HomeMy WebLinkAboutHARMONY TECHNOLOGY PARK - Filed OA-OTHER AGREEMENTS - 2005-02-11HARMONY TECHNOLOGY PARK, FIRST FILING
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT, made and entered into this ky day of
2004 by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City"), Celestica Colorado, Inc. a Colorado Corporation, k4
("Developer"); and Hewlett-Packard Company, a i i corporation 'Owner"), is an
amendment to that certain Development AgreFnre'r,
t dated February 5 , 1998 by and
between the City, the Developer and the hereinafter referred to as the
"Development Agreement."i�_
WHEREAS, the City, the Developer and the Owner 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 D
D. Streets
The Developer and the Owner acknowledge that a condition of the approval
by the City and Colorado Department of Transportation (CDOT) requires that
certain public improvements be made to the existing Harmony Road,
including a four-way, lighted traffic signal at the intersection of Harmony Road
and Technology Parkway and that such improvements may require the
dedication by the Developer and the Owner of additional right-of-way. To the
extent either of them own property on which additional right-of-way is
required, the Developer and the Owner hereby agree to dedicate such
additional right-of-way to the City. In addition, the Developer and the Owner
agree to design and complete the construction of the requisite improvements
for the Harmony Technology Park First Filing, as determined by the
Developer, Owner, City and the Colorado Department of Transportation to
Harmony Road and to cause the said intersection signal to be installed at
Harmony Road and Technology Parkway. Notwithstanding the above, the
Technology Parkway intersection shall be delayed until such time that "traffic
warrants" justify its' completion, and in order to insure the construction of
these improvements, the Owner and Developer agree to post a security
deposit equal to 100% of the Engineer's estimated costs for construction of
the improvements, which deposit shall be in the amount of $766,106.50.
6. It is anticipated that Harmony Road improvements will be required at the
Harmony -Ziegler intersection in conjunction with the development of the
property at the northwest corner of Ziegler and Harmony Roads, adjacent to
the LSI property. Therefore, the roadway improvements, or a portion thereof,
as defined in the Final Development Plan Documents, including Celestica's
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�40130 � Colorado
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6 Vehicles
EXISTING PLUS SITE GENERATED
PEAK HOUR TRAFFIC Figure 6
>. 5
Harmony Road frontage improvements, may be completed in conjunction with
the Harmony -Ziegler intersection improvements. Therefore, the City may
seek reimbursement pursuant to Section 24-95 of the Code to collect what
would have been the Developer's proportionate share of costs associated
with said Harmony -Ziegler intersection improvements. Said repayment will be
due to the City upon issuance of any additional building permits for this
Development.
In addition, the Developer and the Owner agree that neither the City nor the
CDOT shall be responsible for the costs associated with the Harmony Road
improvements as shown in the Final Development Plan Documents. The
Developer also agrees that should the City or CDOT decide to make said
roadway improvements prior to the commencement of any construction of
buildings within the Development, the Developer shall contribute it's
proportionate share of the costs associated with said roadway improvement
with the understanding that if the Developer and/or Owner is eligible for
reimbursement pursuant to Section 3.3.2 of the Land Use Code of the City,
the Developer and/or Owner shall apply for the right to seek such
reimbursement by execution of a reimbursement agreement.
B. All other terms and conditions of the Development Agreement shall remain
unchanged and in full force and effect, except as expressly amended by this
Amendment Agreement No. 2.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
City Manager
ATT ST:
— ILL)hS041.= �
CITY CLERK
APPROVED AS TO CONTENT:
r11
City Engineer
APPROVED AS TO FORM:
Deputy City Attorney
DEVELOPER:
Celestic ,Colorra�do, ��Inc. a Colorado Corporation
By: .� / /&
David Halter, General ManagerNice President
Company, a £-ati#erie Corporation
By:
teve S ie Beyer, Oolorado Area Manager, REWS
HARMONY TECHNOLOGY PARK, FIRST FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into thisl 7 day of �_ of
1999, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), Celestica Corporation, a Delaware Corporation, ("successor by assignment) to Celestica
Corporation, a Colorado corporation (Developer,'), and Hewlett - Packard Company, a Delaware
Corporation, ("Owner"), is an amendment to that certain Development Agreement dated February
5, 1998 by and between the City, the Developer and the Owner, hereinafter referred to as the
"Development Agreement."
WHEREAS, the City, predecessor - in- interest to the Developer and the Owner
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 11(Special Conditions) Paragraph D subparagraph (6) the following paragraph
shall be modified to read as follows:
6. The Developer and the Owner acknowledge that a condition to the
approval of a four-way, lighted traffic signal at the intersection of Harmony Road
and Technology Parkway by the Colorado Department of Transportation requires
certain public improvements to the existing Harmony Road, and that such
improvements may require the dedication by the Developer and the Owner of
additional right-of-way. To the extent either of them own property on which
additional right-of-way is required, the Developer and Owner hereby agree to
dedicate such additional right-of-way. In addition, the Developer and Owner
agree to design and complete the construction of requisite improvements for the
Harmony Technology Park First Filing, as determined by the Developer and
Owner, the City and the Colorado Department of Transportation to Harmony
Road and to cause the said intersection signal to be installed at Harmony Road
and Technology Parkway. All Harmony Road improvements, including the
Technology Parkway connection, shall be completed and accepted by the City
and the Colorado Department of Transportation prior to March 30,2004, or prior to
the issuance of the certificate of occupancy for any building addition(s) that may
occur after the initial phase, whichever shall occur first. In addition, to insure the
construction of these improvements, the Owner and Developer agree to post a
security deposit, equal to too % of the Engineer's estimated costs ( Exhibit A ) for
construction of the improvements, which such amount is $ 7 z 3.08 &oo
Said security deposit shall be updated on each anniversary date by the
Developer/Owner to reflect any change in the Engineer's estimated costs for the
construction of said improvements which result from inflation. The updated
amounts shall be calculated using the construction cost index percentage for
Denver as published in the Engineering News Record (ENR) for said anniversary
date. Such security deposit shall be established with the City prior to the
issuance of the first certificate of occupancy for this project and may be in the
form of cash, bond, letter of credit or other form of financial guarantee acceptable
to the City. The security deposit shall be released by the City upon the
completion of the construction of the Harmony Road improvements. All
improvements to County Road Nine (9) ( as set forth in the Utility Plans) shall be
completed and accepted by the City prior to the issuance of the Certificate of
Occupancy for any building within the development. In addition, the Developer
and the Owner agree that neither the City nor the Colorado Department of
Transportation are responsible for the costs associated with the Harmony Road
improvements as shown in the Utility Plans; provided however, that if the
Developer or Owner is eligible for such reimbursement pursuant to the Code of
the City , the Developer and/or Owner shall retain the right to seek and receive
such reimbursement, to the extent that appropriation has been made therefor.
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.
C. This agreement may be executed by any number of counterparts and by any number of
counterpart signature pages, each of which shall be an original with the same effect as if each of
the signatures were affixed to the same instrument. A facsimile signature on a copy of this
agreement, transmitted electronically by telephone lines, shall be accepted as an original signature
for all purposes.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: t
City Manag r
ATTEST:
/eIX � s
City Clerk lC "
APPROVED AS TO CONTENT:
Director of Engineering �
APPRO D AS TO FORM:
Deputy City Attorney
DEVELOPER:
Celestica Corporation, a Delaware Corporation ( Successor
by assignment to Celestica Colorado, Inc.)
OWNER:
Hewlett - P d Com any, a Delaware Corporation
By:
obert Shuffler, Manager
CCLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No.
STATE HIGHWAY ACCESS PERMIT
State Highway No/Mp/Side
SH68
Permii fee
Date of transmittal
I Region/SectioNPatrol Local jurisdiction
4/24/2000
1 04/01/04 Fort Collins
The Permittee;
Celestica Colorado, Inc. (Kevin Oliver)
4721 Technology Parkway
Fort Collins, Co. 80528
is hereby granted permission to have an access to the state highway at fife location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by
the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly
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.
Location:
Approximately 1210 feet east of County Road 9 and 1350 feet west of Cambridge Drive
Access to provide service to:
This permit is to allow access from Harmony Road south onto a proposed public street
known as Technology Parkway
Other terms and conditions:
This permit is for the construction of Technology Parkway, a public street that will serve
an industrial and office park complex.
The notice to proceed will be issued upon receipt by the City of an acceptable traffic cont
plan and the contractor's certificate of insurance
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By
Date
Title
W
Upon the signing of this permit the permittee agrees to the terms 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 lance Newlin with the City of Fort Collins
In Construction Inspection et 970 221-6605 at —It least 48hours prior tocomr.A.n...g
construction within the State Highway rightof-way.
The person signing as the permittee must be the owner w legal representative of the property served by the permitted access and have full authority to
accept the permit and it's terms and conditions.
Psrmto"
Date
W
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By Date (of issue) Tide
Copy distribution; Required Make copies as necessary for:. Prsvlouiii edRlont N obwlete end mry not be uad
I. Region (anginal) Local Authority Inspector COOT Form t701 &S8
2. Applicant MTCE Patrol Traffic Engineer
3. Staff Access Section
Date: , April 24, 2000
Harmony Technology Park I` Filing
Technology Parkway
Exhibit A
Terms and Conditions
l . The Permittee shall refer to all additional standard requirements on the back of this
Permit and any enclosed additional terms, conditions, exhibits and noted attachments.
2. Incorporated as part of this permit are the following:
Application for Access Permit (CDOT Form No. 137)
Both sides of the Permit (CDOT Form No. 101)
Exhibits: "B"- Construction drawings, sheets 3 of 37 and 4&5 of 10 and 15&16 of16
"C"- Plat
This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1),
and is based in part upon the information submitted by the Permittee. This Permit is only
for the use and purpose stated in the Application and Permit. Any changes in traffic
volumes or type, drainage, or other operational aspects may render this permit void,
requiring a new permit to be applied for based upon existing and anticipated future
conditions.
4. If necessary, minor changes, corrections and\or additions to this permit may be ordered by
the Department inspector, other Department representative or local authority to meet
unanticipated site conditions. Changes may not be in violation of the Code. All major
changes to the plans must be approved in writing by the Department prior to
commencement of any work on or within the State Highway right-of-way.
5. Reconstruction or improvements to the access may be required when the Permittee has
failed to meet the required design and\or material specifications. If any construction
element fails within two years due to improper construction or material specifications, the
Permittee is responsible for all such repairs.
6. The Permittee is responsible for obtaining any necessary additional federal, state and\or
City\County permits or clearances required for the construction of the access. Approval
of this access permit does not constitute verification of this action by the Permittee.
All costs associated with the installation of this access are the responsibility of the
Permittee. This includes the design, construction, utility relocation, testing of materials
and inspection.
8. Landscaping, shall not obstruct sight distance at any state highway access point.
9. Permittee is responsible for any utilities disrupted by the construction of this access and
all expenses incurred for their repair.
Terms and Conditions (Continued)
10. Survey markers or monuments must be preserved in their original positions. Notify the
Department at (970) 350-2173 immediately upon damage to or discovery of any such
markers or monuments at the work site. Any survey markers or monuments disturbed
during the execution of this permit shall be repaired and\or replaced immediately at the
expense of the Permittee.
11. The Permittee or the contractor shall notify Lance Newlin at (970) 221-6605 or (970)
221-6609 at least two working days prior to beginning any access improvements or
construction of any kind within the state highway right-of-way. Failure to comply with
this requirement may result in the revocation of this permit.
12. The access shall be constructed 167 feet wide, with 30 foot radii as per Exhibit `B".
13. All required access construction shall be completed prior to the herein authorized use of
this access.
14. The access shall be surfaced immediately upon completion of earthwork construction and
prior to use.
15. Surfacing shall consist of asphalt pavement.
16. If frost, water or moisture is present in the subgrade, no surfacing materials shall be
placed until all frost, water or moisture is gone or removed.
17. The access shall be constructed and maintained in a manner that shall not cause water to
enter onto the roadway, and shall not interfere with the existing drainage system in the
right-of-way. Drainage to the state highway right-of-way shall not exceed the historical
rate of flow.
18. A COMPLETE COPY OF THIS PERMIT SHALL BE ON THE JOB WITH THE
CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor
changes and additions may be ordered by the Department or local authority field inspector
to meet unanticipated site conditions. FAILURE TO COMPLY WITH THIS OR ANY
OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE
SUSPICION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE
ISSUING AUTHORITY.