HomeMy WebLinkAboutBLOCK 122 200 SOUTH COLLEGE AVENUE OLD TOWN LOFTS - Filed OA-OTHER AGREEMENTS - 2005-04-081:-1y_04; y;1%PM: P i ONT IF HNENG
;9702214159 # 2
OPTION AGREEMENT FOR PARKING PERMITS
T JIS OPTION AGREEMENT FOR PARKING PERMITS, is entered into this Z 40� day
of 2004, by and between the CITY OF FORT COLLINS, COLORADO
("City") d FRONT RANGE LAND RESOURCES, INC. a Colorado corporation ("Front Range").
IN CONSIDERATION of the payment by Front Range to the City of the sum of One
Thousand Five Hundred and no/100 Dollars ($1,500.00), the receipt of which is hereby
acknowledged, which sum is hereafter referred to as the "Option Payment" the City hereby grants
to Front Range an option to purchase up to fifty (50) parking permits for the Oak/Remington Parking
Lot at the market rate for such parking spaces as it exists on June 1, 2005. Accordingly, although
the City may sell permits for the said fifty (50) parking spaces for usage prior to June 1, 2005, the
permits must become immediately available to Front Range commencing June 1, 2005 in the event
that Front Range elects to exercise this option. In order to exercise this option, Front Range must
give written notice to the City on or before May 1, 2005, of its intent to so exercise the option. If
the option is timely exercised, then the City shall assemble the parking permits so that they are ready
for delivery by June 1, 2005. If Front Range fails to timely exercise the option, then the permits shall
immediately become available for the City to sell to other parties and the Option Payment shall be
forfeited to the City.
Any permits purchased by Front Range under the terms of this Option shall carry the same
rights, privileges and obligations as any other permit in the Oak/Remington Parking Lot but no
additional rights or privileges (such as reserve spaces or signs identifying the lessee). Furthermore,
the City makes no assurances that, by the sale of the aforesaid permits, the developer's Land Use
Code requirements for the supply of parking are satisfied.
IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement the day
and year first above written.
Attest:
City Clerk
THE CITY OF FORT COLLINS, a
municipal corporation A
By:. I
-T NJ- S) r^ City
Approved
7as form:
Deputy City Attorney
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EXHIBIT
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(EAST PORTION)
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LOT 9, BLOCK 122
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LINE OF OAK STREET
(BASIS OF BEARINGS)
\ E.AST LINE OF LOT 9,
NE CORNER
\/ BLOCK 122
LOT 9, BLOCK 122
5 0 5
10
15 Feet
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ENGINEERING
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420 SOUTH HOWES, SUITE 202
FORT COLLINS, COLORADO 80521
970.221 4158
FAX 970.221.4159
LEGAL DESCRIPTION: EAST RAMP AREA
An area being a portion of the Right -of -Way of Oak Street, City of Fort Collins, State of
Colorado being more particularly described as follows:
Considering the North line of Lot 9, Block 122 of the City of Fort Collins as bearing
South 89°23'42" West and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Lot 9; thence, along the North line of said
Lot 9 and the South Right -of -Way line of said Oak Street, South 89°23'42" West, 37.19
feet to the POINT OF BEGINNING; thence, continuing along said line, South
89023'42" West 18.00 feet; thence, departing said line, North 00°39'23" West, 8.04 feet;
thence, North 89°20'37" East, 18.00 feet; thence, South 00°39'23" East, 8.06 feet to the
POINT OF BEGINNING.
The above described area contains 145 square feet or 0.003 acres more or less and is
subject to all easements and rights -of -way now on record or existing.
December 22, 2004
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A OH IT E G T S
ARCHITECTURE INTERIOR DESIGN
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OLD TOWN
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ENCROACHMENT PLAN
SD-1.1
Set. Sheet # AS.1
Checked by BM I Scale V --
COLORADO DEPARTMENT OF TRANSPORTATION Please print or type
UTILITY / SPECIAL USE PERMIT APPLICATION �4
Instructions: Complete this Form, attach all required documents, and submit it to the appropriate Permit Office. To determine which
side of this form and/or contact the Permit Office. You must submit all required
documents are required, refer to the reverse
documents or the application will be deemed to be incomplete and will not be accepted. Please do not FAX completed forms or
documents.
Permittee: property or utility owner
Name
Address
Contact person
Telephone
Applicant if other than pernnittee
Name
N 0 VlC
Address
vJES C.Ts 001,5Z
Contact person Telephone
VAr LA_ t4I so
D tiom (furnished by permittee)
Achvlty escrlp
Purpose of Utility Permit
[IInstallation k Adjust/relocation ❑ Removal ❑Maintenance or existing facility
Facility (type, size, class of tr`a/n`srnittant, design pressure or potential, etc.)
�V L, ("L �-'L.(_. V 1�.�- 2 L v t�0C(L
Nature of Installation Longitudinal (parallel) ❑ Buried' ❑ Attach to Highway Structure #:
UG Transverse (crossing) ❑ Aerial/Ground-mounted
Purpose if for other than Utility Permit (i.e. Special Use Permit)
❑ Landscaping ❑ Survey ❑ Spill Cleanup ❑ Site Restoration
VConstruction within right-of-way ❑ Other (describe)
State Highway No. County City/rown
Location relative to SH milepost s)
Location relative to intersecting feature(s), e.g., cross street, stir. #, etc.
sat,t+ r_u¢taEq 28'i Ccnt►�yc tadc� t OA-w SlMfler
Intended start date and planned duration of work
Additional remarks
If Permittee will own or operate underground facilities in State Highway rights -of -way: Indicate contact person for
Telephone
underground location information:
'Notice to Excavators. You must notify owners or operators of underground utilities at least two (2) business days prior to making or beginning excavations in
the vicinity of such utilities, as required under Section 9-1.5-103, CRS. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC), 1-800-922-1987,
FOR MARKING OF MEMBER UTILITIES. Contact non-member utilities directly.
Page 1 — See Reverse Side For Additional Instructions
Printed 12/03 editions of this form may be used until supply is exhausted. CDOT Form #1233 ovoa
1/-11—Ui: 9' 1] Aid: I.O R T FE R N F 1G
;9702214159 # 3
Attest:
Secretary
FRONT RANGE LAND RESOURCES, INC.,
a Colorado Corporation
By:
��g S�o�l VlG2��jj 4�L'ESt>r�T
REVOCABLE PERMIT FOR OLD TOWN LOFTS BUILDING
KNOW ALL MEN BY THESE PRESENTS: That the Grantor City of Fort
Collins, a Colorado municipal corporation, of the County of Larimer and State of
Colorado, (the ' City"), in consideration of Ten Dollars (510.00) in hand paid, receipt of
which is hereby acknowledged, and other good and valuable consideration, does hereby
grant to the Grantee Front Range Land Resources Inc, a Colorado corporation. ("the
Pcnnittee"), a nonexclusive, revocable permit authorizing the herein described use of,
and access over., under and across the real property described on Exhibits "A" through
"F." attached hereto and incorporated herein by this reference (the "Permit Area");
subject to the following conditions and requirements:
The Pcnnittee shall be authorized to install and use the building components
in the manner shown on existing Exhibit "E", consisting of two pages,
attached hereto and incorporated herein by this reference, and no other
improvements (including signage) shall be installed by the Permittee in the
Permit Area.
2. Installation of the building components shall follow all conditions as set forth
in the Development Construction Permit issued by the City of Fort Collins
Engineer. Construction and maintenance of said components shall be the
responsibility of the Permittee or its successors.
3. The Permittee hereby agrees that, in consideration of the granting of this
Permit, the Permittee shall promptly pay any taxes and assessments which
may be levied, charged or imposed upon or against the premises as described
in Exhibits A through E above, when due.
4. The Permittee shall be solely responsible for and shall defend, indemnify,
keep and save harmless the City, its officers, agents and employees against
any and all injuries, deaths, losses, damages, claims, suits or causes of action
of any kind whatsoever which may hereafter arise, relating to or in any way
arising from or as a consequence of the granting of this permit, or from any
work perfonned hereunder, whether or not it shall be alleged or determined
that the act or omission was caused by negligence of the Permittee or the
Permittee's employees, or of any contractor or subcontractor or their
employees, if any, or of the City or its officers, agents and employees. The
Permittee shall, at the Permittee's sole expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefrom or
incurred in connection therewith, and, if judgment shall be rendered against
the City, its officers, agents or employees, in any such action, the Pcnnittee
shall, at the Permittee's sole expense, satisfy and discharge the same.
5. The Pennittee, prior to issuance of any certificate of occupancy for the
development, shall provide the City with evidence of general liability
insurance covering and pertaining to the subject premises of this Pcnnit, in the
amount of One Million Dollars ($1,000,000.00) per occurrence in conjunction
with an aggregate amount of Two Million Dollars ($2,000,000.00), and
naming the City as an additional insured on all such policies. All insurance
required hereunder shall be issued by an insurance company authorized to do
business in Colorado which meets all of the requirements of the Division of
Insurance for that purpose. Upon each yearly renewal of the Permittee's
general liability insurance policy, the Permittee shall provide to the City proof
of the insurance coverage required herein.
G. The Permittee expressly understands and agrees that any insurance protection
required by this Permit shall in no way limit the responsibility of the Permittee
to defend, indemnify, keep and save harmless the City as hereinabove
provided.
7. It is further expressly understood that the City shall not be liable to the
Permittee for any loss, cost or expense which the Permittee shall sustain by
reason of any damage to its property or business caused by or growing out of
the construction, repair, reconstruction, maintenance, existence, operation or
failure of any of the sewers, structures, streets, sidewalks or other works or
equipment of the City now located or to be constructed upon said premises or
upon the property of the City adjacent to said premises, or by reason of the
City's exercise of any other rights which may be necessary in furtherance of
its municipal purpose.
8. The Permittee also agrees that, if the City incurs any additional expense for
work which the City would not have to incur if this Permit had not been
executed, then, in that event, the Permittee agrees to pay to the City such
additional expense, as determined by the City Engineer, promptly upon
rendition of bills therefor to the Permittee.
9. The Permittee expressly understands and agrees that, since College Avenue is
a roadway under the jurisdiction of CDOT, CDOT has the authority to revise
College Avenue in a manner that could require alteration of the
encroachments or termination of this Permit as it affects College Avenue.
Likewise, Oak Street is a roadway under the jurisdiction of the City and the
City has the authority to revise Oak Street in a manner that could require
alteration of the encroachments or termination of this Permit as it affects Oak
Street,
10. This revocable permit is issued to the Permittee in connection with the
development by the Pennittee of the Old Town Lofts Building Development.
The Permittee shall record a Declaration of Covenants, Conditions and
Restrictions of Old Town Lofts Building ("Condominium Declaration") for
the development site adjacent to the land which is the subject matter of this
revocable permit, which Condominium Declaration shall make specific
mention of the existence and general content of this revocable permit. The
2
Condominium Declaration shall provide for the creation of a condominium
association pursuant to the Condominium Declaration ("Condominium
Association"), which Condominium Association shall, among its other duties,
assume and discharge the obligations of the Permittee pursuant to this
revocable permit. Upon the recordation of the Condominium Declaration, (i)
this revocable permit shall be deemed transferred from the original Permittee
to the Condominium Association; (ii) the Condominium Association shall
assume all duties and obligations of the Permittee hereunder; and (iii) Front
Rangc Land Resources, a Colorado corporation, shall be released of any
duties, obligations and liabilities pursuant to this revocable permit which arise
subsequent to the recordation of the Condominium Declaration. Such
transfer, assignment, assumption and release shall be self -effectuating and
shall take effect automatically upon the recording of the Condominium
Declaration. Upon request by the City, the Condominium Association shall
execute such documents as shall be requested by the City to further evidence
such assignment and assumption of the duties and liabilities hereunder.
11. Inasmuch as the permit area remains public right-of-way, no person shall
consume alcohol or engage in any other behavior in this permit area which
would constitute a violation of the City Code.
12. The Permittee covenants and agrees that it shall strictly comply with any and
all federal, state, county or municipal statutes, laws, ordinances and
regulations which in any manner affect this Permit and any work done
hereunder, or which control or limit in any way the actions of the Permittee its
agents, servants and employees, or of any contractor or subcontractor or their
employees.
13. The Permittee covenants and agrees that upon revocation of this Permit as
hereinabove provided, the Permittee shall at no cost to the City, remove or
cause to be removed any and all improvements, structures, facilities,
equipment, debris, or other things erected or placed upon said premises, and
will yield up said premises to the City in as good condition as when the same
was entered upon by the Permittee. Upon the Permittee's failure to do so, the
City may do so at the sole expense and cost of the Permittee.
14. This Permit constitutes the entire understanding of the parties hereto, and
there are no oral or any other written understandings pertaining to the subject
matter hereof.
This Revocable Permit is issued in accordance with Sec. 23-83 of the City Code,
which authorizes the City Manager of the City of Fort Collins to permit the use or
occupation of any street, alley, or public place. This permit shall be revocable by the
City Manager at his pleasure as is authorized pursuant to Sec. 23-83 (d) of the City Code.
WITNESS OUR HAND S AND SEAL S this O O (� day of January, 2005.
3
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
U.
Darin Atteberry, City Manager
ATTEST: APPROVED AS TO FORM:
Wanda Krajieek, City Clerk W. Paul Eckman, Deputy City Attorney
GRANTEE:
FRONT RANGE LAND RESOURCES INC.
a Colorado corporation
ATTEST: By:
aaE Fon ara, Secretary �-f7r e Gilley, President
SITE PLAN EXHIBIT FOR ENCROACHMENT PERMIT
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NORTHERN OLD TOWN LOFTS BUILDING
ENGINEERING /� 200 SOUTH COLLEGE AVE.
SERVICES, I N C DRAWN BY: N. Haws SHEET NO
420 South Howes Street, Su to 202, Fort Collins, Colorado 80521 SCALE: tin=40ft
Phone: (970) 221-4158, Fax: (970) 221-4159
www.nortFiiernengineering.com ISSUED: 30-DEC-04 ISKT-1
NW CORNER
LOT 9,
BLOCK 122"r
EXHIBIT Ar
(WEST PORTION)
N 00'31'06" W
WEST LINE OF LOT 9,
1 ---- 1 Z
BLOCK 122
I ''.
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AND THE EAST
RIGHT—OF—WAY LINE
No
OF COLLEGE AVENUE
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WEST PORTION
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LOT 9, BLOCK 122
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185 eq.ft. !;
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1 0.002 acres
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OF THE CITY OF
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FORT COLLINS
1
S 00'39'23" E
POINT /
OF
BEGINNING
NORTH LINE OF
LOT 9, BLOCK 122
AND THE
SOUTH RIGHT—OF—WAY
LINE OF OAK STREET
(BASIS OF BEARINGS)
EAST LINE OF LOT 9,
BLOCK 122
NORTHERN
ENGINEERING
-i SERVICES, INC.
4203ou11t Howe, Street. Saia, 202. Foil Lolllns, Lolo240 00521
Phone (970)22141U F- (970)2214159
wunoMn en9inoe.irig. ca
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4.48'
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LOT 9, BLOCK 122
5 0 5 10 15 Feet
( IN FEET )
1 inch = 5 ft.
NORTHERN
ENGINEERING
SERVICES, INC.
420 SOUTH HOWES, SUITE 202
FORT COLLINS, COLORADO 80521
970.221.41 58
FAX 970.221.4159 C xAvarr 5
LEGAL DESCRIPTION: WEST RAMP AREA
An area being a portion of the Right -of -Way of Oak Street, City of Fort Collins, State of
Colorado being more particularly described as follows:
Considering the North line of Lot 9, Block 122 of the City of Fort Collins as bearing
South 89°23'42" West and with all bearings contained herein relative thereto:
Commencing at the Northeast comer of said Lot 9; thence, along the North line of said
Lot 9 and the South Right -of -Way line of said Oak Street, South 89'23'42" West, 122.94
feet to the POINT OF BEGINNING; thence continuing along said line, South 89°23'42"
West, 17.06 feet to the Northwest comer of said Lot 9; thence, North 00°31'06" West,
5.38 feet; thence, North 89020'37" East, 9.38 feet; thence, South 00°39'23" East, 0.92
feet; thence, North 89°20'37" East, 7.67 feet; thence, South 00°39'23" East, 4.48 feet to
the POINT OF BEGINNING.
The above described area contains 85 square feet or 0.002 acres more or less and is
subject to all easements and rights -of -way now on record or existing.
December 22, 2004
.jaa
S:lSurvey JObsWES Office BIdgDESCRIPTIOMWEST RAMP EASEMENTAd