HomeMy WebLinkAbout20010543.tiff 7050 Loma Linda Ct.
Longmont CO 80504
303 833 2992
February 7, 2001
To: Board of Weld County Commissioners:
Subject: Resolution of potential planning conflicts in the MUD district
Dear Commissioners:
There is a situation developing in a part of the MUD district of Weld County that
might be of interest to the Board.
Longmont city government is considering expanding its planning area into Weld
County between WCR 1 on the west, Boulder Creek on the east; and between State
Highway 119 on the north, to one half section south of WCR 20 '/2 on the south. It is to
be called the Sandstone Neighborhood Planning Area [SNPA]. The proposed uses and
zoning for the SNPA are in conflict with those designated in the MUD Plan! However,
despite these conflicts with the Weld County plan, there is nothing to prevent the City to
establish such a planning area, annex land [on being petitioned] and approve zoning
according to its plan for the area. The City of Longmont and Boulder County have an
intergovernmental agreement [IGA][copy enclosed] to plan and regulate land uses in the
best interest of both parties and their citizens.
At the same time, Longmont government has established as a"Council Direction-
to pursue a TDR program with Weld County". This would be similar to the
intergovernmental agreement [IGA] the City has in effect with Boulder County [copy
enclosed] wheren transferred development right procedures have been established, and
land sending and receiving areas have been designated. These TDR [Transferred
Development Rights] land areas lie outside, but contiguous to Longmont's Planning Area
in unincorporated Boulder County. TDR certificates [banking] from sending areas can be
originated from [I]non urban PUDs where permitted densities have not been used,
[2]conservation easements or [3]land purchased by the County or City for land
preservation purposes. Of course, it is recognized that the situation is different for such an
agreement to be reached with Weld County. Weld government has been less aggressive
than Boulder County and Longmont, and funding been lacking, for land acquisition for
preservation purposes. Secondly, the MUD ordinance does not have provisions of land
preservation zoning in the MUD district per se;only a generic `lowest intensity uses'.
As stated above, if Longmont city government does establish the SNPA, inevitably there
will be conflicts with zoning densities and uses not coinciding with those designated in
the MUD district by Weld County. In the face of this potential situation, if Weld and
Longmont governments were to negotiate an IGA there would be several benefits, not
limited to: [1] coordination of zoning in the SNPA or whatever more extensive area was
included in an IGA, and [2] through purchases of TDRs in receiving areas, funding would
be available for land preservation in TDR sending areas. Landowners throughout the IGA
area would thus be benefited by making their land more valuable through greater
permitted density in receiving areas or being recompensed for preservation of their land
in the sending areas. As an example, land south of St. Vrain Creek in the proposed
SNPA, which might be designated a TDR sending area, could transfer its development
C n rrf ajeJldQi
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2001-0543
rights to land around, say, the Union Reservoir, as a receiving area, where there has been
interest in developing land.
The third player in this situation, that has to be considered, is Boulder County
government. This relates to the restrictions it has put on the Left Hand Water District for
providing water tapsl, under HBI041, in the one mile "buffer" between SHs 52 and 119
for one mile east of WCR I until Weld County institutes a planning for the area
acceptable to Boulder County government. This impasse would have to be addressed
unless an agreement for use of Longmont water in the SNPA could be negotiated.
In the interests of the Weld citizens in the subject area, and in general, The Board
might want to start a dialogue with Longmont officials to reconcile any differences in
planning concepts in the subject, in order to promote harmonious, well planned
development of the SNPA and, in general, lands between the City of Longmont and the
De amino area inter�st ty I-25.
Olin S`"Folsorrf L� t>n c:
CC: Bruce Barker, Monica Daniels Mika,Leona Stoecker, Tom McCoy, Froda
Greenberg
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Appendix B LONGMONT PLANNING AREA COMPREHENSIVE DEVELOPMENT PLAN
INTERGOVERNMENTAL AGREEMENT
This intergovernmental Agreement by and between the city of Longmont, a Colorado home rule
municipal corporation(Longmont),and the County of Boulder,a body politic and corporate of the State
of Colorado(Boulder County);(collectively the "Parties")is made to be effective on the 19th day of
June, 1997.
WITNESSETH:
WHEREAS, §29-20-101 et seq., CRS as amended, enables the Parties to enter into Intergovernmental
Agreements to plan for and regulate land uses,in order to minimize the negative impacts on the
surrounding areas and protect the environment, and specifically authorizes local(i.e., City and County)
governments to cooperate and contract with each other for the purpose of planning and regulating the
development of land by means of a "comprehensive development plan";and
WHEREAS,in order to ensure that the unique and individual character of Longmont and of the rural
area within Boulder County outside the Longmont Planning Area(hereinafter"the LPA") are preserved,
the Parties believe that a comprehensive development plan which recognizes the area of potential
urbanization within the LPA which would not be interrupted by Boulder County open space,
accompanied by a commitment by Longmont for the preservation of the rural character of lands
surrounding the LPA within Boulder County,is in the best interest of the citizens of each of the Parties;
and
WHEREAS,the Parties find that the acquisition of open space by Boulder County within the LPA does
not serve the public interest in that Longmont's plan for infrastructure and other services to the LPA
should occur without unanticipated interruptions brought by open space purchases within the LPA;and
WHEREAS,the Parties find that providing for the area outside the LPA within Boulder County to
remain as rural in character through the term of this Agreement for the purpose of preserving a
community buffer serves the economic and civic interest of their citizens and meets the goals of the
Boulder County Comprehensive Plan;and
WHEREAS, with respect to the annexation provisions herein, the City of Longmont declares that the
area outside the LPA within Boulder County is not appropriate for urban development, unless certain
criteria are met, during the tam of this Agreement;and
WHEREAS,consistent with the municipal annexation, utility service,and land use laws of the State of
Colorado,this Agreement,including specifically the annexation and open space portions hereof, is
intended to encourage the natural and well-ordered future development of each Party;to promote
planned and orderly growth in the affected areas;to distribute fairly and equitably the costs of
government services among those persons who benefit therefrom;to extend government services and
facilities to the affected areas in a logical fashion;to simplify providing utility services to the affected
areas;to simplify the governmental structure of the affected areas;to reduce and avoid,where possible,
friction between the Parties; and to promote the economic viability of the Parties;and
WHEREAS,the functions described in this Agreement are lawfully authorized to each of the Parties
which perform such functions hereunder,as provided in article 20 of title 29;part 1 of article 28 of title
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30;part 1 of article 12 of title 31;and parts 2 and 3 of article 23 of title 31;CRS,as amended; and
WHEREAS, §29-1-201,et seq.,CRS,as amended,authorizes the Parties to cooperate and contract with
one another with respect to functions lawfully authorized to each of the Parties and the people of the
State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado
Constitution, Article XIV, § 18(2); and
WHEREAS,the Parties have each held hearings after proper public notice far the consideration of
entering into this Agreement and the adoption of a comprehensive development plan for the subject lands,
hereinafter rehired to as the"Plan Area",as shown on the map attached hereto as Exhibit A;and
WHEREAS,the Parties desire to enter into this Intergovernmental Agreement in order to plan for the use
of the lands within the Plan Area through joint adoption of a mutually binding and enforceable
comprehensive development plan.
NOW,THEREFORE, in consideration of the above and the mutual covenants and commitments made
herein,the Parties agree as follows:
1. LONGMONT PLANNING AREA(LPA)COMPREHENSIVE DEVELOPMENT PLAN.
This Agreement,including the Map attached hereto as Exhibit A,is adopted by the Parties as the
Longmont Planning Area(LPA)Comprehensive Development Plan(the"Plan")governing the Plan Area.
The "Plan Area" is hereby defined as the unincorporated area of Boulder County outside the Longmont
Planning Area as shown on Exhibit A,or as subsequently amended hi accordance with this Agreement.
2. ANNEXATION PROVISIONS.
(a)Longmont agrees that it will disclose to Boulder County any and all instances in which they receive an
application for annexation of land outside the LPA within Boulder County.Further,Longmont commits
that it is not currently pursuing any annexations within the Rural Preservation Area. Also,Boulder
County commits that it will not actively pursue open space acquisitions in the LPA not currently
designated as open space.
(b)The area outside the LPA is intended to remain in Boulder County's regulatory jurisdiction for the
term of this Agreement,unless changed by mutual agreement of the Parties. Further,the City Council of
the City of Longmont,by authorizing the execution of this Agreement,finds and determines that there is
no community of interest between said area and the City for the term of this Agreement,and the City will
annex lands outside the LPA within Boulder County only pursuant to mutual agreement of the Parties.
(c)The City agrees that,during the term of this Agreement,it will expand the LPA within Boulder
County only pursuant to mutual agreement of the Parties. Expansion would include only properties
adjacent to the then existing IPA boundary,and would not be comprised of flagpoles to nonadjacent
properties. The City and Boulder County agree to the following set of criteria by which proposals for
expansion of the LPA will be allowed by the City Council and the Board of County Commissioners.
(1)Transfer of Development Rights-(TDR)receiving sites, in accordance with the Longmont TDR
MA,and TDR sending sites in accordance with the map attached thereto.
(2)Major Industrial User-if land inside LPA does not meet the needs of the development. The developer
must demonstrate that factors other than land price preclude building within the LPA.
(3)Changes in the rural character of land(e.g.,existing unincorporated residential subdivisions)outside
the LPA that would be better saved by the urban structure of Longmont(e.g.,creation of significant
institutional uses or the presence of existing residential subdivisions on swotmding unincorporated area
properties).
(4)Enclaves of more than one home site per five(5)acres and which result from annexation that has left
county property an island surrounded by Longmont, and where the provision of infrastructure from the
City of Longmont would be more beneficial to property owners.
(d)Longmont Piamring Area: The Map portion of this Plan identifies areas encompassing the LPA, which
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are currently located within unincorporated Boulder County but which may in the future and possibly
during the term of this Agreement, be annexed to the City of Longmont. By authorizing the execution of
this Agreement,Boulder County finds and declares that a community of interest in the area designated as
the LPA on Exhibit A of this Plan,which is attached hereto and incorporated herein,exists with the City
of Longmont.
(e)Any property located within the current municipal limits of Longmont, and any property which
hereafter annexes to Longmont in accordance with the provisions of this Agreement, which subsequently
is disconnected from the municipality, shall thereafter,for purposes of this Agreement, continue to be
within the LPA unless excluded by action of the City.
3. OPEN SPACE.
(a)Any of the lands shown on the attached Exhibit A of the Plan outside the LPA may be acquired as
open space by either of the Parties.
(b)Boulder County agrees that,for the term of this Agreement, it will not purchase any of the lands
within the LPA for open space purposes, excepting only those lands which are designated "open space"
on the Longmont Area Comprehensive Plan or otherwise changed to open space pursuant to an LACP
amendment, and excepting those lands which are currently under contract or for which a letter of intent
has been sent to the owner and which have been refer'ed to the City of Longmont. Nothing in this section
is intended to affect the continued ownership and maintenance of open space lands within the LPA wlrich
Boulder County currently owns or which are currently under contract with Boulder County or for which
a letter of intent has been sent to the owner, and which have been referred to the City for comment.
(c)For lands within the LPA upon which Boulder County currently owns a conservation easement
(identified on Exhibit A),Longmont agrees that it will annex said land only after release of the
conservation easement thereon by Boulder County(except for those easements which automatically
terminate upon annexation by any municipality)and will thereafter approve development of said land only
in accordance with the provisions for TDR receiving and sending sites in the Longmont TDR
Comprehensive Development Plan Intergovernmental Agreement(hereinafter"TDR Agreement")
previously executed by these Parties. Upon expiration of said TDR Agreement and for the term of this
Agreement,these lands will continue to be governed by the provisions of the TDR Agreement, said
provisions being incorporated into this Agreement as if fully set forth herein. It is the intent of the Parties
that this Agreement, and to the extent cross-referenced herein the Longmont TDR IGA,be and is the sole
mutually adopted comprehensive plan related to these lands. However, nothing herein shall be construed
to rescind Longmont's adoption and application of its comprehensive plans)to these lands.
(d)In the event Boulder County purchases 40 acres of John M. Keyes Trust farm, located within the
LPA,Boulder County agrees it will provide Longmont the right-of-way necessary for the extension of
Pike Road across said parcel upon such terms and conditions as are mutually agreed, including at least
120 foot width for an arterial street, and located as shown on the Longmont Comprehensive Plan,unless
otherwise mutually agreed. Boulder County father agrees to allow Longmont to construct,operate,and
maintain a trail under its St. Vrain River Greenways program,across the Keyes parcel through which the
St. Vrain River runs.
4. CITY OF LONGMONT UTILITIES AND ARTERIAL HIGHWAYS.
It will be necessary for the City to seek additional water supplies,water storage, and water and sewer
transportation and treatment facilities, both within and without the Plan Area. The areas designated in the
Map portion of Exhibit A as the LPA shall be deemed to be the City's"Service Area" for all purposes,
including,but not limited to,Boulder County's Regulations of Areas and Activities of State Interest in
Article 8 of the Boulder County Land Use Code. To the extent such supplies and facilities are necessary
to serve development within the LPA which is consistent with the provisions of this Agreement,the
County agrees to use its best efforts in good faith to take action under any permitting requirements
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witho delcomprehensive development plan.
To applications
io°s for such permits as being in
To this County conformance with this
e this end,the Areas nt agrees that the City,inpermits under the provisions of the
Rty> applying for such
not beActivities of State Interest in Article 8 of the Boulder
shall inot be required
to(d).$ Cc, mxcomp�&with(2X the
eE�dt�Sectiori provisions
S i f said aiR�lation:Land Use Code,
and applicable to salutary sewerage facilities. Section 8-511(BX6)shall (Bx4) shall only be
ty
operation
pera anus Plan,of facilities within areas designated on Maps 2, 3 &4of thBoulder location,
construction
operation of such
an,and with respect to other areas shall be limited in its application to construction and
shall be limited to a amities. The application of Section 8-511(BX6)concerning archeological resources
impacted by the determination whether archaeologically-sigmficarn resources will be
Section a 8-511(6)y teproposed
project,and if so,provide for mitigation of those impacts, application of
concerning geologic hazards shall be limited to resolution of floodplain issues. The
remaining portions of Section 8-511 shall only be applicable to the direct, site
preoBoul. The
e County through the Board of County Commissioners finds, specific, impacts dict 8-504 of
County Land Use Code,that this inter- o pursuanto Section lieu 8 of ie review
of permit applications under thosegovernmental 8, S e ttio! the shall serve in review
which are limited herein,to the regulationsex of Article 8, Section 5 of County Land Use Code
existing facilities that are requiredt aimaiantteenance or such otherwise
Section ed 07by shall exemptall upgrades to
regulations, replacing old ated federal, state, or County
including requited by
provided the improvements do not expand levels of equipment,design or at , new equipment,
further
u then that
Countyat the upgrade does not alter the location of existing beyond
and provided
Boulder
ulde e agrees the o exempt
Longmont from the Regulations of Areas and Activities of State
Interest e regulations in l 8 ogoverning arterial
County Land Use Code,if Boulder County passes amendments to
to: highways and interchanges. Specifically, this exemption shall apply
(a)the site section and construction of arterial highways and interchanges by Longmont
which are designated on the Longmont a date theof hLPA,
is
Agreement;and Comprehensive Plan as adopted as of the effective of this
(b)areas around arterial highway interchanges(as those areas are defined
which interchanges are designated on the Lon in the pled as ss of the the ti date es
this Agreement Longmont Comprehensive Plan, �Count of
5. IMPLEMENTATION PROCEDURES.
A plan n amendment,
nt' agreed to city and County must occur in order to annex, allow any use or
acquire for open space any parcel within the Plan Area
development, or acquisition does not comply with the Platt where such annexation, use or
The Parties each agree to undertake all steps to adopt procedures,plans, and ordinances or other
regulations as may be necessary to implement and enforce the provisions of liciP� The Parties agree
that, in adopting such procedures,plans, policies, ordinances or
sufficient advance notice of such action as will enable such Party, Witsdregulations, each will comment ve upon other Party
planned actions of that Party. Wit so desires,to the
6. REFERRALS.
(a))Any application for annexation or development on any parcel outside the LPA, and/or any proposal
acquisition of
ofo�space within the LPA, shall be referred in writing to the other Party, and no action
shall betaken
thereonconcerning the proposal's conformity to by the referring Party until the receiving Party has had the opportunity
comments existing state this
local�other land use concerns, �to�respond
regulations regarding the processing of the application.
Appendix A
Appendix A
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF LONGMONT AND
COUNTY OF BOULDER
CONCERNING TRANSFERRED DEVELOPMENT RIGHTS
THIS AGREEMENT is entered into by and between the City of Longmont(City),a municipal corporation,
and the County of Boulder(Boulder County),a body politic and corporate of the State of Colorado,to be effective
as of the 5th day of February, 1996, (Effective Dare).
RECITALS
A. Local governments are encouraged and authorized to cooperate or contract with other units of government,
pursuant to CRS § 29-2(}-105, for the purpose of planning or regulating the development of land; and
B. Section 29-1-201,et seq..CRS,as amended,authorizes the City and Boulder County to cooperate and
contract with one another with respect to functions lawfully authorized to each other,and the people of the State
of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution,
Article XIV, § 18(2); and
C. Pursuant to CRS § 31-23-202,and Article XX of the Colorado Constitution,the City Council of the City
of Longmont has adopted the Longmont Area Comprehensive Plan,which provides goals and policies to plan for
the orderly growth of the City of Longmont and
D. By identifying sending and receiving sites for transferred development rights,the City and Boulder County
are cooperating with respect to managing orderly growth; and
E. Requiring sending and receiving sites for transferred development rights implements the goals and policies
of the Longmont Area Comprehensive Plan to make provision for public improvements in a manner appropriate
for a modern,efficiently functioning city,and to ensure that new development does not negatively impact the provision
of municipal services; and
F. This Agreement augments Boulder County's nonurban planned unit development (NUPUD) program,
and transferred developments rights planned unit deveioprner{t.(TDR/PUD) program; and
G. Providing for sending and receiving sites for transferred development rights is reasonable and necessary
to protect, enhance, and preserve the public health, safety, and welfare of the City's citizens and the citizens of
Boulder County; and
H. The City and Boulder County have held hearings, after proper public notice, for the consideration of
entering into this Agreement.
IN CONSIDERATION of the objectives and policies expressed in the recitals and the mutual promises contained
in this Agreement. the City and Boulder County agree as follows:
1 Definitions
As used in this Agreement, the following terms shall have the meanings stated below:
1.1 "Development"shall mean construction or establishment of a Structure,panting area,or surfaced vehicular
roadway (except expansion of existing roads), or establishment of a new land use.
L2 -LPA"shall mean the Longmont Planning Area.as it currently exists,together with any additional portions
of the LPA as are jointly approved by the City and Boulder County.
1.3 "Parties" shall mean the City and Boulder County collectively.
1.4 "Structure"shall mean anything built or constructed above or below the ground including,but not limited
to_ an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together
in some definite manner,but excluding fences, retaining walls under 6 feet in height,and above ground or buried
utility lines and related appurtenances.
,mot 11.95 578-2
fhr,,,,,,..a .l
1.5 "TDR Area"shall mean all real property designated as a tnarsfared development right sending site or
transferred development right receiving site in Exhibit A.
1.6 "TDR Receiving Sites"shall meal the transferred development rights receiving site designations in the
TDR Area,attached as Exhibit A,and any receiving site jointly approved by die City and Boulder County that
is within or contiguous to the LPA.
1.7 "1DR Sending Sites"shall mean the transferred development rights sending site designations in the TDR
Area, attached as Exhibit A.
2 Controlling Regulations
2.1 Pvcrpt as stated herein, no party shall agree with any landowner,or otter person or entity,to allow
Development on the TDR Spading Sees or the 1DR Receiving Sites which dies not comply with this Agreement
Boulder County agrees that appoint of any proposed Development on the TDR Receiving Sites within or contiguous
to the LPA shall be subject to review and approval by the City.
2.2 The City and Boulder County agree to adopt their own procedures,plans,policies,ordinances,or other
regulatonstoimplemrntande rcetheprovisionso(thisAgreement,andtogivetheot er party notice to comment
on the mama.
23 This Agreement shall notrestict the Qty's authority to annex property,artegulate the use and Development
on any annexed propetty or other property within itboundaries,according to Colorado law.the Longmont Municipal
Charter, and Longmont Municipal Code, as amended from time to time.
2.4 This Agreement shalt not restrict Boulder County's ability, under its regulations, to approve receiving
sites outside die LPA,and to approve Development on receiving sites aside and not contiguous to the LPA.
3 TDR Semdiog Sits
3.1 The Parties agree that all land within the TDR Sending Sites tail be eligible to participate in Boulder
County's transferred development rights planned unit development lxogran.
4 TDR Reviving Sites
4.1 The Patties agree dim all land within the TDR Receiving Sites stall be eligible to participate in Boulder
County's transferred development rights planned unit development program.
42 Upon confirmation by Boulder County that the land is within the TDR Sending Sites,and after Boulda
County's issuance and recordation of its certificate(s)of development rights,according to its regulations,Boulder
County and the City may jointly approve the location of Developmentrepneseantedby die catiftate(s)of development
rights upon land within the TDR Receiving Sites located within or contiguous to the LPA.
43 Boulder County and the City, either individually or collectively, upon acquisition of cettifica (s) of
development rights from lad within the TDR Sending Sites,shall have the right to maieet those rights to others
who may seek Development within the TDR Receiving Sites.
S Conservation Easements in the TDR Area
5.1 Within the TDR Area,Boulder County shall obtain conservation easements for continued agricultural
production or preservation of the land's identified environmental resoua values on land in the TDR Sending Sites
that participates in the Boulder County translated development rights planned unit development ptogran, and
shall requite the easements to be grained to Boulder County and the City jointly.
52 Within the LPA,Boulder County shall obtain conservation easements on land participating in the Boulder
County transfer devebpme t rights planned twit development program,and shall require the easements to be granted
to Boulder County and the City jointly.The conservation easements shall require that such lands remain open,
bat may provide for other recreational uses beyond those permitted under paragraph 5.1 above,as may be agreed
by Boulder County and the City at the time such easements are granted.Upon the annexation by the City of any
land within the LPA upon which a conservation easement has been obtained pursuant to this Agreement,Boulder
County shall forthwith deed to the City its interest in the conservation easement.
53 Any conservation easements granted jointly to Boulder County and die City,under its Agreement,shall
not be construed as county-owned open space under CRS $ 31-12-104(lxa).
57&3 almmoa 9-97)
Appendix A
6 Agreement Term
6.1 The term of this Agreement shall continence an the Effective Date,and continue for ten yeas thereafter
unless renewed or extended by the mutual consent of the City and Boulder County.However,either party may
terminate this Agtc.,N.cut,a any time and for any lesson, upon one yea written nonce to the other panty.The
City and Boa Canty agree that termination shall not affect the validity of COMMIS easements,nit Developmen
approvals, that may occur during the tam of this Agreement.
7 Defense of Claims
7.1 If any person,other than the Parties,allegedly aggrieved by any provision of this Agreemat should sue
Boulder County orthe City concerning this Agreement,Boulder County shalL and the City may,defend such claim
upon receiving timely and appropriate notice of pendency of such claim.Defense costs shall be paid by the ley
providing such defense.If any person,other than Boulder County.should obtain a final money judgment against
the City far the diminution in value of any regulated parcel resulting from regulations in this Agreement or regulations
adopted by the City in implementing this Agreement,Boulder County shall,to the extetpemiued by law,indemnify
the City for the amount of said judgment.Nothing contained in this Agreement shall constitute any waiver by the
City or Boa County of tie provisions of the Colorado Governmental Immunity Act or other applicable immunity
defense.This provision shall survive termination of this Agreement,and be enforceable until all claims are precluded
by statutes of limitation.
8 Notice
8.1 Any notice required by this Agreement 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 effective upon
receipt,and addressed as follows:
City of Longmont
Attention: Community Development Director
A. Civic Center Complex
408 Third Avenue
Longmont,Colorado 80501
County of Boulder -t
Attention: Land Use Director
P.O. Box 471
Boulder, Colorado 80306-0471
9 Miscellaneous Provisions
9.1 Amendments.This Agreement may be amended only by mutual agreement of the Parties and shall be
evidenced by a written instrument authorized and executed with the same farnality as accorded this Agreement.
92 Headings for Convenience.All headings,captions and titles are fix convenience and reference only and
of no meaning in the interpretation or effect of this Agreement.
93 Governing Law and Venue.This Agreement,and the rights and obligations of the Patties hereto,shall
be interpreted and construed according to the laws of the State of Colorado,and venue shall be in the County of
Boa
9.4 Seveability. If this Agreement,or any portion of it, is for any reason held invalid or unconstitutional
in a final and non-appealable decision by any court of competent jurisdiction,the entire Agreement shall terminate.
The Parties agree that every provision of this Agreement is essential and not severable from the remainder.
9.5 Provisions Construed as to Fair Meaning.The provisions of this Agreement shall be construed as to their
fair meaning,and not for a against any party based upon any attributes to such party of the source of the language
in question.
9.6 Compliance with Ordinances and Regulations. This Agreement shall be administered consistent with
ail current and future laws,rules,charters,ordinates and regulations of the City and Boulder County.
(t,msmact 9-vn 578-4
Appendix A
9.7 No implied Representations.No representations,warranties orcertifications,express or implied,between
the Parties exist except as specifically stated in this Agreement.
9.8 No Third Party Beneficiaries.None of the tans,conditions or covenants in this Averment shall give
or allow any claim, benefit,or right of action by any person not a party hereto.Any person other than the City
or Boulder County receiving services or benefits under this Agreement shall be only an incidental beneficiary.
9.9 Integrated Agreement and Amendments.Ills Agreement is an integration of the mite understanding
of the Panics with respect to the matters stated herein.The Parties shall only amend this Agreement in writing •
with the proper official signatures attached them.
9.10 Financial Obligations.This Agreement shall not be deemed a pledge of the credit of the City or Boulder
County.Nothing in this Agreement shall be construed to acme a multiple-fiscal year direct or indirect debt,or
financial obligation.
9.11 Waiver.No waiver of any breach or default ender this Agreement shall be a waiver of any other or
subsequent breach or default
-r
578-5 (Laagmait 9-97)
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