HomeMy WebLinkAbout920215.tiff RESOLUTION
RE: WAIVE TIME FRAME OF NOTICE OF ANNEXATION REPORT - THERMO PARK DEVELOPMENT
FOR CITY OF FT. LUPTON
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been given timely notice of the pending petition
for the Thermo-Carbonic annexation to the City of Ft. Lupton in conformance with
Section 31-12-108(2) , CRS, as amended, which notice contained maps and
information on services to the proposed area of annexation, and
WHEREAS, the Board has been presented with an annexaton impact report which
meets the requirements of Section 31-12-108(5), CRS, as amended, but was not
received twenty days prior to the annexation hearing before the City of Ft.
Lupton, and
WHEREAS, because the information required in the annexation impact report
was generally available in a timely fashion, although the formal report was not
timely, the County and the public was not denied information regarding the
proposed annexation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the timely filing of the annexation impact report,
pursuant to Section 31-12-108(5) , CRS, as amended, for the Thermo-Carbonic
Annexation to the City of Ft. Lutpon be, and hereby is, waived.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 11th day of March, A.D. , 1992.
442
BOARD OF COUNTY COMMISSIONERS
41 ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to t e Board EXCUSED DATE OF SIGNING
Geo Kennedy, Chairman
BY: � /l F
Deputy Clerk to tht-Board� Constance L. Harber , ro-Tem
rrr777
APPROVED AS FORM: 'W
C. Ki b /
County Attorney Go o . Lacy
W. H. Webster
920215
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P.O. BOX 148 COUNTY OF WELD
- - 130 S. McKINLEY AVENUE
FT. LUPTON, CO 80621 (303) 857-8694
March 5, 1992
Board of County Commissioners
Weld County
ATTN: Don Warden, County Administrator
915 Tenth Street
Greeley, CO 80632
Dear County Commissioners :
Pursuant to Section 31-12-108 . 5 ( 1) , C.R. S . , the City of
Fort Lupton hereby provides the Board with the following
attached information. This information is in response to
the latest direction by the County not to waive the
requirements of this Statutory Section. The City of Fort
Lupton is requesting that the time frame for these
requirements be waived pursuant to all laws and regulations
setforth by the State and Weld County. The Thermo
Carbonic, Inc. annexation and zoning will become effective
on March 25, 1992 after passage of the applicable ordinances .
If you have any further questions regarding this matter,
please feel free to contact Mr. David Yamada, City
Administrator or myself at your earliest convenience.
Sincerely,
Eugene S . R olds
Mayor
City of Fort Lupton
cc: Leonard McCain
Jerry Dahl
City Council
920215
cc J'1� , G, Caa, 50 , C ��
CITY OF FORT LUPTON ANNEXATION IMPACT REPORT
MAP OF CITY AND VICINITY - Map attached as Exhibit A.
MAP OF PRESENT UTILITIES INCLUDING STREETS, WATER, SEWER AND
PROPOSED EXTENSIONS - Map attached as Exhibit B.
MAP SHOWING EXISTING AND PROPOSED LAND USE PATTERN IN THE
AREAS TO BE ANNEXED - Map attached as Exhibit C.
A COPY OF THE ANNEXATION AGREEMENT - Copy attached as
Exhibit D.
A STATEMENT SETTING FORTH THE PLANS OF THE MUNICIPALITY FOR
EXTENDING TO OR OTHERWISE PROVIDING FOR, WITHIN THE AREA TO
BE ANNEXED, MUNICIPAL SERVICES PERFORMED BY OR ON BEHALF OF
THE MUNICIPALITY AT THE TIME OF ANNEXATION. - All terms for
extension of services is covered in the attached Exhibit D,
Annexation agreement.
A STATEMENT SETTING FORTH THE METHOD UNDER WHICH THE
MUNICIPALITY PLANS TO FINANCE THE EXTENSION OF THE MUNICIPAL
SERVICES INTO THE AREA TO BE ANNEXED. - The City of Fort
Lupton will provide needed utilities and services to the
property to be annexed pursuant to the attached Exhibit D,
final Annexation Agreement.
A STATEMENT IDENTIFYING EXISTING DISTRICTS WITHIN THE AREA
TO BE ANNEXED - School District RE 8; Aims Community
College; Fort Lupton Fire Protection District; Central
Colorado Water Conservancy District; Weld/Fort Lupton
Library District;
A STATEMENT ON THE AFFECT OF ANNEXATION UPON LOCAL PUBLIC
SCHOOL DISTRICT SYSTEMS, INCLUDING THE ESTIMATED NUMBER OF
STUDENTS GENERATED AND THE CAPITAL CONSTRUCTION REQUIRED TO
EDUCATE SUCH STUDENTS . - Thermo Carbonic, Inc of Fort Lupton
will not significantly impact the existing school system.
The project will employ 15 to 20 technical personnel to
operate the plant and 10 to 15 employees to provide
maintenance. The host operation which is the Hydroponics
Greenhouse operation will employ some 65 people of various
skills full time. This operation may impact the schools to
some degree, however, we can expect that the employees will
be hired from the various communities such as Hudson,
Platteville, Keensberg and Tri-town area.
9 2215
CITY OF FORT LUPTON
APPLICATION FOR ANNEXATION
Date: December i3 , 1991
1) Name of Property Owners: Thermo Carbonic, Inc.
& Rennoc Corporation
Address : 5840 Dahlia Street, Commerce City, CO 80022
Phone: 289-7720
Contact Person: Curtis R. Jensen
Address: 5840 Dahlia Street, Commerce City, CO 80022
Phone: 289-7720
2) Nature of Request : Annexation of 336 . 144 acres, more or
less, to the City, as described in Annexation Agreement of
12/6/91 (attached)
3) Reason for Request : See Attached Agreement
4) General location: See attached Agreement at Exhibit B
5) Legal Description with Plat showing the following: Ten (10)
prints
A. Plat and legal description in conformance with State
Statutes pertinent to annexation.
B. Vicinity Map
C. Percent and location of contiguous boundary to the
existing City limits.
D. Certifications
See Annexation Petition with attachments.
6) Utility Extension Policy agreement: See attached Annexation
Agreement
7) Proposed dedication of water and proof of ability to provide
such water to the City: See attached Agreement.
8) Annexation Fees : 0±.1
9) Signature of Applicant :
Curtis R. Jen eh
Agent for Applican s��
Date: — LG te.)
1
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EXHIBIT D
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into as of this 6th
day of December, 1991, by and between Thermo Carbonic, Inc.
( "Thermo") , and Rennoc Corporation ( "Rennoc" ) , hereinafter
collectively referred to as "Annexors" , and The City of Fort
Lupton, Colorado, a Colorado municipal corporation located in Weld
County, Colorado, hereinafter referred to as "City" , all of which
entities are sometimes referred to herein as the "parties" .
WITNESSETH:
WHEREAS, Annexors are the owners of the real property
described in Exhibit "A" attached hereto (the "Property" ) , and have
filed or will soon file a petition or petitions to annex the
Property to the City; and
WHEREAS, the City believes it is in the best interests of
the City that the whole parcel representing the Property be annexed
into the City; and
WHEREAS, the parties wish to set forth their agreement
with respect to the terms and conditions upon which the Property
will be annexed to the City; and
WHEREAS, the annexation of the Property into the City
will benefit the City as a result of the economic activity to be
generated by development of the Property;
NOW THEREFORE, in consideration of the foregoing and the
mutual covenants, promises and agreements of each of the parties
hereto, the sufficiency of which is hereby acknowledged, the
parties agree as follows :
A. ANNEXATION
1. The City agrees to the annexation of the whole
parcel representing the Property, recognizing that in the
long term, said annexation shall be in the best interests
of the City.
2 . The parties recognize and acknowledge that,
because of the present statutory requirements relating to
annexation and the size of the Property to be annexed,
this annexation shall be accomplished serially in two
parcels .
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B. WATER SUPPLY
1 . Annexors will connect the Property to the
City' s municipal water system, including the extension of
water service lines, and facilities, provided, however,
that the Annexors' total share of such cost for
connection, extension, and for connection, expansion and
extension of sewer service lines as described at
Paragraph C. 1 below, shall be limited to those costs
attributable to provision of such water and sewer service
to Thermo, Thermo' s affiliates, (defined as any company
owned by, a subsidiary of, or under the legal control of
Thermo) , and the initial thermal host, which is presently
anticipated to be a greenhouse, all collectively referred
to herein as "the Project" . It is the intention of the
parties that service linesand facilities fully dedicated
to the service ofthe Project shall be constructed by
Annexors or their agents or contractors in a manner
acceptable to the City. Except as otherwise provided
herein, Annexors have the exclusive right, but not the
obligation, to extend, re-route, expand or oversize such
service lines or facilities for the purpose of accommo-
dating users other than those associated with the
Project. To the degree Annexors exercise this right, all
such costs shall be borne by Annexors and Annexors are to
be reimbursed in the customary manner from other users
when -other users benefit from said lines, including
receipt of tap fees from such users . The City under-
stands that the Annexors have a right to obtain reim-
bursement from subsequent developers of the Property on
a pro-rata basis based on use and the City will use its
best efforts to cooperate with annexors to achieve said
reimbursement. However, in the event that reimbursement
is not accomplished, the City shall not be held responsi-
ble or be obligated to see to the reimbursement . The
parties have agreed on the following sequence for
developing the necessary quantities of water required for
the Project, including the timing and sequence of the
following activities :
a. The City shall supply to the Project
an annual average water demand of 1280 gallons
per minute (gpm) . The City shall also supply
up to 3300 gpm during peak demand periods;
however, the peak water usage rate shall not
exceed 3300 gpm for more than six hours in any
24 hour period nor shall the total volume of
water provided by the City in any 24 hour
period exceed 2 . 66 million gallons . Any
water demands or volumes exceeding these
requirements are not required to be provided
by the City. The • City shall have no
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obligation to provide potable water for use by
the Project .
b. Annexors shall design, construct,
and start up a new water pumping station,
meter vault, and pipe line that will connect
to the City's water distribution system in the
vicinity of 9th Street and College Avenue and
shall extend to the Project site. The new
water pumping station and meter vault shall be
constructed to all City, state, and federal
regulations for potable water systems . Annex-
ors shall be responsible for receiving all
permits, rights-of-way, land acquisition, and
approvals necessary to construct the new
pumping station and transmission line. The
transmission line shall have a minimum diame-
ter of 14 inches. At the City' s discretion,
the pump station will be located either in the.
vicinity of 9th Street and College Avenue or
14th Street and College Avenue. If the 14th
Street and College Avenue site is selected by
the City, then the portion of transmission
line between 9th Street and College Avenue and
the pump station will be dedicated to the City
immediately upon construction. The pump
station, meter vault, and remaining portions
of transmission line will be dedicated to the
City upon construction, but for the life of
the Project, all operating, maintenance, and
other costs and expenses for the new pumping
station, meter vault, and remaining portions
of transmission line shall be paid by the
Annexors . For the life of the Project ,
Annexors will be directly responsible for the
oversight, management, and operation of the
new pump station, meter vault, and transmis-
sion line. Upon termination of the Project,
the City will assume all responsibilities for
operating and maintaining the new pumping
station, meter vault; and remaining portions
of transmission line. At a minimum, the pump
station and meter vault shall have a double
check valve backflow preventer, a radio con-
trolled valve and piping to allow well water
during average demands and supplemental tank
water during peak demands. (or an alternative
design acceptable to the City) , and shall have
radio controlled telemetry compatible with the
City' s computer system so that instantaneous,
daily, weekly, monthly, and yearly flow rates
and volumes can be automatically dispatched to
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the City' s computer network. In addition, the
meter vault shall have a manually recording
flow meter to provide a backup source of flow
records . The Annexors shall submit design
drawings and specifications for the new pump
station, meter vault, and transmission line to
the City for review and approval prior to any
construction activities . The City shall
inspect all construction materials prior to
construction. Additionally, the City shall
perform a pre-final and final inspection prior
to accepting the project related water system
improvements.
c . The schedule for developing the
necessary quantities of water required for the
Project shall be as follows:
(1) City performs engineering
study and develops recommended plan for
additional water supplies .
December 1, 1991 through April 1, 1992
(2) City prepares design drawings
and specifications .
April 1, 1992 through October 1, 1992
(3) City begins sequentially
phased construction of the recommended
plan until it can be verified that the
improvements can indeed deliver the addi-
tional water supply demand of at a mini-
mum 1280 gpm.
October 1, 1992 through October 1, 1993
(4) Not earlier than March 1,
1992 , and until the water supply
improvements described in (3) above have
been constructed by the City, the City
shall supply water to the Project for
construction purposes, as requested but
only as available. No later than October
1, 1993 , the City shall provide full
operational water supply as provided
herein.
d. Upon termination of the Project, the
commitment on the part of the City to supply
water shall cease and any continued use shall
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comply with Federal, State and City ordinances
and regulations and the costs for water relat-
ed to said use shall be charged at the then
current rate charged by the City to its water
users.
2 . In consideration of the mutual promises and
benefits of this Agreement, and Annexors' agreement to
pay for the pump station, meter vault and transmission
line, Annexors shall not be obligated to pay to the City
any water tap fees associated with the connection of the
Property to the City' s municipal water system.
3 . In fulfillment of the requirements of Fort
Lupton Ordinance No. 591, and more particularly, in
satisfaction of the "in lieu" provisions set forth
therein, Annexors will purchase and dedicate to the City
five (5) CBT units or other equivalent amount of accept-
able water rights. In addition, Annexors shall reimburse
the City for the City' s cost to acquire additional
protection from the approved augmentation program of the
Groundwater Appropriators of the South Platte (GASP) in
an amount necessary to enable the City to provide
Annexors with water service from the City' s alluvial
wells. The current cost of such protection is not
expected to exceed $2 , 000 per year. Annexors shall not
be required to purchase any additional water supplies as
a condition of annexation or of obtaining water service
from the City' s municipal water system. It is the
intention of the parties that this limitation apply to
any and all present or future requirements for the
purchase or dedication of additional water supplies,
including Colorado-Big Thompson (CBT) or other water
supplies, it being the understanding of the parties
hereto that Annexors shall have no obligation to purchase
or dedicate additional water supplies to the City beyond
those described in this Paragraph 3 . Provided, however,
that the water dedication requirement of Ordinance No.
591 shall continue to apply to that portion of the
Property not devoted to the Project, in the event and
only to the extent that future development of said
portion of the Property requires water other than that
available from the City' s alluvial wells, and the
required water dedication shall not exceed the projected
amount of such non-alluvial water to be used by such
future development . Annexors shall place an appropriate
restrictive covenant of record to ensure this condition.
4 . Upon connection of the Project to the City' s
municipal water system such that water is physically
capable of being furnished to the Project, Annexors will
GED1438381406.1 - 5-
reimburse, on a monthly basis, the City for the water
supplied to the Project as follows:
• a. Annexors shall pay a monthly fee
based on the volume of water used during that
month. Annexors shall pay $0 .25 per thousand
gallons for all water used up to a maximum 24
hour volume of 2 . 66 million gallons. For any
water use exceeding this volume limit in a 24
hour period, Annexors shall pay the then
current rate charged by the City to its resi-
dential water users. The metered rate charged
for each 1, 000 gallons of . water shall be
adjusted on the first day of each calendar
year, beginning in 1993 , by the percentage
change occurring during the previous calendar
year in the Producer Price Index of Industrial
Commodities (1982 = 100) published by the
United Stated Department of Labor. The ad-
justed rate shall be determined by multiplying
the then in effect unit price by a fraction,
the numerator of which shall be said index for
the year just ended and the denominator of
which shall be said index for the year
immediately prior thereto.
5 . Except as otherwise provided in this Agreement,
the City may restrict the service of municipal water to
the Project to that available from the City' s alluvial
wells. One or more of said wells may be wholly dedicat-
ed to the service of the Project, as the parties may
agree. The City may require Annexors to curtail or
temporarily halt water use at times of insufficiency in
supply due to an emergency, including, but not limited
to, increased demand by the City resulting from extreme
weather conditions, fire, water line blockage or break-
age, and so forth. Except as otherwise provided in this
Agreement, Annexors shall not be entitled to obtain CBT
water from the City but must use City well water. All
new wells and infrastructures remain the property of the
City.
6 . To the degree any portion of the Property is
developed for use by others for any development other
than the Project, the City may require or impose any tax,
fee, connection or facility charge, or service fee or
fees whatever, free from any limitation contained herein.
7. Notwithstanding anything herein to the con-
trary, the provision for water service to the Annexors'
property as provided herein shall be solely for the
purpose of providing water for the Project and no other
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user in the annexed area shall take advantage of the
provisions of this Agreement and if any other user in
Annexors' property requires water service that user shall
be required to obtain service from the City in accordance
with City ordinances, rules and regulations .
C. SEWAGE TREATMENT
1. Annexors will connect the Property to the
City's municipal sewage treatment system, including the
extension of sewer service lines. Annexors' cost for and
right in such connection and extension shall be as
described at Paragraph B. 1, above.
2 . In consideration of the mutual promises and
benefits of this Agreement, and the agreement of Annexors
to pay for extension, connection, and other facilities,
Annexors shall not be obligated to pay to the City any
sewage tap fee associated with connection of the Property
to the City' s municipal sewage system.
3 . Upon connection of the property to the City' s
municipal sewage system such that sewer service is
physically capable of being furnished to the Property,
Annexors will reimburse, on a monthly basis, the City for
the Sewer service supplied to the Project as follows :
a. Annexors shall pay a monthly fee
based on the volume of wastewater treated
during that month. Annexors shall pay $0 .20
per thousand gallons for all wastewater treat-
ed up to a maximum 24 hour volume of 0 .43
million gallons. For any wastewater treatment
exceeding this volume limit in a 24 hour
period, Annexors shall pay the then current
rate charted by the City to its industrial
wastewater users. The rate charged for each
1, 000 gallons of wastewater shall be adjusted
on the first day of each calendar year, begin-
ning in 1993 , by the percentage change occur-
ring during the previous calendar year in the
Producer Price Index of Industrial Commodities
(1982 = 100) published by the United States
Department of Labor. The adjusted rate shall
be determined by multiplying the then in
effect unit price by a fraction, the numerator
. of which shall be said index for the year just
ended and the denominator of which shall be
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said index for the year immediately prior
thereto.
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4 . Annexors shall limit their wastewater charac-
teristics and flow rate discharges as follows :
a. The five day biological oxygen
demand and the total suspended solids in the
Annexors' wastewater discharges shall not
exceed 100 pounds per day, for each parameter
respectively.
b. The total phosphorus in the An-
nexors' wastewater discharges shall not exceed
100 pounds per day.
c. The ammonia in the Annexors' waste-
water discharges shall not exceed 50 pounds
per day.
d. The total dissolved solids in the
Annexors' wastewater discharges shall not
exceed a maximum concentration of 7, 000 milli-
grams per liter.
e. The City shall be responsible for
treating a maximum wastewater flow rate of 300
gpm. The City shall not be responsible for
any flows in excess of this rate or a maximum
daily volume of 0 .43 million gallons.
f . Annexors shall construct wastewater
flow equalization and flow recording facili-
ties at their Project so that wastewater flows
can be equalized, flow controlled, and me-
tered. Sanitary sewer flows shall be separat-
ed from nonsanitary flows and shall directly
flow to the sanitary sewer without flow equal-
ization. Nonsanitary sewer flows shall be
collected and flow equalized such that they
can be either discharged at a continuous
minimum rate during a 24 hour period or dis-
charged as a surge during a six hour period
between midnight and 6 : 00 a.m. The method of
operation will be coordinated with the City
and adjusted to meet emergency conditions as
may be necessary by either party.
g. Annexors' wastewater discharges
shall comply with all state and federal pre-
treatment regulations. If necessary, Annexors
shall be required to limit excess concentra •
-
tions of metals, organics, oils, or other
contaminants that either interfere with or
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adversely impact the City' s wastewater treat-
ment system.
h. Upon termination of the Project, the
commitment on the part of the City to supply
sewer service shall cease and any continued
use shall comply with Federal, State and City
ordinances and regulations and the costs for
sewer service related to said use shall be
charged at the then current rate charged by
the City to its sewer service users .
5. Notwithstanding anything herein to the con-
trary, the provision for sewer service to the Annexors'
property as provided herein shall be solely for the
purpose of providing sewerage service for the Project and
no other user in the annexed area shall take advantage of
the provisions of this Agreement and if any other user in
Annexors' property requires sewer service that user shall
be required to obtain service from the City in accordance
with City ordinances, rules and regulations .
6. To the degree any portion of the Property is
developed for use by others for any development other
than the Project, the City may require or impose any tax,
fee, connection or facility charge, or service fee or
fees whatever, free from any limitation contained herein.
7. Annexors shall pay the following additional
costs in association with the extension of sewage
treatment service to Property:
a. Annexors will reimburse the City for
the cost of oversizing the final clarifier at
the City' s new wastewater treatment plant for
expansion due to Annexors' needs. This cost
is $38, 000.
b. Annexors will reimburse the City for
the cost of designing and construction new
filters at the new wastewater treatment plant
provided, however, that the following condi-
tions are first met:
(1) The City will make its best
attempts to optimize the performance of
the new treatment plant to meet all dis-
charge requirements. The City will also
coordinate its efforts with the Annexors
• to attempt to find an operating strategy
:or discharge sequence that maximizes
treatment performance. However, if ,
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after the City' s and the Annexors' best
attempts, the treatment system cannot
meet the mandated requirement to remove
85 percent of the incoming biological
oxygen demand and suspended solids loads,
then filtration of all wastewater flows
will be required. All best efforts to
optimize the treatment performance of the
existing system will be completed no
later than April 1, 1995 .
(2) Annexors will be required to
reimburse the City for the cost of the
filters if it can be demonstrated that
the new wastewater treatment plant cannot
meet its discharge permit either for two
consecutive months or for two months out
of any year due to the excess flows and
dilution problems directly attributable
to the Annexors' discharges . Annexors
will be required to reimburse the City
for all engineering, construction, and
startup costs associated with the imple-
mentation of the filters if they are
needed. In no event shall the total cost
to Annexors exceed $750, 000 as adjusted
as provided herein, based on an ENR
construction cost index of 4892, October
1991. However, the $750, 000 upper limit
cost shall be adjusted at the time of bid
opening for the filter project to reflect
the inflationary difference between the
October, 1991 cost estimate of $750, 000
and the ENR Construction Cost Index for
the actual month of Bid Opening .
Therefore, the maximum total cost shall
be adjusted at the time of Bid Openings
and shall be determined by multiplying
$750, 000 by a fraction, the numerator of
which shall be the ENR Construction Cost
Index for the month of the Bid Opening
and the denominator of which shall be
4892 . If the total cost exceeds this
amount, the City shall bear such excess .
(3) Filters will be constructed by
the City based on a maximum loading rate
• of 4 . 0 gpm per square foot using con-
struction materials and standards meeting
all City, state and federal requirements .
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8 . Annexors shall monitor and sample all waste-
water flows for two weeks after substantial completion of
the initial phase of the Project . Samples shall be
collected daily and flow weighted/composited into a
single sample. The samples shall be analyzed for the
parameters requested by the City. Provided all samples
are within the parameter limits set in Paragraph C.4 ,
then subsequent testing shall occur on only one day, only
once per quarter.
D. DRAINAGE FEES
1. Annexors shall be exempt from all applicable .
municipal drainage fees, provided, however, that Annexors
will prepare and implement a drainage plan acceptable to
the City prior to the substantial construction of the
Project. The Project shall comply with all local, state
and federal drainage rules and regulations in effect
currently and which may become applicable in the future.
E. BUILDING PERMITS AND INSPECTION
1. As a building permit fee and in full satisfac-
tion of any and all building permit fees associated with
construction of the Project, Annexors will reimburse the
City for the City' s cost to maintain a building inspector
as an employee or subcontractor of the City for the
duration of project construction on the Property, or
three years, whichever is shorter, commencing upon the
date Annexors secure construction financing. Annexors
shall provide up to $5, 000 per month, based upon the
City' s estimated costs (for the first year) , and the
City' s actual costs (for the second and third year) of
the inspector' s salary and benefit package, if any, or
subcontractor contract price, payable annually in advance
with the first year commencing after Annexors secure
construction financing, and the first annual payment made
on or before five business days after such financing is
secured. The building inspector shall not, for any
purpose, be an employee of Annexors, but instead shall be
an employee or subcontractor of the City. Annexors shall
have no role whatsoever in the selection, hiring,
supervision or discharge of said inspector; Annexors'
sole obligation being the reimbursement of the costs
described in this Paragraph.
2 . The parties agree that the City shall grant,
upon annexation, a building permit for all facilities of
the Project which are complete or substantially complete
by January 1, 1995, subject to Annexors' agreement to
fully and continuously comply with all the provisions of
the ordinances of the City in force and effect on the
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date of execution of this Agreement, as well as the
Uniform Building Code, including providing the City with
all information necessary to enable the City to determine
compliance with the Uniform Building Code . Any
development subsequent to January 1, 1995 by other
parties for any development other than the Thermo
cogeneration plant site on other portions of the property
shall be subject to full building permit review and
payment of fees .
3 . Other than as described at Paragraph) of this
Section E, no other fee, cost or charge will be assessed
to Annexors for issuance of the building permit .
4 . The parties understand and agree that the
building inspector hired by the City as contemplated by
this Section E shall have full authority on behalf of the
City to inspect the Project and its ongoing construction,
and to implement and enforce the terms of the building
permit contemplated by this Section as well as applicable
Uniform Codes .
5 . The City agrees to take all steps necessary to
reassume the building inspection program from Weld
County, such reassumption to be effective on or before
the date of annexation of the Property.
F. ZONING
The City recognizes that it is the intent of
Annexors to develop the Property for industrial purposes,
and to that end, the rezoning by the City shall be as
follows :
1. 80 acres (shown as Parcel 1 on Exhibit "B" )
shall be zoned "I-2, Heavy Industrial" , with such uses by
right allowed by the zoning ordinance in effect at the
date of execution of this Agreement. The parties
recognize that Thermo is a manufacturer of tangible
personal property, including electricity, thermal energy
and related energy by- products;
2 . 87. 043 acres (as shown as Parcel 2 on Exhib-
it "B" ) shall be zoned "I-2 , Heavy Industrial" , with such
uses as provided under the zoning ordinance of the City
as it may be amended from time to time; and
3 . 169 . 1010 remaining acres (shown as Parcel 3 on
Exhibit "B" ) shall be zoned agricultural, subject to all
ordinanbes, rules and regulations of the city regarding
use of said property.
GfDWJfl38l406.1 -12-
920215
G. NATURAL GAS SERVICE
Annexors shall, at their sole cost and expense,
provide for the service of the Property with natural gas .
The parties acknowledge and agree that the Property shall
not be subject to existing or future retail natural gas
franchise distribution agreements .
H. ELECTRIC UTILITY SERVICE
Annexors shall purchase their retail electric
utility service (if any such service shall be required)
from the United Power Company or successor in interest to
that Company.
I. OTHER FEES RELATED TO ANNEXATION
Except as otherwise provided in this Agreement,
Annexors shall pay all ordinary and customary charges of
the City related to annexation and development of the
Property.
J. LAND DEDICATION AND PUBLIC IMPROVEMENTS
1. Annexors shall provide a site, not to exceed
two (2) acres, within the confines of the Property for a
future fire station, the location of such site to be
mutually agreed upon by the City and Annexors. In
addition, Annexors shall convey, by warranty deed, the
following real property to the City:
a. A roadway easement along the entire
eastern boundary of the Property, not to
exceed 40 (forty) feet in width.
b. A roadway easement along the half-
section line as it runs within the Property,
not to exceed 80 (eighty) feet in width.
c. The roads referenced in subpara-
graphs a and b above shall be improved by
Annexors, at their sole cost and expense,
according to City standards under the City' s
subdivision regulations, and upon approval by
the City, within 180 days of the annexation
and platting of the adjacent property to the
east .
Annexor shall grant, by recorded instrument, an option in
the City to acquire at no cost a site, not more than 35
(thirty-five) acres within the Property, for economic
development purposes for thermal users acceptable to
GED\43$31\106.1 -13-
97,0215
Thermo only, in a suitable location and adequate size as
may be agreed between Annexors and the City and at the
time requested by the City.
Only in the event the roadways for which easements are
granted as described at Paragraphs l.a and l.b hereof are
needed to serve the Project, Annexors shall construct
said roads, including placement, design and location of
curb cuts, all to the satisfaction of the City.
Placement and construction of interior roads within the
Project site shall be wholly within the control of
Annexors. Other than as described in this Section J, no
other land dedications or conveyances are required or
contemplated by the parties.
2 . In the event Annexors choose to lease, trans-
fer, assign or convey, at any time in the future, any
portion of the Property not used for the Project, to any
person or entity other than Thermo or a Thermo affiliate,
Annexors shall subdivide the appropriate portion of the
Property prior to the issuance of building permits . Said
subdivision shall be according to City subdivision
regulations and shall allow for street dedications,
street improvements, public open spaces, and suitable
street alignments . The subdivision plan shall be
approved by the City in accordance with City subdivision
regulations.
K. GENERAL PROVISIONS
1. In the event only a portion of the Property is
annexed, this Agreement shall, at the sole and exclusive
option of Annexors, be valid only as to that portion of
the Property so annexed, or only with respect to water
and sewage treatment service, as described at Sections B
and C hereof. This Agreement is contingent upon financ-
ing, as described at Paragraph K. 8 below.
2 . This Agreement shall be recorded with the Clerk
and Recorder for Weld County, Colorado, shall run with
the land and shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the
parties hereto. Annexors shall notify the City of
assignments and the names of assignees.
3 . If the annexation of the Property or any
portion thereof is voided by initiative or referendum,
the City agrees to cooperate with Annexors to continue
providing water and sewer service to the Property so
• disconnected, as provided in this Paragraph. The City
and Annexors agree to pursue all reasonable methods to
continue such service, including but not limited to
GED43S3t\•06.I -14-
92;0215
extra-territorial water and sewer contracts . The parties
hereby agree that those provisions of this Agreement
pertaining to water and sewer service shall remain
• binding in the event of initiative or referendum, and
shall become part of such extraterritorial water and
sewer contracts, provided however, that Annexors make
payments to the City of a fee, in the same amounts and at
the same times, as the City had received property tax
revenues attributable to the Project while the Project
was legally within the City; it being the intention of
the parties that the revenue received by the City as a
result of the assessed valuation attributable to the
Project not be interrupted due to disconnection or
deannexation.
4 . In the event that the annexation of the
Property or any portion thereof is voided by final action
of any court (such action not being associated with a
referendum or initiative action) , the City and Annexors
shall cooperate to cure the legal defect which resulted
in disconnection of the Property, and upon such cure this
Agreement shall be deemed to be an agreement to annex the
Property to the City pursuant to section 31-12-121,
C.R.S . Annexors shall reapply for annexation as and when
the Property becomes eligible for annexation as deter-
mined by the City. The parties hereby agree that should
the Property, or any portion thereof , be disconnected as
described in this Paragraph 4, those provisions of this
Agreement pertaining to water and sewer service shall
remain binding and shall govern the continued service of
water and sewer service to the Property on the terms
provided in Sections B and C herein, provided however,
that Annexors make payments to the City of a fee, in the
same amounts and at the same times, as the City had
received property tax revenues attributable to the
Project while the Project was legally within the City; it
being the intention of the parties that the revenue
received by the City as a result of the assessed valua-
tion attributable to the Project not be interrupted due
to disconnection or deannexation.
5 . It is understood and agreed by the parties that
if any part, term, or provision of this Agreement is held
by any court of competent jurisdiction to be illegal or
in conflict with any law of the state of Colorado, the
validity of the remaining portions or provisions shall
not be affected, and the rights and obligations of the
parties shall be construed and enforced as of the
Agreement did not contain the particular part, term, or
provision held to be invalid.
GED\43838\4O5.1 -15-
9'7,0215
6 . This instrument embodies the whole agreement of
the parties . There are no promises, terms, conditions,
or obligations other than those contained herein; and
this Agreement shall supersede all previous communica-
tions, representations, or agreements, either verbal or
written, between the parties. There shall be no modifi-
cation of this Agreement except in writing, executed with
the same formalities as this instrument. Subject to the
conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
7. Upon annexation of the Property, so long as the
Property is located within the municipal boundaries of
the City, it shall continue to be subject to the ordi-
nances, .rules and regulations of the City.
8 . The provisions of this Agreement which require
any payment or payments by Annexors are specifically
conditioned upon Annexors' obtaining construction
financing for Project. In the event no such construction
financing is obtained by May 1, 1994, all provisions of
this Agreement shall be null and void, and the Agreement
shall be terminated. This Agreement shall not terminate
upon annexation of the Property, and shall obligate the
successors and assigns of the parties . The obligations
and benefits of Annexors, as described herein, are joint
and several, and may be performed and enjoyed by either
or both of them, or their successors or assigns, on
behalf of the other, or its successors or assigns .
9 . Upon obtaining construction financing, Annexors
shall provide the City with letters of credit, bonds,
cash or similar guarantees so that the City can be secure
that all the improvements required herein relating to
sewer will in fact be constructed and installed in a
manner acceptable to the City.
10. This Agreement shall be renegotiated by the
parties thirty-five (35) years after substantial
completion of the Project . In the event the parties fail
at that time to agree to a renegotiated Agreement, the
Agreement shall be deemed terminated, and the mutual
obligations of the parties, including service of and
payment for water and sewerage, shall terminate.
GEDMI8J8\405.1 -16-
97,0215
IN WITNESS WHEREOF, the parties hereto have caused their
duly authorized officials to place their hands and seals upon this
agreement the day and year first above written.
THERMO C BON1C, INC.
By:
I
STATE OF COLORADO
J ) ss .
COUNTY OF Q /J fL
i.LThe foregoing instrument was acknowledged before me
this day of n r (\ p n'l d cA , 1991, by }fin rn I )n;) ; 'fir
as �.„ rr4-- of The lo Carbon-
ic, Inc. Annexor.
Witness my hand and official seal .
J
My Commission Expire Pt--c-)9(S—
/ --
ty -O •
Notary Public
RENNOC CORPORATION
By: hal1/41-4. C C . rr►'WS-i‘i)
GED\43838\406.I -17-•
• 92®215
STATE OF COLORADO )
ss .
COUNTY OF (j Ci� In-5 )
1 fr he foreg ing instrument was acknowled ed befor,,me/j
this 1n day of D 1 P n iy-n 1\ PA , 1991, by , o 1Jill (( rli)i1Z
as re .‘ c .. -.-1-Q9 O4 of Rennoc Corporation
Annexor.
Witness my hand and official seal .
My Commission Expire . Sf 5 (Cl
Notary Public
CITY OF FORT LUPTON, COLORADO
a Colorado municipal corporation
By: / p /v
. Mayor
ATTEST:
4...4.4.4_, yn(u t o /
City Clerk(/
OED\438381406.1 -18-
-
920215
--
_ - EXHIBIT A
QAL DESCRIPTION OF PARCEL "10": Township 2 No rch, Range 66 'Wes[ of [r.e
A part of the Northeast one—quarter of Section 33,
6th Principal Meridian, Weld County, Colorado, more particularly described as:
BEGINNING at the one-quarter corner co.m on to Sections 33 and 34; thence S89t59' 12"'d on
an assured bearing along the East-West centerline of said Section 33 a distance of 402.20 feet
to the Last R.O.W. line of Weld County Road 31; thence Northerly along said East Ii.O.'W. line
the following courses: 811°08'11"W a distance of 610.13 feet to the beginning of a curve to
the left; thence along said curve, having a radius of 5759.53 feet, a delta angle of 6022'00",
a chord that bears N14°19'11"4 — 639.67 feet, an arc length of 640,00 feet; thence N17 30'11"W
a distance of 327.18 feet to the beginning of a curve to the right' thence along said curve,
having a radius of 2261.83 feet, a delta angle of 17326'00", a chord that bears N03°147'11"W —
685.55 feet, an arc length of 688.20 feet; thence N0o°04'11"'.: a distance of 406.67 feet .to a
point 30.00 feet South of the North line of the Northeast one-quarter of Section 33; thence
889°36'49"E parallel with said North line a distance of 213.32 feet to the West line of the
North 3/4 of the East one-half Northeast one-quarter Northeast one-quarter of Section 33, thence
S00°10'06"E along said West line a distance of 962.31 feet; thence :189°145'13"E along the South
line of said North three-quarters of the East one-half Northeast one-quarter Northeast one-quarter
of Section 33 a distance of 660,45 feet to the East line of said Northeast one-quarter of Section33;
Thence S00°10'58"E along said East line a distance of 1656.54 feet to the POINT OF BEGINNING.
- Contains: 26.593 acres more or less.
LEGAL DESCRIPTION OF PARCEL 11:
A part of the Soutneast one-quarter of Section 33, Township 2 North, Range 66 West of the
6th Principal Meridian, Weld County, Colorado, being more oart!cularly described as:
Beginning at -the Southeast corner of said Section 33; thence :100°08'24"W on an assured bear-
ing•aiong the East line of said Southeast one-quarter a distance of 211.61 feet to the TRUE
POINT OF BEGINNING; thence along a curve to the left, having a radius of 3849.72 feet a delta
angle of 10°59'47" t:a chord that bears N05°38'18" - 737.x2 feet, an arc length of 733.85 feet;
thence :Ill°08'11"W a distance of 1707.44 feet; thence :199 59'12":. parallel with and 30.00 eet
South of the East-West centerline of Section 33 a distance of 396.36 feet to the East line of
the 0st of said Section 33; thence 800°08'24"E along said East line a distance of 2409.53 feet,
to the TRUE POINT OF BEGINNING.
Contains: 9.317 acres more or less.
i -
LEGAL DESCRIPTION OF PARCEL-12: , Y township 2 North, Range 66 West of the
panto te .dr ;west done-quarter n of Section e , e• thence NJO°10'Sd°W along
6th Principal Meridian, Weld County, Colorado, more particularly described as:
Beginning at the one-quarter corner common to Sections 33 and 34;
the West line of the Northwest one-quarter of said Section 34 a distance of 1656.54 feet West
;
thence N89°41'29°2.Norwwest one-quarterouorthwest one-quth line of e iorth arter of Section;34s of the a d•stancest of t 331.83 1 • feet;
one-half
thence :100°09'47"W along the East line of said North three-quarters of the West one-half vest
pt 2
one-half Northwest one-quarter Northwest one-quarter a distance of 734.60 feet to a -Dint 2 0.00
'feet South of'the North line of the Northwest one-quarter of Section 34; tfeete N89°34'30"E
centerline _pe of feet to e th tionl 314; said
e a along,saidc North-South3 centerlineh a distanceu of 240490 feet to e the
cen , Y; thence 339°53'11"'W along the East-'West centerline of said Section 34
center of said Section 3
a distance to
Contains 140.547 acres �re O OF B..C_..;IING.
e or less .
iI ,
•
LEGAL DESCRIPTION OF PARCEL 13: Section Y 'fownsh!p 2 North, Range 66 West of the
part o ere Gout west .: C one-quarter of ado;_bn 4• thence u00rOy'2e on an assumed
. 6-� �-,_-, a• ver•,','a:, '�el' County, Colorado, being more particularly described as:
' Beginning at the Southwest corner of said Section 3 ,
bearing along the West line of said Southwest one-quarter a distance of 30.00 'le t to along the
s; thence W line
53
TRUE ?DINT OF BEC I:I:I I:IG; thence continuing :100°08'214"W along said West line a distance of
4 a distance of 22649.96 feet to the center of a9tance
2621.14 feet to the West one-quarter corner of said Sectionsaid
Sections; centerline of sa1'2d SEeclong 3
Section 34; thence S00°01'29"E along the North-South centerline of said Section
34of 2 thence
[691°48° a"point allel0 with; -th of 30.00 feethe -outh North of the nter South line of said South-
westIut n
we :hence art d 33 F and 2 44 .75 feet to the T?.UE '. T O? d=SIN
cne-quarter of Section 34 a distance of 6
Contains: 159.724 acres more or less.
10 I 920215
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, PARCEL 1(;. Conic 111 140.447 Actes
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mote o, less. I .2
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