Loading...
HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK - Filed OA-OTHER AGREEMENTS - 2004-01-28PROSPECT INDUSTRIAL PARK, LOT 32 AMENDMENT AGREEMENT NO.2 't h THIS SECOND AMENDMENT AGREEMENT, made and entered into this Z= day of August, 2001, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"), and Midpoint Development, LLC, a Colorado limited liability company ("Developer"), is an amendment to that certain Development Agreement dated July 23, 2001, by and between the City and the Developer, hereinafter referred to as the "Development Agreement; and to that certain Amendment Agreement No. 1 to the Development Agreement, which prior Amendment Agreement was entered into by the parties on the 3d day of August, 2001 ("the First Amendment Agreement'). WHEREAS, the City and the Developer previously executed the Development Agreement and the First Amendment Agreement; and WHEREAS, the parties presently desire to modify the Development Agreement and the First Amendment Agreement; NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Development Agreement and the First Amendment Agreement as follows: A. Subheading II (Special Conditions) Paragraph C.7, which was added to the Development Agreement by the First Amendment Agreement, shall be amended to read as follows: 1. Subject to the requirements set forth in this paragraph, the City has granted to the Developer a non-exclusive easement ("the City Easement') for the construction and ongoing maintenance and repair of certain storm drainage improvements shown on the final Development Plan documents for the Development in order to provide storm drainage outfall and detention for the Development. Such City Easement shall not take effect until, and such effectiveness is expressly conditioned upon, the execution of the Development Agreement, the First Amendment Agreement and the Second Amendment Agreement and recordation of a notice of such Agreements, and also the approval of such City Easement by the Fort Collins City Council after two readings of the Ordinance approving such City Easement, Until such time as the City Easement is obtained by the Developer or an alternative outfall system is designed, approved and any easements needed for such a system are obtained, no Certificate of Occupancy shall be issued for any building or other structure constructed by the Developer on the Development. No work shall occur within the boundaries of the City owned Property until such time as the City Easement has been obtained by the Developer. Any work, including work on the Development site, that is done prior to obtaining the City Easement is at the Developer's risk. The Developer agrees to defend, indemnify and hold harmless the City against any claims that may be brought against the City and agrees to pay all of the City's attorneys fees and litigation cost arising as a result of the commencement of such work. B. All other terms and conditions of the Development Agreement and the First Amendment Agreement shall remain unchanged and in full force and effect, except as expressly amended in this Amendment Agreement No. 2. IN WITNESS WHERE OF, the parties have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: (Qp— 4. tlwA�z City NYanager APPROVED AS TO CONTENT: Director of triginecring APPR ED AS TO FORM: Deputy City Attorney DEVELOPER: Midpoint Develo A Colorado Limy B�- .i� Y� arles B. McNeal, Member -Manager PROSPECT INDUSTRIAL PARK, LOT 32 AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this 3J day of `� k j r ' of 2001, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"), and Midpoint Development, LLC, a Colorado limited liability company ("Developer"), is an amendment to that certain Development Agreement dated July 23rd, 2001, by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties presently desire to modify the Development Agreement: NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Development Agreement as follows: A. Subheading II (Special Conditions) Paragraph C.7 shall be added to read as follows: The City has granted to the Developer, subject to the execution of this Agreement and recordation of a notice of the same, a non-exclusive easement (the `City Easement') for the construction and ongoing maintenance and repair of certain storm drainage improvements shown on the final development plan documents for the Development in order. to provide storm drainage outfall and detention for the Development. Until such time as the City Easement is obtained by the Developer or an alternative outfall system is designed, approved and any easements needed for such a system are obtained, no building permits for the development shall be issued. No work shall occur within the boundaries of the City owned property until such time as the City Easement has been obtained by the Developer. Any work, including work on the development site. that is done prior to obtaining the City Easement is at the Developer's risk. The Developer agrees to defend, indemnify and hold harmless the City against any claims that may be brought against the City and agrees to pay all the City's attorney fees and litigation costs arising as a result of the commencement of such work. B. All other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect, except as expressly amended in this Amendment Agreement No. 1. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: ill� �T �� ✓ S CITY CLERK ��`�t�f (✓�ii�j' APPROVED AS TO CONTENT: CW e n' Director of ngineering APPROVT AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: City Managers DEVELOPER: Mid con] By: AMENDMENT TO SUBDIVISION AGREEMENT THIS IS All AMENDMENT to that certain Subdivision Agreement dated April 5, 1979 between the City of Fort Collins, Colorado, a municipal corporation (the "City") and Hansen Realty, Inc. (the "Developer"). The effective date of this Amendment is December 1, 1981. The Subdivision Agreement pertaining to a Subdivision named Prospect Industrial Park (the Subdivision) in the City of Fort Collins, Colorado. 1. The utility plans for the Subdivision require the installation of sidewalks on the streets in the Subdivision. The developer has expressed its opinion that sidewalks are not necessary to serve this industrial subdivision. The City agrees at this time that there is no need for sidewalks, however, such sidewalks may be required in the future. In view of this, the parties have agreed not to install sidewalks at this time; and if sidewalks are ever required by the City for this Subdivision, the same will be installed and financed through a special improvement district under the City's ordinances. In connection with lots in the Subdivision now owned by the Developer_, the Developer agrees for itself, its successors and assigns, to participate in an improvement district formed by the City for the purpose of installing sidewalks in the Subdivision in the City at any time determines that such sidewalks are required. The City understands that the Developer does not own all of the lots in the Subdivision. 2. All streets in the Subdivision have been paved and curb and gutter has been installed on all such streets. The City required on inspection of the Subdivision, that additional gravel be installed behind curb returns in the Subdivision. The Developer hereby agrees to install such additional gravel in the locations specified by the City. Further., the Developer has agreed to lay a temporary asphalt mat 'T1AAA%-T`f FOU P,� feet in width on that portion of the extension of Sharp Point Drive from the Subdivision to Prospect Street which was graded down in the course of installing Sharp Point Drive in the Subdivision. Such asphalt mat will be installed by the Developer in the Spring of 1982. It is understood and agreed that this shall be a temporary mat and that the obligation. to install street improvements on the extension of Sharp Point Drive beyond the Subdivision to Prospect is the obligation of the owner of Center Point Park Subdivision. hated this J8L-� day of beCeP-n/r 1981. The Developer agrees to provide rip -rap, as directed by the City Engineer, at the drain discharge on the east side of Sharp Point Drive opposite Lots 4 & 5. The Developer further agrees to install street signs prior to application of further certificates of occupancy. HANSEN REALTY, INC. By: Presid Jnt i APPROVED: C I T Py: v ATTEST: City Clerl U l APPROVED W" U)4,*t-- Assistant City Attorney -2- WHEREAS, the parties hereto have agreed that the develop- ment of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements, primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Municipal Facilities. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other :municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. A. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands -2-