HomeMy WebLinkAbout1998-043-03/17/1998-AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVER RESOLUTION 98-43
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY
CONCERNING THE DEVELOPMENT OF THE ENVIRONMENTAL LEARNING
CENTER AND IMPLEMENTATION OF THE
POUDRE RIVER ENVIRONMENTAL LEARNING DISTRICT
CONCEPTUAL LAND USE PLAN
WHEREAS, Colorado State University (the University) and the City desire that the
Environmental Learning Center Annexation,being approximately five acres in size,be annexed into
the City; and
WHEREAS,the University has petitioned for the Annexation of the same upon the condition
that, among other things,the Building Code,Zoning Code and Land Use Code of the City not apply
to said property so long as title thereof shall remain in the State Board of Agriculture; and
WHEREAS, in substitution for the enforcement of the aforesaid codes in regulating the
development of the Environmental Learning Center, the City and University have determined that
it is in their mutual best interest that an intergovernmental agreement be executed for the purpose
of ensuring that the University property upon which the Environmental Learning Center is proposed
to be constructed shall be designed and constructed in accordance with the "Poudre River
Environmental Learning District Conceptual Land Use Plan"(hereafter referred to as the"Land Use
Plan"); and
WHEREAS,accordingly,the Council of the City of Fort Collins has determined that the City
should enter into said intergovernmental agreement with the University.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager be, and hereby is, authorized to enter into an
intergovernmental agreement with Colorado State University concerning the development of the
Environmental Learning Center and Implementation of the Poudre River Environmental Learning
District Conceptual Land Use Plan.
Section 2. That said intergovernmental agreement shall continue in full force and effect
for a period of fifty (50)years and shall provide that, (1)the University shall utilize and develop its
property in accordance with the Land Use Plan, and (2) the City shall utilize and develop the City
property in accordance with both the Land Use Plan and the City's Land Use Code.
Section 3. That said agreement shall be in substantially the form attached hereto as
Exhibit "A" and incorporated herein by this reference.
Passed and adopted at a regular meeting of the City Councit.heith4lis 17th da arch,
A.D. 1998. /
_ ayor
ATTEST:
City Clerk
Exhibit "A"
INTERGOVERNMENTAL AGREEMENT
THIS DnERGOVERNMENTAL AGREEMENT ("I;GA") is entered into between the
Colorado State hoard of Agriculture, acting by and through Colorado State University (the
"University")and the City of Fort Collins, Colorado (the"City').
RECITALS
A The University is a state institution of higher education and,pursuant to Colorado law,
is vested with control and power over all real property of the University.
B. The City is a political subdivision of the State and vested with the powers of a home-
rule city under Colorado law.
C. The University owns approximately 200 acres of real property located in Larimer
County,Colorado, and more particularly described on Exhibit"A"attached hereto, which property
shall hereafter be referred to as the`University Property"upon which property is proposed to be built
the facility known as the Colorado State University Environmental Learning Center (the"ELC').
The ELC serves as an outdoor laboratory for research and education on natural and cultural systems,
to advance environmental stewardship among students and the community through opportunities for
experiential learning, self-study, and educational programs.
D. The City owns approximately 360 acres of real property(the"City Property")which
is located adjacent to or in the immediate vicinity of the ELC and is more particularly described on
Exlu`bit`S"attached hereto. The City also has, or may have upon annexation to the City,the power
to regulate the use and development of approximately 700 acres of real property (the "Private
Property") which is adjacent or in the immediate vicinity of the City Property , most of which is
expected, after gravel nurwtg is complete,to be utilized in a manner consistent with the ELC(e.g.,
as a part of an environmental corridor).
E. In furtherance of their respective missions, the University and City commissioned a
study entitled the "Poudre River Environmental Learning District Conceptual Laud Use Plan"
Prepared by EDAW,1nc.,and dated April, 1997,a copy of which is attached hereto and incorporated
herein by this reference(the`Land Use Plan"). The Land Use Plan was prepared as a collaborative
effort to define a conceptual outline of potential uses of the University Property,the City Property
and the Private Property,(all ofwhich properties are more specifically identified in the Land Use Plan
and collectively referred to therein, and hereinafter as the"District')which uses would advance the
rmpectivc missions of the University and the City,maintain compatible and complementary uses of
property within the District, maintain or enhance the value of the properties and facilitate their
respective goals,including the provision of their respective functions, facilities, and services related
to open space, conservation, and environmental considerations.
F. Pursuant to Section H(2)(a)and (2)(b) of Article MV of the Colorado Constitution
and C.R.S.29-1-203, the University and City are authorized to enter into contracts and agreements
Intergovernmental Agreement
Page 2
with one another to provide functions,seviees or faalities lawfully authorized to each of them. Each
is lawfWly authorized to determine the use of its respective real property and the City is lawfully
authorized to regulate uses and development of property within the City limits in accordance with
Colorado statutes and its municipal ordinances.
G. The annexation ordinance under which the University Property was annexed
specifically exempts the University from the City's zoning and land use regulations.
H. The University and City desire to enter into this IGA to implement the Land Use Plan
and provide for the development of the real property referenced above for their mutual benefit on the
terms and conditions set forth herein,notwithstanding the University's exemption under the above.
rArenced annexation ordinance from the planning and zoning laws of the City.
NOW, THEREFORE,in consideration of the mutual promises contained herein,the benefits
accruing to each party and their respective real property and public purposes as result thereof, and
other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged,
the parties agree as follows:
1. Imp tmffmation of LAnd Use Plan The parties agree to implement the Land Use
Plan as follows;
A. The University agrees to utilize and develop the University Property in
accordance with the Land Use Plan,
B. The City agrees to utilize and develop the City Property in accordance with
both the Land Use Plan and the City's Land Use Code.
C. The City agrees that, to the extent permitted by law, it will regulate the use
and development of the Private Property in accordance with the Land Use Plan and the City's Land
Use Code,by ordinance or otherwise,when and if such property is annexed to the City or pursuant
to its cooperative role with Larimer County with respect to property within the City Urban Growth
Area.
D. The agreements to utilize and develop the respective properties in accordance
with the Land Use Plan and/or the City's Land Use Code shall run with the land and bind successive
owners or assignees of the City Property and the University Property, during the term of this IGA-
Each party agrees to give any prospective purchaser or lessee written notice of the terms and
conditions of this IGA prior to any transfer or lease of any portion of the property which is the subject
hereof,
Intergovernmental Agreement
Page 3
B. The parties agree that the Land Use Plan shall be subject to change only by the
mutual written agreement of the University and the City_
2. Dumtioft of IGA. This IGA shall remain in full force and effect for a period of
fifty (50) years from the exccution hereof by both parties. Any renewal of this IGA shall be
accomplished only by the mutual consent of the parties, their successors or assigns, as evidence by
a written agreement signed by both parties.
3. Enforcement The parties agrec that monetary damages for non-performance under
this IGA would be difficult to establish and, at best, speculative. Accordingly, the parties agree that
their respective obligations hereunder shall be enforceable only be seeking equitable relief including
but not limited to injunction or specific performance and each party hereby waives the right to seek
recovery of any monetary damages in any such action.
4. Miscellaneous.
A. Any use or development of the University Property or City property in
existence prior to the execution ofthis IGA are recognized by the parties as consistent with the Land
Use Plan.
B. The University and the City agree that neither the University's execution of
this IGA nor its agreements hereunder with respect to the University Property shall be construed as
acquiescence by the University to the appliation of City land use or zoning regulations of any kind
to the University Property or any real property of the University. It is the intent of the parties that
neither the existence of this IGA nor their respective agreements hereunder shall prejudice either one
of them or be used as evidence with respect to any use, development, or right to regulate use or
development of any other real property of the University or the University Property except as
expressly provided herein-
C. The representatives of the University and the City signing this IGA hereby
represent to each other that they have the authority to enter Into this IGA and have obtained any and
all approvals necessary to do so.
A. Any notice, request, demand,consent or approval, or other communication
pursuant to this IGA shall be in writing and shall be deemed to have been given when personalty
delivered or deposited in the United States Mail,postage prepaid, return receipt requested, addressed
to the patty for whom it is intended at the following addresses:
Intergovernmental Agreement
Page 4
University: Vice President for Administrative Services
309 Administration Building
Colorado State University
Fort Collins, CO 80523
Copy to: Office of the Oral.Counsel
202 Administration Building
Colorado State University
Fort Collins, CO 80523
City: Fort Collins City Manager
P.O. Box 580
Fort Collins, CO 90522-0580
Copy to: Fort Collins City Attorney
P.O.Box 580
Fort Collins, CO 80522-0580
IN WITNESS WHEREOF,the parties have executed this Intergovernmental Agreement as
of the date set forth opposite their signatures.
THE "UNIVERSITX"
THE COLORADO STATE BOARD OF
AGRICULTURE acting by and through
Colorado State University
By.
'Date Albert C. Yates, President
Colorado State University
•I M .4CIrly"
THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation
By:
Date John K Fischbach,City Manager