BEGINNING. CONTINING SQ.FT.

99 Page 99 of 178 LEGL DESCRIPTION OF PORTION OF N LLEY TO BE VCTED (part 2) PORTION OF THE LLEY LOCTED WITHIN BLOCK 19, IN THE CITY OF SLID, CHFFEE COUNTY, COLORDO, BEING MORE PRTICULRLY DESCRIBED S FOLLOWS: BEGINNING T THE INTERSECTION OF THE NORTHESTERLY RIGHT-OF-WY OF SID LLEY IN BLOCK 19 ND THE SOUTHESTERLY BOUNDRY OF SID BLOCK 19, FROM WHENCE THE INTERSECTION OF SID SOUTHESTERLY BOUNDRY OF BLOCK 19 ND THE NORTHESTERLY RIGHT-OF-WY OF SECOND STREET BERS SOUTH 60 24'50" WEST, DISTNCE OF FEET; THENCE SOUTH 60 24'50" WEST LONG SID SOUTHESTERLY BOUNDRY OF BLOCK 19, DISTNCE OF 2.69 FEET; THENCE NORTH 40 46'31" WEST, DISTNCE OF FEET TO THE SOUTHESTERLY RIGHT- OF-WY OF I STREET; THENCE NORTH 49 13'29" EST LONG SID RIGHT-OF-WY OF I STREET, DISTNCE OF 2.42 FEET TO SID NORTHESTERLY RIGHT-OF-WY OF THE LLEY WITHIN BLOCK 19; THENCE SOUTH 40 49'58" EST LONG SID NORTHESTERLY LLEY RIGHT-OF-WY, DISTNCE OF FEET TO THE POINT OF BEGINNING. CONTINING SQ.FT.

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101 Page 101 of 178 CITY OF SLID CITY COUNCIL GEND ITEM MEETING DTE: GEND ITEM TITLE: PRESENTED BY: GEND SECTION: May 19, 2015 KCK Ventures, INC DB Seasons Hotel & Restaurant Liquor License pplication and Public Hearing Christian R. Samora, Deputy City Clerk Scheduled Items CN THIS ITEM BE RESCHEDULED: No BCKGROUND REVIEW: KCK Ventures, Inc. at 1110 E Highway 50, Salida, CO is applying for a Hotel and Restaurant (City) Liquor License. Hotel and Restaurant liquor license authorizes the sale of Malt, Spirituous & Vinous Liquors by the drink for consumption n on the premises. The receipt of the application is pril 14 th, On receipt of the application, it is reviewedd by the Deputy City Clerk. If determined to be in order, the application will be sent to the State Liquor uthority for processing to begin. Following local liquor authority approval, the City dministrator signs the application, which will be faxed to the statee the next day. Then, if the State has also found the application in order, the license will be issued and will be sent immediately to the clerk. The clerk then issues a local license and both State and City licensess are issued to the applicant. minimum of 30 days from the receipt of the application a public hearing must be held to allow testimony by any person who would aid the local authorityy in considering the application C.R.S During this 30 day period, the public notice process begins. The applicant must petition the neighborhood, the property must be posted and a noticee must be published in a local paper. The property was posted and the notice was published in the Mountain Mail on pril 17 th, The public hearing date is tonight Tuesday, May 19 th,

102 Page 102 of 178 RECOMMENDTION: Staff recommends that the City Council hold the public hearing and take public comments during the hearing. CTION: If council feels the request is in order, a member should make a motion to approve a Hotel and Restaurant Liquor License for KCK Ventures, Inc at 1110 E Highway 50, Salida. Followed by a second, and then a roll call. 2

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113 Page 113 of 178 CITY COUNCIL GEND ITEM MEETING DTE: GEND ITEM TITLE: PRESENTED BY: May 19, 2015 Creation of Downtown Entertainment District, 1 st Reading & Regulation of the Downtown Entertainment District, 1 st Reading Christian Samora GEND SECTION: Scheduled Items REQUEST: To approve Ordinance No. 10, Series 2015 creating the Lower Downtown Entertainment District adjoining the lower downtown business district pursuant too C.R.S nd to approve Ordinance No. 11, Series 2015 amending the Salida Municipal Code to include new application, submittal, review and permitting process for special eventss in the Entertainment District. BCKGROUND REVIEW: C.R.S , and authorizes the governing body of the local licensing authority to create and regulate an Entertainment District by Resolution or Ordinance to provide for a common consumption area use within the established district. Ordinance will establish the Lower Downtown Entertainmentt District and its boundaries. s set forth in the ordinance creating the regulations for the Entertainment District, Ordinance No. 11, Series 2015, the common consumption area is approved by separatee action of the Town Council acting as the Local Licensing uthority. Establishing an Entertainment District in Downtown Salida would allow for the consumption of alcoholic beverages in a common consumptionn area for certain special events and other functions planned by the taverns, hotels, restaurants and brew pubs in the Lowerr Downtown area north of First Street. The common consumption area would encompass portions of F Street, Sackett venue, Riverside Park and other areas as set forth in Exhibit. Ordinance will amend the Salida Municipal Code to include an application process for promotional associations to apply for a common consumption area in the Lower Downtown Entertainment District. dditionally, this ordinance will amend the Municipal Code to include requirements for a promotional association to operate a common consumption areaa within the Entertainment District.

114 Page 114 of 178 C.R.S requires that the Entertainments District have at least two licensed taverns, hotels, restaurants or brew pubs be adjacent to the Entertainment District. dditionally, C.R.S requires that the Entertainment District have at least 20,000 square feet of adjacent licensed premises and have an area that is less than 100 acres. The proposed Entertainment District in Lower Downtown Salida meets all of these requirements. CTION: council member should make a motion to adopt Ordinance , an ordinance of the City Council of the City of Salida, Colorado creating an entertainment district authorized by C.R.S., , setting a public hearing for June 2, 2015 and ordering the ordinance published in full. Followed by a second and a roll call vote. council member should make a motion to adopt Ordinance , an ordinance amending chapter 6 of the Salida municipal code to add regulations respecting the creation of an entertainment district in which common areas for the consumption of alcohol may be operated by a promotional association, setting a public hearing for June 2, 2015 and ordering the ordinance published in full. Followed by a second and a roll call vote.

115 Page 115 of 178 CITY OF SLID, COLORDO ORDINNCE NO. 10 (Series of 2015) N ORDINNCE OF THE SLID CITY COUNCIL CRETING N ENTERTINMENT DISTRICT UTHORIZED BY C.R.S., WHERES, the City of Salida, Colorado (the City ) is a statutory city under the laws of the State of Colorado; and WHERES, the City staff has researched creating an Entertainment District authorized by C.R.S., adjoining the Lower Downtown Business District north of First Street and between E and I Streets; and WHERES, creating an Entertainment District would allow the consumption of alcoholic beverages in a common consumption area if the City Council, as the Local Licensing uthority under Colorado law, authorizes the same; and WHERES, the City Council wishes to create such an Entertainment District to include the Lower Downtown Business District north of First Street and between E and I Streets in order to allow the consumption of alcohol in a common consumption area for certain special events and other functions planned by the taverns, hotels, restaurants and brew pubs in this area of the City of Salida; and WHERES, the City Council, has proposed an Entertainment District in the Lower Downtown Business District north of First Street and between E and I Streets that is less than 100 acres and has at least 20,000 square feet of adjacent premises licensed as taverns, hotels, restaurants and brew pubs; and WHERES, the City Council finds that the creation of an Entertainment District in the Lower Downtown Business District north of First Street and between E and I Streets will enhance the community s quality of life and opportunities to engage in more activities, uses, events and socializing in the historic downtown and will enhance the economic vitality of downtown retail shops, taverns, hotels, restaurants, brew pubs and other businesses; and WHERES, for the foregoing reasons, the City Council s creation of an Entertainment District in the Lower Downtown Business District north of First Street and between E and I Streets is in the best interest of the health, safety and welfare of the residents and visitors of the City of Salida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, THT: 1. The foregoing recitals are hereby adopted as findings and determinations by the City Council. 2. The City Council hereby approves the creation of an Entertainment District under C.R.S., with borders shown in the map thereof attached hereto as Exhibit

116 City of Salida, Colorado Ordinance No. 10, Series of 2015 Page 2 of 3 May 19, 2015 City Council Packet Page 116 of The official map of the Entertainment District shall be kept for reference in the office of the City Clerk. INTRODUCED ON FIRST REDING, on May 19, 2015, DOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the day of May, 2015 and set for second reading and public hearing on the day of June, INTRODUCED ON SECOND REDING, FINLLY DOPTED and ORDERED PUBLISHED IN FULL, by the City Council on the day of, CITY OF SLID, COLORDO [SEL] TTEST: City Clerk/Deputy Clerk Mayor PUBLISHED IN FULL in the Mountain Mail after First Reading on the day of 2015, and BY TITLE ONLY, after final adoption on the day of City Clerk/Deputy City Clerk EXHIBIT

117 City of Salida, Colorado Ordinance No. 10, Series of 2015 Page 3 of 3 May 19, 2015 City Council Packet Page 117 of 178

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119 Page 119 of 178 CITY OF SLID, COLORDO ORDINNCE NO. 11 (Series of 2015) SERIES 2015 N ORDINNCE MENDING CHPTER 6 OF THE SLID MUNICIPL CODE TO DD REGULTIONS RESPECTING THE CRETION OF N ENTERTINMENT DISTRICT IN WHICH COMMON RES FOR THE CONSUMPTION OF LCOHOL MY BE OPERTED BY PROMOTIONL SSOCITION WHERES, the City of Salida, Colorado (the City ) is a statutory city under laws of the State of Colorado; and WHERES, with Ordinance the City Council has created an Entertainment District in the Lower Downtown Business District north of First Street and between E and I Streets in order to allow the consumption of alcohol in a common consumption area for certain special events and other functions planned by the taverns, hotels, restaurants and brew pubs in this area of the City of Salida as authorized by C.R.S., ; and WHERES, in conjunction with creating an Entertainment District and as authorized by C.R.S., , and , the City Council must also establish regulations to allow the consumption of alcohol in a common consumption area for certain special events and other functions planned by the taverns, hotels, restaurants and brew pubs in the City of Salida in the Entertainment District, and for certifying the entity that is constituted by such taverns, hotels, restaurants and brew pubs; and WHERES, for the foregoing reasons, the regulations set forth herein to regulate a common consumption area and certify the entity that is constituted by the taverns, hotels, restaurants and brew pubs that will utilize the same is in the best interest of the health, safety and welfare of the residents and visitors of the City of Salida, and, accordingly, the revisions to the Salida Municipal Code set forth below are in the public interest. NOW, THEREFORE, BE IT ORDINED BY THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, THT, 1. The foregoing recitals are hereby adopted as findings and determinations by the City Council. 2. The following Sections will add a new rticle to Chapter 6 of the Salida Municipal Code: Section 1. dding a New rticle 5, Entertainment District to Chapter 6 of the Code. new rticle 5 is added to Chapter 6 of the Code that shall read as follows: RTICLE V Entertainment District

120 Page 120 of 178 Sec Definitions. s used in this Chapter, the following words shall have the following meanings: Common Consumption rea means a pedestrian area located wholly within the Entertainment District and approved by the Local Licensing uthority that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Common Consumption rea Law means Sections (11), , of the Colorado Revised Statutes, as amended. Entertainment District means the City of Salida Lower Downtown Entertainment District with a size no more than 100 acres and containing at least 20,000 square feet of premises licensed as a tavern, hotel and restaurant, brew pub or vintner s restaurant at the time said District is created. Licensee means a person to whom a license is granted by the Local Licensing uthority to manufacture or sell alcoholic beverages as provided under the Colorado Liquor Code. Local Licensing uthority means the City Council of the City of Salida. Promotional ssociation means an association that is incorporated within the State of Colorado that organizes and promotes entertainment activities within a Common Consumption rea, is organized or authorized by two or more persons who own or lease property within the Entertainment District and is certified by the Local Licensing uthority. In addition to the definitions provided above, the other defined terms in C.R.S. Section are incorporated into this rticle by reference. Sec Creation of Entertainment District and General Requirements. (a) In order to exercise the City s local option to allow Common Consumption reas in the City and to effectuate the purposes and intent of C.R.S. Section (11), there is hereby designated the City of Salida Lower Downtown Entertainment District whose boundaries are attached to this ordinance as Exhibit. Such Entertainment District has been established by Ordinance No. 10, Series (b) Properties may be included or excluded from the Entertainment District by resolutions of the City Council. By establishing the Entertainment District, the City authorizes the licensing of designated Common Consumption reas in which alcoholic beverages may be sold and consumed subject to the requirements of this rticle, the Code and the Common Consumption rea Law. (c) The Local Licensing uthority has the following powers with respect to Common Consumption reas and Promotional ssociations: (1) designate one or more Common Consumption reas;

121 Page 121 of 178 (2) certify or decertify a Promotional ssociation; (3) authorize, de-authorize or refuse to authorize or reauthorize a licensee s attachment of licensed establishment to a Common Consumption rea; (4) impose reasonable conditions of approval on the licensing of Common Consumption reas, certification of Promotional ssociations or the attachment of licensed establishments to Common Consumption rea; and (5) exercise all powers necessary to effectuate the purposes of the Common Consumption rea Law. (d) The standards for Common Consumption rea licenses issued to Promotional ssociations shall be in addition to all other standards applicable under this rticle, the Code and the Colorado Liquor Code. (e) Decisions on applications for Common Consumption reas, Promotional ssociations and inclusions and exclusions from the Common Consumption rea shall be made by the Local Licensing uthority within 30 days of receipt of a complete application therefor. decision to deny any such application by the Local Licensing uthority shall be in writing and shall be provided to the applicant within five business days of the decision having been rendered. Sec Common Consumption reas. (a) Within the Entertainment District, Common Consumption reas may be licensed by the Local Licensing uthority upon application by a Promotional ssociation in conformance with the requirements of this rticle and the Colorado Liquor Code. (b) Promotional ssociation may submit an application for the designation of a Common Consumption rea on forms provided by the City Clerk and approved by the City ttorney in accordance with the following minimum information: (1) application and license fees; (2) name, address and list of all officers of Promotional ssociation; (3) documentation of how the application addresses the reasonable requirements of the neighborhood or desires of the adult inhabitants; (4) the size in terms of acreage or square footage of the Common Consumption rea; (5) proposed hours, dates and days of operation of the Common Consumption rea;

122 Page 122 of 178 (6) a site plan detailing the proposed Common Consumption rea including, without limitation, the following information: boundaries of the area, location and description of physical barriers, location of all entrances and exits, location of all attached licensed premises and location of signs to be posted notifying customers of the hours of operation and restrictions associated with the Common Consumption rea; (7) a security plan detailing security arrangements for the Common Consumption rea including but not limited to the following information: evidence of completed liquor training of all serving personnel approved by the City Clerk and number and location of security personnel during the days and hours of operation of the Common Consumption rea; (8) signed statement that the Common Consumption rea and all licensed establishments therein can be operated in compliance with this rticle, all applicable provisions of this Code and the Colorado Liquor Code; (9) lease, license or other right evidencing legal authorization for use of the Common Consumption rea; and (10) proof of insurance of general liability and liquor liability naming the City of Salida, its elected, officers, employees, agents, attorneys and insurers as additional insureds in a minimum amount of $1,000, (c) n application for establishment of a Common Consumption rea shall be considered at a duly noticed public hearing of the Liquor Licensing uthority based on the following criteria of approval: (1) there must be at least two licensed establishments attached to a Common Consumption rea; (2) use of the Common Consumption rea is compatible with the reasonable requirements of the neighborhood or the desires of the adult inhabitants; and (3) evidence that the Common Consumption rea is clearly delineated maintained using physical barriers to prohibit motor vehicle traffic (except emergency vehicles) and to limit pedestrian access. (d) tavern, hotel and restaurant, brew pub, retail gaming tavern or vintner s restaurant Licensee may request attachment to the licensed Common Consumption rea by submitting an application to the Local Licensing uthority with the following information:

123 Page 123 of 178 (1) Written request and approval from the Promotional ssociation to allow the Licensee to be attached to a Common Consumption rea. (2) Confirmation that the Licensee s licensed premises is located within or on the perimeter of the Entertainment District and attached to a Common Consumption rea. (e) The Local Licensing uthority may reject a Licensee s attachment to a Common Consumption rea if the licensed premises is not within or on the perimeter of the Common Consumption rea and if the Licensee: (1) fails to obtain consent from the Promotional ssociation to be attached to a Common Consumption rea; (2) fails to establish that the licensed premises and Common Consumption rea can be operated without violating this rticle or the Common Consumption Law; (3) creates a public safety risk to the neighborhood in terms of law enforcement call-outs, breaches in securing the perimeter of the Common Consumption rea, unauthorized liquor consumption outside of the Common Consumption rea, noise or nuisance complaints generated from activities within the Common Consumption rea, or similar, documented public safety risks; or (4) violates Section of the Colorado Liquor Code. (f) ll renewal applications for Common Consumption reas shall be submitted to the City Clerk no later than 45 days prior to the date on which the license expires. If there is evidence that the license should not be renewed, the City Clerk shall set the application for hearing with the Local Licensing uthority. Sec Promotional ssociations. (a) For certification and re-certification as a Promotional ssociation, the following information is required to be submitted to the City Clerk in conjunction with or prior to application for establishment of a Common Consumption rea: (1) application fee; (2) copy of articles of incorporation and bylaws; (3) list of names of all directors and officers of the Promotional ssociation; (4) list of licensed establishments attached to a Common Consumption rea; and

124 Page 124 of 178 (5) certificates of general liability and liquor liability insurance are provided in the amounts required under this rticle. (b) The Local Licensing uthority may certify a Promotional ssociation if the following criteria of approval are met: (1) the annual reporting requirements have been or will be met; (2) evidence establishes that the Common Consumption rea can be and is operated without violating the Colorado Liquor Code, this rticle or other applicable provision of this Code; (3) there are at least two (2) licensed premises attached to a Common Consumption rea; and (4) the required insurance as set forth in this rticle is provided and will be continuously maintained. (c) Promotional ssociation shall apply for annual recertification by March 1 of each year on forms prepared and approved by the City Clerk. (d) The Local Licensing uthority may decertify a Promotional ssociation subject to the process as provided in Section of the Colorado Liquor Code. (e) Operational Requirements of Promotional ssociations. Sec Violations. (1) The size of the licensed Common Consumption rea shall not be modified except with the approval of the Local Licensing uthority. (2) The Promotional ssociation shall provide adequate security in terms of personnel, physical barriers, training and similar means, to ensure compliance with the Colorado Liquor Code and to prevent a public safety risk to the neighborhood. (3) The Promotional ssociation shall post signs at the entrances and exits of the Common Consumption notifying customers of the hours of operation and restrictions associated with the Common Consumption rea. (4) No one shall leave the Common Consumption rea with an unconsumed alcohol beverage. (5) ll serving personnel must complete a liquor training program approved by the City Clerk prior to staffing the Common Consumption rea.

125 Page 125 of 178 Noncompliance with any provision of this rticle or the Common Consumption Law shall be deemed a violation of this Code. Violations of this rticle shall be cause for suspension or revocation of the licensed premises, the Common Consumption rea license or decertification of the Promotional ssociation, as applicable and may be subject to other enforcement provisions set forth in the Code and the Common Consumption Law. Sec Fees. pplication, renewal and licensing fees shall be established and amended by resolutions of the City Council. Section 2. Severability. If any section, sentence, clause, phrase, word or other provision of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this ordinance, or the validity of this ordinance as an entirety, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. Section 3. Savings Clause. Except as hereby amended, the Salida Municipal Code, as previously amended, shall remain valid and in full force and effect. ny provision of any ordinance previously adopted by the City Council that is in conflict with this ordinance is hereby repealed as of the enforcement date hereof. INTRODUCED ON FIRST REDING, on May 19, 2015, DOPTED and ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salida by the City Council on the day of May, 2015 and set for second reading and public hearing on the day of June, INTRODUCED ON SECOND REDING, FINLLY DOPTED and ORDERED PUBLISHED IN FULL, by the City Council on the day of, CITY OF SLID, COLORDO [SEL] TTEST: City Clerk/Deputy Clerk Mayor PUBLISHED IN FULL in the Mountain Mail after First Reading on the day of 2015, and BY TITLE ONLY, after final adoption on the day of 2015.

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128 Page 128 of 178 CITY COUNCIL GEND ITEM MEETING DTE: GEND ITEM TITLE: PRESENTED BY: GEND SECTION: May 19, 2015 Consideration of a Jointt Use greement regarding street light poles owned by Public Service Company of Colorado Dara MacDonald, City dministrator Scheduled Items REQUEST: To approve a Joint Use greement with Xcel Energy to allow for banners to be hung from specific light poles in Salida. BCKGROUND REVIEW: Several years ago Xcel Energy informed alll of its franchise partnerss in Coloradoo that they would no longer be allowed to hang anything on streetlights owned by Xcel due to concerns about liability. fter several years of discussion, Xcel has agreed to allow the use of their streett light poles subject to certain limitations. Xcel has inspected and approved the inclusion of the historic style streetlights in downtownn and the new streetlights on Hwy 50 in a Joint Use greement. Under the agreement, Salidaa may hang banners so long as they meet the specifications of the greement. The cobra lights downtown may not be utilized for this purpose because of the distribution wires attached to the poles. In the future the City may also be able to include planters, way finding signs, holiday lights and other seasonal decorations. The Joint Use greement is attached along with Exhibits showing the specific streetlights that may be utilized. RECOMMENDTION: Council person should make a motion to approve Resolution , a resolution of the City Council of the City of Salida, Colorado, authorizing the Mayorr to enter into a Joint Use greement regarding street light poles owned by Publicc Service Company of Colorado. Followed by a second and then a voice vote.

129 Page 129 of 178 CITY OF SLID, COLORDO RESOLUTION NO. 43 SERIES OF 2015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, PPROVING JOINT USE GREEMENT REGRDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPNY OF COLORDO WHERES, the City and Public Service Company of Colorado wish to enter into a Joint Use greement, attached hereto and incorporated herein as Exhibit ; and WHERES, the agreement will allow for banners meeting certain specifications to be placed on the listed street light poles in Salida; and WHERES, the City Council has found that the use of decorative banners can enhance the vitality and economy of downtown and the Highway 50 corridor; and WHERES, the Salida City Council finds the best interests of the citizens of Salida will be served by entering into this Joint Use greement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SLID, COLORDO THT: 1. The City incorporates the foregoing recitals as findings by the City Council. 2. The City Council hereby approves the Joint Use greement attached hereto as Exhibit and authorizes the Mayor to execute the greement on behalf of the City. RESOLVED, PPROVED and DOPTED this 19 th day of May, CITY OF SLID, COLORDO [SEL] By Mayor TTEST: City Clerk/Deputy City Clerk

130 Page 130 of 178 JOINT USE GREEMENT REGRDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPNY OF COLORDO This JOINT USE GREEMENT REGRDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPNY OF COLORDO ( greement ) is entered into and effective as of the day of, 2015 ( Effective Date ), by and between Public Service Company of Colorado, a Colorado corporation ( PSCo ), and the City of Salida, a municipal corporation of the State of Colorado (the City ). RECITLS. PSCo owns certain street light poles located within the boundaries of the City described on Exhibit, attached hereto and incorporated by this reference (the Poles ); B. The City has requested permission from PSCo to attach ornamental banners, planters, way finding signs (e.g. historic district next right ), holiday lights and other seasonal decorations, meeting the criteria in the Specifications defined below (each an Ornamental Pole ttachment ), to the Poles; C. The use of the Poles for Ornamental Pole ttachments is undertaken as part of the operations of the City; D. PSCo is willing to grant permission to the City for this purpose, subject to the terms and conditions stated in this greement; E. Ornamental Pole ttachments are not included as or a part of electric service under PSCo s electric tariff including street lighting service; and F. This greement is entered into to set forth the process and standards for the temporary attachment of Ornamental Pole ttachments to the Poles. 1. License. GREEMENT (a) PSCo hereby grants the City a license, for the Term (defined below), to attach Ornamental Pole ttachments to the Poles, subject to compliance by the City with the terms and conditions of this greement. This greement does not create a lease, easement or other real property interest. Nothing contained in this greement shall be deemed or construed to create a partnership or joint venture of or between PSCo and the City, or to create any other relationship between the parties other than that of licensor and licensee. (b) The license granted by this greement does not include electricity to power any holiday lights or other aspect of an Ornamental Pole ttachment. Electricity for Ornamental Pole ttachments shall be supplied by PSCo, subject to and in accordance with PSCo s tariff on file with the Colorado Public Utilities Commission, as amended from time to time. (c) The license to attach an Ornamental Pole ttachment to any particular Pole may be revoked by PSCo: (i) on twenty (20) days notice if the City is in default of any provision 1

131 Page 131 of 178 of this greement; and (ii) without notice if any Ornamental Pole ttachment interferes with PSCo s operation of any Pole for street lighting purposes or if deemed prudent by PSCo for the protection of its Poles because of occurring or forecast weather conditions, including wind. 2. Ornamental Pole ttachment Criteria (a) The size, type, material and all other aspects of each Ornamental Pole ttachment and the method of attachment of the Ornamental Pole ttachment to any Pole must at all times comply with specifications that may be adopted from time to time by PSCo (the Specifications ). PSCo reserves the right, without approval from the City, to rescind, supplement and amend the Specifications at any time. The Specifications as of the Effective Date are attached hereto as Exhibit B. t any time, PSCo may notify the City, in writing, of revisions to the Specifications. Thirty (30) days after PSCo provides such notice, the Specifications, as revised, shall be observed and complied with, by the City with respect to existing and future Ornamental Pole ttachment attachments. (b) PSCo does not approve or endorse any content or message on any Ornamental Pole ttachment. 3. ttachment and Removal of Ornamental Pole ttachments. (a) The City shall not install an Ornamental Pole ttachment to a Pole if, when considered in combination with other attached items, e.g. other Ornamental Pole ttachments, the City street signs, traffic control signs, cameras, or overhead wires, the specified limits for such Pole defined in Exhibit B will be exceeded. (b) The City shall not interfere with PSCo s use of the Poles for their intended purpose, including that of street lighting, at any time during the installation, operation or removal of Ornamental Pole ttachments. (c) ttachment and removal of Ornamental Pole ttachments from Poles shall be done without expense to PSCo. (d) The City shall remove Ornamental Pole ttachments from Poles as follows: (i) all Ornamental Pole ttachments shall be removed prior to the expiration or termination of the Term of this greement or (ii) any particular Ornamental Pole ttachment(s) shall be removed within three (3) business days after the revocation of the license for any such Ornamental Pole ttachment(s). Notwithstanding the foregoing, in the event that PSCo revokes the license for any Ornamental Pole ttachment because it interferes with PSCo s use of the Pole or because of inclement weather, PSCo may remove the Ornamental Pole ttachment, without notice, and without liability to the City or any other person, except for injury or damage to persons or property caused by the sole negligence or willful misconduct of PSCo. 2

132 Page 132 of 178 (e) ny Ornamental Pole ttachment that is not removed by the City as required by this Section 3 may be removed and disposed of by PSCo, without liability to any person, and at the expense of the City. PSCo will use commercially reasonable efforts to return the removed Ornamental Pole ttachment to the City. PSCo s removal, handling and transportation of an Ornamental Pole ttachment will not create a bailment and PSCo will have no liability to the City or any other person or entity for any loss or damage to the Ornamental Pole ttachment as a result of the removal, handling or transportation activities. (f) The City will not attach any Ornamental Pole ttachment to a street light pole owned by PSCo that is not included on the list of Poles contained on Exhibit, as it may be amended as provided herein, nor will the City issue a permit allowing any third party to do so. 4. Damage to Poles. The City shall pay for PSCo to repair damage to any Pole which arises out of, or results from, the installation, maintenance or removal of any Ornamental Pole ttachment from any Pole. The City shall promptly report to PSCo, in writing, the occurrence of damage to any Pole occasioned by the City s use of the Poles, or otherwise observed by the City. 5. No Cost to PSCo. Whenever, in this greement, anything is to be done or performed by the City, it shall be done or performed at no cost to PSCo. 6. Inspection and Monitoring. (a) PSCo may perform inspection and testing of any Pole at any time, and may monitor any activities of the City in connection with the installation, maintenance or removal of any Ornamental Pole ttachment. Notwithstanding the foregoing, PSCo will have no duty to inspect or test Poles or to monitor any activities conducted by the City. ny inspection, testing or monitoring by PSCo is for the sole benefit of PSCo and shall not create any duty, or obligation to the City or any other person or entity and the City hereby releases PSCo from all claims arising out of the use of the Poles. No permission by PSCo for the attachment of any Ornamental Pole ttachment will constitute a representation or warranty by PSCo as to the adequacy of the Pole to support any Ornamental Pole ttachment, or the conformity of the proposed attachment with any applicable codes or laws. ny such permission will merely be the consent of PSCo to the attachment of the Ornamental Pole ttachment(s) pursuant to the terms of this greement. No failure by PSCo to object to the attachment of any Ornamental Pole ttachment made in violation of this greement shall constitute a waiver of its right to remove, or object to such Ornamental Pole ttachment. (b) If PSCo, in its discretion, determines that any Pole is not suitable for Ornamental Pole ttachments, because of damage, condition, the presence of additional attachments, or other reason, PSCo may withdraw such Poles from this greement by giving notice to the City designating the Poles being withdrawn. Thirty (30) days after such notice is given, Exhibit shall be deemed automatically amended to remove the Poles designated 3

133 Page 133 of 178 by PSCo in such notice. Within such thirty (30) day period, the City shall remove any Ornamental Pole ttachments on such Poles, subject to the terms of Section Insurance and Indemnity. (a) The City shall be responsible for, and to the extent permitted by law, the City agrees to defend, indemnify and save PSCo, its officers, agents and employees harmless from and against, any and all loss, expense, damage, injury, liability and claims therefor, resulting directly or indirectly from or out of the attachment, maintenance or removal by the City of Ornamental Pole ttachments or the use or exercise by the City of the rights granted hereunder, including, without limitation, claims for injury or death to employees or subcontractors, claims arising from, alleged to arise from, or related to, any injury allegedly or actually occurring, relating to the effects of electromagnetic fields, stray current or induced current, and any and all loss, expense, damage, injury, liability and claims of any other person, however caused. (b) During the longer of the time that any Ornamental Pole ttachment(s) is attached to a Pole, or the expiration or termination of this greement, the City will maintain general liability and auto liability insurance and will cause PSCo to be named additional insured under such policy/policies. Insurance required to be maintained by the City under this greement will be for no less than the coverage and limits set forth in Exhibit D-1 attached hereto, provided if the City is insured through CIRS, the coverage and limits will be as set forth on Exhibit D-2. The liability of the City is not limited to available insurance coverage. The dollar amount of required insurance coverage is subject to review by PSCo at the end of each three (3) year period following the Effective Date. Following such review, PSCo may notify the City, in writing, of reasonable increased requirements. Thirty (30) days after such notice, this greement shall be deemed automatically amended to reflect the modified amount of required insurance coverage. (c) The City accepts the Poles S IS without any obligation of PSCo to construct, alter, or improve any Poles, and without any express or implied warranties of any kind, including any warranty or representation of fitness for a particular purpose or any use. ll materials, equipment, work, and installations of any nature brought upon or installed on the Poles by or on behalf of the City shall be at the risk of the City. Neither PSCo nor any party acting on PSCo s behalf shall be responsible for any damage, loss or destruction of Ornamental Pole ttachments, arms or any other equipment or items brought to or installed on the Poles and the City hereby releases PSCo from all claims arising out of loss, damage or destruction of such items. (d) The City shall keep the Poles free from any liens arising from work performed, materials furnished, or obligations incurred by or at the request of the City or its permittees. If any lien is claimed against the Pole as a result of the acts or omissions of the City, or the City s employees, agents, contractors, or permittees, the City shall discharge the lien or bond the lien in a manner reasonably satisfactory to PSCo within thirty (30) days after the City receives written notice that a lien has been claimed. If the City fails to discharge or remove the lien within the thirty (30) day period, the City shall pay to PSCo on 4

134 Page 134 of 178 demand the actual amount paid by PSCo for the discharge or satisfaction of any such lien, and all reasonable attorneys fees and other legal expenses of PSCo incurred in defending any such action or in obtaining the discharge of such lien. (e) Notwithstanding any provision of this greement, the parties understand and agree that the City has not waived the applicable rights, immunities and protections provided by the Colorado Governmental Immunity ct, C.R.S , et seq., as it may be amended from time to time. 8. No Third Party Beneficiary; ssignment and Sublicensing. (a) Nothing in this greement shall be deemed to be a gift or dedication of any Pole, portion thereof, or interest therein, to the City, the general public, or for any public use or purpose whatsoever. Except as herein specifically provided, no right, privileges or immunities of PSCo or the City shall inure to the benefit of any third-party nor shall any third-party be deemed to be a beneficiary of any of the provisions contained herein. Nothing herein contained shall be construed to compel PSCo to maintain any Poles for a period longer than dictated by its own service requirements. (b) The City may not assign, transfer, or encumber this greement, or any portion thereof nor shall any assignment or transfer of this greement be effectuated by operation of law or otherwise (any of the foregoing being hereinafter referred to as an ssignment ). ny ssignment or attempted ssignment by the City will terminate this greement (subject to the survival provisions set forth in Section 13(d) below). The City shall not permit or allow the use of the Poles by any other person or entity except for a Permittee in accordance with subsection 8(c) below. (c) The City may permit use of the Poles by third parties (a Permittee ) in strict compliance with this greement, provided that prior to any use of the Poles by or on behalf of any Permittee, the City delivers to PSCo an ssumption greement in the form attached hereto as Exhibit E executed by the Permittee, along with evidence that the Permittee maintains insurance coverage in accordance with Exhibit D-1, naming PSCo as an additional insured. The insurance required under this subsection 8(c) shall be maintained during the entire period of use of the Pole by the Permittee. default by any Permittee shall be a default by the City under this greement. No delegation of rights by the City will release or limit its obligations under the greement. 9. Compliance with Laws. (a) The City shall bear the sole obligation of obtaining such other authority or rights as the City may need in addition to the rights provided in this greement for the installation, operation and removal of Ornamental Pole ttachments and use of the Poles. The City shall apply for all permits and other governmental approvals necessary for the City to attach, maintain, and remove the Ornamental Pole ttachments from Poles. (b) PSCo shall apply for all permits of general application necessary for any work it undertakes in connection with this greement, provided that any cost or expense incurred 5

135 Page 135 of 178 by PSCo in connection with the application for such permits, including without limitation, permit fees, shall be waived by the City. (c) The terms of this greement supersede any City ordinance or regulation relating to the use of Poles for Ornamental Pole ttachments. 10. No Waiver. The failure of PSCo to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies PSCo may have hereunder, at law or in equity, and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by PSCo of any provision of this greement shall be effective or binding on PSCo unless made in writing by an authorized representative of PSCo and no such waiver shall be implied from any omission by PSCo to take action in respect thereto. No express written waiver shall affect any other default or provision of this greement, nor cover any other period of time other than as specified in such express waiver. 11. uthority. PSCo and the City each represent and warrant to the other that the person executing this greement on its behalf has been fully empowered to execute and deliver this greement and that it possesses the legal authority to enter into this greement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this greement and to be bound to its terms. 12. Term. (a) This greement shall have an initial term ( Term ) of ten (10) years from the Effective Date. (b) Upon the expiration of the initial term, the Term of this greement shall automatically renew for additional terms of one (1) year, provided following the initial Term, either party may terminate this greement at any time by giving no less than thirty (30) days written notice to the other party. (c) Notwithstanding any other provision of this greement which may be interpreted to the contrary, PSCo may terminate this greement at any time during the Term if it reasonably determines that the use of the Poles for Ornamental Pole ttachments is inconsistent with engineering, safety or operational standards. Termination will be effective thirty (30) days after PSCo delivers written notice to the City stating with reasonable specificity the engineering, safety or operational issue. 13. Notices. ny notice, consent, request or other communication required or permitted to be given under this greement shall be in writing and shall be deemed given: (i) when delivered personally, or (ii) on the first business day that is three (3) days following mailing by certified or registered mail, return receipt requested, postage prepaid, or (iii) the next business day after dispatch by a nationally recognized overnight delivery service, in any event, addressed to the party s address as follows: If to the City: The City of Salida 6

136 Page 136 of E. 1 st Street, Ste 112 Salida, CO If to PSCo: Xcel Energy 1123 West 3rd ve. Denver, CO ttention: Manager, Outdoor Lighting with required copy to: Xcel Energy 1800 Larimer Street, Suite 1100 Denver, CO ttention: Real Estate Lead ttorney or to such other address as such party, by ten (10) days prior written notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two (2) addresses. ny notice given in any other manner shall be effective only upon receipt by the addressee. 14. General Provisions. (a) Nothing herein contained shall be construed as affecting the rights or privileges previously granted by PSCo, by contract or otherwise, to others not parties to this greement, to use any Pole covered by this greement, and PSCo retains the right to continue, extend, and grant such rights or privileges. The attachment privileges herein granted shall at all times be subject to such existing and future contracts and arrangements. (b) This greement incorporates all agreements and stipulations between PSCo and the City as to the attachment of Ornamental Pole ttachments to Poles and no prior representations, course of conduct, or statements, verbal or written, shall modify, supplement or change the terms of this greement. (c) This greement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to principles of conflict of laws. This greement is subject to the terms of PSCo s tariff on file with the Colorado Public Utilities Commission, as amended from time to time. (d) The City s covenants, agreements, releases and indemnity obligations shall survive the expiration or termination of this greement. (e) Time is of the essence of this greement. (f) The title and section headings contained in this greement are for purposes of reference only and shall not limit or define the meaning of any of the terms or provisions hereof. 7

137 Page 137 of 178 The exhibits referenced in this greement, as the same may be amended as provided herein, shall be deemed incorporated into this greement in their entirety. PUBLIC SERVICE COMPNY OF COLORDO, a Colorado corporation Signature: Name (printed or typed): Title CITY: Signature: Name (printed or typed): Jim Dickson Title: Mayor 8

138 Page 138 of 178 EXHIBIT IDENTIFICTION OF POLES 9

139 t ve Bl v d 331 cha Mac Witty Park Po n to Cres Monarch Spur Trail 317 Decorative Light Fo ur th St h St Se co nd 121 St St rd Th i Downtown Lighting Plan lpine Park ts t Fir s Created by the Salida Planning Department 528 May St ck e tt /2 Sa C Fi ft B G St v e Th ird St. 305 t fdafasd St Fi rst S et t 203 E ck Sa St F Co R d 133 D r St H e r ve Ri as ns ka r sid Holiday Decorations Monarch Spur Park Riverside Park Decorative Lights H i ll ve ne 115 Cobra Lights St 232 B St Downtown Lighting Type rkansas River White Water Park and Greenway Salida Downtown Historic District St C St 132 nd co Se D Local Historic Landmark St St st Fir t Historic Protection rkansas Rriver et ck Sa JS City Parks 131 t IS May 19, 2015 City Council Packet Page 139 of Legend D ES t FS t. Cobra Light Miles

140 Page 140 of 178 Salida, Downtown - Exhibit corn & Steel Davit Poles are approved to hang banners. Street lights attached to wood poles, with wire attached to the pole, are not approved to hang bann GIS ID Pole Grid # Street Light Location 9E50N West Sackett venue & G Street 9E50N G Street & West Sackett venue 9E50N West Sackett venue & G Street 9E50N G Street & West Sackett venue 9E50N West Sackett venue between G Street & F Street 9E50N West Sackett venue between G Street & F Street 9E50N West Sackett venue & F St 9E50N West Sackett venue between G Street & F Street 9E50N G Street & West Sackett venue 9E50N G Street between 1st Street & West Sackett venue 9E50N G Street between 1st Street & West Sackett venue 9E50N G Street & 1st Street 9E50N F Street & West Sackett venue 9E50N F Street & West Sackett venue 9E50N F Street & West Sackett venue 9E50N F Street & West Sackett venue 9E50N F Street & E. Sackett venue 9E50N F Street between First Street & West Sackett venue 9E50N E. Sackett venue between N. F Street & N. E Street 9E50N E. Sackett venue between N. F Street & N. E Street 9E50N E. Sackett venue between N. F Street & N. E Street 9E50N E. Sackett venue between N. F Street & N. E Street 9E50N E Street & Sackett venue 9E50N E Street between 1st Street & E. Sackett venue 9E50N E Street & 1st Street 9E50N G Street & 1st Street 9E50N st Street & G Street 9E50N st Street between G Street & F Street 9E50N st Street between G Street & F Street 9E50N st Street between G Street & F Street 9E50N32?????? -?? 1st Street between G Street & F Street 9E50N st Street between G Street & F Street 9E50N F Street between 1st Street & West Sackett venue 9E50N F Street between 1st Street & West Sackett venue 9E50N F Street between 1st Street & West Sackett venue 9E50N F Street between 1st Street & West Sackett venue 9E50N F Street between 1st Street & West Sackett venue 9E50N F Street & 1st Street 9E50N F Street & 1st Street 9E50N st Street between F Street & E Street 9E50N st Street between F Street & E Street 9E50N st Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N st Street between G Street & F Street 9E50N F Street between 2nd Street & First Street 9E50N F Street between 2nd Street & First Street

141 9E50N F Street between 2nd Street & First Street 9E50N F Street between 2nd Street & First Street 9E50N F Street between 2nd Street & First Street 9E50N F Street between 2nd Street & First Street 9E50N F Street & 2nd Street 9E50N nd Street & F Street 9E50N nd Street & F Street 9E50N st Street between F Street & E Street 9E50N st Street between F Street & E Street 9E50N st Street between F Street & E Street 9E50N E Street & First Street 9E50N E Street between 2nd Street & First Street 9E50N E. Street between 2nd Street & First Street 9E50N E Street between First Street & 2nd Street 9E50N E Street between First Street & 2nd Street 9E50N E Street & 2nd Street 9E50N E Street & 2nd Street 9E50N nd Street & F Street 9E50N nd Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N nd Street between F Street & E Street 9E50N nd Street & E Street 49N9E E Street and 2nd Street 9E50N E Street & 1st Street 49N9E E Street between 2nd & 3rd Street 49N9E E Street and 3rd Street 49N9E E Street and 3rd Street 49N9E E Street and 3rd Street 9E50N G Street & 2nd Street 9E50N G Street & 2nd Street 9E50N G Street & 2nd Street 9E50N G Street & 2nd Street 9E50N G Street between 2nd & 3rd Street 9E50N First Street & G Street 9E50N G Street & 1st Street 9E50N G Street between 1st & 2nd Street 9E50N G Street between 1st & 2nd Street 9E50N First Street & G Street 9E50N G Street & 1st Street 9E50N G Street between 1st & 2nd Street 9E50N nd Street between G Street & F Street 9E50N nd Street between G Street & F Street 9E50N F Street between 3rd & 2nd Street 9E50N nd Street & F Street 9E50N F Street between 3rd & 2nd Street 9E50N F Street between 3rd & 2nd Street 9E50N F Street between 3rd & 2nd Street 9E50N F Street between 3rd & 2nd Street 49N9E F Street between 3rd & 2nd Street 9E50N F Street between 3rd & 2nd Street May 19, 2015 City Council Packet Page 141 of 178

142 49N9E rd Street & F Street 49N9E rd Street & F Street 49N9E rd Street between F & E Street 49N9E rd Street between F & E Street 49N9E rd Street between F & E Street 49N9E rd Street between F & E Street 49N9E rd Street between F & E Street 49N9E E Street and 3rd Street 49N9E rd Street between F & E Street 49N9E Fourth Street & G Street 9E50N G Street between 2nd & 3rd Street 9E50N G Street between 2nd & 3rd Street 9E50N G Street between 2nd & 3rd Street 9E50N G Street between 2nd & 3rd Street 9E50N rd Street between G & F Street 9E50N rd Street between G & F Street 49N9E rd Street between G & F Street 49N9E rd Street between G & F Street 9E50N rd Street between G & F Street 49N9E F Street & Fourth Street 49N9E F Street & Fourth Street 49N9E F Street & Fourth Street 49N9E F Street & Fourth Street ? 89-32? F Street & Fourth Street 49N9E Fourth Street & F Street 49N9E Fourth Street & F Street 49N9E F Street & Fourth Street 49N9E Fourth Street & E Street 9E50N E Street & 2nd Street rd Street & H Street May 19, 2015 City Council Packet Page 142 of 178

143 ners. May 19, 2015 City Council Packet Page 143 of 178

144 WLNUT ST Xcel Lamps on Hwy 50 May 19, 2015 City Council Packet Page 144 of 178 TRILSIDE CI NGEL VIEW CI 13TH ST CHIPET TR 10TH ST H ST 7TH ST D ST 6TH ST C ST PRK V 4TH ST B ST DODGE ST 3RD ST VINE ST SCOTT ST HOLMN V L ST K ST 15TH ST I ST J ST 16TH ST 12TH ST G ST H ST 14TH ST 11TH ST F ST 12TH ST 12TH ST STH 50 12TH ST 13TH ST D ST C ST E ST NEW ST 9TH ST C ST STTE ST 8TH ST MILFORD ST B ST TELLER ST JONES V BLKE ST ILLINOIS V PLMER ST MXWELL ST HUNT ST ILLINOIS V CLDWELL V CHILCOTT ST NICHOLLS V VINE ST WLNUT ST ILLINOIS V STH 291 ELM DR SCOTT ST SCOTT ST Cty Rd Legend Salida_Streets_Master Hwy_50_lighting

145 Page 145 of 178 Salida, Rainbow Boulevard - Exhibit corn & Steel Davit Poles are approved to hang banners. Street lights attached to wood poles, with wire attached to the pole, are not approved to hang banners. Pole Grid # Street Light Location Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard ` Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard Rainbow Boulevard

146 Page 146 of 178 EXHIBIT B SPECIFICTIONS 10

147 Page 147 of 178 City of Salida Exhibit B City of Salida pproval Packet

148 2-Point Banner May 19, 2015 City Council Packet Page 148 of 178 BNNER CRITERI FOR TTCHMENT TO LL STREETLIGHT POLES Banner Dimensions Max banner area and EP is determined by streetlight installation. (pole/arm/luminaire) 4-Point Banner Note 7 Note 1 Note 3 Note 2 City of Salida 3-Point Banner Note 4 Note 3 Note 2 Note 6 Note 1 2-point, 3-point and 4-point attachment banners are all acceptable. These are just examples. Other banner configurations are possible. Notes: 1. Required: Banner must attach to the pole without damaging the paint, galvanization or other surface protection. Drilling or scratching of the surface is not allowed. Banding of banner mounting bracket is preferred. Banner mountings may not be permanently attached to poles. 2. Recommended: Banner arm bracket attachments that have spring arms to shed wind loading during high wind conditions to reduce pole loading. 3. Recommended: Banner arms that flex under wind loading to reduce pole loading during high wind conditions. 4. Recommended: Slits in banner material to allow air through the banner and reduce loading during high wind conditions. 5. Recommended: Banners to be made of fabric/cloth or fabric/cloth like material. 6. Required: Spacing between pole and banner will be determined by banner bracket manufacturer with a maximum of 4 inches allowed. 7. Required: Must have provision to keep banner in place on arm and to prevent banner from sliding to end of the arm. SM N/ N/ JD N/ N/ 1 of 1

149 Page 149 of 178 LLOWBLE TTCHMENT CRITERI PEDESTRIN CORN POLE EXMPLE Loading Zone ssuming corn Luminaire *Other configurations require luminaire and site specific calculation and will vary from what is shown* Must calculate for individual pole, arm, and luminaire combo for max EP and weight City of Salida Loading Zone C Banner Dimensions Max Width: 1.5 ft Max rea: 3 sq ft Max EP: 4.2 sq ft Manufacturers Reviewed Sternberg Lighting 1-1/2 ft Max. Center of banner must be no higher than 13-1/2 ft for criteria to be valid 4 in Max Recommended banner be above 7 ft minimum from ground level No Banner(s) above this height Loading Zone C 14-1/2 ft Max Height Max rea: 3 sq ft Max EP: 4.2 sq ft Max Weight: 5 lbs Street Side Notes: 1. Pole must not have any arms. Double or Single arm poles shall not have any attachments. 2. No breakaway T-base or breakaway bolts. 3. ssumes pole is new; corrosion and age will compromise the pole's integrity and will decrease maximum loading. 4. Pole must be aluminum. Other materials (e.g., Fiberglass, etc.) cannot support attachments. 5. Effective Projected rea (EP) must be supplied by the attacher. Xcel Energy will not calculate. 6. No attachment to any poles with overhead wires. 7. Typical pedestrian pole is only 10', 12', or 14'. 8. Due to SHTO bridge loading criteria, banner attachments are not allowed on poles that are mounted on bridges or overpasses. SM N/ N/ JD N/ N/ 1 of 1

150 City of Salida Notes: 1. Pole must be single arm, not double arm. Double arm poles shall not have any attachments. 2. The pole cannot be mounted on a breakaway Transformer base (T-base) or breakaway bolts. 3. Generally, it is assumed all attachments are in the same loading zone. The limits for that zone assume no other attachments exist in any other zone. If more than 1 zone must be used, contact Outdoor Lighting. (e.g., if a device is in Zone B, Zone and C cannot have attachments). The loading is not cumulative, attachment can be in Zone, OR Zone B, OR Zone C. 4. ssumes pole is new; corrosion and age will compromise the pole's integrity and will decrease maximum loading. 5. Pole must be steel. Other materials (e.g., luminum, Fiberglass, etc.) cannot support attachments. 6. Effective Projected rea (EP) must be supplied by the attacher. Xcel Energy will not calculate. 7. No attachment to steel poles with overhead wires. 8. Max luminaire arm length is 10 ft. 9. Due to SHTO bridge loading criteria, banner attachments are not allowed on poles that are mounted on bridges or overpasses. Loading Zone C Banner Dimensions Max Width: 3 ft Max rea: 15 sq ft Max EP: 21 sq ft Loading Zone ssuming Flat Lens Cobra *Other configurations require luminaire and site specific calculation and will vary from what is shown* Center of banner must be no higher than 13-1/2 ft for criteria to be valid 3 ft Max Max EP: 0.9 sq ft - Max Weight: 20 lbs Loading Zone * Loading Zone B* Max EP: 5.24 sq ft Max Weight: 117 lbs No Banner(s) above this height Loading Zone C 16-1/2 ft Max Height 4 in Max May 19, 2015 City Council Packet Page 150 of 178 LLOWBLE TTCHMENT CRITERI FLT LENS COBR HED EXMPLE Must calculate for individual pole, arm, and luminaire combo for max EP and weight. Max rea: 15 sq ft Max EP: 21 sq ft Max Weight: 117 lbs Two bolt style Recommended banner be above 7 ft minimum from ground level Manufacturers Reviewed Union Metal Street Side SM N/ N/ JD N/ N/ 1 of 1

151 Page 151 of 178 EXHIBIT C CONTRCTOR GREEMENT Not included as City does not plan to use a Contractor. 11

152 Page 152 of 178 EXHIBIT D-1 INSURNCE REQUIREMENTS 1. The City and its contractors, subcontractors and consultants (collectively the City ) shall purchase and maintain the insurance coverage listed below and the City shall provide evidence of all such insurance to Public Service Company of Colorado, a Colorado corporation ( PSCo ) upon the execution of this greement, but in all events prior to any Ornamental Pole ttachment being attached to a Pole (the Work ). Such insurance shall be as specified below and all insurance companies shall be rated -7 or better by.m. Best rating services, and for coverage not less than: a. Worker s Compensation at statutory limits for the state of hire or operations. b. Employer s Liability, including other state s insurance and voluntary compensation, as follows: Bodily Injury Limits by ccident at one million dollars ($1,000,000) per accident; Bodily Injury Limits by Disease at one million dollars ($1,000,000) policy limit and Bodily Injury by Disease at one million dollars ($1,000,000) per employee. c. Commercial General Liability, including Products and Completed Operations and Property Damage Liability on the CG (10 01) and CG (10 01) or equivalent on an occurrence form, with limits of not less than two million dollars ($2,000,000) per occurrence and ten million dollars ($10,000,000) in the aggregate, which can be achieved with a combination of General Liability and Umbrella Limits. Umbrella or Excess must name PSCo as an additional insured. d. Commercial utomobile Liability, with a combined single limit of not less than one million dollars ($1,000,000), including, but not limited to, coverage for: owned vehicles, nonowned vehicles, and hired vehicles. e. Contractual liability to cover liability assumed under the foregoing greement. 2. ll dollar amounts of coverage set forth above shall be per occurrence. The policies described herein shall (i) be endorsed to show that the insurers waive subrogation against PSCo, its affiliates, directors, officers and employees, (ii) be written so that the insurance is primary and non-contributory (iii) contain dditional Insured Status on Commercial General Liability, and Commercial utomobile Liability. 3. Certificates of insurance acceptable to PSCo shall be filed with PSCo prior to commencement of the Work, and each renewal period for the Work. These certificates shall contain a provision that in the event coverage afforded under the policies are canceled or materially change/altered, the insurer will provide thirty (30) days written notice to PSCo. Notwithstanding the foregoing, the City has a continuing obligation to provide the insurance coverage described herein and none of the insurance required herein shall be canceled, or allowed to lapse until the City s obligations under the greement have been completed. Notices shall be sent to PSCo at the following address: Xcel Energy 1123 West 3rd ve. Denver, CO ttention: Manager, Outdoor Lighting 4. Insurance specified herein shall be minimum requirements and the City is responsible for providing any additional insurance deemed necessary to protect the interests of both the City and PSCo from other hazards or claims in excess of the minimum coverage. The liability of the City is not limited to available insurance coverage. 12

153 Page 153 of 178 EXHIBIT D-2 COVERGE LIMITS 13

154 Page 154 of 178 EXHIBIT E SSUMPTION GREEMENT This ssumption greement is executed as of, 20 by the undersigned ( Permittee ) for the benefit of Public Service Company of Colorado, a Colorado corporation ( PSCo ). 1. Permittee has requested permission from the City of Salida, a municipal corporation of the State of Colorado (the City ) to attach, maintain and remove an Ornamental Pole ttachment to a Pole as a Permittee of the City under that certain Joint Use greement Regarding Street Light Poles Owned By Public Service Company of Colorado (the greement ) entered into between PSCo and the City. Capitalized terms used herein and not otherwise defined shall have the meanings given in the greement. 2. PSCo s agreement to allow the use of its Poles for Ornamental Pole ttachments by the City pursuant to the greement, and PSCo s consent to Permittee s use of the Poles, is conditioned on Permittee executing and delivering this ssumption greement to PSCo prior to any use of the Poles by Permittee. 3. s used herein Claims means: ny and all loss, expense, damage, injury, liability or claims, whether in law or equity, of any person or entity, however caused, resulting or alleged to result, directly or indirectly from, out of, or related to the attachment, maintenance and/or removal of any Ornamental Pole ttachment by or on behalf of Permittee, including, without limitation, claims for injury or death to employees or subcontractors of Contractor or the City, claims arising from, alleged to arise from, or related to, any injury allegedly or actually occurring, relating to the effects of electromagnetic fields, stray current or induced current. Now therefore, in consideration of the agreements of PSCo referenced herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Permittee hereby:. cknowledges receipt of a true and complete copy of the greement; B. ssumes and agrees to be bound by each of the terms and conditions of the greement which are applicable to the City; C. cknowledges that it has acquired no rights in the Poles or rights to enforce any provisions of the greement against PSCo; D. Releases, waives and discharges PSCo, its affiliates, agents, contractors and employees, and successors and assigns under the greement, from any and all liability of any kind whatsoever for any and all Claims, and Permittee hereby agrees to defend, indemnify and save PSCo, its officers, agents and employees harmless from and against liability for any and all Claims, including without limitation, fines, penalties, costs, attorneys fees, damages, actions, or responsibilities imposed upon or incurred by PSCo, along with attorneys fees incurred by PSCo in connection with the enforcement of this ssumption greement; and E. grees to purchase and maintain commercial general liability insurance covering its obligations under this ssumption greement in accordance with the terms of the Exhibit D- 2 of the greement, naming PSCo as an additional insured. Permittee: Signature: Name (printed or typed): Title 14

155 Page 155 of 178 CITY COUNCIL GEND ITEM MEETING DTE: GEND ITEM TITLE: PRESENTED BY: GEND SECTION: May 19, 2015 Review Madison Housee Presents Event Plan Dara MacDonald, City dministrator Scheduled Items REQUEST: To obtain City Council feedback on the Event Plan submitted by Madison House Presents for the Gentlemenn of the Road Stopover to be held in Salida. BCKGROUND REVIEW: The City Council, Salida Natural Resource Center Development Corporation and Madison House Presents ( MHP ) entered into a Facility Use greement in February allowing MHP to utilize the Vandaveer Ranch for a music festival in ugust, 2015 subject to certain conditions. One of the conditions was the submittal of a site plan or map and a logistical work plan or description the Event Plan. The Eventt Plan files are voluminous and can be reviewed at //cityofsalida.com/projects/2015-special-event-gentlemen-of-the-road- and takedown of salida-stopover/. The Event Plan addresses all matters related to the preparation, conduct, the event. Such matters will include, but not necessarily be limited to, ticketing, camping, backstage/restricted areas, residential accommodations, tenting, offices, staging, crowd control, public address systems, parking, alcoholic beverage services, ingress & egress (including the safe and efficient flow of bicycle, pedestrian, and automotive traffic on and across Highway 50 and between the Event and the Cityy downtownn areas), transportation, utilities connections, emergency services, and pedestrian, bicycle and automotive traffic flow. The Event Plan will designate the restricted entry area for viewing of entertainment taking place at the Vandaveer Property (the Ticketed Music rea ). The Event Plan will provide detailed specifications regarding the location of roads and pathways to be constructed on the Premises and other permanent modifications, (the Permanent Premises Modifications ). The Parties agree that the Parties will convene to discuss the location of roads and pathways and negotiate Permanent Premises Modifications during preparation of the Event Plan and prior to submission of the Event Plan. The Event Plan is subject to review and approval of the City and SNRCDC, which initial review will be completed within 20 days of submissionn and which final review and approval will be completed no later than 15 days thereafter ( Final pproval ). The Owner Parties

156 Page 156 of 178 reserve the unqualified right to reject the Event Plan if it provides for Permanent Premises Modifications for which no agreement has be reached among the Parties. In the event of a rejection of the Event Plan by the Owner Parties, or a failure of the Parties to agree to the Event Plan, including the Permanent Premises Modifications, MHP shall have the option to terminate this greement immediately upon notice to the Owner Parties. Many hours of discussion and planning have gone into the preparation of the Event Plan. There have been numerous meetings between and among emergency service providers, transportation planners, downtown stakeholders, local merchants, Madison House representatives and city staff during the development of the plan. While the plans are comprehensive in many regards, they are still in evolution as planning continues for the festival. The Event Plan was due to the City and SNRCDC on May 4 th and was submitted on May 1 st. City staff have been reviewing the documents and providing comments and questions to MHP since that time. Staff are generally comfortable with what has been submitted and with the responsiveness of MHP to questions and suggested changes. The City hosted a public meeting on Monday, May 11 th to present the highlights of the Event Plan to the public. The materials constituting the Event Plan were posted on the City s website on Tuesday, May 12 th and have been updated as revised materials have been received. ( The Chaffee County Commissioners have already approved a Special Event Permit for the Gentleman of the Road Stopover. CTION: Staff is seeking feedback from the City Council on the Event Plan. Comments are due to MHP by May 21 st, and final review and approval by June 5 th. Staff is planning that review would take place at the regular Council meeting on June 2 nd.

157 Page 157 of 178 CITY COUNCIL GEND ITEM MEETING DTE: May 19, 2015 GEND ITEM TITLE: PRESENTED BY: GEND SECTION: REQUEST: South rkansas pedestrian trail and bridge project Dan Osborn, Community Development Director Scheduled Items To award a contract to Lowry Contracting, Inc.., for the South rkansas pedestrian trail and bridge project. BCKGROUND REVIEW: Public Works through use of contractors is preparing for construction of the South rkansas Pedestrian Trail and Bridge Project. We received 4 valid bids for this project; the lowest responsible bidder was Lowry Contracting, Inc. The bid from Lowry Contracting, Inc.., 7693 US Hwy 285, Salida, CO is for $52, Lowry Contracting, Inc. $52, Y&K Excavation, Inc. $84, valanche Excavating $85, Pridemore Construction $71, Our budget for this project was $40,000 to be funded by Madison House Presents in conjunction with the summer stop over concert. Cost as estimated by Crabtree Group Inc. was $58, The actual total cost including trail construction, bridge and installation, all engineering and testing, and $2, for minor contract revisions and construction is $70, Matt Lamar, L4 Construction, has donated $5, to the bridge project. This leaves a $25, gap in funding. Council could approve additional funding be made available to complete the project. Staff is recommending that the Council award the job at the bid price for up to $52, The estimated $25, of capital expenses will be included in a future 2015 budget amendment. RECOMMENDTION: Council person should make a motion to approve Resolution for $52, for

158 Page 158 of 178 the award of an agreement of the South rkansas Pedestrian Trail and Bridge Project and authorizing the City dministrator to enter into a construction services agreement between the City and Lowry Contracting, Inc. Followed by a second and then a voice vote.

159 Page 159 of 178 CITY OF SLID, COLORDO RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SLID, COLORDO, PPROVING THE WRD OF N GREEMENT FOR THE SOUTH RKNSS PEDESTRIN TRIL ND BRIDGE PROJECT ND UTHORIZING THE CITY DMINISTRTOR TO ENTER INTO CONSTRUCTION SERVICES GREEMENT BETWEEN THE CITY ND LOWRY CONTRCTING, INC. WHERES, the City Council of the City of Salida, Colorado (the City ) has agreed to enter into a contract with LOWRY CONTRCTING INC; and WHERES, the City agrees to pay LOWRY CONTRCTING, INC. the sum of $52, for the SOUTH RKNSS PEDESTRIN TRIL ND BRIDGE PROJECT subject to the terms and conditions of the Construction Services greement to be executed by the parties. NOW THEREFORE, BE IT ORDINED BY THE CITY COUNCIL OF THE CITY OF SLID COLORDO, THT: 1. The Salida City Council incorporates the foregoing recitals as its conclusions, facts, determinations, and findings. 2. The Construction Services greement with LOWRY CONTRCTING, INC. For the SOUTH RKNSS PEDESTRIN TRIL ND BRIDGE PROJECT is hereby approved, and the City dministrator is authorized to sign the contract on behalf of the City. RESOLVED, PPROVED, ND DOPTED this 19th day May, CITY OF SLID, COLORDO By Mayor [SEL] TTEST: City Clerk/Deputy City Clerk

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168 Page 168 of 178 MEETING DTE: May 19, 2015 CITY COUNCIL GEND ITEM GEND ITEM TITLE: PRESENTED BY: City dministrator Report Dara MacDonald, City dministrator Sidewalk Seating The City of Salida has been approached by downtown restaurant owners about options for sidewalk seating adjacent to their storefronts. Owners pointed to a highly successful public/private partnership between the City of Louisville, Colorado, and their Downtown Business ssociation. This partnership developed a program allowing downtown restaurants to occupy and use a portion of right-of-way and sidewalk for the sole purpose of constructing, installing, operating, maintaining and repairing seasonal patios for food and beverage service. Examples below: dministrator Report , Page 1 of 2

169 Page 169 of 178 The Community Development Department generally supports this concept and is seeking direction for a similar partnership in Salida. Staff met with restaurant owners on pril 15 as well as the Salida Business lliance as first steps in this process. On pril 20, 2015 City Council directed staff to hold a public meeting to receive additional public input. Staff held this meeting at the SteamPlant on May 7th, There were approximately 25 attendees. Generally the comments were positive, however there were concerns regarding loss of parking, maintenance, and cost to the City. Comments received are attached. Upcoming meetings 1. May 21 Scout Hut fundraiser, 5:00 7:00, Scout Hut 2. June 30 Quarterly Intergovernmental meeting, Poncha Springs dministrator Report , Page 2 of 2

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