Loading...
HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-07-07AGREEMENT This Agreement is made and entered into this day of April, 1987 by and between Everitt Enterprises Limited Partnership No. 1, a Colorado limited partnership ("Everitt") and the City of Fort Collins, Colorado, a municipal corporation, ("City"). WITNESSETH: WHEREAS, concurrently with the execution of this Agreement, Everitt and the City intend to execute an agreement (the "Ditch Crossing Agreement") with the New Mercer Ditch Company (the "Ditch Company") which authorizes Everitt to- construct and install a box culvert and sanitary, water and storm sewer lines (the "utility improvements") within a portion of the New Mercer DJtch right-of-way and the right-of-way of Center Avenue, subject to the City assuming certain maintenance obligations therefor; and WHEREAS, the City and Everitt desire to establish additional terms and conditions as among themselves relating to the construction,, installation and maintenance of the utility improvements. NOW THEREFORE, by and in consideration of the above premises and the following terms and conditions, the City and Everitt agree as follows: 1. The utility improvements shall be constructed and installed by Everitt at its sole cost and expense and the City shall not be liable for payment of any costs associated with the construction and installation of such improvements. 2. It is recognized by the parties hereto that the City is in no way responsible for any damages caused by the construction and installation of the utility improvements and Everitt hereby agrees to indemnify and hold the City harmless from any liability for damages caused by such construction and installation. 3. Notwithstanding anything to the contrary in the Ditch Crossing Agreement, the City agrees to begin maintenance of the utility improvements in accordance with the standards set forth in paragraph 1-1 of the Ditch Crossing Agreement, at such time as the utility improvements have been dedicated to and accepted by the City. Until such dedication and acceptance, Everitt agrees to maintain the utility improvements at its sole cost and in accordance with the standards of the Ditch Crossing Agreement. the inception of the University, and in recognition of the potential value of the University�to the City, the Boulder community contributed $15,000 as one-half of the initial cost of the construction of "Old Main," the original university building. Since that time, there has been a continuing positive relationship between the University and the City with many cooperative efforts expended in solving mutual problems and resulting in significant benefits to both parties. As part of the University's process for long-range plans for the phased development of the Research Park Project, the University desires to reach a cooperative agreement and understanding with the City concerning the development of the Project which will benefit both the University and the City. The City and the University recognize that the Research Park Project is a long-term project, presently in its conceptual stage, which Wilk --evolve and be refined over the next decade or more. This Memorandum of Understanding sets forth understandings etween the City and the University concerning the development rocess for the Project and pledges to continue the positive working relationship between the University and the City. Neither party by this Agreement concedes supervening authority of the other over their respective jurisdictions. Based on these considerations, it is agreed and understood as follows: -2- I. OFF -SITE DEVELOPMENT AND IMPROVEMENTS dress and Egress to the Site. The University shall be given access to city streets and roadways at such points as are reasonably necessary to develop the Research Park Project. /dtermined s of ingress, egress, and traffic control shall be based on reasonable requirements of the City and the nableequirements of the University's development plan. 2. Off -Site Water and Sewer Facilities. The City shall assist' and cooperateY n with the University iplanning any utilities required for this Project. All off -site facilities relating directly to the Protect shall be developed as a cooperative effort between the University and the City consistent with the budgetary constraints of the University and the City. 3. Financing Off -Site Improvements. The University and the City agree to quall share the costs of all off -site tr ns� p-tion and utility improvements mutually agreed upon by the University and the City as necessary for the Project consistent with the budgetary constraints of the University and the City. The City will, at the University's request, establish a local improvement district, to assist the University in the financing of these improvements, in accordance with the City's past practices concerning such districts. II. ON -SITE DEVELOPMENT AND IMPROVEMENTS e University and the City agree to cooperate so that the iri of the Land Use Regulations of the City are followed on -3- the Research Park. To resolve certain potential issues, the University and the City agree as follows: 1. Standards and Codes. The University shall develop the Research Park Project in a campus setting which will be consistent with that of the main Boulder campus and to National Building, Fire, Electrical, Mechanical and Plumbing Codes adopted by the University. The University will consult with the City concerning its standards and codes. Realizing that the development and construction of the Project will be undertaken upon University property, it is understood that the University's Development Planning Process shall be the process used by the University for planning, development and construction of the Research Park Project. 2. Use. The University or its third -party designees have the right to develop the Research Park Project within the broad range of uses found on the existing main Boulder campus and the East Campus and including without limitations, hotel and conference facilities, research and development facilities, in ubF ator facilities for start-up businesof the Research —Park concept, office buildings, and laboratories. The City Manager will be notified by the Vice Chancellor for c Administration of proposed projects that have received the Chancellor's approval for development of a written program plan. Should the City Council formally request that such development not proceed or that it be changed in a significant way, the City Council may request the Board of Regents include the Project as -4- an agenda item at a public meeting, in accordance with the Board of Regents customary procedures, prior to determining if the development will proceed. r- 3. Bulk Requirements. The University will create its CW own site plan allowing for flexible setbacks consistent with its �enspace, bikeway, pedestrian way, and parking plans and any other amenities. City setback requirements as they pertain to public streets at the perimeter of the East Campus and adjacent private property shall be met. 4. Open Space. The University will provide usable open space as part of the Project similar to the land reserved under the City's Land Use Regulations and consistent with the campus -like setting of the main Boulder campus. It is anticipated that the University's open space plan will include pedestrian. ways and bike paths consistent with the City's bikeway path program. Boulder Creek has been recommended to the Boulder Campus Chancellor for designation as open space by the Boulder Campus Planning Commission. 5. Landscaping. The University will provide adequate landscaping consistent with the overall design concepts of the Q — Research Park Project and will meet the City's landscaping requirements along City streets. The Project will be designed in such a mariner as to be similar with the landscaping with the main Boulder campus landscaping. 6. Covenants and Use Restrictions. The University intends to develop a stringent set of covenants, conditions and -5- restrictions for the development of the Research Park Project. The covenants will deal with the types of buildings to b constructed, style and materials to be used, and will generally insure that all buildings and facilities are of a high quality and will meet high aesthetic standards. 7. Land Development Review. All buildings to be constructed on the site will be subjected to the University's Project Design Review process. All buildings constructed will be reviewed by the University's Building Committee, architect, Design Review Board of the University and the Boulder Campus Planning Commission. As a matter of practice, the University holds at least one public meeting according to the Board of Regents' customary procedures prior to granting final authorization to construct buildings. The buildings will be reviewed based on the covenants to be drafted by the University insuring that all construction is consistent with the overall plan of the University. During the design development process, the facilities planning, mechanical, electrical, energy conservation, and health and safety departments of the University shall be an integral part of the process' for reviewing all planned construction. 8. City Fees and Taxes. If a party other than the University constructs a building or buildings within the site, amounts which are equivalent to the City's building permit fees and applicable sales and use taxes shall be paid, but no building permits will be required. Projects within the site undertaken -6- directly by the University are exempt, under Section 3-2-7, B.R.C. 1981, from such fees and taxes. aE9. Water and Sewer. The University agrees to pay all plicable utility fees to the City for connections to the City's utility lines. All third parties constructing buildings within he Project shall pay all applicable utility fees. 10. Health and Safety Standards. 1 inspection of construction within the Research Park Project will be conducted by a qualified inspector (who may be a University employee) authorized. by the University to conduct such inspections. The University may request inspection by the City. 11. Flood Control. The University shall conform to the Urban Drainage and Flood Control District and the Federal Emergency Management Agency requirements as the standard for construction of facilities within the site. The University will consult with the City regarding concerns and will be responsive to the Governor's Executive Order No. 8504, concerning floodplain development. Hard -lined (concrete or asphalt) channels will not be used for flood control purposes for Boulder Creek and Skunk Creek. 12. Parking. Parking will be designed to be consistent: with the campus -like amenities within the Research Park Project and may have some combined parking areas where appropriate for creating more pleasing aesthetic balance. Bicycle parking will be included within the Project to be consistent. with the type of use anticipated within the site. -7- 13. Fences, Hedges and Walls. The University will comply with the requirements of the City concerning fences, hedges and walls. Any fences, hedges and walls created within the Research Park Project will be consistent with the covenants to be established by the University and must meet those standards. 14. Illumination. All illumination within the Research Park Project will meet the standards of the City, except where deviation is necessary as required by the University to meet specific security requirements and safety of the occupants of the Research Park Project, and to meet special requirements for specialized uses. 15. Solar Access. It is agreed and understood that the University is not required to comply with the solar access requirements of the Boulder Land Use Regulations. 16. Plan Submittal. As is the current practice, all �Oposed construction, site, architectural, engineering, utility nd landscape plans, shall be furnished to the City for review and comment. Post construction documents will be furnished for health and safety response information. 17. Disclosures of On -going Activity. It is agreed and understood by the City that the University is currently considering a proposal for its construction of an addition to an existing structure within the Research Park. It is possible that the proposal may be approved before the University has its Covenants and Restrictions in place and before certain other -8- provisions, of this Memorandum of Understanding are in place. However, the proposal is from a University affiliated organiza- tion with existing facilities on the Campus. 18. Liability. By this Agreement, the City assumes no duty to oversee the development of the Research Park, and neither party assumes any liability for any actions of the other party. 19. Scope of Agreement. No inferences shall be drawn concerning issues not specifically dealt with or discussed in this Memorandum. . THIS MEMORANDUM OF UNDERSTANDING is executed as of the date first above written. THE REGENTS OF THE UNIVERSITY OF COLORADO B l�f QnM.v� IV, . ('yl ( n Y� THE CITY OF BOULDER, COLORADO ByX&_d_ �' a ADDENDUM TO MEMORANDUM OF UNDERSTANDING The University and the City recognize that the Research Park Development as it will be designed and approved by the University will create certain impacts on the City's transportation network, water and waste water utilities and air and water quality. The City and the University agree to study jointly the range of these impacts for the purpose of exploring the possibilities of mitigating them in support of the University's development of the site. The City and the University agree to develop a method by which such impacts are assessed on or before February 1, 1987. A written report on this evaluation shall be compiled on or before June 30, 1.987. c RCP`s _4 # 87026673 05 /08/87 08 :59 : 14 # OF PA3ES - 2 FEE - $6 .00 '.4 RODE ABER3ER, RECORL - LARIAER COUATY, CO ST DOC FEE $ .00 RECESVEG SITE AND LANDSCAAPE COVENANTS �9R� MAY b C P.U.O. Situate in the PLANK, City of Fort Coll insnty of Lorimer, pEPARTN;_.. State of Colorado Centre For Advanced Technology The undersigned, fee owner of _ 2nd Filing P.U.O. (The Property) located in the City of Fort Collins, County of Larimer, State of Colorado, does hereby make the following declarations as limitations, restrictions and uses to which the Property may be put, and hereby speci- fies that these declarations shall constitute covenants to run with all of the Property and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of. the Property, this declaration being signed for the purpose of guaranteeing that the Property will be developed and landscaped ini- tially and kept in desirable condition in the future as herein specified. "Owner" shall include the signator to this document and all successors or assigns of said signator. The landscape improvements, parking areas, sidewalks, open spaces and site amenities including, without limitation, energy generation or con- servation amenities, as described in the site and landscape plans submitted to the City of Fort Collins and on record therewith shall be made and installed in "the manner as described in said plans unless amended pursuant to the approval of the City of Fort Collins. With the exception of lands necessary for construction, the owner shall cause the property to be developed according to the site and landscape plan submitted to and ap- proved by the City of Fort Collins. It is further understood and agreed that the o'yner of the Property, or its assigns or successors in interest, shall be responsible for the maintenance and care (including necessary replacement of dead grasses, plants, trees or shrubs) of all "planted and landscaped" areas and other amenities within said P.U.D. together with all parking, sidewalks and open space areas and all areas otherwise uti- lized for buffering energy conservation or other site amenity. Should the owner fail in any respect to comply with the terms of th i s Agreement, the City of Fort Collins upon notifying said owner in writing of the matters in regard to which default is asserted and should the owner fail either to cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right (1) to obtain, in the District Court of Larimer County, Colorado, a mandatory injunction requiring rectification of the default, or (2) to enter upon said property and perform the work necessary to replace said improvements or maintain the same and the owner shall pay. or cause to be paid to the City of Fort Collins such sums necessary to reimburse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. The sum due and unpaid shall accrue interest at the statutory rate for judgements from the date that such sum is due. If said 4. Everitt hereby agrees to grant to the City reasonable and necessary access to the New Mercer Ditch for the purpose of performing its maintenance obligations required herein. 5. This Agreement shall extend to and be binding upon the grantees, successors and assigns of the parties hereto. IN WITNESS Agreement to be written. ATTEST: ATTEST: Approved/ WHEREOF, the parties hereto have caused this executed the day and year first hereinabove A�sista4it ¢ity Attorney EVERITT LIMITED PARTNERSHIP NO. 1, a Colorado limited partnership By: Everitt Enterprises, Inc., a Colorado corporationy)as gener92,partner , / e Gerald R. HaRton, President CITY OF FORT COLLINS, COLORADO a municipal corporation By: C Zvt,� City Manager 2 wil billing is not paid, then the City of Fort Collins pursuant to the author- ity granted by these covenants, shall have a lien on the above described property and improvements thereto. Said lien to be exercisable by filing a notice of said lien against said property and improvements thereto; pro- vided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within the Property, if applicable. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for en- forcement of liens against real property and may also, at its discretion, without waiving any other rights it may have pursuant to law, proceed directly with legal action against the owner, its assigns or successors in interest, to collect payment of the reasonable amounts so expended pursuant to the terms hereof. The undersigned, its successors and assigns, hereby expressly reserve the right, with the consent of the City of Fort Collins, Colorado, to amend or restate these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The Centre For Advanced pUD" which real Techno tpg� 2nd Filin •..wproperty shall include the property subject to these Covenants. DATED this 13th day of April , 1987. e ATTEST: %f: Sec,re ~ry T cy ]3 ie, Assistant STATE OF COLORADO ) )ss COUNTY OF LARIME:R ) Owner Everitt Enterprises Limited Partnership No. a Colorado Limited Partnershi By: Everitt erprises, In en ral P tner By It e Gerald R. Haxton, Presi en Secretary The foregoing instrument was acknowledged before me this 13th day of April , 19 87, by Gerald R. H_axton as President and Tracy_Hozie as asset. Secretary of" Eveiltt Enterprises, nc., a eneral Partner for Everitt Enterprises Limited Partnership No. 1, a o ora o Limited Partnership. My Commission expires: 8-13-88 Witness my hand and official seal. a' o° Notary Publi ? 3000 South C lege Avenue, Fort Call os,--T,0'-805.i5. — 2 — 773fe71 i11j1 AGREEMENT THIS AGREEMENT is made and entered into this //* day of r— I;I , 1987, by and between EVERITT ENTERPRISES, INC., as General Partner of Everitt Enterprises Limited Partnership No. 1, hereinafter referred to as "Applicant," and NEW MERCER DITCH COMPANY, a Colorado mutual irrigation company, hereinafter referred to as "Ditch Company." PROJECT The construction of Center Avenue from Shields St. to Prospect Rd. as part of the development of the Centre for Advanced Tech- nology which construction and development will involve the crossing of Ditch Company's irrigation ditch with sanitary sewer line, storm sewer, domestic water line and the installation of a box culvert for vehicular travel and to construct irrigation laterals to provide for continued historic delivery of irrigation water to lands owned by Colorado State University Research Foundation. The legal description of the property involved in the project is described on Exhibit "A." WITNESSETH' WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way therefor through land located as shown on Exhibit "B." WHEREAS, .Applicant desires to construct and install a box culvert and install sanitary and storm sewer lines and domestic water lines, all of which will be within the Ditch Company's right-of-way and within the right-of-way of Center Avenue, with all construction items as detailed in the Exhibits attached hereto and made a part hereof by reference. WHEREAS, Exhibit "B" sets forth all of the plans and speci- fications and terms of this grant, and shall be in no way modified or changed by any subsequent or related plans or materials not included therein; and WHEREAS, the Ditch Company is willing to grant to Applicant this right upon the terms and conditions hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terms of the within Agreement, it is agreed as follows: 1. This Agreement is subject to the written approval by Colorado State University Research Foundation, as to placement and construction of the irrigation laterals, and the approval by the City of Fort Collins as to all construction items. 2. The Ditch Company grants unto Applicant the right to construct, install and maintain the above described items across and under the existing ditch of Ditch Company, and further grants unto the Applicant the right of ingress and egress to a part of its ditch as shall be reasonable and necessary for the exer- cise of the rights granted herein. 3. Applicant will, upon the completion of the project, furnish to Ditch Company an "as built" exhibit further supple- menting in final form the work described in Exhibit "B." Ap- plicant understands and agrees that the fol lowing construction items are shown on the plans but are repeated herein becaue of their specific importance to Ditch Company. these items are, as follows: A. The maintenance right of way along the ditch will be a 12' wide driveway with curb cuts and thickened sidewalks. B. The box culvert will have the capacity to carry 125 cfs and Ditch Company will be furnished with specific certification to that capacity by the Project Engineer. C. The box culvert will be constructed so that its invert elevation is 38.3 as specified on Sheet 34 which Sheet is also designated as Box Culvert Sec- tions and Details. 4. Applicant has previously paid to Ditch Company an appli- cation fee in the amount of One Thousand Five Hundred and No/100 Dollars ($1,500.00). This is determined to be a minimum initial payment to cover preliminary expenses, such as legal work, time and motor vehicles for use by superintendent and/or directors; review of the application; and other preliminary matters. In addition thereto, Applicant agrees to pay for such additional, reasonable and necessary expenses of the Ditch Company for legal services and inspection of the works by the Ditch Company's Presi- dent engineers and/or superintendent. S. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A." Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satisfaction of the Ditch Company. All compaction for dikes shall be done to ninety-five percent (95%) standard Proctor den- sity. The dikes shall be in conformance with the plans for con- struction as furnished. Said work shall further be done under -2- the supervision of the superintendent or other designated agents of the Ditch Company. 6. All construction shall be commenced and completed prior to April 15, 1987, or after October 1S, 1987 and before April IS, 1988. These periods are mandatory, except as may be extended by the President of Ditch Company or other duly authorized repre- sentative of the Ditch Company, and said construction shall in no way interrupt, impede or interfere with the flow of irrigation water, nor shall such construction adversely affect the quality of the water. All construction shall proceed with due care to make certain that no contamination of the irrigation water occurs. 7. Upon the completion of the project, the Applicant shall promptly notify the Ditch Company and City, and the parties shall jointly inspect the ditch at the place of construction. If there are any deficiencies in the work of the Applicant or any variations from the plans set forth in Exhibit "A," the Applicant shall forthwith remedy the same, in so doing, the Applicant shall meet all reasonable requirements of the Ditch Company and City for the protection of the ditch and surrounding property. 8. It is the intent of this Agreement that Applicant shall exercise due care in the construction of said crossing. Accord- ingly, it is hereby recognized by and between the parties hereto that the Ditch Company is in no way responsible for any damages caused by such construction or structure. 9. The projects shall be without cost to the Ditch Company, and the Applicant shall hereby indemnify and forever hold the Ditch Company harmless for liability for damages caused by the project. 10. The Ditch Company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this Agree- ment had not been made, and any expenses caused thereby to the Applicant shall not be chargeable to the Ditch Company. 11. The City agrees that, because of increased maintenance expenses and difficulties occasioned by the location of the cul- vert within the ditch right-of-way, it shall conduct such main- tenance activities to the culvert right-of-way and to the street directly over the culvert as are necessary to facilitate the customary carriage of irrigation water in said section of the ditch. 12. In the event either the Applicant or the Ditch Company shall be in default in any of their covenants herein, so as to require the party not in default to retain counsel to attempt to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action against the defaulting party, -3- the defaulting party agrees to pay all reasonable expenses of said litigation incurred by the enforcing party, including but not limited to docket fees, depositions and reasonable attorneys` fees. 13. Prior to the commencement of construction, Applicant agrees to record, at its expense, a fully executed copy of this Agreement with the Clerk and Recorder of Larimer County, Colorado and furnish such recorded Agreement to the Ditch Company. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS IVHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove writ- ten. ATTEST: Secretary UAry Lk) ac,►d r_C AT Gene E. Fischer, Secretary STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) EVERITT ENTERPRISES, INC., as General Partner of Everitt Entervrises Limited Partnership N By NEW MERCER DITCH COMPANY, a Colorado mutual irrigation company Lou s F. Swift, Presi ent The above and fore oing Agreement was acknowledged before me this 1f7�'- day o ,^i I , 1987, by l 2Id 2. Ho2d?23— asr S�iele,+1 + and attested to by I /. ScccAae.+" as r-4isivont Scene_ rr yof Everitt Enter- -4- 'i-11 Partner of Everitt Enterprises Limited 1p No.. fitness my hand anti official seal. ,,,iy commission exj; %:s: A L) S. (fc, I I c0l cement was acknowleged before 1987, by Louis F. Swift as ,.'esj 'I d at: f)'by Gene E. Fischer as Secretary of )itch piny, a Colorado mutual irrigation company. -z>S MY hand and official seal.- ly commission expires: _2 (S E A L) 1 ABOVE AGR� T A )F FORT COLLINS, a mu- : I -,Xorporation By: Title Title '7','t,,LORADO Appr wTd/��(. orm: ss. Y OF LARIMER s�istan y Attorney 010 above and foregoing Agreement was acknowledged before '11±- day of A 1987, by as (J'+\/ and attested to by /�j k1l C-') i Cc 1< as 0r+v (1'/rrK of The City of Fort Collins, a municipal corporation. Witness my hand and official seal. My commission expires: (S E A L) Notary Public IM, MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOULDER AND THE REGENTS OF THE UNIVERSITY OF COLORADO THIS MEMORANDUM OF UNDERSTANDING entered into the 16th day of December , 1986, by and between THE REGENTS OF THE UNIVERSITY OF COLORADO (hereinafter referred to as "the University,") and THE CITY OF BOULDER (hereinafter referred to as "the City.") RECITALS This Memorandum of Understanding sets forth understandings between the University and the City concerning further � development of a Research Park as part of the East Campus of the University of Colorado at Boulder. This Memorandum of Understanding between the University and the City relates only to the property within the proposed Research Park. The proposed Research :Park Project is within the area bounded by Arapahoe Avenue on the north, Colorado Boulevard on the south, 30th Street on the west, and Foothills Parkway on the east, except that the land North of Boulder Creek and the Smiley Court Housing Development are not part of the Research Park area. The objectives for the Research Park Project are to enhance and expand the research facilities of the University for the benefit of the faculty, students and related entities. The Research Park Project will provide long-term educational and economic :benefits to the University and result in significant economic and social benefits to the City. The City and the University acknowledge the historical and positive :relationship between the City and the University. At