HomeMy WebLinkAboutFOOTHILLS MALL REDEVELOPMENT - PDP - PDP120036 - LEGAL DOCS - APPLICATIONWALTON FOOTHILLS HOLDINGS VI, L.L.C.,
a Delaware limited liability company
By: Foothills Alberta Member, LLC,
a Colorado limited liability company,
its
008901\0002\1774397. 43
r '.
"•. SEAL
Attest Z�)a4IA
City Clerk
Approved orm
1�4'7
Deputy'City Attorney
008901 \0002\ 1774397. 42
CITY OF FORT COLLINS, COLORADO
By= - , Al
Darin Atteberry, City Manager
AGREEMENT REGARDING INCOMPLETE APPLICATION
THIS AGREEMENT ("the Agreement") is executed this day of ,
by and between the City of Fort Collins, Colorado, a municipal corporation ("City")
and Walton Foothills Holdings IV, LLC, a Delaware limited liability company
("Applicant/Developer").
WHEREAS, Section 2.2.4 (B) of the Land Use Code of the City contains regulations
regarding the processing of incomplete applications which Section includes a requirement that
the Applicant/Developer which submits an incomplete application must enter into an agreement
with the City which provides certain protective provisions including a requirement that the
"documents of approval," if any, cannot be recorded with the Larimer County Clerk and
Recorder until a complete application has been approved and also including a requirement that
certain indemnification promisesbe provided to protect the City; and
WHEREAS, the Applicant/Developer desires to submit an incomplete application for
redevelopment of the Foothills Mall for early review by the City because a portion of the
Foothills Mall property to be developed under the application is not under the ownership and
control of the Applicant/Developer even though the Applicant/Developer has the right to use and
control the majority of the property to be developed under the application; and
WHEREAS, the Director must also determine that it would not be detrimental to the
public interest to accept the incomplete application for review and consideration; and
WHEREAS, in pursuance of the anticipated filing of an incomplete application for
redevelopment of the Foothills Mall by the Applicant/Developer, the parties, in consideration of
the mutual promises of the parties and good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, agree as follows:
1. The Applicant/Developer agrees that (a) until such time as the Applicant/Developer
has acquired full ownership and control of all property to be developed under the application for
redevelopment of the Foothills Mall, the Applicant/Developer shall not record, or cause to be
recorded, in the office of the Larimer County Clerk and Recorder any document related to the
City's review and approval of the application; and (b) the Applicant/Developer hereby agrees to
indemnify and hold harmless the City, and its officers, agents, and assigns, from any and all
claims that may be asserted against them by any third party, claiming injury or loss of any kind
whatsoever, to the extent such claims are in any way related to or arise from the City's
processing of the application despite its incomplete status, except that the Applicant/Developer
shall not be required to indemnify the City, its officers, agents and assigns from claims resulting
from the City's negligence, or the City's action outside its authority.
IN WITNESS WHEREOF,the parties hereto have executed the day and year first above
written.
008901 \0002U 774397. 41
'Y
City of Planning, Development & Transportation
Fort Collins Community Development and Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6601
970.224.6239- fax
fcgov.com
MEMORANDUM
Date: December 28, 2012
To: Darin Atteberry, City Manager
From: Courtney Levingston, City PlanneNr,,
Through: Karen Cumbo, Director of PDT r'
Laurie Kadrich, Director of CDN�
Regarding: Foothills Mall Incomplete Application Agreement
Action Requested: Please sign the attached agreement regarding the Foothills Mall Project
Development Plan application.
Background: On December 18, 2012, City Council approved Ordinance No. 149, 2012,
amending Division 2 of the Land Use Code to allow for the processing of applications for the
development of property not yet under the full ownership and control of the applicant/developer.
On December 28, 2012, the Community Development and Neighborhood Services (CDNS)
Department received an application for the redevelopment of the Foothills Mall. The application
received illustrates that Applicant has legal right to use and control the majority of the Project
Development Plan area.
Pursuant to the recent Article 2 amendments, in order for the CDNS Director to authorize the
processing of an incomplete application, the applicant/developer must enter into an
indemnification agreement with the City Manager related to the processing of said application.
Additionally, in this agreement, the applicant agrees to not record the Final Plan or any related
documents until they have control over the entire Project Development Plan site.