HomeMy WebLinkAbout049 - 04/17/2001 - ADOPTING A DEVELOPMENT AGREEMENT EXTENDING THE TERM OF VESTED PROPERTY RIGHTS FOR HEWLETT-PACKARD AT ORDINANCE NO. 49, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A DEVELOPMENT AGREEMENT EXTENDING THE
TERM OF VESTED PROPERTY RIGHTS FOR HEWLETT-PACKARD AT THE
HARMONY TECHNOLOGICAL PARK FINAL PLAN FROM
THREE YEARS TO FIFTEEN YEARS
WHEREAS, Section 2.2.11(D)(3) of the Land Use Code establishes a three-year term of
vested property right for approved final development plans and also authorizes the City Council to
adopt a development agreement extending the term of vested property'right provided by such
development agreement be adopted by ordinance of the Council as a legislative act subject to
referendum and provided that the subject development constitutes a "large-base industry"; and
WHEREAS, the Hewlett-Packard Corporation desires to obtain a 15-year term of vested
property right for its Harmony Technological Park Campus,which features six buildings containing
750,000 square feet of floor area to be constructed over a time frame that exceeds three years; and
WHEREAS, the Hewlett-Packard Corporation qualifies as a "large-base industry" as that
term is defined in Section 5.1.2 of the Land Use Code; and
WHEREAS, due to the size and complexity of the Hewlett-Packard at Harmony
Technological Park Plan,the Council has determined that, if such development plan is approved by
the City,it would be in the best interests of the City that said plan be granted a 15-year term of vested
property right.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2.2.11(D)(3) of the Land Use Code, the Hewlett-Packard at
Harmony Technological Park Final Plan, if approved by the City, shall be granted a 15-year term of
vested property right for development in accordance with the approved final development plan
documents and in accordance with the Development Agreement Regarding Vested Rights,attached
hereto and incorporated herein as Exhibit "A".
Introduced and considered favorably on first reading and ordered published this 20th day of
March, A.D. 2001, and to be presented for final passage on the 17th day of April, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of April, A.D. 2001.
M yor
ATTEST:
LL�
City Clerk
EXHIBIT "A"
DEVELOPMENT AGREEMENT
REGARDING VESTED RIGHTS
THIS DEVELOPMENT AGREEMENT REGARDING VESTED RIGHTS (this
"Agreement") is entered into as of the day of 2001,
by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation
(the "City"), and HEWLETT-PACKARD COMPANY, a Delaware corporation (the
"Company").
RECITALS
WHEREAS, the Company owns certain property in the City, Larimer County,
Colorado, as more specifically described in Exhibit A attached hereto and by this
reference incorporated herein and labeled "Harmony Technology Park" (the
"Property");
WHEREAS, the Company has annexed the Property to the City;
WHEREAS, the Company intends to develop the Property and create a site
specific development plan for the Property;
WHEREAS, the site specific development plan contemplates that the
development of the Property shall take at least fifteen (15) years;
WHEREAS, the Company desires that the term of its vested right in the Property
be fifteen (15) years; and
WHEREAS, development of the Property will produce substantial economic
benefits for the City in the form of increased property, use and sales taxes and new jobs
and other economic development, all of which promote the general welfare of the citizens
of the City and others.
NOW THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties agree as follows:
AGREEMENT
1. Consent. The Company hereby intends to develop the Property subject to
the terms and conditions of its site specific development plan and the terms and
conditions of this Agreement and any subsequent development agreements executed by
the parties. In the event the City enters into this Agreement prior to approval of the site
specific development plan by the City Council of the City, the parties agree that the
binding effect of this Agreement is expressly conditioned upon such approval by the City
Council.
2. Vested Rights. Pursuant to Section 2.2.11 of the Fort Collins Land Use
Code and applicable Colorado law, including C.R.S. 24-68-101, et seq., the parties agree
that the Company shall have fifteen (15) years (the "Term of the Vested Property
Right") following the approval of the Company's final plan or other site specific
development plan to (i) undertake and complete the development and use of the Property
under the terms and conditions of the final approved site specific development plan and
site development agreement and (ii) install and complete all engineering improvements
(water, sewer, streets, curb, gutter, street lights, fire hydrants, landscaping and storm
drainage) in accordance with City codes, rules and regulations, and the City will not
forfeit the Company's vested rights in the Property within the Term of the Vested
Property Right. The running of the Term of the Vested Property Right shall be tolled
during the pendency of any appeal, referendum, initiative or judicial action that is filed
that would, if successful, prevent the development of the Property. Nothing herein shall
be construed to prohibit the City from applying to the development of the Property such
ordinances or regulations as may exist at the time of development that are general in
nature and are applicable to all property subject to land use regulation by the City, as
permitted under § 24-68-105(2), C.R.S.
3. Appeal, Referendum, Initiative and Judicial Action. If any appeal,
referendum, initiative or judicial action is filed that would, if successful, have the effect
of preventing the development of the Property, the Company may delay commencement
of or actual construction of the public improvements, including the letting of bids and
including the provision of temporary electric service, until such referendum, initiative or
judicial action is finally resolved unless the City agrees to fully reimburse the Company
for the cost of the public improvements in the event that the referendum, initiative or
judicial action prevents the development of the Property. The City shall, to the extent
allowed by applicable laws and the Charter of the City, cooperate in the defense of the
Company, at the Company's expense, with regards to any referendum, initiative and
judicial action that would, if successful, have the effect of preventing the development of
the Property.
4. Incorporation. The terms and conditions of this Agreement shall be
deemed to be incorporated into the site-specific development plan, when approved by the
City.
5. Integration and Amendment. This Agreement represents the entire
Agreement between the parties with respect to the Property and supersedes all prior
written or oral agreements or understandings with regard to the obligations of the parties
with regard to the Property. This Agreement may only be amended by written agreement
signed by the Company and the City. Only the City Council, as a representative of the
City, shall have authority to amend this Agreement.
6. Remedies. In the event that a party breaches its obligations under this
Agreement, the injured party shall be entitled to monetary damages, equitable relief,
including specific performance, and such other remedies at law or in equity as may be
available under applicable law. In the event of litigation relating to or arising out of this
Agreement, the prevailing party, whether plaintiff or defendant, shall be entitled to,
recover costs and reasonable attorneys' fees.
7. Effective Date. This Agreement shall become effective on the date that it
is executed and delivered and has been approved by the City Council. If the City does not
approve the site specific development plan for the Property, this Agreement shall become
null and void and of no force or effect whatsoever. If the City does not approve the site
specific development plan for Property, neither party will be liable to the other for any
costs that the other party has incurred in the negotiation of this Agreement or in any other
matter related to the potential development of the Property.
8. Severability. Should any court of competent jurisdiction rule that any
term, condition or provision of this Agreement is illegal or otherwise unenforceable, it is
the intent of the parties that the remainder of the Agreement continue to be fully
enforceable and that all other rights and obligations of the parties shall continue to be
fully effective.
9. Binding Effect and Recordation. The promises made in this Agreement by
the Company shall be deemed to have been made by any corporation or other business
affiliated with the Company that acquires ownership or possession of all or any portion of
the Property. The parties agree to execute a memorandum of this Agreement that the
Company shall prepare and record with the Clerk and Recorder for Larimer County,
Colorado. It is the intent of the parties that their respective rights and obligations set forth
in this Agreement shall constitute equitable servitudes that run with the land and shall
benefit and burden any successors to the parties. The site specific development plan for
the Property shall contain a note that it is subject to this Agreement and shall recite the
book and page or reception number where the memorandum of this Agreement is
recorded. The site specific development plan shall recite that all lienholders, if any, agree
to the terms and conditions of this Agreement and subordinate their interests to this
Agreement. The Company agrees to all promises made by the Company which shall
constitute equitable servitudes that run with the land, but the shareholders, officers,
representatives and agents of the Company shall have no personally liability for such
promises.
IN WITNESS WHEREOF, the parties have caused this Development Agreement
Regarding Vesting Rights to be executed as of the date first written above.
HEWLETT-PACKARD COMPANY,
a Delaware corporation
By:
Its:
ATTEST:
THE CITY OF FORT COLLINS,
COLORADO
By:
City Clerk
By:
Mayor
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing Development Agreement Regarding Vested Rights was executed
before me this _ day of , 2001, by ,
as of HEWLETT-PACKARD COMPANY, a
Delaware corporation.
WITNESS my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing Development Agreement was executed before me this day
of 2001, by Ray Martinez, as Mayor, and by
as City Clerk, of the CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
WITNESS my hand and official seal.
My commission expires
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
\Clients\iP\Harmony Tech Park\Development Agmt Vested Rights#3 031201.doc