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September 28, 2004
Ms. Carol Harding
Clerk to the Board of Weld County Commissioners
P.O. Box 758
Greeley, CO 80631
Re: GWE Annexation, WCR 33 Annexations 1-4
Impact Report
Dear Ms. Harding:
Enclosed please find the Impact Report for the above annexations.
If you have any questions please do not hesitate to call me 475-1112 or email me at
jeasley@ci.evans.co.us.
Yours truly,
16X2
jfrlit -asley I
Planner I
Enclosure
2004-2952
- 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
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GWE ANNEXATION
IMPACT REPORT
September 23, 2004
The City of Evans has received a request from Wayne A. Howard for Terra Holdings,LLC,property
owner,to annex approximately 222.71 acres to the City of Evans. The proposed GWE Annexation is
located east of WCR 33 and south of the Union Pacific Railroad line. Please refer to the attached
vicinity map, Exhibit A.
This report is provided as required by Colorado Revised Statutes Section 31-12-108.5, as amended,
and contains information on the impact the proposed development may have on the current
infrastructure and financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as Exhibit B is an annexation map showing the existing Evans city limits and the proposed
GWE Annexation.
The City of Evans' water and sewer utilities do not presently extend south of the South Platte River.
However, the applicant has indicated that neither water nor sewer utilities are necessary at this time,
since the property can be adequately served by the Central Weld County Water District,on site ground
water wells and an individual sewage disposal system (septic system).
The City's transportation plan identifies WCR 33 as a two-lane collector. WCR 33 is presently an
unpaved, local street. As part of the development of this property, the property owner has agreed to
pave WCR 33 from WCR 394 to WCR 46.
Section 2 - Pre-Annexation Agreement
The property owners request a pre-annexation agreement for this annexation. A copy of the draft
agreement is attached as Exhibit C.
Section 3 - Providing Municipal Services/Infrastructure Improvements
A conceptual plan has been submitted for the subject parcel. The property owner has indicated the
property is intended for light industrial development. The current county zoning is agricultural.
The applicant has indicated that neither the City's water nor sewer utilities are necessary at this time,
since the property can be adequately served by the Central Weld County Water District,on site ground
water wells and an individual sewage disposal system.
Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure safe,
adequate facilities and improvements are installed in accordance with the City of Evans regulations.
1
The City intends to provide police services to the property by utilizing the present police capability,
which can provide adequate protection for the proposed annexation.
An on-site fire station is planned for this site. Until that time, fire protection will be provided by the
City of Evans Fire Department utilizing the existing facilities and equipment. The fire department will
review development proposals for safety standards and assist the property owner with petitioning out
of their current fire district. Automatic aid agreements will be negotiated with adjacent fire protection
districts to ensure the highest level of fire protection.
Setbacks from any oil and gas well heads,tank batteries,separators and related appurtenances on this
property must comply with current City of Evans regulations.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue, and
include revenues from property, sales and franchise taxes.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have been
notified as per C.R.S. §31-12-108.
Weld County- Board of County Commissioners, Attorney, and Planning
School District RE-1
Northern Colorado Water Conservancy District, Central Colorado Sub-District
Central Weld County Water District
LaSalle Fire District
Weld County Library District
Weld County Ambulance District
Section 6 -Local Public School District Impact
No new residential development is proposed or would be allowed under the requested light industrial
zoning. As stated in Section 5, School District RE-1 has been notified of the annexation petitions.
2
Exhibits
Exhibit A—Vicinity Map
Exhibit B—Annexation Maps/Legal Descriptions
Exhibit C—Pre-Annexation Agreement
3
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Legend egg Exhibit A e d_'p� City Limits GWE
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Project Site Annexation
Public Wo Department
GWE ANNEXATION
TO THE CITY OF EVANS
PART SW 1/4 SECTION 2 & PART NW 1/4 SECTION 11,
T. 4 N., R. 66 W., 6th P.M., WELD COUNTY, COLORADO
STATy]IENT OF OWNERSHIP AND DEDICATON We do hereby annex sold tract of land to the City of Evans. Weld County. Colorado.
Know dl men present that we, the undersigned. being dl the owners and Ienholders of the following described tract=
DESCRIPTION—GWE ANNEXATION
By. Term Hdding LLC, Wayne A. Howard, Manager
A tract of land located in the Southwest One—Quarter (SW 1/4) of Section Two (2) and Northwest One—Quarter(NW 1/4)
of Section Eleven (11), Township Four (4) North, Range Sixty-Six (68) West of the 6th Principal Meridian. Weld
County. Colorado, being more particularly described at NOTARY P(jj)()Q
Considering the south line of the Southwest One—Quarter (SW 1/4) of said Section Two (2). to bear STATE OF COLORADO)
South 893729' West and dl bearings contained herein related thereto, COUNTY OF WELD )SS
The foregoing MsWMent was acknowledged before me thisl_doy of 2004
Beginning at Center One—Quarter (C 1/4) Corner of said Section Eleven (11); thence, North 00109'20' West, by and
1322.27 feet to the Center—North One—Sixteenth (C—N 1/18) Caner of saki Section Eleven (11); thence, North Witness my hand and seal.
0099'07' West. 1322.75 feet to the North One—Quarter (N 1/4) Corner of sold Section Eleven (11); thence along the My commission rake=
east line of the Southwest One—Quarter (SW 1/4) of sold Section Two (2), North 0039'57 East 1764.72 feet to the
southerly rights—of—way of the Union Pacific Ralroad; thence along the southerly rights—of—way of the Union Poore '
RaNroad, South 89'43'03' West, 286177 feet to a point on the easterly rights—of—way line of Weld County Rood 33; Notary Public
thence leaving the southerly rights—of—way line of Union Pacific RaWroad and traversing along the easterly rights—of—way
the of Weld County Road 33, South 0092'26' East 1615.43 feet thence, South 001301' East 1326.46 feet
to the south line of the North One—Half Northwest One—Quarter (N 1/2 NW 1/4) of said Section Eleven (11); thence QTY ACCEPTANCF
along the south line of the North One—Half Northwest One—Quarter (N 1/2 NW 1/4) of said Section Eleven (11), The attached map was accepted by the City of Evans, County of Weld, State st Colorado, and the territory described made
North 89'54'30" East 1302.61 feet to the Northwest One—Sbdeenth (NW 1/16) Corner of said Section Eleven (11); a earl of the qty of Ewa, and included within the limits, Co and jurisdiction ld, thereof
thence, South 00'01'11' West, 1323.48 feet to the Center—West One—Sixteenth (C—W 1/18) Corner of said Section
Eleven (11); thence, North 89'47'53' East, 1328.05 feet to the Point of Beginning. the day of 2004.
The above described tract contains 222.71 acres, more or less, and is subject to rights—of—way and/or easements of record
or as may now exist. Mayor
Attest City Clerk m
t
Director of Public Works and Planning illTT
This plat is approved by the Public Works Department this day of
2004.
BOIL$
1. The easements and/or rights—of—way Mkh are shown hereon may not be complete and ore based director of Public Works and Planning
on general information, and are to be used only In this context. The client did not request any
rights—of—way be shown beyond those on the plot
2. NOTICE: According to Colorado law, you must commence any Ind action based upon any defect In 3415 T.5 N 'Awl W 36 Je
this survey within three yeas after you first discovered such defect In no event may any action based 3 2 T. 4 N. I
upon any defect in this urvey, be commenced more than ten years from the date of certification
shown hereon (13-80-105 C.R.S.), Mee and Associates, Inc. and/or Kenneth R. Ares ell not be liable si
for more than the cost of this survey and then only the pent specifically shown hereon or in our fie g N SURVEYOR'S CERTIFICATE
by signed authorization. Acceptance and/or use of this instrument for any purpose constitutes d
0 agreement by the client to all forme stated hereon. I, Kenneth R. Alles, a Registered Professional Land Surveyor In the State of Colorado do hereby certify
that this nap of land to be annexed to the City of Evans, Weld Canty, Colorado was prepared under ny
3. BOUNDARY CONTIGUOUS WITN CITY OF EVANS: Cl personal s pervbion, and that this nap is an accurate representation to the best of ny, knowledge and
I 2941.80 FEET 21.06% UNION PACIFIC RAILROAD
belief. I further certify that mars than one-sixth <1/6) of the exterior boundary of the proposed lands to
Z TOTAI xa,NO R TOTAL ACREAGE,.,n be annexed are contiguous to the present boundary line n of the City of Evans, Veld County, Colorado.
4.
13988.52 FEET 222.71 d: ACRES 3 2 1
I
5. FLOODPWN INFORMATION: OWE Annexation is located in Zone C. (Areas of minknd flooding). See 10 Win 45 II 12
Community-Panel Number 080266 0750 C.
'rT Kenneth R. Alles, PIS 9644
q 6. All lands within this annexation shdl become Included in the MunicipalSerb-District of the Northern * ■ _
34 Colorado Water Conservancy Defrict.
3 LOCATION MAP Date
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SHEET NO. 1 OF 2
DALE jffi REM90ra _NY Oro ALLES AND ASSOC/Alfa INC. Drawn by.Si_ Deter 09/23/04 GREAT WESTERN ETHANOL LLC OWE ANNEXATION TO THE CITY OF EVANS
424 N wee,u stab W eaed, x IEWU weer Rua Emcee sal I lW Na PART SW 1/4 SECTION 2 & PART NW 1/4 SECTION 11.
FAX ((970) Checked: KRA Appra KRA sWft AVW .PAX 323
o DD:WIaRA00 Nina T. 4 N., R. 68 W., 8TH P.M. WELD COUNTY, COLORADO
JCS NO: Terra-0404 AutoCAD: Tarro—ANNEX—EVANS I
GWE ANNEXATION
TO THE CITY OF EVANS
PART SW 1/4 SECTION 2 & PART NW 1/4 SECTION 11,
T. 4 N., R. 66 W., 6th P.M., WELD COUNTY, COLORADO
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COUNTY ROAD 33 ANNEXATIONS NO. 1 -4 TO THE CITY OF EVANS
PART SW 1/4 SECTION 2, PART SE 1/4 SECTION 3, PART N 1/2 NE 1/4 SECTION 10
PART N 1/2 NW 1/4 SECTION 11, T. 4 N., R. 66 W., 6th P.M., WELD COUNTY, COLORADO f
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DAN ICI I�� u ALESMV,u'Saa41E$ we Drawn by MI Dow 09/23i04 CITY OF EVANS caNTY Nan 33 N/EMAnan Na 1-4 TO nc ow OF EVAN
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ANNEXATION AGREEMENT
This Annexation Agreement("Agreement")is made and entered into this day of ,
2004, by and between [Great Western Ethanol—entity to be named] hereinafter referred to as
"Owner,"and the CITY OF EVANS,a municipal corporation of the Stof Colorado,hereinafter
referred to as"Evans." °``
WITNESSETH:
WHEREAS,Owner desires to annex to Evans t e more ularly described on
Exhibit A,which is attached hereto, incorporated he ,and made a part he such property is
hereafter referred to as"the Property");and terra
WHEREAS,Owner has executed a petition to rop rty,,$ated September 2,2004, 1--{Deleted:data
a copy of which petition is on file with he City Clerk; an
WHEREAS,Evans agrees to con 't a onomic Dev Action Partnership,Inc.,
upon receipt of the petition to annex the P o.e , e ee purpose expansion of the Enterprise
Zone;and
WHEREAS,E a rsuant to E s Code§330.050 to provide Owner an incentive
payment or credit o percen the amount taxes levied by Evans upon taxable personal
property at the Prope a to of en ears i ordance with the Economic Development f.--{Deleted:four
Incentive Plan described i
REAS .f'' agr- , waive sales and use taxes under Evans Code § 3.30.30 in
accordlIDce with the Ec. ._.•Ic De t, t Incentive Plan described in Exhibit C;and
AS, Owner prep. ed an Annexation Statement and Conceptual Development
Plan identify d illustrat requested zoning,proposed land use and intended development of
the property mo , ' icular = escribed on Exhibit B,which is attached hereto,incorporated herein
and made a part he
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement regarding annexation of the Property to Evans and other matters as set forth herein;and
WHEREAS,Owner acknowledges that upon annexation,the Property will be subject to all
ordinances,resolutions,and other regulations of Evans,as they may be amended from time to time;
and
WHEREAS,Owner acknowledges that the need for conveyances and dedication of certain
EXHIBIT C
property, including but not limited to property for rights-of-ways and easements, to Evans as
contemplated in this Agreement,are directly related to and generated by development intended to
occur within the Property,;and _--{Deleted:
WHEREAS,Owner agrees to construct apublic safety facility of approximately 9,600 square
feet and agrees to dedicate said facility and land of approximately 3 acres,as depicted on Exhibit D
to the City and at no cost to the City. as.
NOW, THEREFORE, IN CONSIDERATION OF T BOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH,IT A D BY AND BETWEEN
THE PARTIES AS FOLLOWS:
1. Information of Recitals. The parties firm and incorporate regoing recitals
into this Agreement as if expressly set forth here
2. Purpose. The purpose of this Agreeme t fo h the terms and d�conditions of
the annexation of the Property to Evans. Except as express vided for herein to the contrary,all
terms and conditions herein are in additi. . . all requiremen erring annexation contained in
the Evans Municipal Code,Development '<• ,. sand Comp e Plan,and the Municipal
Annexation Act of 1965,as amended,C.A., • et sue.
3. Further A ner agrees to ;, to pro 34 upon request of Evans any and all
surveys and other doc n ssary to e t the anne ation of the Property and the other
provisions of this A, ent. r agrees no . sign any other petition for annexation of the
Property or any petitro ,anne ' ion election ri'.:.ng to the Property, except upon request of
Evans. c '
r
Ann:. Do ts. Owner agrees to provide legal documents, surveys,
engi g work,news. pubh ?maps and reports determined by Evans to be necessary to
acc.m. he annexatio wner s submit to the City Manager of Evans,all documentation
necessary -termination .uali cation for economic development incentive plans.
5. ; and d Use. The parties recognize that it is the intent and desire of Owner
to develop the Prop• '• anner generally consistent with the zoning and land uses presented in
paragraph 15 below, . i at the granting of such zoning by Evans is a material consideration of the
Owner's agreement t. annex the Property to Evans. Owner shall take all action necessary to permit
zoning by Evans of the annexed Property within the time prescribed by state statute.
6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed
or other appropriate instrument of conveyance acceptable to Evans, all of Owner's right,title and
interest(subject to exceptions of record permitted by Evans), in and to the applicable property a
portion of the territory to be annexed for public open space or other public purposes as directed by
Evans, in addition to easements and rights-of-way for streets and other public ways and of other
2
public purposes, all as required by Evans' ordinances and resolutions in effect at the time of the
dedication. Owner shall have no obligation to dedicate any land for development of public
improvements for the following: public school,sewer/water treatment facilities or related facility,
power generation plant,library, _-{Deleted:,police station or fire station
7. Water and Waste Water Utilities. It is expected that Central Weld Water District will
serve Owner's property with water until Evans is able to extend a main ter line within 300 feet to
the Property. At that time, Owner will be required to tie into Evan ' ater line. Owner will
construct any water lines necessary to tie in to Evans'main to Ev dards at Owner's expense.
Any oversizing that may be required because of additional pot opment of other properties
will entitle Owner to reimbursement for oversizing, all in ordan • h the Ordinances and
policies of Evans.
It is expected that Owner will use either a c systenti r other self-co astewater
system,but at such time when the Evans' public4e stem ' mes available, ner shall be
required to connect to such sewer system within sixty( d Its private dis sal system shall
be cleaned of sludge and filled with clean bank-run-grave, dirt. Any septic tank, cesspool, sod
similar private sewer disposal facility s • abandoned.M ante of such facilities and tying
into the public sewer system shall all cordance wi ,pules and regulations and
requirements of Evans as outlined in the Ev. •s ' .1 Code.A enses in accomplishing the
purpose of this Section shall be at the expen of O
8. Water Right;# „a, . Owner's +cility,wh: constructed,will have special needs
and requirements.T e.few on-site gro • water wells for cooling water will cause Owner
to be required to&r am-T •t r c..fumed in their • operation and then return such augmented
water to the Platte River p r,e• e : tt . entati• approved by the State.Evans agrees to operate
irtOwner's au• . plan' , t eir gt i •, Owner will dedicate water sufficient for this
augmen to •. the facility constructed pursuant to the plans and specifications
subm' t to Evans pur . o thisx;1•1:.,,; °'ent. Water for plant operation for these purposes will be
der'-=. • Owner's ext- - wells. en expansion of Owner's facility occurs,Evans agrees to
continue. ion of the au. ntatidh plan as amended due to said expansion and Owner agrees to
dedicate su ' water righ or such supplementary augmentation,such expansion is expected to
occur at least o -ar after itial facility start up. An augmentation plan will be developed by
Owner and submi o - State for review and approval, Owner agrees to pay for all fees
associated with prep. - • d gaining approval of said augmentation plan. [In addition,Owner must
meet adequate fire fl. 'protection and will maintain a pond for this purpose and provide augmented
water for fire protection.—or provide a suitable alternative,e.g.foam]
9. Non potable irrigation. Owner may install a non-potable water system to
provide irrigation water to all areas described within"Exhibit A". The non-potable water system
will be an independent utility system owned,operated and maintained by Owner. If the non-potable
irrigation system is installed within public right-of-way,Evans and Owner shall enter into a separate
"irrigation right-of-way grant agreement".
3
10. Municipal Services. Evans agrees to make available to the Property all of the usual
municipal services provided by Evans,excluding domestic water and sanitary sewer,in accordance
with the ordinances and policies of Evans. The services provided by Evans include, but are not
limited to, police protection, fire protection,and storm water services. Owner acknowledges that
Evans'services do not include,as of the date of the execution of this Agreement,emergency medical
services.
11. Public Improvements. Required public impro nts shall be designed and
constructed to Evans' standards by Owner at Owner's expen further agrees to provide
financial guarantees for construction of all required improve is as h in each phase of the
development, and to dedicate to Evans any or all of�9.s l vemen equired by Evans'
ordinances. The public improvements and financial _ - antee shall be set fo e Development
Agreement between Evans and Owner. s
fi
12 Streets and Arterial Roads. On-site an. c • o ' ite streets s II be dedicated,
designed,and constructed to Evans standards. Upon app . of Evans, Owner shall dedicate all
public right-of-way improvements unde .antywith at leas -year guarantee for maintenance
to Evans. A traffic study for the prop. -lopment shwa'" completed by the Owner in
accordance with Evans'requirements. The `a • eer shall c ( 'ler future signalization and a
signal progression analysis. Owner shall be .ons• - - of a portion of the cost related
to the design and constru • of such fu ? aliza • hen it is determined that such
infrastructure is warran unty Road shall be i .roved to a Rural Local street section,
as identified in Evan ansport Plan,Marc '004,between the intersections of Weld County
Road 46 and Weld Co oad
40
13. , •e. A' ages 'a tj •:entire annexation territory will be provided by the
Owner. . ove omm by such study shall be completed at the time of completion of
each • .e of develop acili : �.sary to address drainage from outside the Property will
be - • for quantities xcess ose amounts historically discharged from the site,these
facilities .e develope. conf.' ance with the Comprehensive Drainage Study and other
Evans' regu • and ordin es.
14. Zo , and Use.
(A)C. ceptual Plan. Owner and Evans shall mutually agree upon a conceptual land
use plan,which is in accordance with Evans'Comprehensive Plan. It is Owner's intent to develop
and zone the Property in accordance with the conceptual land use plan as shown in"Exhibit B".
The conceptual plan represents
Owner agrees the design, improvement, construction, and development of the Property
described herein shall be in conformance with Evans'Design Guidelines,as those requirements exist
at the time of site plan application.
4
(B) Rezoning Process. Upon submittal of required materials, Owner's rezoning
request shall be processed concurrently with the petition for annexation. This provision does not
waive the authority of the Owner or Evans to initiate rezoning of the land in accordance with the
Charter and Ordinances of Evans. Land use is subject to the police power and legislative authority of
Evans.
15. Limitation on Fee Impositions by Evans. Evans a the Property shall be
subject to typical development fees similar to those that are impos other developments in Evans
pursuant to Evans'regulations and ordinances,and Evans agr o city development fees in
accordance with the Economic Development Incentive Agre ent as 'bed in Exhibit C.
16. Developer's Agreement. In a form pr ed by Evans,Owne vans shall enter
into a public improvements developer's agree Owns shall submit ed public
improvements developer's agreement concurreney he sus'�'j.'nal of the pre ary plan for
development of the Property. The final form of the deve < : e` ent shall be bject to mutual
agreement of the parties on the terms and conditions of the . The developer's agreement shall
be signed upon final plat approval.
17. Conformity with Laws. Ow r at the desE improvement,construction,
development, and use of the Property sha be i an with all applicable laws and
ordinances and that Owne comply wi vans' ces, resolutions and regulations
including without limi 'ances, reso ions, and gulations pertaining to annexation,
subdivision,zoning drain• utilities,ac s
to Evans' streets,and flood control.
18. No repea y • : con ned in this Agreement shall constitute or be
interpreted ja of E or.i . -solutions, or as a waiver of Evans' legislative,
govern e . or wers 'mote and protect the health,safety,and welfare of Evans and
its in ts,nor sha Agre- ,. .hibit the enactment or increase by Evans of any tax or
fee. at 400
t:.. .
19. ' connectio No right or remedy of disconnection of the Property from Evans
shall accrue fro Agree nt. Disconnection may only be obtained by express written approval
of Evans City Co a earing as provided in the Evans Municipal Code. In the event the
property or any port hereof is disconnected, Evans shall have no obligation to serve the
disconnected Property or portion thereof and this Agreement shall be void and of no further force
and effect as to such Property or portion thereof.
In the event Evans does not approve the zoning and development plan as set forth in
paragraph 14 within ninety(90) days of the completion of the annexation, then the Owner may
request disconnection and Evans agrees not to oppose disconnection unless delays are caused by
Owner.
5
20. Severability. The parties agree that if any part,term,portion,or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the
State of Colorado, the validity of the remaining parts,terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part,term,portion,or provision held to be invalid.
21. Special District Inclusion. Within thirty(30)days ;ten request by Evans,
Owner shall apply for inclusion of the Property with one or mor a cial districts serving Evans.
Owner agrees to petition out of the LaSalle Fire District and do-� evocably appoint the Fire
Chief of Evans its true and lawful agent and attorney for the`i ner . y k„ the Owner's name and
stead to sign and execute any and all petitions,document w°hting pert:, P`t to the lands herein
described which shall be necessary and appropriate t tition out of such :•,; e Fire Protection
District.
22. Future Cooperation. The parties agre ill operate wit ' one another in
accomplishing the terms, conditions, and provisions o greement, and will execute such
additional documents as necessary to e '- ate the same.
23. No Joint Venture or Partner z ' • umption o billy. Nothing contained in
this Agreement is intended to create a partn hip -nt etween Evans and Owner or
between Evans and any on- • .re of the indf!. c' owner d above,and any implication to the
contrary is hereby expr> wed. It is uerstood an, greed that this Agreement does not
provide for the joint cise by .arties of anti-ctivity,function,or service,nor does it create a
joint enterprise,no •• onsti - any party he :,• any agent of another party hereto for any
purpose whatsoever. Exc. • othe ,'e provided in this agreement,no party shall in
any way ass f the . % o A .arty for any act or obligations of the other party.
Amen ,,This -n nt may be amended only by mutual agreement of Evans
and Such amen s shal in writing, shall be recorded with the County Clerk and
Recorder ₹ Id County, rado, all be covenants running with the land,and shall be binding
upon all per 1 or entities ing an interest in the Property and/or Water Rights subject to the
amendment un erwis ecified in the amendment.
25. Entire Bement. This Agreement embodies the entire agreement of the parties.
There are no promise ,terms,conditions,or obligations other than those contained herein;and this
Agreement supersedes all previous communications,representations,or agreements,either verbal or
written between the parties.
26. Owner. As used in the Agreement,the term"Owner"shall include any of the heirs,
transferees,successors,or assigns of Owner,and all such parties shall have the right to enforce this
Agreement,and shall be subject to the terms of this Agreement,as if they were the original parties
thereto. In the event of a transfer of all or any portion of the Property,provided Evans approves such
6
transfer,such approval not to be unreasonably withheld,the transferring Owner shall be relieved of
any and all obligations under this Agreement that arise after the date of such transfer with respect to
the transferred Property.
27. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein,any reference to any provision of any Evans'ordinance,resolution,regulation,or
policy is intended to refer to any subsequent amendments or revisions to; ch ordinance,resolution,
regulation, or policy, and the parties agree such amendments or re 'v . .shall be binding upon
Owner.
28. Binding Effect This Agreement shall be bin. upon Y` lure to the benefit of all
the heirs,transferees,successors,and assigns hereof,an c stitute c.= -s. is running with the
land. This Agreement shall be recorded with the ty C erk and Reco ` .f Weld County,
Colorado,at Owner's expense. Subject to the con s prec ent herein,this .ta _ .v ent may be
enforced in any court of competent jurisdiction.
29. Failure to Annex. This Agreement shall b and void if Evans fails to approve
the annexation of the Property.
30. Breach by Owner;Evans'
(A) In the event of a default o ,re.c , 2¢"- a ne any term,condition,covenant,
or obligation under this A ent, Evans m e actin .A it deems necessary to protect the
public health,safety,an• • protect lot . ers and builders,and to protect the citizens of the
city from hardship. • .s'reme, include: _
(i) . issue the Owner any development permit,building
. it,o . of occupancy. This remedy shall not affect sales
t. fide purc asers nor be applied to bona fide purchasers;
(ii) dem that the security given for the completion of the public
pro ments be paid or honored;
(iii) he refusal to consider further development plans within the
Property;and/or
rv) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of Evans or its
residents,Evans shall provide the Owner twenty(20)days prior written notice of its intent to take
any action under this Paragraph during which twenty-day period the Owner may cure the breach
described in said notice and prevent further action by Evans.
(B) Breach by Evans. Parties agree that in the event of a breach by Evans,Owner
7
will have the right to seek all remedies provided by law.
(C) Attorney's Fees. If any party breaches this Agreement,the breaching party
shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of
the terms and conditions of this Agreement.
31. General Provisions. Evans shall:
(A) Cause its staff to timely and promptly appro . disapprove written submittal
by Owner of any plans, specifications, drawings, details •*,„'‘t" :-rtinent data required in
connection with any water line, sanitary sewer line, storm L. mage = her utility serving the
Property or any improvements within any dedicated right> 23,a'�on the P • . Any disapproval
shall set forth the items disapproved together with th>$asons for such disa• al.
(B) Use its best efforts sec at 0 , er's expense,' .ow] ction and
maintenance agreements from governmental or .�v: titles i s„. der to allow O =r r to fulfill its
obligations under this Agreement and to proceed with • - . •`en.f the prope
(C) Cooperate with Owner with any -. ,�, applications, approvals, or other
administrative procedures with govern entities other th:f, ans,which is necessary to allow
Owner to fulfill its obligations under this • -it and to deve .. . *property in atimely manner.
(D) Provide police and o. -r •.1 services t `eProperty to the same extent
as those services are provided by Evans thro • out t• . .f tans,pursuant to Evans'uniform
applied policies.
(E) t5 � , ably withh. • its cons: t or approval when any consent or
approval is required
Owner shall noti eK'•.•. ents a'. the name of the assignee(s). Upon the sale or
other transf-- •.rtion Pro.I ansfer of such portion shall be released from all
liability . . o. lg. •der "'Jr,. a eement relating to such portion and all such liabilities and
oblig. s shall be as . • by th ,*., ,ree(unless transferee is a member of the home buying
pu. . •vernmental e
Noth •ntained in Agreement shall constitute or be interpreted as a repeal of existing
codes,ordinanc• as a w. er of Evans' legislative,governmental or police powers to promote
and protect the h , and general welfare of Evans or its inhabitants; nor shall this
agreement prohibit th. .ctment by Evans of any fee which is of uniform or general application.
It is understood and agreed by the parties hereto,that if any part,term or provision of this
Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain that
particular part,term,or provision held to be invalid. This Agreement may be enforced in any court
of competent jurisdiction.
8
32. Notice. All notices required under this Agreement shall be in writing and shall be
hand delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be
considered effective seventy-two(72)hours after deposit in the United States mail with the proper
address as set forth below. Either Party by notice so given may change address to which future
notices shall be sent.
Notice to Evans: City of Evans Not' O er:Mic onkel
Attn:City Manager 27502 0
1100 3r Street Kersey,C 44
Evans,CO 80620 ,,�;'' ', '"4,
a,4::.
With copy to: It.Russell Anson,City Attorney Ira'' Robert J.Vince
P.O.Box 336155 Greenberg Traurig,LLP
Greeley,CO 80633 1200 17th Street,Suite 2400
Denver,CO 80202
33. Election. Owner agrees tha is v. enteri into this Agreement. Owner
represents and submits that to the extent an e do• 'o ired pursuant to C.R.S. §31-12-
112,as amended,to appr. fii ...nexation or , pose to . d conditions upon the Property to
be annexed,Owner o t 1 .- t of the Prop ,excluding public streets and alleys,and would
vote to approve the; •ti.n an c Il terms and • di ions as set forth herein. Thus,any election
would necessarily resul of the electo approval to the annexation and the terms and
conditions.
. Legis • t iscr-r i; The Owner acknowledges that the annexation and zoning of
the ' are subject t. IegisL tscretion of the City Council of Evans. No assurances of
annexat . oning,or spec se pe it approval have been made or relied upon by the Owner. In
the event t'. ' the exercis= its legislative discretion,any action with respect to the annexation,
zoning or sp- se appr. .I for the Property, as contemplated herein and in the proposed
Conceptual Dev- .ent P . for the Property, is not taken or if once taken and Owner is in full
compliance with su ation,zoning or special use approvals,is not maintained then the Owner
may withdraw the pet .n for annexation and seek disconnection from Evans in accordance with
state law,as may be appropriate and Evans agrees not to oppose.
35. No Third Party Rights. This Agreement is made solely for the benefit of the parties
hereto,and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
36. Governing Law. The laws of the State of Colorado shall govern the validity,
9
I
performance,and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County,Colorado.
37. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience only.
38. No Warranties by the Evans. Evans is entering into ' ent in good faith and
with the present intention,on the part of the present City Council the parties will comply with
the terms of this Agreement. However, because some of th o s of this Agreement may
involve areas of legal uncertainty,Evans makes no representa as to lidity or enforceability
of this Agreement and no such warranty is made on the g„ b+,f vans.
39. Non-conforming Use. In the eve . j. ner's z.+�ing and deve Ian is not
advanced with reasonable diligence,Evans agree`to .• e the e a 'ng non-confo g agricultural
use to continue until such time as the property is rezonet . at Arrester level an at its current
level of activity and use.
40. Attorney's Fees. If any P. ,es this Agree •- t.,- breaching party shall pay
the non-breaching party's reasonable costs 's fees inc. d in the enforcement of the
terms and conditions of this Agreement. In - 'et..n,corporation,special district,
municipal or county gove • . or any other • asserts aim against the City,its officials,
or employees pursuant • ons of the ,rado Mu ipal Annexation Act,C.R.S.,Section
31-12-101,et seq.,t. Owner a!,. . to reimbur the City for all reasonable costs and attorney's
fees incurred by th •efen- if such claims - er or not such defense is successful. The
City shall,at all times,ha, 1 .- defen of the City in such matters and nothing herein
shall be co .requir. City . y position which is inappropriate, in the sole
judgme .., ie T City.. gia wners/Developers shall confer with each other concerning the
defens ' d/or settlem' any s. n.
4 #,Cost Reimb nt . City. Developer shall reimburse City for outside professional
consultants as enginee ,testing companies, and attorneys necessitated by processing and
completion of t velop t.
Or
ATTEST: CITY OF EVANS,COLORADO,
A MUNICIPAL CORPORATION
By: By:
City Clerk Mayor
LANDOWNER ACKNOWLEDGMENT
10
I
By: STATE OF COLORADO )
)ss.
COUNTY OF
By:
The above and foregoing signature of ,on behalf of
,was subscribed under oa ore me on this day of
,2004.
WITNESS my hand and official seal.
LANDOWNER i O DGMENT 1t
By: E OF COLORADO )
)ss.
CO OF
By:
The above and •nature of on behalf of
,was subscibed under oath before me on this day of
1,00
WI t hand • -icia -
4 _,.
11
11
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)ss.
COUN
The above and foregoing signature of on behalf of
,was subscribed I before n this day of
,2004.
WITNESS my hand and official seal.
.01
f Y
12
EXHIBIT A
..egal Description --{Deleted:Non-potable Irrigation Area
• --{Formatted:Left
The North'/2ofthe3NW''A,and the SE '/aof the NW''AofSec .n 11,Township 4
North,Range 66 West of the 6th P.M.,County of Weld and State of. » a'S>r O. --{Formatted:Superscript
'"
The SW'VI of Section 2,Township 4 North,Range 66,"°x s 'fir a 6P.M., lying South___ _-{Fomratted:Superscript
of the Right-of-Way of the Union Pacific Railroad,Coun o' eld, of Colorado.
w..
h 'h rr
13
EXHIBIT B
Annexation Statement and Ci.3. Develo t
a
14
•
EXHIBIT C
AGREEMENT CONCERNING AN ECONOMIC !?LjC
ENT IN E PLAN FOR
THE GREAT WESTER OJECT
hn
WHEREAS,in the year 1990, - City Council ofth AR of Evans established an economic
development incentive plan to encoura. •- location of ne sinesses and the expansion of
•existing businesses within the City,thereb g the genes: ... ic well being of the City,
providing the foundation of the tax base re. re. .revision . City services,and the direct
general public welfare by benefiting every bli ctor through the generation of
employment opportunitiek ?y< .e attendant i e of dis ..ble income,and
WHEREAS, ' an eco.. 3 ic develop t incentive plan is governed by Chapter 3.30 of
the Evans Munici. "`M and wf.y n the guideli . C.R.S. 31-15-903,and
44,
WHEREAS,???. a 9 . " - . orad. .???????corporation,has requested that it be
permitted to of the 14 men 1. -..'- +"nomic incentives,and the City Council of the City
of Evansifis agree. chat ct is appropriate for receipt of such incentives,and
4011,
NOW,T FORE,the p es agrde as follows:
C MIC DEVELOPMENT INCENTIVE PLAN
1. ????? ,hereinafter referred to as"Developer",agrees to employ a minimum often
(10)full-time or full-time equivalent employees during the first six months of business operations,
beginning ???, 2005. Developer has represented to the City of Evans, hereinafter referred to as
"City",that it expects to employ at least ten(10) new such employees. The City agrees to waive
development fees in the maximum amount of Twenty-six Thousand Eight Hundred Dollars
($26,800.00) of the actual fees for building and electrical permit/plan review (estimated to be
$107,201.50).
2. Developer must be able to demonstrate that on the date of opening and during the six-
15
month period following the date of opening that it has maintained the required level of employment
for the entire six-month period. If the required employment level is not maintained,then in that
event, Developer must reimburse the city for the appropriate amount of waived fees. If the
employment level is less than ten (10), all waived fees shall be reimbursed to the City.
Reimbursement shall be made to the city within thirty(30)days following the six month audit of
employment level.Developer,by signing this agreement,grants the City access to its employment
records to verify the requirements expressed herein.
3. Concerning Developer's requested waiver of sales use es on construction
materials,fixed equipment,and machinery installation pursuant t ipal Code Section 3.30.030,
City agrees to waive a maximum of the sales and use tax ula the building permit of
$120,000.00. In addition, City agrees to reimburse Dev p withi ays of receipt, up to
$300,000.00 of the use tax due and payable on the es ,000,00 . f equipment to be
installed in the facility. At City's sole option,the Ci ay audit Developer's s to verify final
payment cost of the project. Developer, by si 's agree nt, grants the cess to its
records to verify such costs. In the event that Develo ils t the qualific ns of Section
3.30.030,City shall be reimbursed for all waived taxes.
4. Concerning Developer's' ested reimburse of personal property taxes on the
new construction of the facility, pursu nicipal Code '0 3.30.050, City agrees to
reimburse a maximum of 50%of the amou o a vied by the upon the personal property
directly attributable to such new construc n of $‘thi, an used in connection with the
operation of such new facili. .r the current p<.. y tax y�� e term of this provision shall not
Iexceed ears. ___ $ ' a' Deleted:f°°`en
5. In t t that . eloper does .t meet the qualifications or requirements for
waived fees or taxes o to t City access 'its records to verify such qualifications or
requirements, Developer ,.. able waived fees and taxes within 30 days of
notice by t j4Aff,f ph de . Failur- . eloper to pay all such sums within such 30 days
shall en City to b ivil to collect the same,and in that event Developer shall be liable
to C all costs of c ' 'on an able attorney fees.
S. This Agree may '.t be assigned by Developer except by prior written approval
of City. An ignment ex t as permitted by City shall be void and not binding upon the City.
No third party be entitl to rely upon or enforce any provision of this Agreement.
7. Thi e m nt shall be effective only upon approval by the City Council of the City
of Evans,which appro shall be given at a regular City Council meeting,and subsequent signature
by the Mayor and Devloper. Prior to approval and execution as specified herein,no obligation shall
be considered to be undertaken by either party thereto.
8. This Agreement constitutes the full and entire agreement between the parties. All
negotiations and discussions relating hereto are deemed merged into, and superseded by, this
executed Agreement.
9. The parties acknowledge that the terms and conditions of this Agreement do not
constitute any reduction in the amount of tax levied by the City against the subject property, and
16
further that the terms and conditions of this Agreement do not constitute any change in tax policy by
the City of Evans. Any and all taxes which would normally be paid by the subject property shall
continue to be paid to the City of Evans. The terms and conditions of this Agreement are made
solely as an inducement to economic development activity on the subject property and are not
intended to serve as an amendment to any provisions of the City,State,or Federal codes and laws
which would otherwise apply to the property or to use of the subject property.
10. All notices required to be mailed to Developer shall „{railed at the following
address:
Michael Konkel
27502 WCR 40 "
Kersey,CO 80644
All notices required to be mailed to CI II ed at the fol ing address:
Attn: City Manager
City of Evans
1100 37th Street s
Evans,CO 80620
'C "
DONE AND DATED day of ,2004.
DEVELO •
By:
17
I
CITY: City of Evans,a Home Rule
Municipality Al 1 hST:
By By )taI
Mayor City \
y .
APPROVED AS TO FORM: AP R AS UBSTANCE
By :y
City Attorney 's Manager
dioc
18
Exhibit D •- --{Formatted:Centered
General Location of Land to be De.' . e. e Ci
t,.
Draft versio . .
19
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