Objective: Approve an extension to development agreement between Gerrard Investments, LLC and Larimer County

Similar documents
AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21

This unofficial copy was downloaded on Jul from the City of Fort Collins Public Records Website:

CITY COUNCIL VOTING RESULTS

CITY COUNCIL VOTING RESULTS

RESOLUTION NO

AGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO. September 18, Proclamations and Presentations 5:30 p.m. Regular Meeting 6:00 p.m.

AGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO

Staff Report. Victoria Walker, Director of Community and Economic Development

CITY OF INVER GROVE HEIGHTS 8150 Barbara Avenue Inver Grove Heights, MN (651)

COMBINED NOTICE OF SHERIFF S SALE OF REAL PROPERTY AND RIGHT TO CURE AND REDEEM #

PISMO BEACH COUNCIL AGENDA REPORT

CITY COUNCIL VOTING RESULTS

EXECUTIVE SUMMARY. A 135,014-SQUARE-FOOT industrial flex

CITY MANAGER MEMORANDUM

AGENDA ITEM SUMMARY BUSINESS OF THE CITY COUNCIL CITY OF GOLDEN, COLORADO. Quasi Judicial Matter

PLAINTIFF S REPLY IN SUPPORT OF PLAINTIFF S MOTION TO AMEND COMPLAINT

Community Development Department

OFFICE OF THE CITY ADMINISTRATIVE

CITY OF LOS ANGELES INTER-DEPARTMENTAL CORRESPONDENCE

The following is a list of assumptions on which this Term Sheet is based:

DEVELOPMENT AGREEMENT RIVER EDGE COLORADO PLANNED UNIT DEVELOPMENT

NONCONFORMITIES For Uses & Buildings/Structures

Application Procedures for Easements or Rights of Way on City of Fort Collins Natural Areas and Conserved Lands March 2012

Department of Planning & Development Services

City of O Fallon Project Management

Administration. Resolution

AGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO. October 7, Proclamations and Presentations 5:30 p.m.

Clerk of the Circuit Court Board of County Commissioners Marion County

SUBDIVISION EXEMPTION (SUBX) SUBMITTAL CHECKLIST

Memphis and Shelby County Office of Planning and Development CITY HALL 125 NORTH MID AMERICA MALL MEMPHIS, TENNESSEE (901)

REQUEST FOR PROPOSALS FOR EQUITY INVESTOR FEDERAL AND STATE 4% LOW INCOME HOUSING TAX CREDITS BOULDER HOUSING PARTNERS OAK PARK AND

AGENDA ITEM SUMMARY January 2, 2018 City Council

Agenda Item No. 6E May 23, Honorable Mayor and City Council Attention: Jeremy Craig, Interim City Manager

AGREEMENT FOR THE GIFT OF REAL PROPERTY. This AGREEMENT TO GIFT ( Agreement ), is made and entered into this day of

1. The reason provided for the opposing votes was that the two commissioners wanted something else to be developed on their parcel.

AGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO. March 21, Proclamations and Presentations 5:30 p.m

PERMANENT DRAINAGE EASEMENT

Agenda Item No. 6B January 23, Honorable Mayor and City Council Attention: Jeremy Craig, City Manager

RESOLUTION NO. CONTAINING APPROXIMATELY 587 SQ.FT. RD:EEH:LCP

City of Scotts Valley INTEROFFICE MEMORANDUM

COUNCIL COMMUNICATION

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (PHASE ONE PROPERTY)

STAFF REPORT. Raymond Management Company 8333 Greenway Blvd, Suite 2000 Middleton, WI 53562

COUNCIL COMMUNICATION

3 Resolution approving and authorizing the acquisition of one permanent surface access

AMENDED DECLARATION OF EASEMENT FOR PRIVATE ROAD AND PUBLIC UTILITIES

BYLAW 5781 ****************

BUTTE LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE OFFICER S REPORT. LAFCo File City of Chico Extension of Services 624 Oak Lawn Avenue

COUNCIL AGENDA MEMO ITEM NO. III - #1

San Carlos Wheeler Plaza Project, Disposal of Former Redevelopment Agency Property and Entry into Related Compensation Agreement

1 [Real Property Lease - Crystal Springs Golf Partners, LP Golf Course Drive, Burlingame, California - $1,000,000 Annual Base Rent]

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Corte Madera as follows:

ORDINANCE NO

SMOKY LAKE COUNTY. Alberta Provincial Statutes

Recitals. WHEREAS, Grantor owns real property ("Property"), under which Improvements (as defined in Section 1 below) will pass; and

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

FOR EQUITY INVESTOR STATE OF COLORADO LOW INCOME HOUSING TAX CREDITS

LEE COUNTY ORDINANCE NO 02-34

AGENDA BELOIT CITY COUNCIL SPECIAL MEETING City Hall Forum State Street, Beloit, WI :00 PM Monday, January 14, 2019

BUTTE LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE OFFICER S REPORT. LAFCo File City of Chico Extension of Services 716 Oak Lawn Avenue

A RESOLUTION AUTHORIZING AN INTERLOCAL CONTRACT WITH MONTGOMERY COUNTY FOR OAKLAND ROAD UTILITY RELOCATION

Administration and Projects Committee STAFF REPORT July 3, 2014 Page 2 of 3 Changes from Committee B. CT 208 Historical Summary of Contract s. C. Reso

CONYERS, GEORGIA. Whereas, stormwater problems on private property may pose a threat to public safety, health, or welfare; and

EDGEWATER PLANNING AND ZONING COMMISSION RESOLUTION NO. PC

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

when the following proceedings, among others were held and done, to-wit:

City of Apache Junction, Arizona Page 1

REDEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION:

HECTOR DE LA ROSA, ASSISTANT CITY MANAGER

[Disposition and Development Agreement - Seawall Lot 337 Associates, LLC - Mission Rock Project]

DECLARATION OF RECIPROCAL ACCESS AND UTILITY EASEMENTS

Administration. Resolution

Request for Proposals

COMMERCIAL PROPERTY LEASE AGREEMENT

REDEVELOPMENT AGENCY

Recommendation to Approve Dominion Virginia Power s Request for an Easement along Route 606 at Washington Dulles International Airport.

Public Hearing: Monday, December 22, 2014 To: Honorable Mayor Hall and City Council From: Jonathan Spendlove, Planner I. ITEM V-

Mayor and City Council, as and constituting The Board of Contra Costa County Sanitation District No. 6 (Board)

NEW JERSEY TRANSIT CORPORATION SPECIAL TELEPHONE BOARD OF DIRECTORS MEETING JUNE 25, 2013 ACTION ITEM

Lincoln County Board of Commissioner s Agenda Item Cover Sheet

CITY OF LABELLE ORDINANCE BROWARD AVE LLC PLANNED UNIT DEVELOPMENT REZONE

Frequently Asked Questions Washtenaw County RFP #7127

4. Upon completion of the reconstruction of the road the applicant will dedicate a permanent rightof-way easement to ACHD.

Stenberg Annexation Legal Diagram Exhibit "B" W Subject Property Annexed to the City of Red Bluff VICINITY MAP "1:3:

CITY OF NEWPORT NEWPORT ECONOMIC DEVELOPMENT AUTHORITY NEWPORT CITY HALL JANUARY 15, 2015 IMMEDIATELY FOLLOWING CITY COUNCIL MEETING

Planning Commission Staff Report

CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT MAY 16, 2018 AGENDA

Toronto and East York Community Council. Acting Director, Community Planning, Toronto and East York District

Regular Agenda / Public Hearing for Board of Commissioners meeting September 24, 2014

Agenda Item No. 6D June 23, Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager

DATE: May 16, Honorable Mayor City Council Members. Laura Holey, Planner

-ii~ ADAMS COUNTY. &,.ee8.& PUBLIC HEARING AGENDA ITEM

Office of the City Manager CONSENT CALENDAR February 23, 2016

COUNCIL COMMUNICATION

SEPTEMBER 7, 2017 FINAL AGENDA SENIOR CITIZEN AND DISABLED RESIDENT TRANSPORTATION ADVISORY COMMITTEE REPORT (NEXT SCHEDULED REPORT DECEMBER 2017)

DATE: March 21, 2017 Mayor and City Council Mark McNeill, City Administrator Letter of Intent Village at Mendota Heights Parcels COMMENT:

Pinellas County. Staff Report

~ I~J<~~ n --rl. :JS\cf.-~ ~-= ='-==-_,

Transferable Development Credits

BYRON TOWNSHIP 8085 BYRON CENTER AVENUE, SW BYRON CENTER, MI PHONE: FAX: STORMWATER APPLICATION AND PERMIT

Transcription:

Type of Meeting: Administrative Matters Name of requestor: Ken Cooper cell 970-775-3782 Gary Gerrard cell 970-566-0288 Department: Facilities Department Preferred appearance date: 9/19/2017 Time required: 5 minutes Date decision needed: 9/19/2017 Objective: Approve an extension to development agreement between Gerrard Investments, LLC and Larimer County Situation: In July 2016, Larimer County purchased an 8.9 acre parcel at the NW corner of East 1st Street & Denver Ave. in Loveland to construct a new building to provide services to the south part of the County. The property was purchased as part of a development agreement with Gerrard Investments, LLC and Gerrard was contracted to construct site and street improvements by October 3, 2017 which are required to support the new building construction. A series of delays since mid-2016 have resulted in the need to extend the development agreement by two months, with a new completion date of December 4, 2017. The primary cause for delay was an inability by Gerrard to obtain approval by the Freedom Storage development group directly west of the County property. Once that approval was obtained in summer 2017, site and street construction work has commenced positively and is expected to be substantially completed by November 2017. Proposal: No additional resources are required. The original terms of the agreement cover the total cost of the land purchase and the cost of the contracted site and street improvements. Additional funds required: No Advantages: The site and street work is moving forward, and will be completed by December 4, 2017. Approving the amendment to the contract will allow Gerrard to complete the work by the date on the amended agreement. Continuing to work with Gerrard to complete all improvements will provide continuity in the site and street construction work and avoid a lengthy, expensive process to find another contractor. Disadvantages: There is some concern the 2-month delay to the original schedule could result in added costs to the adjacent building construction project. However, Gerrard and Haselden Construction are continuing to work closely to ensure this limited delay will not add any costs to the building project. Regardless, approving the amendment will have no impact on this. Requested action: Approve the Amendment One to the original Development Agreement between Gerrard Investments, LLC and Larimer County, which was executed on July 7, 2016. Potentially Affected Interest: Larimer County, Gerrard Investments, LLC, City of Loveland, Haselden Construction, Freedom Storage development group, other commercial property owners at the northwest corner of East 1st Street and Denver Ave. in Loveland, Level of Public Interest and Participations: The original development agreement was executed following a competitive RFP process, so the public were informed during that public process. Public interest in this amendment is unexpected, because the basic agreement remains intact and only delays by two months the construction of the site and street work. Audio/Visual/Computer Needs: None

27154 County Road 13 / Johnstown, CO 80534 office 970.669.1463 / fax 970.669.1964 September 13, 2017 Mr. Ken Cooper Larimer County 200 W. Oak Street Fort Collins, CO 80521 Re: Deadline Extension- The Agreement for Construction and Installation of Development Improvements Mr. Cooper: Gerrard Investments respectfully requests an extension to the deadline for all offsite improvements at the Denver and First Avenue Larimer County facility site from October 3, 2017 until December 4, 2017, with substantial completion by November 3, 2017. The reasons for the extension are as follows: 1) The prairie dog relocation and the Red Tailed Hawk nest. 2) Cease and Desist demand from Freedom Storage. 3) Negotiations with the Freedom Storage regarding the scope of offsite work and the use of the easement across their property. 4) Additional underground infrastructure work completed by Freedom Storage that was not contemplated in the Agreement between Gerrard and Larimer County. Prairie Dog Relocation and the Red Tailed Hawk Nest Gerrard received commencement of work approval from the City of Loveland on March 21, 2017. The Prairie dog relocation was complete in mid-april and construction crews were allowed only limited access to the site due to concerns with the Red Tailed Hawk nest. -Approximately 24 day delay for commencement of work on Opal Place, Trona Avenue, and Halite Street. Commencement of work not yet approved for Peridot Avenue. Negotiations with the Freedom Storage Regarding the Scope of Offsite Work and the Use of the Easement Gerrard Investments agreed with the City and the County to honor a June 23, 2017 Cease and Desist letter sent from Freedom Storage to the City of Loveland for any work within the dedicated right-of-way known as Peridot Avenue. This created the need for negotiations with Freedom Storage and a Resolution from the HOA to authorize Gerrard and the County to proceed with work within the private roads and dedicated public right-of-way. Gerrard received an HOA Resolution authorizing work within the right-of-way on August 4, 2017. At about the same time, Freedom Storage decided to proceed, on their own, with the additional infrastructure under Peridot. City of Loveland preconstruction (commencement of work) meeting for work in Peridot Avenue, delayed from March 21, 2017 (signed plans) until August 16, 2017. -106 day delay. Additional Underground Infrastructure Work Completed by Freedom Storage Freedom Storage contracted with a separate company to install additional underground infrastructure in Peridot Avenue that was not contemplated in the Agreement between Gerrard and the County. -12 day delay for sewer line installation. -7 day delay for storm sewer and water services installation.

Total delay days experienced 149 days. Gerrard is requesting a 44 day extension. It is not contemplated that these delays will have any impact on the County facility project schedule. Thank you for your consideration in this matter. Sincerely, Gary Gerrard Gerrard Investments, LLC President

FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION AND INSTALLATION OF DEVELOPMENT IMPROVEMENTS This First Amendment to Agreement for Construction and Installation of Development Improvements (Amendment) is made and effective this 19 th day of September 2017, between the Board of County Commissioners of Larimer County ( County ) and Gerrard Investments, LLC, a Colorado limited liability company ( Gerrard ). WHEREAS, County and Gerrard entered into an Agreement for Construction and Installation of Development Improvements dated July 7, 2016 ( Agreement ); and WHEREAS, pursuant to the Agreement, Gerrard was to construct and install certain offsite improvements necessary to serve development of the County s property located at First Street and Denver Avenue in Loveland, Colorado; and WHEREAS, Gerrard was to complete construction and installation of the improvements on or before October 3, 2017; and WHEREAS, certain unanticipated delays in construction and installation of the improvements have occurred as a result of prairie dog relocation, negotiations between Gerrard and a third-party property owner and installation by the third-party property owner of additional underground infrastructure; and WHEREAS, Gerrard has requested that the completion date for construction and installation of the improvements be extended to December 4, 2017, with substantial completion by November 3, 2017; and WHEREAS, County is willing to grant Gerrard s request to extend the completion date. NOW, THEREFORE, in consideration of the covenants and obligations herein expressed, it is agreed by and between County and Gerrard as follows. 1. The Agreement shall be and is hereby amended to extend the date for Gerrard s construction and installation of the offsite improvements to serve development of the County s property located at First Street and Denver Avenue in Loveland, Colorado to and including December 4, 2017, with substantial completion no later than November 3, 2017. 2. Except as amended above, all terms and conditions of the Agreement are unchanged. Page 1 of 2

BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO By: Name Title: ATTEST: Deputy Clerk to the Board GERRARD INVESTMENTS, LLC a Colorado limited liability company By: Name Title: Date: Approved as to form: County Attorney Date: Approved as to form: Attorney for Gerrard Jshdocs/county/Gerrard Agreement for construction of improvements amendment one 9-13-17 Page 2 of 2