HomeMy WebLinkAbout24-21 Approving Master License Agreement City of Thornton 02-14-2024RESOLUTION NO.24-21
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING A MASTER LICENSE
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CITY OF
THORNTON
WHEREAS, the City of Thornton ("Thornton") owns, operates and maintains a Water Utility
System which includes facilities and fiber equipment which it desires to install, operate maintain,
repair and replace within certain properties ("License Areas ") owned by the Town of Firestone
("Town") subject to a Master License Agreement ("Agreement"); and
WHEREAS, in accordance with the Agreement Thorton's use of the License Areas is subject
to specific terms and conditions, including the requirement that all of Thornton's work shall be in
compliance with all applicable laws and regulations and consistent with the Town's Design
Standards and Construction Specifications and approved by the Town's Engineer; and
WHEREAS, the Agreement also provides that should Thornton lease fiber equipment in the
License Areas to a third party that such shall be subject to a revenue sharing agreement with the
Town; and
WHEREAS, the Agreement further provides that any transfer of ownership by Thomton of
fiber equipment is subject to approval by the Town which also has the Right of First Refusal; and
WHEREAS, Thornton further agrees to maintain the facilities and fiber network in good and
safe working and if deemed necessary by the Town, Thornton shall relocate its facilities and fiber
network at its cost and if any Town Facilities are damaged by Thornton's activities Thornton shall
repair such damage at its sole cost and expense; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Master License Agreement between the Town of Firestone and the City of Thornton is
approved in substantially the same form as the copy attached hereto and made a part of this
resolution and the Mayor is authorized to execute the Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 14`h day of February 2024.
ATT ST:
AA
riam una Gonzalez, Interim Town Clerk
APP VED A ORM:
William P. HayAIVTown Attorney
TOWN OF FIRESTONE, COLORADO
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C.D. No.2024-066
® INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF THORNTON AND
THE TOWN OF FIRESTONE
This Intergovernmental Agreement ("Agreement") is made and entered into
this Jq_ day of F:tZ, 2024, by and between the City of Thornton, a Colorado
home rule municipal corporation ("Thornton") and the Town of Firestone, a statutory
town of the County of Weld ("Firestone"). Thornton and Firestone are also hereinafter
referred to as the "Parties" or separately as a "Party".
WITNESSETH:
WHEREAS, Thornton is in the process of constructing, and plans to operate and
maintain, a water project known as the Thornton Water Project ("TWP"), consisting of
a water pipeline and appurtenances for the purpose of conveying a Thornton -owned
water supply from northern Colorado through Firestone and other parts of Adams
County to Thornton; and
WHEREAS, Firestone desires to lease excess, as -available capacity of the TWP for
delivery of water to the City of Firestone for subsequent use in Firestone's municipal
water supply system; and
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as
Sections 29-1-201, et seq., and 29-20-105 of the Colorado Revised Statutes authorize
and encourage governments to cooperate by contracting with one another for their
mutual benefit.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein,
the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
1. Carriage Contract/Term. For up to ten (10) years after the TWP is put into operation
(the "Initial Tenn"), Thornton hereby agrees to reserve a minimum of five (5) cubic
feet per second (cfs) of excess, as -available, carriage capacity for carriage of
Firestone's water rights in the TWP (regardless of whether Firestone actually uses said
excess capacity) for lease to Firestone pursuant to a separate lease agreement, and
Firestone shall, at all times during the Initial Term, have the right to enter into a lease
agreement with Thornton on terms that substantially match the terms set forth herein,
where applicable, together with any other commercially reasonable terms that are
commonly used in water pipeline capacity leases and which are mutually acceptable to
the Parties ("Lease"). Such "excess capacity" available for lease by Firestone shall be
defined as pipeline capacity available in excess of the pipeline capacity being used by
Thornton. The Parties further affirmatively agree to use best efforts in good faith to
negotiate and enter into such Lease. In the event Firestone and Thornton do not enter
into a Lease during the Initial Term, the Initial Term of this Agreement may be renewed
at Thornton's discretion upon written request by Firestone, however such renewal is
dependent on availability of excess capacity at the time of request. Should the Parties,
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C.D. No. 2024-064
1.5 "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations,
judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other
requirements of the Town or other governmental agency having joint or several jurisdiction
over the Parties to this Agreement.
1.6 "License Area" means Public Right -of -Way and any other real property, including
parkland, open space, or trails, that is owned by the Town.
1.7 "Public Right -of -Way" means the space in, upon, above, along, across, and below the
public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks and
bicycle lanes, including all public rights -of -way, utility easements and public 'service
easements as the same now or may hereafter exist, and Town -owned properties, that are
under the jurisdiction of the Town. This term shall not include Town parkland, open space,
trails, state or federal rights of way, or any property owned by any person or entity other
than the Town, except as provided by applicable Laws orpursuantto an agreement between
the Town and any such person or entity.
2. Grant of License. Owner hereby grants to Licensee a revocable (pursuant to the terms of
Article 3 herein), non-exclusive license ("License") to use the License Area, subject to the terms and
conditions of this Agreement.
3. No Estate Created or Conveyed. It is the express intent of the Parties that the License
granted herein does not create or convey an estate, interest, or claim in or to the License Area, and that
the Licensee's location, construction, and use of Facilities or Fiber Equipment within the License Area
does not create a license coupled with any property interest in or claim to the License Area.
4. No Franchise Granted or Conveyed Nothing in this Agreement shall be deemed to grant
a franchise or other right to utilize the License Area to construct or provide water utility services for the
benefit of customers residing within the Town, construct a gas plant or gas system or provide gas utility
services, construct an electric system, provide electric utility services, construct a cable system or provide
cable or other video programming services, construct a wireless communications facility or provide
wireless communications services, nor permit the Town to collect a franchise fee.
5. Obtaining Reouired Permits. If the installation, operation, maintenance or location of the
Facilities or Fiber Equipment in the License Area shall require any permits, including but not limited to
Right-of-way Permit, Stormwater Quality Permit, and Building Permit, Licensee shall, under applicable
Town ordinances, apply for the appropriate permits and pay any standard and customary permit fees. As
a condition of obtaining anypermit that involves digging or other excavation in the License Area, Licensee
shall physically identify the horizontal and: vertical Iocations of any other existing underground utility or
other facilities in the License Area in the proximity of the proposed work area and illustrate such locations
on plan and profile drawings also illustrating the proposed Facilities and Fiber Equipment. Approval of
such permits shall be timely and shall not be unreasonably withheld by Town.
6.
("Permitted
Agreement.
tted Users. Licensee's affiliates, employees, contractors, agents, and representatives
may use the License, provided that all such uses shall be within the scope of this
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7. Scope of Use Agreement. Any and all rights expressly granted to Licensee under this
Agreement, which shall be exercised at Licensee's sole cost and expense, shall be subject to the Town's
lawful exercise of its police powers and the prior and continuing right of the Town under applicable Laws
to use any and all parts of the License Area exclusively or concurrently with any other person or entity
and shalt be fitrther subject to all deeds, easements, dedications, conditions, covenants, restrictions,.leases,
licenses, permits, franchises, encumbrances, and claims of title of record which may affect the License
Area. Any work performed pursuant to the rights granted under this Agreement shall be subject to the
reasonable priorlreview and approval of the Town and shall conform with applicable Laws.
ARTICLE 2. USE OF LICENSE AREA
1. Permitted Use. The License Area may be used by the Licensee for the sole and exclusive
purpose of accessing, locating, constructing, installing, operating, maintaining, repairing, removing, and
replacing the Facilities and Fiber Equipment. Thornton shall provide to Town at least seven (7) days
advance notice of any routine repairs or maintenance of the Facilities and Fiber Equipment and notice
within 48 hours after any emergency work on the Facilities.
1.1 No Interference. Licensee in the performance and exercise of its rights and obligations
tinder this Agreement shall not interfere in any manner with the existence and operation of
any and all public and private rights of way (except in the case where Licensee's rights are
prior or superior to such private right of way), sanitary sewers, water mains, storm drains,
gas mains, poles, aerial and underground electrical and telephone wires, cable television,
and other communications, utility, or municipal property, without the express written
approval of the owner or owners of the affected property or properties, except as permitted
by applicable Laws or this Agreement.
2. Plan and Profile. Licensee shall provide Town with plans and profiles for the construction
and installation lof the Facilities in the License Area consistent with Town's Design Standards and
Construction Specifications for Public Improvements at least thirty (30) days in advance of any proposed
construction. The Town Engineer shall review and approve the plans and profiles in writing before
Licensee begins the installation of such Facilities. The Town Engineer may require reasonable
modifications to such plans and specifications prior to approval thereoforissuance of any appropriate permits.
Any proposed changes to the approved plans and specifications shall be submitted to the Town for review
and approval in writing prior to making such changes. Any required approvals pursuant to this paragraph
will be timely provided, and will not be unreasonably withheld by Town. Town Engineer's review will be
limited to whether the Facilities and Fiber Equipment are consistent with Town's Design Standards and
Construction Specifications for Public Improvements as well as all applicable federal, State, and City
technical specifications and requirements related to the construction, installation, operation, maintenance,
and control of the Fiber Equipment. In addition:
2.1
3._
accordance witl
installation of si
involve digging
ities and Fiber Equipment shall have a minimum ten feet (10') of horizontal clearance
Town's underground water facilities existing at the time of installation of the
)mnliance with Plan and Profile. The Facilities and Fiber Equipment shall be installed in
the plans and specifications approved by the Town Engineer prior to beginning the
;h Facilities and Fiber Equipment, and any appropriate permits issued by the Town that
r other excavation in the License Area.
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4.
with all a
4
All work approved by the Town shall be completed in compliance
5.1 Except for the Facilities and Fiber Equipment specifically authorized by Owner, Licensee
shall not place, build, erect, or add any structures, facilities, improvements or other items on,
under, over or across the License Area.
5.2 Any changes, expansions or alterations in any way to the Facilities or Fiber Equipment
shall require additional advance approval by Owner.
5.3 Licensee's use of the License Area shall be subject to all existing utility easements, if any,
located on, under, or above the License Area.
5.4. Licensee acknowledges that the use hereunder is of the License Area in its present, as -is
condition with all faults, whether patent or Iatent, and without warranties or covenants,
express or implied. Licensee acknowledges that Owner shall have no obligation to repair,
replace, or improve any portion of the License Area in order to make the License Area
suitable for Licensee's intended uses.
5.5 Non-exclusive Use. Licensee acknowledges that this Agreement does not provide
Licensee with exclusive use of the License Area and that Town shall have the right to
permit other providers of utility services to install equipment or facilities in the License
Area so long as such installed equipment or facilities do not interfere with or endanger
Licensee's existing Facilities or Fiber Equipment or curtail or materially affect Licensee's
full enjoyment of the rights granted pursuant to this License.
6. Utility Notification Center. Licensee is a tier 1 member of the Utility Notification Center
and agrees that prior to undertaking any work pursuant to this Agreement Licensee shall comply with and
adhere to local 1procedures, customs and practices relating to the one call locator service program
established in C.R.S. Section 9-1.5-101, et seq., as such may be amended from time to time.
ARTICLE 3. TERM AND TERMINATION
1. The initial tenn of this Agreement shall commence on the Effective Date, and shall extend
for a term of ten (10) years commencing on the Installation Date, unless terminated by either Party in
accordance with) the provisions herein ("Initial Term"). This Agreement will automatically renew for
successive (10) year terms ("Renewal Term") upon the expiration of the Initial Term and any Renewal
Term, unless earlier terminated as provided herein or a written notice of non -renewal is given by Licensee
to Licensor at least thirty (30) calendar days prior to the expiration of the Term then in effect.
2. The Town may terminate this Agreement by delivering thirty (30) days advance written
notice to Licensee if Licensee removes and does not replace the Facilities or Fiber Equipment, abandons
its use or operation of the Facilities or Fiber Equipment, or otherwise abandons its use and enjoyment of
the License Area pursuant to the rights granted herein.
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3. Either Party may terminate this Agreement if the other Party defaults in the performance
of any of its obligations hereunder and fails to cure such default within thirty (30) days following the
giving ofwrittea notice by the other party ("Cure Period"), unless such Cure Period is extended by mutual
agreement of the Parties.
4. In the event of termination, Licensee shall not be compensated by Town for the cost of
removal of Licensee's Facilities from the License Area.
5. RemovaI Of Facilities and Fiber Equipment Upon Termination. Upon termination of this
Agreement, the Parties agree that Licensee shall cut, clean, and remove all Licensee's Facilities and Fiber
Equipment located in the License Area, unless such removal of Licensee's Facilities or Fiber Equipment
is waived by the Town in its sole discretion, in which case Licensee shall cap and structurally fill any
underground pipeline installed within the License Area.
ARTICLE 4. RESERVATION OF RIGHTS
1. Owner reserves all other rights in and to the License Area, including the Town's lawful
exercise of its police powers and the prior and continuing right of the Town under applicable Iaws to use
and occupy any land all parts of the License Area exclusively or concurrently with any other person or
entity for any purposes whatsoever, including without limitation, other utilities and utility crossings,
irrigation systerris, landscaping, vehicular and pedestrian access, or any other surface or underground
improvements; provided, however, that trees shall not be installed within 15 feet of the Facilities, and that
any new underground utilities, facilities or other improvements are not installed or located within twenty-
four inches above (vertically) and ten feet on either side of (horizontally) the centerline of the underground
water pipeline.
2. Should the Facilities or Fiber Equipment, for any reason, impede, restrict or limit in any
manner whatsoever Owner's use of the License Area other than as otherwise allowed herein, Licensee shall
be responsible for any incremental cost incurred by the Town to bypass or to avoid disturbing the Facilities
or Fiber Equipment when designing, constructing, installing, or modifying any future Town -owned
improvements within the License Area.
3. 1
Owner's use of
Owner, unless s
contractors.
1. I
Area will be ust
excess capacity
counties, cities,
parties (each an
making excess
whereby both L
terms and condil
nsee's loss of use of the Facilities or Fiber Equipment arising out of or relating to the
License Area shall not entitle Licensee to any compensation for damages or loss from
loss is the result of negligence or willful misconduct of Town, its employees, agents, or
ARTICLE 5. LEASES OF FIBER EQUIPMENT
ensee recognizes and acknowledges that use of the Fiber Equipment within the License
in accordance with the terms and conditions of this Agreement. Licensee may make
provide fiber strands in the Fiber Equipment to other governmental entities including
id including institutions of higher education, or political subdivisions, or to private
ntity"), provided Licensee executes an agreement with said Entity prior to the Licensee
)acity available to or providing fiber strands in the Fiber Equipment to any Entity,
msee and said Entity explicitly acknowledge, affirm and agree to the aforementioned
as in this Agreement, and f irtherprovided that Licensee provide a copy of said executed
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agreement to thei Town within fifteen (15) days of the execution date of said agreement. Furthermore, the
Licensee making excess capacity or providing fiber strands in the Fiber Equipment to any Entity shall not
relieve Licensee from any and all of its responsibilities and obligations assumed by this Agreement, or
from complete and proper fulfillment of the terms and conditions of this Agreement, neither does it require
that Town treat any Entity as a party to this Agreement or compensate Licensee for damages or loss, in
any manner whatsoever, due by reason of Licensee making excess capacity or providing fiber strands in
the Fiber Equipment to any Entity.
2. Revenue -Sharing. As of the date of this agreement Licensee has no plans to lease Fiber
Equipment to an outside provider or other third party. Licensee plans to utilize the Facilities,
including associated fiber optic equipment, for purposes related to the municipal water pipeline
project described herein, and therefore no revenue is expected to be generated. Prior to Licensee
leasing or otherwise allowing use of the Fiber Equipment by any third party in exchange for
compensation, and/or any revenue being realized by the city as a result of third party use of the
Fiber Equipment, Licensee shall enter in good faith an agreement providing for the sharing with
the Town of, at minimum, 20% of any and all revenue, payments, receipts, charges, fees, or income
of any kind accruing to Licensee from an Entity's lease or use of the Fiber Equipment, during the
entire term of such Entity's lease or use of the Fiber Equipment.
3.
3.1 1 this Section, the following words have the meanings indicated:
3.1.1 "Proposed Transferee" means a proposed purchaser, transferee, assignee or person
acquiring ownership or control of the Licensee's title or ownership of any Fiber
Equipment located in the License Area.
3.2 Subject to Subsection 3.3, the Licensee shall not sell, transfer, assign, or dispose of, in
whole or in part, either by forced or involuntary sale, or by ordinary sale, contract,
consolidation or otherwise, the Licensee's riglit, title and interest of any kind or nature
whatsoever with respect to the Fiber Equipment located in the License Area, without the
pnor consent ofthe Town, except that such consent shall notberequired for sales, transfers,
oir disposals to any parent, subsidiary, affiliate or any person, firm or corporation that shall
control, or be under common control, with the Licensee. The consent requiredby the Town
shall not be unreasonably withheld or delayed, but may be conditioned upon the
performance of those requirements necessary to ensure compliance with the specific
obligations of this Agreement imposed upon the Licensee by Town. Licensee shall provide
written notice to the Town of the details of any transaction described herein that requires
Town consent at least 30 business days before the effective date of any such proposed
3.3
;ensee grants to the Town a right of first refusal to acquire all right, title and interest of
y kind or nature whatsoever with respect to the Fiber Equipment located in the License
ea. Except for those transactions that do not require Town consent as described in
bsection 9.2 above, Licensee will not sell, transfer, convey, assign or dispose of its title
ownership rights in the Fiber Equipment without first offering such interests to the Town
purchase at fair market value. The right of first refusal granted to the Town shall be
nored by Licensee and exercised in the following manner:
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If Licensee receives a bona fide offer to purchase or otherwise acquire title to its
Fiber Equipment, or any part thereof, from a proposed transferee, any contract
which may be entered into between the Licensee and such proposed transferee shall
specifically provide that the transaction shall be subject to the right of first
refusal set forth in this Agreement. No later than 60 business days after the
Licensee receives an offer to purchase its Fiber Equipment from a proposed
transferee, Licensee shall submit to the Town a term sheet, containing the same
terms and conditions as the proposed transferee's offer, counter-offer or as stated
in the purchase and sale contract with the proposed transferee, except if and to the
extent that the Licensee may be prohibited by law to disclose any such information.
If the Town accepts such offer in writing no later than 30 business days after receipt
of the Licensee's offer, then it shall close upon such interests within 180 calendar
days after the date on which the Licensee received the Town's written acceptance.
If the Licensee does not receive the Town's written acceptance within the time
required above, or the Town rejects the Licensee's offer, then the Licensee shall
have the right to consummate the proposed sale and conveyance with the same
proposed transferee and the Licensee has no further obligation to the Town with
respect to the proposed transaction with the proposed transferee.
If the proposed sale and conveyance to the same proposed transferee is not
consummated, the Town's right of first refusal shall not be deemed waived or
cancelled, but shall remain in full force and effect.
The Town's right of first refusal set forth in this Subsection 3.3 remains in effect
for as long as the Licensee owns the Fiber Equipment with respect to any
subsequent proposed transactions.
3A Iu seeking the Town's consent to any change in ownership, Licensee shall indicate whether
iti has failed to comply with any provision of this Agreement at any point during the term
of this Agreement.
3.5 The consent or approval of the Town to transfer by the Licensee does not constitute a
waiver or release of the rights of the Town in or to its License Area or easements and any
transfer shall by its own terms be expressly subject to the terms and conditions of this
4. Abandonment of Equipment. Upon the expiration or termination of this Agreement,
Licensee may decide, in its sole discretion, to leave the Fiber Equipment in place as is and transfer its
ownership of the Fiber Equipment to Town. To do so, Licensee shall send written notice to the Town of
its intent to transfer ownership of the Fiber Equipment within 30 calendar days of the date of expiration
or termination, and then execute and deliver to the Town bills of sale and such other documents necessary
to effectuate such transfer of ownership to the Town within 30 business days of the Town's receipt of
written notice. Licensee must exercise the option provided herein, within six (6) calendar months of the
date of termination or expiration of this Agreement. The Town shall notify Licensee when it has one (1)
calendar month remaining before the 6-month timeframe for abandonment expires. The Town's failure to
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notify Licensee shall not toll or otherwise affect the running of the 6-month time frame for abandonment.
If the Licensee fails to affirmatively abandon its Fiber Equipment pursuant to this section within this 6-
month timeframe, then Licensee will be deemed to have remised, released, quitclaimed, and sold to the
Town all title and ownership in any Fiber Equipment remaining in the License Area, and the permanent
abandonment inlplace and transfer of ownership of that Fiber Equipment shall automatically vest in the
Town without necessity of an additional agreement or instruments of conveyance.
6. MAINTENANCE; RELOCATION AND DISPLACEMENT; DAMAGE
AND RESTORATION
1.1 Licensee agrees to take such actions, at its sole expense, as are necessary to maintain the
Facilities and Fiber Equipment in good and safe working condition at all times. Licensee
fuurther agrees to comply at all times with all applicable Laws in Licensee's use and occupancy
of the License Area when performing any maintenance, repair, or monitoring activities.
1.2 I the exercise of its rights pursuant to this Agreement, Licensee shall avoid any damage
or interference with any Town installations, structures, utilities, or improvements on,
under, or adjacent to the License Area.
2. Relocation and Displacement of Facilities. Licensee understands and acknowledges that
Town may require Licensee to relocate one or more of its Facilities, if Town reasonably determines that
the relocation is needed for any of the following purposes: (a) if relocation is necessary for the
construction, completion repair, relocation, or maintenance of a Town facility or Public Right -of -Way;
(b) because the Ifacilities are interfering with or adversely affecting proper operation of street lights, traffic
signals, governmental communications networks or other Town property uses in existence as of the date
of this Agreement; or (c) if relocation is necessary to protect or preserve the public health or safety. In
any such case. Town shall use its best efforts to avoid construction of Town facilities that may require
relocation of the Facilities (but shall not be required to incur additional or unreasonable financial costs).
In the event construction of Town facilities cannot be completed without relocation of the Facilities, Town
shall use its best efforts (but shall not be required to incur additional or unreasonable financial costs) to
afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Facilities
as requested by the Town within one hundred and eighty (180) days after the above -referenced notice in
accordance wfthlthe foregoing provision, Town shall be entitled to relocate the Facilities at the Licensee's
sole cost and expense, without further notice to the Licensee. To the extent the Town has actual knowledge
thereof, the Town will attempt promptly to inform Licensee of the displacement or removal of Facilities.
3. Relocation and Displacement ofFiber Equinment. Licensee understands and acknowledges
that Town may require Licensee to relocate one or more of its Fiber Equipment installations. Licensee
shall at Town's direction relocate such Fiber Equipment at Licensee's sole cost and expense not later than
one hundred and eighty (180) days after receiving written notice that the Town reasonably determines that
the relocation is !needed for any of the following purposes: (a) if required for the construction, completion,
repair, relocation, or maintenance of a Town facility or public right-of-way; (b) because the Fiber
Equipment is interfering with or adversely affecting proper operation of street lights, traffic signals,
governmental communications networks or other Town property; or (c) to protect or preserve the public
health or safety. In any such case, Town shall use its best efforts (but shall not be required to incur
financial costs) to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to
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relocate any Fiber Equipment as requested by the Town within one hundred and twenty. (120) days after
the above -referenced notice in accordance with the foregoing provision, Town shall be entitled to relocate
the Fiber Equipment at the Licensee's sole cost and expense, without further notice to Licensee. To the
extent the Town has actual knowledge thereof, the Town will attempt promptly to inform Licensee of the
displacement orlremoval of any pole on which any Fiber Equipment is located.
4. Damage and Restoration. If the Town's facilities in the License Area are damaged, or the
License Area itself is damaged, by Licensee's use of the Facilities or Fiber Equipment or from the
Facilities or Fiber Equipment themselves, or if removal or relocation of the Facilities or Fiber Equipment,
where required or permitted, causes damage to any Town facilities in the License Area or to the License
Area itself, Licensee shall repair such damage at its sole cost and expense within thirty (30) days after
such damage occurs or fairly and reasonably compensate Town for such damages that are incurred by
Town within thirty (30) days of presentment of an invoice by Town. The degree of repair work required
to be performedby Licensee under this section may include without limitation restoration or replacement.
If any damage io Town facilities in the License Area is deemed, in the Town's sole determination, to
require emergency repair work or poses an imminent threat to life or property, Town shall undertake best
efforts to contact Licensee as soon as is reasonably practical to notify Licensee of the need for conducting
emergency repairs and request that Licensee perform such repairs, but Town may take immediate action
to perform any land all necessary repairs for the continued safe operation of Town facilities in License
Area, for the preservation or protection of the License Area, or for the protection of the public health,
safety and welfare. If Town undertakes such emergency repairs, Licensee shall fairly and reasonably
compensate Town for the costs of performing any work that are incurred by Town within thirty (30) days
of presentment of an invoice to Licensee by Town.
ARTICLE 6. INSURANCE
1. Coverages. Licensee shall procure and maintain or self -insure, at its own cost, a policy or
policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by
Licensee pursuant to this Agreement All of Licensee's contractors shall be insured pursuant to their
master service contracts with Licensee. Such coverages shall include:
1.1Worker's Compensation insurance as required by law.
1.2 Commercial General Liability insurance with minimum combined single limits of
12,000,000 per occurrence for bodily injury and property damage and $5,000,000 general
aggregate including premises and operations, personal and advertising injury, blanket
contractual liability, and products, and completed operations. The policy shall contain a
severability of interests provision, and shall include the Town and the Town's officers,
I
mployees and contractors as additional insureds to the extent of the liabilities assumed by
Licensee herein.
1.3 Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the
Commercial General Liability insurance, with coverage as broad as such policy, with a
limit of $2,000,000.
2. Form. Such insurance shall be in addition to any other insurance requirements imposed by
law. In the caselof any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers,
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its employees of its contractors shall be excess and not contributory insurance to that provided by
Licensee. Licensee shall be solely responsible for any deductible losses under any policy.
3. Certificate. Prior to initial construction, Licensee shall provide to Owner a certificate of
insurance or self-insurance letter as evidence that the required coverages are in full force and effect. The
certificate or letter shall identify this Agreement.
ARTICLE 7. NOTICES
Any notice required or permitted under this Agreement shall be in writing and shall be sufficient
if personally delivered or mailed by certified mail, return receipt requested, addressed to the following: (i)
if to the Town, Attn: Town Manager, Town of Firestone, P.O. Box 100, Firestone, CO 80520; and (ii) if
to the Licensee, Attu. City Manager, 9500 Civic Center Drive, Thornton, CO 80229 with a copy to: Attn.
City Attorney, 9500 Civic Center Drive, Thornton, CO 80229. Notices mailed in accordance with the
provisions of this Paragraph shall be deemed to have been given upon mailing. Notices personally
delivered shall have been deemed to have been given upon delivery. Either party may change its address
by giving noticef thereof to the other party in the manner provided in this Article 7.
ARTICLE 8. MISCELLANEOUS
1. keeord Drawings. Within ninety (90) days of completion of the close-out phase of
Licensee's work package for installation of the Facilities, Licensee shall provide Owner detailed digital
record drawings of such Facilities for review and acceptance in conformance with the Town's Design
Standards and Construction Specifications. Record Drawings shall show the location of the Facilities with
a reference distance to an existing section monument. The plan view shall also show existing surface
features and known utilities within ten (10) feet of the Facilities.
2. Arniumentation and Marking. Licensee shall place and maintain permanent, above -grade
monumentationIand marking at all locations where the Facilities enter upon the boundaries of the License
Area and at changes of direction as approved by the Town Engineer. Markers shall include phone numbers
to call for line locates and24-hour emergency repair. Licensee shall install tracer wire no more than 18" above
and along the entire length of the Facilities.
3. Assignment Licensee may not assign or transfer this Agreement or any of the rights or
privileges therein granted, without the prior, express written consent of the Town, which consent shall not
be unreasonably withheld, conditioned, or delayed; except that such consent shall not be required for
assignments to any governmental entity. Such consent, if granted by the Town, shall be conditioned upon
such assignee's assumption, in writing in a form acceptable to Town, of all of Licensee's obligations set
forth herein.
4. Waiver Of Claims Against Town. Licensee hereby waives any and all claims which
Licensee may of might hereafter have or acquire against Town for loss or damage to Licensee's Facilities
or any loss or degradation of any utility services Licensee may provide arising from the use by Town, of
the License Area for any purpose, except to the extent such claims are caused by the negligence or willful
misconduct of the Town, its officers, its employees, or its subcontractors.
5. Limitation of Liability. To the extent permitted by law, the Town shall be liable only for
the cost of repair to damaged Facilities arising from the negligence or willful misconduct of Town, its
employees, agents, or contractors and shall in no event be liable for indirect or consequential damages.
-10-
DomSign Envelope ID:
C.D. No. 2024-064
The Town does Inot waive any of the protections, immunities or limitations afforded it by the Colorado
Governmental Immunity Act (C.R.S. §§ 24-10-101 et. seq,) as same may be amended from time to time.
Similarly, Licensee does not, by this Agreement, waive any of the protections, immunities or limitations
afforded it by the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101 et. seq,) as same may be
amended from time to time
6. Mechanics' Liens. Licensee shall not allow any mechanics or similar liens to be filed
against the License Area arising from any work done by Licensee within the License area. Similarly, Town
shall not allow any mechanics or similar liens to be filed against the License Area arising from any work
done by Town within the License Area. If any mechanics' or other liens shall be created or filed against
the License Area by reason of labor performed by, or materials furnished for, either party, the Party
responsible for such labor or materials shall, within thirty (30) days thereafter, at such Party's own cost
and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices
Of Intention To He Mechanic's Lien that may have been filed.
7. Attomey's Fees. If any action is brought in a court of law by either party to this Agreement
concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either
at trial or upon Iappeal, shall be entitled to reasonable attorney's fees as well as costs, including expert
witness's fees, incurred in the prosecution or defense of such action.
8. Waiver. The failure of either party to exercise any of its rights under this Agreement shall
not be a waiver of those rights. A party waives only those rights specified in writing and signed by the
party waiving its rights.
9. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties hereto and supersedes any prior agreement or understanding relating to the subject
matter of this Agreement. Any such prior agreement shall be deemed to be null and void and of no further
effect.
I0. Modification. This Agreementmay notbe amended except in writing by mutual agreement
of the parties, nor may rights be waived except by an instrument in writing signed by the party charged
with such waiver.
11. Paragranh Headings. Paragraph headings are inserted for convenience only and in no way
limit or define the interpretation to be placed upon this Agreement.
12. Governing Law, Jurisdiction. This Agreement shall be governed and construed by and in
accordance wit$ the laws of the State of Colorado, without reference to its conflicts of law principles. If
suit is brought by a party to this Agreement, the Parties agree that trial of such action shall be vested
exclusively in the state courts of Colorado, County of Weld.
13.
held by court o
such provision(
not affect the 1i
Party hereby de
of whether any
.verability of Provisions. If anyone or more of the provisions of this Agreement shall be
competent jurisdiction in a final judicial action to be void, voidable, or unenforceable,
) shall be deemed severable from the remaining provisions of this Agreement and shall
;ality, validity, or constitutionality of the remaining portions of this Agreement. Each
laces that it would have entered into this Agreement and each provision hereof regardless
,ne or more provisions may be declared illegal, invalid, or unconstitutional.
-11-
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7E4CB4FD
C.D. No. 2024-064
14. Representations and Warranties. Each of the parties to this Agreement represents and
warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties'
respective obligations hereunder and that such obligations shall be binding upon such party without the
requirement of the approval or consent of any other person or entity in connection herewith.
[Signatures and acknowledgments on following page]
-12-
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
The Parties have executed this MASTER LICENSE AGREEMENT to be effective on the
Effective Date.
OWNER:
TOWN OF FIRESTONE
By. .
)rea Alan Peterson, Mayor
ATTEST:
By: - -
tiam una Gonzalez, Interim Town Clerk
APPROVED AS TO FO
By:
Will. a •hi, Tip Attorncy
LICENSEE:
CITY OF THORNTO V
By �DoucuullSl igne'd�DAy:
9iiiCS�,
VtBjenyYe�1nm
City Manager
ATTEST:
DoeuSigned by:
By: __
rtst in, City Clerk
APPROVED AS TO FORM:
DocuSiOnedb'y:
By: T0.mi q/ca
UOVU
Tatni 4relYlco. VhFktorney
13-
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No. 2024-064
EXHIBIT "A"
Crossing Depictions
DocuSign Envelope ID: F7F25At5-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No.2024-064
/i
FIRESTONE CROSSINGS
C R20
WCR-20 CROSSING AND
1 2 CONSTRUCTION ACCESS
ui WAIEK LINE EASEMENTJ —
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(E%CEP➢ON 9 10-2) /
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PERMANENT EASEMENT AREA = 3000 sqft +!-
TEMPORARY EASEMENT WIDTH = 10'
TEMPORARY EASEMENT AREA = 600 sqft +/-
*TOWN LIMITS END APPROXIMATELY 30' WEST
OF THE SECTION LINE
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DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No 2024-064
FIRESTONE CROSSINGS
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50' ELECTRIC & COMMUNICATIONS ESMT.
1 I I I UNITED POWER, INC.
REC. 4558187
(NOT LISTED EXCEPTION 8-4)
\\ I I \ I I I 5D' PETROLEUM PIPE LINE ESMT.
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PERMANENT EASEMENT WIDTH = 50'
PERMANENT EASEMENT AREA = 3000 sqft +/-
TEMPORARY ASEMENT WIDTH = 40'
TEMPORARY EASEMENT AREA = 2400 sqft +i-
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No.2024-064
FIRESTONE CROSSINGS
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TEMPORARY EASEMENT AREA = 3200 sqft +!-
DocuSign Envelope ID: F7F25A16-75A8-4CB7-BA58-CD4A7EACB4FD
C.D. No. 2024-064
FIRESTONE CROSSINGS
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PERMANENT EASEMENT WIDTH = 50'
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PTEMPORARY EASEMENT WIDTH = 40'
PERMANENT EASEMENT AREA = 3200 sgft +/-
DocuSign Envelope ID: F7F25At5-75A8-4CB7-BA58-CD4A7EACB4FD
COUNCIL COMMUNICATION
Meeting Date:
April 9, 2024 110G
CONSENT CALENDAR —20 Reading
e Reading
Subject:
A resolution approving a Master License Agreement between the Town of Firestone, Colorado, and
the City of Thornton, Colorado, for the installation, construction, operation, and maintenance of the
Department Head Review: Approved by: Ordinance previously
Todd Rullo, Interim Director of Utilities Brett Henry, Interim City introduced by:
and Infrastructure Manager
Presenter(s):
Jason Pierce, Infrastructure Engineering Director
SYNOPSIS:
This resolution approves a Master License Agreement (MLA) with the Town of Firestone (Firestone)
that allows the City to facilitate the installation of the Thornton Water Project (TWP) pipeline and
associated appurtenances within the defined Firestone license area. The license area consists of public
rights -of -way (ROW) and any other real property that Firestone owns, including parkland, open space,
or trails.
RECOMMENDATION:
Staff recommends Alternative No. 1, approve the resolution approving the MLA with Firestone allowing
the TWP to be constructed within the defined license area.
BUDGET/STAFF IMPLICATIONS:
The total consideration for the MLA is $50,000, as negotiated between the City and Firestone.
ALTERNATIVES:
1. Approve the resolution approving the MLA with Firestone.
2. Do not approve the resolution approving the MLA with Firestone or construct the TWP pipeline
within the defined license area. This would require substantial realignment of the pipeline and
significantly increase the redesign, ROW acquisition, and construction costs.
BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)
As part of ongoing negotiations with Firestone over the past two years for the installation, construction,
operation, and maintenance of the TWP pipeline, three agreements were established:
1. The MLA is responsible for the installation, construction, operation, and maintenance of the TWP
pipeline and appurtenances through specific properties and Firestone ROW.
2. An Intergovernmental Agreement (IGA) for installing, constructing, operating, and maintaining
an emergency raw water interconnection between the TWP pipeline and Firestone's water
system.
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
COMMUNICATION
PAGE 2
3. An IGA for the lease of a minimum of five cubic feet per second of excess TWP pipeline capacity,
subject to the City's capacity needs, for up to 10 years after the pipeline is put into operation,
which shall be automatically renewable for succeeding terms of five years each.
The City's outreach efforts identified a preferred TWP corridor, and City staff met with Firestone staff
to discuss potential pipeline alignments and locations. Firestone staff preferred that the City locate the
TWP pipeline along the Weld County Road (WCR) 17 north/south alignment and that the City construct
the pipeline outside the county ROW as best possible.
The impact to Firestone of the proposed pipeline alignment is shown on Page 3 of this communication
and includes one trail crossing and four roadway crossings along the WCR 17 alignment as follows:
Zinnia Avenue/WCR 26
Firestone Boulevard/WCR 24
Pinecone Avenue/WCR 20
Grant Avenue/WCR 18
Upon the MLA's full approval, the City will continue coordinating with Firestone to acquire full approval
of the proposed crossings through the ROW permit application process. Construction on this segment
of the TWP pipeline is anticipated to commence in mid-2024 and be completed in mid-2026.
ATTACHMENTS:
DocuSign Envelope ID: F7F25A15-75A8-4CB7-BA58-CD4A7EACB4FD
PAGE 3
TWP Pipeline Crossings in Firestone
Certificate Of Completion
Envelope Id: F7F25Al575A84CB7BA58CO4A7EAC64F0
Subject: Complete with DocuSign: April 9, 2024 Council Documents part 1
Source Envelope:
Document Pages: 97 Signatures: 25
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status: Original
Holder: Lucia Higginbotham
4/10/2024 10:51:07 AM
Lucia.Higginbotham@thomtonw.gov
Signer Events
Signature
Jan Kulmann
jan.kulmann@thomtonoo.gov
Security Level: Email, Account Authentication
�wt886
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.154.207.120
Electronic Record and Signature Disclosure:
Accepted: 4/10/2024 5:43:39 PM
ID: 8d5043a7-m9b-436e-954c-6638ftdal57c
Tami Yellico
tami.yellim@thomtonm.gov
City Attorney
City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brett Henry
bmtt.henry@ThorntonCO.gov
Interim City Manager
SHI OBO City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristen N. Rosenbaum
Kristen.Rownbaum@ThomtonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/8/2020 2:24:52 PM
ID: bded6f2a-b706-0e79-96c3-bO8da6b824el
[rwe"q".der:
4dai Nau�
fidF�5s
.C2.0
Signature Adoption: Pre -selected Style
Using IP Address: 174.198.139.191
Signed using mobile
ComuStmd py:
fid
Signature Adoption: Pre -selected Style
Using IP Address: 65.113.229.105
Coo""eq"w er:
ofi.°cs2
Signature Adoption: Uploaded Signature Image
Using IP Address: 172.59.225.130
Signed using mobile
DocuSign
Status: Completed
Envelope Originator:
Lucia Higginbotham
9500 Civic Center Drive
Thornton, CO 80229
Lucia.Higginbotham@thomtonm.gov
IP Address: 199.117.212.4
Location: DocuSign
Timestamp
Sent: 4/10/2024 11:04:31 AM
Viewed: 4/10/2024 5:43:39 PM
Signed: 4/10/2024 5:43:56 PM
Sent: 4/10/2024 5:44:01 PM
Viewed: 4/10/2024 5:55:32 PM
Signed: 4/10/2024 5:55:54 PM
Sent: 4/10/2024 5:55:57 PM
Viewed: 4/11 /2024 6:46:15 AM
Signed: 4/11/2024 6:46:23 AM
Sent: 4/11/2024 6:46:26 AM
Viewed: 4/11/2024 9:16:26 AM
Signed: 4/11/2024 9:16:52 AM
In Person Signer Events Signature Timestamp
Editor Delivery Events Status _ — Timestamp -
Agent Delivery Events —�
Status
Timestamp_-
___--
Intermediary Delivery Events —
Status
J-
_ _
- i _Timestamp
Certified Delivery Events.
Status
Timestamp —�
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events Signature _ Timestamp -�
Envelope Summary Events Status
Envelope Sent
Hashed/Encrypted
Certified Delivered
Security Checked
Signing Complete
Security Checked
Completed
Security Checked
Timestamps
4/10/2024 11:04:31 AM
4/11/2024 9:16:26 AM
4/11/2024 9:16:52 AM
4/11/2024 9:16:52 AM
Payment Events Status T Timestamps
Electronic Record and Signature Disclosure
Certificate Of Completion
Envelope Id: 69BEBB506B2343D3983805E174BEC439
Subject: Complete with DocuSign: April 9, 2024, Council Document Meeting part 2
Source Envelope:
Document Pages: 212 Signatures: 30
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status. Original Holder: Lucia Higginbotham
4/10/2024 11:40:42 AM Lucia.Higginbotham@thomtonco.gov
Signer Events Signature
Jan Kulmann [o 9yme by:
jan.kulmann@thomtonco.gov
Security Level: Email, Account Authentication °°'"vEBP'S8Ba96
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/10/2024 5:42:10 PM
ID: 2fbe20ae-bd64-4255-8768-fba93708767d
Term Yellico
tami.yellim@thomtonco.gov
City Attorney
City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brett Henry
bmtt.henry@ThomtonCO.gov
Interim City Manager
SHI OBO City of Thornton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristen N. Rosenbaum
Kristen.Rownbaum@ThomtonCO.gov
City Clerk
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/8/2020 2:24:52 PM
ID: bded6f2a-b706-4e79-96c3-bOBda6b824e1
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.154.207.120
obcbsiuma N:
bb4B059B60C21CB
Signature Adoption: Pre- selected Style
Using IP Address: 174.198.139.191
Signed using mobile
COocuft-d(d by:
B FBFCW19
Signature Adoption: Pre -selected Style
Using IP Address: 65,113,229.105
C619 Gz CE4FE.
Signature Adoption: Uploaded Signature Image
Using IP Address: 172.59.225.130
Signed using mobile
DocuSign
Status: Completed
Envelope Originator:
Lucia Higginbotham
9500 Civic Center Drive
Thornton, CO 80229
Lucia.Higginbotham@thomtonco.gov
IP Address: 199.117.212.4
Location: DocuSign
Timestamp
Sent: 4/10/2024 12:16:27 PM
Viewed: 4/10/2024 5:42:10 PM
Signed: 4/10/2024 5:42:30 PM
Sent: 4/10/2024 5:42:35 PM
Viewed: 4/10/2024 6:19:13 PM
Signed: 4/10/2024 6:19:33 PM
Sent: 4/10/2024 6:19:37 PM
Viewed: 4/11/2024 6:44:53 AM
Signed: 4/11/2024 6:45:20 AM
Sent: 4/11/2024 6:45:24 AM
Viewed: 4/11/2024 9:17:36 AM
Signed: 4/11/2024 9:18:02 AM
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status _ v Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
_ Timestamps
Envelope Sent
Hashed/Encrypted
4/10/2024 12:16:27 PM
Certified Delivered
Security Checked
4/11/2024 9:17:36 AM
Signing Complete
Security Checked
4/11/2024 9:18:02 AM
Completed
Security Checked
4/11/2024 9:18:02 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 711/2020 3:57:29 PM
Parties agreed to: Jan Kulmann, Kdsten N. Rosenbaum
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, SHI OBO City of Thornton (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terns and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to
use electronic records and signatures' before clicking `CONTINUE' within the DocuSign
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
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procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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electronically from us.
How to contact SHI OBO City of Thornton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: clerk@ThomtonCO.gov
To advise SHI OBO City of Thornton of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at clerk@ThomtonCO.gov and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from SHI OBO City of Thornton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to clerk@ThomtonCO.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with SHI OBO City of Thornton
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to clerk@ThomtonCO.gov and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: httos://sunoort.docusiyn.com/guides/signer- ug ide-
sign i ng-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify SHI OBO City of Thornton as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by SHI OBO City of Thornton during the course of your relationship
with SHI OBO City of Thornton.