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HomeMy WebLinkAboutCLEAN ENERGY COLLECTIVE RIVERSIDE COMMUNITY SOLAR GARDEN - Filed OA-OTHER AGREEMENTS - 2016-06-09Exhibit "B" _.._ _ UtNities Page 1 Of 1 electric - stormwater wastewater • water City Oj PO Box d Street T Q Box 580 ll ins Fort Collins. CO $0522 Fort Co 970.221.6700 970,221.6619 - tax 970.224.6003 - TOD utilities*kgMcom 1egov.cavnlut1k es LETTER OF COMMITMENT' To: Clean Energy Collective From: Kevin Gertig, Executive Director of Utilities Date: 2 March, 2015 Re: Cost Sharing for Development of the 500 Riverside Community Solar project As one of the City departments with historical responsibility for the parcel on which the proposed community solar projeWSolar Farm" is to be located (500 Riverside, known as the "Pickle Plant Site"),;. City of Fort Collins Utilities ('Utilities") agrees to be responsible for several aspects of the development plan for this site. In the near term (2015), Utilities agrees to be responsible for proposed landscaping In the river habitat buffer area defined between the lease footprint of the solar project and the northwest, portion of the site, as depicted in the Final Development Plan and as specified in the Development Agreement for the community solar project, entered into by and between CEC Solar #1038, LLC and the City of Fort Collins and dated 3 -2-0 -t s . (The lease -holder, CEC Solar #1038, LLC ("CEC"), will be responsible for landscaping only within and immediately adjacent to the lease footprint including the street side of the perimeter fencing, as indicated on the Final Development Plan dated February 10, 2015 and signed by the City of Fort Collins and CEC.) Further, Utilities agrees to provide the incremental funds for the upgrade of the perimeter fencing from minimum building and land use code requirements to meet development objectives of the City related to the Mulberry/Riverside gateway as recorded in the Final Development Plan. This upgrade consists of rigid wire fence panels and comer posts In place of wood rails and posts. (Stone columns immediately adjacent to the fence at locations as depicted in the Final Development Plan are to be separately designed and constructed by the APP artist Robert Tuiley.) CEC will be responsible for $25,000.00 of the total cost relating to fencing on the Pickle Plant Site. Utilities will be responsible to reimburse CEC for all costs associated with fencing on the Pickle Plant Site in excess of $25,000.00. Utilities shall make payment of its portion of costs associated with fencing the Pickle Plant Site to CEC within 30 days of Utllkies` receipt of any invoice therefor. Additional funds will be committed from Utilities contingency fund account (not to exceed $125,000) for fence enhancements meeting City gateway design objectives. CEC and Utilities agree to proceed in good faith to finalize a design within this budget constraint by March 31, 2015. r Kevin �jg- Executive Director of CEC S6f4W038, LLC 15 Date 03 Iaof i S Date ,:`arof t\ Collins LETTER OF COMMITMENT To: Rick Richter, Director of Infrastructure Services From: Kevin Gertig, Executive Director of Utilities Date: March 10, 2015 Utilities electric • stormwater • wastewater • water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 — fax 970.224.6003 — TDD utilities@fcgov.com fcgov.com/utilities Re: Sidewalk Improvements Commitment Letter for Development Project #FDP140027- Riverside Community Solar Garden (500 Riverside Avenue) In accordance with Section 24-95 of the City Code, the City of Fort Collins Utility Department, as Owner of the property at 500 Riverside Avenue, shall fulfill its obligation to construct, or fund the construction of the local portion (4.5 feet in width) of the 10 foot wide multi -use path along Riverside Avenue. The improvements as shown on the Final Development Plans for #FDP140027 shall be constructed at such time as a project is identified to construct the multi -use path along Riverside Avenue. The City of Fort Collins Utility Department's obligation for the improvements shall remain in full force and effect but shall be held in abeyance with respect to the development related activities associated with final development plan application #FDP140027. At such time the City of Fort Collins Utility Department constructs the 10 foot wide multi- use path along Riverside Avenue, as identified in the U.S. 287/S.H 14 Access Management Report and shown on the Final Development Plans for #FDP140027, the department shall be eligible for reimbursement for oversizing the multi -use path from the local portion responsibility of 4.5 feet wide to 10 feet wide, in accordance with Section 24-112 of the City Code. rtig-,WcuTNe Director of 03, 11 . t Date r'-D rector of Infrastructure Services Date City of Fort Collins Operation 7 Services Memorandum Date: December 23, 2013 To: Rick Richter, Director of Infrastructure Services Sheri Langenberger, Development Review Manager Cc: Susie Gordon, Sr. Environmental Planner Ken Mannon, Operations Services Director From: Ethan Cozzens, Facilities Project Manager RE: Integrated Recycling Facility's Street Construction Line Item OPERATION SERVICES Project Management, Planning & Design 300 LaPorte Avenue, Building B P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6610 970.221.6534 • fax FEB 1 d 2014 During the design phase of the Integrated Recycling Facility (IRF), it was discovered that funding would not cover the entire project. As a result of the value engineering process for the job, the job was broken out into two separate phases of construction. Phase one would encompass hard to recycle materials while phase two would be the consolidation of the services that are currently located at the Rivendell site along with hard to recycle materials. Through the planning process, it was decided that the IRF project will need to pay for the Local Street portion of the Timberline Road frontage improvement costs for the site. Due to budgetary concerns, the project is unable to pay for this line item. A temporary solution to this issue, which was proposed by and agreed upon by the staff team (which included Rick Richter/Sheri Langenberger/ Susie Gordon and Real Estate Services), is for Environmental Services to create a "Street Construction" line item in phase two of the IRF project budget and "escrow" $82,500.00 into this account. Once funding for phase two has been identified, this can be used to calculate the costs of the street construction portion of the project. This reconciliation would take place prior to the issuance of a Certificate of Occupancy for the electrical portion of phase two, which is currently estimated to occur in 2016 or 2017. 2'1(0( M Susie Gordon — Environmental Servii1es Date y Linda Smith — E vironm tat Services Director Date ftl Richter— Dire of Infrastructure Services Date Sheri Langenberger -,01evelopm6nt Review Manager Date