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HomeMy WebLinkAboutMARKET PLACE PUD - Filed OA-OTHER AGREEMENTS - 2003-12-17AGREEMENT THIS AGREEMENT is made and entered into this 01��" day of November, 19,�6.', by and between THE CITY OF FORT COLLINS, COLO- RADO, a municipal corporation (City), and COLLINS PARTNERS, LTD., a Colorado limited partnership (Collins). W I T N E S S E T H: WHEREAS, Collins is the owner of the Market Place P.U.D., a planned unit development located in the City of Fort Collins, Colorado; and WHEREAS, the Market Place P.U.D. is divided into three lots; and WHEREAS, the City and Collins desire, by this Agreement, to stipulate as to the storm drainage fees to be applied to Lot 3; and WHEREAS, Collins desires, as a part of this Agreement, to remit to the City the storm drainage fees allocated for Lots 1 and 2 (to the extent that fees have not already been paid with respect to lot 2). NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and. adequacy of which are hereby acknowledged, the parties agree as follows: 1. That, portion of the Market Place P.U.D. as shown on the plat thereof and identified as "Troutman Parkway" shall not be included in the area of property for the purpose of calculating storm drainage fees. 2. Collins remits herewith its payment in the sum of Seventeen Thousand Six Hundred Sixty-two and 39/100 Dollars ($17,662.39) in payment of all storm drainage fees allocated to Lot 1 of the Market Place P.U.D. and all storm drainage fees which have not yet been paid to the City for Lot 2 of the Market Place P.U.D. 3. Collins and the City agree that the storm drainage fees which shall. be applied to Lot 3 of the Market Place P.U.D. shall be in the sum of One Thousand Nine Hundred Thirty-two and 96/100 Dollars ($1.,932.96). The aforesaid sum is based upon the imper- vious surface as shown on the final site plan for the Market Place P.U.D. dated June 30, 1989, and is based upon presently established storm drainage fees as set forth in the Code of the City. If the storm drainage fees should change in the future, BJAGII 10/09/85 STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged and signed before me this day of (5�,�- � , 1985, by John Edward Hayes II, as General Partner of TROUTMAN PARTNERSHIP, a Colorado general partnership, on behalf of the partnership. Witness my hand and official seal. My Commission expires: G1/->1F, Notary Public STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged and signed before me this ((4-4n day of CDCAp A-e , 1985, by William K. Strickfaden, as General Partner of FORT COLLINS ASSEMBLAGE, LTD., a Colorado limited partnership, on behalf of the partnership. Witness my hand and official seal. My Commission expires: -pLC�'->o, �qvs XJa wd/ta� 0�6. I&L4 C'k Notary Public 0 EXHIBIT "A nII 0I m �I <I m z CII m 13B,554 SO. FT. 88,685 SO. FT. 195,122 50. FT 90,628 SO. FT. 183,962 iO.FT 92,796 SO. FT. 271,422 HRRMONY ROAD m RCPTN # /89 12:24:32 # OF PAGF^ 2 FEE - S10.00 M. RODENBh;n,,_ b-11 - LARIMER COUNTY CO STATL tC FEE- S.0P -QO SITE AND LANDSCAPE COVENANTS FOR Situate in the 5C4rOrtJ 36 7 CVAS�t if 7 �or4-h 1 �avi� �9 0 �l� 61��. City of'Fort Collins, County of Larimer, State of Colorado The undersigned, fee owner of MA-,eK&_7_ Pt,1-ems F 0 (Z) P.U.D. (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 specifics 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 guaran- teeing that the Property will be developed and landscaped initially 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 conservation 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 construc- tion, the owner shall cause the property to be developed according to the sit -- and landscape plan submitted to and approved by the City of Fort Collins. It is further understood and agreed that the owner of the Property, or it's assigns or successors in interest shall be responsible for the maintenance anc 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 utilized for buffering energy conservation or other site amenity. Should the owner fail in any respect to comply with the terms of this 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 Latimer 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 neccssary 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 billing is not paid, then the City of Fort Collins pursuant to the authority 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; provided, however, that the City of Fort Collins shall not have a lien against C:',TY OF KY�T any single-family lots and improvements thereto within the propern, if applicable. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for cnforcc- ment 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 coiled 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 w ��n the Protective Covenants for the real property platted as "The lmlke�_ /� Cce P.U.D." which real property shall include the property subject to these Covenants. DATED this 2 day of 19k �, . Owner '!title Managing General Partner -A—TYrST: Fort Collins Assemblage Ltd. STY By: STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 19 by i. L as and as Secretary of My Commission expires: Witness my hand and official seal. etAI H No/MP/Side: 287/342.625/R—E COLORADO DEPARTMEN , OF HIGHWAYS .,cal Jurisdiction: Fort Collins Dist/Section/Patrol: 04/01 /04 STATE HIGHWAY ACCESS PERMIT DOH Permit No.: 489074 SHMW:Larry Jungmeyer (493-1463 between 7:45-8:30 a.m.) Permit Fee: N/A Date of Transmittal:9/19/89 THE PERMITTEE; Fort Collins Assemblage Ltd. 125 Palmer Drive Fort Collins, CO 80525 (303) 225-0545 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agentsand employeesshall be held harmless against any action for personal injury or property damagesustained by reason of the exerciseof the permit. LOCATION: Access is to be located on State Highway E.287, a Distance of 560 Feet North from Mile Post 342.526 on the Right or East side. ACCESS TO PROVIDE SERVICE TO: Retail Shopping Center of 94,000 s.f. (The Market Place P.U.D.) OTHER TERMS AND CONDITIONS: 1. This permit is only for the use and purpose stated in the Application and Permit. A change in use of the property which results in a change in the type of driveway operation may require reconstruction, relocation, or conformance of the driveway to the Access Code. 2. This driveway is limited to right turns ONLY. Left turns are NOT approved. 3. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any con— struction element fails within two vears due to improper construction or material specifications, the permittee is responsible for all repairs. See Design Attachment "Exhibit A" (attached) MUNICIPALITY OR COUNTY APPROVAL Required onl w en the appro ate local authority retai s iss In authority. By (X) Date � Titleclopmept Sessd=not es Upon the signing of this permit theerlinittee agrees to t e terrihs and conditions and referenced attachments contained herein All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify City of Fort Collins Engineering Ins pection—DiviGf cn t�42iKtH6xg2ilbEt4liid YxxXxxxxxxxxxxxxxx xxxxxx at 221-6FC9 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all it's terms and conditions... pq Permittee (X)f1G, x.— __ — _ Date-/`�'d_[-- This permit is not valid until signed by a duly authorized representative of the State Department of I Cghvays. STATE OF COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVENGER, CHIEF ENGINEER By (X) 0_ ti /LJ'LYt,�w Date-2 - - 9 - ?9 Title,=J-- (� (Date of issue) COPY DISTRIBUTION: aegwreo, Make copies as necessary for: Previous Ed, -ions arc Obsolete and v ill not be uses 1 Dislnct IOnginal) Local Authority Inspector DOIfForm 101 2 App,icmt %%TOE Patrol T�elhc Engineer 9/85 The following paragraphs are partiner Ighlights of the State Highway Access Code.' use are provided for your convenience but do not alleviate compliance with all s ans of the Access Code. A copy of the State i uway Access Code is available from your local Issuing authority (local government) or the State Department of Highways (Department). When this permit was Issued, the Issuing authority made Its decision based in part on information submitted by the applicant, on the access category which Is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be tiled with the Colorado Highway Commission within 60 days of transmittal ofthe permitter permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may Include recommendations by the permittee or applicant that would be acceptable to MCI 2. The Department may consider arty objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval ofthe local issuing authority (if applicable), may revise the permit accordingly, or Issue a new permit, or require (he applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, lithe permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. It Construction standards and requirements 1. The access must be under construction within one year of the permit date.However, under certain conditionsa one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permitat least 48 hours oriortoconstruction. Acopyofthe permitshall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-oi-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction ofthe access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and Included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. It any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence. the posts on either side of the access shall be securely braced with an approved end post before the fence Is cut to prevent any slacking ofthe remaining fence, All postsand wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy ofthe permit shall be available for review at theconstruction site. If necessary, minorchanges andadditions shall be ordered by the Department or local authority field inspector to meet unamicipated site conditions. 7, The access shall be constructed and maintained in a mannerthat shall not cause water to enter onto the roadway, andshall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities forthe construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformancewith the Manual on Uniform Traffic Control Devices for Street:. and Highways. This may include the use of signs, flashers, barricades and flaggers.This is also requuedby section 42-4-501, C. R. S. as amended The issuing authority, the Department and their duty appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations 1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the ex sting access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are: an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review tie original permit, it may decide it sadequate or request that you apply fora new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used In violation of the Access Code, thelocai government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information _ 1. When the permit holder wishes to make Improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement Denial does not revoke the existing access, 2. The permittee. his heirs. successors -In -Interest and assigns, ofthe property serviced by theaccess shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts underthe access which are part of that system within the right-of-way.- 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may. when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30. 1979, may be required by the Department, with written concurrence of the appropriate local authority. to oe reconstructed or relocated to conform to the Access Code, either at the property owner s expense it the reconstruction or relocation IS necessitated by a Change in the use of the property which results in a change In the type of driveway operation: or at the expense of the Department if the reconstruction or relocation is necessitated by changes in reap or !r=_fhc conditions. The necessity for the relocation or reconstruction shall be determined by reference 10 the standards se,'crth in the Access Code. STATE HIGHWAY Design Attachment "Exhibit A" 1. Driveway shall be constructed 30 feet wide with 50 foot and 75 foot radii. As shown on Exhibit "B" 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Surfacing shall consist of 6" thick concrete and shall extend at least from the highway traveled way to the right-of-way and shall be constructed to comply with the City of Fort Collins "Design Criteria and Standards for Streets." 4. Compaction of the embankment shall comply with City of Fort Collins "Design Criteria and Standards for Streets." 5. Speed change lane shall be provided according to Exhibit "B." 6. The horizontal. axis of the access shall be at a right angle to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 7. If frost is present in the sub -grade, no surfacing material shall be placed until all frost is gone or removed. 8. Owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. 9. Construct handicap ramps at the intersection of sidewalks and curbs according to Attached Plan. 10. Drainage to the State Highway right-of-way shall not exceed the historical flow. 11. Construction of this driveway shall conform to the attached plan and City of Fort Collins standards and specifications. 12. Highway striping, if rd.4, shall be done by the Permittee. 13. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR. DEPARTMENT OF HIGHWAYS - ST - OF COLORADO ce of acceptance by APPLICATION FOR ACCESS PERMIT Issuing Authority INSTRUCTIONS: Complete this form and attach all necessary documents prior to submitting it to the issuing authority. Check with the issuing authority for what plans and other documents are required to be submitted with your application. Contact the nearest office of the Department of Highways or your local government to determine the issuing authority. Some questions may not apply to you. Contact the issuing authority if you have any questions. Please Print L Applicant Name Address - I' 2, Property Owner (Permittee) Name o Address 3. Address of Proper to be served by Permit (if it has an r n.-,max. Phone City _ State Zip Phone City 1 -' r' ' State Zip 4. Legal description of property Subdivision , Block , Lot County - '1 4 1 Ff t 0-Section !,p , Township 7 U , Range !e 9 14- 5. The requested access would be located on the 6FA6 t' side of State Highway ;;—,R l a distance of u approximately -�_ � _feet_ (N.S.EW.) from milepost Precise location of the proposed access ' Ci may be illustrated on plans or maps. The applicant expects to begin construction on or about (Dale). 6. Is there existing access to the property? Yes No It so, show on plan. Do you presently have an access permit? Give permit number . Do other existing or dedicated public streets,roads, highways or accesseasements abut the property? Yes No List them or show on plans. 7. For commercial and industrial requests answer the following: a. How many businesses will be served? - b. What types of business will be served and what is the floor area square footage of each. , ,;L ONE GT/f r L 8. For an agricultural field acres,, how many acres will the access serve? t / 9. For residential development provide typels), e.g. detached single family, apartments, townhouses, and number of dwelling units to be served. 10. Provide m estimated traffic count for each vehicle type that will be using this access. Leaving property then returning is two counts. Please check box according to type of estimate used: Average dailyy _, Average weekday peak hour other, specify Number of passenger cars Z / Multi unit trucks Vehicles in excess of 30 feet .,;n i.?A Farm vehicles Vehicles in excess of 30,0001bs. G.V.W. Other, (specify) 11, The following documents may be required by the Issuing Authority to complete their review of the application, submitted plans should be no larger than 24" x 36 a. Highway and driveway plan and profile. b. Complete drainage plan showing impact to the highway right-of-way. c Map and letters detailing utility locations before and after development in and along the right-of-way of the highway. d- A subdivision zoning or development plan. e. Property map Indicating other access and abutting public roads and strcets_ f. Proposed access design. g. Parcel and/or ownership maps including easements. h- Signing and Stripping plans- 12. Applicant is requesting a; permanent access temporary _____, or improvement to existing access If an access permit is issued pursuant to this application, the terms and conditions of the permit shall be based in part upon the information provided by the applicant. Changes in the use of the permitted access that are not consistent with the terms and conditions of the permit or this application may be considered a violation of the permit. The applicant hereby declares that all information provided on this form and any submitted attachments(s) for the purposes of obtaining an access permit are to the best of his knowledge correct and complete. Providing false information to a government agency is punishable as perjury in thesecond degree, as well as being punishable underany other applicable state or federal laws. SIGNATUREf%) Relationship to property. (owner? lessee? please specify.) DATE Since an approved access becomes an important and integral part of the property,we requirethat when theapplicant is not the surface rights owner of the property, this application must also besigned bvthe surface rights owneror his legally authorized representative (or other acceptable written evidence) concurring in this application. If a permit is authorized, the property owner will be listed as the permittee. The authorized access permit may be recorded in the county of record. ,d Property Owner (x) Date DOH Form No. 137 Rev.lune,1985 DEPARTMENT OF HIGHWAYS SHIIW:Larr• lungmeyer (493-1463) e HighwayNo/M 287/342.625/F. Local lunsdiction STATE OF COLORADO : City of Ft. Collins DIVISION OF HIGHWAYS 04/01/04 DOH Form No. 172 Dist/Section/Patrol Rev. September, 1984 Permit No. (if approved) 489074 VARIANCE FROM THE STATE HIGHWAY ACCESS CODE WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this variance request. Documents verifying statements may be requested or should be provided with request. State specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If variance is temporary, state conditions which will change allowing the access to conform to the access code. If a date is known when conformance can be achieved, provide that date. T41S ZE006ST !S LOK A VkCIgOCG )=cg >lfG GOCA7r011 or— TCrrL= /LI�fFT—lVIKfGEJ?-GuT Acc�sS 70 /�rlIltC �iA�2KCT f�ACG�.V�. Q1)AD,2AUC 0 C04_L6(3G 1%0u7,A1QN) /ail )c2r TqG Soun4 0_oLLGCcG- /-IVE.UUL3 XccL'SS CO3Vi20L Srvpy SidowS TINS XCCESS 470 ,c-G-r ,Vo2TN of Tovr,t.f,v.u. bvL P2oPose-b NO.erd OP A L o u G.Gg QCTC.ECC2AT10­v i4 c.C. &-SE IS 60 icEET PjZoPosc=D 6.0GAT16AJ 4-J14-L— PTROVtDC L.Aljc; At,0/JGt A%1&-k)V%r THIS FORM SUBMITTED BY = C`�^yam tG DATE J ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. 2. Recommendation of local government authority. When local government has issuing authority, this recommen- dation must be signed by an authorized official. 3. Recommendation of the District Traffic and Safety Engineer: /l Ecoi,q,sr eaz � %7,0/Jl'Ovcc.. /III /�1u � � � Ni J t�i- � . - • j. III (X) Date 4. Recommendation of the Section Maintenance Superintendent: Date 9 FINAL ACTION TAKEN BY THE DISTRICT ENGINEER: Having reviewed t l/rte�lrequest and all materials attached, I hereby: APPROVE(X) _ DENY(X) this request for variance from the standards of the State Highway Access Code. Date White copy - Dist. Permit files Canary nDv - Staff ROW DEPARTMENT of HIGHWAYS SHMW: Lar Jungmeyer (493-1463) a Highway No/Mp/side •Gz STATE OF COLORADO Local Jurisdiction r�rT- c I I i1, DIVISION OF HIGHWAYS Dist/Section/Patrol 04/01/04 DOH Form No. 112 489074 Rev. September, 1984 Permit No. (if approved) VARIANCE FROM THE STATE HIGHWAY ACCESS CODE WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this variance request. Documents verifying statements may be requested or should be provided with request. State specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If variance is temporary, state conditions which will change allowing the access to conform to the access code. if a date is known when conformance can be achieved, provide that date. TlliS IZEC20&-S7" %s 4�v HTlOti ANf� 6CCI.C-F AeG6GE,C4T/01u^ LAvC--S 4-r A P,eoPvsc-D QIGitT-/A!lelGtf'r-ovr ACCESS O.0 S. COLL¢?G Fi �FVGIl fJ6 l v FoleT J OL-L-t MS.. THig ACC GAS IS COGATCD APPI�Ktl2ATELy �%� r-L-&-r V0,12TU of ?42kWrfY• A StT6 ACCOS!s s'ruDY IS A-17-17ACi46D. l/fe sPcerFre sEC-rro•vs P901A Wi'EIei4 Td4s VAr-IA•vCG Is )2E6)(JESTFp AeE: 4,7. 3 Acca&C-I ,li LA.uC= Fog Oils wr 7DAA-;;�uCc V,CwrcLEs kub ¢.$. LA,06' LOWGTrt. W& ✓A2rA-0c4F- TO 4.1.3 /s 2(QueSrC-D o.0 A, Ar-biexIll FAs's vuTIL TWG' LAUD -ro TIEE ,VoKT6l of Tt+G /-f,t2fcBT ACC> %S DEveLoAcD, Tiff jzgdau(P-GD D6rCeLL',eAT10rtI LA.; ��.�5,'1 FOB TCfr RIGI�T-IAJ Is 2`7> FEET Pz_uS f40 FEET of -rAer=P- . T AVArLA1 4_0 pis-rA/jCG IS 28o FEET PLUS 14o FGET or= TAPEr , /U[S Access 1-3 ,2acoHNGA-)DI3D /AJ T11 cSOOT COCL8Gr3 IQveiuuGr Ace� doeiT/ZOL Z.AN. THIS FORM SUBMITTED BY /f Lc" DATE��WT ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. 2. Recommendation of local government authority. When local government has issuing authority, this recommen- dation must be signed by an authorized official. 'W 41 (X��Z Date 3. Recommendation of the District Traffic and Safety Engineer: (X Date 9 zo 4. Recommendation of the Section Maintenance Superintendent: (XY���j Ear Datep FINAL ACTION TAKEN BY THE DISTRICT ENGINEER: Having reviewed�yj�/A ri e request and all materials attached, I hereby: APPROVE(X) DENY(X) this request for variance from the standards of the State Highway Access Code. Date _/4�- White copy - Dist. Permit files Cnnary rnnc - Ctaff RO`N the fee for Lot 3 shall be adjusted proportionately. Further, if the area of impervious surface should change from that which is shown on the said site plan, the fee may be adjusted in propor- tion to the change in impervious surface. 4. This Agreement shall be binding upon the parties, their heirs, successors, representatives and assigns, and shall be deemed to run with the property known as the Market Place P.U.D. in the City of Fort Collins, County of Larimer, State of Colo- rado. 5. This Agreement constitutes the entire understanding of the parties hereto with regard to this subject matter hereof and may be amended only by subsequent written agreement of the parties. IN WITNESS WHEREOF, this Agreement is executed the day and year first above written. ATTEST: City Cl AS TO FORM: torney STATE OF COLORADO ) ) SS. COUNTY OF EL PASO ) THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Z_6� C'dCity Manager COLLINS PARTNERS, LTD. A Colorado Limited Partnership By: South Collins a Colorado General Partnership General Plartner Acknowledged before me this 8th day of November, 1989 by Jay Rosenbaum, Lis General Partner of South Collins, a Colorado General Partnership, as General Partner of Collins Partners. Iiiy Commission expires: 11-21-91 ,)e' a 101 N. 'ascade, Ste 400 Colora o Springs, CO 80903 110389/whm/collins.agr - 2 - MGAG11A 10/16/85 ROAD CONSTRUCTION AGREEMENT THIS ROAD CONSTRUCTION AGREEMENT ("Agreement"), which shall be effective as of the latest date of execution by any party hereto, is between TROUTMAN PARTNERSHIP, a Colorado general part- nership ("Purchaser") and FORT COLLINS ASSEMBLAGE, LTD., a Colorado limited partnership ("Seller"). RECITALS A. Purchaser is currently the contract purchaser of sever- al parcels of real property in the County of Larimer, City of Fort Collins, Colorado for the purpose of assembling and con- structing upon such parcels a shopping center (the "Shopping Center Parcel"). The Shopping Center Parcel is roughly as shown on Exhibit A, which is attached hereto and incorporated herein by this reference. B. Subject to the following sentence, Seller is the owner of that certain parcel of real property, which is adjacent to the Shopping Center Parcel, and which is shown on Exhibit A as the "Seller Parcel.". A portion of the Seller Parcel is, as of the date of execution hereof, encumbered by an undivided fifteen percent (15%) interest in the fee by a third party (unrelated to the transaction). Seller shall endeavor to acquire that 15% undivided interest. C. In order to facilitate access, and to benefit both the Shopping Center Parcel and the Seller Parcel, Purchaser and Seller desire to construct, at their mutual expense as hereafter provided, a portion of a road, roughly as shown (cross -hatched) on Exhibit A as "Troutman Parkwav". D. To accomplish the construction of the road, Seller desires to grant Purchaser (subject to Article V) the appropriate easements to allow Purchaser to commence and prosecute construc- tion, the cost of which is to be paid by Purchaser and Seller jointly. After completion of the construction, Purchaser shall commence and prosecute all acts necessary, with Seller's full cooperation, to assure the proper dedication of the road and the real property upon which the road is constructed to the City of Fort Collins; Purchaser will compensate Seller for the value of the real property so dedicated, as hereafter provided. NOW, THEREFORE, in consideration of the mutual promises con- tained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby confessed and ac- knowledged, Purchaser and Seller agree as follows: ARTICLE I EASEMENT 1.1. Subject to Article V, Seller hereby grants to Purchaser a perpetual, non-exclusive easement over, under and across the parcel of real property roughly shown on Exhibit A (cross- hatched) as "Troutman Parkway", which parcel is legally described on Exhibit B, which is attached hereto and incorporated herein by this reference ("Road Parcel"). The easement shall be for the purpose of construction by Purchaser of a permanent road (the "Road"), including any and all curbing, utility, water and sewer lines, grading or regrading and pavement, all as may be deemed necessary by ]Purchaser or any governmental authority having jur- isdiction over the Road upon dedication as provided in Ar- ticle III. Said easement shall also be for the purpose of in- gress and egress of automobile and pedestrian traffic along the y EXHIBIT BJAGII 10/09/85 Road in order to facilitate access by Purchaser's tenants, invit- ees customers and permittees to the Shopping Center to be con- structed by Purchaser on the Shopping Center Parcel. 1.2. Subject to Article V, Seller hereby grants to Pur- chaser, Purchaser's contractor, materialmen and workmen an unre- stricted, non-exclusive easement over the strip of real property abutting the Road Parcel on the north for a width of 150 feet, for construction and maintenance as shall be reasonably necessary to construct and maintain the Road pursuant to Section 1.1. Said easement may be utilized by vehicles transporting construction materials and equipment and by persons employed in connection with any construction work provided for herein, including tempo- rary storage of materials and vehicles being utilized in connec- tion with such construction. 1.3. Prior to exercising any right pursuant to the easements granted in Sections 1.1 and 1.2, Purchaser shall provide Seller with certificates of insurance showing that the construction contractor or contractors have obtained the minimum insurance coverage set forth below, naming Purchaser and Seller as insured thereunder. All such insurance shall provide that the same can- not be cancelled without 30 uays prior written notice to Seller: (a) Workers' compensation, statutory limits; (b) Comprehensive general and comprehensive auto lia- bility covering the following matters: (i) Bodily injury: $3,000,000 per occurrence; (ii) Property damage: $3,000,000 per occurrence; (iii) Independent contractors contingent liability or owner's protective liability: same coverage as set forth in (i) and (ii), above; (iv) "XCU" hazard endorsement, if applicable; (v) "Broad form" property damage endorsement; (vi) "Personal injury" endorsement; and (vii) Contractual liability insurance. The cost of all the above -referenced insurance shall be included in the costs of construction of the Road, which costs shall be shared equally by Purchaser and Seller pursuant to Article II. Such costs shall be the pro rata portion of the total insurance cost for the Shopping Center construction, equal to the ratio of the cost of the Road construction to the total cost of Shopping Center construction, which apportionment shall be further ad- justed for the relative construction time periods. 1.4. No fence or other barrier which would in any way pre- vent or obstruct the passage of pedestrians, vehicles or equip- ment traffic or impede the construction of the Road or access to the Shopping Center Parcel shall be erected or pei:ztitted by Seller. The foregoing shall not prohibit barricades erected and reasonably necessary in connection with construction of the Road. 1.5. The term of the easements granted pursuant to Sec- tions 1.1 and 1.2 shall be as follows: (a) The easement granted pursuant to Section 1.1 shall commence upon the effective date hereof shall only terminate in the event of final dedication and acceptance oy the City of Fort Collins of the Road Parcel pursuant to Article III. BJAGII 10/09/85 (b) The easement granted pursuant to Section 1.2 shall commence upon the effective date hereof and continue until construction of the Road is complete, pursuant to the terms of Article II. ARTICLE II CONSTRUCTION OF ROAD AND PAYMENT OF COSTS 2.1. Purchaser and Seller shall each pay one-half of the total cost of construction of the Road in the amount and upon the terms described below and in Article IV. Purchaser shall be solely responsible for the actual construction of the Road, and, except as described below, Seller shall have no authority to change or affect the Road construction in any way. 2.2. Seller's obligation to pay one-half of the cost of con- struction of the Road shall be discharged as set forth in Ar- ticle IV. The cost of construction of the Road shall be deter- mined by a separate bid (the "Road Construction Bid") by Saunders Construction, Inc., Purchaser's contractor for its shopping center development. In arriving at the Road Construction Bid, Purchaser shall bid each principal trade involved in construction of the Road to at least =hree subcontractors, and shall include in the Road Construction Bid the lowest acceptable subcontractor bid. The Road Construction Bid shall be based on detailed draw- ings of the construction work on the Road (which drawings shall be prepared by Seller), as approved by Purchaser and Seller (and as attached hereto as Exhibit C and incorporated herein by this reference), and shall include all phases of the construction pro- cess for the entirety of the Road as approved -by the appropriate governmental authorities and as shown on the Master Street Plan for the City of Fort Collins, the cost of which construction shall include, without limitation, architectural and engineering drawings and .supervision, materials, labor, insurance (pursuant to Article I), cost of permits and all other expenses associated with such construction, but shall not include Purchaser's or Seller's overhead expenses. In addition, the Road Construction Bid shall include all costs associated with the design and con- struction of any traffic signals, curbing, medians, water lines, public walkways, signage, permits and applicable fees, sanitary or storm sewers and any other utilities, a reasonable contrac- tor's profit, as well as any ancillary construction required on adjoining property in order to complete construction of the Road as contemplated and as required by any municipal authority in conjunction with such construction. Such bid shall also include the costs of any tap fees for any utilities or any fees on charges imposed or required by any municipal or quasi -municipal agency in order to complete the Road. Should any municipal or governmental :authority require that any part of the Road con- struction be prosecuted by such municipal or governmental author- ity at the property owner's expense, both Purchaser's and Seller's obligation to pay for one-half of the cost of such con- struction work will be as if the work were prosecuted by Pur- chaser as aforesaid. Upon commencement of construction of the Road, Purchaser's contractor shall submit separate invoices for the cost of construction of the Road. Purchaser shall send copies of all such invoices to Seller. PurchaseL shall not be required to receive any sort of approval by Seller of any in- voices. Purchaser shall timely pay all invoices. In the event the contractor should submit a "Change Order" (as defined below) with respect to construction of the Road, such Change Order must be approved in writing by Seller; Seller's failure to approve or reject any change order within five business days of Seller's receipt of same shall be deemed to be Seller's irrevocable consent to such Change Order. For the k BJAGII 10/09/85 purpose of this Agreement, the term "Change Order" shall mean any work required to be performed, in the contractor's professional di...ce�., ,,, wor, is not included in the drawings and speci- fications upon which the Road Construction Bid was based. Seller shall have no right to object to a Change Order unless the same is an extraordinary requirement caused directly by Purchaser's development of the Shopping Center Parcel, or if Seller reason- ably believes the cost thereof to be grossly excessive. The foregoing shall not be construed to allow Seller to object based on additional municipal requirements resulting from Purchaser's development, but rather to allow Seller to object to a Change Order in the event of additional physical construction require- ments directly resultant from Purchaser's development of its Shopping Center which is not the result of -unicipal or quasi - municipal requirements. In the event Seller should reasonably object to any Change Order, and Seller's objection cannot be resolved, Purchaser shall make the additional payment pursuant to such Change Order, and such payment will be deemed to have been made under protest, in which event Purchaser's right of action with respect to the same in law or equity shall be reserved. 2.3. Construction of the Road shall be deemed complete when construction is in compliance with all drawings, plans and speci- fications therefor and when formal and final approval has been granted by the City of Fort Collins and any other governmental authority with jurisdiction over the Road and all dedication requirements of such authorities have been met. 2.4. In the event Purchaser's construction of the Road re- quires the removal from the Road Parcel of any buildings, trail- ers or other improvements, Seller shall, within 15 days of execu- tion hereof, give the owners or tenants thereof proper and timely legal notice to vacate and shall see to it that such improvements are promptly vacated within seven months of the execution date hereof. Purchaser shall have the right to demolish and remove such improvements. ARTICLE III DEDICATION 3.1. Upon completion of construction of the Road, pursuant to Article II, Purchaser shall take all steps necessary, at Purchaser's and Seller's mutual expense, to cause the Road Parcel and completed :Road to be dedicated to the City of Fort Collins such that the Road and Road Parcel shall become the property of the City of Fort Collins in fee simple absolute and the city assumes all responsibility for maintenance and liability on the Road and Road Parcel. Seller shall, upon request by Purchaser, execute, acknowledge and deliver any and all dedications, grants, plats, instruments, consents and other documents as Purchaser may reasonably require. 3.2. Prior to dedication pursuant to Section 3.1, Purchaser or Purchaser's contractor, as part of the expense of Road con- struction pursuant to Article II, shall obtain and deliver to Purchaser, Seller and to Security Title Guarantee Company (com- mercial division of Denver) a current boundary and improvements survey of the Road Parcel to be dedicated with permanent corner pins in place, certified as to date, to Seller, Purchaser and --o Security Title Guarantee Company, prepared from an "on the ground" inspection by a registered engineer or licensed land surveyor in the State of Colorado, showing thereon the correct legal metes and bounds description of the Road Parcel, its proper dimensions, any and all improvements, ditches, waterways, flood plains, reservoirs, fence locations, easements, rights -of -way, utilities and adjacent roadways upon, under and/or adjacent to -4- MGAGI1A 10/16/85 the Road Parcel, and certifying that no improvements situate upon, under or adjz�.._nt­eo the Road Parcel are subject to en- croachments, overlaps or overhangs, and that no easements or restrictions of record have been violated in any respect. This survey shall comply in all respects with Minimum Standard Detail Requirements of Land Title Surveys jointly established and adopted by ATA and ACSM in 1962. The survey shall contain a certified computation of the exact number of square feet com- prising the Road Parcel. 3.3. Prior to dedication pursuant to Section 3.1, Seller shall cause to be prepared, at Purchaser's and Seller's mutual expense, a current commitment for title insurance )olicy, which commitment shall comply with the requirements of the City of Fort Collins .for dedication. In the event that the City of Fort Collins requires a title insurance policy, Seller shall deliver, at Purchaser's and Seller's mutual expense, an owner's title insurance policy consistent with the commitment to the City of Fort Collins after dedication. ARTICLE IV CONSIDERATION 4.1. As consideration for all of Seller's obligations pur- suant to this Agreement, Purchaser shall pay to Seller a sum calculated as follows: (a) The product of $3.00 multiplied by the number of square feet of the Road Parcel as dedicated (which square footage shall be determined in the survey made pursuant to Section 3.2); reduced by (b) One-half of the total cost of construction of the Road, pursuant to Article II. The above -referenced sum shall hereinafter be referred to as the "Consideration". 4.2. The Consideration shall be payable after successful and complete dedication of the Road Parcel to the City of Fort Collins, pursuant to Article III, and shall be paid in the form of Purchaser's unsecured promissory note payable to the order of Seller which promissory note shall provide for payment of the Consideration on the date which is two years from the date of execution of said promissory note, and which shall bear simple interest at a rate of 1% per annum above the prime interest rate at the United Bank of Denver, N.A. The promissory note shall be prepayable at any time without premium or penalty. The promis- sory note shall be dated and executed as of the earlier of: (a) the dedication date (as described in the first sentence of this Section); or (b) one (1) year from the date of completion of construction, as set forth in Section 2.3. ARTICLE V CONTINGENCY 5.1. The obligations of Purchaser and Seller pursuant Lo this Agreement are contingent upon the removal of any fee inter- est in the Road Parcel of any party other than Fort Collins Assemblage, Ltd., a Colorado limited partnership. In the event this contingency is not satisfied within one (1) year after the date of execution hereof, then this Agreement shall be null and void. -5- BJAGII 10/09/85 ARTICLE VI MIS�ij- 4 ouo 6.1. This Agreement may be executed in counterparts, each of which shall constitute an original, but altogether shall consti- tute one and the same agreement. 6.2. This Agreement and all questions of interpretation, construction, and enforcement hereof, and all controversies here- under, shall be governed by and construed in accordance with the laws of the state of Colorado. 6.3. The captions at the beginning of the several Articles are for convenience in locating the context, but are not part of the context. 6.4. In the event any term or provision of this Agreement shall be held illegal, invalid, unenforceable, or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and ef- fect. 6.5. This Agreement embodies the entire agreement between the Parties and supersedes any and all prior agreements and un- derstandings, written or oral, formal or informal. No exten- sions, changes, modifications or amendments to or of this Agree- ment, of any kind whatsoever, shall be made or claimed by Pur- chaser or Seller, and no notices of any extension, change, modi- fication or amendment made or claimed by Purchaser or Seller shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by Purchaser and Seller. 6.6. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enter- prise. This Agreement is not intended nor shall it be construed to create any third -party beneficiary rights to any Person who is not a Party hereto unless expressly provided otherwise. 6.7. If any Party shall fail to pay when due any amount required to be paid to any third party pursuant to this Agree- ment, the other party may pay such amount and shall be entitled to payment of such amount from the failing party, plus interest at the rate of 18% per annum (or the highest legal rate, which- ever is less) from the date of such payment until paid in full. If any party shall fail to pay any amount for which it is liable pursuant to this Agreement to any other party within 30 days of written demand therefor (unless a greater or lesser time is spe- cifically provided herein, in which case such specific time per- iod shall apply), the party to whom such amount is owed shall be entitled, at its option, to a lien against all real property owned by such defaulting party for the amount owed, plus costs and attorneys' fees incurred in collecting such amount, including foreclosure of such lien. To the extent permitted under appli- cable law, such lien shall be a mechanic's lien, shall be enti- tled to the same priority as a mechanic's lien. 6.8. In the event any party shall institute any action or proceeding against another party relating to the provisions of this Agreement, or any default thereunder or to collect any amounts owing hereunder, the non -prevailing party in such action or proceeding agrees to reimburse the prevailing party therein for the reasonable expenses of attorneys' fees, expert witness fees and disbursements incurred therein, including such cost and expenses incurred in connection with any such action or proceed- ing and any appeals therefrom. BJAGII 10/09/85 6.9. In all instances where, pursuant to this Agreement a party's consent or approval is required such consent or approval shall not be unreasonably withheld or aelayed, unless it is spe- cifically provided that such consent or approval shall be in a Party's sole discretion. 6.10. All notices required herein shall be in writing and delivered to the parties hereto, or mailed to the parties hereto by registered or certified mail at the addresses set forth below, unless notice of change of address is hereinafter given by the parties in writing. If to Purchaser: If to Seller: Troutman Partnership 1600 Stout Street, Suite 1800 Denver, Colorado 80202 Attn: Jed Hayes with a copy to: Matthew D. Gordon Roath & Brega, P.C. 1700 Writers' Center Five 1873 South Bellaire Street P. O. Box 5560 T.A. Denver, Colorado 80217 Fort Collins Assemblage, Ltd. 3600 South Beeler, Suite 200 Denver, Colorado 80237 Attn: William Strickfaden with a copy to: William Bostrom Bostrom, Haring and Hitt 730 Seventeenth Street, Suite 500 Denver, Colorado 80202 IN WITNESS WHEREOF, Purchaser and Seller have executed this Road Construction Agreement on the dates indicated below. TROUTMAN PARTNERSHIP, a Colorado general partnership By: Gene al Partner Da t k i Sis FORT COLLINS ASSEMBLAGE, LTD., a Col ad limited part ship B . William K ck aden General Pa�oi Date: -7-