HomeMy WebLinkAbout2007-075-08/21/2007-APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF FORT COLLINS AND LOVELAND, AND WITH RESOLUTION 2007-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITIES OF FORT COLLINS AND LOVELAND,
AND WITH BOHEMIAN COMPANIES, LLC, REGARDING
TAXIWAY IMPROVEMENTS AT THE FORT COLLINS-LOVELAND
MUNICIPAL AIRPORT
WHEREAS, the Cities of Loveland and Fort Collins ("Cities") jointly own and manage
certain real property in Larimer County that is the site of the Fort Collins-Loveland Municipal
Airport (the "Airport"); and
WHEREAS, in connection with their joint operation of the Airport, the Cities entered into
an"Amended Taxiway Improvement and Easement Agreement'dated May 4, 1984,("the Taxiway
Agreement') with Triad Development Corporation, Inc. ("Triad"); and
WHEREAS, the Taxiway Agreement authorized Triad to construct certain taxiway
improvements upon the Airport (the "Improvements") in exchange for receiving a right of direct
access to the improvements from land located adjacent to the Airport owned by Triad("the Taxiway
Access Area"); and
WHEREAS, since 1984, the Taxiway Access Area has been developed and platted into
approximately seventy five (75) individual lots, all of which are privately owned; and
WHEREAS,pursuant to the Taxiway Agreement,the Cities are responsible for maintaining
the Improvements and the cost of such maintenance is to be shared equitably by all of the property
owners within the Taxiway Access Area; and
WHEREAS, the Improvements are in need of significant maintenance work at a total cost
of approximately THREE-HUNDRED TEN THOUSAND DOLLARS ($310,000.00); and
WHEREAS, the Cities are willing to complete the maintenance work, but lack adequate
funding to proceed; and
WHEREAS, Bohemian Companies, LLC is currently an owner of three lots within the
Taxiway Access Area and is willing to pay the Cities its equitable share of the costs for the
maintenance work and advance the Cities the cost of the remaining maintenance work, upon the
terms and conditions of a Taxiway Reimbursement Agreement, a copy of which is attached hereto
as Exhibit A and incorporated herein by this reference (the "Agreement'); and
WHEREAS, Section 29-1-203,C.R.S. authorizes the Cities to contract for the joint exercise
of any function, service, or facility lawfully authorized to each entity; and
WHEREAS,the City Council desires to approve the Agreement on behalf of the City of Fort
Collins for the purpose of completing the necessary taxiway improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to enter into the Taxiway Reimbursement
Agreement on behalf of the City,in substantially the form which is attached hereto and incorporated
herein by this reference as Exhibit A,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 Cou3ir4l of the City of Fort Collins this 21 st
day of August, A.D. 2007.
c
Mayor
ATTEST:
- LLk.S44� —
City Clerk
EXHIBIT "A"
TAXIWAY REIMBURSEMENT AGREEMENT
This TAXIWAY REIMBURSEMENT AGREEMENT ("Agreement') is made and
entered into this dayof 2007, by and between the City of Loveland,
Colorado, a municipal corporation ("Loveland"), the City of Fort Collins, Colorado, a municipal
corporation ("Fort Collins"), and Bohemian Companies, LLC, a Colorado limited liability
company("the Company").
WHEREAS, Fort Collins and Loveland shall hereafter be referred to jointly as "the
Cities"; and
WHEREAS, since 1963 the Cities have jointly owned and operated the Fort Collins-
Loveland Municipal Airport ("the Airport"); and
WHEREAS, in connection with their joint operation of the Airport, the Cities entered
into that certain "Amended Taxiway Improvement and Easement Agreement' dated May 4,
1984, with Triad Development Corporation, Inc., an Arizona Corporation ("Triad"), which
Agreement was recorded on April 15, 1985 at Reception Number 85017518 of the Larimer
County, Colorado records, a copy of which Agreement is attached hereto as Exhibit A and
incorporated herein by reference("the Taxiway Agreement'); and
WHEREAS, Section 2 of the Taxiway Agreement authorized Triad to construct certain
taxiway improvements upon the Airport, which improvements were completed approximately
twenty two years ago ("the Taxiway Improvements"); and
WHEREAS, as is described in Section 4 of the Taxiway Agreement, at the time the
Taxiway Agreement was entered into, Triad was the owner and developer of land adjacent to the
Airport which had direct access to the Taxiway Improvements, which land is specifically
Taxiway Reimb Agr.8/14/2007 I
described in Section 4 of the Taxiway Agreement and is referred to in the Taxiway Agreement
and hereafter in this Agreement as the "Taxiway Access Area"; and
WHEREAS, since 1984, the Taxiway Access Area has been developed and platted into
individual lots of which there are approximately seventy five (75) lots, all of which are currently
privately owned; and
WHEREAS, pursuant to Section 6 of the Taxiway Agreement, the Cities conveyed an
access easement to Triad, and to subsequent owners of lots within the Taxiway Access Area, a
non-exclusive easement and right-of-way through the Airport property for aircraft and ground
service vehicles to access the Airport's taxiway and runway system ("the Easement"); and
WHEREAS, Section 7 of the Taxiway Agreement provides that the Cities are
responsible for maintaining the Taxiway Improvements but that the cost of such maintenance is
to be shared equitably by all of the property owners within the Taxiway Access Area having the
benefit of Easement and that each such property owner within the Taxiway Access Area is
responsible for reimbursement to the Cities for the property owner's share of the maintenance
cost calculated pursuant to the formula set forth in Section 7.1 of the Taxiway Agreement; and
WHEREAS, the Taxiway Improvements are currently in need of significant maintenance
work at a total contract cost of $310,000.00, which work would include crack filling, asphalt
overlay of the entire surface, painting and shouldering work("the Maintenance Work"); and
WHEREAS, the Cities are willing to proceed with the Maintenance Work, but there are
currently no funds to perform the Maintenance Work; and
Taxiway Reimb Agr.8/14/2007 2
WHEREAS, the Company, which is currently an owner of three lots within the Taxiway
Access Area, is willing to pay to the Cities, in accordance with the Taxiway Agreement, its
equitable share of the costs for the Maintenance Work in the amount of$17,758.00 in advance of
the Cities beginning the Maintenance Work; and
WHEREAS, the Company is also willing to advance to the Cities the sum of
$292,242.00 for the remaining cost of the Maintenance Work on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of their mutual covenants and promises
contained herein, and other good and valuable considerations, the receipt and adequacy of which
are hereby acknowledged, the parties hereto agree as follows:
1. Company's Share of Maintenance Work Costs. Upon the execution of this
Agreement, the Company agrees to pay to the Cities the sum of $17,758.00 representing its
equitable share required by the Taxiway Agreement for the cost for the Maintenance Work.
2. Advance to Cities. Upon the execution of this Agreement, the Company shall
pay and advance to the Cities the additional sum of$292,242.00 to be repaid to the Company by
the Cities, without any interest accruing, in accordance with the provisions of paragraphs 4. and
5. of this Agreement and subject to the provisions of paragraph 6. of this Agreement ("the
Advance").
3. Use of the Company's Funds. The Cities agree to use all of the funds provided to
them by the Company under this Agreement to only pay the cost of the Maintenance Work. The
Taxiway Reimb Agr.B/14/2007 3
Cities agree to proceed with due diligence to commence and complete the Maintenance Work, no
later than November 1, 2007, subject to the provisions of Paragraph 14 hereof.
4. Cities' Repayment of Advance. The Cities shall only be obligated to repay the
Advance to the Company, at no interest, to the extent that the Cities are able to collect all or any
amount of the Advance from the other property owners within the Taxiway Access Area in
accordance with the applicable and legally enforceable terms of the Taxiway Agreement. The
Cities' collection efforts shall be pursued in good faith and at the Cities' costs, but the Cities
shall not be required to pursue any claim or cause of action against any property owner within
the Taxiway Access Area under the Taxiway Agreement if any state or federal law or controlling
decision of the Supreme Court of the United States, Tenth Circuit Court of Appeals, Supreme
Court of the State of Colorado, or Colorado Court of Appeals prevents the Cities from collecting
from any property owner that owner's share of the Maintenance Work costs under the Taxiway
Agreement; or if the Cities reasonably determine that the out-of-pocket costs they will incur in
commencing or pursuing litigation including, but not limited to, court costs and fees for any
needed outside counsel, will approach or exceed the amount being collected. The Company also
agrees that, with respect to any claims made or causes of action brought against a property owner
to collect the property owner's share of the Maintenance Work costs, the Cities, after
consultation with the Company, may compromise any payment from a property owner under the
Taxiway Agreement as the Cities deem necessary based upon the legal merits of such claims. In
addition and based upon individual hardship circumstances, the Cities may also defer such
payments or allow for payments in installments, provided that any such deferred or installment
payments shall not extend beyond a twelve (12) month period from the date of the demand letter
from the City to the affected property owner without the written consent of the Company.
Taxiway Reimb Agr.8/14/2007 4
Accordingly, the Company agrees that the Cities are not required under this Agreement to
commence or maintain any claim or cause of action in the courts or to deny use of the Easement
with respect to any property owner within the Taxiway Access Area to order to collect the
property owner's equitable share of the Maintenance costs under the Taxiway Agreement if the
Cities do not have a good faith claim under the law to pursue such claim or cause of action or to
deny use of the Easement or if the Cities determine that it is not cost-effective to pursue such
claim or cause of action as described above in this Paragraph. At the written request of the
Company, the Cities will assign any or all of their monetary claims for reimbursement under the
Taxiway Agreement to the Company for the Maintenance Work costs. This assignment
provision shall be the Company's only recourse against the Cities in the event that the Company
believes that the Cities have not adequately pursued the collection specified in this Paragraph.
5. Payment of Collected Funds. The Cities agree that if they are successful in
collecting any funds from any of the other property owners within the Taxiway Access Area for
their respective shares of the Maintenance Work costs, the Cities shall pay such amounts to the
Company within sixty (60) days after receiving them. The Cities shall be responsible for
maintaining a record of payments.
6. Multi-Fiscal Year Obligation. Any obligations of the Cities to make payments
under this Agreement shall be from year to year only and shall not constitute a mandatory
payment obligation of the Cities in any fiscal year beyond the present year. This Agreement shall
not directly or indirectly obligate the Cities to make any payments to the Company beyond those
appropriated for any fiscal year for which this Agreement is in effect. Notwithstanding the
foregoing, the Cities agree that their respective City Managers are hereby directed to include in
any annual budget and appropriation proposals submitted to their respective City Councils for
Taxiway Reimb Agr.8/14/2007 5
each year during the term of this Agreement, amounts sufficient to meet any and all financial
obligations of the Cities under this Agreement conditioned on the Cities successfully collecting
the funds owed under the Taxiway Agreement as contemplated under this Agreement, it being
the intent and agreement of the parties, however, that the decisions as to whether to budget and
appropriate such amounts shall be in the sole discretion of the Cities' respective City Councils.
7. Jurisdiction and Venue. The parties stipulate and agree that in the event of any
dispute arising out of this Agreement, that jurisdiction over such dispute and venue shall be
proper and that all proceedings under this Agreement shall be brought in the State District Court,
Eighth Judicial District, County of Larimer, State of Colorado.
8. Assignment. This Agreement shall not be assigned by any of the parties without
the prior written consent of the other two parties.
9. Applicable Law and Enforceability. This Agreement shall be construed in
accordance with the laws of the State of Colorado. In addition, the parties recognize and
acknowledge the legal constraints imposed upon Loveland and Fort Collins by the constitutions,
statutes, and rules and regulations of the State of Colorado and of the United States, and those
imposed upon Loveland and Fort Collins by their respective Charters and Codes, and that,
subject to such constraints, the parties intend to carry out the terms and conditions of this
Agreement. Notwithstanding any other provision of this Agreement to the contrary, in no event
shall any of the parties exercise any power or take any action which shall be prohibited by
applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such
manner so as to be effective and valid under applicable law.
Taxiway Reimb Agr.8/14/2007
10. Notices. Whenever written notice is given in connection with this Agreement by
one party to another, it shall be given effect by hand delivery or by mailing the same by certified
mail, return receipt requested, to the party to whom given. Notices shall be addressed as follows:
If to Fort Collins:
Darin Atteberry, City Manager
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
Steve Roy, City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue, 2°d Floor
Fort Collins, CO 80521
If to Loveland:
Don Williams, City Manager
City of Loveland
500 East Third Street, Suite 330
Loveland, CO 80537
With a copy to:
John Duval, City Attorney
City of Loveland
500 East Third Street, Suite 330
Loveland, CO 80537
If to Bohemian Companies, LLC:
Joseph C. Zimlich
Bohemian Companies, LLC
103 West Mountain Avenue
Fort Collins, CO 80521
Taxiway Reimb Agr.8/14/2007 7
With a copy to:
Lucia Liley, Attorney at Law
Liley Rogers & Martell, LLC
300 South Howes Street
Fort Collins, CO 80521
Any party hereto may at any time designate a different person or address for the purpose of
receiving notice by so informing the other parties in writing. Notice by certified mail shall be
deemed effective upon actual receipt thereof or three days after being deposited in the United
States mail, whichever first occurs.
11. Third Party Beneficiaries. The rights created in favor of the parties under this
Agreement are not intended to benefit any person or entity that is not a party to this Agreement.
12. Construction. This Agreement shall be construed according to its fair
meaning and as if it was prepared by all of the parties and shall be deemed to be and contain the
entire Agreement between the parties. There shall be deemed to be no other terms, conditions,
promises, understandings, statements, or representations, expressed or implied, concerning this
Agreement, except as set forth in writing and signed by all of the parties. The paragraph headings
in this Agreement are to be as a reference only and shall in no way define, limit or prescribe the
scope or intent of any provision of this Agreement.
13. Term. Whether or not the Company has been repaid under this
Agreement for the full amount of the Advance, this Agreement and all of its terms, conditions
and obligations shall terminate on September 1, 2013.
14. Force Maieure. Notwithstanding anything contained herein to the contrary, it is
agreed that in the event and to the extent of fire, flood, earthquake, natural catastrophe,
explosion, acts, war, illegality, act of God, or any other cause beyond the control of any party
Taxiway Reimb Agr.8/14/2007 8
hereto, or strikes or labor troubles (whether or not within the power of the party affected to settle
the same) prevents or delays performance by any party to this Agreement, such party shall be
relieved of the consequences thereof without liability, so long as and to the extent that
performance is prevented by such cause; provided, however, that such party shall exercise due
diligence in its efforts to resume performance within a reasonable period of time.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Taxiway Reimbursement
Agreement as of the date and year first above written.
THE CITY OF LOVELAND, COLORADO,
a municipal corporation
By:
Don Williams, City Manager
ATTEST:
Teresa Andrews, City Clerk
APPROVED AS TO FORM:
John Duval, City Attorney
Taxiway Reimb Agc8/14/2007 9
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Darin Atteberry, City Manager
ATTEST:
Wanda M. Kra icek City Clerk
J Y
APPROVED AS TO FORM:
Steve Roy, City Attorney
BOHEMIAN COMPANIES, LLC, a
Colorado limited liability company
By:
Joseph C. Zimlich, Manager
Taxiway Reimb Agr.8/14/2007 10
to i11Xi
AMENDED TAXIWAY IMPROVEMENT AND EASEMENT AGREEMENT
This amended Agreement, made and entered into effective May 4,
1984, is by and between TRIAD DEVELOPMENT CORPORATION, INC. , an Arizona
Corporation (hereinafter referred to as "Triad") ; the CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, and the CITY OF LOVELAND,
COLORADO, a Municipal Corporation; and the FORT COLLINS - LOVELAtU)
AIRPORT AUTHORITY, a Public Airport Authority (hereinafter referred to
as "Owner") , which now operates the Fort Collins - Loveland Municipal
Airport (hereinafter "Airport") , pursuant to the terms of an Agreement
dated December 20, 1983 with the Cities of Loveland, Colorado, and Fort
Collins , Colorado , who shall be deemed the "Owner" in Lite event the Fort
Collins - Loveland Airport Authority ceases to operate the Airport.
WITHESSETH.
In consideration of the premises and covenants herein contained and
payments to be made hereunder, the parties agrees as follows :
1 . Triad and the Cities have previously entered into a Taxiway
Improvement and Easement Agreement dated May 4, 1982 which is recorded
at Book 2172, Page 1459, Records of Larimer County Clerk and Recorder,
hereinafter referred to as "Taxiway Agreement". This Agreement
supersedes and supplants the said "Taxiway Agreement".
2. Taxiway Improvements . Triad is hereby authorized to construct upon
the Loveland - Fort Collins Airport taxiway improvements located as
shown upon Exhibit "1" attached hereto , to have a paved surface no Less
than forty feet (40') in width and be constructed substantially in
accordance with Exhibit "2" or the then applicable ( if different than
Exhibit "2") Federal Aviation Administration design specifications at
the time of construction for taxiways accommodating dual wheel gear
aircraft with a maximum gross weight of 60,000 pounds , whichever
specifications render the greatest load bearing capacity. Triad shall
include in such construction reflectors or other FAA approved marking
devices , other than lights , to mark the taxiway. A portion of the cost
of such construction and marking shall be eligible for refunding in
accordance with paragraph 3 below. Triad , in its discretion, and at its
sole expense, may at anytime oversize the taxiway improvements but shall
have no obligation to do so. All improvements shall be constructed in
accordance with specifications and plans approved by the Owner, which
approval shall not be uureasonabLy withheld.
2.1 . Upon completion of the taxiway improvements , that portion of
the taxiway which is to be used as a combination of temporary
crosswind runway and taxiway shall be appropriately marked to
designate such usage. The Owner anticipates at sometime in the
future that a permanent crosswind runway will be constructed , but
the Owner shall have no obligation to do so and Cite taxiway may be
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used indefinitely as a runway and taxiway. At such time as such
permanent runway is completed , the taxiway improvements completed
by Triad shall revert solely to taxiway use and the taxiway will
be appropriately remarked at no cost to Triad or its successors or
assigns .
2.2. The installation of the taxiway improvements shall be
performed in a good and workmanlike fashion, and the contractor
performing such work shall guarantee the materials and workmanship
for a period of not less than one (1) year. The Owner shall have
the right to inspect the work during construction and upon
completio❑ of the work. Upon its completion and provisio❑ to the
Owner of evidence sufficient to show title to the work
unencumbered by any encumbrances or liens , all such improvements
located upon the Airport property shall thereupon be conveyed free
of all Liens and encumbrances to the Owner. Title shall vest in
Owner upon acceptance of such conveyance by Owner, which shall not
be unreasonably withheld.
3. Refunding. It is agreed that Triad shall have the right and
opportunity to recoup a maximum of fifty percent (50%) of the costs
eligible for refunding. In order to provide such reimbursement, at such
time as any portion of the land within the "taxiway use zone" (as shown
upon Exhibit "3") , is first leased by the governing body of the Fort
Collins - Loveland Municipal Airport for use for aeronautical related
activities , there shall be paid to Triad by the Cities a sum to be
calculated by multiplying fifty percent (50%) of the cost of the taxiway
improvements installed by Triad times a fraction in which the numerator
is the square footage of the Leased area, and the denominator is the
total square footage in the taxiway use zone which the Owner plans to
use or make available for use for aeronautical related activities .
3 .1. The Owner agrees that, at the time any Land in the "taxiway
use zone" is first leased or improved for aeronautical activities ,
the Owner will define the area within the "taxiway use zone" which
will be assessed for reimbursement. Such area will include all
land withi❑ the "taxiway use zone" which will be reasonably
expected to benefit from the taxiway improvements installed by
Triad , but shall not include automobile service stations , rental
auto offices , or public auto parking lots and roadways . The area
so determined shall hereafter be called the "taxiway contribution
area".
3.2. Triad shall, within one hundred and twenty (120) days after
completion of any improvements constructed pursuant to this
Agreement, supply to the Owner a statement of the total costs of
such improvements , and support documentation if requested by the
Owner.
3.3. The obligatio❑ of the Owner to provide reimbursement to
Triad hereunder shall extend for a period of fifteen (15) years
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9
from the date of completion of the improvements , and shall
terminate without any act of the parties at the expiration of said
period unless extended in writing by the Owner.
4. Use and Fee Covenants . The real property being developed by Triad is
known as the Loveland - Fort Collins Industrial Airpark, and certain
portions of the Airpark shall have direct access to the taxiway
improvements which are the subject of this Agreement. Those portions of
the real property having such direct access are hereinafter referred to
as the "taxiway access area" and are described as Block 3 of the Master
Plan of the Loveland - Fort Collins Industrial Airpark, dated November
4, 1981, as revised December 15, 1981 (hereinafter "Master Plan") , and
no amendment to such Master Plan shall affect the terms of this
Agreement unless approved in writing by Owner. Triad agrees to impose
covenants upon the taxiway access area, prohibiting uses of the property
for commercial aeronautical activities (as hereafter defined) , and
prohibiting sale of aviation fuel to the public . Such covenants shall
not prevent aeronautical uses which are secondary or incidental to the
primary use of the property which is not a commercial aeronautical use,
and shall not prevent any aircraft operator from adjusting, repairing ,
refueling, cleaning, and otherwise servicing his own aircraft . I❑ the
event such covenants or any other covenants or agreements required to be
created by Triad pursuant to the terms of this Agreement are not
recorded, then this Agreement shall be construed as creating such
restrictions on the Taxiway Access Area. In the event of any conflict
between such covenants and this Agreement, this Agreement shall
control.
4.1 . For the purposes of this Agreement, the following shall
constitute "commercial aeronautical activities" if provided to the
public: airtaxi, charter, and aircarrier service operations; pilot
training; aircraft rental; aerial sightseeing, spraying, and
advertising; aircraft sales and service; aircraft storage; sale of
aircraft parts; repair and maintenance of aircraft; sale or
dispensing of aviation petroleum products; rental of motor
vehicles . The Owner shall have a right to inspection of the
property and improvements in the taxiway access area for the
purpose of insuring compliance with this Agreement.
4.2. The Owner covenants and agrees that no owner of property in
said taxiway access area shall be charged any direct fee, rental,
or other charge which is used to directly defray or directly
reimburse any of the reimbursable costs of taxiway improvements
installed by Triad in accordance with this Agreement.
5. Control of Access.
5.1 . The parties agree that in the event that any party hereto,
or the owners in the taxiway access area find it desirable to
provide a means by which access between the taxiway access area
and the Airport is controlled in order to protect and preserve the
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property and interest of the owners of land in the taxiway access
area or to preserve the Owner's interest in protecting the general
welfare and safety and the operation of the Airport, then the
Owner may establish reasonable methods and procedures designed to
insure that access to and from Airport facilities and the taxiway
access area, by use of the taxiway improvements installed by
Triad, may be gained only by the owners of property in the taxiway
access area.
5.2. As a condition for access onto the Airport from the taxiway
access area, each property owner or user shall be obligated to
abide by the covenants placed upon the property by the owners .
Further, as an additional condition for gaining access to the
Airport from the taxiway access area, each property owner or user
shall be prohibited from engaging in the commercial aeronautical
activities described in paragraph 4.1 above on the property
contained in the taxiway access area.
5.3. It is specifically understood and agreed that the provisions
of this Section 5 shall be enforceable against each lot owner
individually, or each person gaining access to the Airport from
the taxiway access area.
6. Grant of Easement. The Owner agrees that upo❑ commencement of the
construction by Triad of the improvements described in this Agreement,
the Owner shall forthwith execute and deliver to Triad an access
easement in the form attached hereto as Exhibit "4" . The time of
commencement for such improvements shall occur at such time as required
by the terms of the Subdivision Improvements Agreement effecting the
taxiway improvements as entered into between Triad and the County of
Larimer in connection with the approval by the County of Larimer of the
Loveland - Fort Collins Industrial Airpark, and such Subdivision
Improvements Agreement may hereafter be amended, extended , or modified,
or May 4, 1988, whichever first occurs .
7. Maintenance. The Owner shall, subsequent to acceptance of the
improvements by the Owner, maintain the completed improvements
constructed by Triad on Airport land; however it is agreed that the
costs of such maintenance should be shared equitably by property owners
in the taxiway access area having a taxiway easement and others having
access to the taxiway as follows,
7 .1 . The property owners in the taxiway access area shall be
responsible for reimbursement to the Owner for that portion of the
maintenance costs incurred subsequent to acceptance of the
improvements by the Owner calculated by multiplying the total
costs of such maintenance times a fraction whose numerator is the
square footage of property in the taxiway access area adjacent to
taxiway systems in the taxiway access area, and whose denominator
is equivalent to the sum of the numerator plus the square footage
of land in the "taxiway contribution area" (as defined in
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paragraph 3.1 above) which has been leased or improved by the
Owner for use for aeronautical related activities on or before the
time such maintenance costs are incurred.
7 .2. Triad agrees to impose covenants upon the land in the
taxiway access area requiring the property owners in that portion
of the taxiway access area, subject to reimbursement of
maintenance costs as set forth above, to provide payment monthly,
or at longer intervals as may be selected by the Owner, to the
Owner for the costs of maintenance as calculated in paragraph 7.1 .
above within thirty (30) days following written notification by
Owner of the amount of costs for which they are responsible ,
together with supporting documentation. Such payments shall be
collected by and remitted to Owner by a property owners
association composed of those subject to the obligation for such
reimbursement, which association Triad hereby agrees to create in
connection with the covenants imposed. Failure of the Association
to collect and pay over to Owner the maintenance assessments owing
may, at the Owner's option, result in closure of the point of
access to the taxiway until such assessments are paid.
7 .3 . "Maintenance" costs , for the purposes of this Agreement ,
shall mean all costs incurred by the Owner for snow removal,
sweeping, repair, lighting, electricity, resurfacing, and all
other expenses necessary to maintain such improvements .
8. Fuel Fees .
8.1 . Each property owner located in the taxiway access area shall
comply with the standards of construction and operation of
self-fueling facilities , and remit to the Owner the fuel fees in
the amount and fashion set forth in Exhibit "5"; provided that if
there is hereafter established by the Owner different standards or
different fuel fees for such operations on Airport property, the❑
such different standards and fees shall be applicable to the
property owners located in the taxiway access area.
8.2. Nothing herein shall be construed to prevent the Owner from
imposing reasonable and fair fees , rates , tolls , and charges for
the use of the Airport facilities except as is provided in
paragraph 4.2 above.
8.3 . Failure of any property owner or user to remit payment for
said rates , fees , rental, or other charges imposed herein or by
rule or regulation shall be grounds upon which the Owner can deny
the same access to the Airport, in addition to all other remedies
which Owner may have.
8.4. Upon request of the Owner, the Owner's Association, referred
to in paragraph 7 .2 above, shall collect the fuel fees payable
pursuant to paragraph 8.1 and remit the same to the Owner. Failure
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of the Association to collect and remit such fees following
request of the Owner, may, at the Owner's option, result in
closure of the point of access to the taxiway until such
remittance has been made.
9. Annual Fee. Triad shall, as further consideration to Owner for this
Amended Agreement, make payment to Owner of the sum of One Hundred
Dollars ($100.00) annually until the taxiway improvements have been
completed . The first such payment shall be made within thirty (30) days
of the time that this Agreement has been executed by each party, and
thereafter such payment shall be made on June 1 of each year in which
this Agreement is in effect and the taxiway improvements have not been
completed.
to. Aircraft Registration. The owners or pilots of all aircraft that
are normally based, stored , or serviced shall register such aircraft
with, and provide the Owner with such information as may be requested ,
on a form to be prescribed by Owner. In addition to any other remedy
which may be available to the Owner against the person or persons
failing to comply with this section, such noncompliance shall be grounds
upon which the Owner may deny access to the Airport for the aircraft
which have not been so registered .
11 . Access Easement to Owner. Triad covenants and agrees that at such
time as the taxiway easement described in paragraph 6 is granted by
Owner, Triad shall provide for permanent access by Owner to the Airport
lands lying North of the taxiway easement. Such permanent access may be
in the form of dedicated public streets or rights-of-way, or by grant of
a nonexclusive easement to Owner, for access along the Northern boundary
of the land described in the Master Plan, or at such other location
selected by Triad as will provide access from a dedicated and improved
public road . Improvement and maintenance of any such access easement
shall be the responsibility of Owner. Improvement and maintenance of any
access street dedicated to the public in connection with subdivisio❑ of
land in the Master Plan shall be in accordance with any requirements
regarding the same established at the time of subdivision; provided that
if Owner desires such street to be improved prior to the time the street
would otherwise be required to be improved in connection with
subdivision, then the cost and maintenance thereof shall be borne by the
Owner.
12. Term, Effect. Integration and Severability. This Amended Taxiway
Improvement and Easement Agreement constitutes the entire agreement of
the parties hereto and replaces and supersedes the Taxiway Improvement
and Easement Agreement above identified which was entered into on May 4,
1982 between the Cities and Triad. This Agreement shall be recorded in
the records of the Office of the Larimer County Clerk and Recorder, and
the cost for such recording shall be paid by Triad.
12.1 . The terms of this Agreement shall be binding upon and inure
to the benefit of the successors , representatives , and assigns of
6
/3
the parties hereto, including each user or owner of property
located in the taxiway access area.
12.2. This Agreement may be altered, amended , or otherwise
revised only by written agreement of the parties hereto.
12.3. If any provisions , sentence, phrase, or word in this
Agreement shall be determined to be void, invalid , or
unenforceable by a final judgment of a court of competent
jurisdiction, such determination shall not affect any other
remaining provision, portion of provision, sentence, phrase, or
word; provided that, notwithstanding the foregoing, should
determination be made that taxiway access to the Airport from the
taxiway access area of the Loveland - Fort Collins Industrial
Airpark is not available in perpetuity, then the provisions
regarding maintenance costs to be paid by property owners in the
taxiway access area of the Airpark shall be deemed unenforceable
and void.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective on the day and year first set forth above.
TRIAD DEVELOPMENT CORPORATION, INC.
By
RAIPR OGBNRN, President
DATE: ��r .
ATT T: d'
Secretary
lit
CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
MAYOR
DATE:
ATTEST:
' 1
IN
joy - 7 -
Approved As To Form:
City City orney, City of Fo(y Collins ,
Colorado
CITY OF LOVELAND, COLORADO,
A Municipal Corporation
By w
i : MAYOR
SEAL ' DATE: �L? /C ifAL
ATTEST: f
.retar Approved As To Form:
City Attorney, City of Loveland
Colorado
FORT COLLINS - LOVELAND AIRPORT
AUTHORITY, A Public Airport
Authority
B 17�
Tl�e thairman of the Board of the
Fort Collins - Loveland Airport
Authority
DATED:
ATTEST-
Secr tary
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