HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/18/2020 - SECOND READING OF ORDINANCE NO. 015, 2020, ADOPTINAgenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY February 18, 2020
City Council
STAFF
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 015, 2020, Adopting a Development Agreement Extending the Term of
Vested Rights for the Montava PUD Overlay and Regarding Certain Terms of Development Within the
Montava PUD Overlay.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on January 14, 2020, by a vote of 5-2 (nays: Cunniff, Gutowsky)
adopts a development agreement regarding the Montava Planned Unit Development (PUD) Overlay to extend
the term of vested rights from three years to twenty-five years and to adopt certain terms regarding
development within the Montava PUD Overlay.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The following changes have been made to the vested Rights Development Agreement between First and
Second Reading:
• Clarify that references to Anheuser-Busch as the property owner are references to the Anheuser-Busch
Foundation with corresponding changes to the definitions. (Changes to various sections in the agreement
and the definitions in Exhibit A)
• Change references to Poudre R-1 School District to Poudre School District R-1. (Changes to various
sections in the agreement)
• Use lower case font for zero energy ready homes and non-potable water system since these are not
defined terms. (Page 5, Section K)
• Move incorporation of recitals to Section I.D. (Pages 6,7)
• Require written consent of the School District to an amendment of the PUD that includes the School Site.
(Page 7, Section 3)
• Make description of purpose for School Site more complete and specify that the descriptions of the School
site may vary to some degree from the attached descriptions. (Page 11, Section A, definitions)
• Clarify that a minor amendment to remove the School Site from the PUD Master Plan is subject to City
review and approval pursuant to the Land Use Code. (Page 12, Section C)
• Rephrase liability to non-liability in caption. (Page 16, Sections L and M)
• Specify that the Anheuser-Busch Foundation will not assume any of the rights of the Developer to develop
any portion of the PUD Property. (Page 16, Section L)
• Add address for notice to U.S. Bank as trustee of the Anheuser-Busch Foundation. (Page 18, Section Q)
• Change to Anheuser-Busch Foundation signature block. (Page 25)
Agenda Item 22
Item # 22 Page 2
• Change to reference the correct number of the PUD Master Plan Ordinance. (Pages 30-31, Exhibit B and
C)
• Minor changes to legal descriptions and maps. (Exhibits D, F, G, H, I)
A version showing the changes is attached and the clean version including the changes is attached to the
Ordinance.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 14, 2020 (w/o attachments) (PDF)
2. Montava Development Agreement Revisions (PDF)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 14, 2020
City Council
STAFF
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 015, 2020, Adopting a Development Agreement Extending the Term of Vested
Rights for the Montava PUD Overlay and Regarding Certain Terms of Development Within the Montava PUD
Overlay.
EXECUTIVE SUMMARY
The purpose of this item is for Council to consider the development agreement regarding the Montava Planned
Unit Development (PUD) Overlay to extend the term of vested rights from three years to twenty-five years and
to adopt certain terms regarding development within the Montava PUD Overlay. The Council process for
considering this item is as follows:
City staff presentation
Applicant presentation (suggested time: 10 minutes)
Public comment
Council deliberation
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A. Vested Rights
Land Use Code (LUC) Divisions 2.15 and 4.29 provide for the establishment of a Planned Unit Development
(PUD) Overlay that is superimposed upon existing zoning and allows additional uses and modified densities and
development standards not otherwise available in the underlying zoning. LUC Section 2.2.11(C) states that in
connection with an approved PUD Overlay and its associated PUD Master Plan, additional uses, modified
densities and development standards, Engineering Standards granted variances pursuant to LUC Section
4.29(L), and development standards that have not been modified are eligible for a vested property right. Vested
property rights are governed by state law and the LUC. A vested property right is the right to “undertake and
complete the development and use of property under the terms and conditions of a site-specific development
plan.” (§ 24-68-102, C.R.S.) A PUD Overlay is considered to be a site specific development plan for purposes
of acquiring vested property rights and during the period for which a vested property right is valid, the holder of
the right is able to develop with the assurance that the uses, densities, and standards that have been accorded
vested property rights cannot be changed by the City except in limited circumstances.
ATTACHMENT 1
Agenda Item 2
Item # 2 Page 2
B. Extended Vested Rights Period
Vested property rights associated with a PUD Overlay are not valid for more than three years unless the City
and developer enter into a development agreement extending the vesting. In order for the City to enter into such
a development agreement, the Director of Community Development and Neighborhood Services (“Director”)
must first determine, “that it will likely take more than three (3) years to complete all phases of the development
and the associated engineering improvements for the development, and only if warranted in light of all relevant
circumstances, including, but not limited to, the overall size of the development and economic cycles and market
conditions.” (LUC Section 2.2.11(C)(2)) If the Director determines that extended vesting is justified, then Council
may approve a development agreement regarding extended vested rights by means of an ordinance.
The Montava developer, HF2M, Inc., (Developer) has requested extended vesting for a period of twenty-five (25)
years for numerous additional uses, modified densities and development standards, Engineering Standards
granted variances pursuant to LUC Section 4.29(L), and development standards that have not been modified.
The letter requesting extended vesting is attached and contains the Developer’s justification why Council should
grant extended vesting including: (1) the size and complexity of the project that encompasses 999 acres,
approximately 4200 dwelling units, and 450,000 to 750,000 square feet of nonresidential uses; (2) multiple
phases; (3) economic fluctuation; (4) significant up-front investment for the land, entitlements to develop, and
over $325 million dollars in public improvements; and (5) the significant public benefits of the proposed
development. The Director has determined that extended vesting is justified as stated in the written
determination dated November 15, 2019, attached to the Ordinance. The Development Agreement sets forth
the additional uses, modified densities and development standards, Engineering Standards granted variances
pursuant to LUC Section 4.29(L), and development standards that have not been modified for which the
Developer is seeking extended vested rights for twenty-five years and additional terms to clarify the City’s and
Developer’s respective obligations regarding such extended vested rights.
C. Clarify Certain Terms Regarding Development Within the Montava PUD Overlay
While the Development Agreement principally addresses extended vesting, it also addresses certain issues
related to development within the Montava PUD Overlay including:
Amendment: Specifies that the Developer and its authorized successors and assigns have the ability pursuant
to the LUC to initiate amendments to the PUD Master Plan without the consent of other owners of property within
the PUD Overlay.
Fees: Specifies that each project within the PUD Overlay shall pay all applicable fees as determined in
accordance with City policies as they exist at the time of development.
School district: Poudre School District (PSD) currently owns property within the PUD Overlay. To facilitate
development within the PUD Overlay, PSD has an agreement to sell its current property and acquire another
property within the PUD Overlay. The closing of the described property transfers is required prior to any
development within the PUD Overlay commencing.
Participation in the defense of legal challenges: Specifies that the City will participate in the defense of legal
challenges to not only the Development Agreement, but also to legal challenges of the PUD Master Plan and
Overlay and any related City resolutions or ordinances.
CITY FINANCIAL IMPACTS
There are no direct financial impacts on the City resulting from the Development Agreement.
BOARD / COMMISSION RECOMMENDATION
No board or commission recommendation regarding the Development Agreement was made or required.
PUBLIC OUTREACH
Agenda Item 2
Item # 2 Page 3
No public outreach regarding the Development Agreement was conducted. Public outreach regarding the
Montava PUD Overlay was conducted.
ATTACHMENTS
1. Vested Rights Request Letter, November 7, 2019 (PDF)
2. Powerpoint presentation (PDF)
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PURSUANT TO TITLE 24, ARTICLE 68, C.R.S.
AND FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE
APPROVAL OF WHICH CREATES A
VESTED PROPERTY RIGHT, VALID FROM THE EFFECTIVE DATE OF THE
ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR
THE MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY
AND MASTER PLAN
DATED __________________, 20____
ATTACHMENT 2
2
TABLE OF CONTENTS
RECITALS ……………………………………………………………………………...3
SECTION I. DEVELOPMENT DOCUMENTS ……………………………………..6
SECTION II. VESTED PROPERTY RIGHT...………………………………………78
SECTION III. FEES …………………………………………………………………..11
SECTION IV. SCHOOL DISTRICT ……………...…………………………………11
SECTION V. MISCELLANEOUS …………………………………………………..12
EXHIBITS
Exhibit A – Definitions
Exhibit B – PUD Master Plan
Exhibit C – PUD Master Plan Summary
Exhibit D – Depiction of PUD Property, Anheuser-BuschFoundation Property and
School District Property
Exhibit E – Depiction of Development Property and School Site
Exhibit F – Description of Anheuser-BuschFoundation Property
Exhibit G – Description of Development Property
Exhibit H – Description of School Site
Exhibit I – Description of PUD Property
Exhibit J – Description of School District Property
Exhibit K – Director Vested Property Rights Determination
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PURSUANT TO TITLE 24, ARTICLE 68, C.R.S.
AND FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE
APPROVAL OF WHICH CREATES A VESTED PROPERTY RIGHT
UNDER TITLE 24, ARTICLE 68, C.R.S., VALID FROM
THE EFFECTIVE DATE OF THE ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR
THE MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY
AND MASTER PLAN
THIS PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR THE
MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY AND MASTER PLAN
(the “Agreement”) is made and entered into this ______ day of ___________,
20___, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation of the State of Colorado (“City”); HF2M, INC., a Texas corporation
(“Developer”); U.S. BANK AS CORPORATE TRUSTEE OF THE ANHEUSER-
BUSCH FOUNDATION, a Missouri charitable trust (“Anheuser-BuschFoundation”);
and POUDRE R-1 SCHOOL DISTRICT R-1, a political subdivision of the State of
Colorado (“School District”); Anheuser-Buschthe Foundation and the School District
being collectively referred to herein as “Owners.”
For and in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy
of which are hereby confessed and acknowledged, the parties agree as follows:
RECITALS
This Agreement is made with respect to the following facts:
A. Capitalized terms have the meanings set forth in Exhibit A attached
hereto and incorporated herein by reference.
B. The Developer has entered into an agreement with Anheuser-
Buschthe Foundation to acquire ownership of the Anheuser-BuschFoundation
Property (the “ABFoundation Agreement”).
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C. The Developer and the School District have executed the PSD
Agreement which provides for the sale of the School District Property to the
Developer, in exchange for the sale of the School Site to the School District.
D. The Developer desires to develop the PUD Property and has caused
to be submitted to the City all plans, reports and other documents required for the
approval of the PUD Overlay and the PUD Master Plan in accordance with the City’s
development application submittal master list for a PUD Overlay on the PUD
Property, copies of which are on file in the office of the City Development Review
Center and made a part hereof by reference.
E. The legislature of the State adopted the Vested Property Rights Statute
to provide for the establishment of vested property rights in order to ensure
reasonable certainty, stability and fairness in the land use planning process and in
order to stimulate economic growth, secure the reasonable investment-backed
expectations of landowners and foster cooperation between the public and private
sectors in the area of land use planning. The Vested Property Rights Statute
authorizes the City to enter into development agreements with landowners providing
for a period of vesting of property rights exceeding three (3) years.
F. Pursuant to the PUD Overlay Regulations, the PUD Master Plan is
eligible for a vested property right with respect to the Vested Master Plan
Components.
G. The PUD Overlay Regulations allow for a term of a vested property
right to exceed a three (3) year period if the City and the Developer enter into a
development agreement which vests the property right for a period exceeding three
(3) years, and further provides that such an agreement may be entered into by the
City if the Director determines that (i) it will likely take more than three (3) years to
complete all phases of the Project and the associated engineering improvements
pursuant to the PUD Master Plan; and (ii) if warranted in light of all relevant
circumstances including, but not limited to, the overall size of the PUD Property, and
economic cycles and market conditions (the “Vested Property Rights
Determination”).
H. A vested property rights request was submitted by the Developer to the
City requesting vested property rights for a twenty-five (25)-year period in
connection with the PUD Master Plan for the Vested Master Plan Components.
I. The granting of a vested property right in connection with the PUD
Master Plan for a period of twenty-five (25) years is warranted in view of the following
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factors: (1) the large size of the PUD Property; (2) the significant investment in
public infrastructure improvements which will be required to be made by the
Developer; (3) the mixed-use nature of the PUD Master Plan; (4) the anticipated
twenty-five (25)-year build-out of the PUD Master Plan in multiple phases; and (5)
expected changes in economic cycles and varying market conditions over such
build-out period.
J. On November 15, 2019, the Director made the Vested Property Rights
Determination, attached hereto as Exhibit K, that extended vesting in excess of
three (3) years is appropriate.
K. Development of the PUD Property as proposed will provide
substantial benefits for the City including large-scale comprehensive master-
planning, implementation of certain New Urbanism principles in the PUD Master
Plan, Zzero Eenergy Rready homes, a Nnon-potable Wwater Ssystem, attainable
and affordable housing, energy and water conservation, natural areas, housing
and employment variety, and an opportunity for a working farm, all of which
promote the general welfare of the citizens of the City and others.
L. In addition to the benefits described above, development of the PUD
Property will require substantial Developer investments in public facilities,
including, but not limited to, multi-modal transportation improvements, roads,
utilities, storm water facilities, parks, trails, and open spaces, which will serve the
needs of the Project and the City. Completion of these facilities and provision of
the public benefits will require substantial investments by the Developer. The
Developer is willing to make such investments only if the vested property rights as
set forth in this Agreement are provided.
M. Development of the PUD Property in accordance with the
Development Documents will provide for orderly growth, ensure reasonable
certainty in the land use planning process and otherwise achieve the goals and
purposes for which the Vested Property Rights Statute and the PUD Overlay
Regulations were enacted. In exchange for these benefits and the other benefits
to the City contemplated by this Agreement, together with the public benefits
served by the orderly development of the PUD Property, the Developer desires to
receive the assurance that it may undertake and complete development of the
Project pursuant to the Development Documents within the Vesting Term.
N. The City Council has approved, prior to or concurrently with the
approval of this Agreement, the PUD Master Plan and a PUD Overlay of the PUD
Master Plan.
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O. The Parties intend to identify in this Agreement the Vested Master
Plan Components all as specified in the approved PUD Master Plan, for which
extended vesting is granted; and (2) the rights and obligations of the Developer
and its successors and assigns, the City and the Owners appropriate for
identification at the master planning level with respect to development of the PUD
Property.
P. The recitals are hereby incorporated into the body of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and agreements contained herein, such consideration being acknowledged as
sufficient and of significant value to the Parties, the Parties agree as follows:
I. DEVELOPMENT DOCUMENTS
A. Relationship to City Regulations. The Parties intend that this
Agreement, the PUD Master Plan, the City Regulations, and any State or federal
laws the City must comply with, collectively, shall govern development of the PUD
Property. Except as otherwise stated in this Agreement, if any provision or
requirement of the City Regulations that conflict with or otherwise materially impair
or abnegate any matters that are specifically addressed in this Agreement, the
applicable terms and conditions of this Agreement shall control and govern. In the
case of any express or implied conflict between this Agreement and the PUD
Master Plan, the provisions of this Agreement shall control.
B. Compliance with PUD Master Plan. All future development of the
Development Property shall require an approved Project Development Plan and
Final Plan in accordance with the requirements of the Land Use Code and such
development shall be in compliance with the PUD Master Plan and any applicable
State or federal laws the City must comply with. Prior to the development of any
portion of the Development Property, Developer acknowledges that it will be
required to submit the applicable plans for that phase of development and enter
into a development agreement with the City for, among other obligations imposed
therein, the construction and maintenance of public improvements for such phase,
including regional improvements as required by applicable provisions of the PUD
Master Plan or the City Regulations, or both.
C. Amendment or Termination.
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1. Amendments to, or the termination of, the PUD Master Plan
shall be governed by the applicable provisions of the PUD Overlay
Regulations and this Section I.C.
2. The Developer is acknowledged by the Parties to be authorized
to request amendments to the PUD Master Plan pursuant to Section
4.29(I)(2) of the PUD Overlay Regulations, provided the conditions set forth
therein are met.
3. Subject to Section 4.29(I)(2)(a)2.b. of the PUD Overlay
Regulations regarding ownership or control of PUD Property, the Developer
and its successors and assigns to whom the Developer has granted such
right in writing, may initiate and process an amendment to the PUD Master
Plan without the consent of other owners of property within the PUD
Property, with the exception of an amendment which includes any proposed
changes to the School Site, if such site is owned by the School District, shall
require the written consent of the School District.
4. The provisions of this Section I.C. shall be a binding covenant
upon the Developer, School District, and Anheuser-Buschthe Foundation,
and their respective successors, heirs, legal representatives and assigns,
and shall constitute covenants and/or servitudes which touch, attach to and
run with the title to the PUD Property or any portion thereof and, upon
recordation of this Agreement, shall be deemed to have met the
requirements of Section 4.29(I)(2)(a)2.c. of the PUD Overlay Regulations.
5. An amendment to the PUD Master Plan, to any approved Final
Plan or to a condition of approval of any such amendment shall not constitute
or require an amendment to this Agreement. Nothing in this Agreement
shall limit the ability of the City, in accordance with applicable City
Regulations, to approve or deny any such amendment, or to attach
conditions to an approval of any such amendment based on applicable City
Regulations, provided, however, that no amendment to the PUD Master
Plan, or to any condition of approval thereto, shall have the effect of
terminating or materially changing the vested property right afforded the
Vested Master Plan Components as set forth in Section II below.
D. Incorporation of Recitals. The recitals A – O above are hereby
incorporated into the body of this Agreement.
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II. VESTED PROPERTY RIGHT
A. Acknowledgements. The Developer and the City acknowledge the
following:
1. The Development Property, in its entirety, is estimated to have
a build-out period of twenty-five (25) years or more.
2. The Project will require substantial financial commitments and
the design and installation of major public infrastructure improvements in the
early phases of and throughout the development of the Development
Property.
3. A material consideration of the Developer’s development of the
Development Property under the PUD Master Plan is the City’s agreement
that the Developer has the right to undertake and complete development of
the Development Property in accordance with the terms and conditions of
the Development Documents.
4. The Developer has requested a vested property right for a
period of twenty-five (25) years from the Effective Date solely with respect
to existing permitted uses, densities and Development Standards of the
Land Use Code and to the approved modifications of such uses, densities
and Development Standards of the Land Use Code, and to the Engineering
Design Standards for which variances have been granted pursuant to
Section 4.29(L) of the PUD Overlay Regulations, all of which are listed on
Appendix C to the PUD Master Plan Summary which is attached hereto as
Exhibit C and incorporated herein by reference (the “Vested Master Plan
Components”).
5. For the sole purpose of acquiring a vested property right for the
Vested Master Plan Components, the City finds that the PUD Master Plan
and this Agreement are each a Site Specific Development Plan eligible for
a vested right pursuant to the PUD Overlay Regulations and the Vested
Property Rights Statute.
B. Vested Property Right Granted. To the extent consistent with the
provisions of this Agreement, the parties intend that the Development Property be
granted a vested property right to the fullest extent available under the Vested
Property Rights Statute and the PUD Overlay Regulations. The rights identified
below shall constitute the vested property right under this Agreement:
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1. The right to develop the land uses that are included within the
Vested Master Plan Components.
2. The right to develop such land uses in accordance with the
Vested Master Plan Components, to the extent set forth in and pursuant to
the Development Documents.
3. The right to develop the Development Property in accordance
with the Vested Master Plan Components in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the
Development Documents.
4. In consideration of the acknowledgements described above in
Section II.A., the public benefit to be derived from the development of the
Development Property and the obligations and commitments of the
Developer pursuant to this Agreement and to the extent permitted by law
and not inconsistent with the Vested Property Rights Statute, the City shall
be precluded from taking any zoning or land use action by the City, or
pursuant to an initiative (including but not limited to any zoning law of general
applicability adopted by the City or pursuant to an initiative as well as any
zoning or development regulations that have previously been adopted by
the City and applicable to the Development Property), that would alter,
impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the Development Property as set
forth in this Agreement, except as otherwise provided in Section 24-68-104
of the Vested Property Rights Statute. Accordingly, and notwithstanding any
provision of the Land Use Code to the contrary, the Development
Documents shall not lapse, expire or be subject to any form of “staleness”
review during the Vesting Term. To the extent that any moratorium or other
delay in development or use of the Development Property that is permitted
under the Vested Property Rights Statute is imposed on development of the
PUD Property, the Vesting Term shall be extended one day for each day
that such moratorium is in effect.
C. Term of Vested Property Right.
1. The term of the vested property right granted in the above-
referenced Section II.B. shall commence on the Effective Date and shall
continue for a period of twenty-five (25) years from the Effective Date
(“Vesting Term”).
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2. The Vesting Term is granted pursuant to the PUD Overlay
Regulations and Section 24-68-104 of the Vested Property Rights Statute
which authorizes local governments to enter into development agreements
granting vested property rights for a period exceeding three (3) years where
warranted in light of all relevant circumstances.
3. Individual Site Specific Development Plans within the PUD
Overlay shall be afforded vested property rights in accordance with the
Vested Property Rights Statute and the Land Use Code, including the PUD
Overlay Regulations, at the time such plans are approved by the City.
Vested rights for such approved Site Specific Development Plans shall be
for a period of up to three (3) years unless otherwise extended pursuant to
the Land Use Code and the PUD Overlay Regulations.
4. The expiration of the vested property right granted herein shall
not affect (1) the PUD Master Plan; (2) any common-law vested rights
obtained prior to such termination; or (3) any right arising from City permits
or approved Final Plans within the Development Property or other
entitlements for the Development Property which were granted or approved
concurrently with or subsequent to the approval of the Development
Documents.
D. Subsequent Review and Approvals. Nothing in this Section II shall
exempt the PUD Master Plan or Project Development Plans or Final Plans within
the Development Property from subsequent reviews and approvals by the City to
ensure compliance with the terms and conditions of the approved PUD Master
Plan, such Project Development Plans or Final Plans and this Agreement, provided
that such subsequent reviews and approvals are not inconsistent with the original
approvals of the PUD Master Plan, such Project Development Plans or Final Plans
and this Agreement.
E. No Obligation to Develop. The Developer shall have no obligation to
develop all or any portion of the PUD Property and shall have no liability under this
Agreement to the City or to any other party for its failure to develop all or any part
of the PUD Property. The Developer and the City contemplate that the
Development Property will be developed in phases and that the Developer shall
have the right to determine the timing of the various phases of development within
the Development Property. The Developer shall have no obligation to develop all
or any portion of any phase, notwithstanding the development or non-development
of any other phase, and the Developer shall have no liability under this Agreement
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to the City for its failure to develop all or any portion of any phase of the
Development Property. Notwithstanding the foregoing, if the Developer
commences development of all or any portion or phase of the Development
Property, the Developer shall be required to construct the public improvements
required to support such development in accordance with the terms and conditions
of any development agreement(s) which the Developer and the City may execute
in connection with any subsequently approved Final Plan. Nothing in this
Agreement shall be construed as relieving the Developer of any obligation or
liability for completion of any public improvements required by any development
agreement(s) hereafter executed by the Developer.
F. Exceptions to Vested Property Right. The Developer acknowledges
that the Vested Property Rights Statute contains certain exceptions which are set
forth in C.R.S. 24-68-105 thereof and agrees that such exceptions shall apply to
the vested property right granted herein which is based on the Vested Property
Rights Statute.
III. FEES
Notwithstanding any language to the contrary in this Agreement, Developer
agrees that each Final Plan within the Development Property shall be required to
pay in full all applicable fees pursuant to applicable City Regulations in connection
with such project.
IV. SCHOOL DISTRICT
A. The School District Property, currently owned by the School District,
is depicted on Exhibit D attached hereto and incorporated herein by reference.
The Developer has entered into the PSD Agreement which provides for the
purchase of the School District Property from the School District by the Developer
for development as part of the Project. The School Site, currently owned by
Anheuser-Buschthe Foundation, is generally depicted on Exhibit E attached
hereto and incorporated herein by reference. The Developer desires to sell the
School Site to the School District for use as one or more public schools and related
grounds and facilities.
B. Developer shall not be entitled to submit to the City any Project
Development Plan within the PUD Property, receive any building permit for a
structure within the PUD Property, or otherwise commence any development on
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the PUD Property as the term development is defined in the Land Use Code, until
the closing onof the sale of the School District Property to the Developer and the
closing of the sale of the School Site to the School District (the “Closings”).
C. If the Closings occur, so that the School District owns the School Site
and does not own any of the Development Property, either the Developer or the
School District shall thereafter have the right, but not the obligation, to process a
minor amendment to remove the School Site from the PUD Master Plan, which
minor amendment shall be subject to review and approval by the City pursuant to
applicable Land Use Code provisions, and, notwithstanding anything in this
Agreement to the contrary, Developer shall thereupon have no rights or obligations
in connection with the School Site.
V. MISCELLANEOUS
A. Attorneys’ Fees. In the event of any litigation between the Parties
concerning the subject matter or enforcement of the terms of this Agreement, the
prevailing Party in such litigation shall be entitled to receive from the non-prevailing
Party, and shall be awarded, in addition to the amount of any judgment or other
award entered therein, all reasonable costs and expenses, including reasonable
attorneys’ fees, incurred by the prevailing Party in such litigation.
B. City Findings. The City hereby finds and determines that the approval
and execution of this Agreement are in the best interest of the public health, safety
and general welfare of the City.
C. Contingencies.
1. ABFoundation Contingency. The Parties hereto expressly
agree that this Agreement is contingent upon the closing of the sale of
substantially all of the Anheuser-BuschFoundation Property to the
Developer pursuant to the terms of the AB Foundation Agreement within five
(5) years after the Effective Date. In the event that such closing does not
occur by such date, this Agreement shall thereupon automatically terminate
and thereafter be of no force or effect, and the Parties hereto shall be
released from all obligations hereunder.
2. Utilities’ Contingency. There are ongoing negotiations between
the City, the Developer and certain special districts in connection with water
and sewer service issues affecting the PUD Property. In the event that such
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utility issues are not resolved to the satisfaction of the Developer in its sole
discretion within five (5) years after the Effective Date, the parties
acknowledge and agree that the Developer shall have the right at any time
to terminate this Agreement and/or to initiate termination of the PUD Master
Plan pursuant to the PUD Overlay Regulations. In the event that the
Developer exercises either of such termination rights, it shall give notice
thereof to the City and the date of such termination shall be, in the case of
termination of the Agreement, the date of delivery of any such notice to the
City in accordance with Section VII.Q. of this Agreement and, in the case of
termination of the PUD Master Plan, the date of approval, if any, by the City
of any such termination. The Developer acknowledges that the City does
not have any obligation to provide water or sewer service to the PUD
Property.
D. Cooperation in Defending Legal Actions. If any Legal Challenge
occurs, the Developer shall have the option, in its sole discretion, to defend such
Legal Challenge. In the event that the Developer elects to defend any such Legal
Challenge, the Developer, with the consent of the City, shall take the lead role in
defending any such Legal Challenge, including, but not limited to, preparing all
pleadings and other required documents, accomplishing any necessary service of
process, generating necessary correspondence among the Parties and paying one
hundred percent (100%) of both court filing fees and the costs of any expert
witnesses, depositions, interrogatories, transcripts or other similar costs. The City
and the Developer shall each pay its own attorney fees. Unless the City at its
option decides to take a more active role in defending any such Legal Challenge,
the Parties agree that the role of the City and the Developer therein shall be limited
to the following:
1. In the event of any Legal Challenge, the City agrees to
cooperate in the review and signing of pleadings and other documents
reasonably required to defend such Legal Challenge and in forms
reasonably acceptable to the City Attorney of the City; and
2. In the event the Developer decides to appeal any negative
judicial decision in connection with any Legal Challenge, the City agrees to
be named as an appellant along with the Developer and to cooperate in the
review and signing of pleadings and other documents reasonably required
in connection with such appeal and in forms reasonably acceptable to the
City Attorney of the City.
3. Although it is the intent of this provision that, consistent with its
commitments given to the Developer in this Agreement, the City shall
14
cooperate with the Developer in defending any Legal Challenge as long as
the Developer determines to continue such defense, it is expressly agreed
by the City and the Developer that in the event there is controlling legal
precedent established by either the Colorado Court of Appeals or Supreme
Court or the United States Court of Appeals or Supreme Court supporting
one or more of the positions taken by a party or parties challenging any of
the items described herein above, then to the extent of such precedent as it
applies to those positions, the City shall not be obligated to defend or
continue the defense of any such positions.
E. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which
taken together shall constitute one and the same agreement.
F. Covenants/Binding Effect. This Agreement shall be binding upon, and
inure to the benefit of, the Parties and their respective successors, heirs, legal
representatives and assigns, and shall constitute covenants and/or servitudes,
which touch, attach to and run with title to the PUD Property.
G. Default.
1. Notice; Cure. If any Party defaults under this Agreement, the
non-defaulting Party shall deliver written notice to the defaulting Party of
such default in accordance with Section V.Q., and the defaulting Party shall
have thirty (30) days from and after receipt of such notice to cure such
default. If such default is not of a type which can be cured within such thirty
(30) day period and the defaulting Party gives written notice to the non-
defaulting Party within such thirty (30) day period that it is actively and
diligently pursuing such cure, the defaulting Party shall have a reasonable
period of time given the nature of the default following the end of such thirty
(30) day period to cure such default, provided that such defaulting Party is
at all times within such additional time period actively and diligently pursuing
such cure and provided further that in no event shall such cure period
exceed a total of six (6) months. Notwithstanding the cure period set forth
in this Section V.G.1., Developer, its successors and assigns, shall have the
right to include a claim for breach of this Agreement in any action brought
under C.R.C.P. Rule 106 if Developer, its successors and assigns, believes
that the failure to include such claim may jeopardize its ability to exercise its
remedies with respect to this Agreement at a later date. Any claim for breach
of this Agreement brought before the expiration of the applicable cure period
set forth in this Section V.G.1. shall not be prosecuted by Developer, its
successors and assigns, until the expiration of such cure period except as
15
set forth in this Agreement, and shall be dismissed by Developer, its
successors and assigns, if the default is cured in accordance with this
Section V.G.1. In the event of a default by the Developer, the City reserves
the right to withhold approval of any pending development application for the
Project to the extent that the subject matter of such default is directly related
to such pending application.
2. Remedies. If any default under this Agreement is not cured as
described above, the non-defaulting Party shall have the right to enforce the
defaulting Party’s obligation hereunder by an action at law or in equity,
including, without limitation, injunction and/or specific performance, and
shall be entitled to an award of any damages available at law or in equity.
In the event of a default by the Developer, the City reserves the right to
withhold approval of any pending development application for the Project to
the extent that the subject matter of such default is directly related to such
pending application.
H. Governing Law. This Agreement shall be construed under and
governed by the laws of the State of Colorado.
I. Governmental Immunity Act. No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS § 24-10-101 et seq., or under any
other law.
J. Integration; Amendment. This Agreement represents the entire
agreement between the Parties with respect to the subject matter hereof and there
are no oral or collateral agreements or understandings. The Parties agree that this
Agreement may be amended only by an instrument in writing signed by the City
and the Developer, or any successor or assign of the Developer to whom the
Developer has granted in writing the right to consent to any such amendment, it
being expressly acknowledged by the parties that consent of Developer’s
successors or assigns to an amendment of this Agreement shall not be required
unless such right is granted in writing by the Developer.
K. Jurisdiction and Venue. The City and the Developer, its successors
and assigns, stipulate and agree that in the event of any dispute arising out of this
Agreement, the courts of the State of Colorado shall have exclusive jurisdiction
over such dispute and venue shall be proper in Larimer County, Colorado. All
Parties hereby submit themselves to jurisdiction of the State District Court, 8th
Judicial District, County of Larimer, State of Colorado.
16
L. Non-Liability of Anheuser-Buschthe Foundation. Anheuser-
BuschThe Foundation is made a party to this Agreement solely for the purpose of
subjecting the Anheuser-BuschFoundation Property to the covenants contained in
this Agreement and Anheuser-Buschthe Foundation specifically consents to all of
the terms and conditions of this Agreement and agrees that the Anheuser-
BuschFoundation Property shall be subject to the covenants contained herein.
The Parties expressly acknowledge and agree that Anheuser-Buschthe
Foundation shall not be liable for any obligations of the Developer under this
Agreement and the Foundation further acknowledges that it shall not assume any
rights of the Developer to develop any portion of the PUD Property., unless
Anheuser-Busch was to exercise any of the rights of the Developer, in which event
the obligations of the Developer shall become those of Anheuser-Busch, to the
extent such obligations relate to lands then being developed by Anheuser-Busch.
M. Non-Liability of the School District. The School District is made a party
to this Agreement solely for the purpose of subjecting the School District Property,
as a development parcel shown on the PUD Master Plan, to the covenants
contained in this Agreement, subject to the provisions of Section V hereof. The
Parties expressly acknowledge and agree that the School District shall not be liable
for any obligations of the Developer under this Agreement and that the School
District is entitled to develop any site it may own within the PUD Master Plan as a
school site at such time and in such manner as the School District customarily
develops its schools.
N. Multi-Fiscal Year Obligations. To the extent that any of the obligations
of the City contained in this Agreement are or should be considered multi-fiscal
year obligations, such obligations shall be subject to annual appropriation by the
City Council, in its sole discretion, and the Developer shall not be entitled to rely
on a future appropriation in furtherance of any such obligation.
O. No Joint Venture or Partnership. No form of joint venture or
partnership exists between the Developer, the Owners and the City, and nothing
contained in this Agreement shall be construed as making the Developer, the
Owners and the City joint venturers or partners.
P. No Third Party Beneficiaries. Except as otherwise provided in this
Agreement, enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the City,
the Developer, its successors and assigns, and the Owners and nothing contained
in this Agreement shall give or allow any such claim or right of action by any third
party. Except as otherwise provided in this Agreement, it is the express intention
17
of the City, the Developer, its successors and assigns, and the Owners that any
other person receiving services or benefits under this Agreement shall be deemed
to be an incidental beneficiary only.
Q. Notices. Any notice or communication required under this Agreement
between the City, the Developer, and the Owners must be in writing and may be
given either personally, by registered or certified mail, return receipt requested, by
Federal Express or other reliable courier service that guarantees next day delivery
or by email (if followed by an identical hard copy via registered or certified mail). If
personally delivered, a notice shall be deemed to have been given when delivered
to the party to whom it is addressed. If given by any other method, a notice shall
be deemed to have been given and received on the first to occur of: (a) actual
receipt by any of the addressees designated below as the party to whom notices
are to be sent; or (b) as applicable: (i) three (3) days after a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; (ii) the following business day after being sent
via Federal Express or other reliable courier service that guarantees next day
delivery; or (iii) the following business day after being sent by email (provided that
such email is promptly followed by an identical hard copy sent via registered or
certified mail, return receipt requested). Any party hereto may at any time, by
giving written notice to the other party hereto as provided in this Section V.Q.,
designate additional persons to whom notices or communications shall be given
and designate any other address in substitution of the address to which such notice
or communication shall be given. Such notices or communications shall be given
to the parties at their addresses set forth below:
If to City: City of Fort Collins
ATTN: City Manager
301 LaPorte Avenue
Fort Collins, CO 80521
Email:
With a copy to: City of Fort Collins
ATTN: City Attorney
301 LaPorte Avenue
Fort Collins, CO 80521
Email:
If to Developer: HF2M, Inc.
ATTN: Max Moss
430 N. College Ave. Suite 410
Fort Collins, CO 80524
18
Email: max@hf2m.com
With copies to: Liley Law Office, LLC
ATTN: Lucia A. Liley
419 Canyon Avenue, Suite 220
Fort Collins, CO 80521
Email: lliley@lileylaw.com
If to Anheuser-BuschFoundation: Anheuser-Busch Foundation
ATTN: Jerrie House Plegge
c/o Anheuser-Busch Companies–Legal Depart.
One Busch Place
St. Louis, MO 63118
With a copy to: Anheuser-Busch Foundation
c/o U.S. Bank
ATTN: Sophia Flynn
505 North 7th Street
St. Louis, MO 63101
If to School District: Poudre R-1 School District R-1
ATTN: Brendan Willits, Planning Manager
2407 LaPorte Avenue
Fort Collins, CO 80521
Email: bwillits@psdschools.org
With a copy to: Semple, Farrington, Everall & Case., P.C.
ATTN: Darryl L. Farrington
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Email: dfarrington@semplelaw.com
R. Paragraph Captions. The captions of the paragraphs are set forth
only for the convenience and reference of the Parties and are not intended in any
way to define, limit or describe the scope or intent of this Agreement.
S. Recordation. The City shall record this Agreement in the Larimer
County Records, and the Developer shall pay the cost of the same.
T. Representations and Warranties.
19
1. Representations and Warranties by the City. The City
represents and warrants that:
a. The City is a home rule municipality and has the power to
enter into and has taken all actions to date required to authorize this
Agreement and to carry out its obligations hereunder including, but not
limited to (i) all actions necessary to adopt and approve the land use
regulations and other provisions set forth in the Development
Documents in a manner that such regulations shall legally govern the
development of the PUD Property; and (ii) all actions necessary to
grant the vested property rights described in this Agreement;
b. The City knows of no litigation, proceeding, initiative,
referendum, investigation or threat of any of the same contesting the
powers of the City or its officials with respect to this Agreement that has
not been disclosed in writing to the Developer;
c. The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the City
or to the City’s governing documents, or (b) result in the breach of any
of the terms or provisions or constitute a default under any agreement
or other instrument to which the City is a party or by which it may be
bound or affected;
d. This Agreement constitutes a valid and binding obligation
of the City, enforceable according to its terms. Pursuant to Section
V.D., the City will cooperate in defending the validity of this Agreement
in the event of any litigation arising hereunder that names the City as a
party or challenges the authority of the City to enter into or perform its
obligations hereunder; and
e. Subject to Section V.G. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the City prove to be materially inaccurate, in whole or in
part, such inaccuracy shall constitute a default by the City under this
Agreement. The City recognizes that the Developer intends to expend
substantial monies to undertake and complete development of the
Project in accordance with the Development Documents in reliance
20
upon the accuracy of the representations and warranties of the City as
set forth in this Section V.T.1.
2. Representations and Warranties by the Developer. The
Developer represents and warrants that:
a. The Developer is a corporation duly organized, validly
existing and in good standing under the laws of the State of Texas and
qualified to do business in the State; has the legal capacity and the
authority to enter into and perform its obligations under this Agreement
and the documents to be executed in connection herewith;
b. The execution and delivery of this Agreement and the
documents required hereunder and the performance and observance
of their terms, conditions and obligations have been duly and validly
authorized by all necessary action on its part to make this Agreement
and such documents valid and binding upon the Developer;
c. The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the
Developer or to the Developer’s governing documents, or (b) result in
the breach of any of the terms or provisions or constitute a default under
any agreement or other instrument to which the Developer is a party or
by which it may be bound or affected;
d. The Developer knows of no litigation, proceeding,
initiative, referendum, or investigation or threat or any of the same
contesting the powers of the City, the Developer or any of its principals
or officials with respect to this Agreement that has not been disclosed
in writing to the City;
e. The Developer has the necessary legal ability to perform
its obligations under this Agreement. This Agreement constitutes a
valid and binding obligation of the Developer, enforceable according
to its terms; and
f. Subject to Section V.G. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the Developer prove to be materially inaccurate, in
21
whole or in part, such inaccuracy shall constitute a default by the
Developer under this Agreement.
U. Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, all remaining terms, provisions, covenants and conditions of this
Agreement shall continue in full force and effect.
V. Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement
in any instance shall constitute a waiver of such provision in other instances.
W. Waiver of Defects. In executing this Agreement, the Developer and
Owners waive all rights they may have concerning defects, if any, of the form or
substance of this Agreement and the formalities whereby it is executed, concerning
the power of the City to impose conditions as set forth herein and concerning the
procedure, substance and form of the ordinances or resolutions adopting this
Agreement and approving the PUD Master Plan contemplated herein. Similarly,
the City, to the extent legally permissible, waives all rights it may have concerning
defects, if any, of the form or substance of this Agreement and the formalities
whereby it is executed as well as defects, if any, concerning the procedure,
substance and form of the ordinances or resolutions adopting this Agreement and
approving the PUD Master Plan.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
the day and year first written above.
CITY: CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: _______________________________
Wade Troxell, Mayor
Date: _____________, 2020
22
APPROVED AS TO FORM:
_____________________________
Brad Yatabe, Assistant City Attorney
ATTEST:
____________________________
Delynn Coldiron, City Clerk
23
DEVELOPER: HF2M, INC., a Texas corporation
By: _____________________________
Jeffrey N. Drinkard, President
STATE OF ____________________ )
) ss.
COUNTY OF __________________ )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20___, by Jeffrey N. Drinkard, President of HF2M, Inc., a Texas
corporation.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
24
OWNERS: POUDRE R-1 SCHOOL DISTRICT R-1,
a political subdivision of the State of
Colorado
By: ____________________________
Printed Name: ___________________
Title: __________________________
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20___, by ______________, _____________ of the Poudre R-
1School District R-1, a political subdivision of the State of Colorado.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
25
U.S. BANK AS CORPORATE TRUSTEE
OF THE ANHEUSER-BUSCH
FOUNDATION, a Missouri charitable trust
By: ____________________________
Printed Name: ___________________
Title: __________________________
STATE OF COLORADOMISSOURI )
) ss.
COUNTY OF LARIMERCITY OF ST. LOUIS )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20__, by _____________, Vice President of U.S. Bank as
Corporate Trustee of the Anheuser-Busch Foundation, a Missouri charitable trust.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
26
Exhibit A
Definitions
Initialized capitalized terms used in this Agreement have the meanings set
forth below:
Agreement: as defined in the introductory paragraph of this Agreement.
Anheuser-Busch: as defined in the introductory paragraph of this
Agreement.
Anheuser-Busch Property: means the approximately 844 acres of real
property owned by Anheuser-Busch and described on Exhibit F attached hereto
and incorporated herein by this reference, and depicted on Exhibit D attached
hereto and incorporated herein by this reference.
City: as defined in the introductory paragraph of this Agreement.
City Council: means the elected governing body of the City as established
in the City’s Charter.
City Regulations: mean the Municipal Code, the Land Use Code and other
general ordinances, resolutions, regulations, policies and plans of the City, as the
same may be amended from time to time, to the extent any such amendment is
consistent with the terms of this Agreement including, but not limited to, the vested
property right granted in this Agreement.
Developer: as defined in the introductory paragraph of this Agreement.
Development Documents: means this Agreement and the PUD Master
Plan.
Development Property: means the PUD Property less the School Site.
The Development Property is, an approximately 891-acre parcel, more particularly
described on Exhibit G attached hereto and incorporated by reference and
generally depicted on Exhibit E attached hereto and incorporated herein by
reference.
Development Standards: means the development standards set forth in
Article 3 of the Land Use Code and the development standards of Article 4 of the
Land Use Code.
27
Director: means the Director of the Community Development and
Neighborhood Services Department of the City.
Effective Date: means the effective date of the ordinances of the City
Council approving this Agreement and the PUD Master Plan or the latest effective
date of either of such ordinance if approved on separate dates.
Engineering Design Standards: means the engineering design standards
described in Section 3.3.5 of Article 3 of the Land Use Code.
Final Plan: means a final plan as described in the Land Use Code as such
description may be amended from time to time, to the extent any such amendment
is consistent with the terms of this Agreement including, but not limited to, the
vested property right granted in this Agreement.
Foundation: as defined in the introductory paragraph of this Agreement.
Foundation Property: means the approximately 844 acres of real property
owned by the Foundation and described on Exhibit F attached hereto and
incorporated herein by this reference, and generally depicted on Exhibit D
attached hereto and incorporated herein by this reference.
Land Use Code: means the Land Use Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
LCUASS: means the Larimer County Urban Area Street Standards originally
adopted by City Council on January 2, 2001, by Ordinance No. 186, together with
all amendments thereto subsequently adopted by ordinance or resolution of City
Council, except as otherwise provided in this Agreement.
Larimer County Records: means the real estate records of the Clerk and
Recorder of Larimer County, Colorado.
Legal Challenge: means any third party commencement of any legal
proceeding or other action that directly or indirectly challenges this Agreement, the
PUD Overlay, the PUD Master Plan or any of the City’s resolutions or ordinances
approving this Agreement, the PUD Overlay and the PUD Master Plan.
28
Municipal Code: means the Municipal Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
Owners: means Anheuser-Buschthe Foundation and the School District,
collectively.
Party(ies): means each and collectively, the Developer and its successors
and assigns, the School District, Anheuser-Buschthe Foundation, and the City.
Project: means the development pursuant to the PUD Master Plan of the
PUD Property.
Project Development Plan: means a project development plan as
described in the Land Use Code as such description may be amended from time
to time, to the extent any such amendment is consistent with the terms of this
Agreement including, but not limited to, the vested property right granted in this
Agreement.
PSD Agreement: means that Real Estate Exchange Agreement dated
June 27, 2019, between the School District and the Developer.
PUD Master Plan: means the planned unit development master plan for
development of the PUD Property entitled the “Montava - PUD Master Plan,” as
the same may from time to time be amended, the components of which are set
forth on Exhibit B, attached hereto and incorporated herein by reference.
PUD Master Plan Summary: as defined in Section II.A.4. of this
Agreement.
PUD Overlay: means the overlay of the approved PUD Master Plan
entitlements and restrictions upon the underlying zone district requirements.
PUD Overlay Regulations: means the planned unit development overlay
regulations adopted by City Council on July 17, 2018, by Ordinance No. 091, 2018,
and codified as Division 4.49 of the Land Use Code, as such regulations may be
amended from time to time to the extent any such amendment is consistent with
the terms of this Agreement including, but not limited to, the vested property right
granted in this Agreement.
29
PUD Property: means the approximately 999 acres of real property upon
which the PUD Overlay pursuant to the PUD Master Plan has been imposed and
comprised of the Anheuser-BuschFoundation Property, the School District
Property and various rights of way, and described on Exhibit I attached hereto
and incorporated herein by this reference, and generally depicted on Exhibit D
attached hereto and incorporated herein by this reference.
School District: as defined in the introductory paragraph of this Agreement.
School District Property: means the approximately 108 acres of real
property owned by the School District and described on Exhibit J attached hereto
and incorporated herein by this reference, and generally depicted on Exhibit D
attached hereto and incorporated herein by this reference.
School Site: means the approximately 108-acre parcel within the PUD
Master Plan owned by Anheuser-Buschthe Foundation and generally described
on Exhibit H attached hereto and incorporated by reference, and generally
depicted on Exhibit E attached hereto and incorporated herein by reference.
Shall, Will or Must: means that compliance is mandatory, unless the
context requires otherwise.
Site Specific Development Plan: means a site specific development plan
as defined in the Land Use Code as such definition may be amended from time to
time but only to the extent that any such amendment is consistent with the terms
of this Agreement including, but not limited to, the vested property right granted in
this Agreement.
State: means the State of Colorado.
Vested Master Plan Components: as defined in Section II.A.4. of this
Agreement.
Vested Property Rights Determination: as defined in Recital J of this
Agreement.
Vested Property Rights Statute: means Section 24-68-101, et seq., of the
Colorado Revised Statutes, in effect on the Effective Date.
Vesting Term: as defined in Section II.C.1. of this Agreement.
30
Exhibit B
PUD Master Plan
[The documents listed below are identical to the documents contained in
Exhibit A to Ordinance No. 014150, 202019]
The PUD Master Plan includes the following documents, on file in the City’s
Development Review Center and incorporated herein by reference:
1. PUD Master Plan Summary
2. Montava PUD Master Plan PUD Design Narrative
3. Sheets 1 through 7 of the Montava – PUD Master Plan:
Sheet 1 Cover Sheet
Sheet 2 Existing Conditions & Natural Features Map
Sheet 3 Illustrative Master Plan
Sheet 4 Annotated Illustrative Master Plan
Sheet 5 Existing Zoning
Sheet 6 PUD Transect Districts and Special Districts
Sheet 7 Development Phasing Plan
4. Montava PUD Master Plan Uses, Densities and Development
Standards
5. Development Standards of the Land Use Code, Appendix A to
the PUD Master Plan Summary
6. Variances from Engineering Design Standards and Proposed
Alternate Designs submitted with such variances, Appendix B
to the PUD Master Plan Summary
31
Exhibit C
PUD Master Plan Summary
[Final approved PUD Master Plan Summary to be inserted prior to recording this
Agreement. The PUD Master Plan Summary to be inserted will be identical to the
PUD Master Plan Summary contained in Exhibit A to Ordinance No. 014150,
202019.]
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Description of Foundation Property
The land referred to is situated in the County of Larimer, State of Colorado and is described as follows:
Parcel 1:
A parcel of ground 200 feet in length North and South and 60 feet in width East and West in the NW¼ of
Section 33, Township 8 North, Range 68 West, more particularly described as follows:
Commencing at a point on the West line of right-of-way of The Colorado Railroad Company (formerly the
Fort Collins Development Railway Company) 1000 feet South of the North line of said NW¼ of said
Section 33, thence South along the West line of said Colorado Railroad Company's right-of-way 200 feet,
thence West parallel with the North line of said NW¼ of said Section 33 60 feet, thence North parallel
with the West line of said Railroad Company's right-of-way 200 feet, thence East 60 feet to the Place of
Beginning,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-003
Parcel 2:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. as
described in deeds recorded in the following books and pages of the records on file in the office of the
Clerk and Recorder of Larimer County: Book 580 at Page 564, Book 677 at Page 119, and Book 246 at
Page 22, and being more particularly described as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, Begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 50.00 feet from the North ¼ of said Section 33, and run thence N89°53'24"W 60.00
feet; thence S00°20'41"E 1000.00 feet; thence S89°53'24"E 60.00 feet; thence N00°20'41"W 1000.00
feet to the Point of Beginning, EXCEPT the North 30.00 feet thereof presently used for County Road No.
52,
LESS AND EXCEPT that portion thereof conveyed to The City of Fort Collins by Special Warranty Deed
recorded September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-009
Parcel 3:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. described
as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 125 feet from the North ¼ corner of said Section 33 and runs thence S00°20'41"E
1200 feet; thence S89°53'24"E 75 feet; thence N00°20'41"W 200 feet; thence N89°53'24"W 60 feet;
thence N00°20'41"W 1000 feet; thence N89°53'24"W 15 feet to the Point of Beginning,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-011
4843-5526-7507, v. 3
4843-5526-7507, v. 3
Parcel 4:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. as
described in deeds recorded in the following books and pages of the records on file in the office of the
Clerk and Recorder of Larimer County: Book 580 at Page 564, Book 677 at Page 119, and Book 246 at
Page 22, and being more particularly described as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, Begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 125.00 feet from the North ¼ corner of said Section 33 and run thence N89°53'24"W
135.00 feet along said North line; thence S00°20'41"E 914.50 feet; thence S17°16'41"E 141.60 feet;
thence S29°40'41"E 293.44 feet to a point on the westerly right-of-way line of the Colorado and Southern
Railroad; thence along such right-of-way line on the following courses and distances: N00°20'41"W
104.31 feet, and again N89°53'24"W 50.00 feet, and again N00°20'41"W 1200 feet to the Point of
Beginning, EXCEPT the North 30.00 feet thereof presently used as a right-of-way for County Road No. 52,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-008
Parcel 5:
A portion of the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., which
considering the West line of said NW¼ as bearing N00°35'40"W and with all bearings contained herein
relative thereto, is contained within the boundary lines which begin at the point of intersection of the
South line of said NW¼ with the East right-of-way line of County Road No. 9, which point bears
S89°48'27"E 30.00 feet from the W¼ corner of said Section 33 and run thence N00°35'40"W 1097.74
feet along said right-of-way line to a point on the South line of that parcel of land as described in Deed
recorded in Book 1277 at Page 96;
thence along the southerly and easterly lines of that parcel described in Deed recorded in Book 1277 at
Page 96, and along the easterly lines of that parcel described in Deed recorded in Book 1336 at Page 298
the following eleven courses and distances:
S82°29'40"E 306.91 feet;
thence N59°51'20"E 38.29 feet;
thence S88°54'40"E 35.66 feet;
thence N00°35'40"W 215.30 feet;
thence N38°54'40"W 27.43 feet;
thence N54°36'10"W 277.55 feet;
thence N11°38'40"W 80.90 feet;
thence N02°34'40"W 16.92 feet;
thence N14°22'40"W 95.50 feet;
thence N29°56'40"W 114.42 feet;
thence N35°00'40"W 64.22 feet to a point on the East right-of-way line of County Road No. 9;
thence N00°35'40"W 792.76 feet along said East right-of-way line to its point of intersection with the
South right-of-way line of County Road No. 52;
thence S89°53'24"E 2346.02 feet along said South right-of-way line to its point of intersection with the
West line of land presently owned by Great Western Sugar Company, as described in Deed recorded in
Book 580 at Page 564;
thence along this present boundary line of Great Western Sugar Company as described in Deeds recorded
in Book 580 at Page 564 and in Book 677 at Page 119 on the following courses and distances:
S00°20'41"W 884.50 feet, and again
S17°16'41"E 141.60 feet, and again
4843-5526-7507, v. 3
S29°40'41"E 293.44 feet to a point on the West right-of-way line of the Colorado & Southern Railroad as
described in Deed recorded in Book 302 at Page 236;
thence S00°20'41"E 1336.00 feet along said West right-of-way line as described in Deed recorded in Book
302 at Page 236 to its point of intersection with the South line of said NW¼;
thence N89°48'27"W 2519.69 feet along said South line to the Point of Beginning,
LESS AND EXCEPT those portions conveyed to The City of Fort Collins, Colorado by Special Warranty
Deed recorded September 14, 1984 in Book 2289 at Page 1283, Warranty Deed recorded March 8, 1985
at Reception No. 85010962 and Warranty Deed recorded July 21, 1986 at Reception No. 86039152,
AND LESS AND EXCEPT that portion known as Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research
Facility” recorded March 22, 1989 at Reception No. 89012104,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-001
Parcel 6:
A tract of land situate in the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M.,
County of Larimer, State of Colorado, which considering the West line of said NW¼ as bearing due South
and with all bearings contained herein relative thereto is contained within the boundary lines which begin
at a point which bears S. 832.13 feet from the Northwest corner of said Section 33 and run thence E.
30.00 feet; thence S. 34°25' E. 64.22 feet; thence S. 29°21' E. 114.42 feet; thence S. 13°47' E. 95.50
feet; thence S. 01°59' E. 16.92 feet; thence West 145.72 feet to a point on the West line of said NW¼;
thence North 262.37 feet along said West line to the Point of Beginning, EXCEPT right of way for County
Road #9 over the westerly 30 feet thereof,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-005
Parcel 7:
A portion of the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., being that parcel
of land as described in Deed recorded in Book 1277 at Page 96 and which, considering the West line of
said NW¼ as bearing S00°35'40"E with all bearings contained herein relative thereto, is contained within
the boundary lines which begin at a point which bears S00°35'40"E 1085.50 feet and again N89°24'20"E
30.00 feet from the Northwest corner of said Section 33, said Point of Beginning lying on the East rightof-
way line of County Road No. 9, and run thence N89°24'20"E 115.72 feet; thence S11°38'40"E 80.90
feet;
thence S54°36'10"E 277.55 feet;
thence S38°54'40"E 27.43 feet;
thence S00°35'40"E 215.30 feet;
thence N88°54'40"W 35.66 feet;
thence S59°51'20-- 38.29 feet;
thence N82°29'40"W 306.91 feet to a point on the East right-of-way line of County Road No. 9;
thence N00°35'40"W 453.92 feet along said East right-of-way line to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-006
Parcel 8:
4843-5526-7507, v. 3
A portion of the NE¼ of Section 32, Township 8 North, Range 68 West of the 6th P.M., which considering
the East line of said NE¼ as bearing S00°35'40"E and with all bearings contained herein relative thereto,
is contained within the boundary lines which begin at the point of intersection of the South line of said
NE¼ with the West right-of-way line of County Road No. 9, said Point of Beginning bearing N89°49'24"W
30.00 feet from the E¼ corner of said Section 32, and run thence N89°49'24"W 2534.49 feet along said
South line to its point of intersection with the East right-of-way line of the No. 8 Outlet Ditch as described
in Deed recorded in Book 187 at Page 178;
thence N00°33'14"W 2611.39 feet along said East right-of-way line to its point of intersection with the
South right-of-way line of County Road No. 52; thence S89°43'08"E 2532.70 feet along said South
rightof-
way line to its point of intersection with the West right-of-way line of County Road No. 9;
thence S00°35'40"E 2606.80 feet along said West right-of-way line to the Point of Beginning,
EXCEPT a strip of land 20 feet in width across the NE¼NE¼ of Section 32, Township 8 North, Range 68
West conveyed to W.C. Alford by Jacob Armstrong, Jr. in the Deed recorded May 15, 1886 in Book 44 at
Page 253, described as:
Commencing at a point on the North line of Section 32, about 60 rods West from the Northeast corner of
said Section and running thence in a southeasterly direction to a point on the East line of Section 32
about 60 rods South of the Northeast corner of said Section,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88320-00-001
Parcel 9:
A portion of the SE¼ of Section 32, Township 8 North, Range 68 West of the 6th P.M., which considering
the East line of said SE¼ as bearing S00°33'21"E and with all bearings contained herein relative thereto,
in contained within the boundary lines which begin at the point of intersection of the North line of said
SE¼ and the West right-of-way line of County Road No. 9, said Point of Beginning bearing N89°49'24"W
30.00 feet from the E¼ corner of said Section 32 and run thence N89°49'24"W 2534.49 feet along said
North line to its point of intersection with the East right-of-way of the No. 8 Outlet Ditch as described in
Deed recorded in Book 187 at Page 163;
thence S00°33'14"E 2618.38 feet along said East right-of-way line to its point of intersection with the
North right-of-way line of County Road No. 50;
thence S89°57'46"E 2534.51 feet along said North right-of-way line to its point of intersection with the
West right-of-way line of County Road No. 9;
thence N00°33'21"W 2612.21 feet along said West right-of-way line to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88320-00-002
Parcel 10:
A portion of the SW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., which
considering the West line of said SW¼ as bearing N00°33'21"W and with all bearings contained herein
relative thereto, is contained with the boundary lines which begin at the point of intersection of the North
line of said SW¼ with the East right-of-way line of County Road No. 9, said Point of Beginning bearing
S89°48'27"E 30.00 feet from the W¼ corner of said Section 33 and run thence S00°33'21"E 2612.02 feet
along said East right-of-way line to its point of intersection with the North right-of-way line of County
Road No. 50;
4843-5526-7507, v. 3
thence N89°58'52"E 2509.99 feet along said North right-of-way line to its point of intersection with the
West right-of-way line of the Colorado and Southern Railroad Company as described in Deed recorded in
Book 289 at Page 118;
thence N00°20'41"W 2602.65 feet along said West right-of-way line to its point of intersection with the
North line of said SW¼;
thence N89°48'27"W 2519.69 feet to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - a portion of 88330-00-002
Parcel 11:
A portion of the NW¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., which considering
the West line of said NW¼ as bearing N00°20'02"E and with all bearings contained herein relative
thereto, is contained within the boundary lines which begin at a point of intersection of said West line
with the South right-of-way line of County Road No. 50 said Point of Beginning bearing S00°20'02"W
30.00 feet from the Northwest corner of said Section 4, and run thence N89°58'52"E 2535.02 feet along
said South right-of-way line to its point of intersection with the West right-of-way line of the Colorado
and Southerly Railroad Company as described in Deed recorded in Book 171 at Page 301;
thence S00°03'25"W 2198.00 feet along said West right-of-way line;
thence S11°04'43"W 392.24 feet along said West right-of-way line to its point of intersection with the
South line of said NW¼;
thence N89°15'23"W 2472.54 feet along said South line to the W¼ corner of said Section 4;
thence N00°20'02"E 2550.04 feet along the West line of said NW¼ to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For information purposes only: APN - 87040-00-002
Parcel 12:
All that portion of the NE¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., lying North
of the Larimer and Weld Canal contained within the boundary lines which, considering the North line of
said NE¼ as bearing N89°51'W and with all bearings contained herein relative thereto, in contained
within the boundary lines which begin at a point on the West line of said NE¼, which point bears
N00°03'25"E 140.00 feet from the Center ¼ corner of said Section 4, and run thence N89°34'15"E 15.00
feet;
thence N36°54'15"E 200.00 feet;
thence N55°54'15"E 200.00 feet;
thence N68°34'15"E 100.00 feet;
thence N86°34'15"E 1900.00 feet;
thence S88°25'45"E 92.96 feet to a point on the westerly right-of-way line of Highway I-25; thence along
the West and South right-of-way lines of Highway I-25 as described in Deed recorded in Book 1276 at
Page 251 on the following courses and distances:
N00°26'E 1948.98 feet, and again N84°38'W 769.70 feet to its point of intersection with the South
rightof-
way line of County Road No. 50; thence N89°51'W 1629.32 feet along said South right-of-way line to
its point of intersection with the West line of said Northeast ¼; thence S00°03'25"W 2444.97 feet along
said West line to the Point of Beginning, EXCEPTING parcels conveyed to the Colorado Department of
Highways in Book 873 at Pages 119 and 124 and in Book 1276 at Page 251,
4843-5526-7507, v. 3
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
AND LESS AND EXCEPT those portions conveyed to The State Department of Highways, State of
Colorado by Warranty Deed recorded July 28, 1986 at Reception No. 86040655,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 87040-00-001
LESS AND EXCEPT any portion of the foregoing Parcels 1 -12 contained in the lands described in the final
amended plat/replat of Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research Facility” recorded March 22,
1989 at Reception No. 89012104, which amended plat/replat is to be recorded upon approval by the City
of Fort Collins, Colorado, a draft of such amended plat/replat labeled B.A.R.I. BARLEY RESEARCH
FACILITY AMENDMENT NO. 1 MINOR PLAT, is attached hereto as Exhibit F-1.
LESS AND EXCEPT any y portion p of the foregoing gg Parcels 1 -12 contained in the lands described in the final
amended plat/pp replat of Lot 1, , Block 1, , of "Final Plat B.A.R.I. Barley y Research Facility” y recorded March 22, ,
1989 at Reception p No. 89012104, , which amended plat/pp replat is to be recorded upon p approval pp by y the City
of Fort Collins, , Colorado, , a draft of such amended plat/pp replat labeled B.A.R.I. BARLEY RESEARCH
FACILITY AMENDMENT NO. 1 MINOR PLAT, is attached hereto as Exhibit F-1.
4843-5526-7507, v. 3
E[KLELW F-1
Copy of GUDIWB.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[WZRSDJHVattached]
E[KLELW F-1
Copy py of GUDIW B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, , a proposed pp replat p
of Lot 1, Block 1, of "Final Plat B.A.R.I. Barley y Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[WZRSDJHVattached]
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
Exhibit “G”
Description of Development Property
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 32, A PORTION OF
THE SOUTHWEST CORNER OF SECTION 32, AND THE WEST HALF OF SECTION
33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
AND THE NORTH HALF OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 32 WHENCE THE
SOUTH QUARTER CORNER BEARS S00°29'18"E A DISTANCE OF 5289.91 FEET
AND CONSIDERING ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE S89°35'02"E A DISTANCE OF 2638.10 FEET;
THENCE S89°53'24"E A DISTANCE OF 1773.90 FEET;
THENCE S00°00'00"E A DISTANCE OF 510.00 FEET;
THENCE S89°53'24"E A DISTANCE OF 864.98 FEET;
THENCE S00°16'21"E A DISTANCE OF 1475.57 FEET;
THENCE S89°59'54"E A DISTANCE OF 397.54 FEET;
THENCE S00°20'11"E A DISTANCE OF 380.10 FEET;
THENCE S89°59'31"E A DISTANCE OF 397.12 FEET;
THENCE S00°16'21"E A DISTANCE OF 2906.93 FEET;
THENCE S00°06'47"E A DISTANCE OF 50.00 FEET;
THENCE S89°47'00"E A DISTANCE OF 945.36 FEET;
THENCE S00°00'50"E A DISTANCE OF 15.00 FEET;
THENCE N89°59'10"E A DISTANCE OF 1022.26 FEET;
THENCE S84°33'41"E A DISTANCE OF 150.45 FEET;
THENCE S00°31'28"E A DISTANCE OF 220.49 FEET;
THENCE S19°10'52"E A DISTANCE OF 716.33 FEET;
THENCE S06°01'40"E A DISTANCE OF 296.08 FEET;
THENCE S00°30'00"W A DISTANCE OF 783.98 FEET;
THENCE N88°21'45"W A DISTANCE OF 92.96 FEET;
THENCE S86°38'15"W A DISTANCE OF 1900.01 FEET;
THENCE S68°38'10"W A DISTANCE OF 99.99 FEET;
THENCE S55°58'15" W A DISTANCE OF 200.00 FEET;
THENCE S36°58'15"W A DISTANCE OF 199.96 FEET;
THENCE S89°38'15"W A DISTANCE OF 15.00 FEET;
THENCE S00°06'47"W A DISTANCE OF 139.93 FEET;
THENCE N89°11'06"W A DISTANCE OF 2627.63 FEET;
THENCE N00°23'56"E A DISTANCE OF 2580.05 FEET;
THENCE N89°53'45W A DISTANCE OF 2639.82 FEET;
THENCE S89°44'44"W A DISTANCE OF 1339.28 FEET;
THENCE N01°15'55"W A DISTANCE OF 1062.88 FEET;
THENCE S89°50'10"W A DISTANCE OF 721.52 FEET;
THENCE N01°15'28"W A DISTANCE OF 1589.29 FEET;
THENCE N89°50'10"E A DISTANCE OF 2060.57 FEET;
THENCE N00°29'18"W A DISTANCE OF 2644.95 FEET TO THE POINT OF
BEGINNING;
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A DRAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT G-1.
SAID PARCEL CONTAINS 998.50 ACRES (43,494,643.5422 SQUARE FEET) MORE
OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD
LESS:
A parcel of land, approximately 108 acres (+/-) in size, which is a portion of and located
in Section 4, T7N, R68W, 6
th
P.M., County of Larimer, State of Colorado.
Such land is generally depicted as two parcels (1 – High School Site, 72 acres with off-
site detention; and 2 – Middle school Site, 36 acres with off-site detention) on Exhibit
G-2 attached hereto and incorporated herein by reference.
The parties acknowledge that the description above is a general description only, and
the foregoing is not intended to constitute a newly created legal description of a
subdivided parcel (§38-35-106.5, C.R.S.), and is not intended to create a subdivision in
violation of any applicable law.
For informational purposes only:
Part of Assessor Parcel Number: 8704000002
Part of Schedule Number: R 0156191
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A D RAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT G-1.
on Exhibit
G-2
S 998.50
EXHIBIT G-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
EXHIBIT G-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
Exhibit G-2
General Depiction of School Site
Exhibit G-2
General Depiction of School Site
Exhibit H
(page 1)
General Description of School Site
A parcel of land, approximately 108 acres (+/-) in size, which is a portion
of and located in Section 4, T7N, R68W, 6th
P.M., County of Larimer, State
of Colorado.
Such land is generally depicted as two parcels (1 – High School Site, 72
acres with off-site detention; and 2 – Middle school Site, 36 acres with off-
site detention) on the next page attached hereto and incorporated herein
by reference.
The parties acknowledge that the description above is a general
description only, and the foregoing is not intended to constitute a newly
created legal description of a subdivided parcel (§38-35-106.5, C.R.S.),
and is not intended to create a subdivision in violation of any applicable
law.
For informational purposes only:
Part of Assessor Parcel Number: 8704000002
Part of Schedule Number: R 0156191
Part of Parcel 11 on Exhibit F (Foundation Property)
(page 1)
Part of Parcel 11 on Exhibit F (Foundation Property)
General D
Exhibit H
(page 2)
General Depiction of School Site
Exhibit H
(page 2)
General Depiction of School Site
Exhibit “I”
Description of PUD Property
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 32, A PORTION OF
THE SOUTHWEST CORNER OF SECTION 32, AND THE WEST HALF OF SECTION
33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
AND THE NORTH HALF OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 32 WHENCE THE
SOUTH QUARTER CORNER BEARS S00°29'18"E A DISTANCE OF 5289.91 FEET
AND CONSIDERING ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE S89°35'02"E A DISTANCE OF 2638.10 FEET;
THENCE S89°53'24"E A DISTANCE OF 1773.90 FEET;
THENCE S00°00'00"E A DISTANCE OF 510.00 FEET;
THENCE S89°53'24"E A DISTANCE OF 864.98 FEET;
THENCE S00°16'21"E A DISTANCE OF 1475.57 FEET;
THENCE S89°59'54"E A DISTANCE OF 397.54 FEET;
THENCE S00°20'11"E A DISTANCE OF 380.10 FEET;
THENCE S89°59'31"E A DISTANCE OF 397.12 FEET;
THENCE S00°16'21"E A DISTANCE OF 2906.93 FEET;
THENCE S00°06'47"E A DISTANCE OF 50.00 FEET;
THENCE S89°47'00"E A DISTANCE OF 945.36 FEET;
THENCE S00°00'50"E A DISTANCE OF 15.00 FEET;
THENCE N89°59'10"E A DISTANCE OF 1022.26 FEET;
THENCE S84°33'41"E A DISTANCE OF 150.45 FEET;
THENCE S00°31'28"E A DISTANCE OF 220.49 FEET;
THENCE S19°10'52"E A DISTANCE OF 716.33 FEET;
THENCE S06°01'40"E A DISTANCE OF 296.08 FEET;
THENCE S00°30'00"W A DISTANCE OF 783.98 FEET;
THENCE N88°21'45"W A DISTANCE OF 92.96 FEET;
THENCE S86°38'15"W A DISTANCE OF 1900.01 FEET;
THENCE S68°38'10"W A DISTANCE OF 99.99 FEET;
THENCE S55°58'15" W A DISTANCE OF 200.00 FEET;
THENCE S36°58'15"W A DISTANCE OF 199.96 FEET;
THENCE S89°38'15"W A DISTANCE OF 15.00 FEET;
THENCE S00°06'47"W A DISTANCE OF 139.93 FEET;
THENCE N89°11'06"W A DISTANCE OF 2627.63 FEET;
THENCE N00°23'56"E A DISTANCE OF 2580.05 FEET;
THENCE N89°53'45W A DISTANCE OF 2639.82 FEET;
THENCE S89°44'44"W A DISTANCE OF 1339.28 FEET;
THENCE N01°15'55"W A DISTANCE OF 1062.88 FEET;
THENCE S89°50'10"W A DISTANCE OF 721.52 FEET;
THENCE N01°15'28"W A DISTANCE OF 1589.29 FEET;
THENCE N89°50'10"E A DISTANCE OF 2060.57 FEET;
THENCE N00°29'18"W A DISTANCE OF 2644.95 FEET TO THE POINT OF
BEGINNING;
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A DRAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT I-1.
SAID PARCEL CONTAINS 998.50 ACRES (43,494,643.5422 SQUARE FEET)
MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A D RAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT I-1.
S 998.50
EXHIBIT I-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
EXHIBIT I-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
Exhibit J
Description of School District Property
A TRACT OF LAND LOCATED IN THE SW QUARTER OF SECTION 32,
T8N, R68W of 6th PM, BEG AT W 1/4 COR, N 89 50' 10" E 2622.74 FT
TO CEN 1/4 COR, S 0 51' 56" E 2649.77 FT TO S 1/4 COR, S 89 44' 44"
W 1339.28 FT ALG S LN, N 0 15' 16" W 911.83 FT, S 89 44' 44" W
459.73 FT, N 60 15' W 117 FT, N 65 47' 7" W 176.13 FT TO SE CO
As described in that certain warranty deed from MARILYN SHERWIN,
STORYBOOK FARM LLC, and CAROL STORY UTHMANN to POUDRE
SCHOOL DISTRICT R-1, recorded 10/05/1998, at Reception No.
19980086672, County of Larimer, State of Colorado; and in that certain
quit claim deed from MIDTOWN HOMES AT STORYBOOK LLC to
POUDRE SCHOOL DISTRICT R-1, recorded 04/30/2014, at Reception
No. 20140021323, County of Larimer, State of Colorado, consisting of
approximately 108.06 acres (+/-).
For informational purposes only:
Assessor Parcel Number :8832000905
Schedule Number: R1589140
MEMORANDUM
DATE: November 15, 2019
TO: Mayor Troxell and City Councilmembers
FROM: Tom Leeson, Community Development & Neighborhood Services Director
RE: Extended Vesting Justification
Introduction:
The purpose of this memo is to provide City Council with a written determination that a vesting
period of longer than three years is justified for the proposed Montava Planned Unit
Development (PUD).
Background:
A PUD Master Plan is eligible for a vested property right with respect to uses, densities,
development standards, and Engineering Standards for which variances have been granted for
a period of three (3) years. The vested property right shall not exceed three (3) years unless:
x (a) an extension is granted pursuant to the PUD provisions of the Land Use Code, or;
x (b) the City and the developer enter into a development agreement which vests the
property right for a period exceeding three (3) years.
Such agreement may be entered into by the City if the Director of Community Development &
Neighborhood Services determines that it will likely take more than three (3) years to complete
all phases of the development and the associated engineering improvements for the
development, and only if warranted in light of all relevant circumstances, including, but not
limited to, the overall size of the development and economic cycles and market conditions.
The Montava PUD is one of the largest single proposed development in Fort Collins history.
The project is proposed to develop in multiple phases over the course of more than 20 years,
and upon full buildout, will include about 4,000-5,000 residential dwelling units, 400,000 square
feet of office and commercial uses, 100 acres of industrial uses, and a farm. Montava’s
proposed mix of uses, variety of housing, system of open space, pedestrian orientation,
([KLELW.
9HVWHG3URSHUW\5LJKWV'HWHUPLQDWLRQ
incorporation of urban agriculture, energy efficient design, unique design standards, and
infrastructure improvements will take many years to be realized.
Given the scale of the project, I have determined that it will likely take more than three (3)
years to complete all phases of the development and the associated engineering
improvements, that extended vesting beyond three years is warranted in light of the large size
of the development and potential market cycles and market conditions, and that the request for
a 25 years vesting period is reasonable.
-1-
ORDINANCE NO. 015, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A DEVELOPMENT AGREEMENT EXTENDING THE TERM OF
VESTED RIGHTS FOR THE MONTAVA PUD OVERLAY AND REGARDING
CERTAIN TERMS OF DEVELOPMENT WITHIN THE MONTAVA PUD OVERLAY
WHEREAS, on February 18, 2020, City Council approved on second reading Ordinance
No. 014, 2020, to approve the Montava PUD Overlay and associated PUD Master Plan; and
WHEREAS, pursuant to Land Use Code Section 2.2.11(C), the PUD Master Plan is
eligible to apply for vested property rights in excess of three years solely with respect to uses,
densities, and development standards of the Land Use Code, including those for which
modifications have been granted, and engineering standards for which variances have been
granted; and
WHEREAS, such vested property rights are normally valid for up to three years under
Land Use Code Section 2.2.11(C)(2) unless an extended period of vested rights is granted as
memorialized in a development agreement City Council adopts by ordinance; and
WHEREAS, the Montava PUD developer, HF2M, Inc., (“Developer”) has requested as
part of the PUD Master Plan the extended vesting of certain uses, densities, development
standards of the Land Use Code, including those for which modifications have been granted, and
Engineering Design Standards for which variances have been granted, all for a period of twenty-
five years (25); and
WHEREAS, pursuant to Land Use Code Section 2.2.11(C)(3), in order for City Council
to enter into a development agreement that extends vesting for a period of greater than three (3)
years, the Director of Community Development and Neighborhood Services must determine that
it will likely take more than three years to complete all phases of the development and the
associated engineering improvements for the development, and only if warranted in light of all
relevant circumstances, including, but not limited to, the overall size of the development and
economic cycles and market conditions; and
WHEREAS, the Director of Community Development and Neighborhood Services has
determined that it will likely take more than three (3) years to complete all phases within the
Montava PUD Overlay and the associated engineering improvements and that the granting of
extended vesting is warranted in light of all relevant circumstances and such determination is
attached as Exhibit “A” and incorporated herein; and
WHEREAS, a development agreement (“Development Agreement”) setting forth the
uses, densities, development standards of the Land Use Code, including those for which
modifications have been granted, and engineering standards for which variances have been
granted and the terms for the extended vesting for twenty-five years upon the effective date of
this Ordinance is attached as Exhibit “B” and incorporated herein; and
-2-
WHEREAS, the Development Agreement contains additional terms regarding the rights
and obligations of the parties to the agreement appropriate for identification at the master plan
level with respect to the development of the property subject to the PUD Overlay and Master
Plan; and
WHEREAS, City Council finds that the extended vesting for a period of twenty-five (25)
years, including tolling of the vested rights period during any moratorium and the obligation to
participate in the defense of legal challenges, is warranted because of the large size of the
property subject to the PUD Overlay and Master Plan, the significant investments in public
infrastructure improvements that will be required of the Developer, the mixed-use nature of the
PUD Master Plan, the anticipated twenty-five (25) year build-out period of the PUD Master Plan
in multiple phases and expected changes in economic cycles and market conditions over such
build-out period; and
WHEREAS, City Council finds that the additional terms in the Development Agreement
with respect to development of the property subject to the PUD Overlay and Master Plan are
appropriate for identification at the master plan level; and
WHEREAS, City Council finds that approval of the Development Agreement is
consistent with the Land Use Code and the Montava PUD Master Plan and PUD Overlay and is
in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Development Agreement is hereby approved by the City Council.
Section 3. That the Mayor is authorized to execute the Development Agreement on
behalf of the City.
Section 4. That a copy of this Ordinance with all attachments shall be recorded in the
Office of the Larimer County Clerk and Recorder promptly after the effective date of this
Ordinance with all recording fees paid by the Developer.
Introduced, considered favorably on first reading, and ordered published this 14th day of
January, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D.
2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on the 18th day of February, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
MEMORANDUM
DATE: November 15, 2019
TO: Mayor Troxell and City Councilmembers
FROM: Tom Leeson, Community Development & Neighborhood Services Director
RE: Extended Vesting Justification
Introduction:
The purpose of this memo is to provide City Council with a written determination that a vesting
period of longer than three years is justified for the proposed Montava Planned Unit
Development (PUD).
Background:
A PUD Master Plan is eligible for a vested property right with respect to uses, densities,
development standards, and Engineering Standards for which variances have been granted for
a period of three (3) years. The vested property right shall not exceed three (3) years unless:
• (a) an extension is granted pursuant to the PUD provisions of the Land Use Code, or;
• (b) the City and the developer enter into a development agreement which vests the
property right for a period exceeding three (3) years.
Such agreement may be entered into by the City if the Director of Community Development &
Neighborhood Services determines that it will likely take more than three (3) years to complete
all phases of the development and the associated engineering improvements for the
development, and only if warranted in light of all relevant circumstances, including, but not
limited to, the overall size of the development and economic cycles and market conditions.
The Montava PUD is one of the largest single proposed development in Fort Collins history.
The project is proposed to develop in multiple phases over the course of more than 20 years,
and upon full buildout, will include about 4,000-5,000 residential dwelling units, 400,000 square
feet of office and commercial uses, 100 acres of industrial uses, and a farm. Montava’s
proposed mix of uses, variety of housing, system of open space, pedestrian orientation,
EXHIBIT "A"
Council Memo Update – Larimer County TDU Program Status Page | 2
incorporation of urban agriculture, energy efficient design, unique design standards, and
infrastructure improvements will take many years to be realized.
Given the scale of the project, I have determined that it will likely take more than three (3)
years to complete all phases of the development and the associated engineering
improvements, that extended vesting beyond three years is warranted in light of the large size
of the development and potential market cycles and market conditions, and that the request for
a 25 years vesting period is reasonable.
PURSUANT TO TITLE 24, ARTICLE 68, C.R.S.
AND FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE
APPROVAL OF WHICH CREATES A
VESTED PROPERTY RIGHT, VALID FROM THE EFFECTIVE DATE OF THE
ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR
THE MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY
AND MASTER PLAN
DATED __________________, 20____
EXHIBIT B
TABLE OF CONTENTS
RECITALS ……………………………………………………………………………...3
SECTION I. DEVELOPMENT DOCUMENTS ……………………………………..6
SECTION II. VESTED PROPERTY RIGHT...………………………………………8
SECTION III. FEES …………………………………………………………………..11
SECTION IV. SCHOOL DISTRICT ……………...…………………………………11
SECTION V. MISCELLANEOUS …………………………………………………..12
EXHIBITS
Exhibit A – Definitions
Exhibit B – PUD Master Plan
Exhibit C – PUD Master Plan Summary
Exhibit D – Depiction of PUD Property, Foundation Property and
School District Property
Exhibit E – Depiction of Development Property and School Site
Exhibit F – Description of Foundation Property
Exhibit G – Description of Development Property
Exhibit H – Description of School Site
Exhibit I – Description of PUD Property
Exhibit J – Description of School District Property
Exhibit K – Director Vested Property Rights Determination
PURSUANT TO TITLE 24, ARTICLE 68, C.R.S.
AND FORT COLLINS LAND USE CODE 2.2.11(C),
THIS AGREEMENT IS A SITE SPECIFIC DEVELOPMENT PLAN, THE
APPROVAL OF WHICH CREATES A VESTED PROPERTY RIGHT
UNDER TITLE 24, ARTICLE 68, C.R.S., VALID FROM
THE EFFECTIVE DATE OF THE ADOPTING ORDINANCE
PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR
THE MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY
AND MASTER PLAN
THIS PUD MASTER PLAN DEVELOPMENT AGREEMENT FOR THE
MONTAVA PLANNED UNIT DEVELOPMENT OVERLAY AND MASTER PLAN
(the “Agreement”) is made and entered into this ______ day of ___________,
20___, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation of the State of Colorado (“City”); HF2M, INC., a Texas corporation
(“Developer”); U.S. BANK AS CORPORATE TRUSTEE OF THE ANHEUSER-
BUSCH FOUNDATION, a Missouri charitable trust (“Foundation”); and POUDRE
SCHOOL DISTRICT R-1, a political subdivision of the State of Colorado (“School
District”); the Foundation and the School District being collectively referred to herein
as “Owners.”
For and in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy
of which are hereby confessed and acknowledged, the parties agree as follows:
RECITALS
This Agreement is made with respect to the following facts:
A. Capitalized terms have the meanings set forth in Exhibit A attached
hereto and incorporated herein by reference.
B. The Developer has entered into an agreement with the Foundation to
acquire ownership of the Foundation Property (the “Foundation Agreement”).
C. The Developer and the School District have executed the PSD
Agreement which provides for the sale of the School District Property to the
Developer, in exchange for the sale of the School Site to the School District.
D. The Developer desires to develop the PUD Property and has caused
to be submitted to the City all plans, reports and other documents required for the
approval of the PUD Overlay and the PUD Master Plan in accordance with the City’s
development application submittal master list for a PUD Overlay on the PUD
Property, copies of which are on file in the office of the City Development Review
Center and made a part hereof by reference.
E. The legislature of the State adopted the Vested Property Rights Statute
to provide for the establishment of vested property rights in order to ensure
reasonable certainty, stability and fairness in the land use planning process and in
order to stimulate economic growth, secure the reasonable investment-backed
expectations of landowners and foster cooperation between the public and private
sectors in the area of land use planning. The Vested Property Rights Statute
authorizes the City to enter into development agreements with landowners providing
for a period of vesting of property rights exceeding three (3) years.
F. Pursuant to the PUD Overlay Regulations, the PUD Master Plan is
eligible for a vested property right with respect to the Vested Master Plan
Components.
G. The PUD Overlay Regulations allow for a term of a vested property
right to exceed a three (3) year period if the City and the Developer enter into a
development agreement which vests the property right for a period exceeding three
(3) years, and further provides that such an agreement may be entered into by the
City if the Director determines that (i) it will likely take more than three (3) years to
complete all phases of the Project and the associated engineering improvements
pursuant to the PUD Master Plan; and (ii) if warranted in light of all relevant
circumstances including, but not limited to, the overall size of the PUD Property, and
economic cycles and market conditions (the “Vested Property Rights
Determination”).
H. A vested property rights request was submitted by the Developer to the
City requesting vested property rights for a twenty-five (25)-year period in
connection with the PUD Master Plan for the Vested Master Plan Components.
I. The granting of a vested property right in connection with the PUD
Master Plan for a period of twenty-five (25) years is warranted in view of the following
factors: (1) the large size of the PUD Property; (2) the significant investment in
public infrastructure improvements which will be required to be made by the
Developer; (3) the mixed-use nature of the PUD Master Plan; (4) the anticipated
twenty-five (25)-year build-out of the PUD Master Plan in multiple phases; and (5)
expected changes in economic cycles and varying market conditions over such
build-out period.
J. On November 15, 2019, the Director made the Vested Property Rights
Determination, attached hereto as Exhibit K, that extended vesting in excess of
three (3) years is appropriate.
K. Development of the PUD Property as proposed will provide
substantial benefits for the City including large-scale comprehensive master-
planning, implementation of certain New Urbanism principles in the PUD Master
Plan, zero energy ready homes, a non-potable water system, attainable and
affordable housing, energy and water conservation, natural areas, housing and
employment variety, and an opportunity for a working farm, all of which promote
the general welfare of the citizens of the City and others.
L. In addition to the benefits described above, development of the PUD
Property will require substantial Developer investments in public facilities,
including, but not limited to, multi-modal transportation improvements, roads,
utilities, storm water facilities, parks, trails, and open spaces, which will serve the
needs of the Project and the City. Completion of these facilities and provision of
the public benefits will require substantial investments by the Developer. The
Developer is willing to make such investments only if the vested property rights as
set forth in this Agreement are provided.
M. Development of the PUD Property in accordance with the
Development Documents will provide for orderly growth, ensure reasonable
certainty in the land use planning process and otherwise achieve the goals and
purposes for which the Vested Property Rights Statute and the PUD Overlay
Regulations were enacted. In exchange for these benefits and the other benefits
to the City contemplated by this Agreement, together with the public benefits
served by the orderly development of the PUD Property, the Developer desires to
receive the assurance that it may undertake and complete development of the
Project pursuant to the Development Documents within the Vesting Term.
N. The City Council has approved, prior to or concurrently with the
approval of this Agreement, the PUD Master Plan and a PUD Overlay of the PUD
Master Plan.
O. The Parties intend to identify in this Agreement the Vested Master
Plan Components all as specified in the approved PUD Master Plan, for which
extended vesting is granted; and (2) the rights and obligations of the Developer
and its successors and assigns, the City and the Owners appropriate for
identification at the master planning level with respect to development of the PUD
Property.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and agreements contained herein, such consideration being acknowledged as
sufficient and of significant value to the Parties, the Parties agree as follows:
I. DEVELOPMENT DOCUMENTS
A. Relationship to City Regulations. The Parties intend that this
Agreement, the PUD Master Plan, the City Regulations, and any State or federal
laws the City must comply with, collectively, shall govern development of the PUD
Property. Except as otherwise stated in this Agreement, if any provision or
requirement of the City Regulations that conflict with or otherwise materially impair
or abnegate any matters that are specifically addressed in this Agreement, the
applicable terms and conditions of this Agreement shall control and govern. In the
case of any express or implied conflict between this Agreement and the PUD
Master Plan, the provisions of this Agreement shall control.
B. Compliance with PUD Master Plan. All future development of the
Development Property shall require an approved Project Development Plan and
Final Plan in accordance with the requirements of the Land Use Code and such
development shall be in compliance with the PUD Master Plan and any applicable
State or federal laws the City must comply with. Prior to the development of any
portion of the Development Property, Developer acknowledges that it will be
required to submit the applicable plans for that phase of development and enter
into a development agreement with the City for, among other obligations imposed
therein, the construction and maintenance of public improvements for such phase,
including regional improvements as required by applicable provisions of the PUD
Master Plan or the City Regulations, or both.
C. Amendment or Termination.
1. Amendments to, or the termination of, the PUD Master Plan
shall be governed by the applicable provisions of the PUD Overlay
Regulations and this Section I.C.
2. The Developer is acknowledged by the Parties to be authorized
to request amendments to the PUD Master Plan pursuant to Section
4.29(I)(2) of the PUD Overlay Regulations, provided the conditions set forth
therein are met.
3. Subject to Section 4.29(I)(2)(a)2.b. of the PUD Overlay
Regulations regarding ownership or control of PUD Property, the Developer
and its successors and assigns to whom the Developer has granted such
right in writing, may initiate and process an amendment to the PUD Master
Plan without the consent of other owners of property within the PUD
Property, with the exception of an amendment which includes any proposed
changes to the School Site, if such site is owned by the School District, shall
require the consent of the School District.
4. The provisions of this Section I.C. shall be a binding covenant
upon the Developer, School District, and the Foundation, and their
respective successors, heirs, legal representatives and assigns, and shall
constitute covenants and/or servitudes which touch, attach to and run with
the title to the PUD Property or any portion thereof and, upon recordation of
this Agreement, shall be deemed to have met the requirements of Section
4.29(I)(2)(a)2.c. of the PUD Overlay Regulations.
5. An amendment to the PUD Master Plan, to any approved Final
Plan or to a condition of approval of any such amendment shall not constitute
or require an amendment to this Agreement. Nothing in this Agreement
shall limit the ability of the City, in accordance with applicable City
Regulations, to approve or deny any such amendment, or to attach
conditions to an approval of any such amendment based on applicable City
Regulations, provided, however, that no amendment to the PUD Master
Plan, or to any condition of approval thereto, shall have the effect of
terminating or materially changing the vested property right afforded the
Vested Master Plan Components as set forth in Section II below.
D. Incorporation of Recitals. The recitals A – O above are hereby
incorporated into the body of this Agreement.
II. VESTED PROPERTY RIGHT
A. Acknowledgements. The Developer and the City acknowledge the
following:
1. The Development Property, in its entirety, is estimated to have
a build-out period of twenty-five (25) years or more.
2. The Project will require substantial financial commitments and
the design and installation of major public infrastructure improvements in the
early phases of and throughout the development of the Development
Property.
3. A material consideration of the Developer’s development of the
Development Property under the PUD Master Plan is the City’s agreement
that the Developer has the right to undertake and complete development of
the Development Property in accordance with the terms and conditions of
the Development Documents.
4. The Developer has requested a vested property right for a
period of twenty-five (25) years from the Effective Date solely with respect
to existing permitted uses, densities and Development Standards of the
Land Use Code and to the approved modifications of such uses, densities
and Development Standards of the Land Use Code, and to the Engineering
Design Standards for which variances have been granted pursuant to
Section 4.29(L) of the PUD Overlay Regulations, all of which are listed on
Appendix C to the PUD Master Plan Summary which is attached hereto as
Exhibit C and incorporated herein by reference (the “Vested Master Plan
Components”).
5. For the sole purpose of acquiring a vested property right for the
Vested Master Plan Components, the City finds that the PUD Master Plan
and this Agreement are each a Site Specific Development Plan eligible for
a vested right pursuant to the PUD Overlay Regulations and the Vested
Property Rights Statute.
B. Vested Property Right Granted. To the extent consistent with the
provisions of this Agreement, the parties intend that the Development Property be
granted a vested property right to the fullest extent available under the Vested
Property Rights Statute and the PUD Overlay Regulations. The rights identified
below shall constitute the vested property right under this Agreement:
1. The right to develop the land uses that are included within the
Vested Master Plan Components.
2. The right to develop such land uses in accordance with the
Vested Master Plan Components, to the extent set forth in and pursuant to
the Development Documents.
3. The right to develop the Development Property in accordance
with the Vested Master Plan Components in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the
Development Documents.
4. In consideration of the acknowledgements described above in
Section II.A., the public benefit to be derived from the development of the
Development Property and the obligations and commitments of the
Developer pursuant to this Agreement and to the extent permitted by law
and not inconsistent with the Vested Property Rights Statute, the City shall
be precluded from taking any zoning or land use action by the City, or
pursuant to an initiative (including but not limited to any zoning law of general
applicability adopted by the City or pursuant to an initiative as well as any
zoning or development regulations that have previously been adopted by
the City and applicable to the Development Property), that would alter,
impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the Development Property as set
forth in this Agreement, except as otherwise provided in Section 24-68-104
of the Vested Property Rights Statute. Accordingly, and notwithstanding any
provision of the Land Use Code to the contrary, the Development
Documents shall not lapse, expire or be subject to any form of “staleness”
review during the Vesting Term. To the extent that any moratorium or other
delay in development or use of the Development Property that is permitted
under the Vested Property Rights Statute is imposed on development of the
PUD Property, the Vesting Term shall be extended one day for each day
that such moratorium is in effect.
C. Term of Vested Property Right.
1. The term of the vested property right granted in the above-
referenced Section II.B. shall commence on the Effective Date and shall
continue for a period of twenty-five (25) years from the Effective Date
(“Vesting Term”).
2. The Vesting Term is granted pursuant to the PUD Overlay
Regulations and Section 24-68-104 of the Vested Property Rights Statute
which authorizes local governments to enter into development agreements
granting vested property rights for a period exceeding three (3) years where
warranted in light of all relevant circumstances.
3. Individual Site Specific Development Plans within the PUD
Overlay shall be afforded vested property rights in accordance with the
Vested Property Rights Statute and the Land Use Code, including the PUD
Overlay Regulations, at the time such plans are approved by the City.
Vested rights for such approved Site Specific Development Plans shall be
for a period of up to three (3) years unless otherwise extended pursuant to
the Land Use Code and the PUD Overlay Regulations.
4. The expiration of the vested property right granted herein shall
not affect (1) the PUD Master Plan; (2) any common-law vested rights
obtained prior to such termination; or (3) any right arising from City permits
or approved Final Plans within the Development Property or other
entitlements for the Development Property which were granted or approved
concurrently with or subsequent to the approval of the Development
Documents.
D. Subsequent Review and Approvals. Nothing in this Section II shall
exempt the PUD Master Plan or Project Development Plans or Final Plans within
the Development Property from subsequent reviews and approvals by the City to
ensure compliance with the terms and conditions of the approved PUD Master
Plan, such Project Development Plans or Final Plans and this Agreement, provided
that such subsequent reviews and approvals are not inconsistent with the original
approvals of the PUD Master Plan, such Project Development Plans or Final Plans
and this Agreement.
E. No Obligation to Develop. The Developer shall have no obligation to
develop all or any portion of the PUD Property and shall have no liability under this
Agreement to the City or to any other party for its failure to develop all or any part
of the PUD Property. The Developer and the City contemplate that the
Development Property will be developed in phases and that the Developer shall
have the right to determine the timing of the various phases of development within
the Development Property. The Developer shall have no obligation to develop all
or any portion of any phase, notwithstanding the development or non-development
of any other phase, and the Developer shall have no liability under this Agreement
to the City for its failure to develop all or any portion of any phase of the
Development Property. Notwithstanding the foregoing, if the Developer
commences development of all or any portion or phase of the Development
Property, the Developer shall be required to construct the public improvements
required to support such development in accordance with the terms and conditions
of any development agreement(s) which the Developer and the City may execute
in connection with any subsequently approved Final Plan. Nothing in this
Agreement shall be construed as relieving the Developer of any obligation or
liability for completion of any public improvements required by any development
agreement(s) hereafter executed by the Developer.
F. Exceptions to Vested Property Right. The Developer acknowledges
that the Vested Property Rights Statute contains certain exceptions which are set
forth in C.R.S. 24-68-105 thereof and agrees that such exceptions shall apply to
the vested property right granted herein which is based on the Vested Property
Rights Statute.
III. FEES
Notwithstanding any language to the contrary in this Agreement, Developer
agrees that each Final Plan within the Development Property shall be required to
pay in full all applicable fees pursuant to applicable City Regulations in connection
with such project.
IV. SCHOOL DISTRICT
A. The School District Property, currently owned by the School District,
is depicted on Exhibit D attached hereto and incorporated herein by reference.
The Developer has entered into the PSD Agreement which provides for the
purchase of the School District Property from the School District by the Developer
for development as part of the Project. The School Site, currently owned by the
Foundation, is generally depicted on Exhibit E attached hereto and incorporated
herein by reference. The Developer desires to sell the School Site to the School
District for use as one or more public schools and related grounds and facilities.
B. Developer shall not be entitled to submit to the City any Project
Development Plan within the PUD Property, receive any building permit for a
structure within the PUD Property, or otherwise commence any development on
the PUD Property as the term development is defined in the Land Use Code, until
the closing of the sale of the School District Property to the Developer and the
closing of the sale of the School Site to the School District (the “Closings”).
C. If the Closings occur, so that the School District owns the School Site
and does not own any of the Development Property, either the Developer or the
School District shall thereafter have the right, but not the obligation, to process a
minor amendment to remove the School Site from the PUD Master Plan, which
minor amendment shall be subject to review and approval by the City pursuant to
applicable Land Use Code provisions, and, notwithstanding anything in this
Agreement to the contrary, Developer shall thereupon have no rights or obligations
in connection with the School Site.
V. MISCELLANEOUS
A. Attorneys’ Fees. In the event of any litigation between the Parties
concerning the subject matter or enforcement of the terms of this Agreement, the
prevailing Party in such litigation shall be entitled to receive from the non-prevailing
Party, and shall be awarded, in addition to the amount of any judgment or other
award entered therein, all reasonable costs and expenses, including reasonable
attorneys’ fees, incurred by the prevailing Party in such litigation.
B. City Findings. The City hereby finds and determines that the approval
and execution of this Agreement are in the best interest of the public health, safety
and general welfare of the City.
C. Contingencies.
1. Foundation Contingency. The Parties hereto expressly agree
that this Agreement is contingent upon the closing of the sale of substantially
all of the Foundation Property to the Developer pursuant to the terms of the
Foundation Agreement within five (5) years after the Effective Date. In the
event that such closing does not occur by such date, this Agreement shall
thereupon automatically terminate and thereafter be of no force or effect,
and the Parties hereto shall be released from all obligations hereunder.
2. Utilities’ Contingency. There are ongoing negotiations between
the City, the Developer and certain special districts in connection with water
and sewer service issues affecting the PUD Property. In the event that such
utility issues are not resolved to the satisfaction of the Developer in its sole
discretion within five (5) years after the Effective Date, the parties
acknowledge and agree that the Developer shall have the right at any time
to terminate this Agreement and/or to initiate termination of the PUD Master
Plan pursuant to the PUD Overlay Regulations. In the event that the
Developer exercises either of such termination rights, it shall give notice
thereof to the City and the date of such termination shall be, in the case of
termination of the Agreement, the date of delivery of any such notice to the
City in accordance with Section VII.Q. of this Agreement and, in the case of
termination of the PUD Master Plan, the date of approval, if any, by the City
of any such termination. The Developer acknowledges that the City does
not have any obligation to provide water or sewer service to the PUD
Property.
D. Cooperation in Defending Legal Actions. If any Legal Challenge
occurs, the Developer shall have the option, in its sole discretion, to defend such
Legal Challenge. In the event that the Developer elects to defend any such Legal
Challenge, the Developer, with the consent of the City, shall take the lead role in
defending any such Legal Challenge, including, but not limited to, preparing all
pleadings and other required documents, accomplishing any necessary service of
process, generating necessary correspondence among the Parties and paying one
hundred percent (100%) of both court filing fees and the costs of any expert
witnesses, depositions, interrogatories, transcripts or other similar costs. The City
and the Developer shall each pay its own attorney fees. Unless the City at its
option decides to take a more active role in defending any such Legal Challenge,
the Parties agree that the role of the City and the Developer therein shall be limited
to the following:
1. In the event of any Legal Challenge, the City agrees to
cooperate in the review and signing of pleadings and other documents
reasonably required to defend such Legal Challenge and in forms
reasonably acceptable to the City Attorney of the City; and
2. In the event the Developer decides to appeal any negative
judicial decision in connection with any Legal Challenge, the City agrees to
be named as an appellant along with the Developer and to cooperate in the
review and signing of pleadings and other documents reasonably required
in connection with such appeal and in forms reasonably acceptable to the
City Attorney of the City.
3. Although it is the intent of this provision that, consistent with its
commitments given to the Developer in this Agreement, the City shall
cooperate with the Developer in defending any Legal Challenge as long as
the Developer determines to continue such defense, it is expressly agreed
by the City and the Developer that in the event there is controlling legal
precedent established by either the Colorado Court of Appeals or Supreme
Court or the United States Court of Appeals or Supreme Court supporting
one or more of the positions taken by a party or parties challenging any of
the items described herein above, then to the extent of such precedent as it
applies to those positions, the City shall not be obligated to defend or
continue the defense of any such positions.
E. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which
taken together shall constitute one and the same agreement.
F. Covenants/Binding Effect. This Agreement shall be binding upon, and
inure to the benefit of, the Parties and their respective successors, heirs, legal
representatives and assigns, and shall constitute covenants and/or servitudes,
which touch, attach to and run with title to the PUD Property.
G. Default.
1. Notice; Cure. If any Party defaults under this Agreement, the
non-defaulting Party shall deliver written notice to the defaulting Party of
such default in accordance with Section V.Q., and the defaulting Party shall
have thirty (30) days from and after receipt of such notice to cure such
default. If such default is not of a type which can be cured within such thirty
(30) day period and the defaulting Party gives written notice to the non-
defaulting Party within such thirty (30) day period that it is actively and
diligently pursuing such cure, the defaulting Party shall have a reasonable
period of time given the nature of the default following the end of such thirty
(30) day period to cure such default, provided that such defaulting Party is
at all times within such additional time period actively and diligently pursuing
such cure and provided further that in no event shall such cure period
exceed a total of six (6) months. Notwithstanding the cure period set forth
in this Section V.G.1., Developer, its successors and assigns, shall have the
right to include a claim for breach of this Agreement in any action brought
under C.R.C.P. Rule 106 if Developer, its successors and assigns, believes
that the failure to include such claim may jeopardize its ability to exercise its
remedies with respect to this Agreement at a later date. Any claim for breach
of this Agreement brought before the expiration of the applicable cure period
set forth in this Section V.G.1. shall not be prosecuted by Developer, its
successors and assigns, until the expiration of such cure period except as
set forth in this Agreement, and shall be dismissed by Developer, its
successors and assigns, if the default is cured in accordance with this
Section V.G.1. In the event of a default by the Developer, the City reserves
the right to withhold approval of any pending development application for the
Project to the extent that the subject matter of such default is directly related
to such pending application.
2. Remedies. If any default under this Agreement is not cured as
described above, the non-defaulting Party shall have the right to enforce the
defaulting Party’s obligation hereunder by an action at law or in equity,
including, without limitation, injunction and/or specific performance, and
shall be entitled to an award of any damages available at law or in equity.
In the event of a default by the Developer, the City reserves the right to
withhold approval of any pending development application for the Project to
the extent that the subject matter of such default is directly related to such
pending application.
H. Governing Law. This Agreement shall be construed under and
governed by the laws of the State of Colorado.
I. Governmental Immunity Act. No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS § 24-10-101 et seq., or under any
other law.
J. Integration; Amendment. This Agreement represents the entire
agreement between the Parties with respect to the subject matter hereof and there
are no oral or collateral agreements or understandings. The Parties agree that this
Agreement may be amended only by an instrument in writing signed by the City
and the Developer, or any successor or assign of the Developer to whom the
Developer has granted in writing the right to consent to any such amendment, it
being expressly acknowledged by the parties that consent of Developer’s
successors or assigns to an amendment of this Agreement shall not be required
unless such right is granted in writing by the Developer.
K. Jurisdiction and Venue. The City and the Developer, its successors
and assigns, stipulate and agree that in the event of any dispute arising out of this
Agreement, the courts of the State of Colorado shall have exclusive jurisdiction
over such dispute and venue shall be proper in Larimer County, Colorado. All
Parties hereby submit themselves to jurisdiction of the State District Court, 8th
Judicial District, County of Larimer, State of Colorado.
L. Non-Liability of the Foundation. The Foundation is made a party to
this Agreement solely for the purpose of subjecting the Foundation Property to the
covenants contained in this Agreement and the Foundation specifically consents
to all of the terms and conditions of this Agreement and agrees that the Foundation
Property shall be subject to the covenants contained herein. The Parties expressly
acknowledge and agree that the Foundation shall not be liable for any obligations
of the Developer under this Agreement and the Foundation further acknowledges
that it shall not assume any rights of the Developer to develop any portion of the
PUD Property.
M. Non-Liability of the School District. The School District is made a party
to this Agreement solely for the purpose of subjecting the School District Property,
as a development parcel shown on the PUD Master Plan, to the covenants
contained in this Agreement, subject to the provisions of Section V hereof. The
Parties expressly acknowledge and agree that the School District shall not be liable
for any obligations of the Developer under this Agreement and that the School
District is entitled to develop any site it may own within the PUD Master Plan as a
school site at such time and in such manner as the School District customarily
develops its schools.
N. Multi-Fiscal Year Obligations. To the extent that any of the obligations
of the City contained in this Agreement are or should be considered multi-fiscal
year obligations, such obligations shall be subject to annual appropriation by the
City Council, in its sole discretion, and the Developer shall not be entitled to rely
on a future appropriation in furtherance of any such obligation.
O. No Joint Venture or Partnership. No form of joint venture or
partnership exists between the Developer, the Owners and the City, and nothing
contained in this Agreement shall be construed as making the Developer, the
Owners and the City joint venturers or partners.
P. No Third Party Beneficiaries. Except as otherwise provided in this
Agreement, enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the City,
the Developer, its successors and assigns, and the Owners and nothing contained
in this Agreement shall give or allow any such claim or right of action by any third
party. Except as otherwise provided in this Agreement, it is the express intention
of the City, the Developer, its successors and assigns, and the Owners that any
other person receiving services or benefits under this Agreement shall be deemed
to be an incidental beneficiary only.
Q. Notices. Any notice or communication required under this Agreement
between the City, the Developer, and the Owners must be in writing and may be
given either personally, by registered or certified mail, return receipt requested, by
Federal Express or other reliable courier service that guarantees next day delivery
or by email (if followed by an identical hard copy via registered or certified mail). If
personally delivered, a notice shall be deemed to have been given when delivered
to the party to whom it is addressed. If given by any other method, a notice shall
be deemed to have been given and received on the first to occur of: (a) actual
receipt by any of the addressees designated below as the party to whom notices
are to be sent; or (b) as applicable: (i) three (3) days after a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; (ii) the following business day after being sent
via Federal Express or other reliable courier service that guarantees next day
delivery; or (iii) the following business day after being sent by email (provided that
such email is promptly followed by an identical hard copy sent via registered or
certified mail, return receipt requested). Any party hereto may at any time, by
giving written notice to the other party hereto as provided in this Section V.Q.,
designate additional persons to whom notices or communications shall be given
and designate any other address in substitution of the address to which such notice
or communication shall be given. Such notices or communications shall be given
to the parties at their addresses set forth below:
If to City: City of Fort Collins
ATTN: City Manager
301 LaPorte Avenue
Fort Collins, CO 80521
Email:
With a copy to: City of Fort Collins
ATTN: City Attorney
301 LaPorte Avenue
Fort Collins, CO 80521
Email:
If to Developer: HF2M, Inc.
ATTN: Max Moss
430 N. College Ave. Suite 410
Fort Collins, CO 80524
Email: max@hf2m.com
With copies to: Liley Law Office, LLC
ATTN: Lucia A. Liley
419 Canyon Avenue, Suite 220
Fort Collins, CO 80521
Email: lliley@lileylaw.com
If to Foundation: Anheuser-Busch Foundation
ATTN: Jerrie House Plegge
c/o Anheuser-Busch Companies–Legal Depart.
One Busch Place
St. Louis, MO 63118
With a copy to: Anheuser-Busch Foundation
c/o U.S. Bank
ATTN: Sophia Flynn
505 North 7th Street
St. Louis, MO 63101
If to School District: Poudre School District R-1
ATTN: Brendan Willits, Planning Manager
2407 LaPorte Avenue
Fort Collins, CO 80521
Email: bwillits@psdschools.org
With a copy to: Semple, Farrington, Everall & Case., P.C.
ATTN: Darryl L. Farrington
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Email: dfarrington@semplelaw.com
R. Paragraph Captions. The captions of the paragraphs are set forth
only for the convenience and reference of the Parties and are not intended in any
way to define, limit or describe the scope or intent of this Agreement.
S. Recordation. The City shall record this Agreement in the Larimer
County Records, and the Developer shall pay the cost of the same.
T. Representations and Warranties.
1. Representations and Warranties by the City. The City
represents and warrants that:
a. The City is a home rule municipality and has the power to
enter into and has taken all actions to date required to authorize this
Agreement and to carry out its obligations hereunder including, but not
limited to (i) all actions necessary to adopt and approve the land use
regulations and other provisions set forth in the Development
Documents in a manner that such regulations shall legally govern the
development of the PUD Property; and (ii) all actions necessary to
grant the vested property rights described in this Agreement;
b. The City knows of no litigation, proceeding, initiative,
referendum, investigation or threat of any of the same contesting the
powers of the City or its officials with respect to this Agreement that has
not been disclosed in writing to the Developer;
c. The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the City
or to the City’s governing documents, or (b) result in the breach of any
of the terms or provisions or constitute a default under any agreement
or other instrument to which the City is a party or by which it may be
bound or affected;
d. This Agreement constitutes a valid and binding obligation
of the City, enforceable according to its terms. Pursuant to Section
V.D., the City will cooperate in defending the validity of this Agreement
in the event of any litigation arising hereunder that names the City as a
party or challenges the authority of the City to enter into or perform its
obligations hereunder; and
e. Subject to Section V.G. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the City prove to be materially inaccurate, in whole or in
part, such inaccuracy shall constitute a default by the City under this
Agreement. The City recognizes that the Developer intends to expend
substantial monies to undertake and complete development of the
Project in accordance with the Development Documents in reliance
upon the accuracy of the representations and warranties of the City as
set forth in this Section V.T.1.
2. Representations and Warranties by the Developer. The
Developer represents and warrants that:
a. The Developer is a corporation duly organized, validly
existing and in good standing under the laws of the State of Texas and
qualified to do business in the State; has the legal capacity and the
authority to enter into and perform its obligations under this Agreement
and the documents to be executed in connection herewith;
b. The execution and delivery of this Agreement and the
documents required hereunder and the performance and observance
of their terms, conditions and obligations have been duly and validly
authorized by all necessary action on its part to make this Agreement
and such documents valid and binding upon the Developer;
c. The execution and delivery of this Agreement and the
documents required hereunder and the consummation of the
transactions contemplated by this Agreement will not: (a) conflict with
or contravene any law, order, rule or regulation applicable to the
Developer or to the Developer’s governing documents, or (b) result in
the breach of any of the terms or provisions or constitute a default under
any agreement or other instrument to which the Developer is a party or
by which it may be bound or affected;
d. The Developer knows of no litigation, proceeding,
initiative, referendum, or investigation or threat or any of the same
contesting the powers of the City, the Developer or any of its principals
or officials with respect to this Agreement that has not been disclosed
in writing to the City;
e. The Developer has the necessary legal ability to perform
its obligations under this Agreement. This Agreement constitutes a
valid and binding obligation of the Developer, enforceable according
to its terms; and
f. Subject to Section V.G. of this Agreement relating to
default and remedies, should the foregoing representations and
warranties of the Developer prove to be materially inaccurate, in
whole or in part, such inaccuracy shall constitute a default by the
Developer under this Agreement.
U. Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, all remaining terms, provisions, covenants and conditions of this
Agreement shall continue in full force and effect.
V. Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement
in any instance shall constitute a waiver of such provision in other instances.
W. Waiver of Defects. In executing this Agreement, the Developer and
Owners waive all rights they may have concerning defects, if any, of the form or
substance of this Agreement and the formalities whereby it is executed, concerning
the power of the City to impose conditions as set forth herein and concerning the
procedure, substance and form of the ordinances or resolutions adopting this
Agreement and approving the PUD Master Plan contemplated herein. Similarly,
the City, to the extent legally permissible, waives all rights it may have concerning
defects, if any, of the form or substance of this Agreement and the formalities
whereby it is executed as well as defects, if any, concerning the procedure,
substance and form of the ordinances or resolutions adopting this Agreement and
approving the PUD Master Plan.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
the day and year first written above.
CITY: CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: _______________________________
Wade Troxell, Mayor
Date: _____________, 2020
APPROVED AS TO FORM:
_____________________________
Brad Yatabe, Assistant City Attorney
ATTEST:
____________________________
Delynn Coldiron, City Clerk
DEVELOPER: HF2M, INC., a Texas corporation
By: _____________________________
Jeffrey N. Drinkard, President
STATE OF ____________________ )
) ss.
COUNTY OF __________________ )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20___, by Jeffrey N. Drinkard, President of HF2M, Inc., a Texas
corporation.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
OWNERS: POUDRE SCHOOL DISTRICT R-1,
a political subdivision of the State of
Colorado
By: ____________________________
Printed Name: ___________________
Title: __________________________
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20___, by ______________, _____________ of the Poudre School
District R-1, a political subdivision of the State of Colorado.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
U.S. BANK AS CORPORATE TRUSTEE
OF THE ANHEUSER-BUSCH
FOUNDATION, a Missouri charitable trust
By: ____________________________
Printed Name: ___________________
Title: __________________________
STATE OF MISSOURI )
) ss.
CITY OF ST. LOUIS )
The foregoing Agreement was acknowledged before me this ___ day of
___________, 20__, by _____________, Vice President of U.S. Bank as
Corporate Trustee of the Anheuser-Busch Foundation, a Missouri charitable trust.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ______________
Exhibit A
Definitions
Initialized capitalized terms used in this Agreement have the meanings set
forth below:
Agreement: as defined in the introductory paragraph of this Agreement.
City: as defined in the introductory paragraph of this Agreement.
City Council: means the elected governing body of the City as established
in the City’s Charter.
City Regulations: mean the Municipal Code, the Land Use Code and other
general ordinances, resolutions, regulations, policies and plans of the City, as the
same may be amended from time to time, to the extent any such amendment is
consistent with the terms of this Agreement including, but not limited to, the vested
property right granted in this Agreement.
Developer: as defined in the introductory paragraph of this Agreement.
Development Documents: means this Agreement and the PUD Master
Plan.
Development Property: means the PUD Property less the School Site.
The Development Property is an approximately 891-acre parcel, more particularly
described on Exhibit G attached hereto and incorporated by reference and
generally depicted on Exhibit E attached hereto and incorporated herein by
reference.
Development Standards: means the development standards set forth in
Article 3 of the Land Use Code and the development standards of Article 4 of the
Land Use Code.
Director: means the Director of the Community Development and
Neighborhood Services Department of the City.
Effective Date: means the effective date of the ordinances of the City
Council approving this Agreement and the PUD Master Plan or the latest effective
date of either of such ordinance if approved on separate dates.
Engineering Design Standards: means the engineering design standards
described in Section 3.3.5 of Article 3 of the Land Use Code.
Final Plan: means a final plan as described in the Land Use Code as such
description may be amended from time to time, to the extent any such amendment
is consistent with the terms of this Agreement including, but not limited to, the
vested property right granted in this Agreement.
Foundation: as defined in the introductory paragraph of this Agreement.
Foundation Property: means the approximately 844 acres of real property
owned by the Foundation and described on Exhibit F attached hereto and
incorporated herein by this reference, and generally depicted on Exhibit D
attached hereto and incorporated herein by this reference.
Land Use Code: means the Land Use Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
LCUASS: means the Larimer County Urban Area Street Standards originally
adopted by City Council on January 2, 2001, by Ordinance No. 186, together with
all amendments thereto subsequently adopted by ordinance or resolution of City
Council, except as otherwise provided in this Agreement.
Larimer County Records: means the real estate records of the Clerk and
Recorder of Larimer County, Colorado.
Legal Challenge: means any third party commencement of any legal
proceeding or other action that directly or indirectly challenges this Agreement, the
PUD Overlay, the PUD Master Plan or any of the City’s resolutions or ordinances
approving this Agreement, the PUD Overlay and the PUD Master Plan.
Municipal Code: means the Municipal Code of the City, as the same may
be amended from time to time, to the extent any such amendment is consistent
with the terms of this Agreement including, but not limited to, the vested property
right granted in this Agreement.
Owners: means the Foundation and the School District, collectively.
Party(ies): means each and collectively, the Developer and its successors
and assigns, the School District, the Foundation, and the City.
Project: means the development pursuant to the PUD Master Plan of the
PUD Property.
Project Development Plan: means a project development plan as
described in the Land Use Code as such description may be amended from time
to time, to the extent any such amendment is consistent with the terms of this
Agreement including, but not limited to, the vested property right granted in this
Agreement.
PSD Agreement: means that Real Estate Exchange Agreement dated
June 27, 2019, between the School District and the Developer.
PUD Master Plan: means the planned unit development master plan for
development of the PUD Property entitled the “Montava - PUD Master Plan,” as
the same may from time to time be amended, the components of which are set
forth on Exhibit B, attached hereto and incorporated herein by reference.
PUD Master Plan Summary: as defined in Section II.A.4. of this
Agreement.
PUD Overlay: means the overlay of the approved PUD Master Plan
entitlements and restrictions upon the underlying zone district requirements.
PUD Overlay Regulations: means the planned unit development overlay
regulations adopted by City Council on July 17, 2018, by Ordinance No. 091, 2018,
and codified as Division 4.49 of the Land Use Code, as such regulations may be
amended from time to time to the extent any such amendment is consistent with
the terms of this Agreement including, but not limited to, the vested property right
granted in this Agreement.
PUD Property: means the approximately 999 acres of real property upon
which the PUD Overlay pursuant to the PUD Master Plan has been imposed and
comprised of the Foundation Property, the School District Property and various
rights of way, and described on Exhibit I attached hereto and incorporated herein
by this reference, and generally depicted on Exhibit D attached hereto and
incorporated herein by this reference.
School District: as defined in the introductory paragraph of this Agreement.
School District Property: means the approximately 108 acres of real
property owned by the School District and described on Exhibit J attached hereto
and incorporated herein by this reference, and generally depicted on Exhibit D
attached hereto and incorporated herein by this reference.
School Site: means the approximately 108-acre parcel within the PUD
Master Plan owned by the Foundation and generally described on Exhibit H
attached hereto and incorporated by reference, and generally depicted on Exhibit
E attached hereto and incorporated herein by reference.
Shall, Will or Must: means that compliance is mandatory, unless the
context requires otherwise.
Site Specific Development Plan: means a site specific development plan
as defined in the Land Use Code as such definition may be amended from time to
time but only to the extent that any such amendment is consistent with the terms
of this Agreement including, but not limited to, the vested property right granted in
this Agreement.
State: means the State of Colorado.
Vested Master Plan Components: as defined in Section II.A.4. of this
Agreement.
Vested Property Rights Determination: as defined in Recital J of this
Agreement.
Vested Property Rights Statute: means Section 24-68-101, et seq., of the
Colorado Revised Statutes, in effect on the Effective Date.
Vesting Term: as defined in Section II.C.1. of this Agreement.
Exhibit B
PUD Master Plan
[The documents listed below are identical to the documents contained in
Exhibit A to Ordinance No. 14, 2020]
The PUD Master Plan includes the following documents, on file in the City’s
Development Review Center and incorporated herein by reference:
1. PUD Master Plan Summary
2. Montava PUD Master Plan PUD Design Narrative
3. Sheets 1 through 7 of the Montava – PUD Master Plan:
Sheet 1 Cover Sheet
Sheet 2 Existing Conditions & Natural Features Map
Sheet 3 Illustrative Master Plan
Sheet 4 Annotated Illustrative Master Plan
Sheet 5 Existing Zoning
Sheet 6 PUD Transect Districts and Special Districts
Sheet 7 Development Phasing Plan
4. Montava PUD Master Plan Uses, Densities and Development
Standards
5. Development Standards of the Land Use Code, Appendix A to
the PUD Master Plan Summary
6. Variances from Engineering Design Standards and Proposed
Alternate Designs submitted with such variances, Appendix B
to the PUD Master Plan Summary
Exhibit C
PUD Master Plan Summary
[Final approved PUD Master Plan Summary to be inserted prior to recording this
Agreement. The PUD Master Plan Summary to be inserted will be identical to the
PUD Master Plan Summary contained in Exhibit A to Ordinance No. 014, 2020.]
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Description of Foundation Property
The land referred to is situated in the County of Larimer, State of Colorado and is described as follows:
Parcel 1:
A parcel of ground 200 feet in length North and South and 60 feet in width East and West in the NW¼ of
Section 33, Township 8 North, Range 68 West, more particularly described as follows:
Commencing at a point on the West line of right-of-way of The Colorado Railroad Company (formerly the
Fort Collins Development Railway Company) 1000 feet South of the North line of said NW¼ of said
Section 33, thence South along the West line of said Colorado Railroad Company's right-of-way 200 feet,
thence West parallel with the North line of said NW¼ of said Section 33 60 feet, thence North parallel
with the West line of said Railroad Company's right-of-way 200 feet, thence East 60 feet to the Place of
Beginning,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-003
Parcel 2:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. as
described in deeds recorded in the following books and pages of the records on file in the office of the
Clerk and Recorder of Larimer County: Book 580 at Page 564, Book 677 at Page 119, and Book 246 at
Page 22, and being more particularly described as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, Begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 50.00 feet from the North ¼ of said Section 33, and run thence N89°53'24"W 60.00
feet; thence S00°20'41"E 1000.00 feet; thence S89°53'24"E 60.00 feet; thence N00°20'41"W 1000.00
feet to the Point of Beginning, EXCEPT the North 30.00 feet thereof presently used for County Road No.
52,
LESS AND EXCEPT that portion thereof conveyed to The City of Fort Collins by Special Warranty Deed
recorded September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-009
Parcel 3:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. described
as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 125 feet from the North ¼ corner of said Section 33 and runs thence S00°20'41"E
1200 feet; thence S89°53'24"E 75 feet; thence N00°20'41"W 200 feet; thence N89°53'24"W 60 feet;
thence N00°20'41"W 1000 feet; thence N89°53'24"W 15 feet to the Point of Beginning,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-011
4843-5526-7507, v. 3
Parcel 4:
A portion of the Northwest ¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M. as
described in deeds recorded in the following books and pages of the records on file in the office of the
Clerk and Recorder of Larimer County: Book 580 at Page 564, Book 677 at Page 119, and Book 246 at
Page 22, and being more particularly described as follows:
Considering the North-South centerline of said Section 33 as bearing N00°20'41"W and with all bearings
contained herein relative thereto, Begin at a point on the North line of said Northwest ¼ which point
bears N89°53'24"W 125.00 feet from the North ¼ corner of said Section 33 and run thence N89°53'24"W
135.00 feet along said North line; thence S00°20'41"E 914.50 feet; thence S17°16'41"E 141.60 feet;
thence S29°40'41"E 293.44 feet to a point on the westerly right-of-way line of the Colorado and Southern
Railroad; thence along such right-of-way line on the following courses and distances: N00°20'41"W
104.31 feet, and again N89°53'24"W 50.00 feet, and again N00°20'41"W 1200 feet to the Point of
Beginning, EXCEPT the North 30.00 feet thereof presently used as a right-of-way for County Road No. 52,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-008
Parcel 5:
A portion of the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., which
considering the West line of said NW¼ as bearing N00°35'40"W and with all bearings contained herein
relative thereto, is contained within the boundary lines which begin at the point of intersection of the
South line of said NW¼ with the East right-of-way line of County Road No. 9, which point bears
S89°48'27"E 30.00 feet from the W¼ corner of said Section 33 and run thence N00°35'40"W 1097.74
feet along said right-of-way line to a point on the South line of that parcel of land as described in Deed
recorded in Book 1277 at Page 96;
thence along the southerly and easterly lines of that parcel described in Deed recorded in Book 1277 at
Page 96, and along the easterly lines of that parcel described in Deed recorded in Book 1336 at Page 298
the following eleven courses and distances:
S82°29'40"E 306.91 feet;
thence N59°51'20"E 38.29 feet;
thence S88°54'40"E 35.66 feet;
thence N00°35'40"W 215.30 feet;
thence N38°54'40"W 27.43 feet;
thence N54°36'10"W 277.55 feet;
thence N11°38'40"W 80.90 feet;
thence N02°34'40"W 16.92 feet;
thence N14°22'40"W 95.50 feet;
thence N29°56'40"W 114.42 feet;
thence N35°00'40"W 64.22 feet to a point on the East right-of-way line of County Road No. 9;
thence N00°35'40"W 792.76 feet along said East right-of-way line to its point of intersection with the
South right-of-way line of County Road No. 52;
thence S89°53'24"E 2346.02 feet along said South right-of-way line to its point of intersection with the
West line of land presently owned by Great Western Sugar Company, as described in Deed recorded in
Book 580 at Page 564;
thence along this present boundary line of Great Western Sugar Company as described in Deeds recorded
in Book 580 at Page 564 and in Book 677 at Page 119 on the following courses and distances:
S00°20'41"W 884.50 feet, and again
S17°16'41"E 141.60 feet, and again
S29°40'41"E 293.44 feet to a point on the West right-of-way line of the Colorado & Southern Railroad as
described in Deed recorded in Book 302 at Page 236;
thence S00°20'41"E 1336.00 feet along said West right-of-way line as described in Deed recorded in Book
302 at Page 236 to its point of intersection with the South line of said NW¼;
thence N89°48'27"W 2519.69 feet along said South line to the Point of Beginning,
LESS AND EXCEPT those portions conveyed to The City of Fort Collins, Colorado by Special Warranty
Deed recorded September 14, 1984 in Book 2289 at Page 1283, Warranty Deed recorded March 8, 1985
at Reception No. 85010962 and Warranty Deed recorded July 21, 1986 at Reception No. 86039152,
AND LESS AND EXCEPT that portion known as Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research
Facility” recorded March 22, 1989 at Reception No. 89012104,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-001
Parcel 6:
A tract of land situate in the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M.,
County of Larimer, State of Colorado, which considering the West line of said NW¼ as bearing due South
and with all bearings contained herein relative thereto is contained within the boundary lines which begin
at a point which bears S. 832.13 feet from the Northwest corner of said Section 33 and run thence E.
30.00 feet; thence S. 34°25' E. 64.22 feet; thence S. 29°21' E. 114.42 feet; thence S. 13°47' E. 95.50
feet; thence S. 01°59' E. 16.92 feet; thence West 145.72 feet to a point on the West line of said NW¼;
thence North 262.37 feet along said West line to the Point of Beginning, EXCEPT right of way for County
Road #9 over the westerly 30 feet thereof,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-005
Parcel 7:
A portion of the NW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., being that parcel
of land as described in Deed recorded in Book 1277 at Page 96 and which, considering the West line of
said NW¼ as bearing S00°35'40"E with all bearings contained herein relative thereto, is contained within
the boundary lines which begin at a point which bears S00°35'40"E 1085.50 feet and again N89°24'20"E
30.00 feet from the Northwest corner of said Section 33, said Point of Beginning lying on the East rightof-
way line of County Road No. 9, and run thence N89°24'20"E 115.72 feet; thence S11°38'40"E 80.90
feet;
thence S54°36'10"E 277.55 feet;
thence S38°54'40"E 27.43 feet;
thence S00°35'40"E 215.30 feet;
thence N88°54'40"W 35.66 feet;
thence S59°51'20-- 38.29 feet;
thence N82°29'40"W 306.91 feet to a point on the East right-of-way line of County Road No. 9;
thence N00°35'40"W 453.92 feet along said East right-of-way line to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88330-00-006
Parcel 8:
A portion of the NE¼ of Section 32, Township 8 North, Range 68 West of the 6th P.M., which considering
the East line of said NE¼ as bearing S00°35'40"E and with all bearings contained herein relative thereto,
is contained within the boundary lines which begin at the point of intersection of the South line of said
NE¼ with the West right-of-way line of County Road No. 9, said Point of Beginning bearing N89°49'24"W
30.00 feet from the E¼ corner of said Section 32, and run thence N89°49'24"W 2534.49 feet along said
South line to its point of intersection with the East right-of-way line of the No. 8 Outlet Ditch as described
in Deed recorded in Book 187 at Page 178;
thence N00°33'14"W 2611.39 feet along said East right-of-way line to its point of intersection with the
South right-of-way line of County Road No. 52; thence S89°43'08"E 2532.70 feet along said South
rightof-
way line to its point of intersection with the West right-of-way line of County Road No. 9;
thence S00°35'40"E 2606.80 feet along said West right-of-way line to the Point of Beginning,
EXCEPT a strip of land 20 feet in width across the NE¼NE¼ of Section 32, Township 8 North, Range 68
West conveyed to W.C. Alford by Jacob Armstrong, Jr. in the Deed recorded May 15, 1886 in Book 44 at
Page 253, described as:
Commencing at a point on the North line of Section 32, about 60 rods West from the Northeast corner of
said Section and running thence in a southeasterly direction to a point on the East line of Section 32
about 60 rods South of the Northeast corner of said Section,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88320-00-001
Parcel 9:
A portion of the SE¼ of Section 32, Township 8 North, Range 68 West of the 6th P.M., which considering
the East line of said SE¼ as bearing S00°33'21"E and with all bearings contained herein relative thereto,
in contained within the boundary lines which begin at the point of intersection of the North line of said
SE¼ and the West right-of-way line of County Road No. 9, said Point of Beginning bearing N89°49'24"W
30.00 feet from the E¼ corner of said Section 32 and run thence N89°49'24"W 2534.49 feet along said
North line to its point of intersection with the East right-of-way of the No. 8 Outlet Ditch as described in
Deed recorded in Book 187 at Page 163;
thence S00°33'14"E 2618.38 feet along said East right-of-way line to its point of intersection with the
North right-of-way line of County Road No. 50;
thence S89°57'46"E 2534.51 feet along said North right-of-way line to its point of intersection with the
West right-of-way line of County Road No. 9;
thence N00°33'21"W 2612.21 feet along said West right-of-way line to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 88320-00-002
Parcel 10:
A portion of the SW¼ of Section 33, Township 8 North, Range 68 West of the 6th P.M., which
considering the West line of said SW¼ as bearing N00°33'21"W and with all bearings contained herein
relative thereto, is contained with the boundary lines which begin at the point of intersection of the North
line of said SW¼ with the East right-of-way line of County Road No. 9, said Point of Beginning bearing
S89°48'27"E 30.00 feet from the W¼ corner of said Section 33 and run thence S00°33'21"E 2612.02 feet
along said East right-of-way line to its point of intersection with the North right-of-way line of County
Road No. 50;
thence N89°58'52"E 2509.99 feet along said North right-of-way line to its point of intersection with the
West right-of-way line of the Colorado and Southern Railroad Company as described in Deed recorded in
Book 289 at Page 118;
thence N00°20'41"W 2602.65 feet along said West right-of-way line to its point of intersection with the
North line of said SW¼;
thence N89°48'27"W 2519.69 feet to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For informational purposes only: APN - a portion of 88330-00-002
Parcel 11:
A portion of the NW¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., which considering
the West line of said NW¼ as bearing N00°20'02"E and with all bearings contained herein relative
thereto, is contained within the boundary lines which begin at a point of intersection of said West line
with the South right-of-way line of County Road No. 50 said Point of Beginning bearing S00°20'02"W
30.00 feet from the Northwest corner of said Section 4, and run thence N89°58'52"E 2535.02 feet along
said South right-of-way line to its point of intersection with the West right-of-way line of the Colorado
and Southerly Railroad Company as described in Deed recorded in Book 171 at Page 301;
thence S00°03'25"W 2198.00 feet along said West right-of-way line;
thence S11°04'43"W 392.24 feet along said West right-of-way line to its point of intersection with the
South line of said NW¼;
thence N89°15'23"W 2472.54 feet along said South line to the W¼ corner of said Section 4;
thence N00°20'02"E 2550.04 feet along the West line of said NW¼ to the Point of Beginning,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
County of Larimer,
State of Colorado.
For information purposes only: APN - 87040-00-002
Parcel 12:
All that portion of the NE¼ of Section 4, Township 7 North, Range 68 West of the 6th P.M., lying North
of the Larimer and Weld Canal contained within the boundary lines which, considering the North line of
said NE¼ as bearing N89°51'W and with all bearings contained herein relative thereto, in contained
within the boundary lines which begin at a point on the West line of said NE¼, which point bears
N00°03'25"E 140.00 feet from the Center ¼ corner of said Section 4, and run thence N89°34'15"E 15.00
feet;
thence N36°54'15"E 200.00 feet;
thence N55°54'15"E 200.00 feet;
thence N68°34'15"E 100.00 feet;
thence N86°34'15"E 1900.00 feet;
thence S88°25'45"E 92.96 feet to a point on the westerly right-of-way line of Highway I-25; thence along
the West and South right-of-way lines of Highway I-25 as described in Deed recorded in Book 1276 at
Page 251 on the following courses and distances:
N00°26'E 1948.98 feet, and again N84°38'W 769.70 feet to its point of intersection with the South
rightof-
way line of County Road No. 50; thence N89°51'W 1629.32 feet along said South right-of-way line to
its point of intersection with the West line of said Northeast ¼; thence S00°03'25"W 2444.97 feet along
said West line to the Point of Beginning, EXCEPTING parcels conveyed to the Colorado Department of
Highways in Book 873 at Pages 119 and 124 and in Book 1276 at Page 251,
LESS AND EXCEPT that portion conveyed to The City of Fort Collins by Special Warranty Deed recorded
September 14, 1984 in Book 2289 at Page 1283,
AND LESS AND EXCEPT those portions conveyed to The State Department of Highways, State of
Colorado by Warranty Deed recorded July 28, 1986 at Reception No. 86040655,
County of Larimer,
State of Colorado.
For informational purposes only: APN - 87040-00-001
LESS AND EXCEPT any portion of the foregoing Parcels 1 -12 contained in the lands described in the final
amended plat/replat of Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research Facility” recorded March 22,
1989 at Reception No. 89012104, which amended plat/replat is to be recorded upon approval by the City
of Fort Collins, Colorado, a draft of such amended plat/replat labeled B.A.R.I. BARLEY RESEARCH
FACILITY AMENDMENT NO. 1 MINOR PLAT, is attached hereto as Exhibit F-1.
E[KLELW F-1
Copy of GUDIWB.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat
of Lot 1, Block 1, of "Final Plat B.A.R.I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[WZRSDJHVattached]
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
EXHIBIT B
Exhibit “G”
Description of Development Property
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 32, A PORTION OF
THE SOUTHWEST CORNER OF SECTION 32, AND THE WEST HALF OF SECTION
33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
AND THE NORTH HALF OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 32 WHENCE THE
SOUTH QUARTER CORNER BEARS S00°29'18"E A DISTANCE OF 5289.91 FEET
AND CONSIDERING ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE S89°35'02"E A DISTANCE OF 2638.10 FEET;
THENCE S89°53'24"E A DISTANCE OF 1773.90 FEET;
THENCE S00°00'00"E A DISTANCE OF 510.00 FEET;
THENCE S89°53'24"E A DISTANCE OF 864.98 FEET;
THENCE S00°16'21"E A DISTANCE OF 1475.57 FEET;
THENCE S89°59'54"E A DISTANCE OF 397.54 FEET;
THENCE S00°20'11"E A DISTANCE OF 380.10 FEET;
THENCE S89°59'31"E A DISTANCE OF 397.12 FEET;
THENCE S00°16'21"E A DISTANCE OF 2906.93 FEET;
THENCE S00°06'47"E A DISTANCE OF 50.00 FEET;
THENCE S89°47'00"E A DISTANCE OF 945.36 FEET;
THENCE S00°00'50"E A DISTANCE OF 15.00 FEET;
THENCE N89°59'10"E A DISTANCE OF 1022.26 FEET;
THENCE S84°33'41"E A DISTANCE OF 150.45 FEET;
THENCE S00°31'28"E A DISTANCE OF 220.49 FEET;
THENCE S19°10'52"E A DISTANCE OF 716.33 FEET;
THENCE S06°01'40"E A DISTANCE OF 296.08 FEET;
THENCE S00°30'00"W A DISTANCE OF 783.98 FEET;
THENCE N88°21'45"W A DISTANCE OF 92.96 FEET;
THENCE S86°38'15"W A DISTANCE OF 1900.01 FEET;
THENCE S68°38'10"W A DISTANCE OF 99.99 FEET;
THENCE S55°58'15" W A DISTANCE OF 200.00 FEET;
THENCE S36°58'15"W A DISTANCE OF 199.96 FEET;
THENCE S89°38'15"W A DISTANCE OF 15.00 FEET;
THENCE S00°06'47"W A DISTANCE OF 139.93 FEET;
THENCE N89°11'06"W A DISTANCE OF 2627.63 FEET;
THENCE N00°23'56"E A DISTANCE OF 2580.05 FEET;
THENCE N89°53'45W A DISTANCE OF 2639.82 FEET;
THENCE S89°44'44"W A DISTANCE OF 1339.28 FEET;
THENCE N01°15'55"W A DISTANCE OF 1062.88 FEET;
THENCE S89°50'10"W A DISTANCE OF 721.52 FEET;
EXHIBIT B
THENCE N01°15'28"W A DISTANCE OF 1589.29 FEET;
THENCE N89°50'10"E A DISTANCE OF 2060.57 FEET;
THENCE N00°29'18"W A DISTANCE OF 2644.95 FEET TO THE POINT OF
BEGINNING;
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A DRAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT G-1.
SAID PARCEL CONTAINS 998.50 ACRES (43,494,643.5422 SQUARE FEET) MORE
OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD
LESS:
A parcel of land, approximately 108 acres (+/-) in size, which is a portion of and located
in Section 4, T7N, R68W, 6
th
P.M., County of Larimer, State of Colorado.
Such land is generally depicted as two parcels (1 – High School Site, 72 acres with off-
site detention; and 2 – Middle school Site, 36 acres with off-site detention) on Exhibit G-
2 attached hereto and incorporated herein by reference.
The parties acknowledge that the description above is a general description only, and
the foregoing is not intended to constitute a newly created legal description of a
subdivided parcel (§38-35-106.5, C.R.S.), and is not intended to create a subdivision in
violation of any applicable law.
For informational purposes only:
Part of Assessor Parcel Number: 8704000002
Part of Schedule Number: R 0156191
EXHIBIT B
EXHIBIT G-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat of
Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
EXHIBIT B
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
EXHIBIT B
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
EXHIBIT B
Exhibit G-2
General Depiction of School Site
EXHIBIT B
Exhibit H
(page 1)
General Description of School Site
A parcel of land, approximately 108 acres (+/-) in size, which is a portion
of and located in Section 4, T7N, R68W, 6th
P.M., County of Larimer, State
of Colorado.
Such land is generally depicted as two parcels (1 – High School Site, 72
acres with off-site detention; and 2 – Middle school Site, 36 acres with off-
site detention) on the next page attached hereto and incorporated herein
by reference.
The parties acknowledge that the description above is a general
description only, and the foregoing is not intended to constitute a newly
created legal description of a subdivided parcel (§38-35-106.5, C.R.S.),
and is not intended to create a subdivision in violation of any applicable
law.
For informational purposes only:
Part of Assessor Parcel Number: 8704000002
Part of Schedule Number: R 0156191
Part of Parcel 11 on Exhibit F (Foundation Property)
EXHIBIT B
EXHIBIT B
Exhibit H
(page 2)
General Depiction of School Site
EXHIBIT B
Exhibit “I”
Description of PUD Property
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 32, A PORTION OF
THE SOUTHWEST CORNER OF SECTION 32, AND THE WEST HALF OF SECTION
33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
AND THE NORTH HALF OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 32 WHENCE THE
SOUTH QUARTER CORNER BEARS S00°29'18"E A DISTANCE OF 5289.91 FEET
AND CONSIDERING ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE S89°35'02"E A DISTANCE OF 2638.10 FEET;
THENCE S89°53'24"E A DISTANCE OF 1773.90 FEET;
THENCE S00°00'00"E A DISTANCE OF 510.00 FEET;
THENCE S89°53'24"E A DISTANCE OF 864.98 FEET;
THENCE S00°16'21"E A DISTANCE OF 1475.57 FEET;
THENCE S89°59'54"E A DISTANCE OF 397.54 FEET;
THENCE S00°20'11"E A DISTANCE OF 380.10 FEET;
THENCE S89°59'31"E A DISTANCE OF 397.12 FEET;
THENCE S00°16'21"E A DISTANCE OF 2906.93 FEET;
THENCE S00°06'47"E A DISTANCE OF 50.00 FEET;
THENCE S89°47'00"E A DISTANCE OF 945.36 FEET;
THENCE S00°00'50"E A DISTANCE OF 15.00 FEET;
THENCE N89°59'10"E A DISTANCE OF 1022.26 FEET;
THENCE S84°33'41"E A DISTANCE OF 150.45 FEET;
THENCE S00°31'28"E A DISTANCE OF 220.49 FEET;
THENCE S19°10'52"E A DISTANCE OF 716.33 FEET;
THENCE S06°01'40"E A DISTANCE OF 296.08 FEET;
THENCE S00°30'00"W A DISTANCE OF 783.98 FEET;
THENCE N88°21'45"W A DISTANCE OF 92.96 FEET;
THENCE S86°38'15"W A DISTANCE OF 1900.01 FEET;
THENCE S68°38'10"W A DISTANCE OF 99.99 FEET;
THENCE S55°58'15" W A DISTANCE OF 200.00 FEET;
THENCE S36°58'15"W A DISTANCE OF 199.96 FEET;
THENCE S89°38'15"W A DISTANCE OF 15.00 FEET;
THENCE S00°06'47"W A DISTANCE OF 139.93 FEET;
THENCE N89°11'06"W A DISTANCE OF 2627.63 FEET;
THENCE N00°23'56"E A DISTANCE OF 2580.05 FEET;
THENCE N89°53'45W A DISTANCE OF 2639.82 FEET;
THENCE S89°44'44"W A DISTANCE OF 1339.28 FEET;
THENCE N01°15'55"W A DISTANCE OF 1062.88 FEET;
THENCE S89°50'10"W A DISTANCE OF 721.52 FEET;
EXHIBIT B
THENCE N01°15'28"W A DISTANCE OF 1589.29 FEET;
THENCE N89°50'10"E A DISTANCE OF 2060.57 FEET;
THENCE N00°29'18"W A DISTANCE OF 2644.95 FEET TO THE POINT OF
BEGINNING;
LESS AND EXCEPT ALL EXISTING RAILROAD RIGHTS-OF-WAY AND LESS AND
EXCEPT ANY PORTION CONTAINED IN THE LANDS DESCRIBED IN THE FINAL
AMENDED PLAT/REPLAT OF LOT 1, BLOCK 1, OF "FINAL PLAT B.A.R.I. BARLEY
RESEARCH FACILITY" RECORDED MARCH 22, 1989 AT RECEPTION NO.
89012104, WHICH AMENDED PLAT/REPLAT IS TO BE RECORDED UPON
APPROVAL BY THE CITY OF FORT COLLINS, COLORADO, A DRAFT OF SUCH
AMENDED PLAT/REPLAT LABELED B.A.R.I. BARLEY RESEARCH FACILITY
AMENDMENT NO. 1 MINOR PLAT, IS ATTACHED HERETO AS EXHIBIT I-1.
SAID PARCEL CONTAINS 998.50 ACRES (43,494,643.5422 SQUARE FEET) MORE
OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD
EXHIBIT B
EXHIBIT I-1
Copy of draft B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT, a proposed replat of
Lot 1, Block 1, of “Final Plat of B.A.R I. Barley Research Facility” recorded March 22, 1989 at Reception
No. 89012104
[two pages attached]
EXHIBIT B
Sheet 1 of 2
VICINITY MAP
SITE
DATE OF PREPARATION: 1/15/2017
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 1 OF 2
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SEC 33
EXHIBIT B
Sheet 2 of 2
B.A.R.I. BARLEY RESEARCH FACILITY AMENDMENT NO. 1 MINOR PLAT
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SHEET 2 OF 2
EXHIBIT B
Exhibit J
Description of School District Property
A TRACT OF LAND LOCATED IN THE SW QUARTER OF SECTION 32,
T8N, R68W of 6th PM, BEG AT W 1/4 COR, N 89 50' 10" E 2622.74 FT
TO CEN 1/4 COR, S 0 51' 56" E 2649.77 FT TO S 1/4 COR, S 89 44' 44"
W 1339.28 FT ALG S LN, N 0 15' 16" W 911.83 FT, S 89 44' 44" W
459.73 FT, N 60 15' W 117 FT, N 65 47' 7" W 176.13 FT TO SE CO
As described in that certain warranty deed from MARILYN SHERWIN,
STORYBOOK FARM LLC, and CAROL STORY UTHMANN to POUDRE
SCHOOL DISTRICT R-1, recorded 10/05/1998, at Reception No.
19980086672, County of Larimer, State of Colorado; and in that certain
quit claim deed from MIDTOWN HOMES AT STORYBOOK LLC to
POUDRE SCHOOL DISTRICT R-1, recorded 04/30/2014, at Reception
No. 20140021323, County of Larimer, State of Colorado, consisting of
approximately 108.06 acres (+/-).
For informational purposes only:
Assessor Parcel Number :8832000905
Schedule Number: R1589140
EXHIBIT B
MEMORANDUM
DATE: November 15, 2019
TO: Mayor Troxell and City Councilmembers
FROM: Tom Leeson, Community Development & Neighborhood Services Director
RE: Extended Vesting Justification
Introduction:
The purpose of this memo is to provide City Council with a written determination that a vesting
period of longer than three years is justified for the proposed Montava Planned Unit
Development (PUD).
Background:
A PUD Master Plan is eligible for a vested property right with respect to uses, densities,
development standards, and Engineering Standards for which variances have been granted for
a period of three (3) years. The vested property right shall not exceed three (3) years unless:
x (a) an extension is granted pursuant to the PUD provisions of the Land Use Code, or;
x (b) the City and the developer enter into a development agreement which vests the
property right for a period exceeding three (3) years.
Such agreement may be entered into by the City if the Director of Community Development &
Neighborhood Services determines that it will likely take more than three (3) years to complete
all phases of the development and the associated engineering improvements for the
development, and only if warranted in light of all relevant circumstances, including, but not
limited to, the overall size of the development and economic cycles and market conditions.
The Montava PUD is one of the largest single proposed development in Fort Collins history.
The project is proposed to develop in multiple phases over the course of more than 20 years,
and upon full buildout, will include about 4,000-5,000 residential dwelling units, 400,000 square
feet of office and commercial uses, 100 acres of industrial uses, and a farm. Montava’s
proposed mix of uses, variety of housing, system of open space, pedestrian orientation,
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EXHIBIT B
incorporation of urban agriculture, energy efficient design, unique design standards, and
infrastructure improvements will take many years to be realized.
Given the scale of the project, I have determined that it will likely take more than three (3)
years to complete all phases of the development and the associated engineering
improvements, that extended vesting beyond three years is warranted in light of the large size
of the development and potential market cycles and market conditions, and that the request for
a 25 years vesting period is reasonable.
EXHIBIT B