5D - Recommendation to Council on Boulder County Countywide Coordinated Comprehensive Development PlCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: May 1, 2003
(Agenda Item Preparation Date• Apnl 24, 2003)
AGENDA TITLE:
Public Heanng and consideration of a recommendation to C~ty Council on the Boulder
County Countywide Coordinated Comprehensive Development Plan
Intergovernmental Agreement
REQUESTING DEPARTMENT:
Plannmg Department
Peter Pollock, Plamm~g Director
Ruth McHeyser, Long Range Plamm~g Manager
Susan Richstone, Semor Planner
FISCAL IMPACT: None
PURPOSE:
Plamm~g Board recommendation to City Council on Uie the purpose of this item is to obtain a
recommendahon to City Council on the proposed Boulder County Countywide Coordmated
Comprehens~ve Development Plan Intergovemmental Agreement.
BACKGROUND:
Boulder County has been working with communthes m the county over the past two years towards
the goal of creatrng a countywide mtergovernmental agreement that addresses land use and
development issues, coordmates the mulhple Intergovernmental Agreements (IGAs) that currently
exist between the county and vanous communihes, and mcludes communthes not party to an
s\plan\pb-~tems~nemos\srsuperiga mem AGENDA ITEM # SD Paee 1
exishng IGA. The crties of Boulder, Lafayette, L,ongmont, and Louisville; the towns of Ene,
Jamestown, Lyons, Nederland, and Supenor; and Boulder County would be parties to the agreement
ANALYSIS:
Key provis~ons of the proposed IGA mclude•
1. Recogmtion of the existmg annexed areas and development approved by each commumty and
bmding commitments to preserve the surroundmg rural areas identified on the Comprehensrve
Development Plan map
2 The map shows the lands designated Rural Preservation Area and Mumcipal Influence Area on
the underlymg plans (existmg IGAs). The underlying plans, as they exist or may be amended,
determme the lands designated Rural Preservation Area or Mumcipal Influence Area and also
control limits on annexat~on, land uses, regulations, and utility services. Mumcipal Influence
Areas mclude lands planned for annexation to a designated Municipal Party
3 None of the parties to the agreement will annex lands m the Rural Preservahon Area unless such
lands are first removed from the Rural Preservation Area.
4 None of the parties will annex land or provide water or sewer service to lands in another
~unsdichon's Designated Municipal Influence Areas
5. A Mumcipal Party to the agreement may provide water service m the Rural Preservahon Area
and Umncorporated Rural Land Area within 2640 feet of such Mumcipal Party' exishng or
approved water lme mam to serve existmg land uses or development, as well as new single
family residential development upon legal buildmg lots.
The agreement provides several benefits to the city mcludmg:
• Protectrng the rural character of lands m the Area III - Rural Preservahon Area of the
Boulder Valley Comprehensive Plan
• Protectmg Area II of the Boulder Valley Comprehensive Plan from annexahon or utility
serv~ce by another party to the agreement, preservmg our ability to manage our service area
The agreement does allow the provision of water service by another mumcipahty m Area III of the
comprehensive plan to lands located withm 2640 feet of a water hne mam
RECOMMENDATION:
Recommend to C~ty Counci] approval of the Boulder County Countywide Coordmated
Comprehensrve Development Plan Intergovernmental Agreement
s\plan\pbatems~cnemos\srsupenga mem AGENDA ITEM # SD Paee 2
Approvad By
~~ --~~ ~,.~~ ; _~~~~~
Peter Pollock, Plamm~g Director
ATTACHMENTS:
A. Proposed Boulder County Countywide Coordmated Comprehens~ve
Development Plan Intergovernmental Agreement
s\plan\pb-~tems~nemos\srsupenga mem AGENDA ITEM # 5D Paee 3
ATTACHMENT A
BOULDER COUNTY COUNTYWIDE COORDINATED
COMPREHENSIVE DEVELOPMENT PLAN
INTERGOVERNMENTAL AGREEMENT
[REVISED DRAFT 2/14/2003• Clean version]
This Intergovernmental Agreement by, between and among the City of Boulder, a Colorado
home rule city (Boulder), the City of Lafayette, a Colorado home rule city (Lafayette); the City of
Longmont, a Colorado home rule city (I,ongmont); the Crty of Louisville, a Colorado home rule city
(Louisviile), the Town of Ene, a Colorado statutory town (Erie); the Town of Jamestown, a Colorado
statutory town (Jamestown); the Town of Lyons, a Colorado statutory town (Lyons), the Town of
Nederland, a Colorado statutory town (Nederland); the Town of Supenor, a Colorado statutory town
(Supenor); (heremafter, the collectively mumcipal signatones to be known as, the "Mumcipal
Parties"), and the County of Boulder, a body pohtic and corporate of the State of Colorado (Boulder
County), (the collectrve signatones to be known as the "Parties") is made to be effectrve on the 1 st
day of July, 2003.
WITNESSETH.
WHEREAS, Sechon 29-20-101 et seg., C.R S as amended, enables the Parties to enter mto
Intergovernmental Agreements to plan for and regulate land uses, in order to mm~m~ze the negahve
~mpacts of development on the surrounding areas and protect the env~ronment, and specifically
authonzes local governments to cooperate and contract wrth each other for the purpose of plannmg
and regulatmg the development of land by means of a"comprehensrve development plan"; and
WHEREAS, the Parties have previously entered into vanous comprehensrve development
plans by Intergovernmental Agreements, and desire now to provide an overlay coordmatmg all of
the vanous comprehensive development plan mtergovernmental agreements, to-wrt: East Central
Boulder County Comprehensrve Development Plan Intergovernmental Agreement, Southeast
Boulder County, South 96`h St , Dillon Road, and Midway Blvd Area Comprehensive Development
Plan Intergovernmental Agreement; US 36 Comdor Comprehensive Development Plan
Intergovernmental Agreement; Longmont Plannmg Area Comprehensive Development Plan
Intergovernmental Agreement, Boulder Valley Comprehensrve Plan, Lafayette/Louisville Buffer
Area Comprehens~ve Development Plan Intergovemmental Agreemenh, Lyons Area Comprehensive
Development Plan Intergovemmental Agreement, Nederland Area Comprehens~ve Development
Plan Intergovernmental Agreement; and Supenor Area Comprehensive Development Plan
Intergovernmental Agreement; and
WHEREAS, in order to ensure that the umque and mdiv~dual character of the Mumc~pal
Parhes are preserved, the Parties beheve that a comprehensrve development plan (heremafter the
"Plan") which recogmzes the annexed areas and development approved by each commumty,
accompamed by bmdmg commrtments by the responsible ~unsdictions for the preservatron of the
rural character of surroundmg lands as identified withm the area of the Plan, is m the best mterest
of the citizens of each of the Parties, and
Agenda Item # 5 n Page #~/
WHEREAS, this Agreement and Plan is mtended to supplement the Underlymg Plans,
providing agreement by Mumcipal Parties to comply in certam respects wrth the Underlymg Plans
to which the Municipal Party was not a Party, to permit m ccrtam mstances new extratemtonal water
service by non-designated Mumcipal Parties, and to cover addihonal unmcorporated areas not
covered by any Underl}nng Plan, and
WHEREAS, the provisions concernmg annexarion or development by the Mumcipal Part~es
of certam lands designated Unmcorporated Rural Land Area wrthm the Plan Area, as shown on the
attached Exhibit A, are mtended to preclude mcreased development and urban sprawl which would
oblrterate the boundanes of the Mumcipal Parties, and
WHEREAS, certam undeveloped parcels withm the Rural Preservation Area do not currently
have Mumcipal Party utility serv~ces, and, except as noted herem, the Mumcipal Parties are not
desirous of providing such services to new development on such parcels; and
WHEREAS, Lafayette is currently m the proce ,s of achievmg comphance wrth a crty charter
amendment approved by rts voters m November, 2001, which requires that the Crty Council adopt
an "urban growth boundary" on or before December 31, 2003, and the crty's Plamm~g Commission
is currentiy considenng this matter, and therefare, m order not to preempt its compliance with the
charter amendment, the Exhibrt A shows an outer boundary (the enhre area of the Lafayette
Comprehensive Plan as it exists on the effechve date hereo~ within which Lafayette will, on or
before February 1, 2004 commit to its Murucipal Influence Area, conform~ng to its then-adopted
"urban growth boundary", for purposes of the East Central Boulder County Comprchens~ve
Development Plan Intergovernmental Agreement, an Underl}nng Plan as defined m th~s A~eement
& Plan, and so long as said Mumcipal Influence Area designation does not exceed said current outer
boundary, such Murucipal Influence Area shall be recognized as such for all purposes under this
Agreement and Plan, and
WHEREAS, the Parties desire to enter into this Intergovernmental Agreement in order to
plan for and regulate the use of the lands witlun the Plan Area through ~omt adoption of tlus mutually
bmdmg and enforceable Comprehensive Development Plan overlaying the Underl}nng Plans and
covenng those areas outside the Underl}nng Plans designated Unmcorparated Rural Land Areas, and
WHEREAS, the Parties find that des~gnatrng a portion of the Plan Area to remain as Rural
Preservahon Area ar Unmcorporated Rural Land Area for the purpose of preservmg a community
buffer serves the economic and civic interest of their cihzens and meets the goals of the Boulder
County Comprehensrve Plan, and meets the goals and furthers the purposes of the comprehensrve
and master plans of the Mumcipal Parhes, as stated m such plans and applicable laws; and
WHEREAS, with respect to the annexation provis~ons herem, the Parties declare that the
Unmcorporated Rural Land Area, Rural Preservahon Area, and Mumcipal Influence Area
designat~ons and land use regulahons contazned m this Agreement affect the future development of
each Mumc~pal Party Consistent wrth the murucipal annexation, utilrty service, and land use laws
Agenda Item # 5 n Page #_S
of the State of Colorado, this Agreement, mcluding specifically the annexation and utility serv~ce
portions hereof, ~s mtended to encourage the natural and well-ordered future development of each
Party, to promote planned and orderly growth m the affected areas; to distnbute fatrly and equitably
the costs of government services among those persons who benefit therefrom, to extend govemment
serv~ces and facilrties to the affected azeas m a logical fash~on, to simphfy providmg util~ty services
to the affected areas; to simphfy the governmental structure of the affected areas, to reduce and
avoid, where possible, fnction between the Part~es, and to promote the economic viabihty of the
Part~es;and
WHEREAS, the functions described m tlus Agreement are lawfully authonzed to each of the
Part~es which perform such funct~ons hereunder, as provided m art~cle 20 of trtle 29, part 1 of article
28 of title 30; part 1 of article 12 of htle 31; and parts 2 and 3 of article 23 of title 31, C.R.S , as
amended; and
WHEREAS, Sechon 29-1-201, et seq., C.R S., as amended, authonzes the Parties to
cooperate and contract with one another with respect to functions lawfully authonzed to each of the
Parties and the people of the State of Colorado have encouraged such cooperation and contractmg
through the adophon of Colorado Constrtuhon, Anc~le XIV, 18(2); and
WHEREAS, the Parties have each held heanngs after proper public notice for the
cons~derat~on of entenng mto this Agreement and the adophon of a Comprehensrve Development
Plan for the sub~ect lands, heremafter referred to as the "Plan Area", as shown on the Exhibrt A.
NOW THEREFORE, m consideration of the above and the mutual covenants and
commrtments made herem, the Parties agree as follows:
1. BOULDER COUNTY COUNTYWIDE COORDINATED COMPREHENSIVE
DEVELOPMENT PLAN.
1 1 Adoption and Purposes This Agreement, mcludmg Exhibrt A, is adopted by the
Parties as the Boulder County Countywide Coordmated Comprehensive
Development Plan (the "Plan") governing the Plan Area. Exhib~t A attached hereto
has two purposes first, it shows the lands des~gnated Rural Preservation Area and
Mumcipal Influence Area on the Underlymg Plans Second, Exhib~t A designates
"Uruncorporated Rural Land Area" for purposes of the application of the provisions
of this Agreement and Plan to lands so designated.
1.2 Relahonship to Underlvme Plans. Except as expressly prov~ded herem, the
Underl}nng Plans, as they ex~st on the date hereof and as they may be amended
from hme to time, are the sole effectrve determmants of the status of lands as
Rural Preservation Area or Mumcipal Influence Area for the purpose of the
applicat~on of the prov~sions of this Agreement and Plan, and the Underl}nng Plan
controls as to the limitahons on annexahon, land uses, regulations, and uhlity
services, and the County's appl~cation of rts "Areas and Achvrties of State
Interest" regulatrons m unmcorporated areas, as between the parties to the
Agenda Item #~_ Page # ~
Underlymg Plan Nothing m this agreement ~s mtended nor shall be construed to
require the consent to the amendment of an Underlymg Plan by any Party hereto
wh~ch is not a Party to the Underl}ang Plan.
13 Defimtions•
"Designated Mumc~pal Part}~' means the Mumcipal Party to the Underl}nng Plan
expressly permitted m the Underlymg Plan to annex sub~ect Murucipal Influence
Area lands, or to provide extraterntonal water and/or sewer services to the sub~ect
Rural Preservation Area lands
"Plan Area" means the enhre umncorporated area of Boulder County except for those
lands contamed wrthm the Niwot Commuruty Service Area as defined by the Boulder
County Comprehensive Plan "
"Underlying Plan(s)" means the East Central Boulder County Comprehensive
Development Plan Intergovemmental Agreement; Southeast Boulder County, South
96`h St , Dillon Road, and Midway Blvd. Area Comprehens~ve Development Plan
Intergovernmental Agreement; US 36 Comdor Comprehensive Development Plan
Intergovernmental Agreement Longmont Plannmg Area Comprehensive
Development Plan Intergovernmental Agreement; Boulder Valley Comprehensive
Plan; Lafayette/I,ouisville Buffer Area Comprehensive Development Plan
Intergovernmental Agreement, Lyons Area Comprehensive Development Plan
Intergovernmental Agreement, Nederland Area Comprehensive Development Plan
Intergovernmental Agreement; and the Superior Area Comprehens~ve Development
Plan Intergovernmental Agreement.
"Unmcorparated Rural Land Area" means the enhre unmcorporated area of Boulder
County which has not been designated Mumcipal Influence Area or Rural
Preservahon Area in one or more Underlymg Plans
2. RURAL PRESERVATION AREA.
2.1. The Mumcipal Parties each agree that they will immediately disclose to the
others and to Boulder County any and all mstances m which they have recerved an annexahon
pehhon from landowners m the Rural Preservat~on Area seekmg annexahon. Further, the Mumcipal
Parties each commit that they are not cunently pursumg any annexahons withm the Rural
Preservation Area
2.2 The map attached and mcorporated as Exhibit A shows certam lands wrthm the
Plan Area which are designated "Rural Preservahon Area". These lands are intended to remain
wrthm the unmcorporated area of Boulder County, sub~ect to Boulder County's land use regulatory
~urisdichon as hmrted m the Underl}nng Pians. The Mumcipal Parties each agree that none of them
will mitiate or approve an annexation of any portton of any of the lands shown as "Rural
Preservation Area" on the Exhibrt A unless the Rural Preservahon Area as designated m the
Underlying Plan is first amended to remove such lands from the Rural Preservat~on Area and to
permit the Mumc~pal Party to which annexation is sought to annex the sub~ect lands, except as may
be provided m the Underlymg Plan
2.3. By authonzmg the execution of th~s Agreement, the city counc~ls and the town
boards of the Mumcipal Parties each respechvely finds and declares that there is no communrty of
Agenda Item # 5 ~ Page # ^
mterest between the lands designated Rural Preservation Area m the Underlymg Plans and their
respect~ve ~urisdictions, that none of these lands is urban nar is hkely to urbanize withm the term of
this Plan, unless amended as mdicated m section 2.2, and that none of these lands ~s currenUy
mtegrated wrth, nor for the term of this Plan w~ll any of them be capable of bemg mtegrated wrth
their respectrve ~unsd~ctions, unless amended as md~cated in section 2.2
3. MUNICIPAL INFLUENCE AREA PARCELS.
3.1. The Exhibit A reflects Mumcipal Influence Areas currently located withm
unmcorporated Boulder County as adopted m the Underlymg Plans and shown on the maps attached
to said Underlymg Plans These aze areas that mclude lands that may m the future be annexed to the
Designated Mumcipal Pariy, as denoted by the "Influence Area" designahon. Nothmg m this sechon
or the Plan is mtended to require such Mumcipal Party to annex such area However, the Mun~cipal
Parties agree that, if such area is to be annexed to or is to be provided water or sewer serv~ce, except
as provided herembelow, by a Municipal Party during the term of this Agreement, such area will be
annexed to and/or will be so served by the Designated Mumcipal Party and not by any of the other
Municipal Parhes By authorizmg the execution of this Agreement, each c~ty council and town board
finds and declares that the commumty of mterest m the Influence Areas so designated on the
Underlymg Plan map is, or for the term of the underl~nng Plan, wtll be, wtth the Designated
Mumcipal Party and not wrth any other Mumcipal Party.
3 2 Until and unless annexed, Boulder County shall enforce rts "Areas and
Actrvit~es of State Interest" regulations upon any parcels identified as wrthm the Influence Area of
any Munic~pal Party, except to the extent that any of such regulat~ons are mappl~cable under the
express language of any Underl}nng Plan, so long as sa~d Underlymg Plan remams effechve
Boulder County shall not grant a perm~t for development pursuant to such regulations unless such
permit has been first subm~tted for review and comment by the Mumcipal Party whose Influence
Area on the Underlying Plan map mcludes such parcel(s)
Review and comment by a Municipal Party pursuant to this provision shall be based
upon the application of Boulder County's "Areas and Activrties of State InteresY' regulahons. A
comment of a Mumcipal Party regardmg the sahsfachon of the "Areas and Activrties of State
Interest" regulations shall be gven presumptive weight by Boulder County, which will nonetheless
mdependently execute its duty under state law with reference to the applicat~on of ~ts regulations.
The provis~ons of this paragraph shall control over any provision m the US 36 Comdor
Comprehensive Development Plan Intergovernmental Agreement
3.3. Boulder County agrees that, for purposes of the Mumcipal Annexahon Act,
there is, or for the term of this Plan, will be, a communrty of mterest of the parcels designated as
Mumc~pal Party Influence Areas as agreed m Underlymg Plans and shown on the maps attached to
sa~d Underl}nng Plans with the Des~gnated Murucipal Party, and Boulder County consents to
annexation of such areas by the Designated Mumcipal Party
3.4 No Party shall purchase any parcel of land e~ther withm the mcorporated limtts
of another Party or withm the Influence Area of another Party as designated on the Exh~brt A,
wrthout the express consent of such other Party However, this resmct~on shall not apply to parcels
to be acquired solely for muntcipal uhlity purposes
Agenda Item # .`~ (~ Page # ~
3.5 Lafayette is currently m the process of achieving compliance with a city charter
amendment approved by rts voters m November, 2001, which requires that the Crty Council adopt
an "urban growth boundary" on or before December 31, 2003, and the city's Plannmg Commission
~s cunently considenng this matter, and therefore, m order not to preempt rts comphance wrth the
charter amendment, the Exh~bit A shows an outer boundary (the entire azea of the Lafayette
Comprehensive Plan as it ex~sts on the effectrve date hereo~ wrthm wh~ch Lafayette will, on or
before February 1, 2004 commrt to rts Municipal Influence Area, conformmg to its then-adopted
"urban growth boundary", for purposes of the East Central Boulder County Comprehensive
Development Plan Intergovernmental Agreement, an Underlying Plan as defined m this Agreement
and Plan, and so long as said Mumcipal Influence Area designation does not exceed said current
outer boundary, such Mumcipal Influence Area shall be recognized as such for all purposes under
this Agreement and Plan. Any portion of the area wrthm the outer boundary shown on Exhibit A
whtch is not mcluded by Lafayette m rts Mumcipal Influence Area as provided herem shall be treated
for all purposes as Unmcorporated Rural Land Area.
4. UNINCORPORATED RURAL LAND AREAS. Those portions of the
umncorporated area of Boulder County not heretofore covered by any of the Underlymg Plans as
shown on the maps attached thereto, which are reflected on the Exhibrt A attached hereto designated
"Umncorporated Rural Land Area" shall be sub~ect to the same restnctions on and procedures
concernmg annexation as the lands designated Rural Preservat~on Area in the Underlying Plans
Notwithstandmg any other provision of this Agreement, any platted residenhal subdivis~on,
excludmg Ni.TPUDs and subdtvision exemptions, in the unincorporated area of the County may be
annexed m whole or m part by any Mumcipal Party to whtch it has been adjacent for a penod of one
year ar mare, m accordance with the provisions of the Colorado annexation statutes then m effect
5. ISSUES FOR CONTINUED COUNTYWIDE DI5CUSSION. The Parties
agree that addrtional issues exist which may be solved through countywide or regional
agreements The Parties agree to schedule these issues as desired on agendas of future
Consortium of CiUes meetmgs. These issues mclude, but are not limrted to, the followmg
Revenue sharmg, m particular of sales tax revenues.
Affordable housmg fundmg and locarions
Library services
6. UTILITY SERVICE PROVISION. Any Des~gnated Murucipal Party may provide
extratemtorial water and/or sewer services m areas designated for such Party's water and/or sewer
services m the Underlymg Plan For Mumcipa] Influence Areas designated on the Underl~nng Plan,
where no Municipal Party is designated to provide such servtces, any Mumcipal Party to the
Underl}nng Plan, or a pubhc water and/or samtat~on district permrtted to provide water and/or
samtary sewer services to the sub~ect area under an approved special distnct service plan, may
provide water and/or sanitary sewer services to the sub~ect lands wrthm the Underlymg Plan Area.
Any Municipal Party to this Agreement may provide extraterntorial water service m the
Rural Preservation Area and Umncorporated Rural Land Area withm 2640 feet of such Municipal
Party's existmg or approved water lme mam to serve existmg land uses or development, as well as
Agenda Item # `~ n Page # ~
new smgle family residentral development upon legal building lots and parcels at a maximum density
eyual to that permitted by the prov~s~ons of the Boulder County Comprehensive Plan m effect on the
effecrive date of this Agreement, and may provide service m any event m accordance with service
contracts which were entered mto and enforceable pnor to the effechve date of this Agreement A
Mumcipal Party shall not provide any water service to parcels m the Rural Preservation Area and
Unmcorporated Rural Land Area except as provided herem or m the Underl}nng Plan,
7. REFERRALS.
7 1 Any apphcation or other proposal for annexahon, or development m excess of that
authonzed in the Underlytng Plan, on any parcel wrthm that portion of the Plan
Area designated Rural Preservahon Area, as shown on the Exhibrt A and as
agreed m underlymg plans and shown on the maps attached to said underlymg
plans, shall be immediately referred in wntmg to all Parties. No act~on shall be
taken upon such an applicahon or proposal by the refemng Party unhl each other
Party has had the opportumty to respond concerning the proposal's conformity to
this Plan and other land use pol~cies.
7 2 Responses shall be recerved wrthm 30 days of date of referral. However, upon
timely request, the County shall be authonzed to grant reasonable requests for
extensions of hme withm which to respond In evaluatmg any request for an
extension of time withm which to respond, the County shall grve appropnate
cons~deration to factors such as the complexity of the apphcation, any standard
admimstrative processes that are applicable and to the reasonable scheduling
needs of a responding Party The provisions of this sub-section 7.2 shall apply to
all referrals required by th~s Agreement and also by any Underl}nng Plan,
notwrthstandmg any provision m the Underlying Plan to the contrary
8. AMENDMENTS. This Plan contams the entire agreement between the Parties,
but ~s supplemental to the Underlymg Plans. Any proposed amendment of this Plan must be referred
to the Parties Amendment of this Plan shall take place only upon approval by resolut~on or
ordmance adopted by the governmg body of each of the Parties, after not~ce and hearmg as may be
required by law No Party shall approve or permit any development or change of use of any parcel
m the Plan Area by any means, and no Party shall approve any annexation, wlvch is mconsistent with
this Agreement and Plan unt~l and unless the Plan has been amended so that the proposed
development or use of such parcel or rts annexation is cons~stent w~th the Plan. Amendments to
Underlymg Plans shall be d~stnbuted to all parties hereto by Boulder County, and updates to the
limrts of Rural Preservat~on Areas as amended m Underlying Plans will be d~stnbuted to the Parties
by Boulder County through updated maps, which will supplant the attached Exhib~t A
9. SEVERABILITY. If any port~on of this Plan ~s held by a court in a final, non-
appealable decis~on to be per se mvahd or unenforceable as to any Party, the ent~re Agreement and
the Plan shall be termmated, ~t bemg the understanding and mtent of the Parties that every portion
of the Agreement and Plan ~s essential to and not severable from the remamder.
Agenda Item # ~`~ n Page # /~
10. BENEFICIARIES. The Parhes, m their corporate and representahve govemmental
capacities, are the only enhhes mtended to be the beneficianes of the Agreement and the Plan, and
no other person or enhty is so intended or may bnng any action, mcludmg a denvative action, to
enfarce the Agreement or the Plan.
11. ENFORCEMENT Any one or mare of the Part~es may enforce this Agreement
by any legal or equrtable means mcludmg specific performance, declaratory and m~unct~ve rehef
No other person or entity shall have any nght to enforce the provis~ons of this Agreement or the
Plan.
12. DEFENSEOFCLAIMS/INDEMNIFICATION Ifanypersonallegedlyaggneved
by any prov~sion of the Plan and who is not a Party to the Plan should sue any Party concernmg such
Plan provision, all Parties shall be nohfied promptly by any Party served; any Party served shall, and
any other Party may, defend such claim Defense costs shall be paid by the Party providmg such
defense.
Notwithstandmg the foregomg, if the claim concerns the designahon of property as "Rural
Preservation Area" or "Unmcorporated Rural Lands", Boulder County shall provide a defense m
such achon If the cla~m concerns the designat~on of property as "Influence Area," the Designated
Municipal Party shall provide such defense.
In the event that any person not a Party to the Plan should obtam a final money ~udgment
agamst any Party who is not the regulating Party for the dimmuhon m value of any regulated parcel
resultmg from regulahons in the Plan, or regularions adopted by the regulating Party implemenhng
the Plan, the regulatmg Party shall, to the extent permitted by law, mdemmfy such Party for the
amount of said ~udgment.
13. GOVERNING LAW AND VENUE. This Agreement shall be governed by
the laws of the State of Colorado, and venue shall he in the County of Boulder.
14. TERM AND EFFECTIVE DATE OF THIS PLAN AND APPLICABILITY OF
PROVISIONS TO EXPIRED UNDERLYING PLANS. Ttus Agreement shall become effectrve
when sigied by an authonzed representarive of the governmg bodies of Boulder County and the
Mumcipal Parties set forth above, except that, in the event that, as of May 31, 2003, all of the Parties
have not authonzed signature, each of the Parties which have at that date authorized signature shall
review the status of the Agreement and determme whether to proceed to sign, m which case the
Agreement shall become effective upon the signature of each of those ent~t~es which have
determmed to proceed m the absence of those listed Mumc~pal Parties which have not authorized
signature on or before that date. Addihonal Parties may s~gn thereafter, and upon signature, such
Agreement shall govern such addrtional parties.
Except as provided herein, th~s Agreement shall remam m effect for a penod of twenty (20)
years from its m~Ual effective date, unless termmated pnor thereto by agreement of all the Parties
or pursuant to the terms of secrion 8 above. At any hme until nmety days pnor to the tenth
anmversary of the effecUve date of the Agreement, any Mumcipal Party may grve wntten notice to
all other Parties by first class certified ma~l that it mtends to withdraw as a Party from the Agreement
Agenda Item # ~ ~ Page # //
effective on that anmversary. If any Munic~pal Party gives such nohce, any other Mumcipal Party
shall have forty-five days from the date of such notice to grve not~ce by the same means that it also
mtends to withdraw. In no event shall any such notice be grven later than forty-five days prior to the
tenth anmversary date. After grvmg such notice m comphance wrth this provision, such Party ar
Parhes shall no longer be a party or parties to this Agreement effective on the tenth anmversary date.
Each Party agrees that, at any time withm 90 days pnor to the anmversary of the effective
date of this Agreement, it will hold a duly noticed public heanng for the purpose of determinmg if
the term of this Agreement shall be extended an addrtional five (5) yeazs from the date of termmaUon
then in effect Not~ces of the heanng and subsequent action of each Party shall be sent to each of
the other Parties.
15. PARTY REPRESENTATIVES. Referrals made under the terms of this
Agreement shall be sent to the Parties' representatives as follows.
ENTITY: REPRESENTATIVES.
CITY OF BOULDER Crty Manager
P O Box 791
Boulder, CO 80306
TOVVN OF ERIE Town Manager
P.O. Box 750
Erie, CO 80516
TOWN OF JAMESTOWN Town Clerk
118 Mam Street
Jamestown, CO 80455
CITY OF LAFAYETTE City Admmistrator
1290 S. Pubhc Rd.
Lafayette, CO 80026
CITY OF LONGMONT City Manager
C~vic Center Complex
350 Kimbark Street
Longmont, CO 80501
CITY OF LOUISVILLE C~ty Admmistrator
749 Mam St
Louisville, CO 80027
Agenda Item # ._~ Page # /~
TOWN OF LYONS
TOWN OF NEDERLAND
TOWN OF SUPERIOR
COUNTY OF BOULDER
Town Manager
P O Box 49
Lyons CO 80540
Town Clerk
P O Box 396
Nederland, CO 80466
Town Manager
124 E. Coal Creek Dr.
Supenor, CO 80027
Director, Land Use Department
P.O. Box 471
Boulder, CO 80306
Name and address changes for representatrves shall be made m wntmg, mailed to the other
representahves at the then current address
THIS AGREEMENT made and entered mto to be effectrve on the date as set forth above.
[Signature blocks ]
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