HomeMy WebLinkAbout1997-038-03/18/1997-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND THE CITY OF LOVELAND FOR THE PURC RESOLUTION 97-38
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY AND THE CITY OF LOVELAND
FOR THE PURCHASE AND MANAGEMENT OF APPROXIMATELY
FOUR-HUNDRED AND SEVENTY-EIGHT ACRES OF LAND
FOR NATURAL AREA AND OPEN LAND CONSERVATION PURPOSES
WHEREAS, Ute Farm Inc., and One Putt, Inc., both Colorado Corporations, are the
respective owners of two properties totaling approximately four-hundred and seventy-eight (478)
acres of land(the"Property') more particularly described on Exhibit "A" to the Intergovernmental
Agreement, which exhibit is attached hereto and incorporated herein by this reference; and
WHEREAS,the Property is located immediately west of Highway 287 in the area referred
to as the corridor between Fort Collins and Loveland; and
WHEREAS, Ute Farm Inc. and One Putt, Inc. have agreed to sell the Property to Larimer
County for $2,465,000 plus interest costs of approximately $261,562.50, or a total price of
$2,726,562.50; and
WHEREAS,City staff has negotiated a proposed Intergovernmental Agreement with Larimer
County and the City of Loveland regarding the sharing of costs and responsibilities for the
acquisition, ownership, and management of the Property; and
WHEREAS, under the terms of the Intergovernmental Agreement, Latimer County would
pay a total of$1,363,281.28 for an undivided 50% interest in the Property, the City of Fort Collins
would pay a total of$909,035.93 for an undivided 33.34%interest,and the City of Loveland would
pay a total of$454,245.29 for an undivided 16.66% interest; and
WHEREAS, under the terms of the Intergovernmental Agreement, Larimer County would
be responsible for long-term management of the Property; and
WHEREAS, one of the objectives of the Natural Areas Policy Plan as adopted by the City
Council is to establish a system of publicly owned natural areas to protect the integrity of critical
conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort
Collins' diverse natural heritage and provide a broad range of opportunities for educational,
interpretive, and recreational programs to meet community needs; and
WHEREAS,the Parks and Recreation Policy Plan,as adopted by the City Council, identifies
the Property as a priority open land area to be protected; and
WHEREAS,the Plan for the Region Between Fort Collins and Loveland, as adopted by the
City Council, identifies the Property as a significant open land area to be protected; and
WHEREAS, City Plan, as adopted by the City Council, also identifies the Property as a
significant open land area providing separation between the two communities; and
WHEREAS,the purchase of the Property will help the City meet the objectives of the City's
Natural Areas Policy Plan,the Parks and Recreation Policy Plan,the Plan for the Region Between
Fort Collins and Loveland, and City Plan; and
WHEREAS, in the November 1992 General Election,the citizens of the city of Fort Collins
approved a one-quarter cent sales tax to fund the acquisition and maintenance of natural areas; and
WHEREAS, sufficient monies are available and appropriated in the Natural Areas Project
in the Capital Projects Fund to fund the City's share of the initial payment for the acquisition of said
Property; and
WHEREAS,in the November 1995 General Election,the voters of Larimer County approved
the "Help Preserve Open Spaces" initiative for a county-wide one-quarter cent sales tax for open
space, natural areas, wildlife habitat, regional parks and trails; and
WHEREAS, sufficient revenues are anticipated to be available from the City's share of the
county-wide Help Preserve Open Spaces sales tax to fund the City's share of future payments for
acquisition of the Property; and
WHEREAS,the Council has determined that the purchase price of the Property is fair and
reasonable and in the best interests of the citizens of Fort Collins; and
WHEREAS,the Natural Resources Advisory Board and the Parks and Recreation Board have
recommended to the Council that the acquisition of the Property be completed; and
WHEREAS, Article II, Section 16 of the City Charter provides that the Council may enter
into agreements with other governmental bodies for the performance of cooperative or joint
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Mayor be, and hereby is, authorized to enter into an
Intergovernmental Agreement with Larimer County and the City of Loveland for the joint
acquisition, ownership and management of the Property described on Exhibit "A" to the
Intergovernmental Agreement, attached hereto and incorporated herein by this reference, which
agreement shall be substantially in the form of the proposed agreement attached hereto and
incorporated herein by this reference(the"Agreement");provided,however,that the City Manager,
in consultation with the City Attorney, may make such additions, deletions, and revisions to the
Agreement as he deems necessary and appropriate to protect the interests of the City.
Section 2. That the Property, while owned by the City, shall be used solely for the
purposes of public natural areas and open lands, and that in the event that the City Council
subsequently determines that it is in the best interests of the City to sell or otherwise dispose of all
or any portion of the Property, the proceeds of such sale shall be dedicated to the acquisition or
maintenance of other public natural areas and open lands.
Passed and adopted at a regular meeting of the Council ity of Fort C e this
18th day of March, A.D. 1997.
Mayor
ATTEST:
City Clerk k r—
Exhibit A NN
• • CoPJ
INTERGOVERNMENTAL AGREEMENT
CONCERNING SNOWY RIDGE PROPERTY
This Agreement is made this day of 1997, by and between
LARIMER COUNTY, THE CITY OF FORT COLLINS and THE CITY OF LOVELAND
(sometimes hereinafter referred to individually as an 'Entity" and collectively as the "Entities").
WHEREAS, Part 2 of Article 1 of Title 29 authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, Larimer County has imposed a sales tax for the purchase and maintenance
of open space, natural areas, parks and trails and a portion of the funds generated by said sales
tax are distributed to municipalities located within Larimer County; and
WHEREAS, Larimer County, the City of Fort Collins and the City of Loveland may have
other funds available for the purchase and maintenance of open space, natural areas, parks and
trails; and
WHEREAS, Larimer County will be acting as the Lead Entity in negotiating the
acquisition, which may include, but is not limited to, purchase of a fee interest, purchase of a
conservation easement, purchase of an option or options, a lease or lease/purchase arrangement,
of the real property described in Exhibit "A" attached hereto and incorporated herein by reference
(hereinafter "the Property").
WHEREAS, the Entities desire to cooperate and contract with one another concerning the
sharing of costs and responsibilities for the acquisition, ownership and management of the
Property.
NOW, THEREFORE, in consideration of their mutual promises contained herein the
Entities agree as follows:
A. Cost Sharing
1. The cost of acquiring the Property is two million four hundred sixty-five
thousand and no/100 dollars ($2,465,000.00) plus interest costs of approximately two
hundred sixty-one thousand five hundred sixty-two and 501100 dollars ($261,562.50) for
a total cost of approximately two million seven hundred twenty-six thousand five hundred
sixty-two and 501100 dollars ($2,726,562.50), not including closing costs, other direct
costs of acquisition, such as title insurance, survey of the Property, or appraisal fees, and
adjustments at closings.
Page 1 of 7
•
2. The Entities agree to contribute the following percentage of the costs to
acquire the Property (including interest costs, closing costs, other direct costs of
acquisition, such as title insurance, survey of the Property, or appraisal fees, and
adjustments at closing:
Entity Percentage
Larimer County 50.00%
City of Fort Collins 33.34%
City of Loveland 16.66%
100.00%
3. Larimer County, as the Lead Entity, will notify the other Entities fifteen
(15) days before a payment is due. An Exhibit "B" is attached setting forth the
anticipated payment due dates, which exhibit is incorporated herein by reference. The
other Entities will remit said payment to Larimer County by check or certified funds, as
instructed by Larimer County, so that it is received by Larimer County by the due date
stated in the notice. Any failure on the part of Larimer County to provide the notice
referred to above shall not relieve the other Entities from their obligation to make
payment and if any Entity does not receive timely notice, it shall remit the required funds
within fifteen (15) days of receiving notice from Larimer County that a payment is due.
B. Ownership of Property
1. The Lead Entity will acquire title to the Property in the names of the
Entities with undivided interests as set forth in paragraph B.3., below, unless the Lead
Entity determines, in its sole discretion, that it is not practicable to do so. If title is not
shared at closing, the Lead Entity shall quit claim the appropriate percentage interest in
the Property to the other Entities as soon as practicable. If the Lead Entity initially
acquires title in its sole name, until such time as the Lead Entity quit claims to the other
Entities their undivided interests as set forth in B.3. below, the Lead Entity shall recognize
that the other Entities have an interest in the Property and shall act in such a manner as
to protect the interests of the other Entities in the Property. The Lead Entity shall provide
written notice to the other Entities of any significant events or decisions known to the
Lead Entity which are reasonably expected to affect the Property.
Copies of the Agreements of Purchase and Sale by which the Property is to be
acquired are attached hereto and incorporated herein by reference as Exhibit "C".
2. The Lead Entity will arrange for a title insurance policy to be issued
insuring title to the Property issued to the ultimate owners as set forth in paragraph B.3.,
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below. The other Entities agree to adopt such resolution or ordinances, execute such
documents and take such other action as may be necessary or desirable to allow the Lead
Entity to secure such title insurance policy.
3. At or subsequent to closing, the Entities agree that title to the Property shall
be held as follows:
(a) Larimer County: an undivided 50% interest,
(b) City of Fort Collins: an undivided 33.34% interest, and
(c) City of Loveland: an undivided 16.66% interest,
subject to paragraph B.4., below.
4. If an Entity does not appropriate sufficient finds in any year and/or make
its required contribution to acquire the Property, such Entity agrees to quit claim to the
other Entities an undivided percentage interest in the Property such that each Entity will
own an undivided interest in the Property which is proportional to its actual acquisition
contribution.
5. In the event that the Properly is sold, exchanged, transferred or otherwise
disposed of, the proceeds from such disposition shall be divided between the Entities in
the same proportion as their actual acquisition contribution.
6. If the Property is acquired in whole or in part with sales tax revenues
generated by the Larimer County "Help Preserve Open Spaces Initiative", any sale,
exchange, transfer or disposition of the Property shall be subject to all the provisions of
the "Help Preserve Open Spaces Initiative", attached hereto and incorporated herein by
references as Exhibit "D", specifically including numbered paragraphs 20 and 21.
7. If the Property is acquired in whole or in part with sales tax revenues
generated by the City of Fort Collins "'h Cent Sales Tax for Natural Areas," any sale,
exchange, transfer or disposition of the Property shall be subject to the provisions of
Section 25-75(a) of the Code of the City of Fort Collins, and any other restrictions
applicable to the use of such sales tax receipts at the time of receipt by the City.
8. Commencing in 1998, by January 31st of each year in which the Property
is encumbered by a deed of trust, the Entities shall meet to determine if they desire to
exercise the partial release privilege granted in the deed of trust. If any Entity has not
appropriated sufficient funds for the current fiscal year to make its required contribution
or if a majority of the Entities desire to exercise the partial release privilege, the Lead
Entity shall take such steps as are necessary to exercise such privilege and the Entities
agree to share the costs associated therewith in proportion to their ownership interests in
Page 3 of 7
the Property. If a majority of the Entities does not desire to exercise the partial release
privilege, the Entity desiring to exercise such privilege may do so, but shall be solely
responsible for the costs associated therewith.
9. If fewer than all of the Entities desire to sell the Property, the Entities
agree to negotiate in good faith to resolve the issue prior to undertaking any litigation.
In addition, in the event two of the Entities desire to sell their interest in the
Property and one of the Entities does not, the Entities desiring to sell hereby grant to the
Entity not desiring to sell options to purchase such interests in the Property for the
proportional shares of the fair market value of the entire Property, as determined by an
appraiser selected by the Entities. Unless exercised, said options shall expire two (2)
years after the effective date (as provided in paragraph DA, below) of written notice of
each selling Entity's determination to sell its interest in the Property.
In the event one of the Entities desires to sell its interest in the Property and the
other Entities do not, the Entity desiring to sell hereby grants to the Entities not desiring
to sell options to purchase a proportion of such interest in the Property comparative to
their interests in the Property prior to the proposed sale for the proportional shares of the
fair market value of the entire Property, as determined by an appraiser selected by the
Entities. For example, if Larimer County desired to sell its interest, the City of Fort
Collins would have an option to purchase 66.68 percent of Larimer County's undivided
50 percent interest and the City of Loveland would have an option to purchase 33.32
percent of Larimer County's undivided 50 percent interest. If an Entity determines it does
not wish to exercise its option, such Entity's option is thereafter granted to the other
Entity not desiring to sell. Unless exercised, the options granted to the two Entities not
desiring to sell shall expire two (2) years alter the effective date (as provided in paragraph
DA, below) of written notice of the selling Entity's determination to sell its interest in
the Property. Unless exercised, the subsequent option granted to an Entity by virtue of
another Entity's determination that it does not desire to exercise its option to purchase a
proportional share of the Property shall expire one (1) year after the effective date (as
provided in paragraph DA, below) of a written notice from the Entity holding the option
that it will not be exercising its option or three (3) years after the effective date (as
provided in paragraph DA, below) of written notice of the selling Entity's determination
to sell its interest in the Property, whichever is sooner.
C. Management of the Property
1. Larimer County shall be the Managing Entity and shall be responsible for
management of the Property in accordance with the Management Plan developed by the
Entities.
2. On or before May 31, 1998, the Entities shall develop a written plan for
the Property, (the "Management Plan") through the Director of Open Lands and Parks for
Page 4 of 7
Larimer County, the City Manager for the City of Fort Collins and the City Manager for
the City of Loveland, which Management Plan shall provide a resource inventory for the
Property and establish a common plan to address issues including, but not limited to,
facilities for appropriate public access, weed control, necessary improvements and
restoration needs, and cost sharing for improvements and restoration. The Management
Plan shall also provide a process for modifications by mutual agreement of the Entities.
If all or any portions of the Property are subject to leases, deeds of trust or other legal
restrictions, it shall be managed in accordance therewith.
3. In the event of emergency or unusual circumstances requiring immediate
response, the Managing Entity shall be entitled to use reasonable discretion in responding
to such circumstances, regardless of the expressed terms of the Management Plan,
provided that reasonable efforts are made to consult with the non-managing Entities
regarding the proper course of action.
4. The Managing Entity shall be responsible for the management costs
associated with the Property. "Management costs" shall be defined to include normal and
customary expenses associated with day-to-day use and operation of the Property. Cost
sharing for improving the Property shall be determined in the Management Plan. Other
liabilities and extraordinary costs shall be defined to include those costs which are not
management costs and those costs not specifically addressed in the Management Plan.
Any liabilities or extraordinary costs related to the use, possession or ownership of the
Property shall be shared by the Entities in proportion to their ownership interest in the
Property; provided, however, that in the event such liability or extraordinary cost arises
solely or in part from the negligent acts or omissions of one Entity, the negligent Entity
shall be responsible for such liability or extraordinary cost attributable to its negligent acts
or omissions.
Any revenues generated by the Property will be retained by the Managing Entity
to apply towards the management costs of the Property for the current or future years;
provided, however, that the Management Plan may provide that any accumulated revenues
not needed for current or reasonably anticipated future management costs may be used for
improving the Property.
D. Miscellaneous Provisions
1. This Agreement may not be assigned by any Entity without the prior
written consent of all Entities.
2. This Agreement shall be binding upon and inure to the benefit of the
Entities' respective successors and permitted assigns.
3. Financial obligations of the Entities payable after the current fiscal year are
contingent upon the governing bodies of the Entities appropriating the necessary funds.
Page 5 of 7
4. Any notices required or permitted to be given shall be in writing and
personally delivered to the office of an Entity or by first class mail, postage prepaid, as
follows:
To Larimer County:
K-Lynn Cameron, Open Lands Manager
Larimer County Open Lands and Parks Department
1800 South County Road 31
Loveland, Colorado 80537-9638
To City of Fort Collins:
Tom Shoemaker, Natural Resources Director
City of Fort Collins
Department of Natural Resources
281 North College Avenue
Fort Collins, Colorado 80521
To City of Loveland:
Debra L. Pearson
Manager, Long Range Planning Division
Office of the City Manager
500 East Third Street
Loveland, Colorado 80537
Any such notice shall be effective (i) in the case of personal delivery, when the notice is
actually received, or (ii) in the case of first class mail, the third day following deposit in
the United States mail, postage prepaid, addressed as set forth above. Any Entity may
change these persons or addresses by giving notice as required above.
5. This Agreement shall be effective upon the date of the last Entity to sign.
LARIMER COUNTY, COLORADO
Dated: By.
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk Assistant County Attorney
Page 6 of 7
CITY OF FORT COLLINS,COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
CITY OF LOVELAND, COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Page 7 of 7
EXHIBIT "A"
• TO •
INTERGOVERNMENTAL AGREEMENT CONCERNING SNOWY RIDGE PROPERTY
BETWEEN LARIMER COUNTY, THE CITY OF FORT COLLINS
AND THE CITY OF LOVELAND
A tract of land located-in section 23 , Township 6 North, Range 69 West of the
6th P.M. , Larimer county, Colorado being more particularly described as
follows:
considering the East line of the Southeast 1/4 of said Section 23 as bearing
North 00 ' 58' 09 " East and with all bearings contained herein relative thereto:
commencing at the Southeast corner of said Section 23 , the Point of Beginning
of this description, thence along said East line North 00 '58 '09' East 2653 .24
feet to the East 1/4 corner of said Section 23 ; thence North 00 '58' 11" East
2654 .34 feet to the Northeast corner of said Section 23 ; thence North
89 ' 52 '26" West 2638.35 feet to the North 1/4 corner of said Section 23 ; thence
North 89 ' 52 ' 23 " West 1319 . 25 feet to the West 1/16 corner between said Section
23 and Section 14; thence South 00 '49 ' 09 " West 261-4 .70 feet ..o the center 'lest
1/16 corner of said Section 23 ; thence South 00 '48 ' 59" West '634. 43 feet to
the West 1/16 corner between. Section 23 and Section 26; thence South 89 '19'05"
East 14 . 23 feet to the South 1/4 corner of said Section 23 ; thence along the
Scut' li..- of the southeast l/4 of said Section 23 South, 89 ' 18 ' -9" East
2354 . 13 -feet to the Northerly _ig c-cf-way line Of 69th Street; thence a_eng
the said Northern right-cf-way the following 3 courses :
1. 129 . 6, feet along the arc a curve concave to the southeast whose
central angle is 24' 09 ' 37" and radius is 325 . 00 feet;
2 . scut: 90 ' 00 ' last 100 . 50 ==_et to the West right-of-way line of U.S.
Highwav 287;
way South 00 ' S8 ' 09" West 9 . 41 -eat 'to the
along said Westerly right-o=- `
said Southerly 'line of .he Southeast 1/4; thence along said Ii.ne soot:
89 '_3 , 4. , East 50 . 00 feet to True Point Of Beginning,
A tract of -and located in the Northeast 1/4 of Section 23 , Township 6 North,
Range 69 West o£ the 6th ?.v. , i"arimer county, Colorado being more particularly
described as follows :
Considering the East line of the Northeast 1/4 of said Section 23 as bearing
North 00 ' 58 ' 11" East, from a brass cap at the East 1/4 corner to a brass cap
at the Northeast corner Of said Section 23 and wit"- all bearings contained
herein relative thereto:
commencing at the East 1/4 corner of said Section 23 ; thence along the South
line of the Northeast 1/4 of said Secticn 23 North 89 '35 ' 22" West 50 . 00 feet
to the West right-of-way line of U. S. Highway 287, said point being the POINT
OF BEG_NN-NG; thence along said West right-of-way line South 00 'S8 ' 11" West
25 . 25 feet; thence North 89 '35 ' 22 " West 41 . 82 feet to a point an a curve
concave to the Southeast, having a radius of 610 . 00 feet, a central angle of
54 ' 45 ' 24 and the chord cf whit' bears South 63 - 0'- ' 56 West 561 . 03 feet;
thencealong the arc of said cur-.re 582 . 97 feet to the point cf intersection
-continued-
with a non-tangent line; thence along said line North 54'20'46" West 279 .71
feet; thence North 27'02'00' West 137.30 feet; thence North 89'35'22' West
812 .49 feet; thence North 00'24'38' East 1006.92 feet; thence North 63 '01125'
East 680 . 61 feet; thence South 89'35'22' East 1053 . 03 feet to a point on the
West right-of-way line of U.S. Highway 287; thence along said West right-of-way
line South 00 '58'11' West 1320 . 06 feet to the Point of Beginning,
County of Larimer,
State of Colorado.
(for informational purposes only) Vacant Land
AND :
of land located the Northeast 1/4 of Section 23 , T-owrshi= 6 North,
a t=act -n
Range 63 :Jest of tie o't..
P w Larer County, Colorado being morecarts-._a_'_y
. , _;t
described as f..--ows :
Considering tie East li-e c the Northeast 1/4 of said Section 23 as tearing
Ne rth 00 ' S8 ' 11 ' as t, =rem a sass cap at the East 1/4 corner to a brass can
at the Nert._east`co_rner of said Section -- and with all bearings contained
her==-_n relative _hereto :
Commencing at the East 1/4 corner of said Section 23 ; thencz along tie South
line of the Northeast 1/4 of said Section 23 North 89 '35 ' 22" West 50 . 00 feet
to the West right-of-way line of U. S. Highway 287, said point being the POINT
OF BEGINNING; thence along said West right-or-way line South 00 '58' 11" West
25 . 25 feet; thence North 89'35 '22 " West 41. 82 feet to a point on a curve
concave to the Southeast, hav'-ng a radius of 6'-0 . 00 feet, a cantral angle of
54 '45 ' 24" and the chord of which bears South 63 ' 01' 56" West 561. 03 fae u
thence along the arc of said fume 582 . 97 fzet to the point of -ntersect_on
with a .^.en-tangent line; thence along said line North 54'20 ' 46" West 279 .71
feec: thence Nor--*- 27 '02 ' 00" 'nest 137 . 30 feet; thence North 89 '35 '22" West
812 . 49 fezc; t`e.^.c Nort'n- 00 '24 ' 38" last 1006 . 02 feet; thence North 63 ' 01'he
-ast 680 . -- thence Scuth 89 '35' 22 " East 1053 . 03 feet to a point on the
hway 287 ; thence along said West -ight-ot-'�+ar
West right-cf-way -ine of U. S. rig _ .
e Scot: 00 ' 5d ' -_ West 1320 . 06 feet to the Point OC Beg_nni-- ,
_pun-. ar-me ,
of Co_ :r—do .
_n-cr-at_tr.a: r=csas on"_) vacant and
EXHIBIT "B"
TO
INTERGOVERNMENTAL AGREEMENT CONCERNING SNOWY RIDGE PROPERTY
BETWEEN LARIMER COUNTY, THE CITY OF FORT COLLINS
AND THE CITY OF LOVELAND
ANTICIPATED APPROXIMATE AMT. APPROXIMATE AMT. APPROXIMATE AMT. TOTAL
P,%YMENT DUE DATE L\RIMER COUNTY FORT COLLINS LOVEL\ND
April 15, 1997 S 457,500.00' S305,061.00' S152,439.00' S 915,000.00'
April 15, 1998 S 187.291.67' S124,386.08' S 62,405.58' S 374,583.33'
October 15. 1998 S 153,385.42' S102 277.39' S 51,108.02' S 306,770.33'
April 15. 1999 S 143._
i4I.6"� S 99,047.58' S 49,494.08, S 297,083.33'
October 15, 1999 S 143.697.92' S 95,817.77' S 47,880.14' S 237,395.83'
April 15, 2000 S 138.854.17' S 92,587.96' S 46.266.20' S 277,70833'
October 15, 2000 S 114,010.41' S 89,353.15' S 44,652.27' S 268,020.85'
TOTAL 51,363,281.28 5909,035.93 5454,245 29 52,726,562.50
Does not include closing costs, other direct costs of acquisition, such as title insurance, survey of the property, or appraisal fees.
adjustments at closing.
7
EXHIBIT"C"
Copies of the Agreements of Purchase and Sale by which the Property is to be acquired are
not attached due to their volume and are on file in the office of the City Clerk.
EXHIBIT"D"
The provisions of the Larimer County Help Preserve Open Space Initiative are not attached and are
on file in the office of the City Clerk.