DRAFT

AGREEMENT BETWEEN BOULDER COUNTY

AND THE CITY OF BOULDER RE: TEMPORARY ACCESS, CONSTRUCTION, AND

WETLAND MITIGATION FOR THE LONGMONT-TO-BOULDER REGIONAL

TRAIL (LOBO TRAIL)

THIS AGREEMENT RELATED TO ACCESS, CONSTRUCTION AND WETLAND

MITIGATION FOR THE LONGMONT-TO-BOULDER REGIONAL TRAIL (“LOBO Trail”) (“Agreement”) is entered into this _____ day of April, 2026, by and between the COUNTY OF BOULDER, a body corporate and politic of the State of Colorado (the “County”), and the CITY OF BOULDER, a Colorado home rule municipality (the "City"), each a “Party” and collectively referred to herein as the "Parties."

RECITALS

WHEREAS, Colorado Constitution Article XIV, Section 18(2)(a), C.R.S. §§ 29-1-201, et seq., and C.R.S. §30-11-410, provide that political subdivisions of the State may contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating units;

WHEREAS, the County intends to construct a portion of the Longmont-to-Boulder Regional Trail (“LOBO Trail”) on City-owned land managed by the Open Space and Mountain Parks Department (“OSMP”) known as the McKenzie Open Space property and depicted on Exhibit A (“McKenzie Property”) and will thereafter be owned and maintained by the City;

WHEREAS, the construction will include a crusher fine trail, signage, and fencing, and will temporarily impact areas adjacent to the LOBO Trail during construction and may impact prairie dog colonies, wetlands, and buffer areas on the McKenzie Property (“Project”);

WHEREAS, and as part of the Project, the City’s wetland permitting requires the County to perform wetland mitigation, however it has been determined that onsite wetland mitigation is not feasible, and the Parties have identified a portion of the City’s Belgrove Open Space property depicted on Exhibit A (“Belgrove Property”) as the mitigation site; and

WHEREAS, the Parties are entering into this Agreement to permit the County’s access and use of the McKenzie and Belgrove Properties for the construction of the LOBO Trail and wetland mitigation and to establish the County’s responsibilities with respect to restoration of the McKenzie Property and management of the wetland mitigation site on the Belgrove Property for the duration of the County’s wetland permit.

NOW, THEREFORE, in consideration of the mutual covenants below, and other good and valuable consideration, the receipt of which is acknowledged, the Parties agree to the following terms:

TERMS AND CONDITIONS

1. RECITALS. The Recitals set forth above are incorporated herein and made a part of this Agreement.

2. In accordance with, and subject to, this Agreement, the City hereby grants to the County and its contractors, consultants, agents and employees, temporary access and use of the McKenzie and Belgrove Properties to complete the Project as shown in the Project Plans attached as Exhibit B and construction and maintenance of the wetlands as described in the in the City of Boulder Wetland Permit #WET202-00016 (“Wetland Permit”).

3. County shall be responsible for all contracting and costs associated with the Project unless otherwise agreed to by the City by separate agreement or by amending this Agreement.

4. County agrees to restore all areas of the McKenzie and Belgrove Properties to the same or better condition that existed prior to the County’s access and use consistent with the specifications in the Wetland Permit and the construction and restoration terms in Exhibit C, except as may be permanently modified to accommodate Project improvements and further excepting any surface improvements to which the City and the County have agreed upon.

5. The County shall be responsible for obtaining all local, state, and federal permits required for the Project and wetland mitigation and shall comply with OSMP protocols and procedures in Exhibit D to avoid spread of New Zealand mudsnails on the Belgrove Property and the City’s Wildlife Protection Ordinance #7321 which may require passively relocating prairie dogs where the prairie dogs or their burrows would be impacted by the Project.

6. The City shall retain the right to enter all portions of the Belgrove Property to inspect, maintain, manage and enforce on the Property in a manner that does not disturb the County’s Project.

7. Neither party is required to indemnify the other in connection with this Agreement. However, each party assumes responsibility for its actions and omissions in the performance or failure to perform work under this Agreement, as well as the actions and omissions of its contractors, agents, and employees. Neither party waives or intends to waive the limitations on liability which are provided to the Parties, their officers, and employees under the Colorado Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S. (“CGIA”). The County agrees to cause its contractors performing any work on the Property to indemnify and hold the City harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, attorneys’ fees and court costs the City may suffer or incur which may arise from negligent or wrongful performance of the County’s contractors while working on the McKenzie Property and Belgrove Property.

8. County agrees to cause any contractors performing any of the work related to the Project to procure, and maintain in force during the term of this Agreement, at their or its own cost, at least the insurance coverages set forth in Exhibit E.

9. Whenever notice to either party is required to be given hereunder, or if changes or issues arise, the contacts shall be:

City of Boulder: Jeff Haley, Deputy Director

(303) 413-7233, haleyj@bouldercolorado.gov

Bethany Collins, Real Estate Sr. Manager

(720) 415-1543, collinsb@bouldercolorado.gov

Boulder County: Tonya Luebbert, Regional Trails Planner

(720) 564-2866, tluebbert@bouldercounty.gov

Stacey Proctor, Lead Project Manager 303-441-1107, sproctor@bouldercounty.gov

Either Party may change its address for the purpose of this paragraph by giving written notice of such change to the other Party in the manner provided in this paragraph.

10. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any claim or right of action by any other third party on such Agreement. It is the express intention of the Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.

11. Neither of the Parties may assign this Agreement, or parts hereof, or its duties hereunder without the express written consent of the other Party.

12. This Agreement shall expire on June 30, 2028, or at the Projects’ completion as mutually determined by the Parties, whichever occurs earlier except for:

a. Continued access by the County for restoration and monitoring in accordance with Exhibit C until condition of the McKenzie Property and Belgrove Property is accepted by the City; and

b. Continued access to that portion of the Belgrove Property being used for wetland mitigation under the Wetland Permit. This access permission shall terminate on the day of City acceptance of the wetland mitigation.

13. This Agreement constitutes the entire agreement between the Parties relating to the Project and wetland mitigation. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect.

14. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, with venue in Boulder County for any litigation related to this Agreement.

15. This Agreement shall not be interpreted to impose a multi-year obligation on the Parties. Financial commitments of the Parties under this Agreement payable after the current fiscal year are contingent upon funds for this Agreement being appropriated, budgeted and otherwise mailto:haleyj@bouldercolorado.gov mailto:tluebbert@bouldercounty.gov made available by a Party. If funds for this Agreement are not budgeted and appropriated in any year subsequent to the fiscal year of execution of this Agreement, a Party may immediately terminate its participation in this Agreement by giving the other Parties notice of such non-appropriation.

16. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the Parties to this Contract: (1) Electronic or facsimile delivery of a fully executed copy of a signature page; (2) The image of the signature of an authorized signer inserted onto PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written.

CITY OF BOULDER,

a Colorado home rule municipality

Dan Burke, Director, Open Space and Mountain Parks

COUNTY OF BOULDER:

a body corporate and politic of the State of Colorado

Dale Case, Director, Community Planning and Permitting

Docusign Envelope ID: C87DD62F-03E7-8F3A-8354-4BE11BE2B7DF

June 16, 2026

EXHIBIT A

Property Map

FLOOD EMERGENCY

NOTIFICATION

ALLHAZARD

EVACUATION

POLYGONS -

Boco.PUBLICSAFTY.ALL

EMERGENCY

NOTIFICATION

OSMP Trailheads and Access Points

Access Point

Trailhead with Parking

OSMP Trails Map Service (on ags_svr2) Trailhead

No Fee (Sin Costo) OSMP Open Trails (Senderos abiertos)

Multi-Use Trail

Soft Surface (superficie blanda)

Undesignated Trails OSMP Current Undesignated Trails

Property No Public Access

(OSMP)

OSMP Properties Easement Fee City of Boulder Parks/ Recreation

Corrie nte Dr

Palo Park Trail East

Four Mile Creek

Orange Orchard

Ouray St

Mountain View Memorial Park

Willow Green

Stratford Park

Orchard Grove

Fourmile Canyon Creek

Jay Hill Farm House Pond

Lousberg Pond No 2

Lousberg Pond No 1

Poors Reservoir th

S t st

S t

Nassau Pl

Apple Way

Jay Rd th

S t

Diagonal Hwy

Diagonal Hwy

Footh ill s Pkw y

Hayden Lake Res

Kalmia Ave Independence Rd

Airport BlvdBut te StButte

St

Edison Ave47 th

S t

Dia go na l H w y

Diagonal Hwy

Pleasant View Fields Sports

Complex

Valmont City Park North

Boulder Municipal

Airport

San Juan Del Centro

The Boulder

Kings Ridge

Noble Park

Bou lde r W hite Rock Di tc h

Pio neer Rd th

S t th

S t

Jay Rd

Diagonal Hwy

Diagonal Hwy

Fourmile Canyo n Cree k

Lower Cline Fish Pond

COL Pond

Upper Cline Fish Pond

Airp ort

Blvd

Rustic Knolls Dr

Independence Rd

Valmont Industrial Park

East Central 0 0.25 0.5 mi ± Exported: 4/5/2026 11:27 AM

The information depicted is provided as a graphical representation only.

While source documents were developed in compliance with National Map Accuracy Standards, the City of Boulder provides no guarantee, express or implied, as to the accuracy and/or completeness of the information contained hereon.

Vantor, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community

OSMP.org

Exhibit A - McKenzie and Belgrove Properties

EXHIBIT B

Project Plans

EXHIBIT C

Construction and Restoration Specifications

The County and its contractors, consultants, agents and employees shall exercise due care and best management practices to minimize the disturbance of the Property. The following is a summary list of the procedures and terms agreed to by the Parties to the Agreement in order to minimize disturbance of the Property:

1. For construction-related activities, the County and OSMP shall perform pre- and post-construction site meetings to discuss and agree to access and staging needs, equipment and materials, proposed impacts and restoration plans, safety, and project timelines. Any access points, routes and access to and across the Property shall be mutually agreed upon by the County and OSMP prior to construction-related activities.

2. Work on the Property related to the Project shall be under dry or frozen soil conditions only unless otherwise approved by OSMP.

3. The County is permitted to remove fencing as needed for permitted access and use and agrees to construct new fencing to OSMP specification between the LOBO Trail and McKenzie Property and other areas where fencing is removed. The County shall also erect temporary fencing as requested by City to contain livestock or deter public access during the Project.

4. Unless otherwise detailed in the Wetland Permit or Exhibit B or otherwise requested by

OSMP, all disturbed areas to be restored shall be scarified to a depth of six inches (6”) minimum. The County shall excavate and set aside topsoil separately from underlying soil and shall redistribute topsoil at a uniform depth over subsoil during final grading.

The finished surface shall be graded to the grade existing on the Property before the Project and blend in with the abutting undisturbed areas on the Property. The finished surface shall be free from holes, ruts, rough spots, or other surface features detrimental to the restoration of the Property. The County shall remove all rock, gravel, or any other foreign material larger than four inches (4”) in size and break up dirt clods to a size of four inches (4”) or smaller from all areas to be seeded, as directed by OSMP.

5. The County shall place any removed subsoil in an area that is separate from the topsoil and with soil horizons preserved and redistributed uniformly in their original order so long as the soils are not found to be contaminated. No new soils or fill material, including topsoil, shall not be imported to the site without approval of OSMP. The County shall not redistribute topsoil under wet soil conditions.

6. The County shall place any excess soils, spoils and backfill materials on tarps in order to protect the vegetation underneath.

7. Except as described in the Project Plans and Wetland Permit, the County shall avoid impacting and removing trees and shrubs on the Properties unless agreed to by OSMP.

The County shall follow the tree replacement plan described in the Project Plans and Wetland Permit.

8. The County shall be responsible for weed control and reclamation and seeding of all disturbed areas according to a reclamation/revegetation plan approved by the City. Unless otherwise stated in the Wetland Permit or Project Plans, weed control, reclamation and revegetation shall carry a two-year warranty.

9. The County shall control all State of Colorado-listed noxious weed species and non-native plant species from entering the Property from vehicles and equipment moving on to the Property. The County shall cause, or require its contractors, subcontractors, consultants and agents to cause all construction vehicles and equipment to be power-washed, off-site prior to accessing the Properties to prevent spreading weeds from equipment to the Properties and shall comply with OSMP protocols and procedures in Exhibit D to avoid spread of New Zealand mudsnails.

10. The County shall not apply fertilizers or pesticides of any kind within the Properties without the written permission of OSMP.

11. The County shall use only biodegradable erosion control logs. Photodegradable logs are not acceptable.

12. The County shall prohibit its agents, employees, and subcontractors from consuming alcohol, drugs, or smoking or vaping of any substance, including e-cigarettes, on the Property during the Project.

13. Under no circumstances will vehicles or equipment be left idling on the Properties, and all vehicles access the Property will have appropriate fire suppression equipment.

14. The County shall comply with State of Colorado, Boulder County and City of Boulder stormwater management practices, including compliance with the SWMP and shall be responsible for providing adequate dust, erosion, and water quality controls throughout the duration of the Project, including permitracks/rock Vehicle Tracking Control (VTC) to prevent tracking on public travelways and measures to prevent wind erosion if Project timing does not allow for immediate planting or restoration.

15. The County shall immediately halt operations if cultural or historical artifacts or contaminated soil or water are discovered and notify the City.

Exhibit D

City of Boulder Protocol for New Zealand Mudsnail Decontamination (FINAL) The spread of New Zealand mudsnails (NZMS)is strongly linked with human activities. It is extremely important to follow guidelines for cleaning equipment and gear to minimize the chance of spreading NZMS to a new area.

Before Entering a Site All equipment must be thoroughly cleaned before entering the project area. The cleaning of any equipment used on site must occur off site in an appropriate facility prior to arrival. Contractors shall provide the Project Manager with written documentation that all personal gear and equipment that will come in contact with water during the course of the project has been decontaminated following the procedures below. Contractors will present the equipment to the Project Manager for inspection prior to that equipment entering the water. Equipment with any mud, organic material, or other debris will not be permitted in or near the waterbody.

Equipment must also be completely dry upon arriving at the project site. The Project Manager will not allow any equipment that is not dry to be used on the project site until the equipment has been dry for at least 24 hours prior to its use.

Equipment Decontamination Equipment decontamination is mandatory to avoid transporting New Zealand mudsnails, along with other aquatic nuisance species, between different waterbodies. The Contractor shall use the following decontamination procedures to ensure no New Zealand mudsnails are introduced to the project area.

The decontamination protocol will be followed before entering a site and after leaving a site once work is complete. Decontamination should occur far enough from any waterbody that rinse water and/or chemical decontaminants do not wash into waterbodies.

Personal Gear and Small Equipment Personal gear, such as boots and waders, can transport snails in treads and seams. Studies have shown that footwear with felt soles are particularly prone to transport snails. Only wear footwear with rubber soles. Waders and boots that have felt soles are not permitted. Decontaminate gear such as boots, shovels, and sampling equipment before entering a site and after leaving a site.

Step 1 New Zealand mudsnails can attach to a variety of substrates such as rocks, vegetation, wood, sand, silt, etc., which can easily stick to gear and equipment. Scrub gear and equipment between sites to remove all debris. Use a stiff bristle brush to ensure all cracks are cleaned completely, as the snails can hide easily and be transported to a new location.

Step 2 After scrubbing gear and equipment, one of the following treatment measures must be employed:

1. Use a disinfecting solution containing quaternary ammonium compounds (QAC) (e.g., Quat 4, Quat 128, Super HDQ Neutral, etc.). Look for the word ammonium. Examples include didecyl dimethyl ammonium chloride, alkyl dimethyl benzyl ammonium chloride, Octyl decyl dimethyl ammonium chloride. See Appendix for calculation concentration.

a. Follow all handling instructions on disinfectant label or MSDS.

b. Soak or spray equipment/gear

i. Soak equipment/gear in a bath of disinfectant solution for 10 minutes.

1. The QAC-containing disinfectant should be diluted with water at a rate to achieve a minimum active QAC concentration of 0.4%. After removal from the bath, rinse equipment/gear thoroughly with tap water.

2. NOTE: Muddy disinfectant solution will lose its effectiveness and ability to kill New Zealand mudsnails, replace water if muddy.

ii. Spray equipment/gear with disinfectant solution

1. The QAC-containing disinfectant should be diluted with water at a rate to achieve a minimum active QAC concentration of 0.8%

2. Equipment and waders should be fully covered in disinfectant solution for a minimum of 10 minutes. Reapplication may be necessary if hot (evaporative) or wet conditions dilute spray solution on equipment.

c. Disposal: rinsing used solutes of QAC down a sanitary sewer is a safe method of disposal. However, do not dump solutions down storm water drains or in bodies of water. Always dilute the product before rinsing it down a sanitary sewer. Follow the MSDS and label for disposal of the empty QAC container.

2. Freeze equipment/gear for a minimum of 4 hours. Temperatures must be at 26°F (-3° C) or below.

3. Soak equipment/gear in a bath of hot water (at least 120°F, 46°C) for 10 minutes. This method is not advised for Gortex.

4. Dry equipment/gear for at least 48 hours. Equipment/gear must be totally dry prior to use.

Large equipment Large equipment, including but not limited to construction vehicles, loaders, and excavators to be used in stream, ponds, or wetland areas (including moist soil) shall be decontaminated prior to arrival on the project site.

Step 1 Large equipment and gear must be power washed to remove dirt, organic material, or other debris. All parts of the heavy equipment must by power washed, including but not limited to, the tracks, turrets, buckets, drags, teeth, etc. New Zealand mudsnails can easily hide and be transported in clumps of mud or organic materials, it is vital to ensure ALL debris are removed from the equipment.

• Do not use water from the site so as not to re contaminate equipment while power washing.

• Work with city staff member to locate an appropriate source of water for power washing.

• Ensure that the rinse water is not flowing into a storm water drain or into another body of water.

Step 2 After power washing, large equipment shall be sprayed with hot water that is at least 140°F (60°C) such that each portion of the surface receives hot water for a minimum of 15 seconds. Equipment must be dried and remain dry following the hot water treatment for a minimum of 24 hours.

Appendix To make a fixed amount of a dilute solution from a stock solution, you can use the formula: C1V1 = C2V2 where:

• V1 = Volume of stock solution needed to make the new solution

• C1 = Concentration of stock solution

• V2 = Final volume of new solution

• C2 = Final concentration of new solution

• Example: Make 1 gallon of an .8% QAC solution from a 15% QAC disinfectant.

• Formula: C1V1 = C2V2

• Plug values in: (.008) * (128oz) = (V2) * (0.15)

• Rearrange: V1 = [(.008) * (128oz)] / (.15) there for, V1 = 6.83oz/gal

• Answer: Place 6.28 oz of the 15% disinfectant into 1 gal of water.