HomeMy WebLinkAboutMARKET PLACE PUD - Filed OA-OTHER AGREEMENTS - 2003-12-17AGREEMENT
THIS AGREEMENT is made and entered into this 01��" day of
November, 19,�6.', by and between THE CITY OF FORT COLLINS, COLO-
RADO, a municipal corporation (City), and COLLINS PARTNERS, LTD.,
a Colorado limited partnership (Collins).
W I T N E S S E T H:
WHEREAS, Collins is the owner of the Market Place P.U.D., a
planned unit development located in the City of Fort Collins,
Colorado; and
WHEREAS, the Market Place P.U.D. is divided into three lots;
and
WHEREAS, the City and Collins desire, by this Agreement, to
stipulate as to the storm drainage fees to be applied to Lot 3;
and
WHEREAS, Collins desires, as a part of this Agreement, to
remit to the City the storm drainage fees allocated for Lots 1
and 2 (to the extent that fees have not already been paid with
respect to lot 2).
NOW, THEREFORE, in consideration of the mutual promises of
the parties and other good and valuable consideration, the
receipt and. adequacy of which are hereby acknowledged, the
parties agree as follows:
1. That, portion of the Market Place P.U.D. as shown on the
plat thereof and identified as "Troutman Parkway" shall not be
included in the area of property for the purpose of calculating
storm drainage fees.
2. Collins remits herewith its payment in the sum of
Seventeen Thousand Six Hundred Sixty-two and 39/100 Dollars
($17,662.39) in payment of all storm drainage fees allocated to
Lot 1 of the Market Place P.U.D. and all storm drainage fees
which have not yet been paid to the City for Lot 2 of the Market
Place P.U.D.
3. Collins and the City agree that the storm drainage fees
which shall. be applied to Lot 3 of the Market Place P.U.D. shall
be in the sum of One Thousand Nine Hundred Thirty-two and 96/100
Dollars ($1.,932.96). The aforesaid sum is based upon the imper-
vious surface as shown on the final site plan for the Market
Place P.U.D. dated June 30, 1989, and is based upon presently
established storm drainage fees as set forth in the Code of the
City. If the storm drainage fees should change in the future,
BJAGII
10/09/85
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged and signed before
me this day of (5�,�- � , 1985, by John Edward Hayes II,
as General Partner of TROUTMAN PARTNERSHIP, a Colorado general
partnership, on behalf of the partnership.
Witness my hand and official seal.
My Commission expires: G1/->1F,
Notary Public
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged and signed before
me this ((4-4n day of CDCAp A-e , 1985, by William K. Strickfaden,
as General Partner of FORT COLLINS ASSEMBLAGE, LTD., a Colorado
limited partnership, on behalf of the partnership.
Witness my hand and official seal.
My Commission expires: -pLC�'->o, �qvs
XJa wd/ta� 0�6. I&L4 C'k
Notary Public
0
EXHIBIT "A
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13B,554 SO. FT.
88,685 SO. FT.
195,122 50. FT
90,628 SO. FT.
183,962 iO.FT
92,796 SO. FT.
271,422
HRRMONY ROAD
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RCPTN # /89 12:24:32 # OF PAGF^ 2 FEE - S10.00
M. RODENBh;n,,_
b-11 - LARIMER COUNTY CO STATL tC FEE- S.0P
-QO
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the 5C4rOrtJ 36 7 CVAS�t if 7
�or4-h 1 �avi� �9 0 �l� 61��.
City of'Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of MA-,eK&_7_ Pt,1-ems F 0 (Z)
P.U.D. (The Property) located in the City of Fort Collins, County of Larimer.
State of Colorado, does hereby make the following declarations as limitations.
restrictions and uses to which the Property may be put, and hereby specifics
that these declarations shall constitute covenants to run with all of the
Property and shall be binding on all parties and all persons claiming under
them, and for the benefit of and limitations on all future owners of all or
part of the Property, this declaration being signed for the purpose of guaran-
teeing that the Property will be developed and landscaped initially and kept in
desirable condition in the future as herein specified. _"Owner' shall include the
signator to this document and all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and site
amenities including, without limitation, energy generation or conservation
amenities, as described in the site and landscape plans submitted to the City of
Fort Collins and on record therewith shall be made and installed, in the
manner as described in said plans unless amended pursuant to the approval .of
the City of Fort Collins. With the exception of lands necessary for construc-
tion, the owner shall cause the property to be developed according to the sit --
and landscape plan submitted to and approved by the City of Fort Collins. It
is further understood and agreed that the owner of the Property, or it's assigns
or successors in interest shall be responsible for the maintenance anc care
(including necessary replacement of dead grasses, plants, trees or shrubs) of all
"planted and landscaped" areas and other amenities within said P.U.D., together
with all parking, sidewalks and open space areas and all areas otherwise
utilized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agreement, the City
of Fort Collins upon notifying said owner in writing of the matters in regard
to which default is asserted and should the owner fail either to cure said
default within thirty (30) days after receipt of such notice or to commence
within twenty (20) days to rectify such default until it is fully rectified or
cured, then the City of Fort Collins shall have the right(1) to obtain, in the
district Court of Latimer County, Colorado, a mandatory injunction requiring
rectification of the default, or (2) to enter upon said property and perform the
work necessary to replace said improvements or maintain the same and the
owner shall pay or cause to be paid to the City of Fort Collins such sums
neccssary to reimburse said City of Fort Collins for the labor and material
expended to complete or maintain said improvements which payment shall be
made within ten (10) days after receipt of billing. The sum due and unpaid
shall accrue interest at the statutory rate for judgements from the date that
such sum is due. If said billing is not paid, then the City of Fort Collins
pursuant to the authority granted by these covenants, shall have a lien on the
above described property and improvements thereto. Said lien to be exercisable
by filing a notice of said lien against said property and improvements thereto;
provided, however, that the City of Fort Collins shall not have a lien against
C:',TY OF KY�T
any single-family lots and improvements thereto within the propern, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to Colorado law for cnforcc-
ment of liens against real property and may also, at its discretion, without
waiving any other rights it may have pursuant to law, proceed directly with
legal action against the owner, its assigns or successors in interest, to coiled
payment of the reasonable amounts so expended pursuant to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve the
right, with the consent of the City of Fort Collins, Colorado, to amend or
restate these Covenants, by including the provisions contained herein w ��n the
Protective Covenants for the real property platted as "The lmlke�_ /� Cce
P.U.D." which real property shall include the property subject to these
Covenants.
DATED this 2 day of 19k �, .
Owner
'!title
Managing General Partner
-A—TYrST: Fort Collins Assemblage Ltd.
STY By:
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day
of 19 by i. L as
and as Secretary of
My Commission expires:
Witness my hand and official seal.
etAI
H No/MP/Side: 287/342.625/R—E
COLORADO DEPARTMEN , OF HIGHWAYS .,cal Jurisdiction: Fort Collins
Dist/Section/Patrol: 04/01 /04
STATE HIGHWAY ACCESS PERMIT DOH Permit No.: 489074
SHMW:Larry Jungmeyer (493-1463 between 7:45-8:30 a.m.) Permit Fee: N/A
Date of Transmittal:9/19/89
THE PERMITTEE;
Fort Collins Assemblage Ltd.
125 Palmer Drive
Fort Collins, CO 80525
(303) 225-0545
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agentsand employeesshall be held
harmless against any action for personal injury or property damagesustained by reason of the exerciseof the permit.
LOCATION:
Access is to be located on State Highway E.287, a Distance of 560 Feet North from
Mile Post 342.526 on the Right or East side.
ACCESS TO PROVIDE SERVICE TO:
Retail Shopping Center of 94,000 s.f. (The Market Place P.U.D.)
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the Application and Permit.
A change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the driveway
to the Access Code.
2. This driveway is limited to right turns ONLY. Left turns are NOT approved.
3. Reconstruction or improvements to the access may be required when the permittee
has failed to meet required specifications of design or materials. If any con—
struction element fails within two vears due to improper construction or material
specifications, the permittee is responsible for all repairs.
See Design Attachment "Exhibit A" (attached)
MUNICIPALITY OR COUNTY APPROVAL
Required onl w en the appro ate local authority retai s iss In authority.
By (X) Date � Titleclopmept Sessd=not es
Upon the signing of this permit theerlinittee agrees to t e terrihs and conditions and referenced attachments contained
herein All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify City of Fort Collins Engineering Ins pection—DiviGf cn
t�42iKtH6xg2ilbEt4liid YxxXxxxxxxxxxxxxxx xxxxxx at 221-6FC9
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full authority to accept the permit and all it's terms and conditions... pq
Permittee (X)f1G, x.— __ — _ Date-/`�'d_[--
This permit is not valid until signed by a duly authorized representative of the State Department of I Cghvays.
STATE OF COLORADO, DIVISION OF HIGHWAYS
ROBERT L. CLEVENGER, CHIEF ENGINEER
By (X) 0_ ti /LJ'LYt,�w Date-2 - - 9 - ?9 Title,=J--
(� (Date of issue)
COPY DISTRIBUTION: aegwreo, Make copies as necessary for: Previous Ed, -ions arc Obsolete and v ill not be uses
1 Dislnct IOnginal) Local Authority Inspector DOIfForm 101
2 App,icmt %%TOE Patrol T�elhc Engineer 9/85
The following paragraphs are partiner Ighlights of the State Highway Access Code.' use are provided for your convenience but
do not alleviate compliance with all s ans of the Access Code. A copy of the State i uway Access Code is available from your
local Issuing authority (local government) or the State Department of Highways (Department). When this permit was Issued, the
Issuing authority made Its decision based in part on information submitted by the applicant, on the access category which Is
assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit.
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be tiled with the Colorado Highway Commission within 60 days of transmittal ofthe permitter
permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway
Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and
may Include recommendations by the permittee or applicant that would be acceptable to MCI
2. The Department may consider arty objections and requested revisions at the request of the applicant or permittee. If
agreement is reached, the Department, with the approval ofthe local issuing authority (if applicable), may revise the permit
accordingly, or Issue a new permit, or require (he applicant to submit a new application for reconsideration. Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the permit, lithe permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
It Construction standards and requirements
1. The access must be under construction within one year of the permit date.However, under certain conditionsa one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permitat least 48 hours oriortoconstruction. Acopyofthe permitshall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-oi-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction ofthe access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and Included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. It any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-of-way fence. the posts on either side of the access shall be securely
braced with an approved end post before the fence Is cut to prevent any slacking ofthe remaining fence, All postsand wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy ofthe permit shall be available for review at theconstruction site. If necessary, minorchanges andadditions shall be
ordered by the Department or local authority field inspector to meet unamicipated site conditions.
7, The access shall be constructed and maintained in a mannerthat shall not cause water to enter onto the roadway, andshall
not interfere with the drainage system in the right-of-way.
8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities forthe construction of a
permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction, in conformancewith the Manual on Uniform
Traffic Control Devices for Street:. and Highways. This may include the use of signs, flashers, barricades and flaggers.This
is also requuedby section 42-4-501, C. R. S. as amended The issuing authority, the Department and their duty appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
III Changes in use and violations
1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in
property use which makes the ex sting access design or use in non-conformance with the Access Code or the terms and
conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are:
an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review tie original permit, it may decide it sadequate or request that you apply fora new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
3. When a permitted driveway is constructed or used In violation of the Access Code, thelocai government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further information _
1. When the permit holder wishes to make Improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority. The issuing authority may take action only on the request for
improvement Denial does not revoke the existing access,
2. The permittee. his heirs. successors -In -Interest and assigns, ofthe property serviced by theaccess shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system, including those culverts underthe access which are part of that system
within the right-of-way.-
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees.
4. The Department may. when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30. 1979, may be required by the Department, with written
concurrence of the appropriate local authority. to oe reconstructed or relocated to conform to the Access Code, either at
the property owner s expense it the reconstruction or relocation IS necessitated by a Change in the use of the property
which results in a change In the type of driveway operation: or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in reap or !r=_fhc conditions. The necessity for the relocation or reconstruction shall
be determined by reference 10 the standards se,'crth in the Access Code.
STATE HIGHWAY
Design Attachment "Exhibit A"
1. Driveway shall be constructed 30 feet wide with 50 foot and 75 foot
radii. As shown on Exhibit "B"
2. The access approach shall be surfaced immediately upon completion
of earthwork construction and prior to being used.
3. Surfacing shall consist of 6" thick concrete and shall extend at least
from the highway traveled way to the right-of-way and shall be constructed
to comply with the City of Fort Collins "Design Criteria and Standards
for Streets."
4. Compaction of the embankment shall comply with City of Fort Collins
"Design Criteria and Standards for Streets."
5. Speed change lane shall be provided according to Exhibit "B."
6. The horizontal. axis of the access shall be at a right angle to the
centerline of the highway and extend a minimum of 40 feet beyond the
outside edge of the nearest lane.
7. If frost is present in the sub -grade, no surfacing material shall
be placed until all frost is gone or removed.
8. Owner is responsible for any utilities disrupted by the construction
of this driveway and all expenses incurred for repair.
9. Construct handicap ramps at the intersection of sidewalks and curbs
according to Attached Plan.
10. Drainage to the State Highway right-of-way shall not exceed the historical
flow.
11. Construction of this driveway shall conform to the attached plan and
City of Fort Collins standards and specifications.
12. Highway striping, if rd.4, shall be done by the Permittee.
13. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR.
DEPARTMENT OF HIGHWAYS - ST - OF COLORADO ce of acceptance by
APPLICATION FOR ACCESS PERMIT Issuing Authority
INSTRUCTIONS: Complete this form and attach all necessary documents prior to submitting it to the issuing authority. Check with the issuing
authority for what plans and other documents are required to be submitted with your application. Contact the nearest office of the Department of
Highways or your local government to determine the issuing authority. Some questions may not apply to you. Contact the issuing authority if you have
any questions.
Please Print
L Applicant
Name
Address - I'
2, Property Owner (Permittee)
Name o
Address
3. Address of Proper to be served by Permit (if it has an
r n.-,max.
Phone
City _ State Zip
Phone
City 1 -' r' ' State Zip
4. Legal description of property Subdivision , Block , Lot
County - '1 4 1 Ff t 0-Section !,p , Township 7 U , Range !e 9 14-
5. The requested access would be located on the 6FA6 t' side of State Highway ;;—,R l a distance of
u
approximately -�_ � _feet_ (N.S.EW.) from milepost Precise location of the proposed access
' Ci
may be illustrated on plans or maps. The applicant expects to begin construction on or about (Dale).
6. Is there existing access to the property? Yes No It so, show on plan. Do you presently have an access permit? Give permit
number . Do other existing or dedicated public streets,roads, highways or accesseasements abut the property? Yes
No List them or show on plans.
7. For commercial and industrial requests answer the following:
a. How many businesses will be served? -
b. What types of business will be served and what is the floor area square footage of each. ,
,;L ONE
GT/f r L
8. For an agricultural field acres,, how many acres will the access serve? t /
9. For residential development provide typels), e.g. detached single family, apartments, townhouses, and number of dwelling units to be served.
10. Provide m estimated traffic count for each vehicle type that will be using this access. Leaving property then returning is two counts. Please check
box according to type of estimate used: Average dailyy _, Average weekday peak hour other, specify
Number of passenger cars Z / Multi unit trucks
Vehicles in excess of 30 feet .,;n i.?A Farm vehicles
Vehicles in excess of 30,0001bs. G.V.W. Other, (specify)
11, The following documents may be required by the Issuing Authority to complete their review of the application,
submitted plans should be no larger than 24" x 36
a. Highway and driveway plan and profile.
b. Complete drainage plan showing impact to the highway right-of-way.
c Map and letters detailing utility locations before and after development in and along the right-of-way of the highway.
d- A subdivision zoning or development plan.
e. Property map Indicating other access and abutting public roads and strcets_
f. Proposed access design.
g. Parcel and/or ownership maps including easements.
h- Signing and Stripping plans-
12. Applicant is requesting a; permanent access temporary _____, or improvement to existing access
If an access permit is issued pursuant to this application, the terms and conditions of the permit shall be based in part
upon the information provided by the applicant. Changes in the use of the permitted access that are not consistent with
the terms and conditions of the permit or this application may be considered a violation of the permit.
The applicant hereby declares that all information provided on this form and any submitted attachments(s) for the
purposes of obtaining an access permit are to the best of his knowledge correct and complete. Providing false
information to a government agency is punishable as perjury in thesecond degree, as well as being punishable underany
other applicable state or federal laws.
SIGNATUREf%)
Relationship to property. (owner? lessee? please specify.)
DATE
Since an approved access becomes an important and integral part of the property,we requirethat when theapplicant is
not the surface rights owner of the property, this application must also besigned bvthe surface rights owneror his legally
authorized representative (or other acceptable written evidence) concurring in this application. If a permit is authorized,
the property owner will be listed as the permittee. The authorized access permit may be recorded in the county of record.
,d
Property Owner (x) Date
DOH Form No. 137
Rev.lune,1985
DEPARTMENT OF HIGHWAYS SHIIW:Larr• lungmeyer (493-1463) e HighwayNo/M 287/342.625/F.
Local lunsdiction
STATE OF COLORADO : City of Ft. Collins
DIVISION OF HIGHWAYS 04/01/04
DOH Form No. 172 Dist/Section/Patrol
Rev. September, 1984 Permit No. (if approved) 489074
VARIANCE FROM THE STATE HIGHWAY ACCESS CODE
WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION.
1. State specific reasons for this variance request. Documents verifying statements may be requested or should be
provided with request. State specific sections of the State Highway Access Code from which this request seeks relief.
(Additional sheets may be attached). If variance is temporary, state conditions which will change allowing the access to
conform to the access code. If a date is known when conformance can be achieved, provide that date.
T41S ZE006ST !S LOK A VkCIgOCG )=cg >lfG GOCA7r011 or— TCrrL=
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THIS FORM SUBMITTED BY = C`�^yam tG DATE J
ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY.
2. Recommendation of local government authority. When local government has issuing authority, this recommen-
dation must be signed by an authorized official.
3. Recommendation of the District Traffic and Safety Engineer:
/l Ecoi,q,sr eaz � %7,0/Jl'Ovcc..
/III
/�1u � � � Ni J t�i- � . - • j.
III
(X) Date
4. Recommendation of the Section Maintenance Superintendent:
Date 9
FINAL ACTION TAKEN BY THE DISTRICT ENGINEER:
Having reviewed t l/rte�lrequest and all materials attached, I hereby:
APPROVE(X) _
DENY(X)
this request for variance from the standards of the State Highway Access Code. Date
White copy - Dist. Permit files
Canary nDv - Staff ROW
DEPARTMENT of HIGHWAYS SHMW: Lar Jungmeyer (493-1463) a Highway No/Mp/side •Gz
STATE OF COLORADO Local Jurisdiction r�rT- c I I i1,
DIVISION OF HIGHWAYS Dist/Section/Patrol 04/01/04
DOH Form No. 112 489074
Rev. September, 1984 Permit No. (if approved)
VARIANCE FROM THE STATE HIGHWAY ACCESS CODE
WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION.
1. State specific reasons for this variance request. Documents verifying statements may be requested or should be
provided with request. State specific sections of the State Highway Access Code from which this request seeks relief.
(Additional sheets may be attached). If variance is temporary, state conditions which will change allowing the access to
conform to the access code. if a date is known when conformance can be achieved, provide that date.
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COCL8Gr3 IQveiuuGr Ace� doeiT/ZOL Z.AN.
THIS FORM SUBMITTED BY /f Lc" DATE��WT
ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY.
2. Recommendation of local government authority. When local government has issuing authority, this recommen-
dation must be signed by an authorized official.
'W 41
(X��Z Date
3. Recommendation of the District Traffic and Safety Engineer:
(X Date 9 zo
4. Recommendation of the Section Maintenance Superintendent:
(XY���j Ear Datep
FINAL ACTION TAKEN BY THE DISTRICT ENGINEER:
Having reviewed�yj�/A ri e request and all materials attached, I hereby:
APPROVE(X)
DENY(X)
this request for variance from the standards of the State Highway Access Code. Date _/4�-
White copy - Dist. Permit files
Cnnary rnnc - Ctaff RO`N
the fee for Lot 3 shall be adjusted proportionately. Further, if
the area of impervious surface should change from that which is
shown on the said site plan, the fee may be adjusted in propor-
tion to the change in impervious surface.
4. This Agreement shall be binding upon the parties, their
heirs, successors, representatives and assigns, and shall be
deemed to run with the property known as the Market Place P.U.D.
in the City of Fort Collins, County of Larimer, State of Colo-
rado.
5. This Agreement constitutes the entire understanding of
the parties hereto with regard to this subject matter hereof and
may be amended only by subsequent written agreement of the
parties.
IN WITNESS WHEREOF, this Agreement is executed the day and
year first above written.
ATTEST:
City Cl
AS TO FORM:
torney
STATE OF COLORADO )
) SS.
COUNTY OF EL PASO )
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: Z_6�
C'dCity Manager
COLLINS PARTNERS, LTD.
A Colorado Limited Partnership
By: South Collins
a Colorado General Partnership
General Plartner
Acknowledged before me this 8th day of November, 1989 by Jay Rosenbaum,
Lis General Partner of South Collins, a Colorado General Partnership, as
General Partner of Collins Partners.
Iiiy Commission expires: 11-21-91 ,)e' a
101 N. 'ascade, Ste 400
Colora o Springs, CO 80903
110389/whm/collins.agr
- 2 -
MGAG11A
10/16/85
ROAD CONSTRUCTION AGREEMENT
THIS ROAD CONSTRUCTION AGREEMENT ("Agreement"), which shall
be effective as of the latest date of execution by any party
hereto, is between TROUTMAN PARTNERSHIP, a Colorado general part-
nership ("Purchaser") and FORT COLLINS ASSEMBLAGE, LTD., a
Colorado limited partnership ("Seller").
RECITALS
A. Purchaser is currently the contract purchaser of sever-
al parcels of real property in the County of Larimer, City of
Fort Collins, Colorado for the purpose of assembling and con-
structing upon such parcels a shopping center (the "Shopping
Center Parcel"). The Shopping Center Parcel is roughly as shown
on Exhibit A, which is attached hereto and incorporated herein by
this reference.
B. Subject to the following sentence, Seller is the owner
of that certain parcel of real property, which is adjacent to the
Shopping Center Parcel, and which is shown on Exhibit A as the
"Seller Parcel.". A portion of the Seller Parcel is, as of the
date of execution hereof, encumbered by an undivided fifteen
percent (15%) interest in the fee by a third party (unrelated to
the transaction). Seller shall endeavor to acquire that 15%
undivided interest.
C. In order to facilitate access, and to benefit both the
Shopping Center Parcel and the Seller Parcel, Purchaser and
Seller desire to construct, at their mutual expense as hereafter
provided, a portion of a road, roughly as shown (cross -hatched)
on Exhibit A as "Troutman Parkwav".
D. To accomplish the construction of the road, Seller
desires to grant Purchaser (subject to Article V) the appropriate
easements to allow Purchaser to commence and prosecute construc-
tion, the cost of which is to be paid by Purchaser and Seller
jointly. After completion of the construction, Purchaser shall
commence and prosecute all acts necessary, with Seller's full
cooperation, to assure the proper dedication of the road and the
real property upon which the road is constructed to the City of
Fort Collins; Purchaser will compensate Seller for the value of
the real property so dedicated, as hereafter provided.
NOW, THEREFORE, in consideration of the mutual promises con-
tained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby confessed and ac-
knowledged, Purchaser and Seller agree as follows:
ARTICLE I
EASEMENT
1.1. Subject to Article V, Seller hereby grants to Purchaser
a perpetual, non-exclusive easement over, under and across the
parcel of real property roughly shown on Exhibit A (cross-
hatched) as "Troutman Parkway", which parcel is legally described
on Exhibit B, which is attached hereto and incorporated herein by
this reference ("Road Parcel"). The easement shall be for the
purpose of construction by Purchaser of a permanent road (the
"Road"), including any and all curbing, utility, water and sewer
lines, grading or regrading and pavement, all as may be deemed
necessary by ]Purchaser or any governmental authority having jur-
isdiction over the Road upon dedication as provided in Ar-
ticle III. Said easement shall also be for the purpose of in-
gress and egress of automobile and pedestrian traffic along the
y EXHIBIT
BJAGII
10/09/85
Road in order to facilitate access by Purchaser's tenants, invit-
ees customers and permittees to the Shopping Center to be con-
structed by Purchaser on the Shopping Center Parcel.
1.2. Subject to Article V, Seller hereby grants to Pur-
chaser, Purchaser's contractor, materialmen and workmen an unre-
stricted, non-exclusive easement over the strip of real property
abutting the Road Parcel on the north for a width of 150 feet,
for construction and maintenance as shall be reasonably necessary
to construct and maintain the Road pursuant to Section 1.1. Said
easement may be utilized by vehicles transporting construction
materials and equipment and by persons employed in connection
with any construction work provided for herein, including tempo-
rary storage of materials and vehicles being utilized in connec-
tion with such construction.
1.3. Prior to exercising any right pursuant to the easements
granted in Sections 1.1 and 1.2, Purchaser shall provide Seller
with certificates of insurance showing that the construction
contractor or contractors have obtained the minimum insurance
coverage set forth below, naming Purchaser and Seller as insured
thereunder. All such insurance shall provide that the same can-
not be cancelled without 30 uays prior written notice to Seller:
(a) Workers' compensation, statutory limits;
(b) Comprehensive general and comprehensive auto lia-
bility covering the following matters:
(i) Bodily injury: $3,000,000 per occurrence;
(ii) Property damage: $3,000,000 per occurrence;
(iii) Independent contractors contingent liability
or owner's protective liability: same coverage as set
forth in (i) and (ii), above;
(iv) "XCU" hazard endorsement, if applicable;
(v) "Broad form" property damage endorsement;
(vi) "Personal injury" endorsement; and
(vii) Contractual liability insurance.
The cost of all the above -referenced insurance shall be included
in the costs of construction of the Road, which costs shall be
shared equally by Purchaser and Seller pursuant to Article II.
Such costs shall be the pro rata portion of the total insurance
cost for the Shopping Center construction, equal to the ratio of
the cost of the Road construction to the total cost of Shopping
Center construction, which apportionment shall be further ad-
justed for the relative construction time periods.
1.4. No fence or other barrier which would in any way pre-
vent or obstruct the passage of pedestrians, vehicles or equip-
ment traffic or impede the construction of the Road or access to
the Shopping Center Parcel shall be erected or pei:ztitted by
Seller. The foregoing shall not prohibit barricades erected and
reasonably necessary in connection with construction of the Road.
1.5. The term of the easements granted pursuant to Sec-
tions 1.1 and 1.2 shall be as follows:
(a) The easement granted pursuant to Section 1.1 shall
commence upon the effective date hereof shall only terminate
in the event of final dedication and acceptance oy the City
of Fort Collins of the Road Parcel pursuant to Article III.
BJAGII
10/09/85
(b) The easement granted pursuant to Section 1.2 shall
commence upon the effective date hereof and continue until
construction of the Road is complete, pursuant to the terms
of Article II.
ARTICLE II
CONSTRUCTION OF ROAD AND PAYMENT OF COSTS
2.1. Purchaser and Seller shall each pay one-half of the
total cost of construction of the Road in the amount and upon the
terms described below and in Article IV. Purchaser shall be
solely responsible for the actual construction of the Road, and,
except as described below, Seller shall have no authority to
change or affect the Road construction in any way.
2.2. Seller's obligation to pay one-half of the cost of con-
struction of the Road shall be discharged as set forth in Ar-
ticle IV. The cost of construction of the Road shall be deter-
mined by a separate bid (the "Road Construction Bid") by Saunders
Construction, Inc., Purchaser's contractor for its shopping
center development. In arriving at the Road Construction Bid,
Purchaser shall bid each principal trade involved in construction
of the Road to at least =hree subcontractors, and shall include
in the Road Construction Bid the lowest acceptable subcontractor
bid. The Road Construction Bid shall be based on detailed draw-
ings of the construction work on the Road (which drawings shall
be prepared by Seller), as approved by Purchaser and Seller (and
as attached hereto as Exhibit C and incorporated herein by this
reference), and shall include all phases of the construction pro-
cess for the entirety of the Road as approved -by the appropriate
governmental authorities and as shown on the Master Street Plan
for the City of Fort Collins, the cost of which construction
shall include, without limitation, architectural and engineering
drawings and .supervision, materials, labor, insurance (pursuant
to Article I), cost of permits and all other expenses associated
with such construction, but shall not include Purchaser's or
Seller's overhead expenses. In addition, the Road Construction
Bid shall include all costs associated with the design and con-
struction of any traffic signals, curbing, medians, water lines,
public walkways, signage, permits and applicable fees, sanitary
or storm sewers and any other utilities, a reasonable contrac-
tor's profit, as well as any ancillary construction required on
adjoining property in order to complete construction of the Road
as contemplated and as required by any municipal authority in
conjunction with such construction. Such bid shall also include
the costs of any tap fees for any utilities or any fees on
charges imposed or required by any municipal or quasi -municipal
agency in order to complete the Road. Should any municipal or
governmental :authority require that any part of the Road con-
struction be prosecuted by such municipal or governmental author-
ity at the property owner's expense, both Purchaser's and
Seller's obligation to pay for one-half of the cost of such con-
struction work will be as if the work were prosecuted by Pur-
chaser as aforesaid. Upon commencement of construction of the
Road, Purchaser's contractor shall submit separate invoices for
the cost of construction of the Road. Purchaser shall send
copies of all such invoices to Seller. PurchaseL shall not be
required to receive any sort of approval by Seller of any in-
voices. Purchaser shall timely pay all invoices.
In the event the contractor should submit a "Change
Order" (as defined below) with respect to construction of the
Road, such Change Order must be approved in writing by Seller;
Seller's failure to approve or reject any change order within
five business days of Seller's receipt of same shall be deemed to
be Seller's irrevocable consent to such Change Order. For the
k
BJAGII
10/09/85
purpose of this Agreement, the term "Change Order" shall mean any
work required to be performed, in the contractor's professional
di...ce�., ,,, wor, is not included in the drawings and speci-
fications upon which the Road Construction Bid was based. Seller
shall have no right to object to a Change Order unless the same
is an extraordinary requirement caused directly by Purchaser's
development of the Shopping Center Parcel, or if Seller reason-
ably believes the cost thereof to be grossly excessive. The
foregoing shall not be construed to allow Seller to object based
on additional municipal requirements resulting from Purchaser's
development, but rather to allow Seller to object to a Change
Order in the event of additional physical construction require-
ments directly resultant from Purchaser's development of its
Shopping Center which is not the result of -unicipal or quasi -
municipal requirements. In the event Seller should reasonably
object to any Change Order, and Seller's objection cannot be
resolved, Purchaser shall make the additional payment pursuant to
such Change Order, and such payment will be deemed to have been
made under protest, in which event Purchaser's right of action
with respect to the same in law or equity shall be reserved.
2.3. Construction of the Road shall be deemed complete when
construction is in compliance with all drawings, plans and speci-
fications therefor and when formal and final approval has been
granted by the City of Fort Collins and any other governmental
authority with jurisdiction over the Road and all dedication
requirements of such authorities have been met.
2.4. In the event Purchaser's construction of the Road re-
quires the removal from the Road Parcel of any buildings, trail-
ers or other improvements, Seller shall, within 15 days of execu-
tion hereof, give the owners or tenants thereof proper and timely
legal notice to vacate and shall see to it that such improvements
are promptly vacated within seven months of the execution date
hereof. Purchaser shall have the right to demolish and remove
such improvements.
ARTICLE III
DEDICATION
3.1. Upon completion of construction of the Road, pursuant
to Article II, Purchaser shall take all steps necessary, at
Purchaser's and Seller's mutual expense, to cause the Road Parcel
and completed :Road to be dedicated to the City of Fort Collins
such that the Road and Road Parcel shall become the property of
the City of Fort Collins in fee simple absolute and the city
assumes all responsibility for maintenance and liability on the
Road and Road Parcel. Seller shall, upon request by Purchaser,
execute, acknowledge and deliver any and all dedications, grants,
plats, instruments, consents and other documents as Purchaser may
reasonably require.
3.2. Prior to dedication pursuant to Section 3.1, Purchaser
or Purchaser's contractor, as part of the expense of Road con-
struction pursuant to Article II, shall obtain and deliver to
Purchaser, Seller and to Security Title Guarantee Company (com-
mercial division of Denver) a current boundary and improvements
survey of the Road Parcel to be dedicated with permanent corner
pins in place, certified as to date, to Seller, Purchaser and --o
Security Title Guarantee Company, prepared from an "on the
ground" inspection by a registered engineer or licensed land
surveyor in the State of Colorado, showing thereon the correct
legal metes and bounds description of the Road Parcel, its proper
dimensions, any and all improvements, ditches, waterways, flood
plains, reservoirs, fence locations, easements, rights -of -way,
utilities and adjacent roadways upon, under and/or adjacent to
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MGAGI1A
10/16/85
the Road Parcel, and certifying that no improvements situate
upon, under or adjz�.._nteo the Road Parcel are subject to en-
croachments, overlaps or overhangs, and that no easements or
restrictions of record have been violated in any respect. This
survey shall comply in all respects with Minimum Standard Detail
Requirements of Land Title Surveys jointly established and
adopted by ATA and ACSM in 1962. The survey shall contain a
certified computation of the exact number of square feet com-
prising the Road Parcel.
3.3. Prior to dedication pursuant to Section 3.1, Seller
shall cause to be prepared, at Purchaser's and Seller's mutual
expense, a current commitment for title insurance )olicy, which
commitment shall comply with the requirements of the City of
Fort Collins .for dedication. In the event that the City of Fort
Collins requires a title insurance policy, Seller shall deliver,
at Purchaser's and Seller's mutual expense, an owner's title
insurance policy consistent with the commitment to the City of
Fort Collins after dedication.
ARTICLE IV
CONSIDERATION
4.1. As consideration for all of Seller's obligations pur-
suant to this Agreement, Purchaser shall pay to Seller a sum
calculated as follows:
(a) The product of $3.00 multiplied by the number of
square feet of the Road Parcel as dedicated (which square
footage shall be determined in the survey made pursuant to
Section 3.2); reduced by
(b) One-half of the total cost of construction of the
Road, pursuant to Article II.
The above -referenced sum shall hereinafter be referred to as the
"Consideration".
4.2. The Consideration shall be payable after successful and
complete dedication of the Road Parcel to the City of Fort
Collins, pursuant to Article III, and shall be paid in the form
of Purchaser's unsecured promissory note payable to the order of
Seller which promissory note shall provide for payment of the
Consideration on the date which is two years from the date of
execution of said promissory note, and which shall bear simple
interest at a rate of 1% per annum above the prime interest rate
at the United Bank of Denver, N.A. The promissory note shall be
prepayable at any time without premium or penalty. The promis-
sory note shall be dated and executed as of the earlier of:
(a) the dedication date (as described in the first sentence of
this Section); or (b) one (1) year from the date of completion of
construction, as set forth in Section 2.3.
ARTICLE V
CONTINGENCY
5.1. The obligations of Purchaser and Seller pursuant Lo
this Agreement are contingent upon the removal of any fee inter-
est in the Road Parcel of any party other than Fort Collins
Assemblage, Ltd., a Colorado limited partnership. In the event
this contingency is not satisfied within one (1) year after the
date of execution hereof, then this Agreement shall be null and
void.
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BJAGII
10/09/85
ARTICLE VI
MIS�ij- 4 ouo
6.1. This Agreement may be executed in counterparts, each of
which shall constitute an original, but altogether shall consti-
tute one and the same agreement.
6.2. This Agreement and all questions of interpretation,
construction, and enforcement hereof, and all controversies here-
under, shall be governed by and construed in accordance with the
laws of the state of Colorado.
6.3. The captions at the beginning of the several Articles
are for convenience in locating the context, but are not part of
the context.
6.4. In the event any term or provision of this Agreement
shall be held illegal, invalid, unenforceable, or inoperative as
a matter of law, the remaining terms and provisions of this
Agreement shall not be affected thereby, but each such term and
provision shall be valid and shall remain in full force and ef-
fect.
6.5. This Agreement embodies the entire agreement between
the Parties and supersedes any and all prior agreements and un-
derstandings, written or oral, formal or informal. No exten-
sions, changes, modifications or amendments to or of this Agree-
ment, of any kind whatsoever, shall be made or claimed by Pur-
chaser or Seller, and no notices of any extension, change, modi-
fication or amendment made or claimed by Purchaser or Seller
shall have any force or effect whatsoever unless the same shall
be endorsed in writing and fully signed by Purchaser and Seller.
6.6. None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the Parties in
their respective businesses or otherwise, nor shall it cause them
to be considered joint venturers or members of any joint enter-
prise. This Agreement is not intended nor shall it be construed
to create any third -party beneficiary rights to any Person who is
not a Party hereto unless expressly provided otherwise.
6.7. If any Party shall fail to pay when due any amount
required to be paid to any third party pursuant to this Agree-
ment, the other party may pay such amount and shall be entitled
to payment of such amount from the failing party, plus interest
at the rate of 18% per annum (or the highest legal rate, which-
ever is less) from the date of such payment until paid in full.
If any party shall fail to pay any amount for which it is liable
pursuant to this Agreement to any other party within 30 days of
written demand therefor (unless a greater or lesser time is spe-
cifically provided herein, in which case such specific time per-
iod shall apply), the party to whom such amount is owed shall be
entitled, at its option, to a lien against all real property
owned by such defaulting party for the amount owed, plus costs
and attorneys' fees incurred in collecting such amount, including
foreclosure of such lien. To the extent permitted under appli-
cable law, such lien shall be a mechanic's lien, shall be enti-
tled to the same priority as a mechanic's lien.
6.8. In the event any party shall institute any action or
proceeding against another party relating to the provisions of
this Agreement, or any default thereunder or to collect any
amounts owing hereunder, the non -prevailing party in such action
or proceeding agrees to reimburse the prevailing party therein
for the reasonable expenses of attorneys' fees, expert witness
fees and disbursements incurred therein, including such cost and
expenses incurred in connection with any such action or proceed-
ing and any appeals therefrom.
BJAGII
10/09/85
6.9. In all instances where, pursuant to this Agreement a
party's consent or approval is required such consent or approval
shall not be unreasonably withheld or aelayed, unless it is spe-
cifically provided that such consent or approval shall be in a
Party's sole discretion.
6.10. All notices required herein shall be in writing and
delivered to the parties hereto, or mailed to the parties hereto
by registered or certified mail at the addresses set forth below,
unless notice of change of address is hereinafter given by the
parties in writing.
If to Purchaser:
If to Seller:
Troutman Partnership
1600 Stout Street, Suite 1800
Denver, Colorado 80202
Attn: Jed Hayes
with a copy to:
Matthew D. Gordon
Roath & Brega, P.C.
1700 Writers' Center Five
1873 South Bellaire Street
P. O. Box 5560 T.A.
Denver, Colorado 80217
Fort Collins Assemblage, Ltd.
3600 South Beeler, Suite 200
Denver, Colorado 80237
Attn: William Strickfaden
with a copy to:
William Bostrom
Bostrom, Haring and Hitt
730 Seventeenth Street, Suite 500
Denver, Colorado 80202
IN WITNESS WHEREOF, Purchaser and Seller have executed this
Road Construction Agreement on the dates indicated below.
TROUTMAN PARTNERSHIP,
a Colorado general partnership
By:
Gene al Partner
Da t k i Sis
FORT COLLINS ASSEMBLAGE, LTD.,
a Col ad limited part ship
B .
William K ck aden
General Pa�oi Date:
-7-