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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