HomeMy WebLinkAbout2011-039-04/19/2011-AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED LONG-TERM AIRPORT ACCESS AGREEMENT AND GRANT OF AC RESOLUTION 2011-039
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED
LONG-TERM AIRPORT ACCESS AGREEMENT AND GRANT OF ACCESS EASEMENT
WITH ROCKY MOUNTAIN AIRPORT INVESTMENTS, LLC AND RELATED
INTERGOVERNMENTAL AGREEMENTS WITH ONE OR MORE METROPOLITAN
DISTRICTS AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS, the cities of Fort Collins and Loveland (jointly, "the Cities")jointly own and
operate the Fort Collins-Loveland Municipal Airport ("the Airport"); and
WHEREAS, the Cities have previously entered into that certain Intergovernmental
Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated May 16,
2000; and
WHEREAS,Rocky Mountain Airport Investments,LLC,(the"Developer")is the owner and
developer of certain parcels of real property which are immediately adjacent to the Airport (the
"Adjacent Property"); and
WHEREAS,the Developer desires to develop the Adjacent Property as an airpark, with the
platted lots within the Adjacent Property having aircraft access to the Airport; and
WHEREAS,the Developer intends to establish one or more Metropolitan Districts("Metro
Districts")within the Adjacent Property to finance construction of improvements,make assessments
to pay airport access fees,and to manage the common areas and enforce covenants, conditions, and
restrictions against the real property; and
WHEREAS, the Cities believe that allowing the Developer and its successors and assigns
access to the Airport pursuant to certain terms and conditions, including the payment to the Cities
of a fair and reasonable access fee, will increase public access to the Airport, increase revenues to
the Airport, aid inmaking the Airport more financially self-sufficient, and contribute to improving
the economic health of northern Colorado; and
WHEREAS, on September 16, 2008, the City Council adopted Resolution 2008-088
approving a proposed agreement with the Developer to accomplish these purposes; and
WHEREAS, that agreement was never executed by the parties; and
WHEREAS, it has become apparent to both the Developer and the Cities that an updated
agreement is needed in order to address concerns related to the sequencing of platting the parcels,
creating the Metropolitan Districts,establishing a clear deadline for Federal Aviation Administration
approval and establishing specific provisions pertaining to required improvements; and
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WHEREAS, the staff of the Cities and the Developer have negotiated a revised long-term
airport access agreement,a copy of which is attached hereto as Exhibit"A"and incorporated herein
by reference ("the Access Agreement"); and
WHEREAS, attached to the Access Agreement as Exhibit "C" is an intergovernmental
agreement to be executed by the Cities with the Metro Districts to be formed by the Developer upon
development of the Adjacent Property ("IGA"); and
WHEREAS, the proposed Access Agreement and IGA set forth the terms and conditions
under which the Developer and its successors and assigns will be allowed access to the Airport and
ensure that those terms and conditions are enforced; and
WHEREAS, the Access Agreement and IGA contain the following major provisions:
a. The Cities grant the Developer and its assignee Metro Districts a 50 year access
easement ("Access Easement') onto the Airport from the specified Adjacent
Property;
b. The Developer and the Metro Districts will be responsible for the construction and
maintenance costs of all improvements necessary to make the access connection,
including fencing and gates;
C. The Developer and the Metro Districts will not be permitted to have commercial
aeronautical activities on the Adjacent Property, except for aircraft manufacturing
and assembly, flight testing associated with assembled aircraft, painting of
manufactured aircraft and parts, and air freight services;
d. The Developer and the Metro Districts will pay the Cities a yearly access fee("Fee")
equal to 5 mills on the assessed value of the real property within the Adjacent
Property,which mill rate may be adjusted yearly at the request of either party in such
a way so as to ensure that the Fee amount provides the Airport with a source of
revenue which is not less than the revenue that would otherwise be provided if the
Adjacent Property would have been developed on the Airport;
e. In the event that the organization of the Metro Districts does not take place as
contemplated in this Agreement or the Districts otherwise fail to comply,in any way
whatsoever, with the terms of the IGA, the Developer agrees to pay annually to the
Cities an amount equal to the Fee at all times during the term of this Agreement until
such time as the Districts come into full compliance with the Agreement;
f. A Federal Aviation Administration ("FAA") concern with grant assurance
compliance would be cause for such an adjustment of the Fee;
g. In the event of default by either party as determined by a court, the non-defaulting
party will be entitled to attorney fees from the defaulting party; and
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h. The Access Agreement, IGA and Access Easement will terminate if:
(1) the Metro Districts for the entirety of the Adjacent Property(north and south
parcels) are not formed and the other specified development conditions are
not met as to the south parcel on or before September 30, 2012, in which
event the Agreement and the Access Easement terminates as to both parcels.
(2) the specified development conditions, other than creation of the Metro
Districts, are not met as to the north parcel by September 30,2019, in which
event the Agreement and the Access Easement terminates as to the north
parcel only.
i. The Cities may terminate the Access Agreement if:
(1) the Fee is not paid after 60 days notice.
(2) the FAA formally notifies the Cities of a grant assurance violation; and
WHEREAS,the City Council believes that adoption of the Access Agreement,the grant of
Access Easement and the IGA are in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That with respect to the grant of Access Easement contained within the Access
Agreement,the City Council hereby finds that said grant of Access Easement is in the best interests
of the City.
Section 2. That the Access Agreement and IGA are hereby approved.
Section 3. That the City Manager is hereby authorized to execute the Access Agreement
and IGA in substantially the forms which are attached hereto, subject to such modifications in form
or substance as the City Manager, in consultation with the City Attorney, may deem necessary to
effectuate the purposes of this Resolution or to protect the interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of April, A.D. 2011.
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EXHIBIT A
CITIES OF LOVELAND AND FORT COLLINS
AIRPORT ACCESS AGREEMENT
THIS FORT COLLINS/LOVELAND AIRPORT ACCESS AGREEMENT (the
"Agreement") is made and entered into this day of ,
2011,between and among Rocky Mountain Airport Investments, LLC, a Colorado limited
liability company("Developer") and the Cities of Fort Collins and Loveland, Colorado
home rule municipalities, hereinafter jointly the "Cities."
RECITALS
A. Cities operate a municipal airport within the City of Loveland in Larimer County,
Colorado, known as the Fort Collins/Loveland Municipal Airport (the "Airport"),which is
legally described in EXHIBIT "A" attached hereto and incorporated herein by reference,
and further described in the Intergovernmental Agreement between the Cities of Fort
Collins and Loveland, Colorado, dated May 16, 2000.
B. Developer is the owner and developer of certain parcels of real property which are
immediately adjacent to the Airport(the "Adjacent Property") referred to generally as the
"north"parcel or the "southeast" parcel. Developer desires to develop portions of the
Adjacent Property as an airpark which will be comprised of all the platted lots within the
Adjacent Property that border and that have, or are capable of having, aircraft access to the
Airport from said individual lots ("the Airpark"). The Adjacent Property, including those
parcels generally identified as the "north"parcel and"southeast"parcel, is more particularly
identified in the legal description attached hereto and incorporated herein by this reference as
EXHIBIT "B."
C. Developer intends to establish and record certain covenants, conditions and restrictions
(the "Airpark CC&R's") against the real property that makes up the Airpark. Developer
intends to establish one or more Metropolitan Districts,hereinafter referred to collectively
as "Districts which shall, in part, manage the common areas of the Airpark and enforce
the Airpark CC&R's.
D. Developer desires to have the Cities allow Developer and his successors and assigns, the
individual lot owners within the Airpark("the Lot Owners"), and the Lot Owners' tenants,
subtenants, guests and invitees within the Airpark to access the Airport from the Airpark and
to access the Airpark from the Airport, subject to the Airpark CC&R's.
E. In consideration for the access to the Airport from the Airpark,the Developer desires for
the Cities to enter into intergovernmental agreements with the Districts under which the
Districts shall, subject to annual adjustment, pay annually to the Cities an amount equal to
5.000 mills based on the assessed value of all taxable real property and improvements
(excluding personal property) within the Adjacent Property. The parties hereto acknowledge
that this five mill fee(the "Fee") with annual adjustments, is intended to provide the Airport
with a source of revenue which is equal to, or greater than, the revenue that would otherwise
be provided if the Airpark were developed upon Airport property. In addition,the Fee is
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intended to ensure that the Lot Owner pays fees and charges to the Cities that are at parity
with those paid to the Cities by their on-Airport tenants.
F. In the event that the organization of the Districts does not take place as contemplated in
this Agreement or the Districts otherwise fail to comply, in any way whatsoever, with the
terms of Paragraph 1.6 of this Agreement,the Developer agrees to pay annually to the Cities
an amount equal to the Fee until such time as the Districts come into full compliance with
Paragraph 1.6 of this Agreement.
G. Cities are willing to enter into such intergovernmental agreements provided that all of the
terms and conditions set forth in this Agreement are fully satisfied.
NOW,THEREFORE, in consideration of the foregoing Recitals and the mutual
promises and agreement set forth herein, the parties agree as follows:
AGREEMENT
1. Cities' Grant of Access Easement. Developer presently owns two parcels of land that
may be developed at different times and that may comprise the Airpark. Cities and the Developer
agree that the Developer and his successors and assigns, the Lot Owners, and the Lot Owners'
tenants, subtenants, guests and invitees within the Airpark, shall have, and Cities hereby grant unto
Developer, an aircraft access easement to the Airport through the designated Point of Ingress/Egress
(defined in Paragraph 3.1 below) for the term hereinafter set forth in Paragraph 11 below (the
"Access Easement."). The Access Easement granted by this Agreement shall be further set forth in
an easement deed to be recorded after the conditions of this Paragraph 1 and its sub-paragraphs have
been satisfied as set forth herein. Subject to the provisions of this Agreement and to the Airpark
CC&R's against the property that makes up the Airpark, the Access Easement to the Airport granted
herein includes permission to use the airside and public area of the Airport for the purposes stated in
Paragraph 3.1 below, and includes both permission to enter upon the Airport from the Airpark and to
exit from the Airport to the Airpark. The grant of the Access Easement made herein is contingent
upon(i) the execution of intergovernmental agreement(s)with the Districts for aircraft access and
use of the Airport from the Airpark under the terms and conditions stated in this Agreement,which
said intergovernmental agreements shall be substantially in the form attached hereto as EXHIBIT
"C"(the "IGA") or(ii)compliance by the Developer with the covenant to pay the Fee as set forth in
Paragraph 1.6(b)below,provided that all of the following conditions precedent(the "Conditions")
have been fully satisfied prior to execution of the IGA:
1.1 The City of Loveland has approved, in its sole discretion, plats for the north and/or
southeast parcels of the Adjacent Property sufficient to allow the construction related
activities described in this Paragraph 1 to be completed.
1.2 The Cities have granted to the Developer, on terms and conditions satisfactory to
the City in its sole discretion, a temporary construction easement that provides the
Developer with the necessary access to complete construction of the Airpark, Airport
Taxiway and Airpark taxilanes.
1.3. The Airpark is under actual construction.
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1.4. The FAA has approved the exact points along the perimeter of the Airport,which
Cities and Developer have mutually determined to be the appropriate location for
access between the Airport and the Airpark(the "Point(s) of Ingress/Egress"), so that
construction and improvement of taxilanes connecting both the Airpark and the
Airport to the Points of Ingress/Egress has been completed and deemed acceptable by
the Cities. The taxilanes must meet such additional requirements as may be stated
under Paragraph 2 of this Agreement. Acceptance by Cities as used herein means
approval by the City Managers of the Cities or designees, and is in addition to any
development approvals otherwise required by the Cities'Codes. All construction and
improvement of the taxilanes must comply with any applicable local, state or federal
laws or regulations.
1.5 The City of Loveland City Council has, in its sole discretion, approved a service
plan for the Districts such that the organization of the Districts may be placed on the
November 8, 2011 ballot for approval by the eligible electors or the Developer has
executed a written amendment to this Agreement confirming that the Developer has
waived the right to obtain approval of such service plan and has agreed to be bound by
Paragraph 1.6(b) hereof to pay the Fee.
1.6. (a)Unless the Developer has executed a written amendment to this Agreement
confirming that the Developer has waived its right to obtain approval of a service plan
from the City of Loveland and agreed to be bound by Paragraph 1.6(b)to pay the Fee,
the Districts are established in good standing and capable of imposing the 5.000 mill
levy on the Adjacent Property together with any required adjustments thereto, and
further capable of paying the Fee to the Cities and to pay to the Cities any additional
amount required to be paid by the District to the Cities pursuant to Paragraph 3 of the
IGA. The Districts shall also be required to have full voter authorization under Article
X, Section 20 of the Colorado Constitution ("TABOR") to increase the mill levy on
the Adjacent Property, without the requirement of any future election, in order to
provide any increases in revenue to the Cities as necessary to maintain compliance
with the Cities' grant assurances to the Federal Aviation Administration ("FAA") and
to enter into the IGA as a fully enforceable multi-fiscal year financial obligation under
TABOR.
(b) In the event that the organization of the Districts does not take place as
contemplated in this Agreement or the Districts otherwise fail to comply, in any way
whatsoever,with the terms of this Paragraph, the Developer agrees to pay annually to
the Cities an amount equal to the Fee and other amounts that would have been
required to be paid by the Districts under Paragraph 3 of the IGA until such time as
the Districts come into full compliance with this Paragraph of the Agreement.
(The provisions of this Paragraph 1.6 shall apply separately to the southeast parcel and
to the north parcel of the Adjacent Property, provided that both parcels must be the
subject of either an IGA with a District or the Developer's obligation pay the Fee and
other amounts as set forth in Paragraph 1.6(b) within the time periods set forth in this
Agreement.)
1.7. Developer has granted to the Cities an access easement on the Airpark
taxilanes for the purposes described in Paragraph 3 of this Agreement for the term
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set forth in Paragraph I 1 below.
1.8. The Airpark Declaration of Covenants, Conditions and Restrictions of
Record ("CC&R's"), containing provisions which include those listed in
Paragraph 10 of this Agreement, have been approved by the Cities and are
recorded and in effect against the Airpark.
1.9. The construction of the Airport Taxiway has been completed and deemed
acceptable by the Cities as described in Subparagraph 2.2 of this Agreement.
1.10. Developer has submitted and obtained approval by the Cities,TSA and FAA a
detailed Airpark Security Plan describing procedures, equipment and methodology to
ensure operational compliance with the Airport's Security Plan and TSA regulations.
A flow chart reflecting the foregoing Conditions and the intent of the Parties as to the
satisfaction of the Conditions necessary to activation of the Access Easement granted herein is set
forth on EXHIBIT "C-1" attached hereto and incorporated herein by this reference.
As used herein related to obligations of the Developer to construct improvements, the term
"Developer" shall include the Districts. The Districts, once approved, shall have full power and
authority to perform Developer obligations of this Agreement.
2. Construction of Taxilanes.
2.1. Airpark Taxilane Construction. Developer shall construct and improve, at
Developer's sole expense, the Airpark taxilane. Construction and improvement of
the Airpark taxilane shall connect the taxilane, on one end, to the Airport boundary
at the Point of Ingress/Egress, and on the other end, to the individual lots of the
Airpark. The construction and improvement of the Airpark taxilane shall also
include the permanent installation of vehicle barrier fencing and access control gates
establishing a perimeter between the public roadway fronting the Adjacent Property
and the Aircraft.Operating Area ("AOA") on the Airpark and Airport property. The
barrier and gates may attach to a building or structure on an individual lot in the
Airpark where such building or structure provides the barrier to such access to the
AOA. Developer shall construct a fence, to the design designated by the Cities, along
the common boundary between the Airport and the Airpark(excluding the Point of
Ingress/Egress). This fence and gate shall become the Cities' property and shall be
maintained by the Cities. However, the District shall reimburse the Cities for their
costs to maintain the fence and gate as provided in Paragraph 3.6 of the IGA. All
security related improvements shall be constructed in conformance with the Security
Plan as described in Paragraph 17 below.
2.2. Airport Taxiway Construction. The taxiway Alpha A-1 Extension located at
the southeast corner of the current ramp has been constructed by the Cities. This
construction falls approximately 160 feet short of the Airpark property line. The
Developer shall complete construction of this portion of the taxiway, to the design
standards designated by the Cities, to the Airpark property line at its sole expense
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and without reimbursement from the Cities. In addition, any needed upgrades to
any portion of this taxiway necessary to accommodate larger aircraft to be located
within the Airpark shall be completed by the Developer at its sole expense and
without reimbursement from the Cities. This portion of the taxiway constructed by
the Developer shall be dedicated to the Cities after construction is completed and
the Developer shall provide to the Cities a two (2) year warranty bond or letter of
credit for this improvement. In addition, as provided in Paragraph 3.6 of the IGA,
the Districts shall be responsible and liable to the Cities for any and all
maintenance costs incurred by the Cities for that portion of the taxiway
improvements to be built by the Developer under this Paragraph 2.2. Maintenance
costs shall mean all costs incurred by the Cities for snow removal, sweeping,
repair, lighting, electricity, resurfacing, and all other expenses necessary to
maintain that portion of the taxiway improvements built by the Developer under
this Paragraph 2.2.
3. Limitations on Access.
3.1. Access between the Airport and the Airpark granted pursuant to this Agreement,
shall be solely for aircraft access, airport service vehicles, emergency vehicles, FBO service vehicles,
and vehicles performing maintenance/safety inspections of the taxilane/taxilane clearance areas,
through the Points of Ingress/Egress designated by Cities for such purpose, the approximate locations
of which are depicted in EXHIBIT "D", which locations (one each for the north parcel and the
southeast parcel) must first be approved by the FAA as acknowledged and agreed to in Paragraph 1.4
above, and which shall consist of a minimum one hundred twenty foot(120') wide portion of the
boundary of the Airport. This Agreement does not grant entry onto the Airport from any other point
of access, or by any method or means of travel other than as set forth in this Paragraph 3.1.
3.2. This Agreement shall not be deemed to grant or authorize the storage of aircraft
or any personal property, aviation or non-aviation related, upon the Airport.
3.3. Any person accessing or using the Airport pursuant to this Agreement shall
comply, at all times,with all applicable requirements of all statutes, acts, ordinances, regulations,
codes, and standards of legally constituted authorities with jurisdiction, including, without limitation
and, as applicable, the Loveland City Code, the Airport Rules and Regulations, the Airport Minimum
Standards, the Airport Security Plan,the Cities' Federal grant assurances, and any other document
that applies to the Cities' on-Airport tenants.
3.4. Access through the Point of Ingress/Egress shall be subject to those controls and
restrictions that, from time to time,may be established by the Cities' Airport Director or designee
when it is determined to be in the best interest of the Cities to do so, or when such controls and
restrictions have been requested by the FAA or Transportation Security Administration ("TSA") or
any other federal, state, or local agency. Restrictions may include, the denial, from time to time, of
ingress or egress by any person or persons where the Airport Director determines, in good faith, that
conditions at the Airport or Airpark are such that ingress or egress poses an immediate threat to the
safe and efficient operation of the Airport, creates an aviation safety hazard on either the Airport or
the Airpark, or otherwise makes aircraft operations on either the Airport or the Airpark unsafe.
Except in the event of an emergency where a cure period is not practical, the Developer shall be
allowed a reasonable amount of time to remedy the cause of such conditions or restrictions.
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3.5. The Cities shall have the ability to close or limit, temporarily, access through the
Point of Ingress/Egress from time to time in order to conduct Airport maintenance activities, and for
other airport related activities such as air shows. The Cities shall endeavor to provide at least 48
hours notice of such closure. Notwithstanding the foregoing, the Cities shall reasonably
accommodate the needs of the Lot Owners, their tenants, subtenants, guests and invitees within the
Airpark in the use of the Airport during any such closure.
3.6. The Cities shall have the ability to close access through the Point of
Ingress/Egress in the event of nonpayment of the Fee, as adjusted, or of any additional amount
required to be paid pursuant to Paragraph 3 of the IGA after Cities give sixty(60) days written notice
to the Districts or Developer of the nonpayment, if within such sixty-day period the nonpayment has
not been cured.
4. Relocation. The Cities and the Developer may mutually agree in writing to relocate the
Point of Ingress/Egress or establish any additional Point of Ingress/Egress. The party requesting the
relocation will be responsible for expenses associated with the relocation and reasonable damages
that may be incurred due to that relocation. In addition, the Cities reserve the right to designate
additional points of ingress/egress at locations outside of the Airpark and not available to the
Developer or otherwise permitted for use under this Agreement,provided that such additional
designations shall not prevent access between the Airport and the Airpark through the Point of
Ingress/Egress. The designation of additional points of access at locations outside of the Airpark
may occur for any reason, including without limitation, the need to accommodate third parties or
others to whom Cities may grant permission to ingress or egress from land adjacent to or contiguous
to the Airport other than the Airpark.
5. Commercial Aeronautical Services Within the Adjacent Property and Airpark.
5.1 The Parties agree that the following commercial aeronautical activities that FBOs
are authorized to conduct and provide to the general public on the Airport, as provided in Section 2.2
of the Airport Minimum Standards attached hereto as EXHIBIT "IT", shall not be permitted within
the Adjacent Property and the Airpark except as otherwise expressly authorized in Paragraph 5.2
below: all of the Aircraft Line Services described in Section 2.2.1. of the Minimum Standards;
aircraft, airframe and engine repair and maintenance; flight training; aircraft rental; and related other
services such as the sale of sectional or world aeronautical charts covering the territory within 300
miles of the Airport, flashlight and batteries, and plotters and computers generally used by pilots for
flight planning.Notwithstanding the foregoing, fuel and other FBO goods and services may be
delivered,provided and sold by any approved on-Airport FBO to customers located within the
Airpark.
5.2 Notwithstanding the provisions of Paragraph 5.1 above, the following activities
and uses shall be allowed to be conducted within the Adjacent Property and the Airpark: the
construction, installation,maintenance and operation of a hangar or building or buildings to be used
for the parking, storage, servicing, repair, maintenance, modification and construction of aircraft that
are used for private corporate or personal use; aircraft research and development; aircraft
manufacturing of parts and components; assembly of aircraft parts and components; final assembly
of aircraft parts and components into completed aircraft; flight testing associated with assembled
aircraft; painting of manufactured aircraft and parts; and air freight services such as those provided
by United Parcel Service and Federal Express.
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5.3. The Developer may not enter into a contract with users of the Airpark that
prohibits any on-Airport FBO from selling fuel to such users.
5.4 Notwithstanding the provisions of 5.3, all on-Airport FBOs authorized by the
Cities or like enterprise entering the Airpark shall provide to Developer or Developer's
designee:
5.4.1. A written and executed hold harmless and indemnification agreement
reasonably acceptable to Developer or Developer's designee. Such agreement shall
provide,but not be limited to, the FBO or like enterprise agreeing to save and hold the
Developer and its designees, their officers, employees, agents and representatives free
and harmless of and from any loss, liability, expense, attorney fees, costs, suit or
claim for damages in connection with any act or omission by the FBO or like
enterprise, their officers, employees, agents and representatives.
5.4.2. A written and executed agreement reasonably acceptable to Developer
or Developer's designee providing that the FBO or like enterprise shall:
(a)not bring or keep anything which will in any way increase the
existing rate of or affect any fire or other insurance upon the Airpark or cause
cancellation of any insurance policy covering the Airpark or any part thereof;
(b) not do or permit anything to be done in or about the Airpark which
will in any way obstruct or interfere with the rights of other users of the
Airpark or injure or annoy them or use or allow the Airpark to be used for any
improper,unlawful or objectionable purposes;
(c) not cause, maintain or permit any nuisance in, on, or about the
Airpark;
(d) not permit employees,,customers, or visitors to smoke inside the
Airpark;
(e) not commit or suffer to be committed any waste in or upon the
Airpark;
(f)not use the Airpark or permit anything to be done in or about the
Airpark which will in any way conflict with any law, statute, ordinance or
governmental rule or regulation now in force or which may hereafter be
enacted or promulgated; and
(g) at its sole cost and expense,promptly comply with all laws,
statutes, ordinances and governmental rules, regulations or requirements now
in force or which may hereafter be in force, and with the requirements of any
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board of fire insurance underwriters or other similar bodies now or hereafter
constituted, relating to or affecting the condition, use or occupancy of the
Airpark.
5.4.3. Agree to provide insurance and the insurance required hereunder shall
be in companies rated A+ Superior or better in"Best's Insurance Guide."
5.4.4. Obtain insurance at its cost and expense and keep in force a policy of
commercial general liability insurance insuring Developer or its designee(s) against
any liability arising out of the use of the Airpark and all areas appurtenant thereto, in
amounts determined from time to time by the Developer or its designee(s) for injury
or death and property damage including contractual liability coverage. The limit of
said insurance shall not, however, limit the liability of the FBO or like enterprise.
Such policies shall contain a provision that the Developer or its designee(s), although
named as an insured, shall nevertheless be entitled to recover under said policies for
any loss occasion to it, its servants, agents, or employees by reason of negligence of
the FBO. Such insurance is to be obtained and other requirements may change from
time to time in the sole discretion of the Developer or its designee(s) and by way of
illustration may include,but shall not be limited to: (a) general liability-
$5,000,000.00/aircraft- $10,000,000.00 per occurrence; (b)mobile equipment
coverage(coverage to operate on private property); (c) hangar keepers liability
insurance; (d)product liability insurance (i.e., bad fuel pumped into airplanes, etc.);
(e) insurance protection for all risk coverage on the Airpark premises to the extent of
100%of the actual placement cost thereof.
5.4.5. Prior to entry to the Airpark and from time to time at the request to the
Developer or its designee(s)provide copies of policies of liability insurance required
herein or certificates evidencing the existence and amounts of such insurance with
loss payable clauses satisfactory to Developer or Developer's designee. No policy
shall be cancelable or subject to reduction of coverage except after ten(10) days prior
written notice to Developer or Developer's designee. All such policies shall be
written as primary policies not contributing with and not in excess of coverage which
Developer or Developer's designee may carry.
5.4.6. Provide evidence of Workers'Compensation insurance coverage.
5.4.7. Provide evidence satisfactory to Developer or Developer's designee
that anyone entering the Airpark has been properly trained, in Developer or
Developer's designee's sole discretion,to properly enter and perform services in the
Airpark.
5.4.8. Establish a reasonable process by which the FBO or a like enterprise
will periodically check in with the Developer or the Developer's designee to
coordinate with and provide reasonable notice to the Developer or the Developer's
designee of the FBO's or like enterprise's planned entries into the Airpark to provide
services to customers within the Airpark.
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5.4.9. Reimburse Developer or Developer's designee(s) for any charges made
to the Developer or Developer's designee(s) by the Cities due to any FBO or like
enterprise entering the Airpark or providing any services or delivering any fuel,
materials or supplies to the Airpark or occupants therein.
5.4.10. In the event of non-compliance with the provisions of this Paragraph
5.4, agree that the FBO or like enterprise,their.officers, employees, agents and
representatives, may be denied access to the Airpark by the Developer or the
Developer's designee.
5.5. The Developer or the Developer's designee shall enforce and apply the
requirements of Paragraph 5.4 with respect to all on-Airport FBOs and like enterprises in a
reasonable, fair, equal and non-discriminatory manner. However,the Developer or the Developer's
designee shall have the authority to waive any of the requirements in Paragraph 5.4 above either on a
temporary or permanent basis so long as such waiver does not relate to a requirement of the
provisions of the Minimum Standards and provided that any such waived requirement during any
such time period is also waived as to all other FBOs and like enterprises serving the Airport and the
Airpark.
6. Aimark Conditions.
6.1. No motor vehicle of any kind, except aircraft, airport service vehicles,
emergency vehicles, Airport approved FBO service vehicles, airplane tugs,vehicles for towing
aircraft, and vehicles performing maintenance/safety inspections of the taxilane/taxilane clearance
areas, shall be used on the Airpark taxilane, except in areas specifically designated for motor vehicle
use.
6.2. No motor vehicle of any kind or for any reason shall be parked upon, or impede
aircraft movement on, the Airpark taxilane or any taxilane safety area except in the course of
maintenance/safety inspections or maintenance of the taxilane/taxilane clearance area.
6.3..No person on the grounds of race, color, or national origin shall be excluded
from participation iri, denied the benefits of, or otherwise subjected to discrimination in the use of the
Airpark taxilane; and the Lot Owners, their tenants, subtenants, guests and invitees, shall use the
taxilane subject to the Airpark CC&R's and 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, Park 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.
7. Non-liability.
7.1. Cities shall not be liable to the Developer or to any off-airport user for any acts
or omissions of any person, whether or not a person authorized under this Agreement,who enters the
Airpark through the Point of Ingress/Egress; or for any conditions occurring on the Airpark or the
Adjacent Property resulting from the operations or activities of any such person; or for any loss or
damage to any personal property or equipment of the Developer, or any property owner or any
tenant, subtenant, guest, invitee or other person with legal possession of any lot within the Airpark or
9
the Adjacent Property, caused by or resulting from operations or activities of any person entering the
Airpark through the Point of Ingress/Egress.
7.2. The Developer and its successors and assigns shall be liable to the Cities for
their respective acts and omissions arising under this Agreement as a result of entering on to the
Airport through the Point of Ingress/Egress; or for any conditions occurring on the Airport resulting
from their respective operations or activities; or for any loss or damage to any personal property or
equipment of the Cities caused by or resulting from their respective operations or activities related to
entering the Airport through the Point of Ingress/Egress.
7.3. Nothing within this Agreement shall in any way or manner waive any defenses or
limitations on damages provided for, under or pursuant to the Colorado Governmental Immunity Act
(Sec. 24-10-101, et seq. C.R.S.), the Constitution, or the Charter, or under the common law or the
laws of the State of Colorado, or of the United States, including but not limited to Section 42
U.S.C.1983.
8. Withdrawal of permission for any Person to Access or Use Airport. Pursuant to the
Airport Rules and Regulations, the Airport Director may summarily deny access and use of the
Airport to any person that is otherwise authorized to access and use the Airport pursuant to this
Agreement who is in violation hereof or who violates Airport Rules and Regulations and is advised
thereof but refuses to comply with such Rules and Regulations;provided, however, that such denial
of access and use does not unreasonably impair the ability of the Districts to pay their indebtedness.
Any person denied access and use of the Airport shall be given a reasonably opportunity to correct
such action as gives rise to such denial of access and use. Notwithstanding the foregoing, any person
may be denied access to and use of the Airport, with or without the opportunity to correct the
violation, if required by any FAA or TSA rule, regulation or determination or if necessary or
appropriate to comply with the Cities' federal grant assurances, regardless of the impact of such a
denial on the ability of the District to pay its indebtedness.
9. Grant of Easement to Cities. Developer shall grant to Cities for the term of this
Agreement a non-exclusive easement to enter upon the Airpark taxilane for the purpose of: (i)
assuring compliance by Developer and/or Districts with the terms of this Agreement and compliance
by Districts with the terms and conditions of the IGA; and (ii) allowing access by emergency and city
service vehicles. This grant of easement shall be by separate instrument, in form reasonably
approved by the Cities' Attorney(s), and shall be consented to and subrogated by the holder of any
lien encumbering the underlying fee, and shall be deemed effective when recorded.
10. CC&R Provisions. In order to assure Cities that the Airpark taxilane will be properly
operated and maintained so as to meet all local, state and federal standards applicable to Airport
and/or aircraft operations, Developer and/or Districts shall adopt and record Airpark CC&R's, or
amend current Airpark CC&R's, to provide in language and form including the following:
10.1. A prohibition against any motor vehicle, except aircraft, airport service vehicles,
emergency vehicles, vehicles designated by any Airport approved fixed base operator
as mobile fueling vehicles, and vehicles performing maintenance/safety inspections of
the taxilane and taxilane clearance areas,being used on or accessing thru the Airpark
taxilane, except in areas specifically designated for motor vehicle use, and against any
motor vehicle, for any reason, being parked on or impeding aircraft movement on the
10
Airpark taxilane or any taxilane safety area.
10.2 The creation in accordance with State law of an Owners' Association or other
common interest ownership entity that would permit the imposition of fees within all
of the Adjacent Property.
10.3. The CC&R's shall be subject to prior review and reasonable approval by the
Cities. An approved copy of the CC&R's shall be attached as an exhibit to any IGA
between the Cities and the District(s).
10.4. The CC&R's shall provide that any on-Airport approved FBO shall have access
to conduct business with all users within the Airpark,provided that such on-Airport
FBO agrees to comply with the provisions of Paragraph 5.4 of this Agreement.
10.5 The CC&R's shall, in the event the organization of the Districts does not take
place as contemplated by this Agreement or the Districts otherwise fail to comply in
any way whatsoever, with the terms of the IGA, obligate the Developer and, as a
successor to the Developer, an Owner's Association with the power to impose fees
within all of the Adjacent Property, to pay annually an amount equal to the Fee, and as
adjusted, and other amounts that would have been required to be paid by the Districts
under Paragraph 3 of the IGA.
11. Term of Agreement.
11.1 This Agreement and the Access Easement granted herein, shall terminate fifty
(50) years after the effective date of the IGA or the date on which the Developer has
executed a written amendment to this Agreement confirming that the Developer has
waived its right to obtain approval of a service plan under Paragraph 1 of this
Agreement.
11.2(a)This Agreement and the Access Easement granted herein shall be deemed to
have terminated and shall no longer be of any force or effect as to both the southeast
and the north parcels of the Adjacent Property if all of the Conditions stated in
Paragraph 1 have not been fully satisfied as to the southeast parcel and/or if the IGA
for both the southeast and north parcels (or the amendment referenced in Paragraph
1.6(a) above)has not been entered into on or before September 30,2012.
(b) This Agreement and the Access Easement granted herein shall be deemed to have
terminated and shall no longer be of any force or effect as to only the north parcel of
the Adjacent Property is all of the Conditions stated in Paragraph 1 have not been
fully satisfied as to the North parcel and/or the IGA for the North parcel (or the
amendment referenced in Paragraph 1.6(a) above)is not in full force and effect as of
September 30, 2019.
11.3 In addition, this Agreement and the Access Easement granted herein shall be
deemed to have terminated and shall no longer be of any force or effect as to either or
both the southeast and the north parcels of the Adjacent property if.
11
11.3.1 Developer provides written notice of termination to the Cities; or
11.3.2 Subject to the cure provisions of Paragraph 12 of this Agreement, if the
Cities do not receive the payments required to be paid to it under the terms of this
Agreement and under any IGA, in which event the Cities shall have the right to
terminate this Agreement and end all access to the Airport under the terms and
conditions of this Agreement.
11.4 Nothing herein shall prevent the parties from negotiating and agreeing in writing
to an extension of the above deadlines, which extension may be approved by the City
Managers of the Cities upon their fmding that such extension is in the best interests of
the Cities,provided that the City Managers shall only be authorized to approve one
extension for a period of time not to exceed five(5) years.
12. Remedies.
12.1. In the event of default by Developer, Cities may: (i) cancel this Agreement sixty
(60) days after Cities give written notice to Developer of the default, if within such
period the default has not been cured; or(ii) where the default has caused a monetary
loss to Cities or may expose Cities to liability for money damages, Cities may, if the
default has not been cured within the sixty(60)day period,proceed with whatever
steps Cities may deem necessary in order to enforce the rights and remedies available
to Cities under this Agreement, at law or in equity, including, without limitation, the
right of specific performance of this Agreement or to recover its damages from
Developer.
12.2 In the event of default by Cities, Developer may: (i) cancel this Agreement sixty
(60)days after Developer gives written notice to Cities of the default, if within such
period the default has not been cured; or(ii) where the default has caused a monetary
loss to.Developer or may expose Developer to liability for money damages, Developer
may, if the default has not been cured within the sixty(60) day period,proceed with
whatever steps Developer may deem necessary in order to enforce the rights and
remedies available to Developer under this Agreement, at law or in equity, including,
without limitation, the right of specific performance of this Agreement or to recover its
damages from Cities.
13. Notices. All notices required or permitted to be given hereunder to any party to this
Agreement shall be in writing and may be given in person or by United States mail or by delivery
service. Any notice directed to a party shall become effective upon the earliest of the following: (i)
actual receipt by that party; (ii) delivery to the designated address of that party, addressed to that
party; (iii) delivery by overnight courier; or(iv) if given by certified United States mail, return
receipt requested, forty-eight(48)hours after deposit with the United States Postal Service,postage
prepaid, addressed to that party at its designated address. The designated address of a party shall be
the address of that party shown below or such other address as that party, from time to time, may
specify by written notice to the other party:
12
Cities: Fort Collins City Clerk
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
and
Loveland City Clerk
500 E. 3rd St., Ste. 230
Loveland, CO 8053
With copies to: Fort Collins/Loveland Municipal Airport Director
4900 Earhart Road
Loveland, CO 80538
Developer: Rocky Mountain Airport Investments, LLC
Att'n: Martin Lind
1625 Pelican Lakes Point, Suite 201
Windsor, Colorado 80550
With copies to: Gary R. White
White, Bear&Ankele Professional Corporation
2154 E. Commons Ave, Suite 2000
Centennial, CO 80122
14. Further Assurances. Promptly upon the request of another party to this Agreement, a
party shall do such further acts and shall execute, have acknowledged and deliver to the other party,
as appropriate, any and all further documents or instruments reasonably requested in order to carry
out the intent and purpose of this Agreement.
15. General Provisions.
15.L Modification and Waiver. Except as expressly provided herein to the contrary,
no supplement, modification or amendment of any term of this Agreement shall be
deemed binding or effective unless in writing and signed by the parties hereto. No
waiver of any of the provisions of this Agreement shall constitute or be deemed a
waiver of any other provision, nor shall any waiver be a continuing waiver. Except as
otherwise expressly provided herein, no waiver shall be binding unless executed in
writing by the party making the waiver.
15.2. Exhibits. The Exhibits referred to herein and attached hereto (the "Exhibits")
are incorporated herein by reference.
15.3. Time is of the Essence. Whenever this Agreement sets forth any time for any
act to be performed by any of the parties, such time shall be deemed to be of the
essence under this Agreement.
15.4. Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be valid under applicable law, but if any provision
13
of this Agreement shall be deemed invalid or prohibited thereunder, such provision
shall be deemed severed from this Agreement, and this Agreement shall otherwise
remain in full force and effect.
15.5. Entire Agreement. This Agreement, including the Exhibits attached hereto,
constitutes the entire agreement among the parties. All terms and conditions
contained in any other writings previously executed by the parties and all prior and
contemporaneous arrangements and understandings between the parties are
superseded hereby. No agreements, statements or promises about the subject matter
hereof shall be binding or valid unless they are contained herein.
15.6. Counterparts. This Agreement may be executed by the signing in counterparts.
The execution of this instrument by each of the parties signing a counterpart hereof
shall constitute a valid execution, and this instrument and all of its counterparts so
executed shall be deemed for all purposes to be a single instrument.
15.7. Applicable Law. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Colorado and venue for any
judicial proceedings to enforce this Agreement shall be in Larimer County Court,
except that venue for any federal cause of action shall be in the United States
District Court for the District of Colorado, Denver Colorado.
15.8. Headings and Construction. The descriptive headings of the paragraphs of this
Agreement are inserted only for convenience and shall not define, limit, extend,
control or affect the meaning or construction of any provision herein. Where the
context requires herein, the singular shall be construed as the plural and neuter
pronouns shall be construed as masculine and feminine pronouns, and vice versa.
This Agreement shall be construed according to its fair meaning and any rule of
construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement.
15.9:Non-Discrimination. As part of the consideration hereof, Developer does
hereby covenant and agree, as a covenant running with the land, that(i) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or otherwise subjected to discrimination in the use of the
Airpark taxilane; (ii) that in the construction of any improvements on, over or under
the Airpark taxilane and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and(iii) that the Airpark
taxilane shall be used, operated and maintained 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.
15.10. Cities' Right to Develop the Airport. Cities reserve their right to further alter,
14
develop, expand or improve the Airport or, in their sole discretion,to close the
Airport. In the event that the Cities permanently close the Airport, this Agreement and
any access to the Airport granted pursuant to this Agreement shall immediately
terminate, and the Cities shall have no further responsibility or liability to the
Developer under this Agreement.
15.11. No Agency. The parties hereto understand and agree that: (i) the
requirements imposed on Developer by the terms of this Agreement shall not be
construed to make Developer, or any of its officers, employees or agents, an officer,
employee or agent of the Cities; and (ii) the requirements imposed on Cities by the
terms of this Agreement shall not be construed to make Cities, or any of their
officers, employees or agents, an officer, employee or agent of Developer.
15.12. No Partnership; Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership,joint venture or
other arrangement between Developer and Cities. No term or provision of this
Agreement is intended to, or shall, be for the benefit of any person, firm, organization
or corporation not a party hereto, and no such other person, firm, organization or
corporation shall have any right or cause of action hereunder.
15.13. Declaration of Termination;No Warranty of Non-interference by Entities
Outside Cities' Control. The parties hereto understand and recognize that the
actions of local governmental units, parties holding land or living adjacent to the
Airport, and governmental entities not subject to Cities influence and control,may
have, in the future, adverse impacts upon the number and character of flight and
other operations at the Airport. In such event, Developer has the option of
declaring this Agreement terminated on ninety(90) days written notice to Cities
and agrees not to seek recovery of any damages from Cities.
15.14. Warranty of Authority. The persons executing this Agreement for City and for
Developer warrant that they are authorized by the respective party whom they
represent to execute this Agreement.
15.15. Effective Date. The effective date of this Agreement shall be the date first
above written.
15.16. Assignment. Except as intended in Paragraph 15.17 below, this
Agreement shall not be assigned by Developer without the prior written
consent of the Cities, which consent shall not be unreasonably withheld.
However, any such assignment shall not relieve the Developer from liability
for compliance with this Agreement.
15.17. Binding Effect. It is the intent of the parties that the respective rights
and obligations set forth in this Agreement shall constitute covenants and
equitable servitudes that run with the land and shall benefit and burden any
successors and assigns of the parties.
15
15.18. Survival of Terms. To the extent necessary to carry out all of the financial and
performance obligations that may have accrued as of the date of any termination
under this Agreement, such financial and performance obligations shall continue to be
enforceable under this Agreement beyond the termination date of this Agreement.
15.19. Third Party Beneficiaries. No rights created in favor of any party to this
Agreement shall be construed as benefiting any other person or entity that is not a
party to this Agreement.
15.20. Recording. This Agreement shall be recorded by the Cities with the Larimer
County Clerk and Recorder at the Developer's expense.
15.21. Litigation Expenses and Attorneys' Fees. In the event of the default of any of the
provisions hereof by either party, as determined by a court of competent jurisdiction, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable costs of litigation incurred by reason of the default,including reasonable
attorneys' fees.
16. Avigation Easement. The Developer shall grant the Cities an Avigation Easement as
further described on EXHIBIT "E". This easement shall be granted at the time of execution of this
Agreement and shall burden all of the Adjacent Property.
17. Airport Security Plan Compliance. Developer agrees that any access granted to the
Airport from any portion of the Adjacent Property shall be contingent upon full compliance with the
TSA and the FAA rules, regulations or dictates on Airport security, and upon compliance with the
Airport Security Plan, as they currently exist, or as they may be amended in the future. Accordingly,
notwithstanding any conflicting provision herein, Airport access from the Adjacent Property shall be
terminated by the Cities in the event of such noncompliance with TSA and FAA rules, regulations or
dictates, or in the event of noncompliance with the Airport Security Plan or Airport Rules and
Regulations. Prior to execution of any IGA with a District the Developer shall submit and obtain
approval by the Cities, TSA and FAA a detailed Airpark Security Plan describing procedures,
equipment and methodology to ensure operational compliance with the Airport's Security Plan and
TSA regulations. The Airpark Security Plan shall provide that it will be modified as necessary in the
future to maintain full compliance with any new or amended TSA regulations. The cost of
compliance with this Paragraph 17, including any required construction,maintenance, repairs and
modifications, shall be the joint and severable obligation of the Developer and of the District, as
provided in Paragraph 10 of the IGA. Unless specifically required by law and notwithstanding the
foregoing, such compliance shall not be more restrictive than required elsewhere in the Airport under
similar conditions and circumstances.
18. Compliance with the Airport Minimum Standards. All commercial aeronautical uses
within the Adjacent Property shall maintain full compliance with the Airport Minimum Standards as
they currently exist, or as they may be amended in the future by public action of the City Councils of
each City. Accordingly, Developer agrees that any access granted to the Airport from any portion of
the Adjacent Property shall be contingent upon full compliance with the Airport Minimum Standards
for the Airport dated September 26, 2008, a copy of which is attached hereto and incorporated herein
by this reference as EXHIBIT "F," and as they may be amended in the future by public action of the
City Councils of each City or as set forth in the Airport Intergovernmental Agreement between the
16
Cities. However,based on the Fee to be paid to the Cities as referenced in paragraph E. above, the
Cities agree that under this Agreement that the Developer satisfies the financial surety requirements
of Section 1.7.4 of the Minimum Standards. In addition, the Parties agree that if any provision of the
Minimum Standards is in conflict with a provision of this Agreement, the provisions of the Minimum
Standards shall control over the conflicting provision in this Agreement as applied to commercial
aeronautical uses on the Adjacent Property unless this Agreement expressly provides that the
provision of this Agreement shall control over the conflicting provision of the Minimum Standards.
19. Compliance with Grant Assurances. In the event that the FAA notifies the Cities verbally
or in writing of an alleged violation of its grant assurances to the FAA as a result of this Agreement,
or as a result of the action or inaction of any off-airport uses, the Developer shall fully cooperate with
the Cities to immediately rectify such violation. In the event that the FAA notifies the Cities formally
of such a violation, such as but not limited to notification by a Director's Determination, the Cities
may, in their sole discretion, and without being required to appeal any such FAA determination,
terminate this Agreement and any access to the Airport granted pursuant to this Agreement.
However, if the FAA grants to the Cities a period of time to cure the violation, the Cities agree,prior
to such termination, to allow the Developer that period of time to cure to the satisfaction of the Cities
the circumstances causing the grant assurance violation.
20. Preservation of public health, safety and welfare.Nothing herein shall be construed as a
waiver of the Cities' police power to protect the public health, safety and welfare. Accordingly,
notwithstanding any conflicting provision herein, the Cities may terminate this Agreement and any
access to the Airport granted pursuant to this Agreement as needed to protect the public health, safety
and welfare or as required by a federal, state or local agency,providing in the case of termination, the
Developer is given the rights to cure set forth in Paragraph 19 of this Agreement. Temporary
termination of access may occur without an opportunity to cure in emergency situations as
determined by the Airport Director. If the Airport Director temporarily terminates access due to an
emergency situation, the Airport Director shall provide the Developer with a written explanation of
the reasons for the closure and an estimated opening date.
IN WITNESS WHEREOF the parties hereto have affixed their signatures the date first
above written.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
17
DEVELOPER:
ROCKY MOUNTAIN AIRPORT INVESTMENTS,LLC, a Colorado limited liability
company
By:
Martin Lind, Manager
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing was acknowledged before me this day of 2011_by
Martin Lind as Manager of Rocky Mountain Airport Investments, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My Commission Expires
Notary Public
18
CITY OF FORT COLLINS, a Colorado home rule municipality
By:
Darin Atteberry, Fort Collins City Manager
ATTEST:
Fort Collins City Clerk
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this day of 2011 by
Darin Atteberry, as City Manager of Fort Collins, Colorado.
Witness my hand and official seal.
My Commission Expires
Notary Public
APPROVED AS TO FORM:
Stephen J. Roy, Fort Collins City Attorney
19
CITY OF LOVELAND, a Colorado home rule municipality
By:
William D. Cahill, Loveland City Manager
ATTEST:
Loveland City Clerk
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this day of 2011 by
William D. Cahill as City Manager of Loveland, Colorado.
Witness my hand and official seal.
My Commission Expires
Notary Public
APPROVED AS TO FORM:
John R. Duval, Loveland City Attorney
20
EXHIBIT "A"
(The "Airport")
21
Exhibit"A" to the Intergovernmental Agreement
Airport Legal Description
All of the Barnstorm Second Addition to the City of Loveland, Colorado
legally described as follows:
All that portion of Section 28 and Section 33, Township 6 North, Range 68 West, and that
portion of Section 4, Township 5 North, Range 68 West of the 6th P.M., Larimer County,
Colorado, more particularly described as follows:
Commencing at the Southwest corner of said Section 28, with all bearings relative to the West
line of the Southwest Quarter of said Section 28 considered as bearing North 00°30'00" East,
thence South 87°28'49" East, 50.00 to the TRUE POINT OF BEGINNING; thence North
00°30'00" East, 2678.39 feet; thence North 00°29'50" East, 2639.76 feet; thence South
86040'52" East, 795.07 feet; thence South 25°27'52" East, 107.65 feet; thence South 38°35'52"
East, 152.85 feet; thence South 03'10'08" West, 157.83 feet; thence'South 86°40'52" East,
231.41 feet; thence South 16010152" East, 131.00 feet; thence South 11'10'52" East, 150.00 feet;
thence 150.48 feet along a tangent curve concave to the East, delta angle 39°44'00", radius
217.00 feet and chord South 31°02'52" East, 147.49 feet; thence along the centerline of the
Louden Ditch for the following eighteen courses and distances: South 50054'52" East, 115.00
feet; thence 68.45 feet along a tangent curve concave to the North, delta angle 43°06'00", radius
91.00 feet and chord South 72°27'52" East, 66.85 feet;thence North 85°59'08"East,42.00 feet;
thence 85.50 feet along a tangent curve concave to the South, delta angle 53°50'00", radius
91.00 feet and chord South 67°05'52" East, 82.39 feet; thence South 40"10'52" East, 167.00
feet; thence South 47010152" East, 170.00 feet; thence South 42110'52" East, 118.00 feet; thence
109.88 feet along a tangent curve concave to the West, delta angle 16°42'00", radius 377.00 and
chord South 33°49'52" East, 109.50 feet; thence 80.52 feet along a tangent reverse curve
concave to the East, delta angle 29°12'00", radius 158.00 feet and chord South 40004152" East,
79.65 feet; thence 81.95 feet along a tangent reverse curve concave to the West, delta angle
36°24'00", radius 129.00 feet and chord South 36°28'52" East, 80.58 feet; thence South
18016'52" East, 91.00 feet; thence 68.99 feet along a tangent curve concave to the East, delta
angle 18°08'00", radius 218.00 feet and chord South 27°20'52" East, 68.71 feet;.thence South
36024152" East, 113.00 feet; thence 65.69 feet along a tangent curve concave to the East, delta
angle 17°16'00", radius 218.00 feet and chord South 45°02'52" East, 65.45 feet; thence South
53040'52" East, 256.00 feet; thence 135.14 feet along a tangent curve concave to the West, delta
angle 26°42'00", radius 290.00 feet and chord South 40°19'52" East, 133.92 feet; thence 265.00
feet along a compound tangent curve concave to the West, delta angle 17°46'00", radius 82.17
feet and chord South 18005152" East, 81.84 feet; thence 90.36 feet along a tangent reverse curve
concave to the East, delta angle 43°08'44", radius 120.00 feet and chord South 30°47'14" East,
88.24 feet to the North-South Quarter line of Section 28; thence South 00°39'13" West, 577.38
feet along the North-South Quarter line of Section 28; thence South 87008'50"East,2635.80 feet
along the East-West Quarter line to the East One-Quarter corner of Section 28; thence South
00°32'09" West, 2647.71 feet to the Southeast corner of Section 28; thence South 00°00'10"
West, 2599.29 feet to the East One-Quarter corner of Section 33; thence South 00000'41" East,
2568.62 feet along the East line of Section.33.to a point whence the Southeast comer of said
Section_ 33 (and the Southwest corner of Section 34) bears South 00°00'41" East, 30.00 feet;
thence North 89°59'19" East, 30.00 feet; thence South 00000'41" East, 30.48 feet to the South
line of Section 34 (and the North line of Section 3); thence along the East right-of-way line of
County Road No. 7 South 01°45'45" West,2456.00 feet to the Northeasterly right-of-way line of
Union Pacific Railroad; thence along said right-of-way as follows: North 48°56'19" West,
3413.73 feet; thence 373.88 feet along a nontangent curve concave to the North, delta angle
5°43'13", radius 3744,83 feet and chord North 46°04'43" West, 373.73 feet; thence South
89°06'05" East, 177.04 feet along the South line of Section 33 to a point whence the South One
Quarter comer of said Section 33 bears South 89006105" East, 76.88 feet; thence 794.66 feet
along a nontangent curve concave to the North, delta angle 12°34'41", radius 3619.83 feet and
chord North 38°52'49" West 793.07 feet; thence North 32°35'28"West, 3737.67 feet to the East
right-of-way of County Road No. 9; thence North 00°08'21" West, 1619.75 feet along said East
right-of-way to the TRUE POINT OF BEGINNING.
t
EXHIBIT "B"
(Adjacent Property, including the southeast parcel and the north parcel, and the Airpark)
i
15
I
EXHIBIT "B"
North Parcel:
Tract B,Airpark North Addition, City of Loveland,County of Larimer,State of Colorado
Southeast Parcel:
Lot 2, Block 1, East Loveland Industrial Seventeenth Subdivision, City of Loveland, County of Larimer,
State of Colorado
Lot 1, Block 1, East Loveland Industrial Seventeenth Subdivision, City of Loveland, County of Larimer,
State of Colorado
Lot 3,Block 1, East Loveland Industrial Seventeenth Subdivision,City of Loveland, County of Larimer,
State of Colorado
Lot 1, Block 2, East Loveland Industrial Seventeenth Subdivision,City of Loveland, County of Larimer,
State of Colorado
A tract of land located in the West Y2 of Section 34,Township 6 North, Range 68 West of the 6th P.M., in
the City of Loveland,County of Larimer,State of Colorado,and being more particularly described as
follows:
Considering the West line of the Northwest Y+of said Section 34,as bearing North 00922'13"West and
with all bearings contained herein relative thereto:
Beginning at the West'Y.corner of said Section 34;thence along the West line of the Northwest Y.of said
Section 34, North 00922'13"West,a distance of 768.30 feet to the South line of that parcel described in
Book 1768 at Page 133;thence-along said South line and subsequently the South line of that parcel
described in Book 2116 at Page 819, North 89926'17"East,a distance of 2,436.42 feet to the Westerly
right-of-way line of Interstate Highway 25;thence along said Westerly right-of-way line,South
00936'41"West,a distance of 1,380.79 feet to the North line of that parcel described at Reception No.
2003013458;thence along said North line,South 89922'13" West, a distance of 889.16 feet to the
Northwest corner of said parcel;thence along the West line of said parcel,South 00937'47" East,a
distance of 929.75 feet to the North line of that parcel described in Book 2082 at Page 541;thence along
said North line,North 89955'19"West,a distance of 1,527.70 feet to the West line of the Southwest''/<
of said Section 34;thence along said West line of the Southwest%of said Section 34; thence along said
West line, North 00922'35" West,a distance of 1,525.95 feet to the Point of Beginning.
Excepting therefrom that portion dedicated to the City of Loveland,a Colorado Municipal Corporation
by Deed of Dedication for Right-of-Way recorded August 1,2003,at Reception no. 20030098330.
i
County of Larimer,State of Colorado
EXHIBIT "C"
(Intergovernmental Agreement)
23
EXHIBIT "C"
AIRPORT ACCESS
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is entered into this_day of , 2011,by and between
a Colorado Metropolitan District, hereinafter called "District", and the Cities of
Fort Collins and Loveland, Colorado, home rule municipalities,jointly hereinafter called
"Cities".
RECITALS:
WHEREAS, Cities operate a municipal airport within the City of Loveland in Larimer
County, Colorado, known as the Fort Collins/Loveland Municipal Airport(the "Airport"), which
is legally described in EXHIBIT "A" attached hereto and incorporated herein by reference, and
further described in the Intergovernmental Agreement between the Cities of Fort Collins and
Loveland, Colorado dated May 16, 2000.
WHEREAS, certain real property which is immediately adjacent to the Airport (the
"Adjacent Property"), referred to generally as the "north" parcel or the "southeast"parcel, is
being developed into an airpark which will be comprised of all the platted lots within the
Adjacent Property that border and have, or are capable of having, aircraft access to the Airport
from said individual lots ("the Airpark"). The Adjacent Property, including those parcels
generally identified as the "north"parcel and the"southeast" parcel, is more particularly
identified in the legal description attached hereto and incorporated herein by this reference as
EXHIBIT "B".
WHEREAS, Cities and Rocky Mountain Airport Investments, LLC, a limited liability
company("Developer') entered into a certain "Cities of Loveland and Fort Collins Airport
Access Agreement" dated ("Access Agreement"),under which the Cities agreed to
enter into this Intergovernmental Agreement with one or more Metropolitan Districts, to be
established by Developer, allowing the Developer and his successors and assigns, the owners of
individual lots in the Airpark("Lot Owners"), and the Lot Owners' tenants, subtenants, guests
and invitees within the Airpark, to access the Airport from the Airpark and to access the Airpark
from the Airport, subject to the provisions of the Access Agreement and the Airpark Declaration
of Covenants, Conditions and Restrictions of Record ("CC&R's"), if all of the conditions set
forth in Paragraph I of the Access Agreement are met.
WHEREAS, as used in the Access Agreement related to obligations of the Developer to
construct improvements, the term "Developer" shall include the District. The District shall have
full power and authority to perform Developer obligations under the Access Agreement.
1
WHEREAS, in consideration for the Access Easement to the Airport from the Airpark,
the District shall, subject to annual adjustment, pay a fee annually to the Cities in an amount
equal to 5.000 mills based on the assessed value of all real property and improvements within the
Adjacent Property(the "Fee"). The parties hereto acknowledge that the Fee is intended to provide
the Airport with a source of revenue which is equal to, or greater than, the revenue that would
otherwise be provided if the Airpark were developed upon Airport property and to ensure that the
Lot Owners pay fees and charges to the Cities that are at parity with those paid to the Cities by
their on-Airport tenants.
WHEREAS, District is a Metropolitan District organized and in good standing under the
laws of the state of Colorado and has authority to enforce the Airpark CC&R's, which are
recorded with the Larimer County Recorder at
WHEREAS, Cities and District acknowledge that the Conditions stated in Paragraph 1 of
the Access Agreement have been met.
WHEREAS, to further the development of the Adjacent Property, and the Airpark
located therein, as a business park, it is in the best interest of Cities to enter into this
Intergovernmental Agreement under the terms and conditions set forth herein.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing recitals and the mutual
promises contained herein, the parties agree as follows:
1. Definitions.
I.I. Except as provided in Subparagraph 1.2 below or as expressly defined
elsewhere in this Intergovernmental Agreement, the terms,phrases, words and their derivatives
used in this Intergovernmental Agreement shall have the meanings given in the Fort
Collins/Loveland Municipal Airport Rules and Regulations as adopted by the Fort Collins and
Loveland City Councils and any subsequent amendments thereto (the "Airport Rules and
Regulations").
1.2. The terms "based" and "based location" have the same meaning as
indicated in the definitions section of the Airport Rules and Regulations, except that any
reference to "airport" or "the Airport" contained in such definitions will also mean the Airpark
and aircraft that, by definition, is based at the Airpark shall be deemed to be based at the Fort
Collins/Loveland Municipal Airport while this Intergovernmental Agreement is in effect. The
terms "Airport Director", "City Manager" and "City Clerk", as used herein, denote those certain
officials of the Cities and any designee of each such official.
1.3. Notwithstanding the foregoing, in the event of a conflict between this
Intergovernmental Agreement and the Airport Rules and Regulations, and other documents that
apply to on-airport tenants, then, for grant assurance purposes,the Airport Rules and
Regulations, and other documents that apply to on-airport tenants shall control and govern.
2
2. Grant of Access.
2.1. Cities and the District agree that the District, the Developer and his
successors and assigns, the Lot Owners, and the Lot Owners' tenants, subtenants, guests and
invitees within the Airpark, shall have, and Cities hereby grant unto Developer, aircraft access to
the Airport from the Airpark through the designated Point of Ingress/Egress(defined in
Paragraph 3.1 of the Access Agreement) (the "Access Easement') as provided in and in
accordance with the terms and conditions of the Access Agreement, and the Airpark CC&R's
against the property that makes up the Airpark. The grant of the Access Easement made in the
Access Agreement is contingent upon the prior execution of this Agreement with the District for
aircraft access and use of the Airport from the Airpark under the terms and conditions stated in
the Access Agreement. All of the other conditions outlined in Paragraph 1 of the Access
Agreement, and its sub-paragraphs, have been fully satisfied prior to execution of this
Agreement.
3. Compensation.
3.1. The Cities shall be compensated jointly by the District's payment to the City
of Loveland or to such other entity as may be designated by the Cities an amount equal to 5.000
mills based on the assessed value of all taxable real property and improvements (excluding
personal property)within the Adjacent Property. The parties hereto acknowledge that this five
mill fee (the "Fee")with annual and other adjustments set forth herein, is intended to provide the
Airport with a source of revenue which is equal to, or greater than, the revenue that would
otherwise be provided if the Airpark were developed upon Airport property. In addition,the Fee
is intended to ensure that the Lot Owners pay fees and charges to the Cities that are at parity with
those paid to the Cities by their on-Airport tenants. Such funds shall be deposited into the
Airport Fund and shall be used solely for Airport purposes. The mill levy shall be collected
through the Larimer County Treasurer's office, which office shall forward payment to the
District. The District shall then make payment of the Fee to the City of Loveland within 10
business days of receipt of any such payment from the Larimer County Treasurer's office. The
District has full voter authorization under Article X, Section 20 of the Colorado Constitution
("TABOR")to increase the mill levy on the Adjacent Property, without the requirement of any
future election, in order to provide any increases in revenue to the Cities as necessary to maintain
compliance with the Cities' grant assurances to the Federal Aviation Administration ("FAA")
and to enter into this Agreement as a fully enforceable multi-fiscal year financial obligation
under TABOR.
3.2. The amount of the Fee may be adjusted at the written request of either the
Cities or the District after each calendar year of the term of this Intergovernmental Agreement
providing the party requesting the adjustment makes the request in writing within 120 days after
the end of such calendar year. The Fee amount may also be adjusted at any time by the Cities
upon written notice from the FAA stating that such adjustment is necessary to ensure continued
grant assurances compliance. The adjusted Fee shall be based upon an evaluation of the amount
of developed square footage of land within the Adjacent Property. Specifically, the square
footage of land within the Adjacent Property shall be assigned a revenue amount that is equal to
the ground lease rate the development would pay to the Cities if the development had been
3
located on Airport property. The Cities' then existing rental rate, including any adjustments for
inflation, for unimproved land shall be used for this calculation. If this revenue amount is lower
than the revenue that would otherwise be provided to the Cities if located on Airport property,
the Fee amount shall be increased accordingly. In this event, the District shall be responsible for
providing the additional Fee revenue source to the Cities without regard to approval of an
increase in the mill levy assessed on the Adjacent Property. If the revenue amount is higher than
the revenue that would otherwise be provided to the Cities if located on Airport property, the Fee
amount shall be decreased accordingly. The adjustment is intended to ensure that the Fee amount
provides the Airport with a source of revenue which is not less than the revenue that would
otherwise be provided if the Airpark were developed upon Airport property and to ensure that the
Lot Owners pay fees and charges to the Cities that are at parity with the fees and charges paid to
the Cities by their on-Airport tenants. In calculating this comparison revenue,the Cities'
"unimproved land" shall be deemed to be those lease properties for which the Cities did not build
and provide site infrastructure to serve the leased land, such as utilities, taxiways and streets,but
rather such infrastructure was constructed by the Cities' lessee.
3.3. Notwithstanding the provisions of Paragraph 3.2 above, if for any reason in
any one year the amount of the Fee to be paid under Paragraph 3.1 above is less than the fees and
charges required to be paid to the Cities by the Cities' on-Airport tenants having similar uses to
the Lot Owners,the District shall pay to the Cities an amount representing the difference between
the amount of the Fee actually paid under Section 3.1 and the greater amount paid by the Cities'
said on-Airport tenants. Such amount shall be paid by the District to the Cities within sixty(60)
days after the District receives an invoice from the Cities for such additional amount.
3.4. In the event the Cities terminate access in accordance with the Access
Agreement for more than two consecutive months the District shall not be liable for the Fee, as
adjusted, for the period of closure extending beyond such two month period until the access is
reopened, so long as such termination of access is not the fault of the Developer, the District or
the Lot Owners.
3.5. The District shall be responsible and liable to the City for any and all
maintenance costs-incurred by the Cities for the portion of the taxiway improvement to be built
by the Developer under Paragraph 2.2 of the Access Agreement including the barrier fence and
control gates. Maintenance costs shall mean all costs incurred by the Cities for snow removal,
sweeping, repair, lighting, electricity, resurfacing,replacement and all other expenses necessary
to maintain that portion of the taxiway improvements and the fence and gates built by the
Developers under Paragraph 2.2 of the Access Agreement. The District shall so reimburse the
Cities within thirty(30) days of receiving an invoice from the Cities for the costs to be
reimbursed. The reimbursement of these costs shall be in addition to the Fee and other amounts
to be paid to the Cities pursuant to Paragraph 3. of this Agreement.
3.6.In the event of the District's nonpayment of any of the amounts due to the Cities
under this Paragraph 3.,the Cities may cancel the Access Agreement sixty(60)days after the Cities
give written notice to the District of such nonpayment, if within such sixty (60) day period the
nonpayment has not been cured by the District.
4. Duration of Intergovernmental Agreement. The duration of the rights,privileges and
4
authorizations granted in this Intergovernmental Agreement shall be for the fifty(50) year term
of the Access Agreement or as extended as provided in Paragraph 11.1 of the Access Agreement,
but subject to earlier termination by either party pursuant to the provisions of this
Intergovernmental Agreement and the Access Agreement.
5. Non-Exclusive Rights. This Intergovernmental Agreement is non-exclusive and
nothing herein shall prevent the Cities from accessing or using the Airport or shall prohibit the
Cities from permitting other persons to access or use the Airport. Nothing herein shall be
construed to bar the Cities from further alteration, development, expansion or improvement of
the Airport, and the Cities expressly reserve the right to do so.
6. No Assignment. The District shall not sell, assign or otherwise transfer,by operation
of law or otherwise, or make any attempt to sell, assign or otherwise transfer, by operation of law
or otherwise, this Intergovernmental Agreement, or any rights,privileges or authorizations
granted under this Intergovernmental Agreement. Any purported sale, assignment or other
transfer of this Intergovernmental Agreement, or any rights,privileges or authorizations granted
under this Intergovernmental Agreement, shall be deemed void.
7. Airpark Taxilane Signage. District shall place or post signs on the Airpark property to
prohibit use of the Airpark taxilane or access to the Airport from the Airpark by unauthorized
persons. Signs shall be placed so as not to interfere with or be an obstruction to taxiing aircraft.
Cities may require the District to add, remove or replace signage, where the Airport Director or
designee determines existing signage to be inadequate, improper or a safety hazard. The District
shall be responsible for the maintenance of such signs.
8. Airpark Conditions.
8.1. No motor vehicle of any kind, except aircraft, airport service vehicles,
emergency vehicles, Airport approved FBO service vehicles, airplane tugs, vehicles for towing
aircraft, and vehicles performing maintenance/safety inspections of the taxilane/taxilane
clearance areas, shall be used on the Airpark taxilane, except in areas specifically designated for
motor vehicle use:
8.2. No motor vehicle of any kind or for any reason shall be parked upon, or
impede aircraft movement on, the Airpark taxilane or any taxilane safety area except in the
course of maintenance/safety inspections or maintenance of the taxilane/taxilane clearance area.
8.3. No person on the grounds of race, color, or national origin shall be excluded
from participation in, denied the benefits of, or otherwise subjected to discrimination in the use
of the Airpark taxilane; and the Lot Owners, their tenants, subtenants, guests and invitees, shall
use the taxilane subject to the Airpark CC&R's and 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, Park 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.
9. Commercial Aeronautical Services Within the Adjacent Property and Airpark.
5
9.1 The Parties agree that the following commercial aeronautical activities that
FBOs are authorized to conduct and provide to the general public on the Airport, as provided in
Section 2.2 of the Airport Minimum Standards attached hereto as EXHIBIT "C", shall not be
permitted within the Adjacent Property and the Airpark except as otherwise expressly authorized
in Paragraph 9.2 below: all of the Aircraft Line Services described in Section 2.2.1. of the
Minimum Standards; aircraft, airframe and engine repair and maintenance; flight training;
aircraft rental; and related other services such as the sale of sectional or world aeronautical charts
covering the territory within 300 miles of the Airport, flashlight and batteries, and plotters and
computers generally used by pilots for flight planning. Notwithstanding the foregoing, fuel and
other FBO goods and services may be delivered,provided and sold by any approved on-Airport
FBO to customers located within the Airpark.
9.2 Notwithstanding the provisions of Paragraph 9.1 above, the following
activities and uses shall be allowed to be conducted within the Adjacent Property and the
Airpark: the construction, installation, maintenance and operation of a hangar or building or
buildings to be used for the parking, storage, servicing, repair, maintenance,modification and
construction of aircraft that are used for private corporate or personal use; aircraft research and
development; aircraft manufacturing of parts and components; assembly of aircraft parts and
components; final assembly of aircraft parts and components into completed aircraft; flight
testing associated with assembled aircraft;painting of manufactured aircraft and parts; and air
freight services such as those provided by United Parcel Service and Federal Express.
10. Airport Security Plan Compliance. District agrees that any access granted to the
Airport from any portion of the Adjacent Property shall be contingent upon full compliance with
any Transportation Security Administration ("TSA") and FAA rules,regulations or dictates on
Airport security, and upon compliance with the Airport Security Plan, as they currently exist, or
as they may be amended in the future. Accordingly, notwithstanding any conflicting provision
herein, Airport access from the Adjacent Property shall be terminated by the Cities in the event
of such noncompliance with TSA and FAA rules, regulations or dictates, or in the event of
noncompliance with the Airport Security Plan or Airport Rules and Regulations. Prior to
execution of this Intergovernmental Agreement the District shall submit and obtain approval by
the Cities, TSA and FAA a detailed Airpark Security Plan describing procedures, equipment and
methodology to ensure operational compliance with the Airport's Security Plan and TSA
regulations. The Airpark Security Plan shall provide that it will be modified as necessary in the
future to maintain full compliance with any new or amended TSA regulations. The cost of
compliance with this Paragraph 10., including any required construction, maintenance, repairs
and modifications, shall be the joint and severable obligation of the Developer, as provided in
Paragraph 17. of the Access Agreement, and of the District. Unless specifically required by law
and notwithstanding the foregoing, such compliance shall not be more restrictive than required
elsewhere in the Airport under similar conditions and circumstances.
11. Non-liability.
11.1. Cities shall not be liable to the District or to any off-airport user for any acts
or omissions of any person,whether or not a person authorized under this Intergovernmental
6
Agreement, who enters the Airpark through the Point of Ingress/Egress; or for any conditions
occurring on the Airpark or the Adjacent Property resulting from the operations or activities of
any such person; or for any loss or damage to any personal property or equipment of the District,
or any property owner or any tenant, subtenant, guest, invitee or other person with legal
possession of any lot within the Airpark or the Adjacent Property, caused by or resulting from
operations or activities of any person entering the Airpark through the Point of Ingress/Egress.
11.2. To the extent allowed bylaw the District, its successors and assigns, shall
be liable to Cities for their respective acts or omissions arising under this Intergovernmental
Agreement as a result of entering on to the Airport through the Point of Ingress/Egress; or for any
conditions occurring on the Airport resulting from their respective operations or activities; or for
any loss or damage to any personal property or equipment of the Cities caused by or resulting
from their operations or activities related to entering the Airport through the Point of
Ingress/Egress.
11.3. Nothing within this Intergovernmental Agreement shall in any way or
manner waive any defenses or limitations on damages provided for, under or pursuant to the
Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Constitution, or the
Charter, or under the common law or the laws of the State of Colorado, or of the United States,
including but not limited to Section 42 U.S.C.1983.
12. Withdrawal of permission for any Person to Access or Use Airport. Pursuant to the
Airport Rules and Regulations, the Airport Director may summarily deny access and use of the
Airport to any person that is otherwise authorized to access and use the Airport pursuant to this
Intergovernmental Agreement who is in violation hereof or who violates Airport Rules and
Regulations and is advised thereof but refuses to comply with such Rules and Regulations;
provided, however, that such denial of access and use does not unreasonably impair the ability of
the Districts to pay their indebtedness. Any person denied access and use of the Airport shall be
given a reasonable opportunity to correct such action as gives rise to such denial of access and
use. In addition, in the event the Airport Director denies access to any individual or entity, the
District agrees to.cooperate with the Airport Director and to take action to prevent such access by
that individual or entity. Notwithstanding the foregoing, any person may be denied access to and
use of the Airport, with or without the opportunity to correct a violation, if required by any FAA
or TSA rule, regulation or determination or if necessary or appropriate to comply with the Cities'
federal grant assurances, regardless of the impact of such a denial on the ability of the District to
pay its indebtedness.
13. Notices. Unless otherwise expressly stated, all notices required or permitted to be
given by either Cities or District shall be in writing and may be given in person or by United
States mail or by delivery service. Any notice directed by Cities to District or by District to
Cities shall become effective upon the earliest of the following: (i) actual receipt by the Cities or
the District; (ii)personal delivery to the designated address of the Cities of the District; (iii)
delivery by overnight courier; or(iv) if given by certified United States mail,return receipt
requested, forty-eight(48) hours after deposit with the United States Postal Service,postage
prepaid, addressed to that Cities or District at their respective designated address. The
designated address of Cities or District shall be the address indicated below or such other address
as Cities or District, from time to time, may specify by written notice to the other:
7
Cities:
Fort Collins City Clerk
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
and
Loveland City Clerk
500 E. 3rd St., Ste. 230
Loveland, CO 8053
With copies to:
Fort Collins/Loveland Municipal Airport Director
4900 Earhart Road
Loveland, CO 80538
District:
With copies to:
Martin Lind
Rocky Mountain Airport Investments, LLC
1625 Pelican Lakes Point, Suite 201
Windsor, Colorado 80550
Gary R. White
White, Bear&Ankele Professional Corporation
2154 East Commons Avenue, Suite 2000
Centennial, CO 80122
14. Miscellaneous Provisions.
14.1. Modification and Waiver. Except as expressly provided herein to the
contrary, no supplement, modification or amendment of any term of this Intergovernmental
8
Agreement shall be deemed binding or effective unless in writing and signed by Cities and
accepted by District.
14.2. Exhibits. The Exhibits referred to herein and attached hereto (the
"Exhibits") are incorporated herein by reference.
14.3. Time is of the Essence. Whenever this Agreement sets forth any time for
any act to be performed by any of the parties, such time shall be deemed to be of the essence
under this Intergovernmental Agreement.
14.4. Severability. Whenever possible, each provision of this Intergovernmental
Agreement shall be interpreted in such a manner as to be valid under applicable law,but if any
provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision
shall be deemed severed from this Intergovernmental Agreement, and this Intergovernmental
Agreement shall otherwise remain in full force and effect.
14.5. Entire Terms. All terms and conditions contained in any other writings
previously executed by the parties and all prior and contemporaneous arrangements and
understandings between the parties are superseded hereby. No agreements, statements or
promises about the subject matter hereof shall be binding or valid unless they are contained
herein.
14.6. No Waiver. District shall not be excused from complying with any of the
terms and conditions of this Intergovernmental Agreement by any failure of Cities upon any one
or more occasions to insist upon or to seek compliance with any such terms and conditions.
14.7. Applicable Law. This Intergovernmental Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the State of Colorado and
venue for any judicial proceedings to enforce this Agreement shall be in Larimer County
District Court, except that venue for any federal cause of action shall be in the United States
District Court for the District of Colorado, Denver Colorado.
14.8. Headings and Construction. The descriptive headings of the paragraphs of
this Intergovernmental Agreement are inserted only for convenience and shall not define, limit,
extend, control or affect the meaning of construction of any provision herein. Where the context
requires herein, the singular shall be construed as the plural, and neuter pronouns shall be
construed as masculine and feminine pronouns, and vice versa. This Intergovernmental
Agreement shall be construed according to its fair meaning and any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Intergovernmental Agreement.
14.9. Force Majeure. With respect to any provision of this Intergovernmental
Agreement, the violation or noncompliance with which could result in the imposition of
revocation or other sanction upon District, such violation or noncompliance shall be excused
where such violation or noncompliance is the result of acts of God, war, civil disturbance, strike
or other labor unrest, or similar events, the occurrence of which was not reasonably foreseeable
by District and is beyond its reasonable control.
9
14.10. Subordination to Federal and State Agreements. The provisions of this
Intergovernmental Agreement shall be subordinate to any existing or future agreement between
Cities and the United States Government or the State of Colorado relative to the operation or
maintenance of the Ft. Collins/Loveland Municipal Airport,the execution of which has been or
may be required as a condition precedent to the receipt of Federal or State funds for the
development of the Airport. Failure of the District to comply with and/or to ensure that the Lot
Owners comply with any of the requirements of any existing or future agreement between the
Cities and the United States Government or the State of Colorado shall be cause for immediate
termination of this Intergovernmental Agreement by the Cities. During a time of war or national
emergency, Cities shall have the right to lease the landing area or any part thereof to the United
States Government for military or other Federal or State Government purposes, and, if such lease
is executed, the provisions of this Intergovernmental Agreement, insofar as they are inconsistent
with the provisions of the lease to the government, shall be suspended and reinstated at such time
as the lease with the Federal or State Government is terminated. Suspended time shall be
considered as part of the term of this Intergovernmental Agreement and will not extend the
expiration date of this Intergovernmental Agreement. Any fees pertaining to the non-exclusive
grant of easement contained within this document will be waived during the suspended time
defined within this paragraph.
14.11. No Agency. The provisions of this Intergovernmental Agreement shall not
be deemed to make District, or any of its officers, employees or agents, an officer, employee or
agent of the Cities; or to make Cities, or any of their officers, employees or agents an officer,
employee or agent of District.
14.12. No Partnership; Third Parties. It is not intended by this Intergovernmental
Agreement to, and nothing contained in this Intergovernmental Agreement shall, create any
partnership,joint venture or other arrangement between District and Cities. No term or provision
of this Intergovernmental Agreement is intended to, or shall, be for the benefit of any person,
firm, organization or corporation not a party hereto, and no such other person, firm, organization
or corporation shall have any right or cause of action hereunder.
14.13. Effective Date. This Intergovernmental Agreement shall become effective
upon its execution by both the Mayor of the Cities of Fort Collins and Loveland and by the
authorized agent or officer of the District, and upon the document as fully executed being filed
with the Fort Collins/Loveland City Clerk.
14.14. Cities' Right to Develop the Airport. Cities reserve their right to further
alter, develop, expand or improve the Airport or, in their sole discretion, to close the Airport. In
the event that the Cities close the Airport, this Intergovernmental Agreement and any access to
the Airport granted pursuant to this Intergovernmental Agreement shall immediately terminate.
14.15. Survival of Terms. To the extent necessary to carry out all of the financial
and performance obligations that may have accrued under this Agreement as of the date of the
termination of this Agreement, such financial and performance obligations shall continue to be
enforceable under this Agreement beyond that termination date.
10
14.16. Third Party Beneficiaries. No rights created in favor of any party to this
Agreement shall be construed as benefiting any other person or entity that is not a party to this
Agreement.
14.17. Litigation Expenses and Attorneys' Fees. In the event of the default of any
of the provisions hereof by either party, as determined by a court of competent jurisdiction, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
costs of litigation incurred by reason of the default, including reasonable attorneys' fees.
15. Remedies.
15.1. In the event of default by District, Cities may: (i) cancel this Agreement
sixty(60) days after Cities give written notice to District of the default, if within
such period the default has not been cured; or(ii) where the default has caused a
monetary loss to Cities or may expose Cities to liability for money damages,
Cities may, if the default has not been cured within the sixty(60) day period,
proceed with whatever steps Cities may deem necessary in order to enforce the
rights and remedies available to Cities under this Agreement, at law or in equity,
including, without limitation, the right of specific performance of this Agreement
or to recover its damages from District.
15.2 In the event of default by Cities, District may: (i) cancel this Agreement sixty
(60) days after District gives written notice to Cities of the default, if within such
period the default has not been cured; or(ii) where the default has caused a
monetary loss to District or may expose District to liability for money damages,
District may, if the default has not been cured within the sixty(60) day period,
proceed with whatever steps District may deem necessary in order to enforce the
rights and remedies available to District under this Agreement, at law or in equity,
including, without limitation, the right of specific performance of this Agreement
or to recover its damages from Cities.
16. Compliance with the Airport Minimum Standards. All commercial aeronautical
uses within the Adjacent Property shall maintain full compliance with the Airport Minimum
Standards as they currently exist, or as they may be amended in the future by public action of the
City Councils of each City. Accordingly, District agrees that any access granted to the Airport
from any portion of the Adjacent Property shall be contingent upon full compliance with the
Airport Minimum Standards for the Airport dated September 26, 2008, a copy of which is
attached hereto and incorporated herein by this reference as EXHIBIT "C", and as they may be
amended in the future by public action of the City Councils of each City or as set forth in the
Airport Intergovernmental Agreement between the Cities. However,based on the mill levy-based
fee set forth in this Agreement, the Cities agree that under this Agreement that the District
satisfies the financial surety requirements of Section 1.7.4 of the Minimum Standards. In
addition, the Parties agree that if any provision of the Minimum Standards is in conflict with a
provision of this Agreement, the provisions of the Minimum Standards shall control over the
conflicting provision in this Agreement as applied to commercial aeronautical uses on the
Adjacent Property unless this Agreement expressly provides that the provision of this Agreement
11
shall control over the conflicting provision of the Minimum Standards.
17. Compliance with Grant Assurances. In the event that the FAA notifies the Cities
verbally or in writing of an alleged violation of its grant assurances to the FAA as a result of this
Agreement, or as a result of the action or inaction of any off-airport uses, the District shall fully
cooperate with the Cities to immediately rectify such violation. In the event that the FAA notifies
the Cities formally of such a violation, such as but not limited to notification by a Director's
Determination, the Cities may, in their sole discretion and without being required to appeal any
such FAA determination, terminate this Agreement and any access to the Airport granted
pursuant to this Agreement. However, if the FAA grants to the Cities a period of time to cure the
violation, the Cities agree,prior to such termination, to allow the District that period of time to
cure the circumstances causing the grant assurance violation.
18. Preservation of public health, safety and welfare. Nothing herein shall be
construed as a waiver of the Cities' police power to protect the public health, safety and welfare.
Accordingly, notwithstanding any conflicting provision herein, the Cities may terminate this
Agreement and any access to the Airport granted pursuant to this Agreement as needed to protect
the public health, safety and welfare or as required by a federal, state or local agency,providing
in the case of termination,the District is given the rights to cure set forth in Paragraph 17 of this
Intergovernmental Agreement. Temporary termination of access may occur without an
opportunity to cure in emergency situations as determined by the Airport Director. If the Airport
Director temporarily terminates access due to an emergency situation, the Airport Director shall
provide the District(s) with a written explanation of the reasons for the closure and an estimated
opening date.
19. Successor to Developer. For the purpose of ensuring the satisfaction of the
Developer's financial obligations under the Access Agreement to the Cities, the District shall be
considered a successor in interest to the Developer and the District shall be jointly and severally
liable to the Cities for such obligations if for any reason the Developer cannot meet or satisfy its
financial obligations to the Cities under the Access Agreement.
CITY OF FORT COLLINS, a Colorado home rule municipality
By:
Darin Atteberry, Fort Collins City Manager
ATTEST:
Fort Collins City Clerk
12
APPROVED AS TO FORM:
Fort Collins City Attorney
CITY OF LOVELAND, a Colorado home rule municipality
By:
William D. Cahill, Loveland City Manager
ATTEST:
Loveland City Clerk
APPROVED AS TO FORM:
, Loveland City Attorney
METRO DISTRICT:
a Colorado Metro District
By:
Its:
13
EXHIBIT"A"
(The "Airport")
14
EXHIBIT"B"
(Adjacent Property, including separate legal descriptions and drawings of the"southeast parcel'
and the"north parcel', and the Airpark)
15
EXHIBIT"C"
(AIRPORT MINIMUM STANDARDS)
These will be the same Minimum Standards as are attached as Exhibit"F"to the Access
Agreement.
16
Exhibit C-1
(Flow Chart of Paragraph 1 Conditions)
24
EXHIBIT C = 1
ACCESS AGREEMENT AND
CONDITIONAL ACCESS
EASEMENT CONTINGENT ON :
ACCESS AGREEMENT FAA Approval of
AND CONDITIONAL Ingress/Egress
EASEMENT If "N "
TERMINATED Service Plan (Southeast and North Parcels)
and Plat Approval (Southeast Parcel Only)
If " Yes"
Airport Tenant Fee
Due to the Cities in If "No " Districts Organized with TABOR
Lieu of 5 .000 Mill Authorization
Levy Fee If " Yes" AIRPORT ACESSS
5 .000 Mills Fee Due to EASEMENT
the Cities GRANTED BY
ACCESS
AND AGREEMENT
Aii Cities Grant Construction Easement BECOMES "
OPERATIONAL
Airpark Under Actual 7
Construction Airport Tenant Fee
Due to the Cities in
AND Lieu of 5 .000 Mill
Taxilanes Constructed and Deemed Levy Fee
Acceptable by the Cities
If "Y "NoAL
Taxiway Constructed and Deemed
Acceptable by the Cities Deadline for
Southeast Parcel :
D DISTRIC September 30, 2012
Cities Granted Easement to IGA CAN
Airpark Taxilanes JEXECUTE
Conditions for
North Parcel:
CC&R's Recorded Against September 30, 2019
Airpark
EXHIBIT "D"
(Depiction of Points of Ingress/Egress)
25
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EXHIBIT "E"
(Avigation Easement)
26
AVIGATION EASEMENT
WHEREAS,
(hereinafter called the "Grantor'), is the owner in fee of that certain parcel of land situated
in the County of Larimer, State of Colorado, more particularly described and depicted on
Exhibit"A" attached hereto, herein called ("Grantor's Property");
WHEREAS, the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, and the CITY OF LOVELAND, COLORADO, a municipal corporation,
hereinafter jointly called the "Grantees", are owners of the FORT COLLINS-
LOVELAND MUNICIPAL AIRPORT, the legal description of which is set forth on
Exhibit"B" attached hereto and incorporated herein by reference (the "Airport").
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor, for itself, its heirs, administrators, executors, successors and
assigns, does hereby grant, bargain, sell, and convey unto the Grantees, their successors
and assigns for the use and benefit of the public, as easement and right-of-way, appurtenant
to the Airport for the unobstructed use and passage of all Aircraft (as hereinafter defined)
in and through the airspace above Grantor's Property beginning at a height consistent with
the Airspace Plan described in the Fort Collins-Loveland Municipal Airport Master Plan
Update adopted in 2006 (the "Airport Master Plan"), and as further defined by FAA
Regulation, Part 77 and as depicted on Exhibit "C" attached hereto and incorporated
herein by reference.
Said easement and right-of-way shall be appurtenant to the Airport and for the
benefit of the Grantees and their successors and assigns, guests, and invitees, including any
and all persons, firms or corporations operating Aircraft to or from the Airport.
Said easement and burden shall include all things which may be alleged to be
incident to or resulting from the use and enjoyment of said easement, including, but not
limited to the right to cause in all air space above or in the vicinity of the surface of
Grantor's Property such noise, vibrations, fume, deposits of dust or other particulate
matter, fuel particles (which are incidental to the normal operation of said Aircraft), fear,
interference with sleep and communication and any and all other effects that may be
alleged to be incident to or caused by the operation of Aircraft over or in the vicinity of
Grantor's Property or in landing at or taking off from, or operation at or on the Airport;
and Grantor does hereby fully waive, remise, and release any right or cause of action
which it may now have or which it may have in the future against Grantees, their successor
and assigns, due to such noise vibrations, fumes, dust, fuel particles and all other effects
that may be caused or may have been caused by the usual and customary operation of
Aircraft landing at, or taking off from, or operating at or on the Airport, or by Aircraft
landing at, taking off from or operating on the Airport as part of an airshow conducted as a
special event authorized by Grantees provided that, in connection with any such airshow,
the Grantees have developed and implemented a traffic control plan so as to avoid a
1
material disruption to uses in place on the Grantor's Property, and provided further that no
aerobatic flights involved in such an airshow shall operate within the airspace over the
Grantor's Property unless the owner thereof or said owner's agent, consents to such
aerobatic flights, which consent may be withheld in said owner's sole discretion. For
purposes of this Avigation Easement, "aerobatic flight" means an intentional maneuver
involving an abrupt change in an aircraft's attitude, an abnormal attitude, or abnormal
acceleration, not necessary for normal flight.
The easement and right-of-way hereby granted includes the continuing right in the
Grantees to prevent the erection or growth upon Grantor's Property of any building,
structure, tree, or other object within the air space easement granted hereby, and to remove
from said air space, or at the sole option of the Grantees, as an alternative, to mark and
light as obstructions to air navigation, any such building, structure, tree or other objects on
upon, or which in the future may be upon Grantor's Property, together with the right of
ingress to, egress from, and passage over Grantor's Property for the above purpose.
The provisions of said easement shall apply to the following:
(1) The current Airport facilities and the present operation of the
Airport therein; and
(2) Any expansion of, or change to, the Airport facilities or operation of
the Airport therein which is consistent and in accordance with the
City of Loveland 2005 Comprehensive Plan, as amended as of the
date of this Avigation Easement(the "Comprehensive Plan") and the
Airport Master Plan. "Comprehensive Plan" and "Airport Master
Plan" as used herein shall specifically not include any amendments
thereto adopted by the City after the date of this Avigation
Easement.
As used herein, and to the extent consistent with the Airport Master Plan, the term
"Aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter
manufactured and developed, to include, but not be limited to,jet aircraft, propeller driven
aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types of
aircraft or vehicles now in existence or hereinafter developed, regardless of existing or
future noise levels, for the purpose of transporting persons or property through the air, by
whomsoever owned or operated.
TO HAVE AND TO HOLD said easement and right-of-way, and all rights
appertaining thereto unto the Grantees, their successors and assigns,until said Airport shall
be abandoned or shall cease to be used for public airport purposes, at which time the
easement and right-of-way hereby granted shall automatically revert to Grantor, its
successors and assigns.
AND for the consideration hereinabove set forth, the Grantor, for itself, its heirs,
administrators, executors, successors, and assigns, does hereby further agree that that the
2
following covenants shall run with the Grantor's Property for and during the life of said
easement and right-of-way:
(a) All uses shall comply with Table I, Fort Collins-Loveland Municipal
Airport Land Use Schedule set forth in Section 4.6 of the
Comprehensive Plan, a copy of which Table is attached hereto as
Exhibit"D" and incorporated herein by reference.
(b) No building, structure, tree or other object shall extend into
restricted air space as defined by FAA Regulation, Part 77, and the
Grantee shall comply with all applicable notice requirements of such
FAA Regulation.
(c) No exterior lighting, reflective material, smoke emissions or
electronic emissions shall be permitted within the property which
would materially lower pilots' visibility or cause material
interference with the Airport's navigation and communication
systems. For purposes of this condition, "reflective material" is
defined as glazing with a reflectivity of 65% or greater.
(d) Grantor shall not hereafter use or authorize the use of Grantor's
Property in such a manner as to make it difficult for flyers to
distinguish between Airport lights and others.
(e) Except to the extent otherwise required by applicable Federal law,
all new bodies of water within the property and within a radius of
10,000 feet from the end of any runway of the Airport, shall be
prohibited provided that: (1)they are larger than one-quarter acre in
size; (2) they are designed to hold or retain water permanently or
over extended periods of time; and (3) they are bird attractants. To
the extent permitted by Federal law, this prohibition shall not apply
to a relocation or expansion of any existing water body or to
detention ponds that have outlet structures designed to prevent the
permanent containment of water.
(f) Grantor agrees, that with development of Grantor's Property, or any
portion thereof, that all of the Grantor's covenants herein shall, as
condition of approval of any subdivision plats by the City of
Loveland, be included in development agreement(s) with the City of
Loveland for such property as conditions of development and further
agrees that all subdivision plats shall contain the following
language: "All or a portion of the property being subdivided may be
located within the Airport Influence Area of the Fort Collins-
Loveland Municipal Airport. Such property may experience noise
from low-flying aircraft as a result of 24 hour per day aircraft
operations."
3
(g) Grantor shall include the following disclosure statement in all of its
contracts for the sale of any of Grantor's Property and, further, shall
include a provision in such sales contracts that the purchaser thereof
shall include the following disclosure statement in all of its
subsequent contracts for sale of such property: "The property
subject to this contract may be located within the Airport Influence
Area of the Fort Collins-Loveland Municipal Airport. Such
property may experience noise from low-flying aircraft as a result of
24 hour per day aircraft operations." Each such contract subject to
this condition shall expressly provide that the disclosure provision
survives closing and is enforceable at law or in equity by the City as
a third party beneficiary of such contract.
Grantor furthermore waives any and all damages and claims for damages caused or
alleged to be caused by or incidental to the prohibition of the activities described in
subparagraphs (a) through (g) above.
It being understood and agreed that all of the aforesaid covenants and agreements
shall run with the Grantor's Property and shall be forever binding upon the heirs,
administrators, executors, successors and assigns of the Grantor.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this
day of , 2008.
GRANTOR:
By:
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing Avigation Easement was acknowledged before me this day of
, 2008 by
WITNESS my hand and official seal.
Commission Expiration Notary Public
4
Exhibit"A"
Grantor's Property
Legal Description
5
Exhibit"B"
Airport Legal Description
All of the Barnstorm Second Addition to the City of Loveland, Colorado
legally described as follows:
All that portion of Section 28 and Section 33, Township 6 North, Range 68 West, and that
portion of Section 4, Township 5 North, Range 68 West of the 6th P.M., Larimer County,
Colorado, more particularly described as follows:
Commencing at the Southwest corner of said Section 28, with all bearings relative to the
West line of the Southwest Quarter of said Section 28 considered as bearing North
00°30'00" East, thence South 87°28'49" East, 50.00 to the TRUE POINT OF
BEGINNING; thence North 00030'00" East, 2678.39 feet; thence North 00°29'50" East,
2639.76 feet; thence South 86°40'52" East, 795.07 feet; thence South 25°27'52" East,
107.65 feet; thence South 38°35'52" East, 152.85 feet; thence South 03°10'08" West,
157.83 feet; thence South 86°40'52" East, 231.41 feet; thence South 16°10'52" East,
13I.00 feet; thence South 11'10'52" East, 150.00 feet; thence 150.48 feet along a tangent
curve concave to the East, delta angle 39°44'00", radius 217.00 feet and chord South
31°02'52" East, 147.49 feet; thence along the centerline of the Louden Ditch for the
following eighteen courses and distances: South 50°54'52" East, 115.00 feet; thence 68.45
feet along a tangent curve concave to the North, delta angle 43°06'00", radius 91.00 feet
and chord South 72°27'52" East, 66.85 feet; thence North 85°59'08" East, 42.00 feet;
thence 85.50 feet along a tangent curve concave to the South, delta angle 53°50'00", radius
91.00 feet and chord South 67°05'52" East, 82.39 feet; thence South 40°10'52" East,
167.00 feet; thence South 47°10'52" East, 170.00 feet; thence South 42'10'52" East,
118.00 feet; thence 109.88 feet along a tangent curve concave to the West, delta angle
16042'00", radius 377.00 and chord South 33°49'52" East, 109.50 feet; thence 80.52 feet
along a tangent reverse curve concave to the East, delta angle 29°12'00", radius 158.00
feet and chord South 40°04'52" East, 79.65 feet; thence 81.95 feet along a tangent reverse
curve concave to the West, delta angle 36°24'00", radius 129.00 feet and chord South
36°28'52" East, 80.58 feet; thence South 18°16'52" East, 91.00 feet; thence 68.99 feet
along a tangent curve concave to the East, delta angle 18°08'00", radius 218.00 feet and
chord South 27°20'52" East, 68.71 feet; thence South 36°24'52" East, 113.00 feet; thence
65.69 feet along a tangent curve concave to the East, delta angle 17°16'00", radius 218.00
feet and chord South 45°02'52" East, 65.45 feet;thence South 53°40'52"East, 256.00 feet;
thence 135.14 feet along a tangent curve concave to the West, delta angle 26°42'00",
radius 290.00 feet and chord South 40°19'52" East, 133.92 feet; thence 265.00 feet along a
compound tangent curve concave to the West, delta angle 17°46'00", radius 82.17 feet and
chord South 18°05'52" East, 81.84 feet; thence 90.36 feet along a tangent reverse curve
concave to the East, delta angle 43°08'44", radius 120.00 feet and chord South 30°47'14"
East, 88.24 feet to the North-South Quarter line of Section 28; thence South 00°39'13"
West, 577.38 feet along the North-South Quarter line of Section 28; thence South
87°08'50" East, 2615.80 feet along the East-West Quarter line to the East One-Quarter
6
corner of Section 28; thence South 00°32'09" West, 2647.71 feet to the Southeast corner
of Section 28; thence South 00°00'10" West, 2599.29 feet to the East One-Quarter corner
of Section 33; thence South 00°00'41" East, 2568.62 feet along the East line of Section 33
to a point whence the Southeast corner of said Section 33 (and the Southwest corner of
Section 34) bears South 00°00'41" East, 30.00 feet; thence North 89°59'19" East, 30.00
feet; thence South 00°00'41" East, 30.48 feet to the South line of Section 34 (and the
North line of Section 3); thence along the East right-of.-way line of County Road No. 7
South 01°45'45" West, 2456.00 feet to the Northeasterly right-of-way line of Union
Pacific Railroad; thence along said right-of-way as follows: North 48°56'19" West,
3413.73 feet; thence 373.88 feet along a nontangent curve concave to the North, delta
angle 5°43'13", radius 3744.83 feet and chord North 46°04'43" West, 373.73 feet; thence
South 89°06'05" East, 177.04 feet along the South line of Section 33 to a point whence the
South One Quarter corner of said Section 33 bears South 89°06'05" East, 76.88 feet;
thence 794.66 feet along a nontangent curve concave to the North, delta angle 12°34'41",
radius 3619.83 feet and chord North 38°52'49" West 793.07 feet; thence North 32035'28"
West, 3737.67 feet to the East right-of-way of County Road No. 9; thence North 00°08'21"
West, 1619.75 feet along said East right-of-way to the TRUE POINT OF BEGINNING.
7
Exhibit"C"
Depiction of Airspace Plan
8
EXHIBIT "F"
(AIRPORT MINIMUM STANDARDS)
27