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HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY 22ND FILING - Filed OA-OTHER AGREEMENTS - 2004-07-26AGREEMENT This Agreement is executed this /�'4_day of 2003 by and between the City of Fort Collins, Colorado, a municipal corporati ("City") and Colorado State University Research Foundation, a Color o non-profit corporation ("CSURF"). RECITALS A. On September 20, 2002, the City and CSURF entered into a Memorandum of Understanding, a copy of which is on file with the City Clerk of the City (the "MOU"). B. CSURF owns that property described on Exhibit "A", attached hereto and incorporated herein by reference (the "CSURF Property"). Pursuant to the MOU, CSURF agreed to grant to the City certain easements and rights -of -way on the CSURF Property which are needed by the City for the development of its Horticulture Center Project located on approximately 18.05 acres of property adjacent to Centre Avenue within the Centre for Advanced Technology, the legal description for which is set forth on Exhibit "B", attached hereto and incorporated herein by reference (the "City Property"). C. In exchange for the grant of easements and rights -of -way to the City as well as other consideration to be paid by CSURF, the City agreed to designate on the plat for the Centre for Advanced Technology 22nd Filing Community Horticulture Center (the "Plat") two non-exclusive storm drainage alignments (the "Alignments") on the Property, for the construction of certain storm drainage improvements as shown on the Hydrologic Analysis of the Horticulture Center Outfall Channel Report, prepared by Anderson Consulting Engineers, Inc., dated September 4, 2002 (the "Report"), which improvements are intended to serve, and which alignments are intended to provide for and receive storm drainage in connection with, the present condition and future development of the CSURF Property, consistent with the Report, whic:. storm drainage requirements are generally described as: (1) The conveyance of 100 year historic and developed stormwater flows from the CSURF Property through that portion of the historic flow channel located on City Property; and (2) Additional width of a box culvert needed to accommodate developed flows from the CSURF Property. Page 1 of 6 EXHIBIT "C" This plat generally shows certain alignments to document the existence of the alignments for Spring Creek Trail, Water lines, Sanitary Sewer lines, and Storm Drainage, for the benefit of the City of Fort Collins. The depiction of these alignments on this plat is further intended to give general notice to the public of the existence of the alignments and the associated improvements. The City of Fort Collins, prior to conveying its interest in the City Property to any person, shall take note, and, to the extent it determines at that time to be appropriate, reserve from such conveyance an easement or right-of-way or other interest in land sufficient to reserve a right for the continued existence, operation, maintenance, repair and, if necessary, enlargement of said alignments and improvements. More particularly, this plat shows certain designated storm drainage alignments, within which certain storm drainage improvements are intended to be constructed (the "Storm Drainage Alignments"). The improvements to be constructed within the Storm Drainage Alignments are as shown on and shall be constructed in accordance with Hydrologic Analysis of the Horticulture Center Outfall Channel Report, prepared by Anderson Consulting Engineers, Inc., dated September 4, 2002, a copy of which is on file and of public record in the Office of the City Clerk of the City (the "Storm Drainage Improvements"). The Storm Drainage Improvements are intended to serve, and the City has agreed will serve that certain Property, both in its present condition and its fully developed condition, owned by Colorado State University Research Foundation ("CSURF"), the legal description of which is: All the land presently owned by Colorado State University Research Foundation lying northwest and west of the northwesterly and westerly right-of-way line of Centre Avenue and located north of the centerline of the Larimer No. 2 Canal in Section 23, Township 7 North, Range 69 West of the 6th Principal Meridian in the City of Fort Collins, County of Larimer, State of Colorado. The above -described land is subject to all existing easements and rights -of -way of record or in place (the "CSURF property"). CSURF's interest in the above -described Storm Drainage Alignments and Storm Drainage Improvements are the subject of an agreement between CSURF and the City regarding said parties' respective rights and obligations in connection with the same, together with other terms and conditions related to this plat, and CSURF's interest as described therein and shown on this plat shall be effective upon the recordation of said agreement in the public records of the Clerk and Recorder of Larimer County, Colorado. Pursuant to such agreement the City, among other things, (i) shall have the right to repair, replace, enlarge and/or relocate the Storm Drainage Improvements, provided that such improvements continue to accommodate the stormwater from CSURF Property as intended, and (ii) shall, prior to conveying its interest in that portion of the platted property constituting the Storm Drainage Alignments, reserve from such conveyance, an easement or right-of-way or other interest in land sufficient to preserve a right for the continued existence, operation, maintenance, repair and, if necessary, enlargement of the Storm Drainage Improvements. EXHIBIT "D" ESTIMATED COSTS FORT COLLINS HORTICULTURAL CENTER 6-May-02 COST COMPARISON FOR LEVELS OF DRAINAGE DEVELOPMENT UNIT EXTENDED ITEM QUANTITYJ UNIT COST COST HISTORIC FLOWS IMPROVEMENTS 15" BOX CULVERT 120 LF $ 300.00 $ 36,000.00 CONCRETE HEADWALLS 2 EA $ 7,000.00 $ 14,000.00 30" HORIZONTAL ELLIPTICAL PIPE 120 LF $ 90.00 $ 10,800.00 HEADWALLS FOR 30" PIPES 2 EA $ 2,500.00 $ 5,000.00 TOTAL COST $ 65,800.00 10% Contingency $ 6,580.00 TOTAL COST WITH CONTINGENCY $ 72,380.00 IMPROVEMENTS TO UTILITIES TO MEET DEVELOPED FLOWS AS CALCULATED BY ANDERSON CONSULTING, INC. DOUBLE 15" BOX CULVERT 240 LF $ 300.00 $ 72,000.00 CONCRETE HEADWALLS 2 EA $ 10,000.00 $ 20,000.00 30" HORIZONTAL ELLIPTICAL PIPE 240 LF $ 90.00 $ 21,600.00 EXPANDED HEADWAILLS FOR 30" PIPES 2 EA $ 3,000.00 $ 6,000.00 TOTAL COST $ 119,600.00 10% Contingency $ 11,960.00 TOTAL COST WITH CONTINGENCY $131,560.00 ADDITIONAL COST TO HISTORIC FLOWS $ 59,180.00 D. On November 5, 2002, the City Council of the City adopted on final reading Ordinance No. 153, 2002, authorizing the disposition of certain interests in real property in connection with the Horticulture Center Project and specifically authorizing the City Manager to include the Alignments on the Plat and to execute and record any additional documents required to establish an interest in the intended uses of the Alignments for the benefit of the CSURF Property. NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Designation of Alignments. The Alignments have been designated on the Plat as "Storm Drainage Alignments", along with an accompanying notice in substantially the form set forth on Exhibit "C", attached hereto and incorporated herein by reference. The City hereby expressly acknowledges and agrees that the Alignments, as designated on the Plat, are for the non-exclusive benefit of the CSURF Property and that the City shall take no action as owner of the City Property that would impair or interfere with the intended use of the Alignments in accordance with the Plat or this Agreement without the express written consent of CSURF. The intention and purpose of the parties in designating the Alignments, and in this Agreement, is to create a permanent property interest in the owner of the CSURF Property for the non-exclusive use of the Alignments for the purposes stated herein Nothing herein shall be construed as limiting the ability of the City to use the Alignments for public storm drainage purposes to the extent such public use is compatible with the property interest of CSURF in the Alignments. 2. Sale of City Property/Reservation of Easements. This Agreement is intended to create a perpetual nonexclusive property interest in the owner of the CSURF Property for the use of the Alignments in the manner set forth herein. The parties acknowledge and agree that this Agreement and the property interest created herein is appurtenant to and shall run with the CSURF Property and the City Property. The City agrees to reserve from any conveyance of the City Property such additional easement, right- of-way or other interest in land sufficient to preserve right for the continued existence, operation, maintenance, repair and, if necessary, enlargement of the "Improvements", as defined herembelow. 3. Dedication of Easements/Rights-af--Way. The easements and rights of way required in the MOU to be dedicated to the City by CSURF shall be executed and recorded concurrently with the execution and recording of this Agreement. 4. Improvements within Alignment. 4.1 Stormwater Improvements. The City shall design and install stormwater improvements in connection with its development of the Horticulture Center which are sized to accommodate both historic and developed stormwater flows from the CSURF Property onto the City Property, as more specifically described and shown in Construction Documents for 'Gardens on Spring Creek AKA Community Horticulture Center, prepared by EDAW, Inc., and dated December 12, 2002 (the "Improvements"). Upon completion of construction of the Improvements in accordance with the approved design therefor, CSURF shall pay the City the sum of Thirteen Thousand Nine Hundred and Six Dollars ($13,906) for design costs incurred by the City in oversizing the Improvements to accommodate additional flows from the CSURF Property beyond the 100 year historic flows. At such time CSURF shall also pay the actual construction costs, presently estimated to be Fifty Nine Thousand One Hundred and Eighty Dollars ($59,180), incurred by the City in oversizing the Improvements to accommodate additional flows from the CSURF Property beyond the 100 year historic flows. CSURF's share of the costs of construction shall be based upon the actual costs of construction, and apportioned as the "additional cost to historic flows" is apportioned based on estimated costs, as shown on Exhibit "D", attached hereto and incorporated herein by this reference. 4.2 The City, at its sole cost, shall have the right to repair, replace, enlarge and/or relocate the Improvements within the Alignments provided that the Improvements as changed, continue to accommodate the historic and developed stormwater flows from the CSURF Property. 5. Reimbursement of Certain Costs for Rolland Moore Drive. The City intends to design and construct the full width of Rolland Moore Drive to current City collector standards from Centre Avenue to the beginning of the temporary turnaround shown on the Plat. CSURF agrees to reimburse the City for one-half of the actual design and construction costs incurred by the City for the local street portion of the above -described segment of Rolland Moore Drive, in accordance with Section 24-95 of the City Code. Such reimbursement shall be due prior to recei't of the first building permit for construction on the CSURF Property, and the reimbursement due shall be adjusted for the effects of inflation from the date of completion of the road improvements based upon the construction cost index for Denver, Colorado, as published monthly by the "Engineering News Record." Upon full completion of the road improvements project, the City shall provide to CSURF a written notice detailing the costs of completion. 6. Miscellaneous. 6.1 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 6.2 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 6.3 Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid to the addresses of the parties herein set forth. All notice by hand -delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon confirmation of receipt of such transmissions, provided a hard copy is mailed the same date. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party, by notice so given, may change the address to which future notices shall be sent. Notice to CSURF: Kathleen Henry Colorado State University Research Foundation P. O. Box 483 Fort Collins, CO 80522 Notice to City: Ron Mills Real Estate Services Manager City of Fort Collins 117 N. Mason Street Fort Collins, CO 80524 With a copy to: Carrie Daggett City Attorney's Office City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: CITY OF FORT COLLINS, COLORADO, a municipal corporation By: City Manage ATTEST: By:a .. City Clerk APPROVED AS TO LEGAL FORM: l By: - ,4a_ City Attorney COLORADO STATE UNIVERSITY RESEARCH FOUNDATION, a Colorado non-profit corporation Kathleen Henry, STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing Agreement was acknowledged before, me this & day of 2003, by ,� �� City Manager for the City of Fort Collins, Colorado, a mu cipal corporation. WITNESS my hand and -official seal. - 7 �'iCii A. �` ��.� Li MESA ,,Nbtary Public �fMy commission expires: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) ti The foregoing Agreement was acknowledged before me thisLL day of 20035 by Kathleen Henry, President of Colorado State University Research F ation. WITNESS my hand and official seal:­`-,�— Notary Public----- i� My commission expires: Q � _ EXHIBIT "A" CSURF PROPERTY All of the land presently owned by the Colorado State University Research Foundation lying northwest and west of the northwesterly and westerly right-of-way line of Centre Avenue and located north of the centerline of the Larimer No. 2 Canal in Section 23, Township 7 North, Ranch 69 West, of the 6th Principal Meridian in the City of Fort Collins, County of Larimer, State of Colorado. The above described land is subject to all existing easements and rights -of -way recorded or in place. EXHIBIT "B" KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being all the Owners and Proprietors of the following described property; DESCRIPTION: A tract of land consisting of a portion of Tract C, Windtrail Townhomes P.U.D., First Replat and a portion of the Northeast Quarter of Section 23, all located in the North Half of Section 23, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the west line of the Northeast Quarter of said Section 23 as bearing South 00016'54" West and with all bearings contained herein relative thereto: Commencing at the North Quarter Corner of said Section 23; thence along the west line of said Northeast Quarter, South 00*16'54" West 1462.44 feet to the POINT OF BEGINNING, said point being on a non -tangent curve concave to the north, having a central angle of 17007'42", a radius of 50.00 feet, and a chord which bears North 65' 17'14" East 14.89 feet; thence along the arc of said curve 14.95 feet to the beginning of a reverse curve concave to the south, having a central angle of 44°23'00", a radius of 250.00 feet, and a chord which bears North 78054'53" East 188.85 feet; thence along the arc of said curve 193.66 feet;thence South 78053'37" East 101.76 feet; thence North 77'15'49" East 165.46 feet to the beginning of a curve concave to the south, having a central angle of 17044'53", a radius of 300.00 feet, and a chord which bears North 86008'16" East 92.56 feet; thence along the arc of said curve 92.93 feet; thence South 84*59'17" East 21.36 feet; thence North 55°27'35" East 20.69 feet; thence North 25016'37" West 22.84 feet to the beginning of a curve concave to the east, having a central angle of 56014'33", a radius of 150.00 feet, and a chord which bears North 02°50'39" East 141.40 feet; thence along the arc of said curve 147.24 feet; thence North 30057'56" East 140.40 feet to the beginning of a curve concave to the southeast, having a central angle of 16°44'05", a radius of 300.00 feet, and a chord which bears North 39°19'58" East 87.31 feet; thence along the arc of said curve 87.62 feet; thence North 47042'00" East 89.30 feet to a point on the west right-of-way line of Centre Avenue; thence along said west right-of-way line by the following three (3) bearings, distances and curves: (1) South 14°08'25" East 321.70 feet (2) to the beginning of a curve concave to the northwest, having a central angle of 560 58'57", a radius of 866.00 feet, and a chord which bears South 14°21'03" West 826.21 feet; thence along the arc of said curve 861.27 feet; (3) thence South 42050'32" West 477.95 feet to the beginning of a curve concave to the north, having a central angle of 90°00'00", a radius of 5.00 feet, and a chord which bears South 87°50'32" West 7.07 feet; thence along the arc of said curve 7.85 feet; thence North 47°09'28" West 62.94 feet to the beginning of a curve concave to the southwest, having a central angle of 03°57'55", a radius of 589.00 feet, and a chord which bears North 49008'25" West 40.76 feet; thence along the arc of said curve 40.76 feet to the beginning of a compound curve concave to the southwest, having a central angle of 12°29'53", a radius of 378.00 feet, and a chord which bears North 57°22'20" West 82.29 feet; thence along the arc of said curve 82.45 feet; thence North 63037'16" West 45.66 feet to the beginning of a curve concave to the southwest, having a central angle of 21 °38'09", a radius of 584.00 feet, and a chord which bears North 74026'21" West 219.22 feet; thence along the arc of said curve 220.53 feet; thence North 30°17'59" East 142.14 feet to a point on said west lying of the Northeast Quarter; thence along said line, North 00°16'54" East 662.03 feet to the POINT OF BEGINNING. The above -described tract of land contains 18.050 acres more or less. The undersigned have caused the above -described land to be surveyed and subdivided into lots, tracts, streets and easements as shown on this plat to be known as " CENTRE FOR ADVANCED TECHNOLOGY 22ND FILING, COMMUNITY HORTICULTURE CENTER " subject to all alignments easements and rights of way now on record or existing or indicated on this plat. CERTIFICATE OF DEDICATION: The undersigned does hereby dedicate and convey for public use, in accordance with applicable city policies and standards, forever, the public utility and emergency access easements as laid out and designated on this plat.