HomeMy WebLinkAbout2010-077-12/21/2010-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF WINDSOR PE RESOLUTION 2010-077
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF FORT COLLINS AND THE TOWN OF WINDSOR PERTAINING
TO THE DEVELOPMENT OF THE INTERSTATE 25/STATE HIGHWAY 392
INTERCHANGE, INCLUDING PROVISIONS FOR COST AND REVENUE
SHARING, ANNEXATION AND LAND USE DEVELOPMENT
WHEREAS, the City of Fort Collins (the "City") and the Town of Windsor (the "Town")
share a common interest in the development of the area surrounding the Interstate 25/State Highway
392 interchange ("Interchange"), and have been engaged in discussions with the Colorado
Department of Transportation ("CDOT") regarding the reconstruction of the Interchange; and
WHEREAS,the efforts of the City,the Town and CDOT have resulted in the appropriation
of substantial funding by CDOT for the re-construction of the Interchange; and
WHEREAS, the City and the Town have each appropriated the balance of the funding
necessary for such reconstruction in the amount of$5 million; and
WHEREAS, the City and the Town anticipate that upon the reconstruction of the
Interchange,the surrounding area will undergo significant change, including commercial and other
development; and
WHEREAS, the City and the Town have negotiated an Intergovernmental Agreement to
reflect the respective financial contributions of the Parties to the reconstruction of the Interchange,
to provide for orderly land use and development in the surrounding area,to ensure that development
pays its own way, and to provide for a revenue sharing formula between the City and the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that entering into the Windsor IGA is in
the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute the Windsor IGA in
substantially the form shown on Exhibit "A," attached hereto and incorporated herein by this
reference, subject to such modifications as the City Manager may, in consultation with the City
Attorney,deem necessary or desirable to protect the interests of the City and effectuate the purposes
of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of December A.D. 2010.
May
ATTEST:
City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE DEVELOPMENT OF THE
INTERSTATE I25/STATE HIGHWAY 392 INTERCHANGE
THIS AGREEMENT is entered into this day of 2010, by
and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the
"City"), and the Town of Windsor, Colorado, a Colorado home rule municipality (the
"Town"), collectively referred to herein as the "Parties".
RECITALS
WHEREAS, the City and the Town are situated on opposite sides of Interstate 25
and are both committed to planned and orderly development; to regulating the location
and activities of development which may result in increased demand for services; to
providing for the orderly development and extension of urban services; to simplifying
governmental structure when possible; to promoting the economic vitality of both
municipalities; to protecting the environment; and to raising revenue sufficient to meet
the needs of their citizens; and
WHEREAS, on June 28, 1999, the City and the Town entered into two
intergovernmental agreements relating to the annexation of properties in one another's
jurisdictions; and
WHEREAS, these agreements were limited in their duration; and
WHEREAS, the parties wish to expand and make permanent their agreement
relating to annexations in one another's jurisdiction; and
WHEREAS, the City and the Town have been in regular contact with the
Colorado Department of Transportation ("CDOT") about the sub-standard condition of
the Interstate 25/State Highway 392 Interchange ("Interchange"), and the importance of
that Interchange to the City and the Town and is an integral part of the regional
transportation network and a critical gateway to both communities; and
WHEREAS, in recent years, the capacity of the Interchange has been significantly
impacted by state and regional growth, as well as local growth in Windsor and southeast
Fort Collins, so that the Interchange is unable to handle current traffic capacity during
peak hours; and
WHEREAS, the Interchange is characterized by numerous design and operational
deficiencies and substandard safety features, including the absence of any transit
facilities; and
WHEREAS, on March 22, 2006 the City and Town entered into an
intergovernmental agreement (the "March 22°d Agreement") that, among other things,
defined a Corridor Activity Center in the immediate vicinity of the Interchange (the
"CAC"); and
WHEREAS, the March 22, 2006 Agreement also sets forth the willingness of the
City and the Town to work cooperatively toward developing a comprehensive
development plan for the CAC and surrounding areas, to explore financing mechanisms
for reconstructing the Interchange, and to evaluate potential revenue sharing alternatives;
and
WHEREAS, in 2008, the City and the Town authorized the execution of two
additional intergovernmental agreements, the purposes of which were to pursue funding
for the Interchange and expedite its design and approval by CDOT, and also passed
resolutions reaffirming their commitment to continued cooperation in the planning,
design and construction of the Interchange and approving certain basic principles related
to that cooperative effort, including a commitment to long-term, equitable sharing of
revenues derived from new development within the CAC; and
WHEREAS, because of the proximity of the two municipalities on either side of
the Interchange, the way in which the Interchange is reconstructed and the way in which
the property within the CAC is developed will affect the economic and environmental
well-being of both communities; and
WHEREAS, for the foregoing reasons, the City and the Town have worked
diligently with each other and with CDOT, as well as various elected federal officials,
landowners, local officials, and others to promote and fund the design and construction of
improvements to the Interchange; and
WHEREAS,the efforts of the City and the Town have been successful, and the
majority of the funding is now in place to allow the immediate construction of
improvements to the Interchange, subject only to the appropriation of the remaining
funds to be contributed by the City and the Town; and
WHEREAS, the City and Town wish to provide for increased coordination of
planning and managing development within the CAC, cost sharing for construction of
Interchange improvements, revenue sharing, operation and maintenance of certain
Enhanced Improvements, providing needed services in the Interchange area, and
resolving any conflicts arising with regard to these topics; and
WHEREAS, the City and the Town have both adopted the Northern Colorado
Regional Communities I-25 Corridor Plan, which establishes a shared vision for
development of property adjacent to Interstate 25; and
WHEREAS, the Colorado Constitution, Section 29-20-101 et seq., of the
Colorado Revised Statutes, and the Charters of both the City and Town authorize the City
and the Town to enter into mutually binding and enforceable agreements regarding the
.joint exercise of planning, zoning and related powers.
Page 2 of 16
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the Parties hereto agree as follows.
SECTION 1. DEFINITIONS
In this Agreement, unless a different meaning clearly appears from the context,
the following definitions shall apply:
1.1. "Agreement'means this Agreement and it attachments.
1.2. "City"means the City of Fort Collins, Colorado.
1.3. "CDOT" means the Colorado Department of Transportation. .
1.4. "Corridor Activity Center" or "CAC" means that joint planning area referred to
above and more fully described on Exhibit "A," attached hereto and incorporated herein
by this reference; as such description may be amended by the Parties pursuant to Section
2 below.
1.5. "Developable Land" means that portion of each parcel of real property within the
CAC upon which buildings, infrastructure or other improvements may lawfully be
constructed, taking into consideration the physical characteristics of the property and all
applicable state and local laws and regulations.
1.6. "Development Proposal' means an application for the development of a parcel of
land within the CAC that will, when approved and constructed, result in an increase of
traffic in the CAC.
1.7. "Effective Date" means the date that the last party signs this Agreement, or ten
days after the final approval by the last governing board of the City or Town.
1.8. "Enhanced Improvements" means those improvements to the Interchange that
will be maintained by the City and the Town as shown on Exhibit "A" and Exhibit "A-I"
to that certain agreement between CDOT, the City, and the Town (the "CDOT IGA")
regarding the funding, construction and maintenance of the Interchange improvements.
1.9. "Interchange"means the Interstate 25 and State Highway 392 interchange.
1.10. "Public Improvement Fee" or "PIF" means the public improvement fee to be
more fully described in the PIF Covenant.
1.11. "PIF Covenant' means a declaration of covenants by which a developer of
property for retail use within the CAC agrees to impose and implement a Public
Improvement Fee.
Page 3 of 16
1.12. "PIF Revenue" means that revenue derived from the imposition and collection of
a PIF in accordance with this Agreement and the PIF Covenant.
1.13. "Project' means the construction by CDOT of a new Interchange at Interstate
Highway 25 and Colorado State Highway 392.
1.14. "Property Owner" means and includes the fee owner of the property as well as
any developer or other agent of the fee owner who, acting with the knowledge or consent
of the fee owner, submits an application for approval of a Development Proposal or
Redevelopment Proposal for such property.
1.15. "Property Tax Increment'means the net new revenue generated by property taxes
on real property located within the boundaries of the CAC, using a base rate of 9.797
mils, as applied to the assessed valuation developed by Larimer County as of the
Effective Date as the baseline.
1.16. "Redevelopment Proposal" means an application for the redevelopment of a
parcel of land within the CAC that will, when approved and constructed, result in an
increase in traffic in the CAC beyond that generated by the development currently in
place.
1.17. "Sales Tax Increment' means the net new sales tax revenues generated by sales
within the boundaries of the CAC, using a base rate of 2.25% and the amount of tax
revenue received in the twelve (12) months immediately preceding the Effective Date as
the baseline.
1.18. "Town"means the Town of Windsor, Colorado.
SECTION 2. CONFIGURATION OF THE CAC
For the purposes of this Agreement, the Parties have agreed upon the boundaries of the
CAC. The Parties acknowledge that, as the construction of the Project proceeds, and
development of the properties surrounding the Interchange commences, it may be
necessary for the Parties to agree upon amendments to the boundaries of the CAC so as to
include additional properties benefited by the construction of the Project. It is the
intention of the Parties to conduct a fair and inclusive process with regard to any such
proposed amendments, respecting the needs and desires of the surrounding Property
Owners, as well as the Parties, and taking into consideration any changed conditions in
the area of the Interchange. Any such amendments shall be adopted by the governing
bodies of the Parties by resolution, and upon such adoption the amended CAC area shall
become the CAC area for all purposes under the provisions of this Agreement, including
but not limited to Sections 3, 4, 5 and 6 below.
SECTION 3. REVIEW OF DEVELOPMENT AND
REDEVELOPMENT PROPOSALS
3.1. Permitted uses. Land uses within the CAC shall be limited to those uses shown
on Exhibit "B" attached hereto and incorporated herein by this reference. All zoning
Page 4 of 16
ordinances or other legislation needed to implement the regulation of land uses as shown
on Exhibit "B" shall be presented to the respective governing bodies of the Parties no
later than March 31, 2011.
3.2. Applicable Standards. The Parties have heretofore adopted standards and
guidelines for development of the properties adjacent to Interstate 25, both individually
and cooperatively, and have adopted various land use plans for that area, including the
Northern Colorado Regional I-25 Corridor Plan (2001). On or before March 31, 2011,
the governing bodies of the Parties shall each adopt more specific, mutually acceptable
design standards for the CAC (the "CAC Design Standards"). In the event that the
Parties have been unable to agree upon, and adopt mutually acceptable design standards
for the CAC on or before said date, then the question of the development and approval of
such standards shall be resolved pursuant to the mediation/arbitration process described
in Section 8 below.
3.3. Review and Approval of Site Specific Development Proposals.
3.3.1 In order to promote and maintain the commitments of the City and Town
with regard to development within the CAC, the Parties hereby jointly
agree to the following review process for Development or Redevelopment
Proposals for property within the CAC.
a. Neither the City nor Town shall, without the prior written consent
of the other Party, approve the construction of any improvements within
the CAC which are inconsistent with the CAC Design Standards.
b. Plans and specifications for any Development or Redevelopment
Proposal on land located within the CAC that are received by either Party
after the Effective Date shall, no later than thirty (30) business days prior
to taking action, be submitted by the Party having jurisdiction over the
proposal to the other Party for review and comment; provided, however,
that the Parties may mutually agree to a shorter or longer review and
comment period.
C. Such plans and specifications shall include a brief written
description of the Development or Redevelopment Proposal and the
surrounding vicinity, development maps and graphics, and renderings of
all proposed improvements.
d. The receiving Party shall review the materials and respond to the
other Party with written comments within the aforementioned thirty (30)
business days. Each party agrees that it shall use its best efforts to provide
comments in a timely fashion. However, the Parties expressly agree that
any delay in submitting comments shall not require the delay of hearings
or decisions by the party having jurisdiction over the Development
Proposal.
Page 5 of 16
e. The Parties shall designate a single point of contact for the
communication of materials and comments contemplated by this Section.
f. The review and comment provided for herein is intended to be
cooperative in nature, and is not intended to be binding upon the party
having jurisdiction to grant, modify, or deny a Development or
Redevelopment Proposal and shall not preclude the approval of any such
proposal that is consistent with the CAC Design Standards and the
provisions of this Agreement.
3.3.2. Notice of Incentives.
In the event that either Party extends, or agrees to extend, to any applicant
for approval of a Development or Redevelopment Proposal within the
CAC, any financial or other incentives in connection with such
Development or Redevelopment Proposal, such Party shall provide the
other Party with a detailed description of such financial or other incentives
prior to the formal approval of the same, excluding only such information
as is proprietary in nature. The provision and funding of any such
incentives shall be the sole responsibility of the Party having jurisdiction
over the Development or Redevelopment Proposal, unless the Parties
agree to the contrary in a written amendment to this Agreement.
SECTION 4. COST SHARING
4.1. Initial Funding of the Project.
4.1.1 The Parties understand and agree that the Project will be constructed and
managed by CDOT, and that CDOT has estimated the total cost of the
Project, inclusive of the acquisition of required rights of way, to be $27.5
million. In order to fully fund the Project, each of the Parties shall, by
ordinance or resolution adopted by their respective governing bodies,
appropriate $2.5 million towards the cost of the Project, and pay such
amounts to CDOT pursuant to an agreement with CDOT to be executed by
the Parties on or after the Effective Date (the "CDOT IGA"). The City
may, in its discretion, pay for the cost of enhanced wetland mitigation on
the west side of Interstate 25, and the Town shall have no obligation to
help fund such mitigation. The Parties shall attempt to recover their
respective Two Million Five Hundred Thousand Dollar ($2,500,000)
contributions to the cost of the Project from the Property Owners in the
CAC, upon the development or redevelopment of their properties,
pursuant to the provisions of Section 4.2 below. The City shall also
attempt to recover the cost it incurs in connection with the foregoing
wetland mitigation through the imposition of the PIF by retailers situated
within that.portion of the CAC that is within the City's territorial limits.
Page 6 of 16
4.1.2. There shall be no further contributions to the Project by the Parties except
by a written amendment to this Agreement that is adopted by the
governing bodies of both Parties.
4.2. Reimbursement through a Development Impact Fee.
4.2.1 In recognition of the cost sharing between the Parties required by Section
4.1 above, and in further recognition of the principle that development and
redevelopment should pay its own way, the Parties shall each enact a CAC.
Development Fee (the "Fee"), which shall be an impact fee imposed upon
all properties in the CAC for which a Development Proposal or
Redevelopment Proposal is approved. The purpose of the Fee shall be to
repay the Parties for their contributions to the construction of the Project.
Accordingly, the total amount of revenue to be generated by the Fee shall
not exceed Five Million Dollars ($5,000,000), plus any adjustment for
inflation or deflation made in accordance with Section 4.2.3 below unless
additional contributions are made in accordance with the provisions of this
Agreement.
4.2.2 Each Property Owner within the CAC shall, as a condition of the issuance
of the first building permit issued pursuant to each phase of any
Development Proposal or Redevelopment Proposal for his or her property,
pay a proportionate share of the Fee. The amount of each Property
Owner's share shall be determined by the Parties no later than March 31,
2011, and shall be calculated on the basis of the amount of Developable
Land contained within each parcel of property. The amount paid by each
affected Property Owner shall be adjusted annually in accordance with the
Denver/Boulder Consumer Price Index.
4.2.3 The Parties shall, within sixty (60) days after collecting any Fee revenues
from Property Owners, deposit such revenues into a CAC Development
Fee Revenue Fund ("Fee Revenue Fund") to be established and
administered by one of the Parties pursuant to a written administrative
agreement approved by the Town Manager and the City Manager, which
agreement shall include a provision whereby the Parties will equitably
share the costs incurred in administering the Fee and managing the Fee
Revenue Fund.' The amounts deposited into the Fee Revenue Fund shall
be disbursed annually to the Parties in equal amounts, without regard to
whether the properties that generated the Fee revenues are located with the
territorial limits of the City or the Town. Such disbursements shall
continue until the City and the Town have been fully reimbursed for their
initial contributions, adjusted for inflation.
4.2.4 Either Party may elect to forego the collection of all or any portion of the
Fee amount due from a particular Property Owner in exchange for the
Property Owner's provision of a reciprocal benefit to such Party, which
benefit may include, but need not be limited to, the setting aside or
Page 7of16
dedication to the public of a portion of the Developable Land within the
parcel for purposes such as wetlands, open space, parks or other
improvements or amenities. In the event that either party elects to forego
the collection of any Fee amounts pursuant to this provision, such Party
shall nonetheless pay into the Fee Revenue Fund the full amount of the
Fee that would have been due from the Property Owner had such election
not been made.
4.3. Funding the Maintenance of the Enhanced Improvements and Additional
Infrastructure and Services within the CAC through a Public Improvement Fee.
4.3.1 The Parties anticipate that CDOT will fund the cost of maintaining all
Project improvements except the Enhanced Improvements, and that the
cost of maintaining the Enhanced Improvements will be borne by the
Parties. In order to fund this cost, and in order to reimburse the City for its
cost for wetland mitigation, and in order to provide an ongoing funding
source for any additional infrastructure or services within the CAC that the
Parties may wish to provide for the benefit of the properties within the
CAC, each of the Parties shall require, as a condition of approval of any
Development Proposal or Redevelopment Proposal for a retail use within
the CAC, that the Property Owner or developer require all retailers within
such development to collect from their customers a Public Improvement
Fee. The PIF shall be established in accordance with the provisions of a
PIF Covenant to be approved by the Parties on or before March 31, 2011.
The PIF Covenant, once executed, shall be recorded with the Larimer
County Clerk and Recorder.
4.3.2 The Property Owner shall be responsible for ensuring that each retailer
located within the development collects the PIF at the point of sale and
remits the same to the Party having jurisdiction over the property in the
same manner as sales taxes are remitted.
4.3.3 The rate of the PIF shall be established at no more than 0.5%. The precise
amount of the PIF, the improvements and services to be funded by PIF
Revenues, the transactions subject to the PIF, and all other particulars
related to the PIF shall be agreed upon by the Parties no later than March
311 2011, and all such improvements and services shall be shown on a
"CAC List of PIF Improvements and Services." No Development
Proposal or Redevelopment Proposal shall be approved by either Party
until the amount of the PIF and the CAC List of PIF Improvements and
Services have been approved by the governing bodies of the Parties by
resolution or ordinance unless a particular Property Owner submitting a
Development Proposal or Redevelopment Proposal agrees in writing to
impose the PIF at such time as the Parties have agreed upon the amount of
the same, have adopted the CAC List of Improvements and Services, and
have so notified the Property Owner.
Page 8of16
4.3.4 Within sixty (60) days after receiving any PIF Revenue, the receiving
Party shall deposit the PIF Revenue into a PIF Revenue Fund to be
established by the Parties and administered by one of the Parties pursuant
to a written administration agreement approved by the Town Manager and
the City Manager, which agreement shall include a provision whereby the
Parties will equitably share the costs incurred in administering the PIF
Revenue Fund; provided, however that the City may first reimburse itself
for the wetland mitigation referenced in Section 4.1.1 above, up to a
maximum amount of One Hundred Sixty-five Thousand Dollars
($165,000), from PIF Revenues generated by properties within its
jurisdiction before depositing subsequent PIF Revenues into the PIF
Revenue Fund.
4.3.5 The monies deposited into the PIF Revenue Fund shall be expended solely
for the purpose of defraying the costs of the improvements and services
shown on the CAC List of PIF Improvements and Services. Once all such
improvements have been constructed and services commenced, the
amount of the PIF shall be reduced to an amount commensurate with the
cost of maintaining, repairing and replacing said improvements and
continuing said services for such period of time as may be determined by
the parties to be reasonably necessary to serve the properties within the
CAC and maintain the appropriate level of infrastructure and services
therein.
4.3.6 If any Property Owners have previously constructed capital improvements
within the CAC that are shown on the CAC List of PIF Improvements and
Services, the fair market value of such improvements shall be credited
against the amount of PIF that is due from retailers whose businesses are
directly benefitted by such improvements. Said market value shall be
determined as of the date that the first PIF payment is due from any such
retailer. This "PIF Credit' shall be subject to the following terms and
conditions and also subject to any additional administrative regulations
that may be established by the Town Manager or City Manager:
a. If a PIF Credit has not been exhausted within ten (10) years of the
date of issuance of the first building permit for which a PIF was due to be
imposed under the provisions of this Article, or within such other period
as may be agreed upon in writing by the Parties, such PIF Credit shall
lapse.
b. A Property Owner or developer claiming entitlement to a PIF
Credit shall apply for the same prior to or at the time of application for the
issuance of any building permit for the development in question, which
application shall be on a form provided by the Town or City for such
purpose. Upon receipt of such application, the Town Manager or City
Manager shall determine, in writing, the maximum value of the PIF Credit
Page 9 of 16
that may be applied against the PIF due to be- imposed by the PIF
Covenant.
4.3.7 No later than December 31, 2030, the governing bodies of the parties will,
formally consider whether to continue the PIF at its then current rate,
revise the amount of the PIF, or terminate the PIF altogether.
4.3.8 The Parties acknowledge that the Property Owners within the CAC are
directly affected by the amount of the PIF, the purposes for which the PIF
Revenues will be expended, and the period of time that the PIF will
remain in effect. Accordingly, the Parties are committed to continuing to
receive input from such Property Owners, as well as all other affected
parties, during the period of time that the PIF List of Improvements and
Services is being formulated. In the event that the Town Manager and the
City Manager agree, in their discretion, that such input warrants an
amendment to the provisions of this Section 4.3., the Parties shall formally
consider such an amendment on or before March 31, 2011.
SECTION 5. REVENUE SHARING
5.1. Terms and Conditions. In addition to sharing the PIF Revenues as provided in
Section 4.3. above, the Parties shall, pursuant to the following terms and conditions, share
the Property Tax Increment and Sales Tax Increment generated by properties and
businesses located within the boundaries of the CAC.
5.1.1 All tax revenues generated by the Property Tax Increment and Sales Tax
Increment shall be deposited by each Party in a separate account and shall
not be intermingled with any other funds of that Party.
5.1.2 Sixty-five percent (65%) of the Property and Sales Tax Increment
revenues generated in the CAC shall be retained by each Party for use as
that Party sees fit. The remaining thirty-fix percent (35%) of such
revenues shall be transferred to the other Party within sixty (60) days of
December 31 of each year. Annual statements showing calendar year total
receipts of all such revenues from each of the Property Owners and
retailers within the CAC shall be shared with the other Party within thirty
(30) days of December 31 of each year, and the Parties agree that these
statements are being disclosed solely for tax-related purposes and are
therefore to remain confidential.
5.1.3 Any interest earned on deposits in the account described in Section 5.1.1
above shall remain the property of the Party that collected the revenue
upon which the interest was earned and shall not be shared.
5.1.4 The share distribution shall begin on the Effective Date.
Page 10 of 16
t
5.1.5 Any increase or decrease in the sales or property tax rates of either the
City or the Town shall not affect the Property Tax Increment or the Sales Tax
Increment due from the City or the Town for the revenue sharing purposes of this
Section.
5.1.6 In the event either the City or the Town creates one or more exemptions
from sales taxes or property taxes, and such exemption(s) results in a reduction in
the amount of revenue collected by such Party in the CAC, the Party creating the
exemption(s) shall include the exempted amount in its calculation of the amount
of Property and Sales Tax Increment revenue that is due to the other Party under
this Section as if the exemption(s)had not been created.
i
5.1.7 To the extent permitted by law, this sharing of revenues shall continue in
perpetuity.
5.2. Cooperation in Attracting New Development. The Parties acknowledge and agree
that they may need to cooperate in an effort to attract desirable development. Nothing
herein shall preclude the Parties from entering into a subsequent agreement modifying the
within Section and creating incentives for development in the CAC beneficial to both
Parties. This shall include, but shall not be limited to, an agreement to reduce or
eliminate the revenue sources identified in this Section. Any such agreement shall be in
writing and set forth the terms under which a modification of this Section will occur.
5.3. Bonding. Nothing in this Agreement is intended to restrict either Party from
being able to utilize its sixty-five percent (65%) share of the Property Tax Increment
revenue and Sales and Use Tax Increment revenue as collateral or use in underwriting
any bond, note, debenture, or other municipal borrowing.
SECTION 6. INSPECTION OF RECORDS.
The City and the Town shall each have the right to inspect and audit the tax revenue and
fee collection records of the other pertaining to this Agreement. If any discrepancy is
discovered, the auditing Party shall provide written notice, including a copy of the audit
report, to the other Party. Any amount due must be paid within thirty(30) days following
the written notice or the Parties must engage in negotiations regarding the discrepancy. If
a mutual agreement is not reached in sixty (60) days, the provisions of Section 8 below
will apply.
To the extent permitted by law, all tax and revenue collection information which is
obtained by and pursuant to the inspection and audit provisions of this Agreement shall
be deemed privileged, confidential and proprietary information and is being disclosed
solely for tax-related purposes, including the calculation of revenue sharing payments
pursuant to this Agreement.
The Parties agree that they will not disclose any information to any person not having a
legitimate need-to-know for purposes authorized by this Agreement.
Page I 1 of 16
The period of limitation for the recovery of any funds payable under this Agreement shall
be three (3) years from the date on which the payment is due. Upon the expiration of this
period of limitation and any action for collection or recovery of unpaid revenue sharing
funds shall be barred.
Each Party and its authorized agents may, upon thirty (30) days' advance written notice
to the other, audit the other's records of those taxes and fees which are collected within
the CAC and which are being shared pursuant to this Agreement.
SECTION 7. ANNEXATION
7.1. Amendment of Growth Management Area Boundaries. In order to promote
ongoing cooperation and collaboration between the Parties with respect to land use
planning on both sides of Interstate 25, and to further the purposes contained in C.R.S.
Section 31-12-102 of the Municipal Annexation Act of 1965, the Parties agree that
Interstate 25 shall become the boundary between the Fort Collins Growth Management
Area ("FCGMA") and the Windsor Growth Management Area ("WGMA").
Accordingly, after the Effective Date, neither Party shall annex, or accept any petition to
annex, property within the other Party's growth management area as amended in
accordance with this provision. Nor shall either Party annex, or accept any petition to
annex, or include within its growth management area, the right-of-way for Interstate 25
adjacent to the other Party's growth management area without the prior written consent
of the other Party. Any future amendments to the contiguous boundaries of the FCGMA
and the WGMA shall be made only if agreed upon in writing by both Parties.
7.2. County Approval of GMA Boundary Amendments. Both Parties have heretofore
entered into intergovernmental agreements with Larimer County that establish the growth
management areas of the Parties, which agreements provide for, among other things, the
way in which development applications for properties within the FCGMA and the
WGMA will be processed by Larimer County. Accordingly, in order to ensure the
cooperation of Larimer County in implementing the provisions of this Section, each Party
shall, within one (1) year of the Effective Date, seek the approval of Larimer County to
amend its agreement with Larimer County so as to reflect the amendments to the
FCGMA and WGMA required hereunder. However, the failure of Larimer County to
approve either or.both such amendments shall not affect the obligation of the Parties to
refrain from annexing territory within the FCGMA, the WGMA or the right-of-way for
Interstate 25 as required in Section 7.1 above.
7.3. Effect on Prior Annexation Agreements. The provisions of this Section shall
supersede and take precedence over any conflicting provisions contained in those certain
agreements between the Parties entitled "Intergovernmental Agreement (Regarding
Annexations East of Interstate Highway 25)" and "Intergovernmental Agreement
(Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to
Fossil Creek Reservoir), both of which are dated June 28, 1999.
Page 12 of 16
SECTION S. MEDIATION/ARBITRATION
8.1. Enforceability of Agreement. The parties acknowledge that agreements between
municipalities for the purposes set forth herein are mutually binding and enforceable. The
parties likewise acknowledge that the unique nature of agreements between
municipalities often require equally unique remedies to ensure compliance with the
provisions of such agreements while preserving the obligations of the parties to one and
other and promoting the continued existence and effectiveness of such agreements. It is
the intent of the parties to this Agreement to provide enforcement remedies through a
combination of alternative dispute methodologies including mediation and binding
arbitration, and thereby eliminate the necessity of judicial enforcement of this
Agreement. Nothing herein shall be deemed to preclude either party from seeking judicial
enforcement of any mediation agreement reached between the parties or binding
arbitration order entered as a result of the alternate dispute methodologies set forth
herein.
8.2. Mediation/Arbitration Process in General. Should either party fail to comply with
the provisions of this Agreement, the other party, after providing written notification to
the non-complying party, and upon the failure of the non-complying party to achieve
compliance within forty five (45) days after said notice, the issue of non-compliance shall
be submitted to mediation and thereafter, assuming no resolution has been reached
through the mediation process, shall be submitted to binding arbitration. The mediation
and binding arbitration processes shall be in accordance with the provisions hereinafter
set forth. These mediation and arbitration provisions shall be in addition to questions of
non-compliance as aforesaid, apply to all disagreements or failure of the parties to reach
agreement as may be required by the terms of this Agreement. This shall include, but
shall not be limited to, the creation of joint land use designs and standards, approval or
rejection of Development Proposals, and disputed matters concerning shared revenues.
8.3. Sharing of Costs. All costs of the mediation/binding arbitration process shall be
divided equally between the Parties.
8.4. Mediation Process. The dispute resolution process shall commence with the
appointment of a mediator who shall be experienced in matters of local government and
the legal obligations of local government entities. In the event the parties are unable to
agree upon a mediator within fifteen(15) days of the commencement of the process, each
party shall within five(5) days appoint an independent third party, and the third parties so
appointed shall select a mediator within fifteen (15) days of their appointment. Mediation
shall be completed no later than sixty (60) days after a mediator is selected by the parties
or by the independent third parties. The procedures and methodology for mediation shall
be determined by the mediator,but shall be in compliance with applicable law.
8.5. Binding Arbitration Process. In the event the parties are unable to reach
agreement through the mediation process, the matter in dispute shall be submitted to
binding arbitration. The parties agree that the order resulting from the arbitration process
shall be deemed a final and conclusive resolution of the matter in dispute. The parties
shall agree on the appointment of an arbitrator who shall be experienced in matters of
Page 13 of 16
local government and the legal obligations of local government entities. It is understood
and agreed that the parties may agree upon the appointment of that person who conducted
the mediation portion of this process as the arbitrator, but are not bound to do so. In the
event the parties are unable to agree upon an arbitrator within fifteen (15) days, each
party will appoint an independent third party, and the third parties so appointed shall
select a mediator within fifteen (15) days of their appointment. Arbitration shall be
completed no later than ninety (90) days after an arbitrator is selected by the parties or by
the independent third parties. The procedures and methodology for binding arbitration
shall be determined by the arbitrator, but shall be in compliance with applicable law.
SECTION 9. CONTINGENT ON APPROPRIATIONS
The obligations of the City and Town do not constitute an indebtedness of the City or
Town within the meaning of any constitutional or statutory limitation or provision. The
obligations of the City and Town for payment of the Sales Tax Increment under this
Agreement shall be from year to year only and shall not constitute a mandatory payment
obligation of the City or Town in any fiscal year beyond the present fiscal year. This
Agreement shall not directly or indirectly obligate the City or Town to make any
payments of Sales Tax Increment beyond those appropriated for any fiscal year in which
this Agreement shall be in effect. The City and Town Manager (or any other officer or
employee at the time charged with the responsibility of formulating budget proposals) is
hereby directed to include in the budget proposals and appropriation ordinances
submitted to the City Council and the Town Board, in each year prior to expiration of this
Agreement, amounts sufficient to meet its obligations hereunder, but only if it shall have
received such amounts in the form of Sales Tax Increment, it being the intent, however,
that the decision as to whether to appropriate such amounts shall be at the discretion of
the City Council and Town Board.
SECTION 10. MISCELLANEOUS
10.1. Amendment. This Agreement is the entire and only agreement between the
Parties regarding the sharing of(1) costs for the Project; and (2) net new tax revenues and
PIF generated with the CAC boundaries. There are no promises, terms, conditions, or
other obligations other than those contained in this Agreement. This Agreement may be
amended only in writing signed by the Parties.
10.2. Severability. Except as otherwise provided in this Agreement, if any part, term,
or provision of this Agreement is held by the courts to be illegal or otherwise
unenforceable, such illegality or unenforceability will not affect the validity of any other
part, term, or provision of this Agreement and the rights of the Parties will be construed
as if that part, term, or provision was never part of this Agreement.
10.3. Colorado Law. This Agreement is made and delivered with the State of Colorado
and the laws of the State of Colorado will govern its interpretation, validity, and
enforceability.
Page 14 of 16
10.4. Jurisdiction of Courts. Personal jurisdiction and venue for any civil action
commenced by any of the Parties to this Agreement for actions arising out of or relating
to this Agreement will be the District Court of Larimer County, Colorado.
10.5. Representatives and Notice. Any notice or communication required or permitted
under the terms of this Agreement will be in writing and may be given to the Parties or
their respective legal counsel by (a) hand delivery; (b) deemed delivered three business
days after being deposited in the United States mail, with adequate postage prepaid, and
sent via registered or certified mail with return receipt requested; or (c) deemed delivered
one business day after being deposited with an overnight courier service of national
reputation have a delivery area of Northern Colorado, with the delivery charges prepaid.
The representatives will be:
If to the City: City Manager
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
With a copy to
City Attorney
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
If to the Town: Town Manager
Windsor Town Hall
301 Walnut Street
Windsor, CO 80550
With a copy to
Town Attorney
c/o Town Manager
Windsor Town Hall
301 Walnut Street
Windsor, CO 80550
10.6. Good Faith. In the performance of this Agreement or in considering any
requested approval, acceptance, or extension of time, the Parties agree that each will act
in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably
withhold, condition or delay any approval, acceptance or extension of time required or
requested pursuant to this Agreement.
10.7. Authorization. The signatories to this Agreement affirm and warrant that they are
fully authorized to enter into and execute this Agreement, and all necessary action,
notices, meetings, and hearings pursuant to any law required to authorize their execution
of this Agreement have been made.
Page 15of16
10.8. Assignment. Neither this Agreement nor the City or Towns' rights, obligations or
duties may be assigned or transferred in whole or in part by either Party without the prior
written consent of the other Party.
10.9. Execution in Counterparts. This Agreement may be executed in multiple
counterparts, each of which will be deemed an original and all of which taken together
will constitute one and the same agreement.
10.10. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, are strictly reserved to the Parties and nothing in this
Agreement shall give or allow any claim or right or cause of action whatsoever by any
other person not included in this Agreement. It is the express intention of the Parties that
no person and/or entity, other than the undersigned Parties, receiving services or benefits
under this Agreement shall be deemed any more than an incidental beneficiary only.
10.11. Recordation of Agreement. The City shall record a copy of this Agreement in the
office of the Clerk and Recorder of Larimer County, Colorado.
10.12. Execution of Other Documents. The Parties agree to execute any additional
documents and to take any additional actions necessary to carry out the terms of this
Agreement.
CITY OF FORT COLLINS
Mayor
ATTEST:
City Clerk
TOWN OF WINDSOR,
Mayor
ATTEST:
Town Clerk
Page 16 of 16
ier i
■ I
MEN
NEW ME
Now
MI
IVIIIIIIII
MEM
MEN
,
5
.n ,; rim,►hr■:■=��� �i1v:
. = 11 � - ■ ■ ■ ■
IIIIIIIII
MM
MM
ME
MM
MM ME
� . mar.. �„■ �iow►�i.�i�.� _ � ` I`IIIIb� ��IIII ■■■■■■■���� ,�
_ ��� � 11111111■1■I■ Y11111111111111111111�1
i �111111 1111111 11111111111111111111\ i ,.��...
0 0.05 0.1 0.2 0.3 • • I _ LandUse Boundary
17�� Kilometers
1 0.1 0.2 0.4 • . I Commercial
CITY OF FORT COLLINS
GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS
These map products and all underlying data am developed bar use by the City of Fort Collins for r1s; internal purposes only. Employment • Collinsof
and were not designed or intended for general use by members ofthe public Tine City malves no representation or
warranty as to its accuracy,Loneliness, or completeness, and! in locifficular, its accuracy in labeling or displaying Fort Collins
dimensions, cultures, proiderty boundaries. or placement a location of any, map features thereon THECRYOFFORT
COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY ORWARRAINTY FOR FITNESS OF USE FOR All Windsor GMA
Printed :PARTICULAR PURPOSE, EXPRESSED OR IMPLIED.WITH RESPECT TO THESE MAP PRODUCTS OR THE
UNDERLYING DATA AM uses ofthese map products, map applications, or data accepts them AS 13,WITH ALL GIS
FAULTS. and assumes all desidonsibillty of the use thereof, add further covenants and agrees to hold Me City harmless
from and against all damage, loss, or liability among man any use of this map product, in considerawn a Me City s having
made ME information available Independent verification of all door contained herein should the obtained by any users of Parcels
theseproducts. orunderlyingdonal The City dideolaims, and shall nor be held liable for any and all damage, loss, or
fiathifinly whether direct. indirect, or consequenticil, which anses or may anse"in these map products or Meuse thereof by any person or county
2010
Exhibit B
Intergovernmental Agreement- Pertaining to the Development of the
Interstate 1-25/Colorado Highway 392 Interchange
Permitted Uses in the Corridor Activity Center
Land Use Table
Lodging
Retail Store
Multi-Family Mixed-Use
Mixed Used Residential
Offices/Financial
Retail Establishment/Big Box
Small Scale Rec./Events Center
Standard Restaurant
Personal/Business Service Shops
Health Club
Schools-PrivateNocational Colleges
Drive Thru Restaurants
Fast Food Restaurants
Grocery/Supermarket
Medical Center/Clinics
Entertainment Facilities/Theaters
Tele-Communication Equipment, excluding freestanding towers
Cultural Venues
Fuel Sales Convenience Stores
Hospital
Long Term Care Facilities
Adult Day Care Centers
Unlimited Indoor Recreation
F
December 13,2010 Land Use Table