HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/21/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, May 21, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
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solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 8 City Council Summary Agenda
City Council
Regular Meeting Agenda
May 21, 2024 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Heather Walls
City Attorney City Manager Interim City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring May 19 through 25, 2024 as Emergency Medical Services Week.
PP 2. Declaring May 19 through 25, 2024 as Flood Awareness Week.
PP 3. Declaring June 2024 as Bike Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
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City of Fort Collins Page 2 of 8
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to speak
during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person
then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are
not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the
2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our
Climate Future.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024
funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales
and Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate.
This tax begins in 2024 and expires at the end of 2050.
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City of Fort Collins Page 3 of 8
2. Second Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from
the Local Planning Capacity Grant for the Affordable Housing and Planning Development
Process Improvement Project and Approving a Related Grant Agreement.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates awarded
funds from the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State
Department of Local Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month
process improvement project intended to reduce development review timelines for affordable
housing developments to meet Proposition 123’s 90-day “fast track” approval requirements.
3. Second Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Environmental Services Curbside Recycling.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates an award
of approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s
Residential Contracted Trash and Recycling Program and to support recycling outreach and
education for the community.
4. Second Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, requests appropriation
of $58,235 in philanthropic revenue received through City Give. These miscellaneous gifts to
various City departments support a variety of programs and services and are aligned with both
the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
5. Second Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Art in Public Places Program, Pianos About Town
Project.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, considers an
appropriation of $47,115 in philanthropic revenue received through City Give for the Art in Public
Places program for the designated purpose of Pianos About Town, a collabora tive effort among
the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development
Authority, and the donor, Bohemian Foundation.
6. Second Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from
the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement
Grant Program for the Fort Collins Police Services Marijuana Enforcement Program.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, supports Fort Collins
Police Services’ Marijuana Enforcement Program in investigating gray and black -market
marijuana cases by appropriating $39,641 of unanticipated grant revenue from the Colorado
Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement.
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City of Fort Collins Page 4 of 8
7. Second Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Grant Revenue from the Colorado Department of Transportation and
Authorizing Transfers for the College Avenue-Trilby Road Intersection Improvements
Project.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, enables the City to
receive and expend Colorado Department of Transportation (CDOT) funds for the College
Avenue-Trilby Road Intersection Improvements Project (Project). The funds will be used for
construction of improvements at the intersection of South College Avenue and Trilby Road. If
approved, this item will 1) appropriate $361,361 of Congestion Mitigation and Air Quality (CMAQ)
Improvement Program grant funds for the Project; 2) appropriate $1,870,000 of Highway
Improvement Program (HIP) grant funds; 3) appropriate $5,272,260 of Surface Transportation
Block Grant (STBG) Program funds; 4) appropriate $2,000,000 of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act grant funds; 5) use $14,800 from
development contributions to construction as part of the local match; 6) appropriate as part of the
local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF) Reserves;
7) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public
Places Program; and 8) appropriate $48 (0.3% of the local match amount) for maintenance of art
from Transportation Fund Reserves to the Art in Public Places Program.
8. Second Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, authorizes a conveyance
of an easement to the Sanitation District to allow for a sewer service line for the terminal. The
easement is over a portion of the Northern Colorado Regional Airport property, which is owned
jointly by the City of Fort Collins and the City of Loveland.
9. First Reading of Ordinance No. 066, 2024, Making a Supplemental Appropriation and
Appropriating Prior Year Reserves to Develop a Digital Accessibility Roadmap.
The purpose of this item is to request an appropriation of $150,000 in General Funds in order to
work with a consultant to develop a comprehensive and actionable Digital Accessibility Roadmap.
The purpose of this roadmap is to provide a strategy for compliance with both Colorado and
federal laws and regulations pertaining to digital accessibility requirements, including both the
Americans with Disabilities Act and Colorado House Bill 21-1110.
10. First Reading of Ordinance No. 067, 2024, Making a Supplemental Appropriation from the
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant for the Fort Collins Police Services Traffic Enforcement Unit.
The purpose of this item is to appropriate $16,529 of unanticipated federal grant revenue from
the Colorado Department of Transportation, Colorado Highway Safety Office (HSO), to support
Fort Collins Police Services’ Traffic Enforcement Unit work toward traffic safety and reducing
serious injuries and fatal crashes through the enforcement of traffic laws and specifically those
related to driver and passenger restraint system use.
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City of Fort Collins Page 5 of 8
11. First Reading of Ordinance No. 068, 2024, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waters
Edge Second Filing Developer for Construction of Turnberry Road, Brightwater Drive, and
Morningstar Way Improvements.
The purpose of this item is to appropriate $612,027 of Transportation Capital Expansion Fee
(TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget
to reimburse the Waters Edge Second Filing developer, Waters Edge Development Inc.
(Developer), for its oversizing construction of Turnberry Road, Brightwater Drive, and Morningstar
Way. As part of the development plans and development agreement for Waters Edge Second
Filing and permitted for construction under the Waters Edge Third Filing Development
Construction Permit, the Developer has constructed to City standards Turnberry Road as a two-
lane arterial, and Brightwater Drive and Morningstar Way as collectors as part of its development
requirements. Per Section 24-112 of the City Code, the Developer is eligible for reimbursement
from TCEF funds for the oversized, non-local portion of Turnberry Road, Brightwater Drive, and
Morningstar Way not attributed to the local portion obligation.
12. First Reading of Ordinance No. 069, 2024, Making a Supplemental Appropriation from the
Colorado Department of Early Childhood in Support of Licensed City Childcare Programs.
The purpose of this item is to support licensed City childcare programs by appropriating $21,069
of unanticipated grant revenue awarded by the Colorado Department of Early Childhood (CDEC).
Through the CDEC’s Childcare Stabilization Grants program the City was awarded $21,069 in
federal pass-through funds to provide enhancements in licensed City Childcare programs.
13. First Reading of Ordinance No. 070, 2024, Correcting Ordinance No. 003, 2024, Authorizing
Transfers and Reappropriating Funds Previously Approved for the Utilities’ Grid Flexibility
Programs.
The purpose of this item is to appropriate $200,000 of prior year reserves in the Light and Power
Fund to support Ordinance No. 003, 2024, which authorized transfers and reappropriation of
funds previously appropriated for the Utilities’ Grid Flexibility Programs. The ordinance, as
adopted, omitted the need for $200,000 of prior year reserves to fully fund the requested
appropriation, since those funds had technically lapsed at the end of fiscal year 2023.
14. First Reading of Ordinance No. 071, 2024, Approving the First Amendment to the Hangar
Ground Lease Agreement with IC Loveland, LLC, for the Aero FNL Hangar Development at
the Northern Colorado Regional Airport.
The purpose of this item is to request City Council approval of an amendment to an existing
hangar ground lease between the City of Fort Collins, the City of Loveland, and IC Loveland, LLC,
to allow for subleasing and fractional ownership of multi-unit aircraft hangar buildings.
15. Items Relating to the I-25 & Mulberry Annexation.
A. Resolution 2024-069 Setting Forth Findings of Fact and Determinations Regarding the I -25 &
Mulberry Annexation.
B. Public Hearing and First Reading of Ordinance No. 072, 2024, Annexing the Property Known
as the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex a 46.92-acre property located at the NE Corner of the I-25 and
East Mulberry interchange. A specific project development plan proposal is not included with the
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City of Fort Collins Page 6 of 8
annexation application. The Initiating Resolution was adopted on April 16, 2024. A related item to
zone the annexed property is presented as the next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreement regarding Growth Management.
16. Public Hearing and First Reading of Ordinance No. 073, 2024, Amending the Zoning M ap
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in
the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting
Context Area Map.
The purpose of this item is to zone the property included in the I-25 & Mulberry Annexation into
the Industrial (I), and General Commercial (CG) zone districts and place the property into the LC2
Lighting Context Area and Non-residential Sign District.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
17. Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements.
The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for
Solid Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing
agreement into abeyance until the parties agree on further amendments to address the changed
circumstances and updated timelines. The new amended agreement will supersede the existing
one.
18. Resolution 2024-071 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Uphold the Planning and Zoning Commission Approval of the Mason Street
Infrastructure Overall Development Plan ODP230001.
The purpose of this item is to make findings of fact and conclusions regarding Council’s decision
at the May 7, 2024, Mason Street Infrastructure Overall Development Plan appeal hearing that
the Planning and Zoning Commission held a fair hearing and dismissing the failure to properly
interpret and apply allegations and thereby upholding the Planning and Zoning Commissions’
approval of the Mason Street Infrastructure Overall Development Plan.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
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City of Fort Collins Page 7 of 8
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
None planned due to Executive Session for Mid Year Reviews of Council Direct Reports.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
OB 2. Consideration of a motion to adjourn this meeting until after the completion of the
Electric Utility Enterprise Board business:
"I move that Council adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business."
OB 3. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief
Judge, City Manager, and City Attorney:
Chief Judge 60 minutes
City Manager 60 minutes
City Attorney 60 minutes
Note: Times are approximate with breaks, as necessary.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year
performance reviews of the Chief Judge, City Attorney and City Manager.”
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Page 7
City of Fort Collins Page 8 of 8
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 8
PROCLAMATION
WHEREAS, this is the 50th anniversary of National Emergency Medical Services (EMS) Week;
and the theme, “Honoring Our Past, Forging Our Future,” seeks to empower us to remember the pioneers
who made EMS what it is today and encourages us to face the future with their same tenacity and drive
for excellence; and
WHEREAS, the members of EMS teams are ready to provide lifesaving care 24 hours a day, 7
days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
WHEREAS, EMS has grown to fill gaps by providing vital, out-of-hospital care, including
preventative medicine, connections to social services, follow-up care, and access to telemedicine; and
WHEREAS, the EMS system consists of medical technicians, paramedics, telecommunicators,
firefighters, data analysts, police officers, educators, administrators, nurses, physicians, community
members, and other out-of-hospital care providers; and
WHEREAS, the members of EMS teams, whether career or volunteer, engage in thousands of
hours of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS, it is important to recognize the value and the accomplishments of EMS providers
by designating EMS Week and celebrating their tireless work.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the
week of May 19 through 25, 2024, as
EMERGENCY MEDICAL SERVICES WEEK
with the theme, “Honoring our Past, Forging our Future,” I encourage the community to observe this
week with appropriate programs, education, and activities such as learning CPR or thanking a first
responder.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 21st day of May, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
Interim City Clerk Page 9
Item PP 1.
PROCLAMATION
WHEREAS, April to September is the season most commonly associated with snowmelt
flooding and thunderstorm flash flooding; and
WHEREAS, Fort Collins has experienced the social, economic and environmental
consequences of loss of life and damage to property caused by flood disasters; and
WHEREAS, emergency preparedness depends on the leadership and efforts of public
officials dedicated to public safety and requires the establishment of farsighted and proactive
public policy; and
WHEREAS, Fort Collins Utilities has received a Community Rating System Class 2
designation by the Federal Emergency Management Agency, recognizing the City’s
comprehensive Stormwater and Floodplain Management Program; and
WHEREAS, Fort Collins community members have benefited from past investment in
stormwater infrastructure, while additional infrastructure is still needed to continue to mitigate
flooding in areas that are not yet protected; and
WHEREAS, by being informed and prepared and taking proper protective action, the
residents of Fort Collins can reduce the potential for loss of life and damage to property when
threatened by these events.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim May 19 through 25, 2024, as
FLOOD AWARENESS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of May, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
Interim City Clerk
Page 10
Item PP 2.
PROCLAMATION
WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the
month of June through educational programs, commuting events, races, groups rides, or just getting out
and going for a ride; and
WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all citizens by
fostering physical and mental health, improving air quality, reducing traffic congestion and noise,
decreasing the use of and dependence upon finite energy sources; and
WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of
transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating
the development of bicycle facilities; and
WHEREAS, our City maintains over 280 miles of bikeway networks which attract thousands of
bicyclists each year; and
WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Level Bicycle
Friendly Communities, as designated by the League of American Bicyclists; and
WHEREAS, the City of Fort Collins adopted the Active Modes Plan in 2022 which set the goals
to achieve a 50 percent active mode share for all trips and eliminate all active modes traffic fatalities and
serious injuries by 2032 in support of the City’s larger vision zero goal to support eliminating all traffic
fatalities and serious injuries; and
WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Routes to School, and other
local businesses and organizations will be promoting bicycling as a viable means of transportation during
the month of June 2024.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the
month of June 2024, as
BIKE MONTH
in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation
and to participate in the many events planned for the summer months, particularly, the 36th annual Bike
to Work (or Wherever) Day on Wednesday, June 26th.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 21st day of May, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
Interim City Clerk Page 11
Item PP 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Lawrence Pollack, Budget Director
Jacob Castillo, Chief Sustainability Officer
Travis Storin, Chief Financial Officer
SUBJECT
Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the 2050 Tax
for Various Programs and Services Related to Parks, Recreation, Transit and Our Climate Future.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024 funding of
the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales and Use Tax increase,
which is dedicated to the areas of Parks, Recreation, Transit and Climate. This tax begins in 2024 and
expires at the end of 2050.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
At the December 2021 Council Finance Committee (CFC) meeting, staff presented an item to discuss
specific identified revenue needs and potential funding options. Multiple conversations occurred throughout
2022 at various CFC meetings. In 2023, the areas of need were focused on Parks, Recreation, Transit,
Climate and Housing. Estimated annual shortfalls ranged from eight to nearly fifteen million per area, as
follows:
• Parks & Recreation $8.0 to $12.0M annual shortfall (Parks & Recreation Master Plan)
• Transit $8.0M to $14.7M annual shortfall (Transit Master Plan)
• Climate $9.5M+ annual shortfall (Our Climate Future Plan)
• Housing $8.0M to $9.5M annual shortfall (Housing Strategic Plan)
This topic eventually came in front of Council in 2023 and after a few Work Sessions, proposed funding for
these items was determined. Council approved two ballot items to be referred to the voters of Fort Collins
to fund these areas. Parks, Recreation, Transit and Climate were proposed to be funded from a dedicated
0.5% Sales and Use Tax increase. In a departure from previous tax initiatives and renewals, this item was
proposed for a 27-year period beginning in 2024 and expiring at the end of 2050. The other referral was
for housing needs, which were proposed to be funded by a property tax increase.
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Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
In November 2023, the voters of Fort Collins approved one of those initiatives, specifically the 0.5% Sales
Tax outlined as follows:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2023 Ballot Language:
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $23,800,000 IN THE FIRST FULL FISCAL
YEAR (2024), AND BY SUCH AMOUNTS COLLECTED ANNUALLY THEREAFTER, FROM A .50%
SALES AND USE TAX BEGINNING JANUARY 1, 2024, AND ENDING AT MIDNIGHT ON DECEMBER
31, 2050, WITH THE TAX REVENUES SPENT ONLY FOR THE FOLLOWING:
- 50% FOR THE REPLACEMENT, UPGRADE, MAINTENANCE, AND ACCESSIBILITY OF PARKS
FACILITIES AND FOR THE REPLACEMENT AND CONSTRUCTION OF INDOOR AND OUTDOOR
RECREATION AND POOL FACILITIES,
- 25% FOR PROGRAMS AND PROJECTS ADVANCING GREENHOUSE GAS AND AIR POLLUTION
REDUCTION, THE CITY’S 2030 GOAL OF 100% RENEWABLE ELECTRICITY, AND THE CITY’S
2050 GOAL OF COMMUNITY-WIDE CARBON NEUTRALITY, AND
- 25% FOR THE CITY’S TRANSIT SYSTEM, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE
IMPROVEMENTS, PURCHASE OF EQUIPMENT, AND UPGRADED AND EXPANDED SERVICES;
AND WHILE CITY COUNCIL MAY EXERCISE ITS DISCRETION IN DECIDING THE TIMING OF
SPENDING FOR EACH CATEGORY, THAT SPENDING SHALL SUPPLEMENT AND NOT REPLACE
THE CURRENT CITY FUNDING FOR THE SPECIFIED PURPOSES AND SHALL BE RECONCILED TO
THE STATED PERCENTAGES BY THE END OF 2030, 2040, AND WHEN THE LAST REVENUES
COLLECTED FROM THE TAX ARE SPENT, BUT THIS TAX SHALL NOT APPLY TO:
- ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX;
- FOOD FOR HOME CONSUMPTION; AND
- MANUFACTURING EQUIPMENT, BUT FOR THE USE TAX ONLY;
AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE
COLLECTED, RETAINED, AND SPENT AS A VOTER-APPROVED REVENUE CHANGE
NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Given the timing of the vote relative to the 2024 Annual Appropriation (2024 Budget) process, it was
determined that the 2024 appropriation for the approved Sales and Use Tax increase would be discussed
as its own item early in the year. Staff has worked to identify specific projects for the first year of this tax,
as detailed in the list of proposed projects (Attachment 1). Knowing that staff is concurrently working on
the 2025-26 City Manager’s Recommended Budget to present to Council later this year, many of the
proposed projects are one-time in nature, targeted to be substantially completed in 2024. Proposals of an
ongoing nature are primarily for the staff needed to start this work and be positioned to execute the projects
approved as part of the 2025-26 Budget.
This item was discussed at the Council Finance Committee (CFC) meeting on March 20, 2024. Council
questions were addressed with a follow-up request for more detail on the Parks and Recreation offer. This
offer initiates a large asset and infrastructure replacement program like the Street Maintenance Program
or the Water and Sewer Replacement programs, and this offer is modeled after those types of programs.
The details for the analysis and prioritization of current assets can be found in the Infrastructure
Page 13
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Replacement Program report at the following web address: https://www.fcgov.com/parks/files/fort-collins-
parks-infrastructure-replacement-program-management-plan_compressed.pdf?1665426175
Additionally, per that CFC conversation on the climate portion of the tax, the item to ‘Add Solar PV System
at City Facility’ was moved from the elective offers to the recommended offers.
The 2050 Tax was subsequently reviewed with the full Council at their work session on April 9, 2024. The
associated work session summary includes specific follow up from that Council conversation (Attachment
2).
From that work session, the following changes were made for First Reading:
1. The Parks and Recreation portion of the tax has been broken into three separate proposals and those
are viewable in Attachment 1.
2. Of the three elective proposals within the Climate portion of the tax discussed during the work session,
only the Poudre River Health Assessment has been included in the First Reading materials.
CITY FINANCIAL IMPACTS
Adoption of this ordinance would increase City appropriations by $10,244,180 with $5,302,586 supporting
Parks and Recreation, $1,149,594 for Transit and $3,792,000 for Climate. The 2024 estimated revenue
collections is $20,000,000 and of that, the remaining unappropriated amount of $9,755,820 will be held in
reserves dedicated to each of the three ballot language categories. Those funds will be available for future
appropriation, whether in the 2025-26 Recommended Budget or other appropriations authorized by
Council.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 14
Item 1.
-1-
ORDINANCE NO. 058, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION OF THE 2050 TAX
FOR VARIOUS PROGRAMS AND SERVICES RELATED TO
PARKS, RECREATION, TRANSIT AND OUR CLIMATE FUTURE
A. In August 2023, the City Council adopted Resolution No. 2023-074, which
submitted to the City’s registered electors a ballot issue to increase the City’s sales and
use tax by .50%, beginning January 1, 2024 and ending at midnight on December 31,
2025, with the revenues to be spent only for certain items related to parks and recreation;
air pollution and climate goals; and transit system improvements (the “2050 Tax”).
B. The electors approved the ballot issue at the City’s regular municipal
election held on November 7, 2023, and the 2050 Tax went int o effect January 1, 2024.
C. City staff presented proposed projects for the revenue from the 2050 Tax to
Council Finance Committee on March 20, 2024. Building on questions and comments
from Council Finance Committee, City staff presented proposed projects to the full
Council at a work session on April 9, 2024.
D. Because the vote to approve the 2050 Tax occurred at roughly the same
time as Council’s approval of the 2024 annual appropriation, the appropriation of 2024
revenue from the 2050 Tax is being presented as a standalone item.
E. City staff continue to work on the 2025-2026 City Manager’s Recommended
Budget to be presented to Council later this year, and many of the projects staff is
proposing for the 2024 revenue from the 2050 Tax are one -time in nature and are
expected to be substantially complete in 2024. However, a portion of the amounts
identified for the proposals are ongoing in nature primarily for the staff needed to start this
work and be positioned to execute projects approved as part of the 2025-2026 Budget.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplem ental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the 2050 Tax Parks Recreation Transit and Our Climate Future Fund and will not cause
the total amount appropriated in the 2050 Tax Parks Recreation Transit and Our Climate
Future Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
Page 15
Item 1.
-2-
H. Article V, Section 11 of the City Charter authorizes the City Cou ncil to
designate in the ordinance when appropriating funds for capital projects that such funds
shall not lapse until the completion of the capital project.
I. The City Council wishes to designate a portion of the appropriation herein
for the 2050 tax for Parks, Recreation, Transit and Our Climate Future as an appropriation
that shall not lapse until the earlier completion of Capital Projects or the City’s expenditure
of all funds.
In light of the foregoing recitals, which the Council hereby makes and adopt s as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of FIVE
MILLION THREE HUNDRED TWO THOUSAND FIVE HUNDRED EIGHTY-SIX
DOLLARS ($5,302,586) to be expended in the 2050 Tax Parks Recreation Transit and
Our Climate Future Fund for various Parks and Recreation programs and services.
Section 2. There is hereby appropriated from new revenue or other funds in the
2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of ONE
MILLION ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED NINETY-FOUR
DOLLARS ($1,149,594) to be expended in the 2050 Tax Parks Recreation Transit and
Our Climate Future Fund for various Transit programs and services.
Section 3. There is hereby appropriated from new revenue or other funds in the
2050 Tax Parks Recreation Transit and Our Climate Future Fund the sum of THREE
MILLION SEVEN HUNDRED NINETY-TWO THOUSAND DOLLARS ($3,792,000) to be
expended in the 2050 Tax Parks Recreation Transit and Our Climate Future Fund for
various Our Climate Future programs and services.
Section 4. That, as provided in Article V, Section 11 of the City Charter, all of
the following funds appropriated herein for capital projects shall not lapse until the
completion of the capital project:
Parks and Recreation – Transform $4,000,000
Our Climate Future - Comprehensive
exterior lighting retrofits at City recreation
centers
$500,000
Our Climate Future - Implement bicycle
infrastructure as determined in Active
Modes plan (Centre Ave)
$350,000
Our Climate Future - Implement bicycle
infrastructure as determined in Active
Modes plan (Laporte Ave)
$57,000
Page 16
Item 1.
-3-
Our Climate Future - Add solar PV system
at City Facility – new fueling canopy and
shop expansion at Wood St
$250,000
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ryan Malarky
Page 17
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Meaghan Overton, Housing Manager
Clay Frickey, Planning Manager
SUBJECT
Second Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from the Local
Planning Capacity Grant for the Affordable Housing and Planning Development Process
Improvement Project and Approving a Related Grant Agreement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates awarded funds from
the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State Department of Local
Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month process improvement project
intended to reduce development review timelines for affordable housing developments to meet Proposition
123’s 90-day “fast track” approval requirements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In February 2024, staff applied for a $200,000 grant from the Local Planning Capacity (LPC) grant program
administered by the Department of Local Affairs (DOLA). In March 2024, staff received notification that the
City’s grant application had been awarded full funding. To begin the project, Council must appropriate the
awarded funds.
This project, “Fast Track LEAN Process Improvements,” seeks to reduce approval timelines for affordable
housing by approximately 50% compared to Fort Collins's baseline approval averages from 2019-2023.
Staff plans to achieve this goal through both land use code changes (expected May 2024) and a formal
process improvement project utilizing LEAN principles (12–18-month project timeline). Funding will support
consultant expertise in LEAN principles and project management, which are critical for a project that seeks
to implement process improvement among the 15+ departments involved in development review. Upon
completion, Fort Collins will be poised to consistently achieve the 90-day Fast Track requirements under
Proposition 123. This project is aligned with and will be managed concurrently with the Development
Review Digital Transformation project.
The LPC grant program was established by Proposition 123, the State Affordable Housing Fund, and is
one of several new funding programs available through DOLA. The program supports local government
efforts to implement systems that expedite the development review process for affordable housing. These
funds can also support local government capacity to achieve local affordable housing goals and maintain
Page 18
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
eligibility for Proposition 123 funding. The City’s project proposal for the LPC grant program was reviewed
based on a variety of factors including readiness, impact on housing, support from local leadership, and
local context.
Fort Collins has made a local commitment under Proposition 123 which makes the City and its partners
eligible to apply for Proposition 123 funds. This most recent award brings Fort Collins’ total Proposition 123
funding to nearly $5 million to date across multiple projects in less than 2 years:
$200,000 - Fast Track LEAN Process Improvement (Local Planning Capacity grant program, 2024)
$1.6 million - Housing Catalyst’s Village on Eastbrook (Land Banking grant program, 2024)
$3.1 million - Several awards to partners including Outreach Fort Collins, Homeward Alliance, Fort
Collins Rescue Mission, and the Matthews House (Transformational Homelessness Response grant
program, 2023)
CITY FINANCIAL IMPACTS
The $200,000 grant will be appropriated into the General Fund.
This grant requires a 21% local match, which has already been integrated into the project scope and budget
for software expenses as part of the development review and permitting digital transformation project.
The grant is reimbursement-based.
There is no ongoing financial impact to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 19
Item 2.
-1-
ORDINANCE NO. 059, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL
PLANNING CAPACITY GRANT FOR THE AFFORDABLE HOUSING
AND PLANNING DEVELOPMENT PROCESS IMPROVEMENT
PROJECT AND APPROVING A RELATED GRANT AGREEMENT
A. In February 2024, the City applied for a $200,000 grant from the Local
Planning Capacity (“LPC”) grant program administered by the Department of Local Affairs
(“DOLA”). The LPC grant program was established by Proposition 123, the State
Affordable Housing Fund and supports local governments’ efforts to implement systems
that expedite the development review process for affordable housing.
B. In March 2024, staff received notification that the City’s grant application
had been awarded full reimbursement funding, subject to a 21% match requirement.
DOLA has provided the City with a draft grant agreement (“Agreement”) to govern the
grant funding, which is attached hereto as Exhibit “A”.
C. This Grant will be used to help reduce approval timelines for affordable
housing by approximately 50% compared to Fort Collins's baseline approval averages
from 2019-2023 (“Project".). Staff plans to achieve this goal through both land use code
changes and a formal process improvement project utilizing LEAN principles. Grant
funding will support consultant expertise in LEAN principles and project management,
which are critical for a project that seeks to implement process improvement among the
more than fifteen departments involved in development review. Upon completion, Fort
Collins will be poised to consistently achieve the 90 -day Fast Track requirements under
Proposition 123.
D. The state of Colorado issued the Agreement, which grants an award of
$200,000 to the City for the Project. The Agreement includes a 21% City match
requirement of the total Project cost and such funds were previously appropriated.
E. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of improving the efficiency of the City’s
administrative processes relating to affordable housing development.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
Page 20
Item 2.
-2-
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the Local
Planning Capacity Grant as an appropriation that shall not lapse until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the General Fund for the Affordable Housing and Planning Development
Process Improvement Project.
Section 2. The appropriation herein for the Local Planning Capacity Grant is
hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Section 3. The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the grant of the award
and Agreement.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ted Hewitt
Page 21
Item 2.
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
LPC-24-010
CMS Number
190603
Grantee
City of Fort Collins
Grant Award Amount
$200,000.00
Retainage Amount
$10,000.00
Project Number and Name
LPC-24-010 Fort Collins - Fast Track LEAN Process
Improvements
Performance Start Date
The later of the Effective Date
or April 22, 2024
Grant Expiration Date
December 31, 2025
Project Description
The Project consists of upgrading development review
software and hiring consultants to support Lean process
improvements across City departments in order to implement
a system to expedite the development review process for
affordable housing projects and generally advance affordable
housing goals in Fort Collins, Colorado.
Program Name
Local Planning Capacity Grant Program (Acctg Dropdwn LPC)
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Program Manager
Robyn DiFalco, (720) 682-5202, (robyn.difalco@state.co.us)
Funding Account Codes
Acctg enters CTGG1 #
DOLA Program Assistant
Jessica Rupe, (720) 557-4902, (jessica.rupe@state.co.us)
VCUST#
14149
Address
Code AD004 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
0BPROGRAM REVIEWER
1B_______________________________________________
2BBy: Robyn DiFalco, LPC Program Manager
3BDate: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Maria De Cambra, Executive Director
______________________________________________
By: Maria De Cambra, Executive Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
or an authorized delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
EXHIBIT A TO ORDINANCE NO. 059, 2024
Page 22
Item 2.
LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements
Page 2 of 13 Version 12 2023
TERMS AND CONDITIONS
1.GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the “Grantee”) an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2.TERM
A.Initial Grant Term and Extension
The Parties’ respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B.Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C.Reserved.
3.AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A.Reserved.
EXHIBIT A TO ORDINANCE NO. 059, 2024
Page 23
Item 2.
LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements
Page 3 of 13 Version 12 2023
B. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. Section 29-32-
103(1) et. seq. (Affordable Housing Support Fund) and a sufficient unencumbered balance
hereof remains available for payment. Required approvals, clearance and coordination have
been accomplished from and with appropriate agencies. This Intergovernmental Grant
Agreement is funded, in whole or in part, with State funds.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
B. “Business Day” means any day on which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. Reserved.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. “Grant” or “Intergovernmental Grant Agreement” means this agreement which offers
Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future updates thereto.
F. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H. “Performance Start Date” means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
I. “Exhibits” means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
K. Reserved.
L. Reserved.
M. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
EXHIBIT A TO ORDINANCE NO. 059, 2024
Page 24
Item 2.
LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements
Page 4 of 13 Version 12 2023
N. “Incident” means any accidental or deliberate event that results in, or constitutes an
imminent threat of, the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
O. “Initial Term” means the time period between the Performance Start Date and the initial
Grant Expiration Date.
P. “Matching Funds” or “Other Funds” means funds provided by the Grantee as a match
required to receive the Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. Reserved.
S. Reserved.
T. Reserved.
U. Reserved.
V. “Services” means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
W. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known
to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
(iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on
any State Confidential Information.
X. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. Reserved.
BB. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
CC. Reserved.
DD. Reserved.
EE. Reserved.
FF. “Work” means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
EXHIBIT A TO ORDINANCE NO. 059, 2024
Page 25
Item 2.
LPC-24-010 Fort Collins - Fast Track LEAN Process Improvements
Page 5 of 13 Version 12 2023
GG. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Local Planning Capacity Grant Program is to increase the capacity of local
government planning departments responsible for processing land use, permitting, and zoning
applications for affordable housing projects. The purpose of this Grant is described in Exhibit B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Reserved.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Grantee’s laws or policies.
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall only reimburse allowable costs if those costs are: (a) reasonable and necessary
to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual
net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that
reduce the cost actually incurred).
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final
reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement
request are subject to de-obligation by the State.
F. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
8. REPORTING – NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
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the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. The State shall have the right,
in its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card
information) Data Security Standard from the PCI Security Standards Council for all PCI,
(iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and
(iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all
protected health information (PHI) and the HIPAA Business Associate Agreement attached
to this Grant, if applicable. Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
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Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifiable Information (PII)
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee’s
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Grantee is given direct access to any State databases containing
PII, Grantee shall execute, on behalf of itself and its employees, the certification on an annual
basis, attached as an exhibit, if applicable. Grantee’s duty and obligation to certify as set forth
in the exhibit shall continue as long as Grantee has direct access to any State databases
containing PII. If Grantee uses any Subcontractors to perform services requiring direct access
to State databases containing PII, the Grantee shall require such Subcontractors to execute
and deliver the certification to the State on an annual basis, so long as the Subcontractor has
access to State databases containing PII.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
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from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State’s sole discretion. The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
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condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
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G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Colorado Special Provisions in §19 of the main body of this Grant;
ii. Any executed Option Letter and Amendment;
iii. The provisions of this Intergovernmental Grant Agreement; and
iv. The provisions of any exhibits to this Intergovernmental Grant Agreement.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
I. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
K. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
L. Accessibility
i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act
of 1973, as amended.
ii. Grantee shall comply with and the Work Product provided under this Agreement
shall be in compliance with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and the Accessibility Standards for Individuals with a Disability, as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also
comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
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iii. The State may require Grantee’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Grantee’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
M. Reserved.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a
Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or
employee of the State. Grantee shall not have authorization, express or implied, to bind the
State to any agreement, liability, or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
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F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules,
and regulations shall be null and void. All suits or actions related to this Intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits
Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible
property; or that conflicts with this provision in any way shall be void ab initio. Nothing in
this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of
§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Intergovernmental Grant Agreement shall not
be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this
Intergovernmental Grant Agreement, including, without limitation, immediate termination of
this Intergovernmental Grant Agreement and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Intergovernmental
Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Grantee’s services and
Grantee shall not employ any person having such known interests.
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EXHIBIT B – SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Local Planning Capacity. The purpose of the Local Planning Capacity (LPC) grant program is to
provide funding to local governments to increase the capacity of their planning departments responsible
for processing land use, permitting, and zoning applications for housing projects. “Fast Track” or
expedited review of affordable housing projects is a top priority to increase the number of units built.
Grant Funds may be used support new staff wages, hiring consultants, implementing new systems and
technologies, revising land use development codes, regional collaborations, and tracking and
documentation of Prop 123 goals.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of upgrading development review software and hiring
consultants to support Lean process improvements across City departments in order to implement a
system to expedite the development review process for affordable housing projects and generally
advance affordable housing goals in Fort Collins, Colorado.
2.2. Work Description. The City of Fort Collins (Grantee) will hire qualified consultants, with expertise in
Lean principles and project management, to explore process improvements across City departments in
order to implement an expedited review process for affordable housing. Work includes auditing
existing conditions, presenting findings, making recommendations, staff training, and implementation
of process improvements. Additional Work includes upgrades to development review software as part
of the City’s development review digital transformation project. Grantee may also conduct targeted
stakeholder engagement activities related to some of the Project elements, where applicable. The
Grantee will complete quarterly performance metric reporting in a form provided by DOLA.
Additionally, at Project Closeout, a Final Informal Memo will be submitted that identifies the
following: 1) description of the Grantee’s approach to expedited review of affordable housing; 2) the
outcome of that effort, including whether new policies were formally adopted and an assessment how
effectively this approach has been at reducing the amount of time required for review; 3) any other
project outcomes that impacted the Grantee’s Prop 123-related goals; 4) description of community
engagement efforts; 5) the number of affordable housing units that were either permitted or preserved
during the grant period; 6) the degree to which this grant has had a transformative impact on Grantee’s
affordable housing efforts; and 7) any lessons learned. Grantee will own all resulting documents.
2.2.1. A contract for consultant services shall be awarded by Grantee to a qualified firm through a
formal Request For Proposals or competitive selection process.
2.2.2. A contract for the purchase or acquisition of materials or equipment shall be awarded by
Grantee to a qualified vendor or firm through a competitive selection process with the Grantee
being obligated to award the contract to the lowest responsive, responsible bidder meeting the
Grantee's specifications.
2.2.3. During a period of ten (10) years following the date of closeout of the Project by the State, the
Grantee may not change the ownership of the equipment. If the Grantee decides to change
the ownership of the equipment to an entity which the State determines does not qualify in
meeting the original intent of the Project, the Grantee must reimburse to the State an amount
equal to the current fair market value of the equipment, less any portion of the value attributable
to expenditures of non-LPC grant funds for acquisition of and improvements to, the equipment.
At the end of the ten (10) year period following the date of completion and thereafter, no State
restrictions on ownership of the equipment shall be in effect.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
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DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: consultant fees, RFP/bid advertisements,
equipment and software acquisition costs, freight costs, hardware, software and training costs,
installation costs, and attorney’s fees.
2.5.1. Direct costs are those that are identified as program-specific allowable costs of implementing the
grant program objective.
2.5.2. Ineligible Expenses. Ineligible expenses shall include, but are not limited to,: job posting or
recruitment costs, indirect overhead or general operating costs, housing construction, pre-
development costs, lobbying, food, drink, or entertainment costs. Grant Funds may not be used to
cover legal costs to defend.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. “Consultant Services” means consultant fees, RFP/bid advertisements, and attorney’s fees.
3.1.2. “Equipment, Software Acquisition” means freight costs, RFP/Bid advertisement costs,
hardware, software and training costs, installation costs, and attorney’s fees.
3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is completion of the development review software upgrade,
documentation/reports associated with the process improvement efforts, implementation of a system to
expedite the development review process for affordable housing projects and / or achieve Proposition
123 requirements in Fort Collins, Colorado, and a completed Final Informal Memo, submitted to
DOLA.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Fort
Collins, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By:
Provide DOLA with baseline data on estimated review time for
affordable housing projects. DOLA will provide the template.
Within 30 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Begin procurement process or Contractor mobilization. Within 90 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Provide DOLA with a copy of Grantee’s Consultant Agreement or
its Scope of Work.
Within 14 days after the
Effective Date of the
subcontract(s).
Documentation of efforts to explore, adopt, and/or implement
policies to expedite review of affordable housing.
Within 30 days after the
Policy adoption.
Submit draft deliverables (land use/zoning code or policy updates,
reports/analysis/studies) to DOLA for review prior to adoption.
Within 7 days prior to a
scheduled public hearing.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
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Submit Project Final Report March 31, 2026
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
budget lines, so long as the total amount of such “Other Funds” is not less than the amount set
forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendment or option letter. DOLA will verify the Grantee’s
contribution of “Other Funds” and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes
3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes
4th (Oct-Dec) 2024 January 30, 2025 Yes Yes
1st (Jan-Mar) 2025 April 30, 2025 Yes Yes
2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes
3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes
4th (Oct-Dec) 2025 January 30, 2026 Yes Yes
*State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for
all eligible costs incurred during a State fiscal year by July 15 annually.
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of
Clay Frickey, Planning Manager, (cfrickey@fcgov.com), who is an employee or agent of Grantee,
and is hereby designated as the responsible administrator of this Project and a key person under this §5.
Such administrator shall be updated through the process in §5.3. If this person is an agent of the
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Grantee, such person must have signature authority to bind the Grantee and must provide evidence of
such authority.
5.2. Other Key Personnel. Meaghan Overton, Housing Manager, (moverton@fcgov.com). Such key
personnel shall be updated through the process in §5.3.
5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4. DLG Program Manager: Robyn DiFalco, (720) 682-5202, (robyn.difalco@state.co.us).
5.5. DLG Program Assistant: Jessica Rupe, (720) 557-4902, (jessica.rupe@state.co.us).
6. FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least 21% of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are
noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
6.2. Budget
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source Line
#
Cost Category
1 Consultant Services $200,000 $200,000 $0 Grantee
2 Equipment, Software
Acquisition
$55,000 $0 $55,000 Grantee
Total $255,000 $200,000 $55,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s) $190,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $10,000 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total $200,000
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
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8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if
any, during the term of this Grant. Results of such monitoring shall be documented by Grantee
and maintained on file.
8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or
subcontractors) performing such work shall secure the bonds hereunder from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid
guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the
contract price. A “performance bond” is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract
price. A “payment bond” is one executed in connection with a contract to assure payment as
required by statute of all persons supplying labor and material in the execution of the work
provided for in the contract.
8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the price is less than $50,000.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO ORDINANCE NO. 059, 2024
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give
Emily Wegner, Lead Specialist, Environmental Sustainability, Environmental Services
SUBJECT
Second Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Environmental Services Curbside Recycling.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates an award of
approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s Residential
Contracted Trash and Recycling Program and to support recycling outreach and education for the
community.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City Residential Contracted Trash and Recycling collection program will begin on September 30, 2024,
and include weekly single-stream curbside recycling collection for approximately 41,500 households within
City limits.
The Environmental Services Department in the Sustainability Services Area received a grant from the
Recycling Partnership totaling approximately $622,500 to support the purchase of recycling carts and an
additional $41,500 to support additional recycling outreach and education.
In addition to the cash grants, Recycling Partnership will provide access to resources, time, and other in ‐
kind services at an estimated value of up to $125,000. The purpose of these in-kind services is to support
the City’s public recycling program through technical support, including strategic planning, program
assessment, measurement activities, and education and outreach.
The City through their trash and recycling contractor, Republic Services, will distribute recycling carts to
residents. Grant funding will help offset the cost of purchasing and distributing one (1) recycling cart to
each eligible household. Customers’ service rates have been reduced by $0.25/month to account for the
grant funding.
Republic Services will make the initial purchase of all carts for the program, including the recycling carts
under the Grant Agreement. Republic Services will invoice the City for the amount of the grant and recover
Page 40
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
the remaining cost of the carts by amortizing the cost over the life of the recycling services contract.
Ownership of the carts will transfer from Republic Services to the City upon expiration or termination of the
City’s contract with Republic Services.
The City’s responsibilities include but are not limited to:
The recycling carts, embedded RFID tags, must be manufactured with a minimum of five percent (5%)
residential post-consumer recycled plastic content based on the weight of the entire mass of the body,
lid, and wheels.
The development and implementation of an education program utilizing the City’s website, digital and
print material content, and supported events. The goal of the education program is to communicate the
cart delivery schedule, acceptable recyclable materials in the new program, and the recycling collection
schedule.
The production and distribution of educational materials with the delivery of new recycling carts.
Utilization of program analysis and measurement activities.
The Recycling Partnership is a mission driven non-governmental organization that works to unlock the
environmental and economic benefits of recycling. For nearly a decade, Recycling Partnership has reached
millions of households, diverted hundreds of millions of incremental pounds of valuable recyclables from
landfills, delivered hundreds of thousands of recycling carts, and has led innovative recycling systems
change.
CITY FINANCIAL IMPACTS
This item appropriates $664,000 in philanthropic revenue to support the City’s curbside recycling collection
system and community engagement as designated by the donor. The award from Recycling Partnership
is a reimbursement award; the City will provide documentation accompanied by reasonable and
appropriate summaries of expenses paid outlined in the Agreement.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 41
Item 3.
-1-
ORDINANCE NO. 060, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR ENVIRONMENTAL SERVICES CURBSIDE RECYCLING
A. The City’s residential waste collection program (the “Program”) will begin
on September 30, 2024, and include weekly single -stream curbside recycling collection
for approximately 41,500 households within City limits.
B. The City has been awarded a reimbursement -based grant from The
Recycling Partnership totaling approximately $622,500 to support the purchase of
recycling carts and an additional $41,500 to support additional recycling outreach and
education (the “Grant”). In addition to the Grant, The Recycling Partnership will provide
the City access to resources, time, and other in‐kind services at an estimated value of up
to $125,000.
C. The Grant will be used to purchase recycling carts delivered to residents as
part of the Program. Republic Services, the City’s contracted waste hauler, will make the
initial purchase of all carts for the Program, including recycling carts. Republic Services
will invoice the City for the amount of the Grant dedicated to purchasing recycling carts
and recover the remaining cost of the carts by amortizing the cost over Republic Services’
five-year contract with the City. Program customers will receive a discount on their bill of
$0.25 per month to reflect the value of the Grant funding. Ownership of the carts will
transfer from Republic Services to the City upon expiration or termination of the City’s
contract with Republic Services.
D. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of improving and economizing recycling
services offered to City residents.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
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Item 3.
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state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
H. The City Council wishes to designate the appropriation herein for
Environmental Services Curbside Recycling as an appropriation that shall not lapse until
the earlier of the expiration of the grant or donation or the City’s expenditure of all funds
received from such grant or donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF TH E CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new Philanthropic Revenue in the
General Fund the sum of SIX HUNDRED SIXTY-FOUR THOUSAND DOLLARS
($664,000) to be expended in the General Fund for curbside recycling collection.
Section 2. The appropriation herein for Environmental Services Curbside
Recycling is hereby designated, as authorized in Article V, Section 11 of the City Charter,
as an appropriation that shall not lapse at the end of this fiscal year but continue until the
earlier of the expiration of the grant or donation or the City’s expenditure of all funds
received from such grant or donation.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ted Hewitt
Page 43
Item 3.
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services as
Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, requests appropriation of $58,235
in philanthropic revenue received through City Give. These miscellaneous gifts to various City departments
support a variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated
for its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling
$58,235 and these funds are currently unappropriated. As acknowledged by Section 2.5 of the City's
Fiscal Management Policy 2-Revenue approved by Council, the City Manager has adopted the City
Give Financial Governance Policy to provide for the responsible and efficient management of charitable
donations to the City.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs. These gifts represent a
range of support for City programming and services: 9-11 Memorial, Visual Arts, Restorative, Forestry,
FC Moves, and the Youth Golf Scholarship Fund.
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Item 4.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $4,815 received in 2023 being appropriated from prior year reserves,
and $53,420 in new philanthropic revenue received in 2024 through City Give for gifts to various City
departments support a variety of programs and services.
The donations shall be expended from the designated fund solely for the donor’s directed intent.
From Prior Year Reserves:
Capital Projects Fund $2,800
General Fund $2,015
From New Unanticipated Philanthropic Revenue:
General Fund $14,920
Golf Fund $27,000
Transportation Services Fund $1,500
Capital Projects Fund $10,000
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations, are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in
those Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 45
Item 4.
-1-
ORDINANCE NO. 061, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNANTICIPATED PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND
SERVICES AS DESIGNATED BY THE DONORS
A. In 2023, the City received seven donations totaling $4,815 and since the
beginning of 2024, nineteen donations totaling $53,420 to be used for various City
programs and services.
B. The donors have directed these donations to be used solely by the City for
certain designated uses.
C. As acknowledged by Section 2.5 of the City’s Fiscal Management Policy 2
– Revenue approved by City Council, the City Manager has adopted the City Give
Financial Governance Policy to provide for the responsible and efficient management of
charitable donations to the City (the “City Give Policy”).
D. Section 52.2.C. of the City Give Policy authorizes the City Give Director to
accept donations of $5,000 or less for the City service area intended by the donor to be
benefited and Section 52.2.D. of the City Give Policy similarly authorizes the City
Manager to accept donations of more than $5,000 up to $100,000.
E. As so authorized, the City Give Director and City Manager have accepted
for the benefited City service areas, as applicable, the donations to be appropriated in
this Ordinance to be used solely as directed by each donor.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
H. The City Manager has recommended the appropriations described in
Sections 1 and 2 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the funds named in
Sections 1 and 2 and will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in those
funds during this fiscal year.
Page 46
Item 4.
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I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation .
J. The City Council wishes to designate the appropriation herein for various
City Give donations as an appropriation that shall lapse at the end of this fiscal year,
except for the appropriation from the Golf Fund for a golf scholarship, which shall be non -
lapsing.
K. These appropriations will serve the public purpose of providing additional
revenue to each of the benefited service areas to aid them in accomplishing the public
purposes for which each service area is established thereby benefitting the public’s
health, safety and welfare.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the
donors:
Capital Projects Fund $ 2,800
General Fund $ 2,015
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2024 to be expended as designated by the donors:
Capital Projects Fund $ 10,000
General Fund $ 14,920
Transportation Services Fund $ 1,500
Golf Fund $ 27,000
Section 3. As authorized in Article V, Section 11 of the City Charter, the
appropriations herein for various City Give donations are hereby designated as
appropriations that shall lapse at the end of this fiscal year; provided, however, that the
appropriation herein from the Golf Fund for a golf scholarship donation is hereby
designated as an appropriation that shall not lapse at the end of the fiscal year but shall
Page 47
Item 4.
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continue until the earlier of the expiration of the donation or the City’s expenditure of all
funds received from such donation.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ryan Malarky
Page 48
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Art in Public Places Program, Pianos About Town Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, considers an appropriation of
$47,115 in philanthropic revenue received through City Give for the Art in Public Places program for the
designated purpose of Pianos About Town, a collaborative effort among the City of Fort Collins Art in Public
Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian Foundation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Pianos About Town is a collaboration between the City’s Art in Public Places program (APP), the Downtown
Development Authority's Art in Action program, and Bohemian Foundation. The project involves local
artists painting or artistically decorating pianos at the Art in Action tent in Old Town Square where the public
can watch the creative process and interact with the artists.
Pianos About Town contributes to the vibrancy of Fort Collins, making art and music fun and accessible
for all. These colorfully painted pianos are rotated throughout Fort Collins for the public to enjoy as both
musical instruments and works of art.
The $47,115 in philanthropic revenue is the second partial award toward a total 2023/2024 grant of
$94,301.
The first pianos were placed in Old Town in 2010. Since then, more than 130 donated pianos have been
decorated and placed into rotation at sites throughout Fort Collins. The painting and decorating of pianos
takes place throughout the year but is moved to indoor venues during the winter months. Area businesses
play a key role in the success of the project by "adopting" the painted pianos and covering them during
inclement weather.
The City’s responsibilities for the funding include but are not limited to: annually acquiring, repairing, pre -
painting preparing, and tuning twelve to thirteen pianos; the coordination of placement, moving and piano
tuning; working with appropriate City departments, the DDA and property owners on logistics for placing
pianos in desired locations; selecting and managing the visual artists; managing logistics with area partners
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
or other entities to cover and uncover pianos; and collaborating with Bohemian Foundation to host Pianos
About Town related events.
The grant is awarded by Bohemian Foundation, a Fort Collins-based private family foundation that supports
local, national, and global efforts to build strong communities. Funding for Equity Indicators was awarded
by Bohemian Foundation’s Community Programs which is committed to the care and enrichment of our
local community.
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $47,115 in unanticipated philanthropic revenue in the Cultural
Services and Facilities Fund for the Art in Public Places program. The funds have been received and
accepted per City Give Administrative and Financial Policy.
The City Manager recommends the appropriation described herein and determined that this appropriation
is available and previously unappropriated from the Cultural Services and Facilities Fund and will not cause
the total amount appropriated in the Cultural Services and Facilities Fund to exceed the current estimate
of actual and anticipated revenues to be received in the Cultural Services and Facilities Fund during this
fiscal year.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 50
Item 5.
-1-
ORDINANCE NO. 062, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR THE ART IN PUBLIC PLACES
PROGRAM, PIANOS ABOUT TOWN PROJECT
A. The Pianos About Town project was started by the City’s Art in Public
Places (APP) program in 2010 and involved local artists painting or decorating pianos in
Old Town Square, with the finished pianos being rotated throughout Fort Collins for the
public to enjoy.
B. Pianos About Town is now a collaboration between APP, the Downtown
Development Authority’s Art in Action Program, and Bohemian Foundation .
C. Bohemian Found has donated $47,115 to support Pianos About Town in
2024, and this Ordinance would appropriate the donated funds for that purpose .
D. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of contributing to the vibrancy of Fort Collins
by making art and music fun and accessible for all.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
H. The City Council wishes to designate the appropriation herein for Pianos
About Town donation as an appropriation that shall not lapse until the earlier of the
expiration of the grant or donation or the City’s expenditure of all funds received from
such grant or donation.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from New Philanthropic Revenue in the
Cultural Services and Facilities Fund the sum of FORTY-SEVEN THOUSAND ONE
HUNDRED FIFTEEN DOLLARS ($47,115) to be expended in the Cultural Services and
Facilities Fund for Pianos About Town.
Section 2. The appropriation herein for Pianos About Town is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or donation or the City’s expenditure of all funds received from
such grant or donation.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ted Hewitt
Page 52
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jim Lenderts, Marijuana Enforcement Officer, Police Services
Zack Mozer, Financial Analyst
SUBJECT
Second Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from the
Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement Grant
Program for the Fort Collins Police Services Marijuana Enforcement Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, supports Fort Collins Police
Services’ Marijuana Enforcement Program in investigating gray and black-market marijuana cases by
appropriating $39,641 of unanticipated grant revenue from the Colorado Department of Local Affairs
(DOLA), Gray and Black-Market Marijuana Enforcement.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
“Gray Market” is a term that refers to marijuana grown legally then sold in a way that would be illegal. An
example would be where someone has a medical card with an “extended plant count” which may allow
them to grow up to 99 plants, but instead of using the product for their own medical ne eds, they sell it on
the black market either locally to minors or someone in another state.
For the past five years, the State has made grant funding available to help address unlicensed and illegal
marijuana activity in Colorado. In 2023, Police Services received $32,339 and continue to investigate
complaints of illegal residential cultivation operations and unlicensed smoke shops selling synthetic
marijuana to minors.
On January 25, 2024, the City was awarded $39,641 through DOLA Gray and Black-Market Marijuana
Enforcement Grant Program for the purpose of investigating these cases of illegal marijuana cultivation
and distribution outside the legal, licensing framework.
Use of this grant funding and investigations has not only addressed criminal activity but also improved
neighborhood livability and provided insight into the level of unlicensed/illegal marijuana activity in the
community. With additional insight and knowledge, Police Services can address community priorities and
emerging trends in a proactive manner.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
Grant dollars helped provide additional resources to existing staff without having a direct impact on the City
budget. Funds are used primarily for overtime, equipment, and storage expenses to support these
investigations.
This item appropriates $39,641 in project and overtime costs to Fort Collins Police Services’ Marijuana
Enforcement Program from unanticipated grant revenue from DOLA.
DOLA will advance the funds to the City so overtime and equipment purchases may be authorized. Any
unused funds will be returned at the end of the grant period.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 54
Item 6.
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ORDINANCE NO. 063, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS GRAY AND
BLACK-MARKET MARIJUANA ENFORCEMENT GRANT
PROGRAM FOR THE FORT COLLINS POLICE SERVICES
MARIJUANA ENFORCEMENT PROGRAM
A. For the past five years, the State has made grant funding available to help
address unlicensed and illegal marijuana activity in Colorado.
B. In 2023, Fort Collins Police Services (FCPS) received $32,339 from the
Department of Local Affairs (“DOLA”) and continues to investigate complaints of illegal
residential cultivation operations and unlicensed smoke shops selling synthetic marijuana
to minors.
C. On January 25, 2024, City of Fort Collins was awarded $39,641 through the
DOLA Gray and Black-Market Marijuana Enforcement Grant Program for the purpose of
investigating cases of illegal marijuana cultivation and distribution outside the legal,
licensing framework.
D. Use of this grant funding and investigations has not only addressed criminal
activity but also improved neighborhood livability and provided insight into the level of
unlicensed/illegal marijuana activity in the community. With additional insight and
knowledge, Police Services can address community priorities and emerging trends in a
proactive manner.
E. These grant funds help provide additional financial resources to supplement
overtime costs, equipment, and storage expenses without having a direct impact on the
City budget.
F. This item appropriates $39,641 to FCPS Marijuana Enforcement Program
from unanticipated grant revenue from DOLA by advancing the funds to the City of Fort
Collins so overtime and equipment purchases may be authorized and any unused funds
will be returned at the end of the grant period.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
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to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the DOLA
Gray and Black-Market Enforcement Grant as an appropriation that shall not lapse until
the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of THIRTY-NINE THOUSAND SIX HUNDRED FORTY-ONE
DOLLARS ($39,641) to be expended in the General Fund for the FCPS Marijuana
Enforcement Program.
Section 2. The appropriation herein for the DOLA Gray and Black-Market
Enforcement Grant is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ethan Doak
Page 56
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Dyer, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior Year
Reserves and Grant Revenue from the Colorado Department of Transportation and Authorizing
Transfers for the College Avenue-Trilby Road Intersection Improvements Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, enables the City to receive and
expend Colorado Department of Transportation (CDOT) funds for the College Avenue-Trilby Road
Intersection Improvements Project (Project). The funds will be used for construction of improvements at
the intersection of South College Avenue and Trilby Road. If approved, this item will 1) appropriate
$361,361 of Congestion Mitigation and Air Quality (CMAQ) Improvement Program grant funds for the
Project; 2) appropriate $1,870,000 of Highway Improvement Program (HIP) grant funds; 3) appropriate
$5,272,260 of Surface Transportation Block Grant (STBG) Program funds; 4) appropriate $2,000,000 of
Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act grant funds; 5)
use $14,800 from development contributions to construction as part of the local match; 6) appropriate as
part of the local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF)
Reserves; 7) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public
Places Program; and 8) appropriate $48 (0.3% of the local match amount) for maintenance of art from
Transportation Fund Reserves to the Art in Public Places Program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Beginning in 2020 Engineering, Traffic Operations and FC Moves staff, with the use of the Arterial
Intersection Prioritization Study as a guide, identified traffic safety and congestion issues, as well as a lack
of active modes infrastructure, at the intersection of Trilby Road and South College Avenue (also known
as State Highway 287).
Staff has identified safety concerns with the current intersection, including high frequencies of approach
turn crashes and rear-end crashes. Operational concerns include high volumes of motorists on the north-
south legs of South College Avenue and increasing volumes on the east-west approach legs of Trilby Road.
Bicycle and pedestrian safety and accessibility are also concerns at the intersection, as there is very little
infrastructure established for either mode of travel.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The reconstructed intersection, with the assistance of design professionals, will improve safety for current
and future traffic levels as growth continues in the region and will create a safer intersection for all users.
After construction, the intersection will feature dual left turn lanes from South College Avenue to Trilby
Road, right turn lanes for each direction of travel, and a widened Trilby Road approach to South College
Avenue.
In early 2023 the Project Team, with CDOT’s approval, engaged a regional general contractor to assist in
the final design to improve efficiency in constructability. Due to a longer than anticipated rights of way
acquisition phase, that has involved over 24 different land parcels, the project team divided the project into
packages to commence early work in areas where rights of way have been secured while remaining rights
of way were continued to be secured. The project is currently underway with package one and anticipates
starting package two at the beginning of the 3rd quarter of 2024. The overall project is anticipated to be
completed sometime early 2025.
Funds that were appropriated to the Project prior to this action were utilized primarily for design and
acquisition. In order to secure the remaining funds needed to construct the Project, staff actively explored
and applied for multiple opportunities in 2022 and 2023. CDOT has also made significant additional
commitments to the Project in this timeframe.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the College Avenue-Trilby Road Intersection Improvements Project.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The total fund amount projected for this Project is $16,514,553 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project, through the design process and construction phasing, has received full environmental and
historical clearances through CDOT.
PUBLIC OUTREACH
Staff has developed a comprehensive Public Engagement Plan for the Project.
As part of the design and acquisition process, staff has discussed the Project with the adjacent property
owners, current business owners, and prospective developers immediately abutting the Project
improvements. In addition, staff and an outside acquisition consultant have met or conversed individually
with property owners on multiple occasions regarding design and construction details.
Staff has discussed and presented conceptual level drawings at several public outreach events including
a virtual neighborhood public meeting on March 3, 2022, and an open house held on November 13, 2023.
Project information was shown at the Transportation Projects Fairs in February 2023 and February 2024.
A Project website is regularly updated with Project information and upcoming milestones.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 59
Item 7.
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ORDINANCE NO. 064, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF PRIOR YEAR
RESERVES AND GRANT REVENUE FROM THE COLORADO
DEPARTMENT OF TRANSPORTATION AND AUTHORIZING
TRANSFERS FOR THE COLLEGE AVENUE-TRILBY ROAD
INTERSECTION IMPROVEMENTS PROJECT
A. Beginning in 2020, Fort Collins Engineering Department Traffic Operations
and FC Moves staff, guided by the Arterial Intersection Prioritization Study, identified
traffic safety and congestion issues, as well as a lack of active modes infrastructure, at
the intersection of Trilby Road and South College Avenue (also known as State
Highway 287).
B. Safety concerns with the current intersection include high frequencies of
approach turn crashes and rear-end crashes.
C. Operational concerns include high volumes of motorists on the north -south
legs of South College Avenue and increasing volumes on the east-west approach legs of
Trilby Road.
D. Bicycle and pedestrian safety and accessibility are also concerns at the
intersection, because very little infrastructure is established for either mode of travel.
E. The College Avenue-Trilby Road Intersection Improvements Project (the
“Project”) has been developed to reconstruct the intersection to improve vehicular,
bicycle, and pedestrian safety in and around the intersection.
F. The Project, with the assistance of design professionals, will improve safety
for current and future traffic levels as growth continues in the region and will create a safer
intersection for all users. After construction, the intersection will feature dual left turn lanes
from South College Avenue to Trilby Road, right turn lanes for each direction of travel,
and a widened Trilby Road approach to South College Avenue.
G. In 2020, via Resolution 2020-046, the City Council authorized execution of
an intergovernmental agreement (“IGA”) with the Colorado Department of Transportation
(“CDOT”), which administers the grant funds for the Project. Initial funds were
appropriated via Ordinance No. 071, 2020. Design and right -of-way acquisition has
progressed since the initial authorization and appropriations.
H. In early 2023 the Project Team, with CDOT approval, engaged a regional
general contractor to assist in the final design to improve efficiency in constructability.
Due to a longer than anticipated rights of way acquisition phase, that has involved over
twenty-four different land parcels, the project team divided the project into packages to
commence early work in areas where rights of way have been secured while remaining
rights of way were continued to be secured.
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Item 7.
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I. Construction is currently underway with package one, and the schedule
anticipates starting package two at the beginning of the third quarter of 2024.
J. The overall Project is anticipated to be completed sometime in early 2025.
K. Funds that were appropriated to the Project before this action were used
primarily for design and acquisition. To secure the remaining funds needed to construct
the Project, staff actively explored and applied for multiple opportunities in 2022 and 2023.
CDOT has also made significant additional commitments to the Project in this timeframe.
L. CDOT has proposed an amendment to the IGA to enable the City to receive
and expend the additional grant funds to continue the Project.
M. These appropriations benefit public health, safety, and welfare of the
residents of Fort Collins and serve the public purpose of promoting safer travel across
multiple modalities and improving the transportation infrastructure within the City.
N. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
O. The City Manager has recommended the appropriations described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Projects Fund and will not cause the total amount appropriated in the Capital
Projects Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
P. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
Q. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
R. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
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Item 7.
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are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
S. The City Manager has recommended the transfer of $1,300 from the
Transportation Capital Expansion Fee Fund to the Capital Project Fund and $48 from the
Transportation Services Fund to the Capital Project Fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
T. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
U. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places program (“APP Program”).
V. The total project cost of $16,148 has been used to calculate the contribution
to the APP program.
W. The amount to be contributed in this Ordinance will be $161.
X. A portion of the funds appropriated in this Ordinance for the Project are
ineligible for use in the APP Program due to restrictions placed on them by Colorado
Department of Transportation, the source of these funds.
Y. The City Council wishes to designate the appropriation s herein for the
Colorado Department of Transportation Congestion Mitigation and Air Quality (CMAQ)
grant and the Highway Improvement Program (HIP) grant and the Surface Transportation
Block Grant (STBG) and the Funding Advancement Surface Transportation and
Economic Recovery (FASTER) grant funds as appropriations that shall not lapse until the
earlier of the expiration of the grants or the City’s expenditure of all funds received from
such grants.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue (CMAQ) or other
funds in the Capital Projects Fund the sum of THREE HUNDRED SIXTY-ONE
THOUSAND THREE HUNDRED SIXTY-ONE DOLLARS ($361,361) to be expended in
the Capital Projects Fund for the College and Trilby Intersection Improvement Project.
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Section 2. There is hereby appropriated from new revenue (HIP) or other funds
in the Capital Projects Fund the sum of ONE MILLION EIGHT HUNDRED SEVENTY
THOUSAND DOLLARS ($1,870,000) to be expended in the Capital Projects Fund for the
College and Trilby Intersection Improvement Project.
Section 3. There is hereby appropriated from new revenue (STBG) or other
funds in the Capital Projects Fund the sum of FIVE MILLION TWO HUNDRED SEVENTY-
TWO THOUSAND TWO HUNDRED SIXTY DOLLARS ($5,272,260) to be expended in
the Capital Projects Fund for the College and Trilby Intersection Improvement Project.
Section 4. There is hereby appropriated from new revenue (FASTER) or other
funds in the Capital Projects Fund the sum of TWO MILLION DOLLARS ($2,000,000) to
be expended in the Capital Projects Fund for the College and Trilby Intersection
Improvement Project.
Section 5. There is hereby appropriated from new revenue or other funds
(PILOT) in the Capital Projects Fund the sum of FOURTEEN THOUSAND EIGHT
HUNDRED DOLLARS ($14,800) to be expended in the Capital Projects Fund for the
College and Trilby Intersection Improvement Project.
Section 6. The unexpended and unencumbered appropriated amount of ONE
THOUSAND THREE HUNDRED DOLLARS ($1,300) is authorized for transfer from the
Transportation Capital Expansion Fee Fund to the Capital Project Fund and appropriated
therein to be expended for College and Trilby Intersection Improvement Project.
Section 7. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWENTY-SIX DOLLARS ($126) in the Capital Project Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein to fund art projects under the APP Program.
Section 8. The unexpended and unencumbered appropr iated amount of
THIRTY-TWO DOLLARS ($32) in the Capital Project Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 9. The unexpended and unencumbered appropriated amount of
THREE DOLLARS ($3) in the Capital Project Fund is hereby authorized for transfer to
the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP Program.
Section 10. The appropriations herein for the Colorado Department of
Transportation Congestion Mitigation and Air Quality (CMAQ) grant and the Highway
Improvement Program (HIP) grant and the Surface Transportation Block Grant (STBG)
and the Funding Advancement Surface Transportation and Economic Recovery
(FASTER) grant funds are hereby designated, as authorized in Article V, Section 11 of
the City Charter, as appropriations that shall not lapse at the end of this fiscal year but
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continue until the earlier of the expiration of the grants or the City’s expenditure of all
funds received from such grants.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Heather N. Jarvis
Page 64
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning & Development Specialist
SUBJECT
Second Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent Non-
Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and the City of
Loveland at the Northern Colorado Regional Airport.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 7, 2024, authorizes a conveyance of an
easement to the Sanitation District to allow for a sewer service line for the terminal. The easement is over
a portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort
Collins and the City of Loveland.
STAFF RECOMMENDATION
Staff recommends adoption the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement that formed the
Northern Colorado Regional Airport Commission, which delegated certain powers and authority to
operate and maintain the Airport. However, only the Cities’ Councils have the authority to grant
easements as permanent property rights at the Airport.
In connection with the construction of the new terminal, South Fort Collins Sanitation District (” Sanitation
District”) requires the City of Fort Collins, the City of Loveland, and the Sanitation District to execute an
Agreement for Purchase of Sewer Tap (“Tap Agreement”). Because the Tap Agreement is an agreement
between the Cities and the Sanitation District, it is an intergovernmental agreement. The price for the
sewer tap is $49,600. Fort Collins City Code (“City Code”) Section 1-22 allows that intergovernmental
agreements may be approved by Council by either ordinance or resolution. A resolution is presented
here to expedite execution of the Agreement because it is necessary for the completion of the terminal
project, which has been approved by Council. The Tap Agreement presented with the Resolution is the
Sanitation District’s form Agreement as revised by the Cities’ attorneys.
Along with the Tap Agreement, the Sanitation District requires that the Cities grant a permanent, non-
exclusive easement across Airport property to allow for the installation and maintenance of a sewer line
to the terminal (“Easement”). The total area of the associated sewer easement is 10,722 square feet. The
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Easement Agreement included with the Ordinance is the Sanitation District’s form easement as revised
by the Cities’ attorneys.
Under City Code Section 23-111, Council may sell, convey, exchange, or otherwise dispose of any and
all interests in City-owned real property if Council finds, by ordinance, that such sale or disposition is in
the best interests of the City. City Code Section 23-114 requires that any sale, lease, or other
conveyance of property must be for an amount equal to or greater than the fair market value of such
interest unless Council or City Manager, as applicable, determines that such sale or lease serves a bona
fide public purpose because:
(1) The use to which the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins;
The Airport is a public use facility jointly owned by Fort Collins and Loveland. The Easement will allow
for public investment and development that will bring improvements to the Airport and the users it
serves.
(2) The use to which the property will be put supports one (1) or more of the City Council’s goals,
adopted policies, projects or plans;
The Easement will allow for public development of the site in alignment with the Airport Master Plan,
which was approved by Council.
(3) The financial support provided by the City through the below-market disposition of the property will be
leveraged with other funding or assistance;
The City would benefit from granting the easement because doing so will allow the Sanitation District
to install and maintain utility infrastructure necessary for the terminal project. In addition to federal
grant funding and Airport revenue being used for the terminal, both Cities individually contributed
$1,000,000 towards the project.
(4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to
the extent such benefit is only an incidental consequence and is not substantial relative to the public
purpose being served; and
The Easement will simply allow the Sanitation District to provide service to the new public terminal.
The Airport and two Cities benefit from utilities running to the public terminal, which add value to the
Airport.
(5) Selling or leasing the property for less than fair market rent will not interfere with current City projects
or work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Authorizing the conveyance of the Easement will not interfere with City projects or work programs,
workload schedules, or resources needed for primary City functions or responsibilities.
As the conveyance of the Easement meets the above criteria, Airport staff and the Airport Commission
recommend approval because the easement allows for the Sanitation District to install and maintain the
sewer infrastructure required to serve the new public facility. The new terminal is in alignment with the
Airport Master Plan, which has been approved by Council.
CITY FINANCIAL IMPACTS
The Tap Agreement authorizes the Cities to purchase a sewer tap from the Sanitation District for
$49,600. This cost has been budgeted as part of the terminal project. There are no material financial
impacts to the City.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The cost of the legal description and exhibit for the easement is $500, to be paid from the terminal project
budget. There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Northern Colorado Regional Airport Commission and Councils of Fort Collins and Loveland have
approved the 2020 Airport Master Plan, which prominently features plans for the new terminal facility.
The Fort Collins and Loveland Councils have each appropriated $1.0 million in support of the new
terminal.
The Airport Commission unanimously voted at its January 18, 2024, meeting to recommend Council
approve the easement. At that time, airport staff were unaware that the Sanitation District would require
the Tap Agreement. Also at the January 18th meeting, the Airport Commission unanimously voted to
recommend Council approve a Memorandum of Agreement for Purchase of Water Tap (“MOA”) with the
Fort Collins-Loveland Water District, and to recommend the granting of an easement to the Water District
for a water line. The Tap Agreement is substantially the same form as the MOA r ecommended by the
Commission. Accordingly, airport staff conclude that although the Tap Agreement was not sent to the
Commission, the Commission would have almost certainly recommended its approval because its terms
are essentially the same as the MOA and because the easement is only functional if a sewer tap is
purchased and installed.
PUBLIC OUTREACH
The development of the 2020 Airport Master Plan, which took more than two years to complete, included
numerous public meetings and significant outreach by the Airport, far exceeding what is recommended
by the Federal Aviation Administration (FAA).
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
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Item 8.
-1-
ORDINANCE NO. 065, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-
EXCLUSIVE SEWER EASEMENT ON PROPERTY JOINTLY OWNED
BY THE CITY OF FORT COLLINS AND THE CITY OF LOVELAND AT
THE NORTHERN COLORADO REGIONAL AIRPORT
A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property located in Loveland (the “Property”) known
as the Northern Colorado Regional Airport (the “Airport”).
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”).
C. In connection with the ongoing construction of the new airport terminal
facility project, the South Fort Collins Sanitation District (the “District”) has requested a
permanent non-exclusive easement across Airport property to allow for the installation
and maintenance of a sanitary sewer line to serve the terminal (the “Easement”) over and
across that portion of the Airport property legally described and d epicted in the Easement
Agreement, attached hereto and incorporated herein by this reference as Exhibit “A.”
D. The Cities desire to grant the Easement on the terms and conditions as
substantially set forth in the Easement Agreement, which includes that the District will not
pay a specific purchase price for the easement but will instead provide sewer service
necessary for the terminal.
E. City Code Section 23-111(a) authorizes the City Council to sell, convey, or
otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest
of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the City’s conveyance of the
Easement subject to the terms and conditions substantially set forth in the Easement
Agreement for less than fair market value serves a bona fide public purpose and is in the
best interests of the City as required by City Code Section 23-114 because:
a. The use to which the Easement Property will be put promotes health,
safety or general welfare and benefits a significant segment of the citizens of Fort
Collins by facilitating public investment in and improvement of the Airport and the
users it serves, and will allow for sanitary sewer service for the new public terminal
currently being constructed;
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Item 8.
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b. The use to which the Easement will be put supports one (1) or more
of the City Council’s goals, adopted policies, projects or plans, including the Airport
Master Plan, which was approved by Council;
c. The financial support provided by the City through the below-market
disposition of the Easement will be leveraged with other funding or assistance
enabling the construction and operation of the new terminal facility, which the City
has partnered with Loveland to complete;
d. The sale or lease will not result in any direct financial benefit to any
private person or entity, except to the extent such benefit is only an inc idental
consequence and is not substantial relative to the public purpose being served
because it will enable development of the new public terminal facility for the benefit
of the Cities and the greater public; and
e. Granting the Easement for less than fair market value will not
interfere with current City projects or work programs, hinder workload schedules,
or divert resources needed for primary City functions or responsibilities and will
ultimately benefit the Airport and the Cities.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement Agreement attached hereto as “Exhibit A” with such modifications or additional
terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or effe ctuate
the purposes of this Ordinance.
Introduced, considered favorably on first reading on May 7, 2024, and approved
on second reading for final passage on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 31, 2024
Approving Attorney: Ryan Malarky
Page 69
Item 8.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the _____ day of __________, 20__, by and between the
CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third Street, Loveland, CO
80537, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, with an address of 300 Laporte Ave,
Fort Collins, CO 80521, hereinafter referred jointly to as “the Grantors” and South Fort Collins Sanitation District, a
Political Subdivision of the State of Colorado, hereinafter referred to as “the District”. This Grant of Utility Easement is
effective as of the date of the City’s Official Acceptance in the City’s signature block below.
WHEREAS, the Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”)
located in Loveland, Colorado on a parcel of property legally described below; and
WHEREAS, the District desires to install, and obtain an easement for a sanitary sewer line necessary to serve
the Airport’s terminal facility that is under construction as of the date of this Agreement.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and other good and valuable
consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantors have granted and
conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non-
exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one
(1) or more sanitary sewer lines for the collection and service of sanitary sewer and wastewater, and all underground and
surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon:
A ___30__ foot easement, the centerline of which is described in the attached Easement Exhibit:
The parties hereto acknowledge that said easement (hereinafter referred to as “the Easement”) is located on a
parcel of property owned by the Grantors legally described as follows and hereinafter referred to as “the Grantors’
Property”:
A parcel of land, being part Larimer County Parcel No. 8633006902, situate in the Southeast Quarter (SEl/4) of
Section Twenty-eight (28), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), City of Loveland, County of Larimer, State of Colorado
In addition to the foregoing grant of easement by the Grantors to the District, the Grantors further grant and
convey to the District the following rights and privileges:
A. The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable. The District will coordinate with Airport staff to perform
such grading at a time that does not unduly interfere with Airport operations. For purposes of this Agreement,
“Airport staff” shall mean the individual(s) designated and authorized by Grantors to make the decisions and
take the actions described and directed herein. The District may rely on information and direction given by
Airport staff and shall have no obligation to verify if that particular individual has been duly authorized by the
Grantors to provide such information and/or direction.
B.Subject to Airport security requirements and prior written consent of Airport staff, which shall not
be unreasonably withheld, the right of ingress and egress in, to, through, over and across the Easement by means
of existing roads (whether public or private) located on the Grantors’ Property.
C.The right to grade, construct, maintain, and use any access roads upon the Grantors’ Property for
such purposes of initial construction and ongoing maintenance with prior written consent of the Airport staff in
the exercise of its right of ingress and egress to and from the Easement. For any construction or alteration on
the Easement or Grantors’ Property, the District will be required to complete and submit to the Federal Aviation
Administration a Form 760-1 “Notice of Proposed Construction or Alteration.”
D. To mark the location of the Easement with markers set in the ground provided that any such
markers remaining after the period of construction of the sanitary sewer line and appurtenances shall be placed
in locations which will minimize interference with any reasonable use of the Easement area by the Grantor.
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 70
Item 8.
E.For all the District’s access needs, such access is subject to the prior written consent of Airport staff
pursuant to the Northern Colorado Regional Airport’s security requirements and other applicable laws, plans,
policies, and rules and regulations. It is the parties’ intent to provide the District as much reasonable access as
possible to the Easement while complying with the rules and regulations associated with operating the Airport.
F.All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
G.Other public utilities such as sanitary sewer, storm sewer, gas, electric, and cable lines may be
installed in the Easement so long as they do not interfere with the District’s rights hereunder and meet he
District’s requirements for separation and crossing of utilities.
The Grantor hereby covenants and agrees to and with the District, its successors and assigns that:
A.Except as otherwise provided in this subparagraph A, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall not erect or place any permanent building,
structure, improvement, fence, tree, or other landscaping on the Easement excluding the installation of
permanent paved surfaces, including but not limited to roadways and taxiways needed for Airport purposes. In
the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A,
the District shall have the right to require the Grantors to remove such prohibited obstacles from the Easement
and, in the event the Grantors fail to do so upon request, the District may remove such obstacles without any
liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall have the right, without the consent of the District,
to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary
for the full use and enjoyment of the Property. The District shall be responsible at its sole cost and expense for
repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by
the District
B. The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement and the Grantors’ Property, and that the Grantors have a good and lawful right to convey
the Easement to the District.
The District does hereby covenant and agree to and with the Grantors as follows:
A.The District shall not fence or otherwise enclose the easement, except during periods of
construction and repair.
B.All trenches and excavations made in the laying or repairing of the sanitary sewer line shall be
properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All
large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill
after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable
for the purpose now used. The District will maintain the trench area and the sanitary sewer line at its sole cost
and expense.
C.The District may not use the Easement or any of Grantors’ Property for any purpose other than to
transport, serve and distribute potable water. If the Easement is used by the District for any purpose other than
stated herein, the Easement may be terminated at the Grantors’ sole discretion and all of the right, title and
interest of District (and District’s successors or assigns) in and to the Easement become null and void, and the
Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not
been executed, without the necessity for suit or re-entry and District shall remove improvements. No act or
omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of
this paragraph.
D.To the extent allowed by law, the District shall be liable for loss and damage which shall be caused
by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent
acts or omission of its agents or employees during the course of their employment on the Grantors’ Property.
To the extent allowed by law, District agrees to indemnify and hold harmless the Grantors, their officers,
employees, and agents, from and against all liability, claims, and demands on account of any injury, loss, or
damage arising out of or connected with District’s use of the Easement, if such injury, loss, or damage, or any
portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the District or any
officer, employee, agent, or contractor of the District, or any other person for whom the District is responsible.
The District shall notify Grantors and provide a copy of any and all written claims or demands within two
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 71
Item 8.
business days of receipt. The District’s indemnification obligation shall not be construed to extend to any injury,
loss, or damage caused by the negligent act or omission of the Grantors.
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then-
current email address for the addressee, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to District:
District Engineer
Fort Collins-Loveland Water District
5150 Snead Drive
Fort Collins, CO 80525
It is mutually agreed between the parties hereto that:
A. Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District, the Grantors shall retain the right to use and enjoy the Easement.
B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives, successors, or assigns of the parties hereto.
C. Whenever used herein, the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D. This Easement is and shall be subordinate to the provision of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of the Airport, the execution
of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds
for the benefit of the Airport. Airport staff shall give the District adequate written notice of any future
agreements that may impair any grant contained in this Agreement.
E. This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and, except as provided herein, may not be modified or amended except by written agreement of the parties. In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such
holding shall not invalidate or render unenforceable any other provision of this Easement. This Agreement shall
be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 72
Item 8.
F. This Agreement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Agreement. Facsimile, scanned and other electronic signatures permitted by law,
for purposes of this Agreement, shall be deemed as original signatures.
G. The District shall at its sole expense record this Agreement in the real property records of the Clerk
and Recorder of Larimer County, Colorado.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
GRANTOR:
City of Fort Collins, Colorado
A municipal corporation
By: _____________________________________
Date: ____________________________________
Print Name: _______________________________
Tite: _____________________________________
ATTEST:
Date: __________ Name: ______________
Title: _______________
APPROVE AS TO FORM:
Assistant City Attorney
GRANTOR:
City of Loveland, Colorado
A municipal corporation
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 73
Item 8.
By: _____________________________________
Date: ____________________________________
Print Name: _______________________________
Tite: _____________________________________
ATTEST:
City Clerk Date
APPROVE AS TO FORM:
Acting Deputy City Attorney
GRANTEE:
SOUTH FORT COLLINS SANITATION DISTRICT,
a Political Subdivision of the State of Colorado
By: ______________________________________
District Engineer
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this __ day of _______________, 20__ by
_________________________________.
Witness my hand and official seal. My Commission Expires:
_____________________
Notary Public
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 74
Item 8.
EXHIBIT A TO ORDINANCE NO. 065, 2024
Page 75
Item 8.
EXHIBIT A TO ORDINANCE NO. 066, 2024
Page 76
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Claudia Menendez, Equity Officer
Jan Reece, Lead Equal Opportunity Compliance Specialist
Sara Arfmann, Assistant City Attorney
SUBJECT
First Reading of Ordinance No. 066, 2024, Making a Supplemental Appropriation and
Appropriating Prior Year Reserves to Develop a Digital Accessibility Roadmap.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $150,000 in General Funds in order to work
with a consultant to develop a comprehensive and actionable Digital Accessibility Roadmap. The
purpose of this roadmap is to provide a strategy for compliance with both Colorado and federal laws and
regulations pertaining to digital accessibility requirements, including both the Americans with Disabilities
Act and Colorado House Bill 21-1110.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
House Bill 21-1110, Colorado Laws for Persons with Disabilities, as amended by Senate Bill 23-244,
relates to all technology, hardware, and software, that is both public-facing and internal-facing. This
includes any technology provided by or procured by a government entity that is used by the public or
used by a government entity employee. This technology includes but is not limited to websites,
applications, kiosks, digital signage, documents, video, audio, and third-party tools.
By July 1, 2024, all local governments need to be compliant. Part of this work includes conducting an
inventory survey, classifying, prioritizing, and accessing all applicable Information and Communication
Technology (ICT) as defined by the State and goes beyond just web content. A citywide survey has been
completed, which revealed that staff needs additional expertise to assist in determining the accessibility
of the City’s current ICT portfolio. Therefore, a Request for Proposals (RFP) was issued to hire a
consultant to provide the City with an assessment and roadmap.
A consultant selected from the RFP process will assist in the following:
Conduct a comprehensive review and analysis of the City’s digital technology, on-line services,
websites, and third-party software applications to develop a prioritized Digital Accessibility Roadmap
Page 77
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Analyze the current usage level for City webpages, software applications, and online services as part
of development of prioritized mitigation strategies and Digital Accessibility Roadmap.
Provide an evaluation of the time and cost needed to remediate non-compliant content on both the
City’s website and third-party service delivery platforms.
Develop a strategy and action plan to drive compliance with Colorado’s digital accessibility laws and
regulations.
Future phases of this work may include ongoing services to ensure future digital content is compliant
with accessibility standards, including but not limited to, processes to validate that newly created
content is in compliance with accessibility regulations; provide training for staff to ensure that they
have knowledge and skills to maintain compliance; and recommendations for modifying existing City
procurement processes and documents to ensure that new or renewing third party software and
digital services comply with applicable accessibility regulations.
Additional work on various elements of ADA are taking place concurrently with Digital Accessibility work.
Current Work Underway for Digital Accessibility
Year Actions
2022 Team meetings to learn about HB21-1110 and start to identify department roles.
Meetings included City Attorney’s Office (CAO), Communications and Public
Information Office (CPIO), Information Technology (IT), Operations Services,
Purchasing, Equity Office and City Manager’s Office (CMO).
Research on HB21-1110 and peer cities approach.
Lead Equal Opportunity Compliance Specialist actively training in Digital
Accessibility.
Purchasing to include clearer language on ADA compliance in contracts.
2023 Continued cross-department meetings to create an outline of workstreams.
Participate in State rulemaking for HB21-1110.
Meetings with peer cities of Colorado Springs and Englewood for peer learning.
On-going research and training on ADA work.
Lead Equal Opportunity Compliance Specialist position split into 2 Full-Time
Equivalents (FTEs) to give priority and focus. Positions now include:
o Lead Equal Opportunity Compliance Specialist, hired in November 2023
o Lead Equal Opportunity Investigator hired in January 2024
2024
Q1-Q2
Build Core Collaboration Team including CAO, CPIO, IT, Operation Services,
Purchasing, Equity Office and CMO.
o FAQ document for staff.
o Tech/software inventory completed by Service Areas.
o Meeting with ADOBE company.
o Update to City website legal disclaimer and accessibility statement, reasonable
Page 78
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
accommodation request form, and reporting of web issues.
o Provide overview on HB21-1110 to DAB, ELT and Leadership Link.
o Team members attending the ADA Symposium in June 8-12, 2024.
o Staff Training session planned for Q3-Q4.
Purchasing
o Evaluate contracts from peer cities.
o Leverage peer cities for RFP search.
o Consultant selection and scope of work; contract signing in May.
o Consultant will provide a Digital Accessibility Roadmap to complete a
comprehensive analysis of the City's current state of digital ICT accessibility,
recommendations for remediation, and an evaluation of the level of effort required
to evaluate compliance.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $150,000 in General Funds.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This item was presented to Council Finance Committee on May 2, 2024. The Committee supported this
appropriation ordinance to be brought forward for consideration.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 79
Item 9.
-1-
ORDINANCE NO. 066, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION AND
APPROPRIATING PRIOR YEAR RESERVES TO
DEVELOP A DIGITAL ACCESSIBILITY ROADMAP
A. Colorado House Bill 21-1110, as amended by Senate Bill 23-244, makes it
a state civil rights violation for a government agency to exclude people with disabilities
from receiving services or benefits because of lack of accessibility.
B. The state accessibility standards apply to all technology, hardware, and
software, that is both public-facing and internal-facing. This includes any technology
provided by or procured by a government entity that is used by the public or used by a
government entity employee. This technology includes but is not limited to websites,
applications, kiosks, digital signage, documents, video, audio, and third-party tools.
C. The City seeks to hire an outside consultant to assist the City in reaching
compliance with these state accessibility standards by developing a comprehensive and
actionable Digital Accessibility Roadmap. The estimated cost of this consultant will be
$150,000 for phase 1 of this project.
D. Future phases of this project may include ongoing services to ensure future
digital content is compliant with accessibility standards, including but not limited to,
processes to validate that newly created content is in compliance with accessibility
regulations; provide training for City staff to ensure that they have knowledge and skills
to maintain compliance; and recommendations for modifying existing City procurement
processes and documents to ensure that new or renewing third party software and digital
services comply with applicable accessibility regulations.
E. This appropriation benefits the public health and welfare of the citizens of
Fort Collins and serves the public purpose and strategic objective of improving the
accessibility of the City’s information and communication technology.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous ap propriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
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Item 9.
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H. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated the
General Fund and will not cause the total amount appropriated in the General Fund, as
applicable, to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in these funds during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to be
expended in the General Fund to hire a consultant for the development of a Digital
Accessibility Roadmap.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Sara Arfmann
Page 81
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Brandon Barnes, Police Officer
Michael Avrech, Police Sergeant
Zack Mozer, Finance Analyst
SUBJECT
First Reading of Ordinance No. 067, 2024, Making a Supplemental Appropriation from the Colorado
Department of Transportation Colorado Highway Safety Office Click It or Ticket Grant for the Fort
Collins Police Services Traffic Enforcement Unit.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $16,529 of unanticipated federal grant revenue from the Colorado
Department of Transportation, Colorado Highway Safety Office (HSO), to support Fort Collins Police
Services’ Traffic Enforcement Unit work toward traffic safety and reducing serious injuries and fatal crashes
through the enforcement of traffic laws and specifically those related to driver and passenger restraint
system use.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On March 2, 2024, Fort Collins Police Services (FCPS), Traffic Enforcement Unit was awarded a federal
grant through the Colorado Department of Transportation HSO Click It or Ticket program.
The intent of the Click It or Ticket grant program is to provide high visibility enforcement focusing on
enforcement of driver and passenger restraint system use. The federal grant runs on three enforcement
cycles occurring in April, May, and July of 2024. Each enforcement cycle runs for a two-week period where
officers will be deployed to conduct traffic enforcement and specifically enforcement of driver and
passenger restraint use.
The enforcement of driver and passenger restraint system use aligns with the City’s Vision Zero goal for
reducing and/or eliminating serious injury and fatal crashes. Driver and passenger restraint systems have
proven to save lives by keeping the restrained passengers inside the vehicle in the course of a serious
collision.
The award is based on an application that was submitted requesting funds in support of deployment over
the course of the three two-week enforcement periods. The grant funds are maintained by the Colorado
Department of Transportation and are reimbursed to FCPS and the City after receipt of a claim that is filed
Page 82
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
within 45 days of the conclusion of each two-week enforcement period. All reimbursements must match
the actual personnel salary overtime rate.
CITY FINANCIAL IMPACTS
This item appropriates $16,529 in program costs for FCPS Traffic Enforcement Unit and other agency
personnel to deploy at the personnel salary overtime rate over three two-week enforcement waves of “Click
It or Ticket.”
This grant from HSO is a reimbursement type grant, meaning General Fund expenses will be reimbursed
up to $16,529.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Grant Award Letter
3. Grant Enforcement Calendar
4. Grant Purchase Order
Page 83
Item 10.
-1-
ORDINANCE NO. 067, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION COLORADO
HIGHWAY SAFETY OFFICE CLICK IT OR TICKET GRANT FOR THE
FORT COLLINS POLICE SERVICES TRAFFIC ENFORCEMENT UNIT
A. On March 2, 2024, Fort Collins Police Services (FCPS), Traffic Enforcement
Unit was awarded a federal grant through the Colorado Department of Transportation
(HSO) Click It or Ticket program, which is a grant program that provides high visibility
enforcement focusing on enforcement of driver and passenger restraint system use .
B. The federal grant runs on three enforcement cycles occurring in April, May,
and July of 2024. Each enforcement cycle runs for a two -week period where officers will
be deployed to conduct traffic enforcement and specifically enforcement of driver and
passenger safety belt restraint use.
C. This item appropriates $16,529 in unanticipated funds received through this
grant for FCPS Traffic Enforcement Unit and other agency personnel to deploy at the
personnel salary overtime rate over three two -week enforcement waves of Click It or
Ticket.
D. This grant from HSO is a reimbursement type grant, meaning General Fund
expenses will be reimbursed up to $16,529.
E. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of saving lives through education and
enforcement measures.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
Page 84
Item 10.
-2-
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the
Colorado Department of Transportation, Colorado Highway Safety Office Click It or Ticket
Grant as an appropriation that shall not lapse until the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of SIXTEEN THOUSAND FIVE HUNDRED TWENTY-NINE
DOLLARS ($16,529) to be expended in the General Fund for the Fort Collins Police
Services Traffic Enforcement Unit.
Section 2. The appropriation herein for the Colorado Department of
Transportation, Colorado Highway Safety Office Click It or Ticket Grant is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Dawn Downs
Page 85
Item 10.
2829 W Howard Place, 5th Floor, Denver, Co. 80204 P 303.757.9069 www.coloradodot.info
March 2, 2024
To: Fort Collins Police Department
From: Brittany Janes, Colorado Highway Safety Office, Lee Birk, Law Enforcement Liaison
Re: Fiscal Year 2024 Click it or Ticket Award
The Colorado Highway Safety Office (HSO) would like to thank you for your dedication in improving traffic
safety in your community. We are pleased to inform you that your Click It or Ticket federal grant
application is approved for the amount indicated on the attached Purchase Order document. You may
proceed with enforcement activity planning as it coincides with the Click It or Ticket enforcement periods
for Fiscal Year 2024. Your award packet includes: a copy of your purchase order, your claim workbook
which includes the enforcement campaign calendar, Officer Activity Report template and this award
letter. If you need copies of any of these documents, please inform your Law Enforcement Liaison.
Be advised the following changes to Click it or Ticket grants have been implemented to ensure
compliance with National Highway Traffic Safety Administration (NHTSA) rules and regulations.
Officer Activity Reports: these are optional. These are provided to you as a tool to collect
overtime activity reports, use them if you wish.
$50/ hour flat rate: Effective fiscal year 2022, we no longer offer the $50/ hour flat rate option
on the Click It or Ticket grant. This direction comes from NHTSA (The Click It or Ticket funding
source). Starting with Fiscal Year ’22, all reimbursements must match the actual personnel salary
overtime rate.
Note: This ruling does not apply to the state-funded High Visibility Enforcement or LEAF grants
Salary verification: LELs will conduct Program Monitoring Visits annually with majority of our
Click it or Ticket grantees. At your next Program Monitoring Visit, we will be requesting copies
of payroll records to verify overtime pay rate, regular pay rate being claimed in the grant. This
is inline with federal grant management practices.
Occupant Protection CFDA#: 20.616
Please contact me at 303-757-9069 or Brittany.Janes@state.co.us or your Law Enforcement Liaison if you
need further clarification.
Thank you for your commitment toward traffic safety.
Sincerely,
Brittany Janes
Click It or Ticket Program Manager
Colorado Highway Safety office
2829 W. Howard Place
Denver, CO 80204-2305
Page 86
Item 10.
2024 Click It or Ticket – Occupant Protection Enforcement Waves
*All claims are due by the 45th day after the enforcement period
Click here to subscribe to CDOT Enforcement Wave Google Calendar
OCCUPANT
PROTECTION
ENFORCEMENT PERIOD
ENFORCEMENT PLAN DUE
ON TRAFFIC SAFETY
PORTAL
ENFORCEMENT
BEGINS @ 0500 HRS
ENFORCEMENT
ENDS @ 2000 HRS
CITATION DATA DUE ON
TRAFFIC SAFETY PORTAL
CLAIM DUE TO
YOUR LEL
APRIL
ENFORCEMENT WAVE
April 1 – April 14
MARCH 29, 2024
FRIDAY
APRIL 1, 2024
MONDAY
APRIL 14, 2024
SUNDAY
APRIL 26, 2024
FRIDAY
MAY 29, 2024
WEDNESDAY
MAY MOBILIZATION
May 13 – June 2 MAY 10, 2024
FRIDAY
MAY 13, 2024
MONDAY
JUNE 2, 2024
SUNDAY
JUNE 7, 2024
FRIDAY
JULY 17, 2024
WEDNESDAY
JULY
ENFORCEMENT WAVE
July 22 – August 2
JULY 19, 2024
FRIDAY
JULY 22, 2024
MONDAY
AUGUST 2, 2024
FRIDAY
AUGUST 9, 2024
FRIDAY
SEPTEMBER 16, 2024
MONDAY
Page 87
Item 10.
SPECIAL INSTRUCTIONS
Delivery/Installation Date: 09/30/2024
Ship
TO:
Payment will be made by this agency
TO:
Invoice
INSTRUCTIONS TO VENDOR
1. If for any reason, delivery of this order is delayed beyond the delivery/Installation date shown, please notify
the agency contact named at the top left (Right of cancellation is reserved in instances in which timely delivery
is not made). 2. All chemicals, equipment and materials must conform to the standards required by OSHA.
3. NOTE: Additional terms and conditions on reverse side or at address shown in Special Instructions.
V
E
N
D
O
R
CITY OF FORT COLLINS
PO BOX 580
FORT COLLINS CO 80522-0580
Purchase Order
State of Colorado
DATE: 02/21/2024
IMPORTANT
The PO# and Line#
must appear on all
invoices, packing
slips, cartons and
correspondence
Vendor Master#: 2000023
Phone: 970-221-6770
Vendor Contact:
PO# 411037899
Award#:
BID#:
Page# 1 of 1
Colorado Dept of Transportation
2829 W. Howard Place
Denver CO 80204
Buyer: Richard Clark
Phone Number: 303-512-4182
Agency Contact: Lisa Totman
Phone Number: 303-512-5003
CDOT OFFICE OF TRANSP. SAFETY
2829 W. Howard Place
DENVER CO 80204
LINE PRODUCT NUMBER
PRODUCT CATEGORY
DESCRIPTION
UOM
PLANT
QUANTITY UNIT COST TOTAL ITEM COST
__________________________________________________________________________
00001
92585
Ft Collins PS FFY24
Click it or Ticket
AU
7001
16,529.00 1.00 16,529.00
I agree to comply with the statements made and contained under the title
Certification and Assurances in the Office of Transportation Safety approved
application. No expenditures against this project will be paid prior to April 2024
or the PO effective date, whichever is later.
The Small Dollar Grant Award Terms and Conditions supersede CDOT's Standard Terms
and Conditions and can be found onour website:
https://www.codot.gov/business/procurement-and-contract-services or directly at:
https://docs.google.com/document/d/1QRGlW_xf9H46_5xR3s4h5obQGhtOPnFk/view.
------------------------------------------------------------------------------------------------------------------------------------------------
DateAuthorized Signature
Signature not required if PO transmitted
electronically.
FOR THE STATE OF COLORADOTHIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS
https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions
DP-01 (R-02/06)
DOCUMENT TOTAL: 16,529.00
Page 88
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Senior Manager, Civil Engineering
Monica Martinez, Financial Planning and Analysis Manager
Andy Smith, Redevelopment Program Manager
SUBJECT
First Reading of Ordinance No. 068, 2024, Appropriating Prior Year Reserves in the Transportation
Capital Expansion Fee Fund for Eligible Reimbursement to the Waters Edge Second Filing
Developer for Construction of Turnberry Road, Brightwater Drive, and Morningstar Way
Improvements.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $612,027 of Transportation Capital Expansion Fee (TCEF) Funds
for expenditure from the Transportation Capital Expansion Fee Program Budget to reimburse the Water s
Edge Second Filing developer, Waters Edge Development Inc. (Developer), for its oversizing construction
of Turnberry Road, Brightwater Drive, and Morningstar Way. As part of the development plans and
development agreement for Waters Edge Second Filing and permitted for construction under the Waters
Edge Third Filing Development Construction Permit, the Developer has constructed to City standards
Turnberry Road as a two-lane arterial, and Brightwater Drive and Morningstar Way as collectors as part of
its development requirements. Per Section 24-112 of the City Code, the Developer is eligible for
reimbursement from TCEF funds for the oversized, non-local portion of Turnberry Road, Brightwater Drive,
and Morningstar Way not attributed to the local portion obligation.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The TCEF Program (formerly Street Oversizing), instituted by ordinance in 1979, was established to
manage the construction of new arterial and collector streets, and is an “Impact Fee” funded program. The
TCEF Program determines and collects impact fees from development and redevelopment projects. The
collection of these impact fees contributes funding for growth’s related share towards City Capital Projects,
including the City’s Active Modes Plan, and reimburses development for constructing roadway
improvements above the local street access standards. Section 24-112 of the City Code allows for
reimbursement to developers for the construction of collector and arterial streets.
Waters Edge (marketed as Sonders Fort Collins) is a development on the west side of Turnberry Road
between Douglas Road and Country Club Road built by Waters Edge Development Inc. (Developer). This
reimbursement is for the Developer’s construction above the local street access standards of Turnberry
Page 89
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Road (2-lane arterial), Brightwater Drive (collector), and Morningstar Way (collector) as part of the Waters
Edge Second Filing and permitted for construction under the Waters Edge Third Filing Development
Construction Permit.
Portions of pavement, landscaping, and sidewalk for all three streets are eligible for reimbursement and
are depicted in the “Waters Edge Second Filing Street Oversizing/Repay’” and itemized between City
(TCEF) and local (developer/adjacent parcel owner) responsibility in “Street Reimbursement Agreement”
and “Street Reimbursement Agreement City-Developer Cost Breakdown”
Staff has reviewed the documentation provided by the Waters Edge developer and agrees that the
requested reimbursement meets the requirements under City Code Section 24-112 for appropriation from
TCEF funds. There are presently adequate funds in TCEF to reimburse the Developer and Staff
recommends reimbursement in the amount of $612,027.
Waters Edge has metro districts that were established with City Council approving the consolidated service
plan for Waters Edge Metropolitan Districts Nos. 1-5 by adoption of Resolution 2018-084 on September
18, 2018. Staff has identified on the review of this reimbursement request that, as part of the metro district
service plan for Waters Edge, the Developer may be eligible to seek reimbursement from the metro districts
for these same street improvements that the Developer is requesting from TCEF funds. The Board of
Directors of Districts 1 and 2 adopted a joint resolution affirming that the Districts shall not reimburse the
Developer, and the Districts’ accountant shall ensure that the Districts do not reimburse the Developer.
Additionally, the accountant issued an affidavit to Districts 1 and 2 affirming that Dist ricts 1-5 have not
reimbursed the Developer, and that the districts cannot reimburse the Developer for street oversizing costs
that the City has already reimbursed, nor can the districts acquire such improvements. Resolutions
declaring Districts 3, 4, and 5 as inactive were adopted on December 2019, and Districts 3, 4, and 5 are
intended for future development (separate from Sonders Fort Collins) east of Turnberry Road. These
districts are not associated with the Waters Edge Filings and the associated street improvements that the
Developer is requesting from TCEF funds. Special district notices declaring the continued inactive status
of Districts 3, 4, and 5 were provided to the City in December 2023.
The City Manager is recommending this supplemental appropriation and has determined it will not cause
the total amount appropriated in 2024 in the Transportation Improvement Fund, the fund into which TCEF
revenues are deposited and from which these appropriated funds will be expended, to exceed the current
estimate of actual and anticipated and all other funds to be received in the Transportation Improvement
Fund during the 2024 fiscal year.
In addition, this reimbursement under the TCEF program is subject to the Council’s approval of this
Ordinance to appropriate the needed funds, which approval is within the Council’s sole discretion.
CITY FINANCIAL IMPACTS
This item appropriates $612,027 of TCEF Funds into the Transportation Capital Expansion Fee Program
Budget for reimbursement to the Waters Edge Second Filing developer.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council Finance Committee recommended approval at its May 2nd, 2024, meeting.
PUBLIC OUTREACH
Public outreach is not required or contemplated in the requirements for reimbursement to developers as
described under Municipal Code Sec. 24-112. – Transportation improvements reimbursement program.
Page 90
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
1. Ordinance for Consideration
2. Waters Edge Second Filing Street Oversizing/Repay
3. Street Reimbursement Agreement
4. Street Reimbursement Agreement City – Developer Cost Breakdown
5. Joint Resolution of the Board of Directors of Waters Edge Metropolitan District
Nos. 1 & 2 – Prohibiting District Reimbursement
6. Board of Directors of Waters Edge Metropolitan District
Nos. 1 & 2 – Accountant’s Affidavit
7. Resolution of the Board of Directors of the Waters Edge Metropolitan
District No. 3 – Declaring Inactive Special District Status
8. Resolution of the Board of Directors of the Waters Edge Metropolitan
District No. 4 – Declaring Inactive Special District Status
9. Resolution of the Board of Directors of the Waters Edge Metropolitan
District No. 5 – Declaring Inactive Special District Status
10. Notice of Continuing Inactive Status for Waters Edge Metropolitan
District Nos. 3-5
Page 91
Item 11.
-1-
ORDINANCE NO. 068, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE
REIMBURSEMENT TO THE WATERS EDGE SECOND FILING
DEVELOPER FOR CONSTRUCTION OF TURNBERRY ROAD,
BRIGHTWATER DRIVE, AND MORNINGSTAR WAY IMPROVEMENTS
A. City Code Section 7.5-32 establishes a transportation capital expansion fee
(“TCEF”) that is one of the City’s capital expansion fees that are imposed on development
at the time of building permit issuance to ensure that new growth and development in the
City bears a proportional share of the City’s costs for certain capital improvements,
including streets and related transportation improvements.
B. City Code Section 7.5-32 also provides that the TCEF revenues are to be
deposited into the City’s Transportation Improvement Fund established in City Code
Section 8-87 (the “TCEF Fund”).
C. City Code Section 8-87 directs that the monies in the TCEF Fund are to be
used as provided in Division 2 of Article III of City Code Chapter 24 (“Division 2”).
D. Division 2 provides that the revenues in the TCEF Fund are to be used by
the City to fund certain transportation improvements, including arterial and collector
streets, either directly or as reimbursement to develo pers of real property who have
constructed such improvements.
E. For a developer to be eligible for reimbursement of its costs for qualifying
transportation improvements it has constructed, Division 2 requires the developer to
submit proof of its costs to the City for the City Engineer’s review and approval consistent
with the requirements of Division 2.
F. Waters’ Edge Development, Inc. is the developer of the Waters Edge
Second Filing development (“Developer”) and as part of that development, has
constructed portions of Turnberry Road as a two -lane arterial street, and Brightwater
Drive and Morningstar Way as collector streets (collectively, “Road Improvements”).
G. The Developer has submitted its request to the City for a reimbursement of
$612,027 representing its costs for the oversized portions of the Road Improvements
(the “Reimbursement Request”).
H. The City Engineer has reviewed the Reimbursement Request and
determined it meets the requirements of Division 2 and that the Developer is eligible to
be reimbursed for the amount requested in its Reimbursement Request, but City Code
Section 24-112(c) provides that all reimbursements under Division 2 must first be
appropriated from the TCEF fund by City Council.
Page 92
Item 11.
-2-
I. The monies necessary to satisfy the Reimbursement Request have not
been appropriated from the TCEF Fund by Council, so this Ordinance must be adopted
by Council before the reimbursement can be made to the Developer.
J. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
K. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Transportation Capital Expansion Fee Fund and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund
during this fiscal year.
L. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of reimbursing the Developer for
the costs it incurred to construct the Road Improvements to oversized standards, which
standards the Developer was not legally required to satisfy considering the impacts of the
development.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of SIX HUNDRED TWELVE
THOUSAND TWENTY-SEVEN DOLLARS ($612,027) to be expended in the
Transportation Capital Expansion Fee Fund for eligible reimbursement to the Developer
for construction of Turnberry Road, Brightwater Drive, and Morningstar Way
improvements beyond local access standards.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Ryan Malarky
Page 93
Item 11.
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Item 11.
**This exhibit provides repay and street oversizing items/ areas for the Waters Edge West Development. Please refer to the Street Over-
sizing Exhbit, dated December 23, 2022, that correspond to the items/ areas shown below.
PERMANENT PUBLIC STREET IMPROVEMENTS INSTALLED FOR: Waters Edge Second Filing
Date: Feb 28,2024
1.Construction
Item Description Unit QTY Unit Price Total KEY NOTE LEGEND #
TURNBERRY ROAD (CR11) EAST SIDE (Reference to Cadd Exhibit)
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 1,730 29.40$ $50,862.00 18
Fly Ash Stabilization (12" @ 12%)SY 1,730 9.45$ $16,348.50 18
FLY ASH MOBILZATION (Pro rated to 1.23/SY)SY 1,730 1.23$ $2,127.90 18
Sawcut Existing Pavement LF 1,216 3.85$ $4,681.60 17
Remove Existing Pavement SY 1,012 5.25$ $5,313.00 17
Sub Total $79,333.00
TURNBERRY ROAD (CR11) WEST SIDE
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 1,764 29.40$ $51,861.60 16
Fly Ash Stabilization (12" @ 12%)SY 1,764 9.45$ $16,669.80 16
FLY ASH MOBILZATION (Pro rated to 1.23/SY)SY 1,764 1.23$ $2,169.72 16
Parkway Oversizing SF 4,947 4.00$ $19,788.00 15
6" Thick Concrete Sidewalk SF 1,930 6.00$ $11,580.00 14
Fine Grade Under Sidewalk SF 1,930 0.73$ $1,408.90 14
Sawcut Existing Pavement LF 1,445 3.85$ $5,563.25 13
Remove Existing Pavement SY 1,229 5.25$ $6,452.25 13
Sub Total $115,493.52
MORNINGSTAR WAY (WEST OF ROUNDABOUT)
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 1,798 29.40$ $52,861.20 2
FLY ASH STABILIZATION (12" @ 12%)SY 1,798 9.45$ $16,991.10 2
FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 1,798 1.23$ $2,211.54 2
6" Thick Concrete Sidewalk SF 1,182 6.00$ $7,092.00 1
Fine Grade Under Sidewalk SF 1,182 0.73$ $862.86 1
Parkway Oversizing SF 5,234 4.00$ $20,936.00 3
Sub Total $100,954.70
BRIGHTWATER DRIVE (WEST SIDE)
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 1,353 29.40$ $39,778.20 5
FLY ASH STABILIZATION (12" @ 12%)SY 1,353 9.45$ $12,785.85 5
FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 1,353 1.23$ $1,664.19 5
6" Thick Concrete Sidewalk SF 867 6.00$ $5,202.00 4
Fine Grade Under Sidewalk SF 867 0.73$ $632.91 4
Parkway Oversizing SF 2,512 4.00$ $10,048.00 6
Sub Total $70,111.15
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Item 11.
Item Description Unit QTY Unit Price Total KEY NOTE LEGEND #
BRIGHTWATER DRIVE (EAST SIDE, ADJACENT TO CITY PARK)
6" Thick,5' Wide Concrete Sidewalk, including subgrade prep.SF 486 6.00$ $2,916.00 4
Fine Grade Under Sidewalk SF 486 0.73$ $354.78 4
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 1,143 29.40$ $33,604.20 5
Fly Ash Stabilization (12" @ 12%)SY 1,143 9.45$ $10,801.35 5
FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 1,143 1.23$ $1,405.89 5
Remove Existing Pavement SY 0 5.25$ $0.00 Area east of CL Existing roadway, along Park
Parkway Oversizing SF 2,002 4.00$ $8,008.00 6
Sub Total $57,090.22
BRIGHTWATER DRIVE (EAST SIDE)
6" Thick,5' Wide Concrete Sidewalk, including subgrade prep.SF 310 6.00$ $1,860.00 4
Fine Grade Under Sidewalk SF 310 0.73$ $226.30 4
4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 186 29.40$ $5,468.40 5
Fly Ash Stabilization (12" @ 12%)SY 186 9.45$ $1,757.70 5
FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 186 1.23$ $228.78 5
Remove Existing Pavement (8,795 SY Total for M-Star and Brightwater, less 2096 SY East side by park) SY 2,625 5.25$ $13,781.25 Demo of Ex Asphalt M-Star & Brightwater
Parkway Oversizing SF 1,217 4.00$ $4,868.00 6
Sub Total $28,190.43
MISCELLANEOUS
PVMT MARKING LS 1 37,450.00$ $37,450.00
SIGNING LS 1 4,100.00$ $4,100.00
EROSION CONTROL LS 1 2,902.00$ $2,902.00
MOBILIZATION LS 1 18,684.00$ $18,684.00
CONSTRUCTION MANAGEMENT LS 1 4,396.00$ $4,396.00
TRAFFIC CONTROL LS 1 24,502.00$ $24,502.00
Sub Total $92,034.00
CONSTRUCTION TOTAL $543,207.02
2. Aspen Engineering - Civil Engineers
Item Description Unit QTY Unit Price Total
DESIGN COSTS INCURRED FOR THE PUBLIC STREET IMPROVEMENTS LS 1 58,800.00$ $58,800.00
TOTAL $58,800.00
3. Soil Testing for Roadway Portions
Item Description Unit QTY Unit Price Total
COST OF TESTING MATERIALS FOR CONSTRUCTION OF THE ROADWAY LS 1 6,329.00$ $6,329.00
TOTAL $6,329.00
4. Construction Survey Staking
Item Description Unit QTY Unit Price Total
CONSTRUCTION STAKING FOR ROADWAY IMPROVEMENTS LS 1 3,691.00$ $3,691.00
(Turnberry, Morningstar, Brightwater, Parkside)TOTAL $3,691.00
TOTAL COST OF THE PERMANENT PUBLIC STREET IMPROVEMENTS $612,027.02
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Item 11.
Project:WATERS EDGE WEST (Street Reimbursement Agreement City-Developer Cost Breakdown)
Developer:Actual Communities, Inc.
Created by:Aspen Engineering
Date:29-Feb-24
Brief Description of Eligible Improvements: Reimbursement request for applicable roadway oversized portions, per DA for Waters Edge West
*Please note that the "adjacent parcel owner" costs are not the actual repay costs for City Parks, as the City of FC requires we reduce the asphalt costs to match the local street section. Repay will be based on the actual costs, by Connell for street sections.
Roadway:Turnberry Road
Item # Description of Item Unit Unit Price Developer City
Adjacent Parcel
Owner Developer City
Adjacent Parcel
Owner Total Cost
18 & 16 4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 29.40$ 2,475 3,494 1,812 72,765.00$ 102,723.60$ 53,272.80$ 228,761.40$
18 & 16 Fly Ash Stabilization (12" @ 12%)SY 9.45$ 2,475 3,494 1,812 23,388.75$ 33,018.30$ 17,123.40$ 73,530.45$
18 & 16 FLY ASH MOBILZATION (Pro rated to 1.23/SY)SY 1.23$ 2,475 3,494 1,812 3,044.25$ 4,297.62$ 2,228.76$ 9,570.63$
17 & 13 Sawcut Existing Pavement LF 3.85$ 1,403 2,661 1,216 5,401.55$ 10,244.85$ 4,681.60$ 20,328.00$
17 & 13 Remove Existing Pavement SY 5.25$ 1,432 2,241 1,012 7,518.00$ 11,765.25$ 5,313.00$ 24,596.25$
14 6" Thick Concrete Sidewalk SF 6.00$ 5,792 1,930 - 34,752.00$ 11,580.00$ -$ 46,332.00$
14 Fine Grade Under Sidewalk SF 0.73$ 5,792 1,930 - 4,228.16$ 1,408.90$ -$ 5,637.06$
15 Parkway Oversizing SF 4.00$ 6,875 4,947 - 27,500.00$ 19,788.00$ -$ 47,288.00$
Roadway Construction Sub-Total 178,597.71$ 194,826.52$ 82,619.56$ 456,043.79$
Roadway:Morningstar Way (West of Roundabout)
Item # Description of Item Unit Unit Price Developer City
Adjacent Parcel
Owner Developer City
Adjacent Parcel
Owner Total Cost
2 4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 29.40$ 2,502 1,798 0 73,558.80$ 52,861.20$ -$ 126,420.00$
2 FLY ASH STABILIZATION (12" @ 12%)SY 9.45$ 2,502 1,798 0 23,643.90$ 16,991.10$ -$ 40,635.00$
2 FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 1.23$ 2,502 1,798 0 3,077.46$ 2,211.54$ -$ 5,289.00$
1 6" Thick Concrete Sidewalk SF 6.00$ 7,875 1,182 0 47,250.00$ 7,092.00$ -$ 54,342.00$
1 Fine Grade Under Sidewalk SF 0.73$ 7,875 1,182 0 5,748.75$ 862.86$ -$ 6,611.61$
3 Parkway Oversizing SF 4.00$ 9,625 5,234 0 38,500.00$ 20,936.00$ -$ 59,436.00$
-$
Roadway Construction Sub-Total 191,778.91$ 100,954.70$ -$ 292,733.61$
Roadway:Brightwater Drive (South of Roundabout)
Item # Description of Item Unit Unit Price Developer City
Adjacent Parcel
Owner Developer City
Adjacent Parcel
Owner Total Cost
5 4" HMA/ 6" ABC pavement section, including subgrade prep (27.10+2.30)SY 29.40$ 3,704 2,682 2,600 108,897.60$ 78,850.80$ 76,440.00$ 264,188.40$
5 FLY ASH STABILIZATION (12" @ 12%)SY 9.45$ 3,704 2,682 2,600 35,002.80$ 25,344.90$ 24,570.00$ 84,917.70$
5 FLY ASH MOBILIZATION ( Pro rated to 1.23/SY)SY 1.23$ 3,704 2,682 2,600 4,555.92$ 3,298.86$ 3,198.00$ 11,052.78$
4 6" Thick, 5' wide Concrete Sidewalk, including subgrade prep.SF 6.00$ 6,368 1,663 4,891 38,208.00$ 9,978.00$ 29,346.00$ 77,532.00$
4 Fine Grade Under Sidewalk SF 0.73$ 6,368 1,663 4,891 4,648.64$ 1,213.99$ 3,570.43$ 9,433.06$
6 Parkway Oversizing SF 4.00$ 8,882 5,731 5,450 35,528.00$ 22,924.00$ 21,800.00$ 80,252.00$
Demo Remove Existing Pavement (Old Brightwater accesss drive)SY 5.25$ 3,625 2,625 2,545 19,031.25$ 13,781.25$ 13,361.25$ 46,173.75$
-$ -$
Roadway Construction Sub-Total 245,872.21$ 155,391.80$ 172,285.68$ 573,549.69$
Construction Total 616,248.83$ 451,173.02$ 254,905.24$ 1,322,327.09$
Percentage 46.6%34.1%19.3%100.0%
Soft Costs (based on a proportional split of construction costs)
Item # Description of Item Unit Unit Price Developer City
Adjacent Parcel
Owner Developer City
Adjacent Parcel
Owner Total Cost
Construction Surveying -----251,714.00$ 3,691.00$ 6,549.00$ 261,954.00$
Mobilization -----404,018.00$ 18,684.00$ 2,500.00$ 425,202.00$
Construction Management -----84,974.00$ 4,396.00$ 10,630.00$ 100,000.00$
Erosion Control -----116,863.00$ 2,902.00$ 3,071.00$ 122,836.00$
Traffic Control -----34,486.00$ 24,502.00$ 1,512.00$ 60,500.00$
Signage & Striping 72,915.00$ 41,550.00$ 2,935.00$ 117,400.00$
Geotech./Materials Testing -----294,661.00$ 6,329.00$ 7,718.00$ 308,708.00$
Design Engineering -----379,950.00$ 58,800.00$ 11,250.00$ 450,000.00$
Soft Cost Totals 1,639,581.00$ 160,854.00$ 46,165.00$ 1,846,600.00$
Totals:1,639,581.00 612,027.02 301,070.24 3,168,927.09
Quantity Breakdown Cost Breakdown
Quantity Breakdown (Proportional Split) Cost Breakdown (Proportional Split)
Quantity Breakdown Cost Breakdown
Quantity Breakdown Cost Breakdown
Page 97
Item 11.
1
1983.0007; JZR7HXE2KFXQ-1201763581-151
JOINT RESOLUTION
OF THE BOARD OF DIRECTORS OF
WATERS’ EDGE METROPOLITAN DISTRICT NOS. 1 & 2
PROHIBITING DISTRICT REIMBURSEMENT
TO DEVELOPER FOR VARIOUS OVERSIZING IMPROVEMENT COSTS
WHEREAS, Waters’ Edge Metropolitan District Nos. 1 & 2 (the “Districts”) are each a
quasi-municipal corporation and political subdivision of the State of Colorado, duly organized
pursuant to §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, pursuant to § 32-1-1001(1)(d), C.R.S., the Boards of Directors of the Districts
(together, the “Board”) are authorized to enter into contracts and agreements affecting the affairs
of the Districts; and
WHEREAS, pursuant to § 32-1-1001(1)(h) C.R.S., the Board has the management, control,
and supervision of all the business and affairs of the Districts; and
WHEREAS, Waters’ Edge Developments Inc. (the “Developer”) constructed certain
oversized improvements to portions of Brightwater Drive, Morningstar Way, and Turnberry Road,
collector roadways within the Districts’ boundaries (the “Street Oversized Improvements”), and
streets, curb, and sidewalk, around the park located centrally in the Districts (the “Oversized Park
Improvements” and together with the Street Oversized Improvements, the “Oversized
Improvements”); and
WHEREAS, the Developer dedicated the Oversized Improvements to the City of Fort
Collins (the “City”); and
WHEREAS, the Developer seeks reimbursement from, and/or has been reimbursed by the
City for, certain costs associated with the construction of the Oversized Improvements; and
WHEREAS, the City seeks assurances from the Districts that, to the extent that the City
reimburses the Developer for the Oversized Improvements, the Districts shall not reimburse the
Developer for such Oversized Improvements; and
WHEREAS, the District’s accountant has furnished an affidavit stating that the District has
neither accepted costs for reimbursement nor reimbursed costs related to the Oversized
Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
1. To the extent the City reimburses the Developer, the Districts shall not reimburse
the Developer for the costs associated with the Oversized Improvements.
DocuSign Envelope ID: 447233FC-13A3-4784-AA09-DF60F2639731DocuSign Envelope ID: 6C949CA2-B25A-492E-AB92-2DDBE032380CDocuSign Envelope ID: 661543C3-2404-476A-89F1-8B3BCEADEA9E
Page 98
Item 11.
2
1983.0007; JZR7HXE2KFXQ-1201763581-151
2. Nothing herein shall prohibit any of the Districts from reimbursing the Developer
for any improvement costs that are eligible for reimbursement under the Districts’ service plan to
the extent such improvement costs are not reimbursed by the City.
3. The Districts’ accountant shall ensure that the Districts do not reimburse the
Developer, or its successors or assigns, for the cost of the Oversized Improvements that have been
reimbursed by the City.
[Signature Page Follows.]
DocuSign Envelope ID: 447233FC-13A3-4784-AA09-DF60F2639731DocuSign Envelope ID: 6C949CA2-B25A-492E-AB92-2DDBE032380CDocuSign Envelope ID: 661543C3-2404-476A-89F1-8B3BCEADEA9E
Page 99
Item 11.
3
1983.0007; JZR7HXE2KFXQ-1201763581-151
ADOPTED October 18, 2023.
DISTRICTS:
WATERS’ EDGE METROPOLITAN
DISTRICT NO. 1, a quasi-municipal corporation
and political subdivision of the State of Colorado
By:
Officer of the District
Attest:
By:
DISTRICTS:
WATERS’ EDGE METROPOLITAN
DISTRICT NO. 2, a quasi-municipal corporation
and political subdivision of the State of Colorado
By:
Officer of the District
Attest:
By:
APPROVED AS TO FORM:
WHITE BEAR ANKELE TANAKA & WALDRON
Attorneys at Law
General Counsel to the District
Signature page to Resolution Prohibiting District Reimbursement to Developer
For Various Oversizing Improvement Costs
DocuSign Envelope ID: 447233FC-13A3-4784-AA09-DF60F2639731DocuSign Envelope ID: 6C949CA2-B25A-492E-AB92-2DDBE032380CDocuSign Envelope ID: 661543C3-2404-476A-89F1-8B3BCEADEA9E
Page 100
Item 11.
SIMMONS & WHEELER, P.C. Certified Public Accountants 304 Inverness Way South, Suite 490, Englewood, CO 80112 (303) 689-0833
ACCOUNTANT'S Affidavit
October 18, 2023
Board of Directors
Water’s Edge Metropolitan Districts 1-2
c/o White, Bear, Ankele, Tanaka & Waldron, P.C.
2154 E. Commons Avenue, Suite 2000
Centennial, CO 80122
Re: Developer Reimbursement of oversized improvements
This report summarizes the results of the procedures we have performed related to substantiation that the District has
not accepted costs nor reimbursed Waters’ Edge Developments, Inc. (the “Developer”) for costs relating to oversized
improvements to portions of Brightwater Drive, Morningstar Way, and Turnberry Road, and streets, curb, and
sidewalk, around the park located centrally in the Districts
The Developer has submitted documentation of $18,320,797.64 of expenditures for the District Eligible Improvements
consisting of invoices and other supporting documentation as outlined in the Engineer’s Report and Verification of
Costs Associated with Public Improvements No. 9 (“Report No. 9”).
Schedio Group LLC, (“Schedio Group”), the District’s independent engineer, has reviewed certain underlying
documentation and has submitted an Engineer’s Verification verifying $18,320,797.64 as being for soft, indirect and
hard costs associated with the design and construction of Public Improvements and therefore eligible for Developer
Reimbursement. According to Report No. 9, certain of those costs relate to the oversized improvements to portions of
Brightwater Drive, Morningstar Way, and Turnberry Road, and streets, curb, and sidewalk around the park located
centrally in the Districts (“Oversize Costs”). $612,027 of the above-referenced Oversize Costs have been identified
by City of Fort Collins Staff as reimbursable by the City in accordance with the City’s oversizing reimbursement
policy (“City-Reimbursable Oversize Costs”), and said City-Reimbursable Oversize Costs are not eligible to be
acquired by the Water’s Edge Metropolitan Districts Nos. 1-5 or reimbursed to the Developer. None of Waters’ Edge
District Nos. 1-5 have reimbursed the Developer for the above-referenced City-Reimbursable Oversize Costs, nor
have Waters’ Edge Metropolitan District Nos. 1-5 acquired the improvements associated with said City-Reimbursable
Oversize Costs.
We have reviewed certain underlying documentation supporting Report No. 9 as necessary and appropriate, in
accordance with accounting principles generally accepted in the United States of America, to verify the accuracy of
the cost summary set forth in Report No. 9. I have discussed the allocation of costs relating to various invoices with
Schedio Group, to determine the reasonableness of the allocation.
We were not engaged to and did not conduct an examination in accordance with generally accepted auditing standards
in the United States of America, the objective of which would be the expression of an opinion on the financial
statements of the District. Accordingly, we do not express such an opinion. We performed our engagement as a
consulting service under the American Institute of Certified Public Accountants' Statement of Standards for Consulting
Services. Had we performed additional procedures, other matters might have come to our attention that would have
been reported to you.
We are not independent with respect to the District.
Simmons & Wheeler, P.C.
Page 101
Item 11.
1983.0007; 1006299 1
RESOLUTION
OF THE
BOARD OF DIRECTORS
OF THE
WATERS’ EDGE METROPOLITAN DISTRICT NO. 3
DECLARING INACTIVE SPECIAL DISTRICT STATUS
WHEREAS, the Waters’ Edge Metropolitan District No. 3 (the “District”) is a quasi-
municipal corporation and political subdivision of the State of Colorado and is a duly organized
and existing special district pursuant to §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, pursuant to § 32-1-104(3)(a), C.R.S., the board of directors of an “inactive
special district,” as that term is defined in § 32-1-103(9.3), C.R.S., may adopt a resolution that
declares and affirms its qualifications for inactive status; and
WHEREAS, the Board of Directors for the District (the “Board”) has determined that the
District qualifies as an inactive special district; and
WHEREAS, the Board desires to declare and affirm the District’s qualifications for
inactive status in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DISTRICT AS
FOLLOWS:
1. INACTIVE SPECIAL DISTRICT STATUS. The Board hereby declares and
affirmatively states that the District meets the criteria for being an inactive special district as
defined in § 32-1-103(9.3), C.R.S. The Board directs legal counsel to file a notice of inactive
status with the agencies prescribed in § 32-1-104(3)(a), C.R.S., and, for each year thereafter in
which the District qualifies as an inactive special district, to file a notice of continuing inactive
status for the District pursuant to § 32-1-104(4), C.R.S.
2. AUTHORITY TO CONDUCT ELECTIONS. The Secretary of the District (the
“Authorized Officer”) shall be authorized and is hereby directed by the Board to cause such
actions to be taken as may be necessary, including but not limited to, the adoption of a resolution
to conduct regular or special elections of the District (collectively, the “Election”) during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District’s boundaries, if necessary. The Board further hereby deems that the
following shall apply to the Election:
2.1 The Election shall be conducted pursuant to §§ 32-1-101, et seq., C.R.S. (the
“Special District Act”); §§ 1-13.5-101, et seq., C.R.S. (the “Colorado Local Government
Election Code”); and §§ 1-1-101 through 1-13-101, et seq., C.R.S. (the “Uniform Election
Page 102
Item 11.
1983.0007; 1006299 2
Code of 1992”), including any amendments thereto, and shall also comply with Article X, §
20 of the Colorado Constitution (“TABOR”), as necessary.
2.2 The Election shall be conducted as an independent mail ballot election
unless otherwise deemed necessary and expressed in a separate election resolution adopted
by the Board.
2.3 Pursuant to the authority set forth in § 1-1-111, C.R.S., the Board hereby
appoints Ashley B. Frisbie, of the law firm of WHITE BEAR ANKELE TANAKA &
WALDRON, Attorneys at Law, as the Designated Election Official (the “DEO”) of the
District for the Election called by the Board, or called on behalf of the Board by the
DEO, and hereby authorizes and directs the DEO to take all actions necessary for the
proper conduct of the Election, including, if applicable, cancellation of the Election in
accordance with § 1-13.5-513, C.R.S.
2.4 In the event the DEO is not available, the Authorized Officer shall be
authorized to appoint a new DEO, who shall thereafter have all of the authority granted to
the DEO by this Resolution, the Colorado Local Government Election Code and the
Uniform Election Code of 1992.
3. COMPLIANCE MATTERS. The Board hereby directs legal counsel for the
District to undertake to all action required of inactive special districts in accordance with law.
4. FULL FORCE AND EFFECT. This Resolution shall remain in full force and
effect until repealed or superseded, in whole or part, by subsequent official action of the Board,
including, but not limited to, a return to active status pursuant to § 32-1-104(3)(b), C.R.S.
[Signature page follows.]
Page 103
Item 11.
Page 104
Item 11.
1983.0007; 1006299 1
RESOLUTION
OF THE
BOARD OF DIRECTORS
OF THE
WATERS’ EDGE METROPOLITAN DISTRICT NO. 4
DECLARING INACTIVE SPECIAL DISTRICT STATUS
WHEREAS, the Waters’ Edge Metropolitan District No. 4 (the “District”) is a quasi-
municipal corporation and political subdivision of the State of Colorado and is a duly organized
and existing special district pursuant to §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, pursuant to § 32-1-104(3)(a), C.R.S., the board of directors of an “inactive
special district,” as that term is defined in § 32-1-103(9.3), C.R.S., may adopt a resolution that
declares and affirms its qualifications for inactive status; and
WHEREAS, the Board of Directors for the District (the “Board”) has determined that the
District qualifies as an inactive special district; and
WHEREAS, the Board desires to declare and affirm the District’s qualifications for
inactive status in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DISTRICT AS
FOLLOWS:
1. INACTIVE SPECIAL DISTRICT STATUS. The Board hereby declares and
affirmatively states that the District meets the criteria for being an inactive special district as
defined in § 32-1-103(9.3), C.R.S. The Board directs legal counsel to file a notice of inactive
status with the agencies prescribed in § 32-1-104(3)(a), C.R.S., and, for each year thereafter in
which the District qualifies as an inactive special district, to file a notice of continuing inactive
status for the District pursuant to § 32-1-104(4), C.R.S.
2. AUTHORITY TO CONDUCT ELECTIONS. The Secretary of the District (the
“Authorized Officer”) shall be authorized and is hereby directed by the Board to cause such
actions to be taken as may be necessary, including but not limited to, the adoption of a resolution
to conduct regular or special elections of the District (collectively, the “Election”) during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District’s boundaries, if necessary. The Board further hereby deems that the
following shall apply to the Election:
2.1 The Election shall be conducted pursuant to §§ 32-1-101, et seq., C.R.S. (the
“Special District Act”); §§ 1-13.5-101, et seq., C.R.S. (the “Colorado Local Government
Election Code”); and §§ 1-1-101 through 1-13-101, et seq., C.R.S. (the “Uniform Election
Page 105
Item 11.
1983.0007; 1006299 2
Code of 1992”), including any amendments thereto, and shall also comply with Article X, §
20 of the Colorado Constitution (“TABOR”), as necessary.
2.2 The Election shall be conducted as an independent mail ballot election
unless otherwise deemed necessary and expressed in a separate election resolution adopted
by the Board.
2.3 Pursuant to the authority set forth in § 1-1-111, C.R.S., the Board hereby
appoints Ashley B. Frisbie, of the law firm of WHITE BEAR ANKELE TANAKA &
WALDRON, Attorneys at Law, as the Designated Election Official (the “DEO”) of the
District for the Election called by the Board, or called on behalf of the Board by the
DEO, and hereby authorizes and directs the DEO to take all actions necessary for the
proper conduct of the Election, including, if applicable, cancellation of the Election in
accordance with § 1-13.5-513, C.R.S.
2.4 In the event the DEO is not available, the Authorized Officer shall be
authorized to appoint a new DEO, who shall thereafter have all of the authority granted to
the DEO by this Resolution, the Colorado Local Government Election Code and the
Uniform Election Code of 1992.
3. COMPLIANCE MATTERS. The Board hereby directs legal counsel for the
District to undertake to all action required of inactive special districts in accordance with law.
4. FULL FORCE AND EFFECT. This Resolution shall remain in full force and
effect until repealed or superseded, in whole or part, by subsequent official action of the Board,
including, but not limited to, a return to active status pursuant to § 32-1-104(3)(b), C.R.S.
[Signature page follows.]
Page 106
Item 11.
Page 107
Item 11.
1983.0007; 1006299 1
RESOLUTION
OF THE
BOARD OF DIRECTORS
OF THE
WATERS’ EDGE METROPOLITAN DISTRICT NO. 5
DECLARING INACTIVE SPECIAL DISTRICT STATUS
WHEREAS, the Waters’ Edge Metropolitan District No. 5 (the “District”) is a quasi-
municipal corporation and political subdivision of the State of Colorado and is a duly organized
and existing special district pursuant to §§ 32-1-101, et seq., C.R.S.; and
WHEREAS, pursuant to § 32-1-104(3)(a), C.R.S., the board of directors of an “inactive
special district,” as that term is defined in § 32-1-103(9.3), C.R.S., may adopt a resolution that
declares and affirms its qualifications for inactive status; and
WHEREAS, the Board of Directors for the District (the “Board”) has determined that the
District qualifies as an inactive special district; and
WHEREAS, the Board desires to declare and affirm the District’s qualifications for
inactive status in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DISTRICT AS
FOLLOWS:
1. INACTIVE SPECIAL DISTRICT STATUS. The Board hereby declares and
affirmatively states that the District meets the criteria for being an inactive special district as
defined in § 32-1-103(9.3), C.R.S. The Board directs legal counsel to file a notice of inactive
status with the agencies prescribed in § 32-1-104(3)(a), C.R.S., and, for each year thereafter in
which the District qualifies as an inactive special district, to file a notice of continuing inactive
status for the District pursuant to § 32-1-104(4), C.R.S.
2. AUTHORITY TO CONDUCT ELECTIONS. The Secretary of the District (the
“Authorized Officer”) shall be authorized and is hereby directed by the Board to cause such
actions to be taken as may be necessary, including but not limited to, the adoption of a resolution
to conduct regular or special elections of the District (collectively, the “Election”) during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District’s boundaries, if necessary. The Board further hereby deems that the
following shall apply to the Election:
2.1 The Election shall be conducted pursuant to §§ 32-1-101, et seq., C.R.S. (the
“Special District Act”); §§ 1-13.5-101, et seq., C.R.S. (the “Colorado Local Government
Election Code”); and §§ 1-1-101 through 1-13-101, et seq., C.R.S. (the “Uniform Election
Page 108
Item 11.
1983.0007; 1006299 2
Code of 1992”), including any amendments thereto, and shall also comply with Article X, §
20 of the Colorado Constitution (“TABOR”), as necessary.
2.2 The Election shall be conducted as an independent mail ballot election
unless otherwise deemed necessary and expressed in a separate election resolution adopted
by the Board.
2.3 Pursuant to the authority set forth in § 1-1-111, C.R.S., the Board hereby
appoints Ashley B. Frisbie, of the law firm of WHITE BEAR ANKELE TANAKA &
WALDRON, Attorneys at Law, as the Designated Election Official (the “DEO”) of the
District for the Election called by the Board, or called on behalf of the Board by the
DEO, and hereby authorizes and directs the DEO to take all actions necessary for the
proper conduct of the Election, including, if applicable, cancellation of the Election in
accordance with § 1-13.5-513, C.R.S.
2.4 In the event the DEO is not available, the Authorized Officer shall be
authorized to appoint a new DEO, who shall thereafter have all of the authority granted to
the DEO by this Resolution, the Colorado Local Government Election Code and the
Uniform Election Code of 1992.
3. COMPLIANCE MATTERS. The Board hereby directs legal counsel for the
District to undertake to all action required of inactive special districts in accordance with law.
4. FULL FORCE AND EFFECT. This Resolution shall remain in full force and
effect until repealed or superseded, in whole or part, by subsequent official action of the Board,
including, but not limited to, a return to active status pursuant to § 32-1-104(3)(b), C.R.S.
[Signature page follows.]
Page 109
Item 11.
Page 110
Item 11.
Abby J. Franz
Paralegal
303-858-1800
afranz@wbapc.com
December 11, 2023
VIA CERTIFIED MAIL
City of Fort Collins
300 Laporte Avenue
PO BOX 580
Fort Collins, CO 80521
Larimer County Board of County
Commissioners
200 W Oak Street, Ste 2200
Fort Collins, CO 80521
Division of Local Government
E-filed via www.dola.colorado.gov/e-filing
State of Colorado
Office of State Auditor
E-filed via https://apps.leg.co.gov/osa/lg
Re: Notices of Continuing Inactive Status for Waters' Edge Metropolitan District
Nos. 3-5
To Whom It May Concern:
Pursuant to § 32-1-104(4), C.R.S., enclosed for your records please find copies of the
Special District Notices of Continuing Inactive Status for the above-referenced Districts. Should
you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
WHITE BEAR ANKELE TANAKA & WALDRON
Attorneys at Law
Abby J. Franz, Paralegal
Enclosures
Page 111
Item 11.
Governor John W. Hickenlooper | Irv Halter, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Title 32, Article 1 Special District Annual Notice of Continuing Inactive Status
NOTICE IS HEREBY GIVEN
the ____________________Waters' Edge Metropolitan District No. 3 ____________________ 67115 (LGID)
in ________________________ Larimer ____________________________________________ County, Colorado
pursuant to subsection 32-1-104(4) C.R.S., and upon the attached authorization of the current board of the District, is
continuing as an Inactive Special District as defined by C.R.S. 32-1-103(9.3) for the fiscal year beginning: January 1, 2024
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4) C.R.S., the District has not and shall not issue any debt,
impose a mill levy, or conduct any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: ________Robert G. Rogers______________________ Phone: __(303) 858-1800____
Contact Signature: _______________________________________________ Date: ____________________
Contact Email Address: _____________________rrogers@wbapc.com_______________________________
District Business Address: _____________c/o White Bear Ankele Tanaka & Waldron______________________
Business Address (cont.): _______________2154 E. Commons Ave., Suite 2000________________________
Address City/State/Zip: _____ ______________Centennial, CO 80122________________________________
Directors Elected or Appointed Term Exp. Yr.
1.Board Chair:Paul Joseph Knopinski Elected May 2025
2.Director:John Gooch Elected May 2025
3.Director:Jerry Wenzel Elected May 2023
4.Director:Todd Johnson Elected May 2025
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
•32-1-104(2) - Annual January 15th Contact Filing;
•32-1-306 - Annual January 1st Map Filing
•32-1-809 - Annual January 15th Notice to Electors
•32-1-903 - Meetings
•Title 29, Art 1, Part 1 - Budget Law
•Title 29, Art 1, Part 2 - List of Contracts
•Title 29, Art 1, Part 6 - Audit Law
•Title 39, Art 1, Part 1 - Notices of Boundary Change, Intent to
Levy
•Title 39, Art 5, Part 1 - Annual Mill Levy Certification
PROCEDERAL INSTRUCTIONS
As directed in 32-1-104(3)(b) C.R.S., by Certified Mail, Return Receipt Requested except where electronic filing is required by the
receiving entity, file this annual Notice of Continuing Inactive Status on or before December 15th with:
•the Office of the State Auditor;
•the Division of Local Government (ELECTRONIC FILING REQUIRED – www.dola.colorado.gov/e-filing – ) ; and
•the Board of County Commissioners of each county in which the District is located as confirmation of the District’s intent to not certify a
mill levy for collection in the upcoming fiscal year.
Rev. 6/16
12/11/2023
Page 112
Item 11.
Governor John W. Hickenlooper | Irv Halter, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Title 32, Article 1 Special District Annual Notice of Continuing Inactive Status
NOTICE IS HEREBY GIVEN
the ____________________Waters' Edge Metropolitan District No. 4 ____________________ 67116 (LGID)
in ________________________ Larimer ____________________________________________ County, Colorado
pursuant to subsection 32-1-104(4) C.R.S., and upon the attached authorization of the current board of the District, is
continuing as an Inactive Special District as defined by C.R.S. 32-1-103(9.3) for the fiscal year beginning: January 1, 2024
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4) C.R.S., the District has not and shall not issue any debt,
impose a mill levy, or conduct any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: ________Robert G. Rogers______________________ Phone: __(303) 858-1800____
Contact Signature: _______________________________________________ Date: ____________________
Contact Email Address: _____________________rrogers@wbapc.com_______________________________
District Business Address: _____________c/o White Bear Ankele Tanaka & Waldron______________________
Business Address (cont.): _______________2154 E. Commons Ave., Suite 2000________________________
Address City/State/Zip: _____ ______________Centennial, CO 80122________________________________
Directors Elected or Appointed Term Exp. Yr.
1.Board Chair:Paul Joseph Knopinski Elected May 2025
2.Director:John Gooch Elected May 2025
3.Director:Jerry Wenzel Elected May 2023
4.Director:Todd Johnson Elected May 2025
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
•32-1-104(2) - Annual January 15th Contact Filing;
•32-1-306 - Annual January 1st Map Filing
•32-1-809 - Annual January 15th Notice to Electors
•32-1-903 - Meetings
•Title 29, Art 1, Part 1 - Budget Law
•Title 29, Art 1, Part 2 - List of Contracts
•Title 29, Art 1, Part 6 - Audit Law
•Title 39, Art 1, Part 1 - Notices of Boundary Change, Intent to
Levy
•Title 39, Art 5, Part 1 - Annual Mill Levy Certification
PROCEDERAL INSTRUCTIONS
As directed in 32-1-104(3)(b) C.R.S., by Certified Mail, Return Receipt Requested except where electronic filing is required by the
receiving entity, file this annual Notice of Continuing Inactive Status on or before December 15th with:
•the Office of the State Auditor;
•the Division of Local Government (ELECTRONIC FILING REQUIRED – www.dola.colorado.gov/e-filing – ) ; and
•the Board of County Commissioners of each county in which the District is located as confirmation of the District’s intent to not certify a
mill levy for collection in the upcoming fiscal year.
Rev. 6/16
12/11/2023
Page 113
Item 11.
Governor John W. Hickenlooper | Irv Halter, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Title 32, Article 1 Special District Annual Notice of Continuing Inactive Status
NOTICE IS HEREBY GIVEN
the ____________________Waters' Edge Metropolitan District No. 5 ____________________ 67117 (LGID)
in ________________________ Larimer ____________________________________________ County, Colorado
pursuant to subsection 32-1-104(4) C.R.S., and upon the attached authorization of the current board of the District, is
continuing as an Inactive Special District as defined by C.R.S. 32-1-103(9.3) for the fiscal year beginning: January 1, 2024
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4) C.R.S., the District has not and shall not issue any debt,
impose a mill levy, or conduct any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: ________Robert G. Rogers______________________ Phone: __(303) 858-1800____
Contact Signature: _______________________________________________ Date: ____________________
Contact Email Address: _____________________rrogers@wbapc.com_______________________________
District Business Address: _____________c/o White Bear Ankele Tanaka & Waldron______________________
Business Address (cont.): _______________2154 E. Commons Ave., Suite 2000________________________
Address City/State/Zip: _____ ______________Centennial, CO 80122________________________________
Directors Elected or Appointed Term Exp. Yr.
1.Board Chair:Paul Joseph Knopinski Elected May 2025
2.Director:John Gooch Elected May 2025
3.Director:Jerry Wenzel Elected May 2023
4.Director:Todd Johnson Elected May 2025
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
•32-1-104(2) - Annual January 15th Contact Filing;
•32-1-306 - Annual January 1st Map Filing
•32-1-809 - Annual January 15th Notice to Electors
•32-1-903 - Meetings
•Title 29, Art 1, Part 1 - Budget Law
•Title 29, Art 1, Part 2 - List of Contracts
•Title 29, Art 1, Part 6 - Audit Law
•Title 39, Art 1, Part 1 - Notices of Boundary Change, Intent to
Levy
•Title 39, Art 5, Part 1 - Annual Mill Levy Certification
PROCEDERAL INSTRUCTIONS
As directed in 32-1-104(3)(b) C.R.S., by Certified Mail, Return Receipt Requested except where electronic filing is required by the
receiving entity, file this annual Notice of Continuing Inactive Status on or before December 15th with:
•the Office of the State Auditor;
•the Division of Local Government (ELECTRONIC FILING REQUIRED – www.dola.colorado.gov/e-filing – ) ; and
•the Board of County Commissioners of each county in which the District is located as confirmation of the District’s intent to not certify a
mill levy for collection in the upcoming fiscal year.
Rev. 6/16
12/11/2023
Page 114
Item 11.
Page 115
Item 11.
Page 116
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
Kelly Dubois, Senior Supervisor, Recreation
SUBJECT
First Reading of Ordinance No. 069, 2024, Making a Supplemental Appropriation from the Colorado
Department of Early Childhood in Support of Licensed City Childcare Programs.
EXECUTIVE SUMMARY
The purpose of this item is to support licensed City childcare programs by appropriating $21,069 of
unanticipated grant revenue awarded by the Colorado Department of Early Childhood (CDEC).
Through the CDEC’s Childcare Stabilization Grants program the City was awarded $21,069 in federal
pass-through funds to provide enhancements in licensed City Childcare programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City was informed by the CDEC in spring 2024 that three of the City’s licensed childhood programs were
eligible to receive American Rescue Plan Act (ARPA) federal pass-through funds under the CDEC’s Childcare
Stabilization Grants Program. These federal funds are under the U.S. Department of Health and Human
Services’ Childcare and Development Block Grant.
Based on efforts by City’s Recreation, the City was awarded funds to support operations of the Camp FunQuest
program at both the Northside Aztlan Community Center and Foothills Activity Center, as well as the Funtime
Preschool Program at Northside Aztlan Community Center (per Attachments 2, 3 and 4). The CDEC awarded
each program $7,023 for a total of $21,069.
The grants do not require the City to sign a post-award agreement and do not require that the City provide
matching funds. Funds must be fully spent by September 30, 2024.
Recreation will be administering these grant funds, providing monthly reporting and attestations to the CDEC
about allowable costs, which is required to receive the next monthly installment of grant funds.
Page 117
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The item appropriates $21,069 in unanticipated federal pass-through grant revenue through the CDEC in
support of the City’s licensed childcare programs.
There is no match requirement by the City under this grant.
The grant is a reimbursement-based grant that works through funding installments by the CDEC, meaning
Recreation Fund expenses will be reimbursed up to $21,069.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Northside Aztlan Community Center- Camp FunQuest- Grant Award
3. Foothills Activity Center- Camp FunQuest- Grant Award
4. Northside Aztlan Community Center- Funtime Preschool- Grant Award
Page 118
Item 12.
-1-
ORDINANCE NO. 069, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO DEPARTMENT OF EARLY CHILDHOOD IN
SUPPORT OF LICENSED CITY CHILDCARE PROGRAMS
A. The City was awarded grants from the Colorado Department of Early
Childhood (CDEC) to provide enhancements to three City licensed childcare programs.
B. The grant funds will support operations of the Camp FunQuest program at
both Northside Aztlan Community Center and Foothills Activity Center and the Funtime
Preschool Program at Northside Aztlan Community Center.
C. The CDEC awarded each program $7,023 for a total grant award of $21,069
which Recreation will administer.
D. This appropriation benefits the public health and welfare of the citizens of
Fort Collins and serves the public purpose and strategic objective of providing licensed
City childcare programs.
E. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all oth er funds to be
received during the fiscal year.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Recreation Fund and will not cause the total amount appropriated in the Recreation
Fund to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
H. The City Council wishes to designate the appropriation herein for the
Colorado Department of Early Childhood Stabilization Grant as an appropriation that shall
not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 119
Item 12.
-2-
Section 1. There is hereby appropriated from new revenue or other funds in the
Recreation Fund the sum of TWENTY-ONE THOUSAND SIXTY-NINE DOLLARS
($21,069) to be expended in the Recreation Fund for the support of Licensed City
Childcare Programs.
Section 2. The appropriation herein for the Colorado Department of Early
Childhood Stabilization Grant is hereby designated, as authorized in Article V, Section 11
of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Sara Arfmann
Page 120
Item 12.
From:Kerri Ishmael
To:Kerri Ishmael
Subject:Northside Aztlan- Camp FunQuest
Date:Thursday, May 2, 2024 9:47:29 AM
From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com>
Sent: Tuesday, April 30, 2024 3:22 PM
To: Kyle Urich <kurich@fcgov.com>
Subject: [EXTERNAL] Your Stabilization/New Provider Success Bonus Grant Award
Hello,
Congratulations! We received your Stabilization/New Provider Success 2024 Bonus Grant
application. Thank you for your time to apply. We are excited to announce your site has been
approved for the bonus payment.
Your location: Northside Aztlan Community Center
License Number: 1737253
Stabilization/New Provider Success 2024 Total Bonus Award: $7023.00
You should expect to receive your grant payment around 5/1/2024.
All funding must be spent by September 30th 2024.
Please use this link for the allowable Stabilization grant uses. The dates have NOT been updated but
the requirements for this bonus payment remain the same as the previous stabilization grants. You
can use this bonus payment towards operations, workforce, one or the other, or both.
As a reminder, here are the attestations from the grant application:
· I attest that my child care program is open and operating (not temporarily closed)
· I agree to abide by the federal CCDF grant requirements and restrictions Allowable
Uses click here
· I attest that I have read, understand, and agree to abide by the stipulations regarding
allowable uses and unallowable costs under the federal CCDF grant as listed above.
· I will not use these funds for
o the purchase of alcohol, firearms, tobacco, lottery tickets or entertainment
costs (except where specific costs that might otherwise be considered
entertainment have a programmatic purpose and are authorized);
Page 121
Item 12.
o equipment and other capital expenditures such as building improvements, or
equipment purchased to make capital improvements (unless necessary to meet
health/safety requirements);
o used for sectarian purposes, and;
o used as the non-federal share for other federal grant programs.
· I attest that I will not use this grant funding towards the purchase of any single item
over $5,000. I agree to retain all expense documentation for a minimum of three years
after the grant period ends.
This email is only being sent to this email address. Please forward to others in your program as
needed.
If you have questions about your grant award, please reach out to the Stimulus Grants Help Desk.
Thank you,
The CDEC Stimulus Grants Team
Page 122
Item 12.
From:Kerri Ishmael
To:Kerri Ishmael
Subject:Foothills Activity Center - Camp FunQuest - Grant Award
Date:Thursday, May 2, 2024 9:45:55 AM
From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com>
Sent: Tuesday, April 30, 2024 3:22 PM
To: Erica Weimer <eweimer@fcgov.com>
Subject: [EXTERNAL] Your Stabilization/New Provider Success Bonus Grant Award
Hello,
Congratulations! We received your Stabilization/New Provider Success 2024 Bonus Grant
application. Thank you for your time to apply. We are excited to announce your site has been
approved for the bonus payment.
Your location: City of Ft Collins Foothills Activity Ctr
License Number: 1743864
Stabilization/New Provider Success 2024 Total Bonus Award: $7023.00
You should expect to receive your grant payment around 5/1/2024.
All funding must be spent by September 30th 2024.
Please use this link for the allowable Stabilization grant uses. The dates have NOT been updated but
the requirements for this bonus payment remain the same as the previous stabilization grants. You
can use this bonus payment towards operations, workforce, one or the other, or both.
As a reminder, here are the attestations from the grant application:
· I attest that my child care program is open and operating (not temporarily closed)
· I agree to abide by the federal CCDF grant requirements and restrictions Allowable
Uses click here
· I attest that I have read, understand, and agree to abide by the stipulations regarding
allowable uses and unallowable costs under the federal CCDF grant as listed above.
· I will not use these funds for
o the purchase of alcohol, firearms, tobacco, lottery tickets or entertainment
costs (except where specific costs that might otherwise be considered
entertainment have a programmatic purpose and are authorized);
Page 123
Item 12.
o equipment and other capital expenditures such as building improvements, or
equipment purchased to make capital improvements (unless necessary to meet
health/safety requirements);
o used for sectarian purposes, and;
o used as the non-federal share for other federal grant programs.
· I attest that I will not use this grant funding towards the purchase of any single item
over $5,000. I agree to retain all expense documentation for a minimum of three years
after the grant period ends.
This email is only being sent to this email address. Please forward to others in your program as
needed.
If you have questions about your grant award, please reach out to the Stimulus Grants Help Desk.
Thank you,
The CDEC Stimulus Grants Team
Page 124
Item 12.
From:Kerri Ishmael
To:Kerri Ishmael
Subject:Northside Aztlan- Funtime Preschool
Date:Thursday, May 2, 2024 9:46:54 AM
From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com>
Sent: Tuesday, April 30, 2024 3:22 PM
To: Savanna Allen <sallen@fcgov.com>
Subject: [EXTERNAL] Your Stabilization/New Provider Success Bonus Grant Award
Hello,
Congratulations! We received your Stabilization/New Provider Success 2024 Bonus Grant
application. Thank you for your time to apply. We are excited to announce your site has been
approved for the bonus payment.
Your location: Northside Aztlan Community Center
License Number: 1740039
Stabilization/New Provider Success 2024 Total Bonus Award: $7023.00
You should expect to receive your grant payment around 5/1/2024.
All funding must be spent by September 30th 2024.
Please use this link for the allowable Stabilization grant uses. The dates have NOT been updated but
the requirements for this bonus payment remain the same as the previous stabilization grants. You
can use this bonus payment towards operations, workforce, one or the other, or both.
As a reminder, here are the attestations from the grant application:
· I attest that my child care program is open and operating (not temporarily closed)
· I agree to abide by the federal CCDF grant requirements and restrictions Allowable
Uses click here
· I attest that I have read, understand, and agree to abide by the stipulations regarding
allowable uses and unallowable costs under the federal CCDF grant as listed above.
· I will not use these funds for
o the purchase of alcohol, firearms, tobacco, lottery tickets or entertainment
costs (except where specific costs that might otherwise be considered
entertainment have a programmatic purpose and are authorized);
o equipment and other capital expenditures such as building improvements, or
Page 125
Item 12.
equipment purchased to make capital improvements (unless necessary to meet
health/safety requirements);
o used for sectarian purposes, and;
o used as the non-federal share for other federal grant programs.
· I attest that I will not use this grant funding towards the purchase of any single item
over $5,000. I agree to retain all expense documentation for a minimum of three years
after the grant period ends.
This email is only being sent to this email address. Please forward to others in your program as
needed.
If you have questions about your grant award, please reach out to the Stimulus Grants Help Desk.
Thank you,
The CDEC Stimulus Grants Team
Page 126
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Lawrence Pollack, Budget Director
SUBJECT
First Reading of Ordinance No. 070, 2024, Correcting Ordinance No. 003, 2024, Authorizing
Transfers and Reappropriating Funds Previously Approved for the Utilities’ Grid Flexibility
Programs.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $200,000 of prior year reserves in the Light and Power Fund to
support Ordinance No. 003, 2024, which authorized transfers and reappropriation of funds previously
appropriated for the Utilities’ Grid Flexibility Programs. The ordinance, as adopted, omitted the need for
$200,000 of prior year reserves to fully fund the requested appropriation, since those funds had technically
lapsed at the end of fiscal year 2023.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
Section 1 of Ordinance No. 003, 2024, adopted on February 6, 2024, should have been split into separate
allocations: the first referencing the use of prior year reserves in the Light and Power Fund Water Heater
and Communication Protocol Project budgets and another referencing the use of prior year reserves in the
Light and Power Fund. The Ordinance, as written and adopted, indicates the full unexpended and
unencumbered amount is authorized for transfer from the Light and Power Fund Water Heater and
Communication Protocol Project Budgets. One of those budgets in the amount of $200,000 lapsed at the
end of fiscal year 2023 and therefore was not technically available for transfer directly from the indicated
fund. This action corrects that situation by appropriating those funds from prior year reserves in the Light
and Power Fund and updating the non-lapsing fund designation.
CITY FINANCIAL IMPACTS
This action will use $200,000 of previously appropriated and unexpended Light and Power funds which
lapsed at the end of 2023. This action does not create any net new appropriation other than what was
approved in Ordinance No. 003, 2024.
Page 127
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Ordinance No. 003, 2024 (Copy)
Page 128
Item 13.
-1-
ORDINANCE NO. 070, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CORRECTING ORDINANCE NO. 003, 2024, AUTHORIZING
TRANSFERS AND REAPPROPRIATING FUNDS PREVIOUSLY
APPROVED FOR THE UTILITIES’ GRID FLEXIBILITY PROGRAMS
A. City Council authorized expenditures in the 2023/2024 City Budget for
purposes in the Light and Power Fund, portions of which were not spent or encumbered
in 2023 and are not anticipated to be spent in 2024 due to changes in technology related
to certain projects.
B. Utilities staff determined that unspent and unencumbered amounts applied
to ongoing grid flexibility efforts described in approved 2023/2024 Budget Offers could be
more effectively repurposed to pursue use of similar technologies and result in similar
outcomes as described in the subject Offers.
C. On February 6, 2024, City Council adopted on second reading Ordinance
No. 003, 2024, reappropriating and redeploying certain amounts Utilities staff determined
were available and unencumbered.
D. Since Council’s adoption of Ordinance No. 003, 2024, City Budget staff
identified that Section 1 of the Ordinance incorrectly indicated the total unexpended and
unencumbered amount of Three Hundred Ninety-Eight Thousand Nine Hundred Eighty-
five dollars ($398,985), was authorized for transfer from the Light and Power Fund Water
Heater and Communication Protocol Project Budgets.
E. Budget staff identified a project budget within the Water Heater and
Communication Protocol Project Budgets in the amount of Two Hundred Thousand
dollars ($200,000) lapsed at the end of fiscal year 2023, and therefore was not available
for transfer directly from the identified project fund.
F. The purpose of this Ordinance is to split the amounts described in Section
1 of Ordinance No. 003, 2024, into separate fund allocations: items referencing the use
of prior-year funds in the Light and Power Fund Water Heater and Communication
Protocol Project Budgets, and another referencing the use of prior-year reserves in the
Light and Power Fund.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 1 of Ordinance No. 003, 2024, is hereby replaced in its
entirety to read as follows:
Section 1. The unexpended and unencumbered appropriated amount of
ONE HUNDRED FORTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE
Page 129
Item 13.
-2-
DOLLARS (148,985) and FIFTY THOUSAND DOLLARS ($50,000) respectively,
totaling ONE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED EIGHTY
FIVE DOLLARS ($198,985), is authorized for transfer from the Light and Power
Fund Water Heater and Communication Protocol Project Budgets , and for the
following purposes and appropriated therein to be expended for Utilities Grid
Flexibility programs projects as follows:
Light and Power Fund Ongoing Demand Response $ 91,202
Thermostat Program $ 107,783
GRID FLEXIBILITY PROGRAM TOTAL: $ 198,985
Section 2. Section 2 of Ordinance No. 003, 2024, is hereby replaced in its
entirety to read as follows:
Section 2. There is hereby appropriated from prior year reserves in the
Light and Power Fund the sum of TWO HUNDRED THOUSAND DOLLARS
($200,000) to be expended in the Light and Power Fund for Utilities Grid Flexibility
programs projects.
Section 3. A new Section is hereby added to Ordinance No. 003, 2024, to read
as follows:
Section 3. The appropriation herein for Grid Flexibility Program projects
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of this fiscal year but continue until
the completion of the projects.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Cyril Vidergar
Page 130
Item 13.
ORDINANCE NO.003,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS AND REAPPROPRIATION
OF FUNDS PREVIOUSLY APPROPRIATED FOR THE
UTILITIES’GRID FLEXIBILITY PROGRAMS
A.City Council authorized expenditures in the 2023/2024 City Budget for
various purposes in the Light and Power Fund,portions of which were not spent or
encumbered in 2023 and are not anticipated to the spent in 2024 due to changes in
technology related to certain projects.
B.Utilities staff has determined that unspent and unencumbered amounts
applied to ongoing grid flexibility efforts described in approved 2023/2024 Budget Offers
can be more effectively repurposed to pursue use of similar technologies and result in
similar outcomes as described in the subject Offers.
C.Utilities staff has determined that the amounts to be reappropriated and
redeployed as described herein are available and currently encumbered.
D.This reappropriation benefits public health,safety and welfare of the citizens
of Fort Collins and benefits City electric utility ratepayers by leveraging utility reserves
and unexpended funds to efficiently improve the flexibility of the local electric distribution
grid using current technologies.
E.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
F.The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Light and Power Fund and will not cause the total amount appropriated in the Light
and Power Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in this Fund during this fiscal year.
G.Article V,Section 10 of the City Charter authorizes the City Council,upon
recommendation by the City Manager,to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project,provided that the purpose for which the transferred funds
are to be expended remains unchanged,the purpose for which the funds were initially
appropriated no longer exists,or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
CO
P
Y
Page 131
Item 13.
H.The City Manager has recommended the transfer of $148,985 from the
Light and Power Fund Water Heater Program Project Budget and $250,000 from the Light
and Power Fund Communication Protocol Project Budget to the Light and Power Fund
Ongoing Demand Response Project Budget,in the amount of $291,202 and Thermostat
Program Project Budget in the amount of $107,783;and determined that the following
purpose for which the transferred funds are to be expended remains unchanged:to
provide customer programs for the transition to the next generation electricity system
outlined in Our Climate Future (OCF),focusing on mitigation,resilience,and equity.
Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project,that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made,but continue until the earlier of the expiration of the federal,state or private grant
or the City’s expenditure of all funds received from such grant.
J.The City Council wishes to designate the appropriation herein for the Light
and Power Fund Ongoing Demand Response Project and Light and Power Fund
Thermostat Program Project Budget as an appropriation that shall not lapse until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from
such grant.
In light of the foregoing Recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The unexpended and unencumbered appropriated amount of ONE
HUNDRED FORTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-FIVE DOLLARS
148,985)and TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000)respectively,
totaling THREE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED EIGHTY-
FIVE DOLLARS ($398,985),is authorized for transfer from the Light and Power Fund
Water Heater and Communication Protocol Project Budgets for the following purposes
and appropriated therein to be expended for Utilities Grid Flexibility programs projects as
follows:
Light and Power Fund Ongoing Demand Response $291,202
Thermostat Program $107,783
GRID FLEXIBILITY PROGRAM TOTAL:$398,985
Section 2.The appropriation herein for Light and Power Ongoing Demand
Response Project and the Light and Power Thermostat Program is hereby designated,
as authorized in Article V,Section 11 of the City Charter,as an appropriation that shall
not lapse at the end of this fiscal year but continue until the completion of the projects.
CO
P
Y
Page 132
Item 13.
Introduced,considered favorably on first reading on January 16,2024,and
approved on second reading for final passage on February 6,2024.
ATTEST:
Interim City Clerk
AS 7
Effective Date:February 16,2024
Approving Attorney:Cyril Vidergar
CO
P
Y
Page 133
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning and Development Specialist
SUBJECT
First Reading of Ordinance No. 071, 2024, Approving the First Amendment to the Hangar Ground
Lease Agreement with IC Loveland, LLC, for the Aero FNL Hangar Development at the Northern
Colorado Regional Airport.
EXECUTIVE SUMMARY
The purpose of this item is to request City Council approval of an amendment to an existing hangar ground
lease between the City of Fort Collins, the City of Loveland, and IC Loveland, LLC, to allow for subleasing
and fractional ownership of multi-unit aircraft hangar buildings.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement (IGA) that formed
the Northern Colorado Regional Airport Commission, which delegated certain powers and authority to
operate and maintain the Airport. In 2016, the IGA was amended to, in part, provide the Commission with
the authority to enter into leases of real property at the Airport if certain requirements are met. One of
those requirements is the leases must be “in a form generally approved by the City Manager and City
Attorneys for each City.”
In 2022, the Commission approved the Hangar Ground Lease Agreement with IC Loveland, LLC, with an
initial term of 25 years and the option for three additional 5-year extensions. IC Loveland, LLC, then
assigned the Ground Lease to IC Loveland Investors, LLC, with Commission consent. IC Loveland
Investors, LLC , is developing what is known as “Aero FNL,” which is a large hangar project that is currently
under construction. The project will add 23 hangar units with over 77,000 square feet of hangar space to
the Airport. The development occupies approximately 3.67 acres in the southeast area of the Airport.
While the existing lease agreement was approved and executed by the Northern Colorado Regional Airport
Commission using an approved to form lease template, the First Amendment will deviate from that
template. Therefore, Airport staff is presenting the First Amendment to both City Councils for approval.
Page 134
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Project Exhibit:
Traditionally at the Airport, management of multi-unit hangar developments has been done through the
standard form lease that provides for the creation of a condominium association and making each hangar
a condominium unit. That is the structure under the form Ground Lease the Commission approved. IC
Loveland, LLC, the owner of the project, is requesting an amendment to the lease to allow it to sublease
and sell units within their various buildings instead of the condominium structure. This is similar to the
condominium structure but will be done through subleasing and fractionalized ownership of the individual
building entities themselves. IC Loveland, LLC, will continue to retain the master lease and manage the
common areas. Subleases will include and incorporate the requirements of the master lease. This is a
typical structure for operating master developments at other airports. It allows the developer to retain
control over the campus and common areas. An example that is very successful is Centennial InterPort
campus at Centennial Airport.
Airport and legal staff have reviewed the proposed structure and amendment and recommend approval of
the First Amendment.
CITY FINANCIAL IMPACTS
There are no material financial impacts to the Airport or City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At their April 18, 2024, meeting, the Northern Colorado Regional Airport Commission voted 5-0 in favor of
recommending approval of the Amendment by the City Councils.
PUBLIC OUTREACH
The Aero FNL project is in alignment with the 2020 Airport Master Plan, which took more than two years
to complete and included numerous public meetings and significant outreach by the Airport, far exceeding
what is recommended by the Federal Aviation Administration (FAA).
Page 135
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Amended and Restated Hangar Ground Lease Agreement
4. Assignment and Assumption of Lease Agreement
Page 136
Item 14.
-1-
ORDINANCE NO. 071, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE FIRST AMENDMENT TO THE HANGAR
GROUND LEASE AGREEMENT WITH IC LOVELAND, LLC,
FOR THE AERO FNL HANGAR DEVELOPMENT AT THE
NORTHERN COLORADO REGIONAL AIRPORT
A. The City of Fort Colins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property located in Loveland known as the Northern
Colorado Regional Airport.
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport, dated January 22, 2015, as amended (the “IGA”).
C. The Cities are parties to that certain Amended and Restated Hangar
Ground Lease Agreement (“Ground Lease”), dated August 22, 2022, with IC Loveland,
LLC, as lessee, with an initial term of 25 years with the option of three 5-year extensions.
The Ground Lease was approved by the Northern Colorado Regional Airport Commission
pursuant to its authority under the IGA and City Code Section 23-113(3). The Ground
Lease was executed by the Chair of the Airport Commission.
D. IC Loveland, LLC is developing hangars upon the leased premises, which
project is known as the Aero FNL development.
E. IC Loveland, LLC has requested the Ground Lease be amended to remove
the condominium structure for the marketing of individual hangar units and to replace it
with a subleasing structure, which would be a deviation from the standard ground lease
form utilized at the Airport. The proposed First Amendment is attached hereto as Exhibit
“A.”
F. The First Amendment to the Ground Lease was presented to the Airport
Commission at its April 18, 2024, meeting and the Airport Commission voted unanimously
to recommend the City Council and the Loveland City Council approve the First
Amendment.
G. Section 23-113 of the City Code allows the City Council to lease any and all
interests in real property owned in the name of the City if the City Council first finds that
the lease is in the best interests of the City, with such leases being approved by resolution
unless the proposed term of the lease exceeds twenty (20) years, in which event the lease
must be approved by the City Council by ordinance.
H. City Council finds that the amendment of the Ground Lease is in the best
interest of the City and its residents in that it will allow for the marketing of the individual
hangars in a manner suitable for IC Loveland, LLC, which in turn will promote the succ ess
of the development and continued lease revenue for the Airport.
Page 137
Item 14.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The First Amendment to the Amended and Restated Hangar Ground
Lease Agreement with IC Loveland, LLC, attached hereto as Exhibit “A” and incorporated
herein by reference is hereby approved.
Section 2. The Mayor is authorized to execute the First Amendment in
substantially the form as Exhibit “A,” with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interest of the City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Ryan Malarky
Page 138
Item 14.
FIRST AMENDMENT TO HANGAR GROUND LEASE AGREEMENT
(5232, 5240, 5250, 5260, 5270 Stearman Street)
THIS FIRST AMENDMENT TO HANGAR GROUND LEASE AGREEMENT (this
“Amendment”) is entered into as of ____________ ___, 2024 (the “Effective Date”), by and between the
CITY OF LOVELAND, COLORADO AND THE CITY OF FORT COLLINS, COLORADO (the
“Cities”), and IC LOVELAND INVESTORS, LLC, a Colorado limited liability company (“Lessee”).
RECITALS
WHEREAS, the Cities, the Commission, and Lessee (as assignee) are parties to that certain
Amended and Restated Hangar Ground Agreement dated as of August 22, 2022 (the “Original Agreement,”
and as amended hereby, the “Agreement”) whereby Lessee leases from the Cities the parcel of land
consisting of approximately 3.665 acres located at the Northern Colorado Regional Airport (the “Airport”)
described in Exhibit A to the Original Agreement (the “Leased Premises”); and
WHEREAS, the Commission does not have authority under that certain Amended and Restated
Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated
January 22, 2015 due to the substantive changes made in this Amendment to the Original Agreement;
WHEREAS, Lessee has requested the Cities amend the Original Agreement to remove the
condominium structure set forth in the Original Agreement and replace it with a subleasing structure; and
WHEREAS, the Cities and Lessee have agreed to amend certain terms, covenants, and conditions
of the Original Agreement as set forth in this Amendment.
AGREEMENT
In consideration of the following terms and conditions, the Cities and Lessee agree as follows:
1.Capitalized Terms. All capitalized terms contained in this Amendment, unless
specifically defined herein, shall have the meaning ascribed to them in the Original Agreement.
2.Fourth Recital. The fourth Recital of the Original Agreement is hereby deleted in its
entirety and is amended and restated as follows in its entirety to remove reference to a condominium
structure:
WHEREAS, Lessee is a Colorado limited liability company and desires to construct a
hangar building or buildings and other improvements installed or constructed on the Leased
Premises in accordance with the terms and conditions hereof (“Hangars”); and
3.New Recital. After the amended and restated fourth Recital set forth in Section 2 above,
a new Recital is hereby added to Agreement:
WHEREAS, Lessee desires to sublease to tenants (“Tenants”) all or portions of the
Hangars (as defined below) pursuant to subleases for the use or occupancy of such Hangars
(“Tenant Subleases”); and
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Item 14.
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4.Defined Terms. Throughout the Original Agreement, including, but not limited to,
paragraphs 3.1, 5.2, 6.1, 6.3, 6.10, 15.3, and 18.5 of the Original Agreement:
4.1 the term “Condominium Declaration” shall be replaced by the term “Tenant
Subleases;”
4.2 the terms “Condominium Unit” and “Hangar Condominium Unit” shall be
replaced by the term “Hangar;”
4.3 the terms “Unit Owners” and “hangar tenants” shall be replaced by the term
“Tenants;”
4.4 the term “Act”, referring to the Condominium Ownership Act, is hereby deleted;
and
4.5 the term “Condominium Association” is hereby deleted.
5.Use of Leased Premises. The words “operation of a hangar building (the “Hangers”)...”
in the first sentence of paragraph 3.1.1 shall be replaced by the words “operation of Hangars...”
6.Assignment and Subletting. Article 13: Assignment and Sublease of the Original
Agreement is hereby deleted and is amended and restated in its entirety as follows:
ARTICLE 13: ASSIGNMENT AND TENANT SUBLEASES
13.1 Consent to Assignment. The prior written consent of the Cities shall be
required for any assignment or transfer of this Agreement and of the leasehold estate
created hereby, except in connection with a leasehold mortgage. Consent to assignment of
this Agreement may be withheld by the Cities in the event (a) Lessee is in default of any
of the terms or conditions of this Agreement, (b) the assignee or transferee (the “Assignee”)
does not deliver to the Cities its written agreement to be bound by all of the provisions of
this Agreement in a form satisfactory to the Cities, or (c) the Assignee does not submit
proof of insurance as required in Articles 8 and 9. Consent to assignment shall not
otherwise be unreasonably withheld. Upon the granting of written consent by the Cities
and assignment of this Agreement, Lessee shall be released by the Cities from its
obligations under this Agreement.
13.2.2 Conditions of Assignment. Each assignment of this Agreement shall,
among other terms, conditions, and restrictions, require the Assignee to comply with all
terms and conditions of this Agreement. Lessee and any Assignee shall be jointly and
severally responsible for compliance with the terms and conditions of this Agreement;
provided, that, notwithstanding the foregoing, or any other provision of this Agreement to
the contrary (including by way of example and not in limitation, the provisions of Articles
9, 18, and 21), the person above identified as Lessee (“Initial Lessee”) shall not be
responsible for noncompliance of any Assignee, and Initial Lessee’s obligations under this
Agreement shall terminate at such time that Initial Lessee (i) assigns this Agreement to an
Assignee and the consent of the Cities is obtained pursuant to paragraph 13.1, or (ii) holds
no ownership interest in any Hangar, whichever event first occurs (“Initial Lessee
Termination”) and all obligations of Lessee under this Agreement shall thereupon be the
responsibility of the Assignee of this Agreement. Following Initial Lessee Termination,
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Item 14.
3
except as the context otherwise indicates, the Assignee of this Agreement shall exercise
the rights and fulfill the responsibilities of Lessee hereunder as Lessee.
13.3 Tenant Subleases.
13.3.1 Other than in the manner set forth in in this Article 13, Lessee
shall not subdivide, sublease, or fractionalize either its ownership of the
Improvements or leasehold interest in the Leased Premises.
13.3.2 Lessee shall have the right and obligation to construct
Improvements and sublease Hangars on the Leased Premises in accordance with
applicable law, without the prior consent of the Cities, except that Lessee shall not
have the right to subdivide, sublease or fractionalize either its ownership of the
Improvements or its interest in the Leased Premises, except in accordance with a
map of the Leased Premises previously approved by the Cities. By way of
clarification, and not by limitation, the restrictions on assignment contained in
paragraph 13.1 shall not apply to subleasing by Lessee of an individual Hangar to
a Tenant pursuant to a Tenant Sublease that is in compliance with the terms and
conditions of this Agreement.
13.3.3 Any such Tenant Sublease shall be subject and subordinate to this
Agreement. Lessee shall cause any future Tenant Sublease, entered into by Lessee
or any Tenant of Lessee, to contain provisions substantially similar to the following
provision:
If at any time during the term of this lease the leasehold estate of
lessor shall terminate or be terminated for any reason, lessee agrees, at
the election and upon demand of any owner or overlessor of the Leased
Premises or Improvements, or of any mortgagee in possession thereof, or
of any holder of a leasehold now or hereafter affecting premises which
include the Leased Premises, to attorn, from time to time, to any such
owner, overlessor, mortgagee, or holder, upon the terms and conditions
set forth herein for the remainder of the term demised in this lease. The
foregoing provisions shall inure to the benefit of any such owner,
overlessor, mortgagee, or holder, and shall apply to the tenancy of the
lessee notwithstanding that this lease may terminate upon the termination
of any such leasehold estate and shall be self-operative upon any such
demand, without requiring any further instrument to give effect to said
provisions. Lessee, however, upon demand of any such owner,
overlessor, mortgagee, or holder, agrees to execute, from time to time, an
instrument in confirmation of the foregoing, in which lessee shall
acknowledge such attornment and shall set forth the terms and conditions
of its tenancy, which shall be the same as those set forth herein and shall
apply for the remainder of the term originally demised in this lease.
Nothing contained in this Section shall be construed to impair any right,
privilege or option of any such owner, overlessor, mortgagee, or holder.
13.3.3 Upon the sublease or the assignment of a Tenant Sublease of any
Hangar, Lessor or Tenant (as applicable) shall provide the Cities with notification
of the Tenant Sublease, providing the Cities with the name, address, and other
EXHIBIT A TO ORDINANCE NO. 071, 2024
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Item 14.
4
contact information for the Tenant and a description of the aircraft to be regularly
stored in such Hangar.
13.3.4 At all times during the term of this Agreement, the Tenant
Subleases shall provide the following: the date on which this Agreement is
scheduled to expire; a legal description of the Leased Premises; a statement that
the Tenants have no right to redeem any reversion in the Leased Premises or this
Agreement; a statement that Tenants have no right to remove any Improvements
on the Leased Premises, including at or after termination of this Agreement; and a
statement that Tenants have no right to renew this Agreement at or after
termination, other than the contingent right of Lessee to do so under paragraph 1.3
above.
13.3.5 The Tenant Subleases shall require that with respect to Hangars
and the Tenant’s use thereof, and activities of Tenants on the Airport, each Tenant
shall comply with applicable terms of this Agreement and shall take no action
which is in violation of any term or condition of an applicable term of this
Agreement. The Tenant Subleases shall provide that any act or omission of a
Tenant which is contrary to or violates an applicable term of this Agreement, or
of any Airport rule or regulation, shall be a violation of the terms of the Tenant
Sublease, and shall contain adequate provisions for Lessee’s enforcement of such
requirements. Before or at the closing of any sublease or assignment of a Tenant
Sublease with respect to a Hangar, the prospective Tenant of the Hangar shall be
required to sign and deliver to the Cities, on a form acceptable to the Cities, a
declaration providing the prospective Tenant’s name, address and contact
information, and acknowledging that such prospective Tenant has been provided
with a copy of this Agreement and the Tenant Sublease, has read this paragraph
13.3, and understands the prospective Tenant’s obligations to comply with the
applicable terms of this Agreement.
7. Requirements for Condominiumization. Article 31 of the Original Agreement is hereby
deleted in its entirety.
8. Notice Address of Lessee. Paragraph 23.2 of the Original Agreement is hereby amended
to provide that all notices to Lessee shall be addressed as follows:
IC Loveland Investors, LLC
8084 S Wallace Ct. Ste A
Englewood, CO 80112
Gary.roffe@cypress16.com
9. Counterparts/Electronic Signatures. This Amendment may be executed in multiple
counterparts, each of which shall be effective upon delivery and, thereafter, shall be deemed to be an
original, and all of which shall be taken as one and the same instrument with the same effect as if each party
had signed on the same signature page. This Amendment may be transmitted by DocuSign or by electronic
mail in portable document format (“pdf”) and signatures appearing on DocuSigned and/or electronic mail
instruments shall be treated as original signatures.
10. Interpretation of Amendment. In the event of any conflict between the Original
Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly amended,
EXHIBIT A TO ORDINANCE NO. 071, 2024
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Item 14.
5
supplemented, or modified by this Amendment, the Agreement shall continue in full force and effect with
respect to the Premises, as amended hereby.
11.Binding Effect. This Amendment shall bind and inure to the benefit of the parties hereto
and their respective successors and assigns.
12.Submission. Submission of this Amendment by the Cities to Lessee for examination
and/or execution shall not in any manner bind the Cities and no obligations on the Cities shall arise under
this Amendment unless and until this Amendment is fully signed and delivered by the Cities and Lessee.
13.Modification. A modification of any provision herein contained, or any other amendment
to this Amendment, shall be effective only if the modification or amendment is in writing and signed by
both the Cities and Lessee.
14.No Third Party Beneficiaries. Except as otherwise provided herein, no person or entity
shall be deemed to be a third party beneficiary hereof, and nothing in this Amendment (either expressed or
implied) is intended to confer upon any person or entity, other than the Cities and/or Lessee (and their
respective nominees, successors and assigns), any rights, remedies, obligations, or liabilities under or by
reason of this Amendment.
15.Construction. This Amendment shall not be construed as if it had been prepared by only
the Cities or Lessee, but rather as if both the Cities and Lessee had prepared the same.
[Remainder of page left blank; signature page follows.]
EXHIBIT A TO ORDINANCE NO. 071, 2024
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Item 14.
6
IN WITNESS WHEREOF, the Cities and Lessee have caused this Amendment to be executed as of the
Effective Date set forth above.
IC LOVELAND INVESTORS, LLC,
a Colorado limited liability company
By:
Name:
Title:
Date:
CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Title:
ATTEST:
Date By: __________________
Title: ________________
APPROVE AS TO FORM:
Assistant City Attorney
CITY OF LOVELAND, COLORADO
A Municipal Corporation
By:
Title:
ATTEST:
City Clerk
Date
APPROVE AS TO FORM:
Acting Deputy City Attorney
EXHIBIT A TO ORDINANCE NO. 071, 2024
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Item 14.
AMENDED AND RESTATED
HANGAR GROUND LEASE AGREEMENT
5232, 5240, 5250, 5260, 5270 STEARMAN STREET
CITIES OF LOVELAND AND FORT COLLINS, COLORADO,
acting by and through the
NORTHERN COLORADO REGIONAL AIRPORT COMMISSION
AND
IC LOVELAND, LLC
DATED
AUGUST 22, 2022
Page 145
Item 14.
TABLE OF CONTENTS
ARTICLE 1: TERM, OPTIONS AND RIGHT OF FIRST REFUSAL ....................................................................... 1
ARTICLE 2: LEASED PREMISES ............................................................................................................................. 2
ARTICLE 3: USE OF LEASED PREMISES .............................................................................................................. 2
ARTICLE 4: RENT ...................................................................................................................................................... 3
ARTICLE 5: ACCEPTANCE, CARE, MAINTENANCE, IMPROVEMENTS AND REPAIR ................................ 5
ARTICLE 6: ADDITIONAL OBLIGATIONS OF LESSEE ....................................................................................... 6
ARTICLE 7: INGRESS AND EGRESS ...................................................................................................................... 8
ARTICLE 8: INSURANCE, DAMAGE OR DESTRUCTION ................................................................................... 8
ARTICLE 9: LIABILITIES AND INDEMNITIES ..................................................................................................... 9
ARTICLE 10: LEASEHOLD MORTGAGES ........................................................................................................... 10
ARTICLE 11: RULES AND REGULATIONS ......................................................................................................... 12
ARTICLE 12: SIGNS ................................................................................................................................................. 12
ARTICLE 13: ASSIGNMENT AND SUBLEASE .................................................................................................... 12
ARTICLE 14: CONDEMNATION ............................................................................................................................ 13
ARTICLE 15: NON-DISCRIMINATION ................................................................................................................. 14
ARTICLE 16: GOVERNMENTAL REQUIREMENTS ........................................................................................... 15
ARTICLE 17: RIGHT OF ENTRY RESERVED ...................................................................................................... 15
ARTICLE 18: TERMINATION ................................................................................................................................. 16
ARTICLE 19: SURRENDER AND RIGHT OF RE-ENTRY ................................................................................... 18
ARTICLE 20: SERVICES TO LESSEE .................................................................................................................... 18
ARTICLE 20: SURVIVAL OF THE OBLIGATIONS OF THE LESSEE ................................................................ 19
ARTICLE 22: USE SUBSEQUENT TO CANCELLATION OR TERMINATION ................................................. 19
ARTICLE 23: NOTICES ........................................................................................................................................... 19
ARTICLE 24: INVALID PROVISIONS ................................................................................................................... 20
ARTICLE 25: MISCELLANEOUS PROVISIONS ................................................................................................... 20
ARTICLE 26: SUBORDINATION OF CLAUSES ................................................................................................... 22
ARTICLE 27: QUIET ENJOYMENT ....................................................................................................................... 23
ARTICLE 28: ENTIRE AGREEMENT ..................................................................................................................... 23
ARTICLE 29: CITIES’ OPTION TO PURCHASE AND INTEREST IN IMPROVEMENTS ................................ 23
ARTICLE 30: RIGHT OF FIRST REFUSAL............................................................................................................ 24
ARTICLE 31: REQUIREMENTs OF DECLARATION ........................................................................................... 25
EXHIBIT A, Description of Leased Premises
EXHIBIT B, Concept Plan
EXHIBIT C, Repayment Plan
Page 146
Item 14.
Form approved by FC and LV
LEASE AGREEMENT
THIS AMENDED AND RESTATED HANGAR GROUND LEASE AGREEMENT, made
and entered into this 22nd day of August, 2022, is by and between the Cities of Fort Collins and Loveland,
Colorado (the “Cities”) acting by and through the Northern Colorado Regional Airport Commission (the
“Commission”) and IC Loveland, LLC, a Colorado limited liability company, hereinafter called "Lessee."
WITNESSETH:
WHEREAS, the Cities own and operate an airport known as the Northern Colorado Regional
Airport located in Larimer County, Colorado, including the real property upon which the same is located,
(hereinafter, the "Airport"); and
WHEREAS, the Cities and Lessee are mutually desirous of entering into this Lease Agreement
(the "Agreement") for the use and occupancy of certain areas at the Airport; and
WHEREAS, the Cities desire to accommodate, promote and enhance general aviation at the
Airport and Lessee desires to be assured of the Airport's continued availability as a base for aircraft; and
WHEREAS, Lessee is a Colorado limited liability company, which intends to be a Declarant of a
condominium declaration creating a leasehold condominium ownership pursuant to the Condominium
Ownership Act, C.R.S. § 38-33-101, et seq. (the “Act”), and desires to construct leasehold hangar
condominiums on the Leasehold Premises, for ownership by individual Unit Owners as defined in such Act
(the “Unit Owners”); and
WHEREAS, the Cities and Lessee have reached an understanding in principle, which envisions
Lessee's maintenance of an existing hangar building or buildings, without cost to the Cities; and
WHEREAS, the Lessee recently received assignment of and assumed the existing lease originally
entered into between the Cities and Homestead Hangars, LLC on October 1, 2019 (the “Original Lease”).
The Lessee desires to bring the Original Lease into good standing through repayment of outstanding rent
in addition to complying with all other terms and conditions of the Original Lease; and
WHEREAS, since 2019, the Cities’ standard lease form has had minor modifications which are
incorporated herein, primarily to address the Airport’s Land Use and Design Standards which were adopted
after execution of the Original Lease; and
WHEREAS, the parties desire to enter into this Amended and Restated Hangar Ground Lease to
set forth their rights and obligations herein.
NOW, THEREFORE, in consideration of the premises and of the rents, covenants and conditions
herein contained, the Cities do hereby lease to Lessee the area(s) of the Airport described in Article 2 hereof
(the "Leased Premises") on to the conditions set forth below.
ARTICLE 1: TERM; OPTIONS; RIGHT OF FIRST REFUSAL
1.1 The initial term of this Agreement shall commence at 12:01 a.m. on September 1, 2022,
and expire at 11:59 p.m. on August 30, 2047, a duration of twenty-five (25) years, hereinafter the “Initial
Term,” unless sooner terminated in accordance with the provisions hereof.
1.2 Subject to the conditions set forth herein, Lessee shall have the option to extend the term
of this Agreement for three (3) additional periods of five (5) years each, hereinafter the "Extended
Term(s)," provided Lessee is not in default in the payment of any rent or in default in any other provisions
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Item 14.
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of this Agreement at the time of its exercise of any such option. Lessee may exercise each option by giving
written notice to the Cities not more than eighteen (18) months, nor less than six (6) months prior to the
expiration of the Initial Term or the then-current Extended Term, of Lessee’s intent to exercise its option to
extend. With the exception of rentals due, as set forth in Section 4.1, the terms and conditions applicable
during the Initial Term of this Agreement shall remain applicable during any Extended Term. The rent
escalation shall continue throughout the Initial Term and any Extended Term as provided in Article 4.
1.3 If Lessee desires to continue occupying the Leased Premises after the expiration of all three
(3) Extended Terms, Lessee may request in writing that the Cities grant a new lease agreement. Such a
request shall be made by Lessee in writing and delivered to the Cities not later than one hundred twenty
(120) days prior to the expiration of the last Extended Term. If: (i) if Lessee is not then in default under
any provision of this Agreement; and (ii) the Cities in their discretion wish to offer to lease the Leased
Premises to hangar tenants or an association of hangar tenants; and (iii) such a new lease would be
consistent with the Airport’s master plan then in effect and any and all federal rules, regulations, directives,
guidelines or other obligations with respect to Airport, including but not limited to the “grant assurances”
to the FAA ; then the Cities may, in their sole discretion, offer Lessee a new lease of the Leased Premises,
under such terms and conditions as the Cities deem appropriate, including rental rates to include an
assessment of fair market value of the property including the improvements thereon, and duration of the
lease term and on the then-current lease form being offered by the Cities.
ARTICLE 2: LEASED PREMISES
2.1 The Leased Premises consist of the parcel of land described in Exhibit "A". Without
limiting the foregoing, the Cities acknowledge that the Hangars (as defined below) to be constructed upon
the leased premises shall, during the term of this Agreement, be and remain the property of Lessee or any
successor in interest.
ARTICLE 3: USE OF LEASED PREMISES
3.1 Lessee and its Unit Owners shall use and occupy the Leased Premises for the following
purposes and for no other purpose whatsoever unless approved in writing by Cities:
3.1.1 For the construction, installation, maintenance and operation of a hangar building
(the “Hangars”) to be used for the parking, storage, servicing, repair, maintenance, modification,
and construction of aircraft owned or operated by Lessee or its Unit Owners. Lessee’s construction,
installation, maintenance and operation of the Hangars shall comply with and be subject to the
requirements of the Airport Minimum Standards, including the Airport Land Use and Design
Standards incorporated therein. Lessee’s use of the Leased Premises, including use for storage of
aircraft owned by Unaffiliated Entities, shall be of a non-commercial nature, unless a commercial
use is approved by the Cities by a separate written License. The foregoing shall not preclude the
subleasing of space within individual Hangar buildings to Unaffiliated Entities, so long as a License
is obtained if required by the Airport’s Minimum Standards then in effect. Any such License shall
require compliance with Minimum Standards for the Provision of Commercial Aeronautical
Activities at the Airport (the “Minimum Standards”), as they then exist or are thereafter adopted or
amended by the Cities. Any such commercial use must also be consistent with the City of
Loveland, Colorado, building, use and zoning regulations and requirements applicable to the
Leased Premises. Lessee shall include in its Condominium Declaration governing use and
operation of the Leased Premises, a provision that all Unit Owners shall cause such aircraft based
at the Leased Premises to comply with noise standards established under Part 36 of Title 14 of the
Code of Federal Regulations, ("FAR 36") as amended from time to time. The Leased Premises
shall not be used for residential purposes.
3.1.2 A copy of a Concept Plan for the development of the Hangars is attached as
Exhibit “B” (the “Concept Plan”). The Cities make no representations, guarantees, or warranties
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Item 14.
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that the Leased Premises may be lawfully used for the purposes set forth in this Section 3.1. Lessee
shall have the sole responsibility of obtaining all applicable permits or other governmental
approvals necessary to construct and use the Leased Premises as intended herein. This Agreement
is expressly conditioned upon Lessee obtaining all such permits and approvals, and the failure of
Lessee to obtain any such permits or approvals within eighteen (18) months of the commencement
date set forth in Section 1.1 or the failure of Lessee to maintain any such permits or approvals
during the term of this Agreement shall result in termination of this Agreement pursuant to Article
18, generally, and to Section 18.9 specifically.
3.1.3 During the term of this Agreement, Lessee and/or its Unit Owners must regularly
house at least one airworthy aircraft or at least one aircraft that periodically may be in active stages
of assembly or reassembly in each Hangar, use each Hangar for the primary purpose of aircraft
storage, and each Hangar shall be used for Aeronautical Activities only, unless the prior written
permission of the Cities is first obtained. The term “Aeronautical Activities” shall mean any
activity or service that involves, makes possible, facilitates, is related to, assists in, or is required
for the operation of aircraft, or which contributes to or is required for the safety of aircraft
operations.
ARTICLE 4: RENT
4.1 Lessee agrees to pay to the Cities during the Initial Term an annual rent of $0.3227731 per
square foot for the 159,648 square feet of the Leased Premises, including the building footprint, ramp, and
area surrounding the building footprint, as set forth in Exhibit A, for a total of $51,530.08 per year, subject to
adjustment pursuant to Section 4.2. If Lessee exercises any option to extend the term of this Agreement under
Section 1.2, annual rent per square foot for the first year of such Extended Term shall be the greater of (a) the
rent determined under Section 4.2, as if the Initial Term had continued throughout such Extended Term, or
(b) the then current market rates for hangar ground leases at comparable airports in the Front Range area,
which shall be deemed to include the Denver Metro Area north through Cheyenne. Cities and Lessee agree to
use their best efforts to agree on then current market rates, and execute a Lease Extension Agreement, within
ninety (90) days after Lessee’s written notice of election is received by the Cities. If the Cities and Lessee
cannot agree upon the rental rates, the parties agree to submit to mediation before the Judicial Arbiter Group
of Denver, Colorado, or if it no longer exists a similar organization, to determine the rent to be paid by Lessee
for the first year of the ensuing Extended Term; provided, however, that such rent shall never be lower than
the rental which e due by application of subsection (a), above. The parties will each pay fifty percent (50%)
of the mediator cost.
4.2 Commencing on May 1st next occurring after the date of this Agreement, and on May 1st
in each year thereafter during the remainder of the Initial Term, the annual rent shall be adjusted by
multiplying the annual rent payable in the next preceding year by a fraction, the numerator of which shall
be the C.P.I., as hereinafter defined, published for the previous month of December and the denominator of
which shall be the C.P.I. published for the month of December which preceded the month used as the
numerator. In no event shall the annual rent be reduced from that payable in a previous year. If this
Agreement is executed after January 1st, such C.P.I. increase for the calendar year in which this Agreement
is executed shall be prorated. If Lessee elects to exercise its option for any Extended Term, and accordingly,
the rental for the first year of such Extended Term has been set on the basis of current market rates, then
rental for any subsequent year of such Extended Term shall be adjusted in accordance with the C.P.I formula
set forth in this section above.
4.2.1 The term "C.P.I." as used herein shall mean the Consumer Price Index for all Urban
Consumers (CPI_U), All items, for the Denver-Boulder-Greeley, CO as published by the Bureau
of Labor Statistics of the United States Department of Labor, 1982-84 base = 100. In the event the
base year is changed, the C.P.I. shall be converted to the equivalent of the base year 1982-84 = 100.
In the event the Bureau of Labor Statistics ceases to publish the C.P.I., or this index, an equivalent
or comparable economic index will be used.
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Item 14.
4
4.3 The annual rent payable hereunder may be paid in advance in annual installments, or shall
be paid in equal monthly installments on the first day of each month in advance at the office of the Airport
Manager or at such other office as may be directed in writing by the Cities. Payments due to the Cities
under this Agreement shall be paid without offset. In addition to any other remedies provided in this
Agreement, in the event that any rental, fee or charge set forth in this Agreement is not paid to the Cities
within ten days of the date due, Lessee agrees to pay a late charge of $50.00 for each such late payment,
and default interest shall accrue on such payment from the date the payment was due, at a rate of twelve
percent (12%) per annum. If any action is brought to collect any amounts due under this Agreement, the
prevailing party shall be entitled to recover its reasonable attorney fees and costs incurred.
4.4 Lessee, as additional rent, shall complete construction of Hangars and related
Improvements on the Leased Premises, in accordance with plans and specifications approved by the Cities
based upon the Concept Plan. The Hangars shall, collectively, be at least a total of 76,856 square feet in
size and shall have a concrete or asphalt floor, with each Hangar to have at least one aircraft access door
sized to accommodate an average private aircraft. Lessee shall use commercially reasonable and diligent
efforts to complete construction of the Hangars and other such Improvements within the earlier of eighteen
(18) months of the Cities’ approval thereof or within three years from the date of this Agreement. If Lessee
fails to construct the Hangars and other such Improvements in accordance with the provisions of this
section, and such failure to construct is caused by force majeure or improper action of the Cities, then this
Agreement may be cancelled by Lessee upon thirty (30) days notice to the Cities, in which event and as of
the date of such cancellation, Lessee shall be released from any further obligations under this Agreement.
4.5 Lessee, shall maintain a paved aircraft ramp area on the Leased Premises (the “Ramp”).
The Ramp must be designed and built to specifications, and for a minimum weight bearing capacity,
established by the Cities, and to connect with adjacent taxiway, ramp and/or auto parking areas, in order
that a continuous and safe pavement section results. It is the responsibility of Lessee to maintain the entire
Ramp area, and all other pavement areas on the Leased Premises, in a manner, which is safe and clean of
debris so as not to cause danger or unsafe conditions for taxiing aircraft and Airport users. Notwithstanding
the foregoing, the Cities shall be responsible for snow removal on the aircraft Ramp area excluding any
parking and side lots and excluding any area within three feet (3’) of any Hangar; provided, however, that
priority of snow removal shall be in accordance with the Cities’ Snow Removal Plan as it now exists or as
it may be amended in the Cities’ sole discretion. Lessee grants to users of the Airport the right to use
aircraft Ramp areas on the Leased Premises from time to time for passage of aircraft on and near the adjacent
taxiway.
4.6 Subject to the provisions of Article 10, Lessee shall keep the Leased Premises, and the
Hangar, Ramp and any and all structures constructed by Lessee on the Leased Premises (collectively, the
“Improvements” hereinafter), free and clear of any liens and encumbrances, except as contemplated by
Article 10, or unless expressly approved in writing by the Cities, and shall indemnify, hold harmless and
defend the Cities from any liens and encumbrances arising out of any work performed or materials furnished
by or at the direction of Lessee. In the event any lien is filed, Lessee shall do all acts necessary to discharge
any lien within ten (10) days of filing, or if Lessee desires to contest any lien, then Lessee shall deposit with
the Cities such security as the Cities shall reasonably demand to insure the payment of the lien claim. In
the event Lessee fails to pay any lien claim when due or fails to deposit the security with the Cities, then
the Cities shall have the right to expend all sums necessary to discharge the lien claim, and Lessee shall pay
the Cities, as additional rental when the next rental payment is due, all sums expended by the Cities in
discharging any lien, including reasonable attorneys’ fees and costs, and interest at twelve percent (12%)
on the sums expended by the Cities from the date of expenditure to the date of payment by Lessee.
4.7 Lessee agrees to comply with Minimum Standards adopted by the Cities for the Airport,
as they now exist or as they may hereafter be adopted or amended. Fees due under such Minimum Standards
or pursuant to any License issued for commercial activities conducted in whole or part on the Leased
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Premises, may be collected by the Cities as additional rent under this Agreement, in addition to any other
remedies available to the Cities.
4.8 Lessee acknowledges and agrees that there is past due rent owed under the Lease from the
original lessee in the amount of $114,307.51. Lessee and the Cities agree that Lessee shall repay such past
due rent in addition to the other rent owed under this Lease with a fixed interest rate of 5.5% in twenty-
eight monthly installments of $4,321.17 due on the first of each month beginning with the month this Lease
commences, with the balance to be paid in full by December 1, 2024. The full repayment plan schedule is
attached as “Exhibit C.” Failure to make any payment as due under this Paragraph 4.8 shall be considered
an event of default on the payment of rents under this Lease.
ARTICLE 5: ACCEPTANCE, CARE, MAINTENANCE, IMPROVEMENTS AND REPAIR
5.1 Lessee acknowledges that it has inspected the Leased Premises, conducted such studies
and tests thereof (including environmental tests) as it deems necessary, and accepts possession of the Leased
Premises "as is" in its present condition, and, subject to all limitations imposed upon the use thereof by the
rules and regulations of the Federal Aviation Administration, the rules and regulations of the Airport, and
by ordinances of the Cities, admits its suitableness and sufficiency for the uses permitted hereunder. The
Cities represent to Lessee that, to their knowledge, the Leased Premises are free of any adverse
environmental conditions and no part of the Leased Premises lies in a flood hazard area or constitutes a
fresh water wetland, nor is any part of the Leased Premises within one hundred feet (100’) feet of a fresh
water wetland. Except as may otherwise be provided for herein, the Cities shall not be required to maintain
nor to make any improvements, repairs or restoration upon or to the Leased Premises or to any of the
improvements presently located thereon or placed thereon by Lessee.
5.2 Except as provided in Section 4.5, Lessee shall, throughout the term of this Agreement,
assume the entire responsibility, cost and expense, for all repair and maintenance whatsoever on the Leased
Premises and all Improvements thereon in a good workmanlike manner, whether such repair or maintenance
be ordinary or extraordinary, structural or otherwise. Additionally, Lessee, without limiting the generality
hereof, shall:
5.2.1 Keep at all times, in a clean and orderly condition and appearance, the Leased
Premises, all Improvements thereon and all of Lessee's and/or its Unit Owners’ fixtures, equipment
and personal property which are located on any part of the Leased Premises. Lessee and its Unit
Owners shall not park or leave, or allow to be parked, aircraft on the taxiways, ramps or pavement
adjacent to any Hangar in a manner which unduly interferes with or obstructs access to other
hangars or movement on adjacent taxiways.
5.2.2 Provide and maintain on the Leased Premises all obstruction lights and similar
devices, and safety equipment required by law.
5.2.3 Take measures to prevent erosion, including but not limited to, the planting and
replanting of grasses with respect to all portions of the Leased Premises not paved or built upon, if
any, and in particular shall plant, maintain and replant any landscaped areas.
5.2.4 Be responsible for the maintenance and repair of all utility services lines placed on
the Leased Premises and used by Lessee exclusively, including, but not limited to, water lines, gas
lines, electrical power and telephone conduits and lines, sanitary sewers and storm sewers.
5.2.5 In the event Lessee discovers any hazardous material on the Leased Premises, it
will promptly notify the Cities in writing.
5.2.6 If extraordinary repairs or maintenance to the Improvements are required during
the last five years of the Initial Term or any Extended Term of this Agreement, Lessee may elect
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not to repair and/or maintain the Improvements, by giving the Cities written notice of its election.
In such case, Cities shall have the option of requiring Lessee to either (a) clear the site, remove all
debris and paving, stub up all utilities, and restore the site to its original cleared condition prior to
commencement of construction; or (b) transfer title to the Improvements to the Cities, as is. Upon
Lessee's election and compliance with this section, the Cities shall terminate this Agreement and
relieve Lessee of all future rental obligations hereunder.
5.3 Plans and specifications for each of the Improvements and all repairs (other than
emergency repairs), construction, alterations, modifications, additions or replacements to the
Improvements, including those made to any paving upon the Leased Premises, excluding non-structural
repairs, construction, alterations, modifications, additions or replacements costing less than ten thousand
dollars ($10,000.00) shall be submitted to the Cities for approval, which approval shall not be unreasonably
denied, providing the plans and specifications comply with the provisions of this Agreement, the Airport
Land Use and Design Standards, as well as all applicable building, use and zoning regulations. Submittal
of the above described Plans and Specifications shall also include a site plan, drainage plan, and building
plan for the initial project development. The site plan shall show the location of all Improvements on the
Leased Premises, including the Hangars, pavements, utilities and location of the Hangars on the site. The
drainage plan must show how drainage will be handled and be approved by the Airport Manager prior to a
building permit being issued by the City of Loveland. Lessee shall reimburse the Cities for all costs incurred
for providing a legal survey and legal description of the Leased Premises and for a proportional share of
any costs to bring road access and utilities to the Leased Premises, should the Cities agree to do so. Prior
to the commencement of any construction of the Improvements Lessee shall have the Leased Premises
staked by a certified surveying company to ensure all Improvements are place accurately on the Leased
Premises. Within ninety (90) days of the certificate of occupancy being received, Lessee shall submit to
the Airport Manager a full set of as-built record drawings of the Improvements, which among other things,
depicts exact locations of all Improvements, including utilities, made on and/or off of the Leased Premises.
ARTICLE 6: ADDITIONAL OBLIGATIONS OF LESSEE
6.1 Lessee shall conduct its operations hereunder and cause each of its Unit Owners to conduct
their operations in an orderly and proper manner, considering the nature of such operations, so as not to
unreasonably annoy, disturb, endanger or be offensive to others.
6.2 Further, Lessee shall take all reasonable measures:
6.2.1 To reduce to a practicable minimum vibrations tending to damage any equipment,
structure, buildings or portions of buildings.
6.2.2 Not to produce or allow to be produced on the Airport through the operation of
machinery or equipment any electrical, electronic or other disturbances that interfere with the
operation by the Cities or the Federal Aviation Administration of air navigational, communication
or flight equipment on the Airport or on aircraft using the Airport, or with ground transportation
communications.
6.3 Lessee shall comply and shall include covenants in its Condominium Declaration that
require Unit Owners to comply with all federal, state and municipal laws, ordinances, rules, regulations and
requirements, the Airport Minimum Standards, Airport security rules and regulations, and other Airport
rules and regulations, as they now exist or may hereafter be amended or promulgated, and the terms of this
Agreement, applicable to the Leased Premises and the Improvements thereon and its operations and
activities at the Airport hereunder.
6.4 Lessee and its Unit Owners shall commit no nuisance, waste or injury on the Leased
Premises, and shall not do, or permit to be done, anything that may result in the creation, commission or
maintenance of such nuisance, waste or injury on the Leased Premises.
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6.5 Lessee and its Unit Owners shall not do, nor permit to be done, anything which may
interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protection
system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located on the Leased
Premises.
6.6 Lessee shall take measures and shall include covenants in its Condominium Declaration
that require Unit Owners to take measures to ensure security in compliance with Federal Aviation
Administration Regulations and the Airport Security Plan, as they now exist or may hereafter be amended
or promulgated.
6.7 Lessee and its Unit Owners shall not do, nor permit to be done, any act or thing which will
invalidate or conflict with any fire insurance policies or regulations applicable to the Leased Premises or
any part thereof; or other contiguous premises at the Airport.
6.8 Lessee and its Unit Owners shall not install, maintain, operate or permit the installation,
maintenance or operation of any restaurant, kitchen, stand or other establishment of any type for the sale of
food or of any vending machines or device designed to dispense or sell merchandise or services of any kind
to the general public, unless all required development approvals and permits for that activity are first
obtained from the Cities.
6.9 Except for uses permitted under Article 3 to be performed by Lessee, or Unit Owners or
their tenants, Lessee and its Unit Owners shall not provide or allow to be provided aircraft maintenance
work, flight instruction of any sort, air taxi, aircraft charter or aircraft leasing of any sort on the Leased
Premises, for commercial purposes, without all required development approvals, and a License from the
Cities if and as required by the Airport’s Minimum Standards then in effect.
6.10 Lessee will conduct its operations, and shall include covenants in its Condominium
Declaration that require each of its Unit Owners to conduct their operations, in such a manner as to keep
the noise produced by aircraft engines and component parts thereof, and any other noise, to a minimum, by
such methods as are practicable, considering the extent and type of the operations of Lessee and/or its Unit
Owners, and the limitations of federal law. In addition, Lessee and its Unit Owners will employ the
maximum amount of noise arresting and noise reducing devices that are available and economically
practicable, considering the extent of their operations, but in no event less than those devices required by
federal, state or local law. In its use of the Leased Premises, Lessee and its Unit Owners shall take all
possible care, exercise caution and use commercially reasonable efforts to minimize prop or jet blast
interference and prevent jet blast damage to aircraft operating on taxiways and to buildings, structures and
roadways, now located on or which in the future may be located on areas adjacent to the Leased Premises.
In the event the Cities determine that Lessee or any of its Unit Owners has not curbed the prop or jet blast
interference and/or damage, Lessee hereby covenants and agrees to erect and maintain at its own expense
or to cause the Unit Owners or Condominium Association to erect and maintain at their expense such
structure or structures as may be necessary to prevent prop or jet blast interference, subject, however, to the
prior written approval of the Cities as to type, manner and method of construction.
6.11 Lessee shall not store nor permit the storage of disabled aircraft or any equipment or
materials outside of the Hangars constructed on the Leased Premises, without the written approval of the
Cities.
6.12 On forms and at the frequency prescribed by the Airport Manager, and with respect to each
aircraft stored on the Leased Premises, Lessee shall provide the Cities with the (a) make and model, (b) N-
number, and (3) identity and address of the registered owner. This requirement shall apply to aircraft
whether owned by Lessee or another party, and regardless of whether its storage is subject to the Minimum
Standards.
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ARTICLE 7: INGRESS AND EGRESS
7.1 Lessee and its Unit Owners shall have the right of ingress and egress between the Leased
Premises and the public landing areas at the Airport by means of connecting taxiways; and between the
Leased Premises and the entrance(s) to the Airport by means of connecting paved roads. Lessee and its
Unit Owners shall have the right to use the public runways and public aviation aids at all times during which
they are open to the public. Such rights of ingress, egress and use shall be in common with others having
rights of use and passage thereon.
7.1.1 If, at the time of entering into this Agreement, access to the Leased Premises is not
available on existing taxiways and/or roadways, then such taxiways and/or roadways necessary for
Lessee’s use and occupancy shall be constructed at the sole expense of Lessee, in accordance with
construction specifications and design criteria approved by the Cities for the uses contemplated by
Lessee. The Cities shall have no obligation whatsoever for the cost of these improvements. Upon
completion of construction, Lessee shall certify that the taxiways and/or roadways so constructed
have been built to such specifications and criteria, and those portions of any such taxiways and/or
roads located off the Leased Premises shall be conveyed and dedicated to the Cities, which shall
accept them for maintenance. Upon such conveyance and dedication, Lessee shall warrant that the
same shall be free of defects in materials and workmanship for a period of not less than two (2)
years after the date of such conveyance and dedication. Such warranty shall be backed by a
warranty bond or another form of security instrument, satisfactory to the Cities in their sole
discretion, in the amount of not less than fifteen-percent (15%) of the construction cost of the
improvements warranted.
7.2 The use of any such roadways or taxiways shall be subject to the Rules and Regulations of
the Airport, which are now in effect or which may hereafter be promulgated, and subject to temporary
closure, provided, however, that any closure shall be only for reasonably necessary or unique
circumstances, and provided that fourteen (14) days prior written notice will be given to Lessee relevant to
any closure, unless such closure is necessary due to emergency. Lessee, for itself and its authorized
subtenants, hereby releases and discharges the Cities, the Commission, their officers, employees and agents,
and all their respective successors and assigns, of and from any and all claims, demands, or causes of action
which Lessee or its authorized subtenants may now or at any time hereafter have against any of the
foregoing, arising or alleged to arise out of the closing of any street, roadway or other area, provided that
other reasonable means of access to the Leased Premises remain available to Lessee without cost to Lessee,
unless otherwise mandated by emergency safety considerations or lawful exercise of the police power.
Lessee shall not do or permit anything to be done which will interfere with the free access and passage of
others to space adjacent to the Leased Premises or in any streets or roadways on the Airport.
ARTICLE 8: INSURANCE, DAMAGE OR DESTRUCTION
8.1 Lessee, at its sole cost and expense, shall procure and maintain throughout the term of this
Agreement insurance protection for all risk coverage on the Improvements which are part of the Leased
Premises, to the extent of one hundred percent (100%) of the actual replacement cost thereof. Such
insurance shall be written by insurers acceptable to Cities. The insurance shall provide for ten (10) days’
notice of cancellation or material change, certified mail, return receipt requested, to the Cities, Attention:
Airport Manager.
8.1.1 The above stated property insurance shall be for the benefit and to safeguard the
interests of the Cities and Lessee.
8.1.2 Lessee shall settle all losses with the insurance carrier. Lessee shall consult with
the Cities and use its best efforts to obtain a settlement that covers the cost of repairing or rebuilding
the Improvements.
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8.1.3 Lessee shall provide certificates of insurance, in a form acceptable to the Cities
and marked "premium paid" evidencing existence of all insurance required to be maintained prior
to occupancy of the Improvements. Upon the failure of Lessee to maintain such insurance as above
provided, the Cities, at their option, may take out such insurance and charge the cost thereof to
Lessee, which shall be payable on demand, or may give notice of default pursuant to Article 18.
8.2 In the event the Improvements and any subsequent improvements, insurable or uninsurable,
on the Leased Premises are damaged or destroyed to the extent that they are unusable by Lessee for the
purposes for which they were used prior to such damage, or same are destroyed, Lessee shall promptly
repair and reconstruct the Improvements substantially as they were immediately prior to such casualty or
in a new or modified design, subject to the provisions of Article 5 hereof and applicable building codes and
the Airport Land Use and Design Standards, existing at the time of repairing or rebuilding. If the aforesaid
damage or destruction occurs in the last five years of the Initial term or any option term of this Agreement,
Lessee may elect not to repair and reconstruct the Improvements, subject to the following terms and
conditions:
8.2.1 Lessee shall give the Cities written notice of its election not to repair and
reconstruct the Improvements within ninety (90) days of the date upon which the Improvements
were damaged or destroyed. Is such case, and Cities shall have the option of either:
8.2.1.1 Requiring Lessee to clear the site, remove all debris and paving, stub up all utilities,
and restore the site to its original cleared condition prior to commencement of construction;
in which case Lessee shall retain all insurance proceeds above those necessary to fund such
site restoration; or
8.2.1.2 Taking title to the damaged Improvements, as is, in which case Lessee shall assign
to and the Cities shall retain all insurance coverage and proceeds.
8.2.3 Upon Lessee's notice under Section 8.2.1 hereof and Lessee's compliance with the
provisions of Sections 8.2.1.1 or 8.2.1.2 hereof, the Cities shall terminate this Agreement and
relieve Lessee of all future rental obligations hereunder.
8.3 All policies of insurance required herein shall name the Cities as additional insureds.
8.4 Whenever in this Agreement, provision is made for the carrying of any insurance, it shall
be deemed that such provision is complied with if such insurance otherwise complying with such provision
is carried under a blanket policy or policies covering the Leased Premises as well as other properties.
8.5 Lessee shall not violate, nor permit to be violated, any of the conditions of any of the said
policies; and shall perform and satisfy, or cause to be satisfied, the requirements of the companies writing
such policies.
ARTICLE 9: LIABILITIES AND INDEMNITIES
9.1 The Cities and the Commission shall not in any way be liable for any cost, liability, damage
or injury including cost of suit and expenses of legal services, claimed or recovered by any person
whomsoever, or occurring on the Leased Premises, or the Airport, or as a result of any operations, works,
acts or omissions performed on the Leased Premises, or the Airport, by Lessee, its agents, servants,
employees or authorized tenants, or their guests or invitees. Lessee, and each of its Unit Owners, shall not
in any way be liable for any cost, liability, damage or injury including cost of suit and expenses of legal
services, claimed or recovered by any person whomsoever, or occurring on the Leased Premises, or the
Airport, or as a result of any operations, works, acts, or commission performed on the Leased Premises, or
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the Airport, solely by the Cities and the Commission, their agents, servants, employees or authorized
tenants, or their guests or invitees.
9.2 Lessee and its Unit Owners agree to indemnify, save and hold harmless, the Cities and the
Commission, their officers, agents, servants and employees, of and from any and all costs, liability, damage
and expense, including costs of suit and reasonable expenses of legal services, claimed or recovered, justly
or unjustly, falsely, fraudulently or frivolously, by any person, firm or corporation by reason of injury to,
or death of, any person or persons, including Cities' personnel, and damage to, destruction or loss of use of
any property, including Cities' property, directly or indirectly arising from, or resulting from, any
operations, works, acts or omissions of Lessee, its agents, servants, employees, contractors, or authorized
tenants. Upon the filing with the Cities by anyone of a claim for damages arising out of incidents for which
Lessee herein agrees to indemnify and hold the Cities harmless, the Cities shall notify Lessee of such claim
and in the event that Lessee does not settle or compromise such claim, then Lessee shall undertake the legal
defense of such claim on behalf of Lessee and the Cities. It is specifically agreed, however, that the Cities
at their own cost and expense, may participate in the legal defense of any such claim. Any final judgment
rendered against the Cities for any cause for which Lessee is liable shall be conclusive against Lessee as to
liability and amount upon the expiration of the time for appeal.
9.3 Lessee shall procure and keep in force during the term of the Lease policies of
Comprehensive General Liability insurance insuring Lessee and the Cities against any liability for personal
injury, bodily injury, death, or property damage arising out of the subject of this Agreement with a combined
single limit of at least one million dollars or with a limit of not less than the maximum amount that may be
recovered against the Cities under the Colorado Governmental Immunity Act, whichever is greater. No
such policies shall be cancelable or subject to reduction in coverage limits or other modification except
after ten (10) days prior written notice to the Cities. The policies shall be for the mutual and joint benefit
and protection of Lessee and the Cities and such policies shall contain a provision that the Cities, although
named as an insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned
to it, its servants, agents, citizens, and employees by reason of negligence of Lessee. Lessee shall provide
certificates of insurance, in a form acceptable to the Cities and marked "premium paid" evidencing existence
of all insurance required to be maintained prior to the commencement of the Agreement.
9.4 Lessee represents that it is the owner of or fully authorized to use any and all services,
processes, machines, articles, marks, names or slogans used by it in its operations under or in any way
connected with this Agreement. Lessee agrees to save and hold the Cities, their officers, employees, agents
and representatives free and harmless of and from any loss, liability, expense, suit or claim for damages in
connection with any actual or alleged infringement of any patent, trademark or copyright, or arising from
any alleged or actual unfair competition or other similar claim arising out of the operations of Lessee under
or in any way connected with this Agreement.
ARTICLE 10: LEASEHOLD MORTGAGES
10.1 If Lessee shall execute a Leasehold Mortgage of its leasehold estate, or if a Unit Owner
shall grant a similar interest, to an entity which is not directly or indirectly owned or controlled by, or is not
under common ownership or control with Lessee or Unit owner, as the case may be, (collectively, an
“Unaffiliated Entity”), and if the holder of such Leasehold Mortgage shall provide the Cities through the
Commission or Airport Manager with notice in the manner described in Article 13 with notice of such
Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of
the Mortgagee, then following receipt of such notice by the Cities, the provisions of this Article 10 shall
apply in respect to such Leasehold Mortgage.
10.2 The term "Leasehold Mortgage" as used in this Agreement shall include, but not be limited
to, a mortgage, a deed of trust, a deed to secure debt, or other security instrument by which Lessee's
leasehold estate is mortgaged, conveyed, assigned, or otherwise transferred, to secure a debt or other
obligation, in connection with the construction contemplated by Sections 4.4 through 4.5, above.
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10.3 The Cities, upon providing Lessee any notice of default under this Agreement or
termination of this Agreement, shall at the same time provide a copy of such notice to the Leasehold
Mortgagee by first class U.S. mail at the address specified in the notice given pursuant to Section 10.1,
above. Such Leasehold Mortgagee shall have the additional periods of time specified in Section 10.4 hereof
to remedy, commence remedying, or cause to be remedied the default or acts or omissions which are
specified in any such notice. The Cities shall accept such performance by or at the instigation of such
Leasehold Mortgagee as if the same had been done by Lessee.
10.4 Anything contained in this Agreement to the contrary notwithstanding, if any default shall
occur which entitles the Cities to terminate this Agreement, the Cities shall have no right to terminate this
Agreement unless, following the expiration of the period of time given Lessee to cure such default or the
act or omission which gave rise to such default, the Leasehold Mortgagee is given an additional period of
thirty (30) days to:
10.4.1 Notify the Cities of such Leasehold Mortgagee's desire to defeat such Termination
Notice; and
10.4.2 Pay or cause to be paid all rent, additional rent, and other payments then due and
in arrears as specified in the Termination Notice to such Leasehold Mortgagee and which may
become due during such thirty (30) day period; and
10.4.3 Comply with due diligence and continuity, or in good faith commence to and with
diligence continue to pursue compliance with all non-monetary requirements of this Agreement
then in default.
10.5 The making of a Leasehold Mortgage shall not be deemed to constitute an assignment or
transfer of this Agreement or of the leasehold estate hereby created, nor shall the Leasehold Mortgagee, as
such, be deemed to be an assignee or transferee of this Agreement or of the leasehold estate hereby created
so as to require such Leasehold Mortgagee, as such, to assume the performance of any of the terms,
covenants or conditions of this Agreement. Any Leasehold Mortgagee who takes an instrument of
assignment or transfer in lieu of the foreclosure of the Leasehold Mortgagee shall be deemed to be a
permitted assignee or transferee, and shall be deemed to have agreed to perform all of the terms, covenants
and conditions on the part of Lessee to be performed hereunder from and after the date of such purchase
and assignment, but only for so long as such purchaser or assignee is the owner of the leasehold estate. If
the Leasehold Mortgagee or its designee shall become holder of the leasehold estate and if the Hangar and
Improvements on the Leased Premises shall have been or become materially damaged on, before or after
the date of such purchase and assignment, the Leasehold Mortgagee or its designee shall be obligated to
repair, replace or reconstruct the building or other improvements.
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ARTICLE 11: RULES AND REGULATIONS
Lessee acknowledges that the Cities have proposed or adopted rules and regulations with respect
to the occupancy and use of the Airport, and such rules and regulations may be amended, supplemented or
re-enacted from time to time by the Cities provided that such rules and regulations apply generally to all
similar occupants and users on the Airport. Lessee and its Unit Owners agree to observe and obey any and
all such rules and regulations and all other federal, state and municipal rules, regulations and laws and to
require its officers, agents, employees, subtenants, contractors, and suppliers, to observe and obey the same.
In the event of a conflict between the provisions of Airport Rules and Regulations and this Agreement, the
more stringent provisions shall control. This provision will include compliance with the Airport's Noise
Abatement Plan as it now exists and as it may hereafter be amended or supplemented. The Cities reserve
the right to deny access to the Airport and its facilities to any person, firm or corporation that fails or refuses
to obey and comply with such rules, regulations or laws. Nothing in this Article 11 shall be construed to
limit the rights of Lessee to file any action challenging the lawfulness of any such amendment, supplement
or reenactment of any such rule or regulations, or to challenge the application of the same to Lessee.
ARTICLE 12: SIGNS
Lessee shall have the right to install and maintain one or more signs on the Leased Premises
identifying it and its operations, provided, however, the subject matter, type, design, number, location and
elevation of such signs, and whether lighted or unlighted, shall be subject to and in accordance with the
City of Loveland Sign Code, and Airport Land Use and Design Standards. No sign will be allowed that
may be confusing to aircraft pilots or automobile drivers or other traffic.
ARTICLE 13: ASSIGNMENT AND SUBLEASE
The prior written consent of the Cities shall be required for any sale, transfer, assignment or
sublease of this Agreement and of the leasehold estate hereby created. Consent may be withheld by the
Cities in the event (a) Lessee is in default of any of the terms or conditions of this Agreement, (b) the
transferee or assignee does not deliver to the Cities its written agreement to be bound by all of the provisions
of this Agreement in a form satisfactory to the Cities, or (c) the transferee or assignee does not submit proof
of insurance as required in Articles 8 and 9 herein, or (d) the transferee or assignee does not qualify as a
successor to Lessee under the Condominium Declaration recorded pursuant to Article 31 . Consent shall
not otherwise be unreasonably withheld. Upon the granting of written consent by the Cities and actual
transfer or assignment, Lessee shall be released by the Cities from its obligations under this Agreement.
Other than in the manner set forth in Article 31 below, Lessee shall not subdivide or fractionalize either its
ownership of the Improvements or leasehold interest in the Leased Premises.
13.2 Lessee shall have the right and obligation to construct and sell hangar condominiums on
the Leased Premises in accordance with applicable law, without the prior consent of the Cities. By way of
clarification, and not by limitation, the restrictions on sale, assignment or subleasing contained in this
Article 13 shall not apply to the first transfer or conveyance by Lessee of an individual Condominium Unit
to another Owner. The Condominium Declaration to be recorded by Lessee shall, among other terms,
conditions and restriction, require all Unit Owners to comply with all terms and conditions of this
Agreement. Lessee, the Condominium Association and any Unit Owner shall be jointly and severally
responsible for compliance with the terms and conditions of this Agreement; provided, that,
notwithstanding the foregoing, or any other provision of this Agreement to the contrary (including by way
of example and not in limitation, the provisions of Articles 9, 18 and 21), the person first above identified
as Lessee (“Initial Lessee”) shall not be responsible for noncompliance of any Unit Owner other than Initial
Lessee or for compliance obligations of the Condominium Association, and Initial Lessee’s obligations
under this Agreement shall terminate at such time that Initial Lessee (i) assigns this Agreement to the
Condominium Association, or (ii) holds no ownership interest in any Condominium Unit, whichever event
first occurs (“Initial Lessee Termination”) and all obligations of Lessee under this Agreement shall
thereupon be the responsibility of the Condominium Association and the Unit Owners, as applicable in the
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context of this Agreement. Following Initial Lessee Termination, except as the context otherwise indicates,
the Condominium Association shall exercise the rights and fulfill the responsibilities of Lessee hereunder
as Lessee and as agent and attorney-in-fact of the Unit Owners. Upon the lease of any Condominium Unit,
the Unit Owner shall provide Cities with notification of the lease and otherwise comply with Article 4,
above. Upon the sale, resale or lease of any Condominium Unit, Initial Lessee if the one conveying or
leasing, and if not then the Condominium Association, shall promptly provide the Cities with the name,
address and other contact information for the Unit Owner, and a description of the aircraft to be regularly
stored in such hangar.
13.3 Lessee shall not have the right to subdivide or fractionalize either its ownership of the
Improvements or its interest in the Leased Premises, except in accordance with the Condominium Map
recorded pursuant to the Act, previously approved by the Cities, and filed with a Condominium Declaration
recorded pursuant to the Act and Article 31.
ARTICLE 14: CONDEMNATION
14.1 In the event that all or any portion of the Leased Premises is taken for any public or quasi-
public purpose by any lawful power or authority by the exercise of the right of appropriation, condemnation
or eminent domain (or pursuant to a sale to such power or authority under the threat of condemnation or
eminent domain), all rents payable with respect to that portion of the Leased Premises taken shall no longer
be payable, and the proceeds, if any, from such taking or sale shall be allocated between the Cities, Lessee,
and any affected Unit Owners in accordance with the applicable condemnation law, with Lessee and any
affected Unit Owner being entitled to compensation for the fair market value of the leasehold interest,
Improvements and personal property taken. If a portion of the Leased Premises is so taken or sold, and as
a result thereof, the remaining part cannot reasonably be used to continue the authorized uses set forth in
Article 3, then this Agreement shall terminate at Lessee’s election, and Lessee's obligation to pay rent and
perform the other conditions of the lease shall be deemed to have ceased as of the date of such taking or
sale.
14.2 The Cities expressly reserve the right to grant or take easements on rights-of-way across
the Leased Premises if it is determined to be in the best interest of the Cities to do so. If the Cities grant or
take an easement or right-of-way across any of the Leased Premises, Lessee shall be entitled only to
compensation for damages to all Improvements owned by Lessee or its Unit Owners destroyed or physically
damaged thereby, but not to damages for loss of use of the Leased Premises itself. Damages to
improvements shall be determined by the reduction in fair market value of the Improvements caused by
said damage or cost of repair, whichever is less.
14.3 Lessee understands and agrees that the Cities have the right to take all or any portion of the
Leased Premises, and any additions, alterations or improvements thereon, should the Cities, in their sole
discretion, determine that said portion of the Leased Premises, and improvements thereon, are required for
other Airport purposes, without initiating condemnation proceedings. If such action is taken, the Cities
shall substitute comparable areas within the Airport, or any additions or extensions thereof, brought to the
same level of improvement as the area taken. The Cities shall bear all expenses of bringing the substituted
area to the same level of improvement to the area taken, and of moving Lessee's improvements, equipment,
furniture and fixtures to the substituted area. If any of Lessee's improvements, equipment, furniture or
fixtures cannot be relocated, the Cities shall replace, at their own expense, such non-relocatable
improvements and other property with comparable property in the substituted area, and the Cities shall be
deemed the owner of the non-relocated improvements and other property, free and clear of all claims of
any interest or title therein by Lessee, any mortgagee, or any other third party whomsoever. It is the specific
intent of this subparagraph that Lessee would be placed, to the extent possible, in the same position it would
have been, had the Cities not substituted new premises for the Leased Premises; provided however, that the
Cities shall not be obligated to reimburse Lessee for lost revenues or other costs due to such substitution.
In the event that such substitution of area is demanded by the Cities, Lessee shall have the right and option
to terminate this Agreement, prior to the Cities commencing the substitution, upon thirty (30) days prior
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written notice to Cities, in which event the Cities shall pay Lessee the fair market value of all Improvements
constructed on the Leased Premises pursuant to approval of the Cities. Nothing in this subparagraph shall
be construed to limit the Cities' rights to condemn Lessee's leasehold rights and interests in the Leased
Premises pursuant to state law.
ARTICLE 15: NON-DISCRIMINATION
15.1 Lessee, for itself, its Unit Owners, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event
facilities are constructed, maintained, or otherwise operated on the Leased Premises, for a purpose for which
a United States government program or activity is extended, Lessee shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in federally-assisted programs of the Department of Transportation-Effectuation of Title
VI of the Civil Rights Act of 1964, and as said regulations may be amended.
15.2 Lessee, for itself, its Unit Owners and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that:
15.2.1 No person on the grounds of race, color, national origin, creed, religion, sex,
disability, or age and without regard to the exercise of rights guaranteed by state or federal law
shall be excluded from participating in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the Leased Premises;
15.2.2 That in the construction of any Improvements on, over or under such land and the
furnishing of services thereon, no person on the grounds of race, color, national origin, creed,
religion, sex, disability or age shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination;
15.2.3 That Lessee shall use the Leased Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted
programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of
1964, and as said regulations may be amended.
15.3 In this connection, the Cities reserve the right to take whatever action they might be entitled
by law to take in order to enforce this provision following the sixty (60) days prior written notice to Lessee,
the Condominium Association and/or Unit Owner, as the case may be, of any alleged violation. This
provision is to be considered as a covenant on the part of Lessee, a breach of which, continuing after notice
by the Cities to cease and desist and after a determination that a violation exists made in accordance with
the procedures and appeals provided by law, will constitute a material breach of this Agreement and will
entitle the Cities, at their option, to exercise its right of termination as provided for herein, or take any action
that it deems necessary to enforce.
15.4 Lessee shall include the foregoing provisions in every agreement or concession pursuant
to which any person or persons, other than Lessee, operates any facility at the Leased Premises providing
service to the public and shall include a provision granting the Cities a right to take such action as the United
States may direct to enforce such covenant.
15.5 To the extent legally required and applicable, Lessee assures that it will undertake an
affirmative action program as required by 14 CFR, Part 152, Subpart E, to ensure that no person shall on
the grounds of race, creed, color, national origin, disability or sex, be excluded from participation in any
employment activities covered in 14 CFR Part 152 Subpart E. Lessee assures that no person shall be
excluded on these grounds from participating in or receiving the services or benefits of any program or
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activity covered by this subpart. Lessee assures that it will require that its covered sub organizations provide
assurances to Lessee that they similarly will undertake affirmative action program and that they will require
assurances from their sub organizations, to the extent required by 14 CFR Part 152, Subpart E, to the same
effect.
ARTICLE 16: GOVERNMENTAL REQUIREMENTS
16.1 Lessee and its Unit Owners shall procure all licenses, certificates, permits or other
authorization from all governmental authorities, if any, having jurisdiction over Lessee's operations at the
Leased Premises which may be necessary for Lessee's and/or Unit Owner’s operations on the Airport.
16.2 Lessee shall pay all taxes, license, certification, permits and examination fees and excise
taxes which may be assessed, levied, exacted or imposed on the Leased Premises or operation hereunder
or on the gross receipts or gross income to Lessee there from, and shall make all applications, reports and
returns required in connection therewith.
16.3 Lessee shall pay all water, sewer, utility and other applicable use taxes and fees, arising
from its occupancy and use of the Leased Premises and/or the Improvements.
ARTICLE 17: RIGHTS OF ENTRY RESERVED
17.1 The Cities, by their officers, employees, agents, representatives and contractors, shall have
the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any and
all purposes not inconsistent with this Agreement, including, without limitation, inspection and
environmental testing, provided such action by the Cities, their officers, employees, agents, representatives
and contractors does not unreasonably interfere with Lessee's and/or Unit Owner’s use, occupancy or
security requirements of the Leased Premises. Except when necessary for reasons of public safety or law
enforcement, or for the protection of property, as determined by Cities, Cities shall provide seventy-two
(72) hours written notice of its intent to inspect.
17.2 Without limiting the generality of the foregoing, the Cities, by their officers, employees,
agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at their
own cost and expense, whether for their own benefit, or for the benefit of others than Lessee at the Airport,
to maintain existing and future Airport mechanical, electrical and other utility systems and to enter upon
the easements in the Leased Premises to make such repairs, replacements or alterations thereto, as may, in
the opinion of the Cities, be deemed necessary or advisable, and from time to time to construct or install
over, in or under existing easements within the Leased Premises such systems or parts thereof and in
connection with such maintenance use the Leased Premises existing easements for access to other parts of
the Airport otherwise not conveniently accessible; provided, however, that in the exercise of such rights of
access, repair, alteration or new construction, the Cities shall not install a utility under or through any
building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased
Premises by Lessee, all such utilities to be placed within existing easements, except as provided in Article
14. It is specifically understood and agreed that the reservation of the aforesaid right by the Cities shall not
impose or be construed to impose upon the Cities any obligation to repair, replace or alter any utility service
lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to
the Leased Premises; provided, however, that if they repair, replace or alter any utility service lines now or
hereafter located on the Leased Premises for the purpose of providing utility services to others, the Cities
will restore the Leased Premises to their preexisting condition in a timely manner. Lessee will provide for
the installation, maintenance and repair, at its own expense, of all service lines of utilities providing services
only to the Leased Premises. Cities will repair, replace and maintain all other utility lines, at Cities' expense.
17.3 In the event that any personal property of Lessee or any Unit Owner shall obstruct the
access of the Cities, their officers, employees, agents or contractors, or the utility company furnishing utility
service over, along and across the existing easements to any of the existing utility, mechanical, electrical
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and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system
pursuant to Section 17.2, Lessee shall move such property, as directed by the Cities or said utility company,
upon reasonable notice by the Cities, in order that access may be had to the system or part thereof for
inspection, maintenance or repair. If Lessee or any Unit Owner shall fail to so move such property after
direction from the Cities or said utility company to do so, the Cities or the utility company may move it,
and Lessee, on behalf of itself and its Unit Owners hereby waives any claim against the Cities for damages
as a result there from, except for claims for damages arising from the Cities' negligence.
ARTICLE 18: TERMINATION
18.1 In the event of a default on the part of Lessee in the payment of rents, the Cities shall give
written notice to Lessee, each Unit Owner of which it has been given notice under Section 13.2, above, and
each holder of a Leasehold Mortgage, if any, of which it has been give notice under Section 10.1, of such
default, and demand the cancellation of this Agreement, or the correction thereof. If, within sixty (60) days
after the date the Cities give such notice, Lessee has not corrected said default and paid the delinquent
amount in full, then subject to Article 10 above, the Cities may by written notice to Lessee, and each such
Unit Owner and holder of a Leasehold Mortgage, terminate this Agreement.
18.2 Subject to the provisions of Section 18.1 above, this Agreement, together with all rights
and privileges granted in and to the Leased Premises, shall terminate at the option of the Cities with prompt
written notice to Lessee and each such Unit Owner and holder of a Leasehold Mortgage upon the happening
of any one or more of the following events:
18.2.1 The filing by Lessee of a voluntary petition in bankruptcy, or any assignment for
benefit of creditors of all or any part of Lessee's assets; or
18.2.2 Any institution of proceedings in bankruptcy against Lessee; provided, however,
that Lessee may defeat such termination if the petition is dismissed within one hundred twenty
(120) days after the institution thereof; or
18.2.3 The filing of a petition requesting a court to take jurisdiction of Lessee or its assets
under the provision of any Federal reorganization act which, if it is an involuntary petition is not
dismissed within one hundred twenty (120) days after its being filed; or
18.2.4 The filing of a request for the appointment of a receiver or trustee of all, or
substantially all, of Lessee's assets by a court of competent jurisdiction, which if the request if not
made by Lessee is not rejected within one hundred twenty (120) days after being made, or the
request for the appointment of a receiver or trustee of all, or substantially all, of Lessee's assets by
a voluntary agreement with Lessee's creditors.
18.3 Upon the default by Lessee in the performance of any covenant or condition required to be
performed by Lessee and/or its Unit Owners, other than the payment of rent, and the failure of Lessee, and
each such Unit Owner or holder of a Leasehold Mortgage to remedy such default for a period of sixty (60)
days after mailing by the Cities of written notice to remedy the same, unless more extensive notice is
otherwise provided for in this Agreement, the Cities may, by written notice of cancellation to Lessee, and
each such Unit Owner and holder of a Leasehold Mortgage, terminate this Agreement and all rights and
privileges granted hereby in and to the Leased Premises.
18.4 Upon the default by Lessee, and the giving of notice of the default and cancellation by the
Cities as provided for elsewhere herein, the notice of cancellation shall become final.
18.5 Subject to the provisions of Section 18.1, upon the cancellation or termination of this
Agreement for any reason, all rights of Lessee, its Unit Owners, authorized tenants and any other person in
possession shall terminate, including all rights or alleged rights of creditors, trustees, assigns, and all others
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similarly so situated as to the Leased Premises. Except as may be expressly provided to the contrary
elsewhere herein, upon said cancellation or termination of this Agreement for any reason, the Leased
Premises and all Improvements located thereon, except for Lessee's equipment, fixtures and other personal
property which may be removed from said Leased Premises without damage thereto as provided elsewhere
herein, shall be and become the property of the Cities, free and clear of all encumbrances and all claims of
Lessee, its subtenants, creditors, trustees, assigns and all others, and the Cities shall have immediate right
of possession of the Leased Premises and such Improvements. Termination of this Agreement as to any
Unit Owner shall not act as a merger of this Agreement, into the Cities’ ownership of the applicable
Condominium Unit.
18.6 Failure by the Cities or Lessee to take any authorized action upon default by Lessee of any
of the terms, covenants or conditions required to be performed, kept and observed by Lessee shall not be
construed to be, nor act as, a waiver of said default nor of any subsequent default of any of the terms,
covenants and conditions contained herein to be performed, kept and observed by Lessee. Acceptance of
rentals by the Cities from Lessee, or performance by the Cities under the terms hereof, for any period or
periods after a default by Lessee of any of the terms, covenants and conditions herein required to be
performed, kept and observed by Lessee shall not be deemed a waiver or estoppel of any right on the part
of the Cities to cancel this Agreement for any subsequent failure by Lessee to so perform, keep or observe
any of said terms, covenants or conditions.
18.7 This Lease will terminate at the option of Lessee:
18.7.1 Upon the permanent closure of the Airport, the term "permanent closure" to mean
for the purposes of this Agreement, the closure of the airport for ninety (90) or more consecutive
days;
18.7.2 The loss of the ability of Lessee due to no significant fault of Lessee to fly in or
out of the Airport for reasons other than inclement weather, casualty or disaster, for a period of
ninety (90) consecutive days; and
18.7.3 The default by Cities in the performance of any covenant or condition required to
be performed by the Cities, and the failure of the Cities to remedy such default for a period of sixty
(60) days after receipt from Lessee of written notice to remedy the same, or default in the timely
payment of any money due Lessee and failure to cure such default within sixty (60) days after
notice to the Cities. Notice of exercise of the option to terminate by Lessee shall be given in the
manner specified in Article 23 (Notices). In the event of Termination pursuant to this subsection
18.7.3, Lessee (or its Unit Owners) shall be entitled to compensation from the Cities for the fair
market value of the Improvements.
18.8 If Lessee ceases to conduct its authorized Aeronautical Activities on the Leased Premises
for a period of twelve (12) consecutive months, the Cities may terminate this Agreement by written notice
to Lessee given at any time while such cessation continues, unless Lessee resumes such activities within
sixty (60) days following receipt of written notice from the Cities of such intent to terminate this Agreement.
18.9 If Lessee fails to obtain any required permit or other governmental approval for the use of
the Leased Premises pursuant to Section 3.1, within eighteen (18) months of the commencement date set
forth in Section 1.1, or if Lessee fails to maintain any such permits or approvals during the term of this
Agreement, this Agreement shall terminate, unless cured by Lessee within sixty (60) days following receipt
of written notice from the Cities specifying the nature of such failure. Upon termination of this Agreement
pursuant to this Section 18.9, and upon vacating the Leased Premises, Lessee shall not be required to pay
additional rents, but no refund shall be due to Lessee of payments made by Lessee pursuant to this
Agreement.
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18.10 Upon termination of this Agreement prior to the expiration of the Initial Term or the
Extended Term, if any, the Cities may, but are not required to, relet the Leased Premises, or any part thereof,
for the whole or any part of the remainder of such Initial Term or Extended Term, or for a longer period of
time. Subject to Section 21.3, any rents received by the Cities as a result of such reletting shall remain the
property of the Cities and shall not be credited to or otherwise become the property of Lessee.
ARTICLE 19: SURRENDER AND RIGHT OF RE-ENTRY
19.1 Subject to Section 8.2 above, upon the expiration, cancellation or termination of this
Agreement pursuant to any terms hereof, Lessee agrees peaceably to surrender up the Leased Premises to
the Cities in the condition required by Article 29, below. Upon such expiration, cancellation or termination,
the Cities may re-enter and repossess the Leased Premises together with all Improvements and additions
thereto, or pursue any remedy permitted by law for the enforcement of any of the provisions of this
Agreement, at the Cities' election.
19.2 In the event that Lessee remains in possession of the Leased Premises after the expiration,
cancellation or termination of this Lease without written agreement with respect thereto, then Lessee shall
be deemed to be occupying the Leased Premises as a tenant at-will, subject to all of the conditions,
provisions and obligations of this Lease, but without any rights to extend the term of this Lease. The Cities’
acceptance of rent from Lessee in such event shall not alter the status of Lessee as a tenant at will whose
occupancy of the Leased Premises may be terminated by Cities at any time upon ten (10) days prior written
notice.
ARTICLE 20: SERVICES TO LESSEE
20.1 The Cities covenant and agree that during the term of this Agreement, and subject to
Airport priorities then in effect, they will use reasonable efforts to (a) operate the Airport as such for the
use and benefit of the public; provided, however, that the Cities may prohibit or limit any given type, kind
or class of aeronautical use of the Airport if such action is necessary for the safe and/or efficient operation
of the Airport or necessary to serve the civil aviation needs of the public, (b) maintain the runways and
taxiways in good repair, including the removal of snow, and (c) keep in good repair hard-surfaced public
roads for access to the Leased Premises and remove snow there from.
20.1.1 Said obligations of the Cities relevant to the maintenance of public roads and
taxiways shall extend to the point where in such roads, streets and taxiways reach the property line
of the Leased Premises, or the Ramp area constructed by Lessee under Section 4.5.
20.1.2 Said obligations of the Cities relevant to the snow removal from public roads and
taxiways shall extend to the point where in such roads, streets and taxiways reach the property line
of the Leased Premises, and shall additionally include the Ramp area constructed by Lessee under
Section 4.5 subject to the snow removal limitations set forth under Article 4.5.
20.2 Except in cases of emergency, in which case no notice shall be required, Cities will
endeavor to give not less than fourteen (14) days' prior written notice to Lessee of any anticipated temporary
Airport closure, for maintenance, expansion or otherwise. Notwithstanding the above, the Cities shall not
be deemed to be in breach of any provision of this Article 20 in the event of a permanent closure of the
Airport. Provided, however, that if such permanent closure is in connection with the construction of a new
airport by the Cities, Lessee shall have the option to enter into a substitute hangar ground lease agreement
with the Cities, for the use of a portion of such new airport not smaller than the Leased Premises, under
financial terms which are no less favorable than those set forth herein.
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ARTICLE 21: SURVIVAL OF THE OBLIGATIONS OF LESSEE
21.1 In the event that the Agreement shall have been terminated due to default by Lessee in
accordance with notice of termination as provided in Article 18, all of the obligations of Lessee under this
Agreement shall survive such termination, re-entry, regaining or resumption of possession and shall remain
in full force and effect for the full term of this Agreement, and the amount or amounts of damages or
deficiency shall become due and payable to the Cities to the same extent, at the same time or times, and in
the same manner as if no termination, re-entry, regaining or resumption of possession had taken place. The
Cities may maintain separate actions each month to recover the damage or deficiency then due or at its
option and at any time may sue to recover the full deficiency less the proper discount, for the entire
unexpired term of this Agreement.
21.2 The amount of damages for the period of time subsequent to termination (or re-entry,
regaining or resumption of possession) on account of Lessee's rental obligations shall be the sum of the
following:
21.2.1 The amount of the total of all installments of rents, less the installments thereof
payable prior to the effective date of termination; and
21.2.2 An amount equal to all expenses incurred by the Cities and not reimbursed in
connection with regaining possession, restoring the Leased Premises required by Article 19, above,
acquiring a new lease for the Leased Premises, legal expenses (including, but not limited to,
attorneys’ fees) and putting the Leased Premises in order.
21.3 There shall be credited to the account of Lessee against its survived obligations hereunder,
the amount actually received from any lessee, licensee, permittee, or other occupier in connection with the
use of the said Leased Premises or portion thereof during the balance of the term of use and occupancy as
the same is originally stated in this Agreement, and the market value of the occupancy of such portion of
the Leased Premises as the Cities may themselves during such period actually use and occupy. No such
use and occupancy shall be, or be construed to be, an acceptance of a surrender of the Leased Premises, nor
shall such use and occupancy constitute a waiver of any rights of the Cities. The Cities will use their best
efforts to minimize damages to Lessee under this Article.
21.4 The provisions of this Article 21 shall not be applicable to termination of this Agreement
pursuant to Section 3.1.2 or Section 4.4, or if expressly provided to the contrary elsewhere in this
Agreement.
ARTICLE 22: USE SUBSEQUENT TO CANCELLATION OR TERMINATION
The Cities shall, upon termination or cancellation, or upon re-entry, regaining or resumption of
possession, have the right to repair and to make structural or other changes in the Leased Premises,
including changes which alter its character and the suitability thereof for the purposes of Lessee under this
Agreement, without affecting, altering or diminishing the obligations of Lessee hereunder, provided that
any structural changes shall not be at Lessee's expense.
ARTICLE 23: NOTICES
23.1 Any notice, consent, approval or other communication given by either party to the other
relating to this Agreement shall be in writing, and shall be delivered in person, sent by U.S. mail postage
prepaid, sent by reputable overnight courier, or sent by electronic means (with evidence of such
transmission received) to such other party at the respective addresses set forth below (or at such other
address as may be designated from time to time by written notice given in the manner provided herein).
Such notice shall, if hand delivered or personally served, be effective immediately upon receipt. If sent by
US mail postage prepaid, such notice shall be deemed given on the third business day following deposit in
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the United States mail, postage prepaid and properly addressed; if delivered by overnight courier, notice
shall be deemed effective on the first business day following deposit with such courier; and if delivered by
electronic means, notice shall be deemed effective when received.
23.2 The notice addresses of the parties are as follows:
To the Cities: Northern Colorado Regional Airport Commission
Attn: Airport Manager
4900 Earhart Drive
Loveland, CO 80538
Facsimile: (970) 962-2855
Email address: airport@cityofloveland.org
With a copy to:
Loveland City Attorney’s Office
500 E. Third Street
Loveland, CO 80537
and
To Lessee: IC Loveland, LLC
Attn: Ryan McClurg
8082 South Interport Boulevard, Ste. 200
Englewood, CO 80112
Email Address: ryan@mcclurg.net
ARTICLE 24: INVALID PROVISIONS
The invalidity of any provisions, articles, paragraphs, portions or clauses of this Agreement shall
have no effect upon the validity of any other part or portion hereof, so long as the remainder shall constitute
an enforceable agreement. Furthermore, in lieu of such invalid provisions, articles, paragraphs, portions or
clauses, there shall be added automatically as a part of this Agreement, a provision as similar in terms to
such invalid provision as may be possible and be legal, valid and enforceable.
ARTICLE 25: MISCELLANEOUS PROVISIONS
25.1 Remedies to be Non-exclusive. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other, or of any other remedy available
to the Cities, or Lessee, at law or in equity, and the exercise of any remedy, or the existence herein of other
remedies or indemnities shall not prevent the exercise of any other remedy provided that the Cities' remedies
in the event of default shall not exceed those set forth in this Agreement.
25.2 Non-liability of Individuals. No director, officer, agent or employee of the Cities shall be
charged personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any breach
thereof, or because of his or their execution or attempted execution of the same. Except to the extent
expressly provided for herein, no officer, director, shareholder, manager, member, agent or employee of
Lessee or of any Unit Owner shall be charged personally or held contractually liable by or to the other party
under any term or provision of this Agreement or of any supplement, modification or amendment to this
Agreement because of any breach thereof, or because of his or their execution or attempted execution of
the same.
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25.3 Estoppel Certificate. At the request of Lessee in connection with an assignment of its
interest in this Agreement, the Cities shall execute and deliver a written statement identifying them as the
Lessors under this Agreement and certifying:
25.3.1 The documents that then comprise this Agreement,
25.3.2 That this Agreement is in full force and effect,
25.3.3 The then current annual amount of rent and the date through which it has been
paid,
25.3.4 The expiration date of this Agreement,
25.3.5 That no amounts are then owed by Lessee to the Cities (or, if amounts are owed,
specifying the same)
25.3.6 To the knowledge of the Cities, there are not defaults by Lessee under this
Agreement or any facts which but for the passage of time, the giving of notice or both would
constitute such a default, and
25.3.7 Remaining rights to renew the term of this lease to the extent not theretofore
exercised.
The party acquiring Lessee's interest in the Agreement shall be entitled to rely conclusively upon such
written statement.
25.4 Recording of Lease. This Agreement shall be recorded by the Cities, and the costs of such
recordation, and any closing costs associated with this Agreement, its execution and recordation, shall be
billed to and paid by Lessee as additional rent.
25.5 General Provisions.
25.5.1 This Agreement and shall be construed in accordance with the laws of the State of
Colorado, venue shall be in Larimer County, Colorado.
25.5.2 This Agreement is made for the sole and exclusive benefit of the Cities and Lessee,
their successors and assigns, and is not made for the benefit of any third party.
25.5.3 In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
25.5.4 All covenants, stipulations and agreements in this Agreement shall extend to and
bind each party hereto, its legal representatives, successors and assigns.
25.5.5 The titles of the several articles of this Agreement are for inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the terms
and provisions hereof, or the interpretation or construction thereof.
25.5.6 Nothing herein contained shall create or be construed to create, a partnership, joint
venture, agency or any other relationship between the Cities and Lessee, other than that of landlord
and tenant. The Cities and Lessee each expressly disclaim the existence of any such other
relationship between them.
25.5.7 Cities have and may allow certain portions of the Airport to be used by other
tenants at any time and Lessee shall not interfere in any manner with said other tenants or with the
facilities granted to such tenants. Nothing herein contained shall be construed to grant or authorize
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the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958,
as amended, and the Cities reserve the right to grant to others the privilege and right of conducting
any one or all of the activities specified herein, or any other activities of an aeronautical nature.
25.5.8 In the event any action or proceeding is brought to recover payments due under
this Agreement or take possession of the Leased Premises and/or the improvements thereon, or to
enforce compliance with this Agreement for failure to observe any of its covenants, the prevailing
party shall be awarded reasonable attorneys’ fees and costs as set by the court.
25.5.9 The time within which either party hereto shall be required to perform any act
under this Agreement, other than the payment of money, shall be extended by a period equal to the
number of days during which performance of such act is delayed unavoidably by strikes, lockouts,
acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of
or similar regulation or order of any governmental or regulatory body, war, enemy action, acts of
terrorism, civil disturbance, fire, unavoidable casualties, or any similar occurrence.
25.6 Availability of Government Facilities. In the event the existence, maintenance or operation
of air navigation aids or other facilities supplied or operated by the United States or the State of Colorado
at or in conjunction with the Airport are discontinued, the Cities shall have no obligation to furnish such
facilities.
25.7 The Cities designate the Commission and the Airport Manager as its representatives who shall
make, within the scope of their authority, all necessary and proper decisions with reference to the Lease.
25.8 The parties further acknowledge and agree that this Lease Agreement replaces and supersedes
the prior lease agreements for the Leased Premises approved by the Cities on May 17, 2017 with Loren and
Heidi Johnson (originally KFNL Hangars, LLC) and CO Fire Aviation Leasing (originally KFNL Hangars,
LLC).
ARTICLE 26: SUBORDINATION CLAUSES
26.1 This Agreement is subject and subordinate to the following:
26.1.1 The Cities reserve the right to develop and improve the Airport as they see fit,
regardless of the desires or view of Lessee, and without interference or hindrance by or on behalf
of Lessee, provided Lessee is not deprived of the use or access to the Leased Premises or any of
Lessee's rights under this Agreement and unless said activities by the Cities shall result in the loss
of convenient access to the Leased Premises by motor vehicles and/or aircraft owned or operated
by Lessee or Lessee's assigns, subtenants, renters, agents, employees or invitees.
26.1.2 The Cities reserve the right to take any action they consider necessary to protect
the aerial approaches to the Airport against obstruction, together with the right to prevent Lessee
from erecting or permitting to be erected any building or other structure on the Airport which would
limit the usefulness of the Airport or constitute a hazard to aircraft.
26.1.3 This Agreement is and shall be subordinate to the provision of existing and future
agreements between the Cities and the United States relative to the operation or maintenance of the
Airport, the execution of which has been or may be required as a condition precedent to the
obtaining or expenditure of federal funds for the benefit of the Airport.
26.1.4 During the time of war or national emergency, the Cities shall have the right to
lease all or any part of the landing area or of the airport to the United States for military use, and if
any such lease is executed, the provisions of this Agreement insofar as they may be inconsistent
with the provisions of such lease to the government, shall be suspended, but such suspension shall
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23
not extend the term of this Agreement. Abatement of rentals shall be reasonably determined by the
Cities and Lessee in proportion to the degree of interference with Lessee's use of the Leased
Premises.
26.1.5 Except to the extent required for the performance of any obligations of Lessee
hereunder, nothing contained in this Agreement shall grant to Lessee any rights whatsoever in the
airspace above the Leased Premises other than those reasonably necessary to Lessee's enjoyment
of the Leased Premises and Cities' Airport facilities and which are consistent with Federal Aviation
Administration rules, regulations and orders currently or subsequently effective. Further, Lessee's
rights in airspace above the Leased Premises and the Airport and the Airport facilities shall be not
less than the rights therein by other users of the Airport and Airport facilities.
ARTICLE 27: QUIET ENJOYMENT
Cities hereby covenant and warrant that they are the owners of the Leased Premises and that Lessee
upon payment of rentals herein provided for and performance of provisions on its part to be performed shall
and may peacefully possess and enjoy the Leased Premises during the term hereof and any extensions
hereof without any interruption or disturbance.
ARTICLE 28: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto and may be changed,
modified, discharged or extended by written instrument duly executed by the Cities and Lessee. The parties
agree that no representations or warranties shall be binding upon the Cities or Lessee unless expressed in
writing.
ARTICLE 29: TITLE TO IMPROVEMENTS UPON TERMINATION
29.1 Upon the expiration, cancellation or termination of this Agreement, Lessee may elect to
remove the Improvements and all additions and appurtenances thereto at its own expense in accordance
with the following:
(a) Lessee may elect to remove the Improvements upon expiration of the Initial Term or
any Extended Term by giving the Cities written notice of Lessee’s election not less than sixty (60) days
prior to the expiration of the Initial Term or Extended Term (the “Notice Deadline”). If Lessee gives such
written notice of its election on or before the Notice Deadline, Lessee shall complete removal of the
Improvements and all additions and appurtenances as required by this Article 29 on or before the expiration
of the Initial Term or any Extended Term. Failure of Lessee to give such written notice of its election on
or before the Notice Deadline shall be deemed to be an election, by Lessee, to surrender ownership of the
Improvements and all additions and appurtenances thereto to the Cities in accordance with Section 29.2
below.
(b) Lessee may elect to remove the Improvements upon cancellation or termination of this
Agreement by giving the Cities written notice of its election within thirty (30) days after such cancellation
or termination. Provided Lessee is not in default in the payment of rental or other financial obligations due
hereunder and has given written notice of its election within such thirty (30) day period, Lessee shall have
a reasonable time, not to exceed sixty (60) days after notice of such election is given to the Cities, in which
to complete removal of Improvements and restoration as required by this Article 29. During any occupancy
by Lessee after cancellation or termination of this Agreement for the time period prior to completion of
removal of Improvements and restoration, Lessee shall be deemed to be holding over under the terms and
conditions of Section 19.2 above and shall pay to the Cities rent at the then-current lease rate for such
period. If Lessee (i) fails to give such written notice of its election within the thirty (30) day period set
forth in this subsection (b); or (ii) is ineligible to make such election because Lessee is in default in the
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Item 14.
24
payment of rental or other financial obligations due hereunder, Lessee shall be deemed to have made an
election to surrender ownership of the Improvements and all additions and appurtenances thereto to the
Cities in accordance with Section 29.2.
(c) Removal of Improvements and all additions and appurtenances thereto and restoration
as required under this Article 29 shall include Lessee’s completion of all work necessary to leave the Leased
Premises in a clean, orderly, and as close to original condition as possible as approved by the Cities, and
shall include as a minimum:
(i) removal of all Improvements and above ground structures and above ground
foundations, including utilities and utility connections, which shall be capped or otherwise left in a
safe condition; and
(ii) modification of the surface so that it is free of any holes or obstructions that
would prevent normal aircraft taxi operations and graded as necessary to ensure proper drainage.
29.2 In the event that Lessee fails to give written notice to the Cities of its election to remove
Improvements within the time periods and as otherwise provided in Section 29.1 above, then Cities and
Lessee agree that in consideration of Lessee’s use of the Airport for construction and operation of the
Improvements, the Improvements and all additions and appurtenances thereto shall become the property of
and title shall automatically vest in the Cities upon expiration, cancellation or termination of this
Agreement, without payment of additional consideration by the City, and free and clear of all liens and
encumbrances. Lessee agrees to execute all documents and take such reasonable actions, if any, as may be
necessary to confirm the transfer of title to the Improvements to the Cities.
Lessee’s obligations under this Article 29 shall survive any expiration, cancellation, or termination of this
Agreement
ARTICLE 30: RIGHT OF FIRST REFUSAL
If at any time Lessee desires to sell, assign, or otherwise transfer its interest under this Agreement,
including the Improvements existing on the Leased Premises, or if any Unit Owner desires to sell its interest
in any Unit, to an Unaffiliated Entity as defined in Section 10.1 and has obtained a bona fide offer for such
sale, Lessee and/or such Unit Owner must first offer to sell, assign, or otherwise transfer such interest to
the Cities, at the price and on the same terms as such bona fide offer, and the Cities shall have the right to
purchase Lessee’s and /or such Unit Owner’s interest under such terms. Such offer must be in writing and
state the name of the proposed transferee and all of the terms and conditions of the proposed transfer. The
Cities shall have the right for a period of sixty (60) days after receipt of the offer from Lessee or Unit Owner
to elect to purchase Lessee’s and/or Unit Owner’s interest (such sixty (60) day period referred to as the
“Election Period”). If the Cities do not desire to purchase Lessee’s and/or Unit Owner’s interest, Lessee
and/or unit Owner may then sell, assign, or otherwise transfer its interest in this Agreement or the Unit to
the person making the said offer, at the price and terms set forth in the offer, subject to the requirements of
Article 13. If Lessee and/or Unit Owner fail to close such sale within sixty (60) days after the expiration
of the Election Period, any proposed sale, assignment or other transfer thereafter shall again be subject to
this Article. This right of the Cities shall be continuing and shall survive any sale, assignment or other
transfer of Lessee’s interest under this Agreement. The intent of this Article is to require all of Lessee’s
interests in this Agreement be sold, assigned or otherwise transferred intact, without fractionalization;
except as contemplated by subletting the Lease Premises to the Condominium Declarant pursuant to Article
31. The foregoing right of first refusal shall not apply to the first sale, assignment or other transfer of an
interest of any individual Hangar Condominium Unit by Lessee to the first Owner of such Unit.
Page 170
Item 14.
25
ARTICLE 31: REQUIREMENTS FOR CONDOMINIUMIZATION
31.1 Prior to the sale of any Hangar Condominium Unit on the Leased Premises, Lessee shall
cause a declaration to be recorded in the real property records of Larimer County, Colorado, in compliance
with the Condominium Ownership Act (the “Act”), C.R.S. §38-33-105. Lessee shall not record such
declaration unless it first provides the Cities’ with a copy of such declaration and establishes to the
reasonable satisfaction of the Cities that the declaration contains each provision required by this Agreement.
The Cities shall not sign such a declaration or otherwise subject this Agreement to the provisions of C.R.S.
§38-33.3-206(1).
31.2 At all times during the term of this Agreement, the Condominium Declaration recorded by
Lessee pursuant to the Act shall provide the recording data for this Agreement; the date on which this
Agreement is scheduled to expire; a legal description of the Leased Premises; a statement that the Unit
Owners have no right to redeem any reversion in the Leased Premises or this Agreement; a statement that
Unit Owners have no right to remove any Improvements on the Leased Premises, including at or after
termination of this Agreement; and a statement that Unit Owners have no right to renew this Agreement at
or after termination, other than the contingent right of Lessee to do so under Article 1.3, above.
31.3 The Condominium Declaration recorded by Lessee hereunder shall require that with
respect to Units and the Unit Owner’s use thereof, and activities of Unit Owners on the Airport, each Unit
Owner shall comply with applicable terms of this Agreement, and shall take no action which is in violation
of any term or condition of this Agreement. The Condominium Declaration shall provide that any act or
omission of a Unit Owner which is contrary to or violates the terms of this Agreement, or of any Airport
rule or regulation, shall be a violation of the terms of the Condominium Declaration, and shall contain
adequate provisions for Lessee’s enforcement of such requirements. Before or at the closing of any sale or
resale of a Condominium Unit, the purchaser of the Condominium Unit shall be required to sign and deliver
to the Cities, on a form acceptable to the Cities, a declaration providing purchaser’s name, address and
contact information, and acknowledging that such purchaser has been provided with a copy of this
Agreement and the Condominium Declaration, has read this Section 31.3, and understands purchaser’s
obligations to comply with the applicable terms of this Agreement.
31.4 The Condominium Declaration required by Lessee hereunder shall require the formation
of a Condominium Association (being a Colorado non-profit corporation) which, subject to the terms of
this Agreement, will have broad authority over and govern the use and operation of the Leased Premises
and the Hangar Units, and grant to the Condominium Association the right to enforce all of the terms,
conditions and covenants of this Agreement against the Unit Owner, to assess the Unit Owners for the
purpose of funding the payment of all monetary amounts due and payable pursuant to the terms of this
Agreement and to serve as agent for the Unit Owners in dealing with the Cities pursuant to this Agreement.
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Item 14.
PROPERTY DESCRIPTION
A parcel ofland being part of Tract B, Barnstorm Second Addition, recorded August 12, 1986 as
Reception No. 86044345 of the Records of Larimer County, located in the Northeast Quarter
(NEl/4) of Section Thirty-three (33), Township Six North (T.6N.), Range Sixty-eight West
(R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Loveland, County of Larimer, State of
Colorado and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 33 and assuming the East line of said
NEI/4 as bearing South 00 °24'38" East being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2599.42 feet
with all other bearings contained herein relative thereto;
THENCE South 00°24'38" East along the East line of said NE l/4 a distance of 1791.63 feet;
THENCE South 89°35'22" West a distance of 144.78 feet to the POINT OF BEGINNING;
THENCE South 19°09'39" East a distance of 51.42 feet;
THENCE South 70 °50'04" West a distance of 15.00 feet;
THENCE South 19°09'35" East a distance of 145.59 feet;
THENCE South 70 °51 '0 l" West a distance of 816.80 fe et;
THENCE North 19°08'59" West a distance of 192.11 feet;
THENCE North 70 °30'47" East a distance of 831.78 feet to the POINT OF BEGINNING.
Said described parcel ofland contains 159,648 Square Feet or 3.665 Acres, more or less(±), and is
subject to any rights-of-way or other easements of record or as now existing on said described
parcel ofland.
SURVEYORS STATEMENT
Christopher A. DePaulis-On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #3 81 05
KJNG SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970)686-5011
X:\20190175-B\LEASE PARCEL.doc Page I of I
Exhibit A
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BLDG 1
LEASE LI NE
20' SETBACK
BLDG 2
BLDG 3
BLDG 4
BLDG 5
STEARMAN ST.
6
5
'
-
0
"
6
5
'
-
0
"
4
2
'
-
0
"
LEASE LINE
6 2 ' - 0 "
7 7 ' - 0 "
1 2 4 ' - 0 "
7 7 ' - 0 "
6 2 ' - 0 "
6 8 ' - 0 "
1 0 4 ' - 0 "
6 8 ' - 0 "
1 0 4 ' - 0 "
2D
1D
8
0
'
-
0
"
8
0
'
-
0
"
RR
OF
RR
OF
RR
OF
RR
OF
FUTURE LOCATION OF
DISCOVERY AIR
CONCRETE
ASPHALT
MONUMENT SIGN
1C
2A
1A
1B
2B
4B
5B
6B
3B
1B
2B
4B
5B
6B
3B
RR
OF
RR
OF
1C
2A
1A
1C
2A
1A
1
6
0
'
-
0
"
R R
O F
R R
O F
R R
5
6
'
-
0
"
5
6
'
-
0
"
5
6
'
-
0
"
3780 EAST 15TH STREET, SUITE 201
LOVELAND, COLORADO 80538
www.hauserarchitectspc.com09.16.2019
HOMESTEAD HANGARS SITE PLAN
1" = 40'-0"1 GRAPHIC SITE PLAN
0 80 120 16040
GRAPHIC SCALE
NORTH
PROJECT FACTS
5 BUILDINGS
23 HANGARS
TOTAL SQUARE FOOTAGE - 76,856 SF
PRIVATE OFFICE SUITES
HANGAR MIX
Hangar Type Hangar Size Door Size COUNT
UNIT
AREA
TOTAL
UNIT AREA % MIX
(A)RG62-65 62' X 65' 64'-6" x 18' 6 4030 SF 24180 SF 26.1%
(B) RG52-56 52' X 56' 55'-6" x 16' 12 2912 SF 34944 SF 52.2%
(C) RG62-42 (Custom) 62' X 42' 41'-6" x 12' 3 2604 SF 7812 SF 13.0%
(D)RG62-80 62' X 80' 64'-6" x 18' 2 4960 SF 9920 SF 8.7%
Grand total: 23 23 76856 SF
Exhibit B
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Item 14.
Payment Date Payment Principal Interest Total Interest Balance
Sep 2022 $4,321.17 $3,801.84 $519.33 $519.33 $109,505.67
Oct 2022 $4,321.17 $3,819.27 $501.90 $1,021.23 $105,686.40
Nov 2022 $4,321.17 $3,836.77 $484.40 $1,505.62 $101,849.63
Dec 2022 $4,321.17 $3,854.36 $466.81 $1,972.43 $97,995.28
Jan 2023 $4,321.17 $3,872.02 $449.15 $2,421.58 $94,123.26
Feb 2023 $4,321.17 $3,889.77 $431.40 $2,852.98 $90,233.49
Mar 2023 $4,321.17 $3,907.60 $413.57 $3,266.55 $86,325.89
Apr 2023 $4,321.17 $3,925.51 $395.66 $3,662.21 $82,400.39
May 2023 $4,321.17 $3,943.50 $377.67 $4,039.88 $78,456.89
Jun 2023 $4,321.17 $3,961.57 $359.59 $4,399.47 $74,495.32
Jul 2023 $4,321.17 $3,979.73 $341.44 $4,740.91 $70,515.59
Aug 2023 $4,321.17 $3,997.97 $323.20 $5,064.10 $66,517.62
Sep 2023 $4,321.17 $4,016.29 $304.87 $5,368.98 $62,501.33
Oct 2023 $4,321.17 $4,034.70 $286.46 $5,655.44 $58,466.62
Nov 2023 $4,321.17 $4,053.19 $267.97 $5,923.41 $54,413.43
Dec 2023 $4,321.17 $4,071.77 $249.39 $6,172.81 $50,341.66
Jan 2024 $4,321.17 $4,090.43 $230.73 $6,403.54 $46,251.23
Feb 2024 $4,321.17 $4,109.18 $211.98 $6,615.52 $42,142.04
Mar 2024 $4,321.17 $4,128.02 $193.15 $6,808.68 $38,014.03
Apr 2024 $4,321.17 $4,146.94 $174.23 $6,982.91 $33,867.09
May 2024 $4,321.17 $4,165.94 $155.22 $7,138.13 $29,701.15
Jun 2024 $4,321.17 $4,185.04 $136.13 $7,274.26 $25,516.12
Jul 2024 $4,321.17 $4,204.22 $116.95 $7,391.21 $21,311.90
Aug 2024 $4,321.17 $4,223.49 $97.68 $7,488.89 $17,088.41
Sep 2024 $4,321.17 $4,242.84 $78.32 $7,567.21 $12,845.57
Oct 2024 $4,321.17 $4,262.29 $58.88 $7,626.09 $8,583.28
Nov 2024 $4,321.17 $4,281.83 $39.34 $7,665.43 $4,301.45
Dec 2024 $4,321.17 $4,301.45 $19.71 $7,685.14 $0.00
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Council Agenda Item Summary – City of Fort Collins Page 1 of 5
May 21, 2024
AGENDA ITEM SUMMARY
Council
STAFF
Ryan Mounce, City Planner
Kai Kleer, Senior City Planner
SUBJECT
Items Relating to the I-25 & Mulberry Annexation.
EXECUTIVE SUMMARY
A. Resolution 2024-069 Setting Forth Findings of Fact and Determinations Regarding the I-25 & Mulberry
Annexation.
B. Public Hearing and First Reading of Ordinance No. 072, 2024, Annexing the Property Known as the I-
25 & Mulberry Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex a 46.92-acre property located at the NE Corner of the I-25 and East
Mulberry interchange. A specific project development plan proposal is not included with the annexation
application. The Initiating Resolution was adopted on April 16, 2024. A related item to zone the annexed
property is presented as the next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Introduction
This is a 100% voluntary annexation of a 47-acre property located at the northeast corner of I-25 and
East Mulberry Street. The property is currently and has historically been used in an agricultural capacity.
The site is bound by NE Frontage Road to the west, former Heli-One industrial building to the north,
Cloverleaf Community to the east and Sunstate Equipment Rental/East Mulberry Street to the south.
As noted, no development proposal was submitted in conjunction with this application, however, the
property is overlaid by a metro district which outlines the desire to design and construct roadway and
utility infrastructure to suite approximately 400,000+ square feet of retail and light industrial/flex space.
Page 215
Item 15.
Council Agenda Item Summary – City of Fort Collins Page 2 of 5
Larimer County and City of Fort Collins Intergovernmental Agreement
The property is located within the Fort Collins Growth Management Area (GMA) and according to
policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to
consider annexation of property in the GMA when the property is eligible for annexation according to
State law.
Contiguity Requirements
The subject property gains the required one-sixth contiguity to existing City limits from a common
perimeter boundary with city limits of 3,811 feet or 62%, which satisfies the one-sixth (16%) required by
State Statue. Contiguity is gained from the East Gateway Annexation (2018), Interchange Business
Park Third Annexation (2006), and I-25 Third Annexation (2017).
Mulberry Frontage Metro District
Metro districts are independent local government units designed to finance and manage public
infrastructure. Colorado law empowers them to provide services such as water, sewer, roads, storm
drainage, parks, and sometimes fire protection. They are governed by elected boards that establish
policies, set budgets, and raise funds through property taxes, fees for service, and by issuing bonds.
As outlined in the Initiating Resolution for this annexation, the Mulberry Frontage Metropolitan District
(MFMD) was approved and established by Larimer County in 2017. The annexation area/parcel
boundary matches the service area of the District.
Mulberry Frontage Metro District Service Plan
A fundamental component of establishing a metro district is the development of a service plan, which is
required by Colorado law. The service plan outlines the metro district's powers, governance,
boundaries, land use, financing, and descriptions of services.
The MFMD Service Plan (Plan) anticipates financing infrastructure that includes the design and
construction of a realigned Frontage Road, two commercial local streets, utility infrastructure (water,
sanitary, and storm sewer), and detention pond infrastructure. The Plan acknowledges that East Larimer
County Water District, Boxelder Sanitation District, and Poudre Fire Authority will continue to provide
services, and that infrastructure would be designed according to their specifications.
The District’s Plan anticipates only commercial and light industrial development with a projected
residential population of zero at build-out. Should the District propose the addition of residential land
uses, Larimer County considers this a material modification of the Service Plan and would require
additional review and approval.
To implement the Service Plan, the MFMD will be required to enter into an intergovernmental agreement
(IGA) with Larimer County. City staff have communicated with Larimer County Community Development
staff and District representatives. The District has expressed its position that it is not interested in
modifying the Service Plan to allow the City of Fort Collins to have oversight or a regulatory role
regarding the MFMD.
Since this is an existing metro district, Council could consider either:
Entering into an Annexation Agreement that would run with the land.
Entering into an Intergovernmental Agreement with the District.
Page 216
Item 15.
Council Agenda Item Summary – City of Fort Collins Page 3 of 5
However, the District and developer have expressed opposition to any such agreement.
In the table below, staff have compared the MFMD's existing Service Plan to the City's Model Service
Plan, highlighting major differences.
Comparison Point Existing Metro District City Metro District
Policy
Considerations
for Annexation
Public Improvements
and Services
Under Colorado Law,
metro districts can
provide fire, mosquito
spraying, parks and
recreation, safety
protection, sanitation,
solid waste disposal,
street improvement,
television relay,
transportation, and
water services within
their geographic service
territory.
The Mulberry Frontage
Metro District Service
Plan indicates that the
district does not plan to
own or operate water,
fire, or sanitation
facilities, however it
reserves the right to,
“have and exercise all
rights and powers
necessary or incidental
to, or implied from, the
specific power granted
to the District in the
Service Plan and the
Act.”
The City restricts the
ability for metro districts
to provide policing or
other security services,
water and wastewater
treatment facility, sales
and use tax, television
relay and translation
restriction, golf courses,
grant funding, and fire
protection.
Council may
require an
annexation
agreement or an
IGA with the
District to restrict
services that are
not aligned with
the City’s current
policies.
The Service Plan
explicitly states
that it does not
anticipate
providing water,
wastewater, or fire
service of it’s own.
Alignment with City
Priorities and
Extraordinary Public
Benefits
County Metro District
Policy does not require
extraordinary public
benefits.
The City of Fort Collins
evaluates non-
residential districts
based on Environ-
mental Sustainability
Outcomes, Critical
Public Infrastructure,
Smart Growth
Management, and other
Strategic Priorities such
as affordable housing,
workforce housing,
infill/redevelopment,
and economic health
outcomes.
Council could
request an
annexation
agreement with the
developer that
requires any future
development to
meet the
performance
criterion of the
City’s Metro
District Policy.
Page 217
Item 15.
Council Agenda Item Summary – City of Fort Collins Page 4 of 5
Comparison Point Existing Metro District City Metro District
Policy
Considerations
for Annexation
Other Powers The existing Service
Plan allows for the use
of eminent domain.
City policy does not
allow metro districts to
exercise the power of
eminent domain but
rather the City could
utilize eminent domain
on their own projects
within the District.
Council may
request that the
Metro District enter
into an agreement
that would both
prohibit general
use of eminent
domain and limit its
use in specific
projects.
Eminent Domain is
a very lengthy
process that
carries significant
financial risks for
the District due to
potential litigation
costs and high
compensation
awards.
Max Mills The County allows up to
65 mills for debt service
and operations and
maintenance (O&M),
with a maximum of 15
mills for O&M.
The City has a stricter
limit of 50 mills total for
debt service and O&M,
with a maximum of 10
mills dedicated to O&M.
City policy allows for
increased mill levies
beyond the standard
limit for commercial
districts, subject to
Council approval.
The City and Metro
District could enter
into an agreement
with the District to
reduce the max
mills.
Debt Term Limit The Service Plan
indicates a debt service
limit of 50-years.
The City limits debt
service term to no more
than 40-years.
The Council should
consider whether
to require the
Metro District to
amend its Service
Plan to align with
the City's 40-year
debt term limit.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission will vote on this annexation and zoning at its May 16, 2024, meeting.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct significant financial/economic impacts.
Future development will trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins
Police Services. Should development occur, water utility services will be provided by the East Larimer
Page 218
Item 15.
Council Agenda Item Summary – City of Fort Collins Page 5 of 5
Water District (ELCO), wastewater utility service will be provided by the Boxelder Sanitation District, and
electric service will be provided by Fort Collins Light and Power.
PUBLIC OUTREACH
A neighborhood meeting was held September 22, 2022, to jointly share information and discuss the
proposed annexation and associated Overall Development Plan for the site. All other notification
requirements as required by state and local law have been met.
A majority of questions and concerns discussed at the meeting related to future transportation access and
development potential of the associated Overall Development Plan. Key topics related to annexation
include:
Zoning boundaries in relation to the proposed realignment of the Frontage Road.
Whether the Cloverleaf Mobile Home Park would also be annexed into the City?
ATTACHMENTS
1. Resolution for Consideration
2. Ordinance for Consideration
3. Vicinity Map
4. Applicant Narrative
5. Annexation Petition
6. Annexation Plat Map
Page 219
Item 15.
-1-
RESOLUTION 2024-069
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE I-25 & MULBERRY ANNEXATION
A. Pursuant to Resolution 2024-061, annexation proceedings were initiated by
the City Council for property to be known as the I-25 & Mulberry Annexation (the
“Property”).
B. Following notice given as required by law, the City Council held a hearing
on said annexation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the petition for annexation of the
Property complies with the Municipal Annexation Act (the “Act”), Colorado Revised
Statutes Section 31-12-101, et seq.
Section 2. The City Council hereby finds that there is at least one-sixth (1/6)
contiguity between the City and the Property proposed to be annexed; that a community
of interest exists between the Property proposed to be annexed into the City; that said
Property is urban or will be urbanized in the near future; and that the Property is integrated
with or is capable of being integrated with the City.
Section 3. The City Council further determines that the applicable parts of the
Act have been met, that an election is not required under the Act, and that there are no
other terms and conditions to be imposed upon said annexation.
Section 4. The City Council further finds that notice was duly given, and a
hearing was held regarding the annexation in accordance with the Act.
Section 5. The City Council concludes that the Property is eligible for
annexation to the City and should be so annexed.
Page 220
Item 15.
-2-
Passed and adopted on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 21, 2024
Approving Attorney: Brad Yatabe
Page 221
Item 15.
-1-
ORDINANCE NO. 072, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE I-25 & MULBERRY
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
A. On April 16, 2024, City Council adopted Resolution 2024-061, finding
substantial compliance and initiating annexation proceedings for the I-25 & Mulberry
Annexation, as defined therein and described below.
B. Resolution 2024-069 setting forth findings of fact and determinations
regarding the I-25 & Mulberry Annexation was adopted concurrently with the first reading
of this Ordinance.
C. The City Council has determined that it is in the best interests of the City to
annex the property to be known as the I-25 & Mulberry Annexation as described below
(the “Property”) to the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby incorporates the findings of Resolution
2024-061 and Resolution 2024-069 and further finds that it is in the best interests of the
City to annex the Property to the City.
Section 2. The Property, more particularly described as:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION
10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX,
AND AT THE WEST QUARTER CORNER BY A 2"ALUMINUM CAP STAMPED "
LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10,
THENCE N70°26'24"E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT -OF-WAY LINE OF
INTERSTATE 25, AND THE POINT OF BEGINNING;
Page 222
Item 15.
-2-
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6)
COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE
SOUTHWESTERLY CORNER OF THAT PROPERTY RECORDED
UNDER RECEPTION NO. 20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, S89°19'40"E A
DISTANCE OF 1241.28 FEET, TO A POINT ON THE WESTERLY LINE OF THAT
PROPERTY RECORDED UNDER RECEPTION NO. 2002051529;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1727.08
FEET, TO THE NORTHEASTERLY CORNER OF THAT PROPERTY
RECORDED UNDER RECEPTION NO. 20120069518;
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY,
THE FOLLOWING FOUR (4) COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF
BEGINNING. CONTAINING A CALCULATED AREA OF 2,043,904
SQUARE FEET OR 46.9216 ACRES
is hereby annexed to the City of Fort Collins and made a part of said City, to be known
as the I-25 & Mulberry Annexation, which annexation shall become effective upon
completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section
31-12-113, including, without limitation, all required filings for recording with the Larimer
County Clerk and Recorder.
Section 3. In annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric
service lines, streets or any other services or utilities in connection with the Property
hereby annexed except as may be provided by ordinances of the City.
Section 4. The City hereby consents, pursuant to C.R.S. Section 37-45-
136(3.6), to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado
Water Conservancy District.
Page 223
Item 15.
-3-
Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Brad Yatabe
Page 224
Item 15.
Page 225
Item 15.
ATTACHMENT “D”
I-25 & MULBERRY ANNEXATION NARRATIVE
The following is the required narrative described in the Fort Collins Land Use Code for a proposed
annexation. The Annexor does not propose any conditions of annexation with this Petition and Zoning
request.
4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area.
The I-25 and Mulberry property is generally located at the northeast corner of I-25 and Mulberry Street.
The property is currently vacant and has been historically used for irrigated agricultural farming activities.
The subject property is located within the City’s Growth Management Area (GMA) and therefore, is
subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County.
The IGA requires that before urban development of the property can occur it must request to be annexed
into the City of Fort Collins. The boundary of the GMA, together with the IGA, verifies that the City and
County agree that the property should be annexed prior to its development. The applicant agrees that
this is both appropriate and desirable.
The Owner of the property is requesting annexation and zoning for commercial, retail, and industrial uses
consistent with the intent of the City’s Structure Plan and the I-25 Subarea Plan. The Subject property is
approximately 46.92 acres in size and meets the statutory requirements of one-sixth or greater contiguity
to the City of Fort Collins Municipal Boundary in order to be considered for annexation. The proposal is
to annex the property to the City of Fort Collins and Zone the western portion of the property, being
approximately 17.29 acres, CG - General Commercial with the remaining eastern portion of the property,
being 29.63 acres to be Zoned I - Industrial. Primary access to the subject property will be provided
through the site with the construction of the realigned I-25 NE Frontage Road, which in the future will be
extended to the intersection of Mulberry Street located just south of the property. The realigned I-25
Frontage Road will extend through the site and connect to the existing I-25 NE Frontage Road located at
the Northwest corner of the property, additional there will be vehicular access provided to the east with
a connection being made to Spruce Lane.
It is proposed to abandon the existing Northeast I-25 Frontage Road, which is located immediately south
and along a large portion of the western boundary of the property. It will be relocated interior to the
property. The Mulberry Frontage Metropolitan District (“MFMD”) will complete the I-25 East Frontage
Road realignment. CDOT and the MFMD believes it will be beneficial to relocate the Frontage Road based
on the following:
• The realignment of the NE I-25 Frontage Road is necessary to help advance planned
improvements to property adjacent to the realigned Frontage Road.
• The realignment of the NE I-25 Frontage Road is anticipated to improve operations at the
intersection of Mulberry Street, I-25 Frontage Road, and Cloverleaf Way, which currently requires
additional signal phases due to the current configuration.
• CDOT recognized the need in 2005 for the NE I-25 Frontage Road to be realigned as part of the I-
25 & Mulberry Street interchange reconstruction and purchased a Deed of Covenant, reserving a
portion of property on the north side of Mulberry Street for future development of a new I-25
frontage road.
Page 226
Item 15.
As a result of the recent NE I-25 and Mulberry Street Interchange Improvements and the proposed
abandonment and realignment of the NE I-25 Frontage Road coupled with other recent developments
within close proximity of the subject property, the Owner of the subject property recognizes that the
development of the property, consistent with the City’s CG - General Commercial and I - Industrial Zone
Districts would be the best possible use of the i-25 & Mulberry property. Additionally the Owner believes
that the development of the property will provide a significant economic benefit to the City of Fort Collins
and greatly improving the overall safety and traffic operations at the Mulberry and I-25 Intersection.
4(h) A description of the zoning classification being requested and any condition requested for that zone
district classification.
The Applicant is requesting a Zone District Classification of CG - General Commercial: 17.29 acres and I –
Industrial: 29.63 acres, which is in general conformance with the City of Fort Collins Structure Plan. There
are no conditions of zoning being requested at this time.
4(i) A statement of consistency of the requested zoning to the Structure Plan.
The City’s Structure Plan describes the southernmost third of the I-25 & Mulberry property as being a
Suburban Mixed-Use District and the remaining northern portion as an Industrial District.
City Plan Structure Plan states:
The Structure Plan Map and Place Types - or land use categories provide a framework for the ultimate
buildout of Fort Collins and plays a critical role in helping the community achieve its vision over the next
10 - 20 years.
The City’s Structure Plan and associated Place Types:
• Guides future growth and reinvestment and serves as official land use plan for the City;
• Informs planning for infrastructure and services;
• Fosters coordinated land use and transportation decisions within the city and region; and
• Helps implement principles and policies.
Suburban Mixed-Use District - Key Characteristics as stated by the City Plan Structure Plan
City Plan Structure Plan states:
Principal Land Use
Retail, restaurants, office and other commercial services
Supporting Land Use
High-Density Residential, Entertainment, Childcare Centers and other Supporting Uses
Density
Densities and building heights will vary; building heights will generally be between one and five stories,
however, may be higher in some locations.
Key Characteristics/Considerations
Page 227
Item 15.
• Walkable mixed-use districts that provide a range of retail and commercial services, as well as
high-density residential.
• Uses should be supported by direct pedestrian and bicycle linkages to surrounding neighborhoods,
as well as by BRT or High-frequency bus service.
Typical Types of Transit
Varies depending on density and surrounding context, but generally served by fixed-route service at
frequencies of between 30 and 60 minutes; higher-frequency service may exist where densities are
sufficient to support it.
Zoning Consistency with Structure Plan
Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the
CG - General Commercial Zone District will best promote the Goals and Objectives of the Suburban Mixed-
Use District.
Industrial District - Key Characteristics as stated by the City Plan Structure Plan
City Plan Structure Plan states:
Principal Land Use
Industrial land uses such as manufacturing, assembly plants, primary metal and related industries;
vehicle-related commercial uses; warehouses, outdoor storage yards and distribution facilities; and flex
space for small, local startups as well as large national or regional enterprises.
Supporting Land Use
Restaurants, convenience retail and other supporting services
Density
Varies
Key Characteristics/Considerations
• Areas dedicated for a variety of more-intensive work processes and other uses of similar character;
• Typically located away from residential neighborhoods.
• Transportation facilities in Industrial Districts should promote the efficient movement of
commercial truck and/or access to rail.
• Supported by direct pedestrian and bicycle linkages from surrounding areas, as well as transit in
some locations.
Typical Types of Transit
Limited due to low population and low employment densities; however, fixed-route service at frequencies
exist in some locations.
Zoning Consistency with Structure Plan
Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the I
– Industrial Zone Districts will best promote the Goals and Objectives of the City’s Structure Plan.
Page 228
Item 15.
revised 3/31/08
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of
the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the
_______________________________________________________ Annexation to the City of Fort
Collins. Said area, consisting of approximately ____________________ (_____) acres, is more
particularly described on Attachment “A,” attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been
met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations respecting the
construction of water mains, sewer lines, gas mains, electric service lines, streets or any
other services or utilities in connection with the property proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area
be placed in the _____________Zone District pursuant to the Land Use Code of the City of Fort Collins.
Page 229
Item 15.
Page 230
Item 15.
ATTACHMENT “A”
LEGAL DESCRIPTION OF I-25 & MULBERRY ANNEXATION AREA:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF
BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6) COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT
PROPERTY RECORDED UNDER RECEPTION NO. 20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, S89°19'40"E A DISTANCE OF 1241.28 FEET, TO A
POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1727.08 FEET, TO THE NORTHEASTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518;
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4)
COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,043,904 SQUARE FEET OR 46.9216 ACRES.
Page 231
Item 15.
ATTACHMENT “A1”
PARCEL 1 LEGAL DESCRIPTION: CG – GENERAL COMMERCIAL ZONE DISTRICT
A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF
BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6) COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. THENCE N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT
PROPERTY RECORDED UNDER RECEPTION NO. 20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, THENCE S89°19'40"E A DISTANCE OF 400.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, THE FOLLOWING FIVE (5) COURSES:
1. S00°40'20"W A DISTANCE OF 591.74 FEET;
2. S44°30'21"W A DISTANCE OF 127.98 FEET;
3. S00°29'39"E A DISTANCE OF 256.82 FEET, TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF
88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT;
5. S89°22'14"E A DISTANCE OF 333.27 FEET;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 198.69 FEET, TO THE NORTHEASTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518;
Page 232
Item 15.
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4)
COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 753,127 SQUARE FEET OR 17.2894 ACRES.
Page 233
Item 15.
ATTACHMENT “A2”
PARCEL 2 LEGAL DESCRIPTION: I – INDUSTRIAL ZONE DISTRICT
A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N3°41'03"E A DISTANCE OF
2153.64 FEET TO A POINT TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY RECORDED UNDER
RECEPTION NO. 20050043464 AND THE POINT OF BEGINNING;
THENCE ON SAID SOUTHERLY LINE, S89°19'40"E A DISTANCE OF 841.28 FEET, TO A POINT ON THE
WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529;
THENCE ON THE SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1528.39 FEET;
THENCE DEPARTING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES:
1. N89°22'14"W A DISTANCE OF 333.27 FEET, TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE
OF 88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT;
3. N00°29'39"W A DISTANCE OF 256.82 FEET;
4. N44°30'21"E A DISTANCE OF 127.98 FEET;
5. N00°40'20"E A DISTANCE OF 591.74 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,290,778 SQUARE FEET OR 29.6322 ACRES.
Page 234
Item 15.
Page 235
Item 15.
ATTACHMENT “C”
ATTORNEY CERTIFICATION
I, Timothy L. Goddard , an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition*
for the area referred to as the I25 & Mulberry Annexation to the City of Fort
Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that
said owners constitute more than 50% of the landowners in the area proposed for annexation, as said
area is described on Attachment “A” of said Annexation Petition, and own more than 50% of the land
in said area, exclusive of streets and alleys.
November 17, 2023 17645
Date Signature Attorney Reg. No.
*Miller Mokler, LLC, a Colorado limited liability company, is the record owner of the property being
annexed.
Page 236
Item 15.
A Westrian Company
I-25 AND MULBERRY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.
COUNTY OF LARIMER, STATE OF COLORADO
·
·
·
Page 237
Item 15.
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Kai Kleer, Senior City Planner
Ryan Mounce, City Planner
SUBJECT
Public Hearing and First Reading of Ordinance No. 073, 2024, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the I-25 & Mulberry
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map and Lighting Context Area Map.
EXECUTIVE SUMMARY
The purpose of this item is to zone the property included in the I-25 & Mulberry Annexation into the
Industrial (I), and General Commercial (CG) zone districts and place the property into the LC2 Lighting
Context Area and Non-residential Sign District.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is Industrial (I) and General Commercial (CG) zone districts,
which is in alignment with the City of Fort Collins Structure Plan, I-25 Subarea Plan and East Mulberry
Plan. The I-25 & Mulberry Annexation area is currently and has historically been used for an agricultural
capacity. Directly west of the property is the Frontage Road/I-25, directly north abutting the property line
is the former Heli-One building (County). The property to the east contains the Cloverleaf Manufactured
Housing Community (County) which also acts as the eastern most boundary of the East Mulberry
Enclave, and the south property line abuts Sunstate Rental (County).
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Item 16.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Use
N Larimer County Light Industrial (IL) Vehicle Services and Modification
S General Commercial (CG) Equipment Rental, Hotel, Fuel Sales, Emissions
Testing
E
Larimer County Manufactured
Home Park (MHP) and Commercial
Corridor (CC) Manufactured Housing Community
W
Larimer County Commercial
Corridor (CC) Miscellaneous retail and light industrial uses
City of Fort Collins Structure Plan
The Structure Plan Map found in City Plan provides the broadest land use guidance applicable to the
site and potential zoning via Place Type designations. Place Types describe the general land -uses,
densities, and transportation characteristics for an area to help guide potential zoning when properties
are annexed into the City.
The Structure Plan Map indicates opportunity for both the ‘Suburban Mixed-Use’ and ‘Industrial’ place
types for the site, indicating a mix of mixed-use and industrial development potential are appropriate.
This designation follows similar land use patterns nearby, including commercial uses to the south, and
a mix of commercial and industrial development at the northwest and southwest corners of the
interchange.
Structure Plan Map
SITE
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Item 16.
The characteristics of these Place Types include:
Suburban Mixed-Use:
Principal Land Use: Retail, restaurants, office, and other commercial services. Supporting Land
Use: High-density residential, entertainment, childcare centers, and other supporting uses.
Densities and building heights will vary; building heights will generally be between one and five-
stories but may be higher in some locations.
Mixed-use districts provide opportunities for a range of retail and commercial services, office
and employment, multifamily residential, civic, and other complementary uses in a compact,
pedestrian and transit-supportive setting. Suburban Mixed-Use Districts help meet the needs of
surrounding neighborhoods and populations beyond. Although largely auto-oriented today, the
integration of higher-density residential and a broader mix of retail/ restaurants, office and
entertainment uses is encouraged to help reinvigorate underutilized centers, expand housing
options where transit exists or is planned, and improve access to services and amenities in both
existing and new districts.
The Suburban Mixed-Use Place Type is most commonly associated with the City’s commercial zoning
districts, including the General Commercial (CG) District proposed for portions of the annexation.
Industrial:
Principal Land Use: Industrial land uses such as manufacturing, assembly plants, primary
metal and related industries; vehicle-related commercial uses; warehouses, outdoor storage
yards and distribution facilities; and flex space for small, local startups as well as large national
or regional enterprises. Supporting Land Use: Restaurants, convenience retail and other
supporting services. Densities and building heights vary.
Employment districts encourage and support a variety of employment opportunities in Fort
Collins—ranging from those oriented toward education, research, entrepreneurship, and
business incubators, to those that endeavor to turn knowledge into products, processes, and
services, to those oriented toward industrial, manufacturing and logistics.
The Industrial Place Type typically corresponds to the Industrial (I) Zone District, which is proposed for
the site.
While the proposed zoning is consistent with the Structure Plan Map Place Types in composition and
approximate size (acres), notably, the boundary and shape differ. This is due to CDOT’s proposed
realignment of the Frontage Road which will shift the street inward into the site and parallel to the
interstate versus its current position directly adjacent and parallel to the interstate. The proposed zoning
boundaries follows this new alignment and staff support the new zoning boundaries which will create a
more logical and orderly pattern for development versus what is illustrated on the Structure Plan Map
before the CDOT roadway realignment was known.
The Structure Plan map also encourages the use of more specific land use guidance for sites when
subarea and neighborhood plans have been approved. At this location, both the East Mulberry Plan
and the I-25 Subarea Plan provide guidance.
I-25 Subarea Plan
The I-25 Subarea Plan was adopted in 2003 and establishes transportation and land-use guidance for
the entire I-25 corridor through the community. The Land Use Plan identifies the site as a commercial
corridor with adjacent industrial zoning to the north. The Plan also identifies the area around the I-25
and Mulberry interchange as an Activity Center, which will require enhanced design and land use
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Item 16.
considerations during development of the site and the Land Use Code’s supplemental I-25 Subarea
Plan standards.
The I-25 Subarea Plan designated the total site for commercial zoning rather than a mix of commercial
and industrial zoning as proposed. The commercial zoning is in part due to the possibility the area could
host a regional or community shopping center. Little interest in a retail center of this scale has been
discussed for the site in the 20+ years since adoption of the I-25 Subarea Plan, and internally, staff no
longer feel the site is as well suited towards this goal given shifts in land use, transportation, and the
commercial/retail market. Much of the potential retail activity originally envisioned for this location has
shifted further west along Mulberry Street to the proposed Bloom and Peakview Developments near
Mulberry Street and Greenfields Court.
The loss of a larger commercial zoning site may be appropriately backfilled by the proposed Industrial
zoning, which is consistent with the Structure Plan Map and the much more recent East Mulberry Plan,
as well as the consistency of other quadrants of the interchange which feature mixed
commercial/industrial zoning.
East Mulberry Plan
The East Mulberry Plan was adopted in December 2023 and updated the original 2002 East Mulberry
Corridor Plan. The update provides renewed land use and policy guidance for the Mulberry corridor,
including the subject property. The Plan’s land use framework shifted from one based on zoning to
place types to match the City Plan Structure Map, and the land use guidance illustrated below matches
the current Structure Plan Map with indications for a mix of Suburban Mixed-Use and Industrial place
types.
Site
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Item 16.
Similar to the Structure Plan analysis described above, the land use guidance provided by the East
Mulberry Plan matches the proposed (CG) and (I) zoning in size but differs in shape due to more recent
knowledge of CDOT’s plan to alter the alignment of the I-25 Frontage Road. Staff supports the
requested zoning boundary changes to match this shift in roadway alignment to create a more logical
and orderly pattern of development.
Further, the proposed CG and I zoning promotes policy guidance related to the I-25 Interchange
Character Area, specifically:
1.N.1 Preserve existing agricultural and industrial businesses through land use guidance and zoning
upon annexing into the City of Fort Collins. See Section 4 of the Plan for more specific
recommendations related to existing agricultural and industrial businesses around the I-25 Interchange.
3.N.1 Collaborate with CDOT to redesign and reconstruct the I-25 and Mulberry interchange,
incorporating design enhancements that align with Fort Collins’ character.
7.N.3 Enhance the safety, aesthetics, and functionality of the I-25 interchange.
The CG and I zoning allows for a combination of commercial and industrial services and businesses to
occupy the site while working with CDOT to realign the Frontage Roads in anticipation of the future
redesign of the I-25 and Mulberry interchange. The altered shape of the commercial zoning adjacent to
the highway mirrors existing zoning on other quadrants of the interchange and may serve to enhance
the aesthetics by limiting certain lower quality industrial activities (i.e., outdoor storage) from public
visibility.
Site
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Item 16.
Sign District
Given the proposed commercial and industrial zoning, staff recommend the property be placed in the
Non-Residential Sign District.
Lighting Context Area
On March 26, 2021, the City of Fort Collins adopted new exterior lighting standards and established
Lighting Context Areas that correspond to the City’s zone districts. The corresponding districts identified
by Table 3.2.4-1 of the City’s lighting code is LC2 for the General Commercial and Industrial zone
districts, accordingly, staff recommends placement of the property into the LC2 Lighting Context Area.
LC2 - Moderate ambient lighting. Areas of human activity where the vision of human residents and
users is adapted to moderate light levels. Lighting may typically be used for safety and convenience,
but it is not necessarily uniform or continuous. Typical locations include high density residential areas,
shopping and commercial districts, industrial parks and districts, City playfields and major institutional
uses, and mixed-use districts.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission will vote on this annexation and zoning at its May 16, 2024,
meeting.
CITY FINANCIAL IMPACTS
None.
PUBLIC OUTREACH
A neighborhood meeting was held September 22, 2022, to jointly share information and discuss the
proposed annexation and associated Overall Development Plan for the site. All other notification
requirements as required by state and local law have been met.
A majority of questions and concerns discussed at the meeting related to future transportation access
and development potential of the associated Overall Development Plan which remains under review.
Key topics related to annexation include:
Zoning boundaries in relation to the proposed realignment of the Frontage Road; and
Whether the Cloverleaf Mobile Home Park would also be annexed into the City.
ATTACHMENTS
1. Ordinance for Consideration
2. Vicinity Map
3. Petition
4. Applicant Narrative
5. Annexation Map
6. Structure Plan Map
7. East Mulberry Plan Framework Map
8. Fort Collins I-25 Subarea Plan Land Use Plan Map
9. Existing Zoning Map
10. Lighting Context Area Map
11. Lighting Context Map with Annexation
12. Zoning Plat Map
13. Residential Sign District Map
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Item 16.
-1-
ORDINANCE NO. 073, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE I-25 & MULBERRY ANNEXATION TO THE CITY OF FORT
COLLINS, COLORADO, AND APPROVING CORRESPONDING
CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT
MAP AND LIGHTING CONTEXT AREA MAP
A. On June 4, 2024, the City Council adopted on second reading Ordinance
No. 072, 2024, annexing to the City of Fort Collins the property known as the I-25 &
Mulberry Annexation (the “Property”).
B. Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City.
C. Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land .
D. Pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning
Commission, at its meeting on May 16, 2024, voted to [not] recommend zoning the
Property to be known as the I-25 & Mulberry Annexation (the “Property”) as General
Commercial and Industrial Zone Districts as more particularly described below and
determined that the proposed zonings are consistent with the City’s Comprehensive Plan .
E. The City Council has determined that the proposed zonings of the Property
are consistent with the City’s Comprehensive Plan.
F. To the extent applicable, the City Council has also analyzed the proposed
zonings against the applicable criteria set forth in Secti on 2.9.4(H)(3) of the Land Use
Code and finds the proposed zonings to be in compliance with all such criteria .
G. In accordance with the foregoing, the City Council has considered the
zonings of the Property as described below, finds it to be in the best int erests of the City,
and has determined that the Property should be zoned as hereafter provided .
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and
amended by including the following portion of the Property in the General Commercial
(“CG”) Zone District as more particularly described as:
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Item 16.
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A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO.
2009006924 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND
RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3" BRASS
CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR
N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE
N70°26'24"E A DISTANCE OF 648.39 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6)
COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. THENCE N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.
20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, THENCE S89°19'40"E A
DISTANCE OF 400.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, THE
FOLLOWING FIVE (5) COURSES:
1. S00°40'20"W A DISTANCE OF 591.74 FEET;
2. S44°30'21"W A DISTANCE OF 127.98 FEET;
3. S00°29'39"E A DISTANCE OF 256.82 FEET, TO A POINT OF CURVE;
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Item 16.
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4. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00
FEET, A CENTRAL ANGLE OF 88°52'35" AND AN ARC LENGTH OF 930.71
FEET, TO A POINT OF TANGENT;
5. S89°22'14"E A DISTANCE OF 333.27 FEET;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 198.69 FEET, TO
THE NORTHEASTERLY CORNER OF THAT PROPERTY RECORDED UNDER
RECEPTION NO. 20120069518;
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE
FOLLOWING FOUR (4) COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 753,127 SQUARE FEET OR 17.2894
ACRES.
Section 2. The Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and
amended by including the following portion of the Property in the Industrial (“I”) Zone
District as more particularly described as:
A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO.
2009006924 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND
RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRIN CIPAL
MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3" BRASS
CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR
N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE
N3°41'03"E A DISTANCE OF 2153.64 FEET TO A POINT TO A POINT ON THE
SOUTHERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO.
20050043464 AND THE POINT OF BEGINNING;
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Item 16.
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THENCE ON SAID SOUTHERLY LINE, S89°19'40"E A DISTANCE OF 841.28 FEET,
TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER
RECEPTION NO. 2002051529;
THENCE ON THE SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1528.39
FEET; THENCE DEPARTING SAID WESTERLY LINE THE FOLLOWING FIVE (5)
COURSES:
1. N89°22'14"W A DISTANCE OF 333.27 FEET, TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00
FEET, A CENTRAL ANGLE OF 88°52'35" AND AN ARC LENGTH OF 930.71
FEET, TO A POINT OF TANGENT;
3. N00°29'39"W A DISTANCE OF 256.82 FEET;
4. N44°30'21"E A DISTANCE OF 127.98 FEET;
5. N00°40'20"E A DISTANCE OF 591.74 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,290,778 SQUARE FEET OR
29.6322 ACRES.
Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(M) of
the Land Use Code of the City of Fort Collins is hereby changed and amended by showing
that the Property described herein is not included in the Residential Neighborhood Sign
District.
Section 4. That the Lighting Context Area Map adopted pursuant to Section
3.2.4(H) of the Land Use Code of the City of Fort Collins is hereby changed and amended
by showing that the Property described herein is included in the LC2 Lighting Context
Area.
Section 5. That the City Manager is hereby authorized and directed to amend
said Zoning Map in accordance with this Ordinance.
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Item 16.
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Introduced, considered favorably on first reading on May 21, 2024, and approved
on second reading for final passage on June 4, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: June 14, 2024
Approving Attorney: Brad Yatabe
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Item 16.
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Item 16.
revised 3/31/08
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of
the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the
_______________________________________________________ Annexation to the City of Fort
Collins. Said area, consisting of approximately ____________________ (_____) acres, is more
particularly described on Attachment “A,” attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been
met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations respecting the
construction of water mains, sewer lines, gas mains, electric service lines, streets or any
other services or utilities in connection with the property proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area
be placed in the _____________Zone District pursuant to the Land Use Code of the City of Fort Collins.
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Item 16.
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Item 16.
ATTACHMENT “A”
LEGAL DESCRIPTION OF I-25 & MULBERRY ANNEXATION AREA:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF
BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6) COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT
PROPERTY RECORDED UNDER RECEPTION NO. 20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, S89°19'40"E A DISTANCE OF 1241.28 FEET, TO A
POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1727.08 FEET, TO THE NORTHEASTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518;
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4)
COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,043,904 SQUARE FEET OR 46.9216 ACRES.
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Item 16.
ATTACHMENT “A1”
PARCEL 1 LEGAL DESCRIPTION: CG – GENERAL COMMERCIAL ZONE DISTRICT
A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF
BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6) COURSES:
1. N58°42'20"W A DISTANCE OF 212.59 FEET;
2. N38°22'59"W A DISTANCE OF 442.05 FEET;
3. N14°16'20"W A DISTANCE OF 206.20 FEET;
4. N00°13'50"W A DISTANCE OF 37.90 FEET;
5. THENCE N00°31'20"W A DISTANCE OF 940.70 FEET;
6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT
PROPERTY RECORDED UNDER RECEPTION NO. 20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, THENCE S89°19'40"E A DISTANCE OF 400.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, THE FOLLOWING FIVE (5) COURSES:
1. S00°40'20"W A DISTANCE OF 591.74 FEET;
2. S44°30'21"W A DISTANCE OF 127.98 FEET;
3. S00°29'39"E A DISTANCE OF 256.82 FEET, TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF
88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT;
5. S89°22'14"E A DISTANCE OF 333.27 FEET;
THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 198.69 FEET, TO THE NORTHEASTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518;
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Item 16.
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4)
COURSES:
1. N69°41'20"W A DISTANCE OF 224.55 FEET;
2. N81°42'20"W A DISTANCE OF 504.90 FEET;
3. N58°42'20"W A DISTANCE OF 20.61 FEET;
4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 753,127 SQUARE FEET OR 17.2894 ACRES.
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Item 16.
ATTACHMENT “A2”
PARCEL 2 LEGAL DESCRIPTION: I – INDUSTRIAL ZONE DISTRICT
A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER
CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N3°41'03"E A DISTANCE OF
2153.64 FEET TO A POINT TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY RECORDED UNDER
RECEPTION NO. 20050043464 AND THE POINT OF BEGINNING;
THENCE ON SAID SOUTHERLY LINE, S89°19'40"E A DISTANCE OF 841.28 FEET, TO A POINT ON THE
WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529;
THENCE ON THE SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1528.39 FEET;
THENCE DEPARTING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES:
1. N89°22'14"W A DISTANCE OF 333.27 FEET, TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE
OF 88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT;
3. N00°29'39"W A DISTANCE OF 256.82 FEET;
4. N44°30'21"E A DISTANCE OF 127.98 FEET;
5. N00°40'20"E A DISTANCE OF 591.74 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,290,778 SQUARE FEET OR 29.6322 ACRES.
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Item 16.
ATTACHMENT “C”
ATTORNEY CERTIFICATION
I, Timothy L. Goddard , an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition*
for the area referred to as the I25 & Mulberry Annexation to the City of Fort
Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that
said owners constitute more than 50% of the landowners in the area proposed for annexation, as said
area is described on Attachment “A” of said Annexation Petition, and own more than 50% of the land
in said area, exclusive of streets and alleys.
November 17, 2023 17645
Date Signature Attorney Reg. No.
*Miller Mokler, LLC, a Colorado limited liability company, is the record owner of the property being
annexed.
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Item 16.
ATTACHMENT “D”
I-25 & MULBERRY ANNEXATION NARRATIVE
The following is the required narrative described in the Fort Collins Land Use Code for a proposed
annexation. The Annexor does not propose any conditions of annexation with this Petition and Zoning
request.
4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area.
The I-25 and Mulberry property is generally located at the northeast corner of I-25 and Mulberry Street.
The property is currently vacant and has been historically used for irrigated agricultural farming activities.
The subject property is located within the City’s Growth Management Area (GMA) and therefore, is
subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County.
The IGA requires that before urban development of the property can occur it must request to be annexed
into the City of Fort Collins. The boundary of the GMA, together with the IGA, verifies that the City and
County agree that the property should be annexed prior to its development. The applicant agrees that
this is both appropriate and desirable.
The Owner of the property is requesting annexation and zoning for commercial, retail, and industrial uses
consistent with the intent of the City’s Structure Plan and the I-25 Subarea Plan. The Subject property is
approximately 46.92 acres in size and meets the statutory requirements of one-sixth or greater contiguity
to the City of Fort Collins Municipal Boundary in order to be considered for annexation. The proposal is
to annex the property to the City of Fort Collins and Zone the western portion of the property, being
approximately 17.29 acres, CG - General Commercial with the remaining eastern portion of the property,
being 29.63 acres to be Zoned I - Industrial. Primary access to the subject property will be provided
through the site with the construction of the realigned I-25 NE Frontage Road, which in the future will be
extended to the intersection of Mulberry Street located just south of the property. The realigned I-25
Frontage Road will extend through the site and connect to the existing I-25 NE Frontage Road located at
the Northwest corner of the property, additional there will be vehicular access provided to the east with
a connection being made to Spruce Lane.
It is proposed to abandon the existing Northeast I-25 Frontage Road, which is located immediately south
and along a large portion of the western boundary of the property. It will be relocated interior to the
property. The Mulberry Frontage Metropolitan District (“MFMD”) will complete the I-25 East Frontage
Road realignment. CDOT and the MFMD believes it will be beneficial to relocate the Frontage Road based
on the following:
• The realignment of the NE I-25 Frontage Road is necessary to help advance planned
improvements to property adjacent to the realigned Frontage Road.
• The realignment of the NE I-25 Frontage Road is anticipated to improve operations at the
intersection of Mulberry Street, I-25 Frontage Road, and Cloverleaf Way, which currently requires
additional signal phases due to the current configuration.
• CDOT recognized the need in 2005 for the NE I-25 Frontage Road to be realigned as part of the I-
25 & Mulberry Street interchange reconstruction and purchased a Deed of Covenant, reserving a
portion of property on the north side of Mulberry Street for future development of a new I-25
frontage road.
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Item 16.
As a result of the recent NE I-25 and Mulberry Street Interchange Improvements and the proposed
abandonment and realignment of the NE I-25 Frontage Road coupled with other recent developments
within close proximity of the subject property, the Owner of the subject property recognizes that the
development of the property, consistent with the City’s CG - General Commercial and I - Industrial Zone
Districts would be the best possible use of the i-25 & Mulberry property. Additionally the Owner believes
that the development of the property will provide a significant economic benefit to the City of Fort Collins
and greatly improving the overall safety and traffic operations at the Mulberry and I-25 Intersection.
4(h) A description of the zoning classification being requested and any condition requested for that zone
district classification.
The Applicant is requesting a Zone District Classification of CG - General Commercial: 17.29 acres and I –
Industrial: 29.63 acres, which is in general conformance with the City of Fort Collins Structure Plan. There
are no conditions of zoning being requested at this time.
4(i) A statement of consistency of the requested zoning to the Structure Plan.
The City’s Structure Plan describes the southernmost third of the I-25 & Mulberry property as being a
Suburban Mixed-Use District and the remaining northern portion as an Industrial District.
City Plan Structure Plan states:
The Structure Plan Map and Place Types - or land use categories provide a framework for the ultimate
buildout of Fort Collins and plays a critical role in helping the community achieve its vision over the next
10 - 20 years.
The City’s Structure Plan and associated Place Types:
• Guides future growth and reinvestment and serves as official land use plan for the City;
• Informs planning for infrastructure and services;
• Fosters coordinated land use and transportation decisions within the city and region; and
• Helps implement principles and policies.
Suburban Mixed-Use District - Key Characteristics as stated by the City Plan Structure Plan
City Plan Structure Plan states:
Principal Land Use
Retail, restaurants, office and other commercial services
Supporting Land Use
High-Density Residential, Entertainment, Childcare Centers and other Supporting Uses
Density
Densities and building heights will vary; building heights will generally be between one and five stories,
however, may be higher in some locations.
Key Characteristics/Considerations
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Item 16.
• Walkable mixed-use districts that provide a range of retail and commercial services, as well as
high-density residential.
• Uses should be supported by direct pedestrian and bicycle linkages to surrounding neighborhoods,
as well as by BRT or High-frequency bus service.
Typical Types of Transit
Varies depending on density and surrounding context, but generally served by fixed-route service at
frequencies of between 30 and 60 minutes; higher-frequency service may exist where densities are
sufficient to support it.
Zoning Consistency with Structure Plan
Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the
CG - General Commercial Zone District will best promote the Goals and Objectives of the Suburban Mixed-
Use District.
Industrial District - Key Characteristics as stated by the City Plan Structure Plan
City Plan Structure Plan states:
Principal Land Use
Industrial land uses such as manufacturing, assembly plants, primary metal and related industries;
vehicle-related commercial uses; warehouses, outdoor storage yards and distribution facilities; and flex
space for small, local startups as well as large national or regional enterprises.
Supporting Land Use
Restaurants, convenience retail and other supporting services
Density
Varies
Key Characteristics/Considerations
• Areas dedicated for a variety of more-intensive work processes and other uses of similar character;
• Typically located away from residential neighborhoods.
• Transportation facilities in Industrial Districts should promote the efficient movement of
commercial truck and/or access to rail.
• Supported by direct pedestrian and bicycle linkages from surrounding areas, as well as transit in
some locations.
Typical Types of Transit
Limited due to low population and low employment densities; however, fixed-route service at frequencies
exist in some locations.
Zoning Consistency with Structure Plan
Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the I
– Industrial Zone Districts will best promote the Goals and Objectives of the City’s Structure Plan.
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Item 16.
A Westrian Company
I-25 AND MULBERRY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.
COUNTY OF LARIMER, STATE OF COLORADO
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Item 16.
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Item 16.
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Item 16.
LAND USE PLAN 5
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Page 264
Item 16.
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Item 16.
36,112
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This map is a user generated static output from the City of Fort Collins FCMaps
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27,437
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LC3 - Moderately high ambient lighting
City Limits
World Hillshade
Page 266
Item 16.
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Item 16.
A Westrian Company
I-25 AND MULBERRY - ZONING AMENDMENT
BEING A ZONING AMENDMENT OF THAT PARCEL OF LAND
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.
COUNTY OF LARIMER, STATE OF COLORADO
ITEM 5, ATTACHMENT 4
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Item 16.
36,112
6,018.7
Residential Sign District Map
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.
27,437
City of Fort Collins - GIS
4,573.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet4,573.002,286.50
Notes
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City Limits
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Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jacob Castillo, Sustainability Officer
Amy King, Environmental Services Director
SUBJECT
Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements.
EXECUTIVE SUMMARY
The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for Solid
Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing agreement into
abeyance until the parties agree on further amendments to address the changed circumstances and
updated timelines. The new amended agreement will supersede the existing one.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Loveland, Larimer County, Fort Collins, Wellington and Estes Park created the Regional Wasteshed
Coalition in 2015 to plan for future infrastructure needs after the Larimer County Landfill closes in mid-
2025. This planning work developed the Solid Waste Infrastructure Master Plan (SWIMP), which Larimer
County adopted in 2018. Subsequently, the aforementioned communities adopted a related
Intergovernmental Agreement (IGA) in 2019 which clarifies how they would work together to implement the
SWIMP.
Since the adoption of the 2019 IGA, the landscape of the regional wasteshed has significantly changed.
As such, the IGA includes outdated language, assumptions, costs estimates, market conditions, and
timelines that no longer reflect the complex reality that exists today, which staff discussed with Council at
a Work Session on March 26, 2024.
Given the current state of the IGA, four of the five signatories to the IGA have voted to suspend the
agreement. During the period of suspension, the Regional Wasteshed Coalition members have committed
to working together to create an amended agreement for implementing waste and recycling infrastructure
and policies. The next agreement is anticipated to supersede the IGA that this resolution would place into
abeyance.
Attachment 3 provides additional background and context for this project.
Attachment 4 is the 2019 IGA that was included in the March 26, 2024 Work Session.
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Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Next Steps
Staff members of the Regional Wasteshed communities will work together to support the creation of
the next agreement.
Fort Collins staff will conduct analysis on pathways to infrastructure for food scraps and construction
and demolition materials (C&D) through grant-funded consulting support as part of the Council Priority
to Accelerated Pathways for Zero Waste Infrastructure and Policies.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. March 26, 2024 Work Session Agenda Item Summary (Copy)
4. 2019 Regional Wasteshed IGA
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Item 17.
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RESOLUTION 2024-070
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROGRAMMING AND INFRASTRUCTURE IMPROVEMENTS
A. On December 17, 2013, City Council adopted Resolution 2013-111
recognizing that the City’s history of public education regarding recycling and solid waste
reduction and waste reduction goals from 1985 through the adoption of Resolution 1999 -
139, which established the goal of diverting 50% of the community’s waste stream from
landfill disposal by 2010.
B. On October 21, 2014, City Council adopted Resolution 2014-098,
establishing the City’s Waste Diversion Policy with the goal of achieving “zero waste” by
2030 (with interim goals) and recognizing the City’s “Road to Zero Waste” plan created
to achieve this policy goal and the resulting direct economic and environmental benefits
to the local and global community.
C. In early 2016, the Larimer County Board of Commissioners convened the
North Front Range Wasteshed Policy Group, referred to as the North Front Range
Regional Wasteshed Coalition (the "Coalition") to identify, analyze, and prioritize solid
waste infrastructure and implementation options, resulting in the development of a Solid
Waste Infrastructure Master Plan (the “Master Plan”) for adoption by Larimer County.
D. On December 19, 2018, the Larimer County Planning Commission adopted
the Master Plan, which includes various recommendations for infrastructure and facility
improvements, education, licensing, and other program elements to provide solid waste
services within Larimer County and increase material diversion from landfill disposal. On
January 15, 2019, the City Council adopted Resolution 2019 -010 supporting the Master
Plan.
E. After adoption of the Master Plan, the County, the City, the City of Loveland
and the Town of Estes Park desired to work cooperatively to implement the Master Plan,
continue to develop joint programs for consistent public education, evaluate future
technologies associated with solid waste management, and establish the respective
responsibilities of the members of the Coalition by entering into an Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements (the “IGA”).
The City Council authorized the execution of the IGA in Resolution 2019-047. Larimer
County, the City of Loveland, and the Towns of Estes Park and Wellington also entered
into the IGA (together with the City, the “Parties”).
F. The IGA was designed to allow the Parties to develop a comprehensive
systems-based approach to waste management in the North Front Range. Specifically,
the IGA prioritized the development of a new landfill, transfer station, yard waste facility,
food waste composting facility, and construction and demolition waste processing facility.
These priorities align with meeting the City’s zero waste and climate action goals,
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Item 17.
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particularly the development of a construction and demolition waste processing facility
and food composting facility. The IGA also created the Solid Waste Policy Council to
advise the Larimer County Board of Commissioners on implementation of and updates to
the Master Plan. The initial term of the IGA is to run through December 31, 2050, with an
automatic extension term of ten years. The IGA authorizes its termination in the event of
non-appropriation, by a Party giving 18 months’ written notice, or by mutual agreement of
the Parties.
G. In recent years, elements of the wasteshed and priorities among the Parties
have changed. All Parties, except for the City, have amended the IGA to place its
requirements in abeyance. A copy of the amendment adopted by the other Parties is
attached hereto as Exhibit “A.”
H. The City is committed to working in partnership with the County, the City of
Loveland, and the Towns of Estes Park and Wellington to develop a new agreement to
implement the Master Plan while the IGA is held in abeyance. The City seeks to have the
new agreement allow for the implementation of an integrated package of waste disposal
services designed to increase diversion and confer health and environmental benefits
upon the residents of the City and Larimer County.
I. Article II, Section 16 of the Charter of the City of Fort Collins empowers the
City Council to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services or enter into cooperative or joint activities
with other governmental bodies.
J. Under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to
be submitted to the City Council for review, unless they fit within one of the exceptions
that permit execution by the City Manager.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to execute the amendment to the
IGA substantially in the form attached hereto as Exhibit “A,” with such modifications and
additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes
set forth herein and not otherwise inconsistent with this Resolution.
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Item 17.
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Passed and adopted on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 21, 2024
Approving Attorney: Ted Hewitt
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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EXHIBIT A TO RESOLUTION 2024-070
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Item 17.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 6
March 26, 2024
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Jacob Castillo, Sustainability Officer
Amy King, Environmental Services Director
Honore Depew, Climate Program Manager
Caroline Mitchell, Waste Reduction and Recycling Lead Specialist
SUBJECT FOR DISCUSSION
Regional Wasteshed Update: Intergovernmental Agreement and Immediate Next Steps.
EXECUTIVE SUMMARY
The purpose of this item is to provide context for Councilmembers to discuss approaches to regional
collaboration supporting the Council Priority to Accelerate Zero Waste Infrastructure and Policy, including
a request from Larimer County to suspend an Intergovernmental Agreement.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1.What feedback do Councilmembers have about whether to bring forward a Resolution placing the 2019
Intergovernmental Agreement into abeyance?
2.What are the areas of primary importance to Councilmembers as staff engage in finding regional
solutions for missing infrastructure?
3.Do Councilmembers wish to hold a joint meeting with the Larimer County Board of Commissioners to
discuss Regional Wasteshed collaboration?
BACKGROUND / DISCUSSION
Connection with Adopted Goals and Council Priorities
Development of community-scale, regional diversion facilities, especially for construction and demolition
(C&D) materials and food scraps, is needed to advance future policy initiatives to align with the following
adopted plans and is essential to meeting the Council-adopted goal of zero waste by 2030:
Our Climate Future Big Moves 2 (Zero Waste Neighborhoods) and 10 (Zero Waste Economy)
City Plan Principle ENV 5: Create a Zero Waste System
2024-25 City Strategic Plan ENV 1 (presumed to be adopted March 19, 2024)
City Council 2024-25 Priority: Accelerate Zero Waste Policies and Infrastructure
CO
P
Y
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Item 17.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 6
Background
For many years, the City has prioritized efforts to become a zero-waste community. With the pending
closure of the Larimer County Landfill in mid-2025, there are decision points in the near term that may
move our community along the path toward our goals. The recent adoption of Council Priorities further
emphasized the need for C&D diversion and recycling, and the diversion of food waste from landfills. City
staff have been working with the Regional Wasteshed Coalition to facilitate the development of the needed
infrastructure.
This Work Session item is intended to prompt a discussion between Councilmembers about the City’s
approach to Regional Wasteshed collaboration and the Intergovernmental Agreement (IGA). Work
Sessions specific to the Council Priority to Accelerate Zero Waste Policies and Infrastructure are being
planned throughout 2024 to discuss options and opportunities for City Council action after additional
research has been conducted and further staff collaboration with Larimer County, per Council guidance.
Regional Wasteshed Coalition and Solid Waste Infrastructure Master Plan
The Regional Wasteshed Coalition (the Coalition) was formed nearly ten years ago to plan for the Larimer
County Landfill reaching capacity around 2025 and includes Fort Collins, Larimer County, Loveland, Estes
Park, and Wellington. The Coalition has been valuable for addressing and planning for future needs,
however, the Coalition’s recent ability to move toward agreed upon outcomes has been suboptimal
regional waste issues through the development of the Solid Waste Infrastructure Master Plan (SWIMP),
The Coalition has been unable to substantially advance policies, strategies and tactics that make headway
on the work outlined in the SWIMP. There are a variety of factors that have contributed to the slowdown
of progress, one being a lack of alignment on the approach to the Intergovernmental Agreement (IGA) that
commits signatories to specific expectations for infrastructure and policy.
Intergovernmental Agreement (IGA)
The 2019 IGA was developed and adopted by all members of the Coalition to create clear expectations for
conditions needed to spur the County’s construction of new diversion facilities concurrent with supportive
policy development.
Larimer County has requested each member jurisdiction formally suspend the agreement and does not
anticipate bringing the IGA back out of abeyance. Four out of five signatories in the Coalition have voted
to place it in abeyance, Fort Collins being the sole organization that has not.
The reasons other jurisdictions have shared for putting the IGA into abeyance are varied and nuanced
based on the needs of each individual community, but the overarching theme is that the agreement has
outdated language, assumptions, costs for facilities, market assumptions, and timeframes that no longer
reflect the current market within the Regional Wasteshed. This is especially true for the infrastructure cost
estimates, over which the County expressed concerns, stating that the cost of the infrastructure was
infeasible for the County to cover alone as stipulated in the IGA, given rapidly escalating costs and the
County’s perceived uncertainty in the market about volume of waste materials.
It is important to note that the IGA has meaningful content that commits to the tiered prioritization of
infrastructure projects. This prioritization aligns with the waste hierarchy that guides policy decisions and
the strategic approach to waste reduction and recycling in Fort Collins. Ensuring that these elements of
the agreement are not lost in the process of advancing the work of the Regional Wasteshed Coalition is
vitally important, as clarity of expectations provide the foundation for moving collaboratively toward a zero -
waste community. The County is currently progressing cautiously on the landfill and transfer station, which
is foundational infrastructure.
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The prioritization of projects in the IGA is of particular importance since Larimer County is currently
considering multiple partners and technological solutions, some of which may be aligned with the goals of
the City and other, like waste-to-energy projects, that are not necessarily aligned with the City’s preferred
approach and were assigned a low priority in in both the SWIMP and the IGA. Furthermore, without an
IGA in place, there is not a clear process to determine prioritization of potential infrastructure. See the
section below for details of the current state of Larimer County’s plan for infrastructure.
Fort Collins’ members of the Regional Wasteshed Policy Advisory Committee (PAC) have expressed
interest during past discussions in an approach that would develop a replacement IGA prior to suspending
the current IGA. Larimer County has proposed recrafting an agreement in the future that could take the
form of multiple IGAs with individual partners or possibly one regional IGA. At this juncture, the current IGA
is not being followed and the County has suspended meetings of the PAC until all partners place the IGA
into abeyance. The following table includes potential actions councilmembers may consider in relation to
the IGA.
Potential options for next steps for the IGA
Option Considerations
1) Place IGA into
abeyance
Ends commitment to tiered prioritization of infrastructure elements
Meets Larimer County request and aligns with partner actions
Unclear timeline, roles and process to create next IGA
o Unclear if next IGA would be shared regional IGA or if distinct IGAs
between Larimer County and each community would be developed
2) Place IGA into
abeyance with
conditions
Could place current IGA into abeyance for a certain amount of time and
have it come back into effect unless specific actions (e.g. creating a new
IGA) have been completed
Many of the same considerations as Option 1
3) Replace and repeal IGA Develop new IGA and repeal prior at the same time as adopting new
Would have clarity on next agreement prior to exiting existing
Unclear timeline or pathway
4) Terminate IGA Would likely have same impact as putting IGA into abeyance, as Larimer
County does not intend to bring the IGA out of abeyance
Requires notification and goes into effect 18 months after notice is given
o Could place IGA into abeyance for the 18 months until it is terminated
May be clearer than unending abeyance
5) No action Current IGA would remain in place but commitments unlikely to be met
Next steps unclear
Planned Infrastructure and Status
The SWIMP identifies and prioritizes infrastructure to be constructed with regional partner policy support.
In 2022, Larimer County issued a request for proposals (RFP) for potential diversion partners which yielded
additional potential infrastructure. Larimer County is in negotiations with four potential private partners,
some of which propose waste-to-energy or mixed waste processing, which are not categories of
infrastructure prioritized in the SWIMP. Details are included in the following table. CO
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Status of infrastructure identified in the SWIMP and Larimer County RFP
Infrastructure
element
Material
processed
Tier in
SWIMP
Status Notes
Infrastructure elements from SWIMP and in IGA
Landfill Waste 1 Under construction
Market risk of landfill not receiving
enough material if Fort Collins does not
adopt flow control.
Transfer
station
Waste 1 Planned
C&D
Recycling
Construction
& Demolition
material
1 Dependent on
receiving state
grant (notification
anticipated Q2
2024)
Addresses barrier of having to separate
all materials at C&D sites – could make
C&D materials “single stream”
recyclable
Yard
trimmings
composting
Yard
trimmings
1 Under
consideration
Could move forward via A1 Organics
proposal to Larimer County
Food scraps
composting
Food scraps 1 Unclear
Residential food scraps are often
collected mixed with yard waste and
composted
o No identified path for this material
Commercial food scraps are often
collected separately and compostedor
anaerobically digested
Anaerobic
digestion
Food scraps,
nutrient-rich
liquids
2 Under
consideration
Could move forward via Anaergia
proposal to Larimer County
Expand
recycle
center
Curbside
recyclables
2 Not being
considered
Requires more recyclables than facility
currently receives
Waste-to-
Energy
Mixed waste
or specific
materials
3 Under
consideration
EPA waste hierarchy supports this only
for materials that can’t be reused,
recycled or composted
Specific companies that submitted proposals to Larimer County RFP
Anaergia Mixed waste
or food
scraps
2 or 3 Under
consideration
Processing of food scraps consistent
with EPA waste hierarchy
Mixed waste processing can be more
expensive and can generate
materials that are hard to market
Biochar Wood
N/A Under
consideration
May process treated / painted wood
or clean wood
Uncertainty around potential air
quality impacts
A1 Organics Yard
trimmings
1 Under
consideration
Largest composter in Colorado,
currently owns and operates sites in
Eaton, Keenesburg
Plasma
Development
Unclear 3 Under
consideration
Waste to Energy company
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Flow Control – Context for Future Discussion
Flow control is a requirement that waste is directed for disposal to a specific facility. The location that
receives the material must be owned and operated by a public entity and there must be a public benefit to
sending the material to that facility.
Larimer County would like Fort Collins to consider instituting flow control for solid waste to ensure the
County has enough material to operate the new landfill and transfer station, and potentially support
development of future diversion facilities. The IGA states the partners will not adopt flow control for waste.
However, there have been significant market changes since the adoption of the IGA that change the
assumptions and further examination may be warranted on the impacts flow control would have on the
City, the County, and customers in the regional wasteshed.
Consistent with the commitments in the IGA, the City has already condit ionally required that mixed C&D
waste be deposited at the County processing facility if and when it is constructed. However, for waste, flow
control has not been adopted, meaning haulers can decide where to take it. If haulers opt to take more
waste to other landfills, the County is at risk of not having enough material to cover the costs of landfill
operations.
To address this risk, Larimer County is requesting Fort Collins consider adopting flow control to Larimer
County for the residential waste collected via the City’s single hauler contract. The adoption of flow control
has a pricing impact on customers.
Staff propose making this topic a central consideration at future Work Sessions as councilmembers
consider ways to advance the priority to accelerate zero waste infrastructure and policies. In the meantime,
staff from both organizations will continue to meet regularly to seek clarity and discuss viable options.
Grant-supported Research and Development
The City has recently been awarded a Technical Assistance Grant (TASP) by the State of Colorado to
identify specific options and implementable solutions for greater C&D diversion and recycling, and
community-scale food scraps composting. This staff work will begin in the spring of 2024 and should yield
clear actions that the City, on its own or in partnership with regional collaborators, can take to advance its
zero waste goals. The research conducted will be central to future Work Sessions on the Council Priority
to Accelerate Zero Waste Policies and Infrastructure. Concurrently, Larimer County is pursuing State grant
funds to construct a C&D processing facility that is aligned with the City’s diversion objectives. Ongoing
collaboration and cooperation with partners is critical to identifying the path forward on local and regional
waste solutions.
Data and Supporting Information
In 2021 – the most recent year for which data is available – the City of Fort Collins produced 350,000 tons
of waste; 52% of it, or 182,000 tons, was diverted from the landfill.
The Community Diversion Rate includes material from the residential, commercial, and industrial sectors
and is calculated based on weights. Per recent discussions regarding the use of weight-based
measurement rather than volume, Fort Collins uses weight-based measurements as they are the industry
standard and are the most accurate available approach to measuring waste. Fort Collins also tracks
diversion rates by sector (in 2021, they were: single-unit residential: 29%, commercial / multi-unit
residential: 32%, industrial: 66%). In order to capture the impacts of source reduction, Fort Collins also
tracks the pounds per capita of material landfilled. Conducting more regular and smaller scale waste sorts
is also a potential future source of additional data about materials disposal in the community.
More information can be found in the 2021 Waste Reduction and Recycling Annual Report (included as
an attachment).
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NEXT STEPS
Staff will bring forward a Resolution relating to the IGA, if desired, consistent with feedback.
If Councilmembers desire a joint Work Session with the Larimer County Commissioners, an off-cycle
meeting time will be set.
City staff will work with the TASP grant consultants to further identify and vet potential pathways to
food scrap and C&D materials infrastructure, including analysis and collaboration regarding flow control
informed by Councilmember feedback.
City staff will propose next steps for the Council Priority to Accelerate Zero Waste Policies and
Infrastructure at a work session on May 14.
ATTACHMENTS
1. Solid Waste Infrastructure Master Plan (SWIMP) Executive Summary
2. 2019 Regional Wasteshed Intergovernmental Agreement
3. 2021 Waste Reduction and Recycling Annual Report (most recent available)
4. Presentation
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 21, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Paul Sizemore, Director, Community Development and Neighborhood Services
Clark Mapes, City Planner
SUBJECT
Resolution 2024-071 Adopting Findings of Fact in Support of the City Council’s Decision on Appeal
to Uphold the Planning and Zoning Commission Approval of the Mason Street Infrastructure
Overall Development Plan ODP230001.
EXECUTIVE SUMMARY
The purpose of this item is to make findings of fact and conclusions regarding Council’s decision at the
May 7, 2024, Mason Street Infrastructure Overall Development Plan appeal hearing that the Planning and
Zoning Commission held a fair hearing and dismissing the failure to properly interpret and apply allegations
and thereby upholding the Planning and Zoning Commissions’ approval of the Mason Street Infrastructure
Overall Development Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On February 15, 2024, the Planning and Zoning Commission considered an application for the Mason
Street Infrastructure Overall Development Plan #ODP230001. The Commission approved the application
that showed parameters and alignments for infrastructure facilities on property at the west end of Hibdon
Court and extending south to Hickory Street in the North College Avenue corridor area. The infrastructure
comprises a stormwater detention pond, a proposed new segment of North Mason Street, and water,
sewer, and electric lines. On February 27, 2024, a Notice of Appeal was filed, alleging:
1. The Planning and Zoning Commission failed to conduct a fair hearing by considering evidence relevant
to its findings that was substantially false or grossly misleading.
2. The Planning and Zoning Commission failed to properly interpret and apply Land Use Code Subsection
3.3.2(D)(5) regarding stormwater requirements for a building permit to be issued and City Code
Sections 26-543(a)(4) and 26-544(a) regarding the Dry Creek Basin master plans and stormwater
facilities required for subdivision plats.
On May 7, 2024, Council considered the appeal allegations, the record on appeal, information presented
at the hearing, and testimony from parties-in-interest and their representatives. After discussing the appeal
allegations, Council voted to deny and dismiss the appeal, finding the Planning and Zoning Commission
conducted a fair hearing having considered evidence and staff recommendations that were appropriate for
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Item 18.
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the level of detail required at the level of an overall development plan, finding the appellant’s fair hearing
issue was without merit, and dismissing the appellant’s allegations that Land Use Code and City Code
provisions that were not relevant to an overall development plan were not properly interpreted and applied.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
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Item 18.
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RESOLUTION 2024-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY
COUNCIL’S DECISION ON APPEAL TO UPHOLD THE PLANNING AND
ZONING COMMISSION APPROVAL OF THE MASON STREET
INFRASTRUCTURE OVERALL DEVELOPMENT PLAN ODP230001
A. On February 15, 2024, the Planning and Zoning Commission (“P&Z”)
approved the Mason Street Infrastructure Overall Development Plan ODP230001.
B. On February 27, 2024, Charles Meserlian (“Appellant”) filed a notice of
appeal (“Appeal”) with the City alleging:
a. P&Z failed to conduct a fair hearing because it considered evidence
relevant to its findings that was substantially false or grossly misleading; and
b. P&Z failed to properly interpret and apply Land Use Code Subsection
3.3.2(D)(5) regarding stormwater requirements for a building permit to be issued
and City Code Sections 26-543(a)(4) and 26-544(a) regarding the Dry Creek Basin
master plans and stormwater facilities required for subdivision plats.
C. On May 7, 2024, the City Council, after notice given in accordance with City
Code Section 2-52, held a public hearing (“Hearing”) pursuant to City Code Section 2-54
to consider the allegations raised in the Appeal.
D. At the Hearing the Appellant and the Appellant’s engineer appeared and
addressed Council, arguing in favor of the Appeal.
E. Also at the Hearing, representatives for the applicant for the Mason Street
Infrastructure Overall Development Plan addressed Council, arguing in opposition to the
Appeal.
F. In making its determination regarding the Appeal allegations at the Hearing,
the City Council considered the record on appeal; testimony from City staff; statements
and arguments by the Appellant and Appellant’s engineer; and statements and arguments
in opposition to the appeal made by representatives for the applicant for the Mason Street
Infrastructure Overall Development Plan.
G. City Council determined that P&Z conducted a fair hearing when it approved
the Mason Street Infrastructure Overall Development Plan, finding the P&Z considered
evidence and staff recommendations that were appropriate for the level of detail required
at the level of an overall development plan and that were not substantially false or grossly
misleading and finding the Appeal’s fair hearing issue was without merit.
H. City Council dismissed the Appeal’s failure to properly interpret and apply
allegations, finding Land Use Code Section 3.3.2(D) and City Code Section 26-544(a) are
not required to be met for an overall development pl an to be approved and City Code
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Section 26-543(a)(4) adopts the Dry Creek Master Plan by reference and is not subject
to interpretation or application.
I. The Council motion to dismiss the failure to interpret and apply allegations
inadvertently referenced “Section 26-54(a),” instead of the correct reference to “Section
26-544(a),” and this Resolution corrects such reference.
J. City Code Section 2-56(c) provides that no later than the date of its next
regular meeting after the hearing of an appeal, City Council shall adopt by resolution
findings of fact in support of its decision on the appeal.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The allegation set forth in the Appeal that P&Z failed to conduct a fair
hearing is dismissed because the Appeal’s fair hearing issue was without merit and the
P&Z conducted a fair hearing and considered evidence and staff recommendations that
were appropriate for the level of detail required at the level of an overall development plan
and that were not substantially false or grossly misleading.
Section 2. The allegations set forth in the Appeal that P&Z failed to properly
interpret and apply the Land Use Code and City Code are dismissed because the Land
Use Code and City Code provisions set forth in the Appeal were not relevant to
interpretation or application for an overall development plan.
Section 3. Adoption of this Resolution shall constitute the final action of the City
Council in accordance with City Code Section 2-56(c).
Passed and adopted on May 21, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: May 21, 2024
Approving Attorney: Heather N. Jarvis
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