HomeMy WebLinkAbout2018-114-12/04/2018-APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE POUDRE SCHOOL RESOLUTION 2018-114
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE POUDRE SCHOOL DISTRICT
PERTAINING TO THE LAND DEDICATION AND IN-LIEU FEE REQUIREMENTS
IN ARTICLE III OF CHAPTER 7.5 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, effective April 21, 1998, the City entered into an intergovernmental
agreement with the Poudre School District ("PSD"), which agreement provides for the
dedication of land by developers of residential properties in the City to PSD for the construction
of new schools needed to offset the impacts of such development or, in the alternative, for the
payment of a fee in-lieu of such dedication, and which has been amended by the City and PSD as
authorized in City Council Resolution .1998-073, Resolution 1999-044, Ordinance No. 079,
2001, Ordinance No. 150, 2006, Ordinance No. 059, 2011 and Ordinance No. 080, 2013 (the
"PSD Agreement"); and
WHEREAS, before the City entered into the PSD Agreement, the City Council amended
the City Code to establish the City's authority to impose the land dedication and in-lieu fee
requirements on behalf of PSD as provided in the PSD Agreement by adopting Ordinance No.
74, 1998 in May of 1998, in which the City Council added a new Article III to City Code
Chapter 7.5,which Article III has been amended by Council several times since then; and
WHEREAS,the term of the PSD Agreement expired on April 21, 2018, but as authorized
by the City Council in Resolution 2018-037, the term of the PSD Agreement was extended by
the parties by written agreement through December 31, 2018, to give the staffs of the City and
PSD additional time to negotiate the terms and conditions of a new intergovernmental
agreement; and
WHEREAS, City and PSD staffs have completed their negotiations and City Council has
been presented for its consideration the "Amended and Restated Intergovernmental Agreement
Concerning Land Dedication or Payment of a Fee in Lieu of Land Dedication for School
Purposes" attached as Exhibit "A" and incorporated herein by reference(the "PSD Amended and
Restated Agreement"); and
WHEREAS, the City Council has also been presented for its consideration proposed
Ordinance No. 111, 2018, which contains the amendments to Article III of Code Chapter 7.5 that
are needed to ensure that the provisions of the PSD Amended and Restated Agreement and
Article III are consistent and not in conflict; and
WHEREAS, the PSD Amended and Restated Agreement provides that it will be effective
January 1, 2019, and that it will supersede and replace in all respects the PSD Agreement; and
WHEREAS, the City and PSD are each authorized to enter into the PSD Amended and
Restated Agreement pursuant to Sections 29-20-105 and 22-54-102(3)(a) of the Colorado
Revised Statutes; and
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WHEREAS, the City Council hereby finds and determines that entering into the PSD
Amended and Restated Agreement is in the best interest of the City and necessary for the
public's health, safety and welfare and, in entering into it, intends for the PSD Amended and
Restated Agreement to supersede and replace in all respects the PSD Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves PSD Amended and Restated
Agreement.
Section 3. Provided that Ordinance No. 171, 2018, is adopted by City Council on
second reading and becomes law as provided in the City Charter, the Mayor is authorized to
execute the PSD Amended and Restated Agreement in substantially the form attached hereto as
Exhibit "A," subject to such minor modifications as the Mayor, in consultation with the City
Manager and City Attorney, may determine to be necessary and appropriate to protect the
interests of the City or to effectuate the purposes of this Resolution. That when so executed by
the Mayor, the PSD Amended and Restated Agreement shall supersede and replace in all
respects the PSD Agreement.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of December, A.D. 2018.
Mayor
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EXHIBIT A
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING LAND
DEDICATION OR PAYMENT OF A FEE IN LIEU OF LAND DEDICATION FOR SCHOOL
PURPOSES
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (this
'IGA") is entered into by and between Poudre School District R-1, a political subdivision of the
State of Colorado, ("School District") and the City of Fort Collins; a Colorado home rule
municipality, ("City"), with the School District and City being referred to jointly herein as the
"Parties" or individually as"Party This IGA shall be effective as of the 1 st day of January,2019
("Effective Date")and shall amend, restate,replace,and supersede the Parties' "Intergovernmental
Agreement Concerning Land Dedications or Payments in Lieu of Land Dedications for School
Purposes," dated April 21, 1998, as extended by mutual agreement of the Parties through
December 31, 2018 (the "1998 Agreement').
RECITALS
A. Local governments are encouraged and authorized to cooperate or contract with
other units of government, pursuant to Section 29-20-105 of the Colorado Revised Statutes
("C.R.S."), for the purpose of planning or regulating the development of land, including, but not
limited to, the joint exercise of planning, zoning, subdivision, building and related regulations.
B. C.R.S. Section 22-54-102(3)(a) recognizes the authority of local governments and
school districts to cooperate through intergovernmental agreements to fund, construct, maintain
and manage capital construction projects, provided that funding is derived from a source of local
government revenue that is otherwise authorized by law.
C. The growth in residential land development in the City and throughout the GMA
creates for the School District the need to build additional School Facilities or to expand existing
School Facilities in order to accommodate the corresponding increases in the student population,
which requires, in connection with such new development within the City and throughout the
GMA, the dedication of land for new School Facilities or the payment of an in-lieu fee to be used
to buy the needed land or to expand existing School Facilities ("In-lieu Fee")to help to meet such
demand.
D. The School District has adopted certain planning standards and a methodology for
calculating the School District's need for additional land or expanded School Facilities that will
result from any proposed land-use approval by the City.
E. The City is authorized to adopt appropriate ordinances and regulations for the
purpose of promoting and preserving the public health, safety and welfare of the City's residents.
F. There is an essential nexus between the need for the dedication of School Sites or
the payment of an In-lieu Fee and the legitimate public purposes of promoting and preserving the
public health,safety and welfare ofthe residents living in the boundaries of the City and the School
District.
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G. In order to provide adequate School Facilities to serve new residential land
developments, it is imperative that the School District be consulted regarding land dedication or
the payment of an In-lieu Fee for school sites in order to achieve rational and cost-effective
planning and to assure that the requirements for land dedications or payment of an In-lieu Fee are
sufficient to serve student populations in areas that are experiencing new development.
H. School land dedication or payment of an In-lieu Fee serve to implement the City's
Comprehensive Plan by making provisions for public improvements in a manner appropriate for a
modern, efficiently functioning municipality.
I. The City, upon consideration of the effect of residential land developments and the
ability of the School District to provide school facilities both within and outside the City and
throughout the GMA, has determined that it is in the best interests of the City and its residents to
enter into this IGA for the purpose of providing for the dedication of land for School Sites or the
payment of an In-lieu Fee as provided in this Agreement.
J. Based upon their mutual experience over the past twenty years under the 1998
Agreement, the City and School District desire to amend and restate their respective rights and
obligations with respect to the planning, collection and use of such land dedications and the
payment of an In-lieu Fee and, in doing so, intend that this IGA shall replace and supersede the
1998 Agreement in all respects.
K. In order to implement the provisions of the 1998 Agreement, the Fort Collins City
Council (the "City Council") adopted Ordinance No. 74, 1998, in which it added to City Code
Chapter 7.5 a Division 1 in Article III and subsequently amended Division 1 in ordinances adopted
in 2000,2002, 2012, 2013 and 2017 and,most recently, City Council adopted Ordinance No. 171,
2018 making amendments to specifically implement this IGA (collectively, the "Implementing
Ordinance").
AGREEMENT
NOW, THEREFORE, in consideration of the objectives, policies and findings expressed
in the Recitals of this Agreement, which are hereby adopted by the Parties and incorporated by
this reference, and the mutual promises contained in this IGA, the City and School District agree
as follows:
1, Definitions. These words and terms, when capitalized in this IGA, shall be given the
following meanings:
"Building Permit" means the permit required for the construction of new Dwelling
Units under Article 11 in City Code Chapter 5 and the permit required for the
installation of a mobile home pursuant to City Code Section 18-8(b).
"City Code" means the Fort Collins Municipal Code, as amended.
"Developer" means the person or entity seeking land-use approval from the City
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for a Land Development Project or the person or entity otherwise responsible for
land dedication or payment of an In-lieu Fee under this IGA.
"Dwelling Unit" means one (1) or more rooms and a single kitchen and at least
one (1) bathroom, designed, occupied or intended for occupancy as separate
quarters for the exclusive use of a single family for living, cooking and sanitary
purposes, located in a single-family,two-family or multi family dwelling or mixed-
use building, as these italicized terms are defined in the Land Use Code.
"GMA" means the "Growth Management Area," the boundaries of which were
established in the Intergovernmental Agreement (Regarding Cooperation on
Managing Urban Development) dated June 24, 2008, nunc pro tunc October 17,
2006, between the City and Larimer County(the"GMA IGA"), as such boundaries
may be changed from time to time by written agreement of the City and Larimer
County as provided in Section I I of the GMA IGA.
"Land Development Project" or "Project" means any proposed land development
project for which a development application or development application for
permitted use has been filed with the City under the Land Use Code or any
subsequent amendment to a previously approved subdivision and which, if
approved, could result in the construction of new Dwelling Units.
"Land Use Code" means the City of Fort Collins Land Use Code, as amended.
"Methodology" means the formulas,based upon the School Planning Standards,for
calculating land dedication requirements and the In-lieu Fee,as set forth in Exhibit
A attached hereto and incorporated herein by this reference.
"School Facility" means any building, structure or appurtenant facility, whether
combined in a single structure or separate structures, that is required in the
judgment of the School District Board of Education for the provision of K-12
educational services within the GMA, including, without limitation, any classroom
building, administrative office building, transportation center, athletic field and/or
structure, stadium, indoor pool, maintenance building, teacherage and other
employee housing and/or training facility.
"School Planning Standards" or "Standards" means the adopted School District
land use standards set forth in Exhibit B attached hereto and incorporated herein
by this reference, which include student yields per dwelling unit for the three
separate school levels, School Facility capacities, and the estimated fair market
value of real property that is located within the boundaries of both the City and the
School District.
"School Site" means a tract or parcel of land dedicated by express language in the
final plat of a Project for the construction or expansion of School Facilities.
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"School Site Acquisition and Development"means the purchase and/or preparation
of a School Site and shall include, without limitation, survey work, grading,
installation of utilities, street improvements, raw water acquisition, mobile
classrooms and the expansion of existing School Facilities. The term "purchase"
for purposes of this definition refers to the dedication and conveyance of a School
Site to the School District and any other means by which the School District may
obtain the legal right to develop, use and occupy a tract or parcel of land. The term
"preparation"as used in this definition, may include expenditures for infrastructure
on property adjacent to or related to the development of a School Site itself. By
way of illustration and not limitation, such expenditures may include streets and
roads, extension of utilities and drainage structures and facilities.
"School Site Acreage Requirements" means the minimum acreage needed for each
School Site for each of the three separate school levels. The School Site Acreage
Requirements are set forth in Exhibit B attached hereto and incorporated herein by
reference.
2. Determination of Land Dedication and In-lieu Fee Requirements
a. The City and School District find and agree that the current School Planning
Standards in Exhibit B and the Methodology in Exhibit A are reasonable, and that the
implementation of the School Planning Standards and Methodology as written will ensure the
following as to each proposed Land Development Project:
i. That there will be an essential nexus between the dedication or payment
contemplated and a legitimate public purpose;
ii. That the dedication or In-lieu Fee payment will be reasonably proportional,
both in nature and extent, to School District's need for additional space to
serve an increased student population expected to result from the proposed
Land Development Project; and
iii. That the amount of any In-lieu Fee payment to the School District will be
based upon the market value of the land needed as a result of the Land
Development Project.
b. Prior to or at the time that an application is submitted to the City for any Land
Development Project, the School District shall have the right to obtain from the Developer any
and all information the School District deems reasonably necessary for the purpose of determining
whether the School District desires the dedication of any land for School Facilities within the
Project, consistent with the School Planning Standards.
c. Notwithstanding any provision in this IGA to the contrary, the School District
may request a dedication of land that; based upon the application of the Standards and
Methodology, results in a parcel that in and of itself would,not meet the School Site Acreage
Requirements, provided that the School District has a plan for acquisition of the balance of the
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property needed to meet the School Site Acreage Requirements. In such event,the District agrees
to discuss with the Developer the potential reservation by the Developer or acquisition by the
School District of the balance of the property needed to provide an. adequate School Site.
Additionally, nothing herein shall be construed to prevent the School District from purchasing or
otherwise acquiring property in excess of the School Site Acreage Requirements in any particular
instance.
d. If the School District determines that the dedication of School Sites is not
feasible, is not consistent with School Facilities planning or usage or is otherwise not in the best
interests of the School District, the School District agrees to accept from the Developer the
payment of an In-lieu Fee as provided in this IGA.
e. Upon the City receiving an application for any proposed Land Development
Project, the City shall submit the Developer's application to the School District for its review,
comment and recommendation concerning the adequacy of School Sites and School Facilities
within the context of the proposed Land Development Project. The School District shall review
the proposed Project within the time allotted on the City's "Project Comment Sheet" or"Referral
Notice," and shall submit its comments and recommendations, if any, to the City; provided,
however, that the School District shall have a minimum of three weeks for new projects and two
weeks for subsequent reviews of an existing project in which to complete its review and provide
comments.
f The School District shall make a determination concerning the space available
in its existing School Sites and School Facilities to serve the increased student populations
expected to result from the Project based upon the School Planning Standards in effect at the time
the Developer's application is submitted to the School District for its review.
g. The City shall review any and all comments, recommendations and
determinations made by the School District concerning the Project and, if the School District's
recommendations and determinations are substantially in accordance with the Standards, the
Methodology and any other applicable provisions of this IGA, the City shall adopt the School
District's recommendations and determinations and shall impose such requirements on the
Developer that will ensure the implementation of the same as provided in this IGA.
h. If the School District determines that it would be beneficial for a Developer to
dedicate land, the School District may negotiate with the Developer for such dedication. If the
Developer and the School District do not reach agreement on a School Site within the time set
forth for the School District to submit its comments to the City, the City agrees to defer action on
the Land Development Project's application until a future time to allow the City, School District
and Developer to negotiate further, but in no event shall the City be required to defer action on the
application beyond an additional ninety (90) days.
i. The City agrees to conduct its process to review applications for Land
Development Projects in a manner that encourages each Developer to cooperate with the School
District's requests, for information and participation in meetings as necessary for the
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determinations and undertakings contemplated in this Section 2.
3. Dedication and Conveyance of School Sites
a. If, as a result of the process set forth in Section 2. above, agreement is reached
between the School District and Developer for a School Site to be dedicated to the School District
as part of the approval of any Land Development Project, the School District shall notify the City
in writing. Upon receipt of such notification, the City shall thereafter accept the final plat for the
Land Development Project, or any portion of it, for recording only if such plat provides for the
contemporaneous dedication and conveyance of such School Site to the School District.
b. If, as a result of the process set forth in Section 2. above the School District
determines that it would be beneficial for a Developer to dedicate land,but no agreement is reached
between the School District and Developer for dedication of a School Site as part of the approval
of the Land Development Project,the School District shall so notify the City in writing within the
time provided in paragraph h. of Section 2. above. Upon receipt of such notification, and provided
that the School District's land dedication requirement is substantially in accordance with the
Standards, the Methodology and any other applicable provisions of this IGA, the City shall adopt
the School District's determination and shall reject the final plat for the Land Development Project,
or any portion of it. Thereafter,the final plat for such Land Development Project shall be accepted
for recording only if such plat provides for the contemporaneous dedication and conveyance of a
School Site acceptable to the School District.
c.. Dedication of a School Site shall occur no later than the date of final approval
of the Land Development Project and shall be evidenced by dedication language set forth in the
final plat for the Project.
d. The following shall occur prior to the issuance of the first Building Permit for
the Land Development Project containing a School Site:
i. The School Site shall have overlot grading, direct access to a publicly
dedicated street improved to City standards and utilities stubbed to the School Site; and
ii. Title to the School Site shall be conveyed to the School District by general
warranty deed, free and clear of all liens, encumbrances and exceptions (except those approved in
writing by the School District), including, without limitation, real property taxes, which will he
prorated and paid as of the date of conveyance. The Developer shall provide the School District
with a title insurance commitment and policy in an amount equal to the fair market value of the
dedicated property.
4. Assessment and Amount of In-Lieu Fee
If the School District determines that it wishes to receive a payment of the In-lieu Fee,then
the amount of the In-lieu Fee payment shall be determined according to the Methodology then in
effect and paid to the School District prior to issuance of any Building Permit for the Land
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Development Project.
5. Methodology for Assessing In-Lieu Fee
a. The Parties agree that the Methodology has been developed in a manner so as
to fairly apportion the cost of acquiring School Sites made necessary by residential development
and to ensure that any In-lieu Fee revenues received by the School District will be used by it for
the purposes of School Site Acquisition and Development or the expansion of School Facilities,
and all occurring within the GMA's boundaries except as provided in paragraph 6.b.All dedication
requirements and In-lieu Fee payments shall be based Ripon the School Planning Standards and the
Methodology, as the same may be amended from time to time in accordance with paragraph b.
below, which are in effect at the time the Developer submits to the City the application for the
subject Land Use Development.
b. The School Planning Standards and Methodology adopted pursuant to the
provisions of this IGA shall remain in effect unless and until updated by the School District and
approved by the City Council. If and when updates are adopted by the School District, a copy of
Exhibits A and B, reflecting such updates, shall be furnished to the City within thirty (30) days
after their adoption by the School District. The City Council shall thereafter either approve or
reject the updated School Planning Standards and/or Methodology and revised assessment figures;
provided, however, that the City Council shall not unreasonably withhold or delay approval.
Notwithstanding the foregoing, the City Council shall not be required to approve any School
Planning Standards or Methodology that proposes an increase in the School Site dedication
requirements or the In-Lieu Fee amounts that are in excess of 10%of the requirements and amounts
that are-in the Standards and Methodology being replaced and in no event shall the City Council
be required to approve any Standards or Methodology that propose dedication requirements or In-
Lieu Fee amounts that the City is not authorized by law to impose. The last approved Standards
and Methodology and assessment figures shall be in effect until such revised Standards and
Methodology are approved. Assessments associated with the newly approved Methodology shall
be effective from the date of approval by the City Council.
6. Collection, Deposit and Expenditure of In-Lieu Fee
a. All payments of the In-Lieu Fee collected by the City shall be properly
identified and promptly deposited into a separate account held by the City for the benefit of the
School District. The City shall remit to the School District, no less than quarterly,all funds it has
collected and deposited into the account, less a two percent (2%) administrative fee. The School
District shall be the owner of the funds in the account. The School District shall be solely
responsible for the funds it receives. Funds collected shall not constitute revenue of the City under
the provisions of Article X, Section 20 of the Colorado Constitution.
b. The funds deposited into the account shall be earmarked and expended only for the
purposes of School Site Acquisition and Development, expansion of School Facilities and for the
planning and development of such acquisitions and expansions. When expenditures from the
account are made for the acquisition of a School Site or the expansion of a School Facility, the
expenditures may be made for School Sites located anywhere within the GMA. Notwithstanding
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the immediately preceding sentence, expenditures under this Agreement may be made for the high
school project to be constructed on a site encompassing approximately 100 acres located at the
northwest corner of County Road 5 and East Prospect Road, Fort Collins, Colorado(the"Prospect
Site") regardless of whether the Prospect Site is located within the GMA, but only until such time
as the Prospect Site is annexed by the Town of Timnath, if ever. Subject to the limitations
contained in this Agreement, the time for, nature, method and extent of such planning or
development shall be within the sole discretion of the School District.
7. Exemptions
a. Each of the following shall be exempt from the land-dedication requirements
and the In-lieu Fee payment requirements in this IGA:
i. Previously-approved and recorded Land Development Projects, other than
those phases for which final plats have not been approved;
ii. The installation of any mobile home that replaces a previously existing
mobile home on an existing mobile home lot under City Code Section 18=
8(b);
iii. Alteration or expansion of a Dwelling Unit;
iv. Replacement of a Dwelling Unit;
V. Construction of an accessory building or structure;
vi. Long-term care facilities or group homes as defined in the Land Use Code;
vii. Land Development Projects(or portions thereof)that are subject to recorded
covenants permanently restricting the age of all residents of all dwelling
units in the Project to persons 55 years of age or older,such that the dwelling
units may be classified as "housing for older persons" pursuant to the
Federal Fair Housing Amendments Act of 1988, 42 U.S.C. § 3607 (b) (2)
(B);
viii. Land Development Projects(or portions thereof)that are subject to recorded
covenants permanently restricting the age of all residents to 18 years of age
or older and permanently restricting the affordability for all residents of all
dwelling units and which combine the housing with services that help
people who face the most complex challenges to live with stability,
autonomy and dignity, such that the dwelling units may be classified as
"permanent supportive housing' and
ix. Land Development Projects for which the land-dedication requirement or
the In-lieu Fee payment requirement of this IGA are prohibited by law.
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b. Unless exempt by law from the In-Lieu Fee, any claim of exemption as
provided in this Section 8 must be made no later than the time of submission of the application for
the Land Development Project. Any claim of exemption not so made shall be deemed by the
School District and the City to have been waived by the Developer.
c. In addition,the School District acknowledges and agrees that its right to receive
and retain In-lieu Fees under this IGA is subject to and governed by: (i) City Code Section 7.5-
48(e) authorizing the City Council to waive In-lieu Fees for certain affordable housing Projects;
(ii) City Code Section 7.5-49 allowing for developers to appeal to the City Manager the amount of
In-lieu Fees imposed; and(iii) City Code Section 7.5-50(c) requiring the refunding of In-lieu Fees
collected if not used by the School District for the purposes authorized under this IGA within ten
years of collection;provided, however,that the City Council may extend the ten-year expenditure
deadline set forth in City Code Section 7.5-50(c) upon the request of the School District for good
cause shown and following a public hearing. "Good cause," for purposes of extending the ten-
year deadline, shall include, without limitation, a showing by the School District that it has plans
approved by its board for School Site Acquisition and Development within the GMA that will
occur within the period of the extension requested and for which the In-lieu Fees are needed.
8. Accounting and Audit.
a. The School District shall establish and maintain an accounting system to ensure
that all revenues it receives from the In-lieu Fee are expended in accordance with Section 6.b. of
this IGA.
b. At any time it deems necessary, the City may request an accounting from the
Superintendent of the School District concerning the expenditure of the In-lieu Fee revenues the
School District has received under this IGA and the School District agrees to promptly provide
such accounting.
c. The City and the School District also agree to each conduct annual audits of the
In-lieu Fees they have each respectively collected and expended as provided in City Code Section
7.5-51(a).
9. Term
The term of this IGA shall commence on the Effective Date and shall continue for a period
of five (5) years thereafter. This IGA shall automatically renew for successive and additional five
(5)year terms unless one of the Parties notifies the`other of intent to non-renew at least thirty (30)
days prior to the expiration of any of these five-year terms.
10. Prior Agreements
The 1998 Agreement and any other prior agreements or understandings of the Parties
pertaining to the matters addressed in this IGA are hereby canceled and superseded as of the
Effective Date and thereafter shall have no further force or effect.
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11. Miscellaneous
a. Faith and Credit: Neither Party shall extend the faith or credit of the other to
any third person or entity.
b. Amendments: This IGA may be amended only by agreement of the Parties
evidenced by a written instrument authorized and executed with the same formality as accorded
this IGA.
c. Notice: Any notice required by this IGA shall be in writing. If such notice is
hand delivered or personally served, it shall be effective immediately upon such delivery or
service. If given by mail, it shall be certified with return receipt requested and addressed to the
following addresses:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Poudre School District
2407 LaPorte Avenue
Fort Collins, Colorado 80521
Attention: Superintendent of Schools
Notice given by mail shall be effective three (3)days after it is deposited in the United States mail
depository correctly addressed and with sufficient postage for delivery.
d. Governing Law and Venue: This IGA and the rights and obligations of the
Parties under it shall be interpreted and construed in accordance with the laws of the State of
Colorado, the City Code, the Land Use Code and the Implementing Ordinance (collectively, the
"Controlling Laws"). In the event of any conflict between this IGA and the Controlling Laws,the
Controlling Laws shall control the interpretation of the IGA and the Parties' performance of their
obligations under it.Neither Party shall be obligated under this IGA to take any action that would
be a violation of or in conflict with any of the Controlling Laws. The Parties agree that venue for
any judicial action to interpret, enforce or seek damages under this IGA shall be in the District
Court of Larimer County, Colorado.
e. Severability: If this IGA, or any portion of it, is for any reason held invalid or
unlawful by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
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and independent provision, and such holding shall not affect the validity of the remaining portions
of the IGA.
f. Indemnification: The City and School District agree to cooperate with one
another in the defense of any legal action,that may be brought contesting the validity of this IGA
or the Implementing Ordinance. To the extent permitted by law, the School District shall be
responsible for defending such claim (whether filed against the City, the School District or both)
and for the payment of any final monetary judgment entered against the City in any such action.
Nothing contained in this IGA shall constitute any waiver by the City or the School District of any
defenses, immunities or limitations of liability under the Colorado Governmental Immunity Act
or available under any other applicable Colorado or federal law. This paragraph f. shall survive
termination of this IGA and be enforceable until all claims are precluded by statutes of limitation.
g. Survivals Any provision or obligation of this IGA, for the benefit of either
Party,that has not been fully performed or discharged at the time of termination shall survive such
termination and continue to bind the defaulting Party until the expiration of any applicable legal
or equitable period of limitation.
h. Financial Obligations: This IGA shall not be deemed a pledge of the credit of
the City or the School District, or a guarantee of collection or payment by the City to the School
District. Nothing in this IGA shall be construed to create a multiple-fiscal year direct or indirect
City or School District debt or financial obligation.
i. No Third-Party Beneficiaries: None of the terms, conditions or covenants in
this IGA shall give or allow any claim, benefit or right of action by any third person or entity not
a party hereto.
j. No Assignment: The rights, benefits and obligations of this IGA shall not be
assigned by either of the Parties without the other Party's prior written consent. Any assignment
without such prior written consent shall be deemed null and void and of no effect.
k. Binding Effect: This IGA shall inure to the benefit of and be binding on the
Parties' respective successors and permitted assigns.
I. Recording of Agreement: This IGA shall be recorded with the Larimer County
Clerk and Recorder at the shared cost of the Parties.
IN WITNESS WHEREOF, the Parties have executed this IGA as of the date indicated
below and this IGA shall be in full force and effect on the Effective Date.
CITY OF FORT COLLINS, COLORADO
By
Wade Troxell, Mayor
Page 11
ATTEST:
City Clerk Date
APPROVED AS TO LEGAL FORM;
Deputy City Attorney
POUDRE SCHOOL DISTRICT R-1
BY
ATTEST- President, Board of Education
Secretary Date
APPROVED AS TO LEGAL FORM:
School District Attorney
Page 12
Exhibit A
Poudre School District
School District Methodology
Based on the School District Planning Standards contained in Exhibit B, calculation of land
dedication or In-lieu Fee payments uses the following procedures:
1. The student yield is determined by the number of attached dwelling units.
(e.g. Category A, Elementary School= 0.35).
2. The amount of land required per student is calculated by dividing the acreage by the
capacity.
(e.g. Elementary School = 15 acres/525 students• = 0.029).
3. The acreage per dwelling unit is determined by multiplying the student yield by the per
student land requirement.
(e.g. 0.35 yield x 0.029 acres = 0.010)
4. To convert the land dedication requirement into in-lieu payments, the acreage per
dwelling unit is multiplied by the developed land value.
(e.g. 0.010 acres x$100,000 = $1,000.00)
Summary
The total land dedication or In-lieu Fee payment per dwelling unit is:
Category A Category B
I to 4 attached units 5 or more attached units
Land PILO' Land PILO'
Elementary School 0.0100 acres $ 950 0.005 acres $475
Middle School 0.0040 acres $ 380 0.002 acres $190
Hi h School 0.0040 acres $ 380 0.002 acres $190
Total 0.0180 acres $1,710 0.009 acres $855
To determine the land or In-lieu Fee payments for a proposed residential development, the per
dwelling unit totals above would be multiplied by the total number of dwelling units in the
development.
(e.g. 300 single family units = 0.0180 x 300 =5.4-acre dedication or
$1,710x 300 = $513,000PILO)
'PILO means "payment-in-lieu-of'land dedication
Exhibit B
Poudre School District
School District Planning Standards and
School Site' Acreage Requirements
Planning Standards
i. Student Yield Per Dwelling Unite
Category A Category B
1 to 4 attached 5 or more attached
dwelling units dwelling units
Elementary School 0.35 %2 Category A
Middle School 0.10 %2 Category A
High School 0.09 /2 Category A
Total 0.54 students V2 Category A
ii. School Enrollment Capacities
Elementary School 525 students
Middle School 750 students
High School 1,800 students
iii. Developed Land Value for 20124
$959000
School Site Acreage Requirements'
Elementary School 15 acres
Middle School 30 acres
High School 80 acres
This Exhibit is limited to requirements for instructional buildings in the nature ofa typical school building
within the School District. Standards for other types of School Facilities will be determined on a case by case basis.
'Average student yields for elementary,middle school,and high school based on information collected by
Western Demographics,inc. includes all residential chvelling types within the School District.
2Based on Poudre School District's current educational specifications.
'Average land value based on report prepared by Shannon and Associates dated March 14,2006 and
updated August 13,2008, December 29,2010,and November 16, 2012.Adjustments to occur every 2 years in the
even year based on changes to the Larimer County Assessor's"Residential Lot Classifecation'.