Handouts - Landmarks - June 3, 2009
Dear Members of the Landmarks Board,
We have reviewed the plans submitted by the owners of Lolita's market to
demolish part of the building at 800 Pearl, rehabilitate the remaining portion, and erect a
new building surrounding the rehabilitated portion. We were pleased to see that the
owners planned to restore the upstairs window in the front and restore the side windows.
We were disappointed that they owners have not proposed restoring the lower windows
and entrance in the front of the building or restoring the wood tower to remind us of our
mining heritage. In our opinion, full restoration of these aspects of the building would
help to draw attention to the building, what it was, and what it meant, increasing not only
its historical value but also its commercial potential.
We were quite upset at the new building being proposed to surround the original
structure. Thirty-eight feet is too high and gives the building the feeling of towering over
the original structure, leaving it to sit at the bottom of an ultra-modern canyon. A shorter
surrounding building would be more appropriate, constructed of classic brick with details
such as arched windows reminiscent of the style of architecture most common in the
older parts of downtown Boulder. This would do a great deal to help the surrounding
building to blend in with the neighborhood and the new building at 820 Pearl just to the
east.
We are sorry that we were unable to attend the meeting but hope that you will
take our feelings on this matter into account.
Sincerely,
Dylan Williams and Kate Remley
646 Pearl St., Boulder, CO 80302
(303) 449-5938
Boundary Analysis - 800 Pearl Street
The Landmarks Board has not adopted specific guidelines for establishing boundaries around
landmark sites. The ordinance states that the "application (shall] develop and maintain
appropriate settings and environments for such buildings, sites..." (9-11-1, B.R.C., 1981).
The National Park Service has guidelines for selecting boundaries as part of a National
Register of Historic Places nomination. A copy of the guidelines is attached. Below is an
analysis of the recommended boundary of the Chamberlain Sampling Works at 800 Pearl
Street.
Staff considers that designation of the Chamberlain Sampling Works with the boundary as
shown in the staff memorandum would be most appropriate for the following reasons:
• The boundary encompasses, but does not exceed the full extent of significant
resources on the property, which is considered to be the gabled portion of the building
at 800 Pearl Street.
• The boundary does not include "buffer zones" by remaining limited to the area around
the gabled portion of the building, which includes the historic features of the property.
• The boundary leaves out the areas of the property that no longer retain integrity or do
not have a historic significance to the building.
• The boundary follows legally recorded property lines on two of the four sides, and
excludes areas of (anticipated) new construction.
GUIDELINES FOR SELECTING BOUNDARIES
(Taken from the National Register of Historic Places)
ALL PROPERTIES Analvsis
Carefully select boundaries to This boundary would encompass, but not exceed the
encompass, but not to exceed, the full extent of the significant resources and land on the
full extent of the significant property. The flat-roofed addition on the back of the
resources and land area making up building is not considered to be a significant resource.
the property. The vacant parking lot to the east of the existing
building is not significant land area for the property.
The area to be registered should be This boundary would be large enough to include all
large enough to include all historic historic features and property directly associated with
features of the property, but should the significance of the gabled portion of the existing
not include "buffer zones" or building, while excluding the rear and vacant eastern
acreage not directly contributing to lot, which does not directly contribute to the
the significance of the property. significance of the property. This boundary does not
include buffer zones.
Leave out peripheral areas of the This boundary would leave out the one-story addition
property that no longer retain to the rear of the building and the vacant lot to the
integrity, due to subdivision, east of the building. To the rear of the building, the
development, or other changes. proposed boundary excludes the non-historic portions
of the addition all proposed for demolition. The
vacant lot to the east is a peripheral area not directly
associated with the significance of the gabled portion
of the existing building.
"Donut holes" are not allowed. No No "donut holes" are proposed.
area or resources within a set of
boundaries may be excluded from
listing in the National Register.
Identify non historic resources
within the boundaries as
noncontributing.
Use the following features to mark On the north and west property lines, the boundary
the boundaries: follows the legally recorded boundary lines. These
1. Legally recorded boundary lines. two boundaries are adjacent to public rights-of-way.
2. Natural topographic features, The eastern and southern boundary lines delineate
such as ridges, valleys, rivers, and between the historic building and areas of proposed
forests. new construction. These boundaries are appropriate
3. Manmade features, such as to exclude the new construction as there is no
stone walls; hedgerows; the physical connection between the historic building and
curblines of highways, streets, and the new construction.
roads; areas of new construction.
4. For large properties, topographic
features, contour lines, and section
lines marked on USGS maps.
RESOURCE SPECIFIC ANALYSIS
GUIDELIINES:
BUILDINGS, STRUCTURES AND
OBJECTS
Select boundaries that encompass The boundary encompasses the entire historic
the entire resource, with historic and resource, which is the gabled portion-of the building.
contemporary additions. Include any The fiat roof portion is proposed to be demolished.
surrounding land historically The boundary excludes the rear and eastern portions
associated with the resource that of the property, which no longer contribute to the
retains its historic integrity and property's historic significance.
contributes to the property's historic
significance.
For urban and suburban This is an urban property that retains some of its
properties that retain their historic historic boundaries and integrity. The boundary
boundaries and integrity, use the follows the legally recorded lot lines for half of the
legally recorded parcel number or boundary. The other half of the boundary
lot lines. encompasses the remaining portions of the significant
resource on the property (gabled portion of the
building) and excludes the remainder of the property
that no longer retains significant integrity or any
historic resources.
National Register guidelines for Boundaries
GUIDELINES FOR SELECTING BOUNDARIES
ALI. PROPERTIES
Carefully select boundaries to encompass, but not to exceed, the full extent of the significant resources and
land area making up the property.
• The area to be registered should be large enough to include all historic features of the property, but should not
include "buffer zones" or acreage not directly contributing to the significance of the property.
■ Leave out peripheral areas of the property that no longer retain integrity, due to subdivision, development, or
other changes.
• "Donut holes" are not allowed. No area or resources within a set of boundaries may be excluded from listing
in the National Register. Identify nonhistoric resources within the boundaries as noncontributing.
• Use the following features to mark theboundariess
1. Legally recorded boundary lines.
2. Natural topographic features, such as ridges, valleys, rivers, and forests.
3. Manmade features, such as stone walls; hedgerows; the curblines of highways, streets, and roads; areas
of new construction.
4. For large properties, topographic features, contour lines, and section lines marked on USGS maps.
BUILDINGS, STRUCTURES AND OBJECTS
• Select boundaries that encompass the entire resource, with historic and contemporary additions. include any
surrounding land historically associated with the resource that retains its historic integrity and contributes to
the property's historic significance.
• For objects, such as sculpture, and structures, such as ships, boats, and railroad airs and locomotives, the
boundaries may be the land or water occupied by the resource without any surroundings.
• For urban and suburban properties that retain their historic boundaries and integrity, use the legally re-
corded parcel number or lot lines.
• Boundaries for rural properties may be based on:
I. A small parcel drawn to immediately.encompass the significant resources, uicluding outbuildings and
associated setting, or
2. Acreage, including fields, forests, and open range, that was associated with the property historically and
conveys the property's historic setting. (This area must have historic integrity and contribute to the
property's historic significance.)
HISTORIC SITES
• 1~or historic sites, select boundaries that encompass the area where the historic events took place- Include
only portions of the site retaining historic integrity and documented to have been directly associated with the
event.
HISTORIC AND ARCHITECTURAL DISTRICTS
• Select boundaries to encompass the single area of land containing the significant concentration of buildings,
sites, structures, car objects making up the district. The district's significance and historicintegrity should help
determine the boundaries. Consider the following factors:
1. Visual barriers that mark a change in the historic character of the area or that break the continuity of the
district, such as new construction, highways, or development of a different character.
2. Visual changes in the character of the area due to different architectural styles, types or periods, or to a
decline in the concentration of contributing resources.
3. Boundaries at a specific time in history, such as the original city limits or the legally recorded
boundaries of a housing subdivision, estate, or ranch.
4. Clearly differentiated patterns of historical development, such as commercial versus residential or
industrial.
• A historic district may contain discontiguous elements only under the following circumstances:
1. When visual continuity is not a factor of historic significance, when resources are geographically
separate, and when the intervening space lacks significance: for example, a cemetery located outside
a rural village.
2. When manmade resources are Interconnected by natural features that are excluded from the National
Register listing: for example, a canal system that incorporates natural waterways.
3. When a portion of a district has been separated by intervening development or highway construction
and when the separated portion has sufficient significance and integrity to meet the rational Register
criteria.
ARCHEOLOGICAL SITES AND DISTRICTS
• The selection of boundaries fir archeological sites and districts depends primarily on the scale and horizontal
extent of the significant features. A wgimial pattern of assemblag e Of remains, a location of repeated habita-
tion, a location or a single habitation, or some other distribution of archoolog;ical evidence, all imply different
spatial scales. Although it is not always possible to determine the lwundarics of a site conclusively, a knowl-
edge of local cultural history and related features such as site type can help predict the extent of a site. Con-
sider the property's setting and physical characteristics along with the results of archeological survey to deter-
mine the most suitable approach.
• Obtain evidence through one or several of the following techniques:
1. Subsurface testing, including test excavations, care and auger borings, and observation of cut banks.
2. Surface observation of site features and materials that have been uncovered by plowing or other
disturbance or that have remained on the surface since deposition.
3. Observation of topographic or other natural features that may or may not have been present during the
period of significance.
4. Observation of land alterations subsequent to site formation that may have affected the integrity of the
site.
5. Study of historical or ethnographic documents, such as maps and journals.
• If the techniques fisted above cannot be applied, set the boundaries by conservatively estimating the extent
and location of the significant features. Thoroughly explain the basis for selecting; the boundaries in the
boundary justification.
• If a portion of a known site cannot be tested because access to the property has been denied by the owner,
the boundaries may be drawn along the legal property lines of the portion that is accessible, provided that por-
tion by itself has sufficient significanm to meet the National Register criteria and the full extent of the site is
unknown.
• Archeological districts may contain discontiguous elements under the following circumstances:
1. When one or several outlying sites has a direct relationship to the significance of the main portion of the
district, through common cultural affiliation or as related elements of a pattern of land use, and
2. When the intervening space does not have known significant resources.
(Geographically separate sites not forming a discontiguous district may be nominated together as
individual properties within a multiple property submission.)
CITY OF BOULDER, COLORADO
r
Office of the City Attorney
Municipal Building
1777 Broadway f~
Post Office Box 791
Boulder. Colorado 80306
Telephone (303) 441-3020
Facsimile (303) 441-3859
MEMORANDUM
TO: Landmarks Board
FROM: Debra S. Kalish, Assistant City Attorney
SUBJECT: Landmarks Board Jurisdiction over BVSD Properties
DATE: June 3, 2009
SUMMARY
The 2002 and 2005 MOUs between the city and the school district concerned the disposition of
school district property and addressed what would happen with the historic properties owned by
the school district if it decided to sell those properties. In return, the city had agreed that it
would not designate school district properties as historic or rezone those properties over the
objection of the school district. The MOU is no longer in place and not likely to be replaced.
FACTUAL BACKGROUND
• Mapleton Elementary School was included within Mapleton Hill District created in 1982.
An August 16, 1982 letter from the City Attorney's Office stated that if changes to the
exterior of the building were necessary in order to carry out the school district's
responsibility to the public, the City did not anticipate that such district action would
come under the jurisdiction of the city's Landmarks Board. Three years later, a JA~'ZM5
memo from then-Assistant City Attorney David Gehr indicated that the school district
had voluntarily complied with the provisions of the historic preservation ordinance. In
the memo, Mr. Gehr stated that the last modification to the building that he could recall
was the reconstruction of the retaining wall at Mapleton. The District voluntarily
requested and was granted a Landmark Alteration Certificate for that work.
• University Hill Elementary School was voluntarily landmarked by the school district
• Whittier Elementary was also voluntarily landmarked by the school district
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Re: subject
1982/1985 MOUs
In the early 2000s, Boulder Valley School District was contemplating the closure or
consolidation of several schools. In 2002 (and extended in 2005 for another three-year term) the
School District and the City entered into a Memorandum of Understanding (MOU) with respect
to the future of the district's properties. The MOU, and accompanying Development Standards,
are attached to this memorandum.
The Development Standards is a recitation of the current law, with two possible exceptions:
paragraph 1 provided that with respect to Mapleton, Whittier and University Hill Elementary
Schools, upon the sale of these properties to a governmental entity such governmental entity
would be bound by the landmark standards application to the property as of the date of
designation. Paragraph 5 provided that the 55' height limit would apply to any school district
property sold to another governmental entity.
Importantly, the MOU expired in August 2008 and is no longer in effect. Further, City Council
has not expressed any interest in a replacement MOU. Council will, however, be exploring some
forms of public zoning for school sites later in the summer.
The relevant terms of the prior MOU were as follows:
• Section 3 concerned the lease of school facilities. It provided that if school district
owned property was leased for school or community purposes, the school district could
do so under terms and conditions approved by the school district. If it leased the property
for other purposes, all city land use and building and zoning plans, codes, resolutions and
regulations would apply.
• Section 4, Sale of School Property for Development, applied in cases in which the school
district wished to sell any of its property to a developer or to a governmental entity
without the governmental entity being subject to the Development Standards and
provided that:
o Before selling any property to a developer or to a governmental entity without the
governmental entity being subject to the Development Standards, the school
district was required to first give the city the option to lease the property.
o During the first term of the city's lease, the city could then decide if it wanted to
buy the property.
o With respect to Mapleton, Whittier and Uni Hill Elementary Schools or other
voluntarily landmarked building, if the city (i) chose to not exercise its option to
purchase or (ii) failed to close on the property, then the landmarks standards
applicable as of the date of the designation would apply. In the case of the sale of
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June 3, 2009
Re: subject
one of these school district properties to a governmental entity, only paragraph 1,
"Historic Preservation," of the Development Standards would apply. That
provision.
• Section 5, Sale of School District Property to a Governmental Successor, provided that:
o If the school district decided to sell a property to a governmental entity without
giving the city the option to first lease/purchase, then it was required to (i) notify
the city; (ii) include the terms of the MOU in any contract of purchase and sale
with the governmental entity; and (iii) give a copy of the contract to the city. If
the city chose, the city could
■ require that the Development Standards be recorded prior to the closing on
the property so that the Development Standards would continue to apply
to the property.
■ The city may also choose to not have the development standards apply to
the property.
• Section 6, City Covenants, provided that the city would not rezone or landmark property
owned by the school district without its consent:
• In consideration of the School District's promises herein, the City shall not, without the
prior consent of the Board of the School District approved at a public meeting, re-zone,
landmark, designate or otherwise initiate, undertake or cause the imposition of any land
use or development limitation on restrictions upon any School Property during the term
of this MOU.
K:TUHm-Memo to Landmarks Board regarding 20022005 MOU with BVSD-ylb-.DOC
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made this $ day of March, 2005, by
and between the Board of Education ("Board") of the Boulder Valley School District RE-2, a public
school district and political subdivision of the state of Colorado ("School District") and the City of
Boulder, a Colorado municipal corporation and home rule city ("City").
RECITALS
WHEREAS, the School District is the owner of numerous, sizable parcels of real property
and improvements within the City that it currently uses for various school and community purposes
as authorized by Colorado law; and
WHEREAS, the Board, as part of its duty and authority to determine which schools within
the School District will be operated and maintained, must determine from time to time the most
efficient use of its facilities and properties including which educational programs should be
continued, modified, relocated, consolidated or discontinued and which facilities or properties should
be leased or, on rare occasions, closed and sold; and
WHEREAS, on January 27, 2000, the Board found it necessary and in the best interests of the
School District to consolidate various school programs and to relocate others within and among two
• schools in the south Boulder area; and
WHEREAS, on February 15, 2000, the City Council of the City authorized the City Manager
to establish a School Issues Task Force to study ways to further the public process related to any
closure or consolidation discussions with respect to schools within the City; and
WHEREAS, as a result of the Task Force work, the parties determined that it was in their
mutual best interests to enter into a MOU to more clearly define their respective roles and
responsibilities with respect to any future decision by the Board to close and sell a school facility;
and
WHEREAS, the parties entered into this MOU on April 9, 2002, and now desire to extend it
for an additional period of three years; and
WHEREAS, this MOU generally provides for exchange of information, up to a two-year
lease of School Property to the City upon a decision to sell such property to a private Developer, an
option to purchase the property leased, and recording of Development Standards to protect historic
designation and certain other aspects of designated School Property upon sale to a Governmental
Successor.
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NOW, THEREFORE, in consideration of the foregoing Recitals, it is agreed and understood
as follows:
1.0 Definition of Terms.
1.1 "Developer" means a non-governmental person or entity.
1.2 "Development Standards" means the provisions, attached and incorporated
herein as Exhibit A, that may become applicable in the manner described in this MOU to School
Property that is acquired by a Governmental Successor.
1.3 "Governmental Successor" means a potential purchaser of School District real
property within the City that claims exemption under state or federal law from the application of City
land use regulations. Governmental Successor includes, but is not limited to, the state of Colorado
and its agencies, the University of Colorado, other state-supported colleges and universities,
including community and junior colleges, the United States Government and its agencies, and other
"public entities" as defined in C.R.S. § 24-10-103(5).
1.4 "School Property" means all real property owned by the School District and
located within the boundaries of the City.
2.0 Information Exchange. The parties acknowledge that each has access to and develops
certain information from time to time that maybe relevant to the other when considering any school
closures and the impacts of such a closure on affected neighborhoods and other persons. In the
interest of cooperating in the evaluation of such data and to inform the Board's decisions concerning
potential closures, the parties agree to exchange information as follows:
2.1 School District to City.
2. 1.1 Oneoina. To the extent consistent with applicable confidentiality and
records laws, the School District shall periodically give the City access to enrollment information
from its official October student count; enrollment projections and reports including, without
limitation, open enrollment data, student residences, and student yield projections; reports
concerning standardized per-pupil costs; and transportation cost information.
2.1.2 When Potential Consolidation or Closure Is Considered. When the
School District anticipates the potential consolidation or closure of a school facility on School
Property, it shall consider beginning the public review process by the following groups: the District
Advisory Accountability Committer; Facilities Planning Committee; and other district advisory
councils; and shall disseminate specific information to and solicit responses from the City and
affected school communities, parents, and neighborhoods as early in the process as practical.
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2.2 City to School District.
2.2.1 Ongoing. The City shall give the School District information that will
assist the School District in its planning efforts. This will include, without limitation, available
traffic studies and projections; growth projections and demographic studies; recreational needs and
opportunities; subdivision and zoning or rezoning proposals; job studies and housing projections;
potential revisions to the Comprehensive Plan; and updates concerning the City's school excise tax
program.
2.2.2 When Potential Closure Is Considered. The City shall respond with
available information in a timely manner to specific requests for information from the School
District when the potential closure of a facility on School Property is considered. This may include,
without limitation, traffic studies related to the affected areas, potential City uses for the facility, and
demographic and planning data related to the proposed composition of the existing or future
neighborhood and attendance areas affected by the closure.
3.0 Lease of School Facilities. The parties acknowledge that in the event the School
District deternines that any School Property is not needed for its purposes, either during various
portions of the day or year or for a longer term, it may permit the use of the School Property by
community organizations and other persons or entities upon such terms and conditions as it may
approve. When it determines to rent or lease School Property to a third party for other than school or
community purposes, such use shall be subject to all City land use and building and zoning plans,
codes, resolutions, and regulations as required by C.R.S. § 22-32-110(1)(f).
4.0 Sale of School Property for Development. The rights and procedures granted to the
City in this Section 4.0 shall apply only in the event the School District desires ultimately to sell a
School Property to a Developer or desires to sell a School Property to a Governmental Successor
without such Governmental Successor being subject to the Development Standards. In the event that
the School District determines that it may be necessary or advisable to sell a School Property to a
Developer or to sell a School Property to a Governmental Successor without such Governmental
Successor being subject to the Development Standards, it shall first allow the City to have a
reasonable opportunity to determine whether it desires to purchase the School Property in accordance
with the following procedures:
4.1 CiWs Qption to Lease. The School District shall first offer to lease the School
Property to the City for a term of one year ("Initial Term"). Notice of the offer to lease shall state the
rent and other amounts to be paid by the City to the School District for the Initial Term, which shall
be equal to the amount required to pay all costs of operation and maintenance of the School Property
('operational costs") plus (i) the amount of all rentals derived by the City, less operational costs,
should it determine to sublease any portions of the School Property for other than City-permitted free
use by local community non-profit groups, and (ii) for any portions of the School Property that are
not subleased but are occupied or used by the City for City offices or functions, a fair rental to be
agreed upon by the parties prior to the use of such portions of the School Property by the City. The
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City shall have sixty days from the receipt of the School District's notice to in tuna notify the School
District in writing whether it elects to proceed with the leasing of the School Property on the terms
contained in the offer. If the City fails to give written notice of its acceptance within sixty days
following its receipt of the offer to lease, then the City's option on that School Property shall expire,
and the School District may thereafter freely lease and/or sell and transfer its interest in the School
Property to a Developer or to a Governmental Successor. If the City provides notice of its
acceptance of the offer to lease within the sixty-day period, then the School Property shall be leased
to the City, and the parties may proceed as provided in Paragraph 4.2 below. The City agrees that
unless it obtains the Board's prior written consent, it will not sublease and, if it purchases a School
Property pursuant to Paragraph 4.2 below, will not lease or sell any School Propertyto any public or
private school that provides educational programs for any children pre-school through grade 12.
4.2 Ci s tion to Purchase.
4.2.1 During the Initial Term of the City's leasing of a School Property, the
City may determine that it desires to purchase such property. In that event, the City shall give
written notice prior to the expiration of the Initial Term of its intent to purchase and the lease shall
thereby be extended for an additional one year term ("Continuation Term") from the expiration of the
Initial Term. Rent and other amounts due to the School District from the City during the
Continuation Term shall be the same as the Initial Term increased by the percentage change in the
United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all
urban consumers, or its successor index ("Inflation").
4.2.2 Within thirty days of the School District's receipt of the City's notice
of intent to purchase, the parties shall attempt to agree upon the purchase price for the School
Property. If they have been unable to agree within such thirty day period, the price shall be
established in the following manner:
4.2.2.1 Each party shall select a qualified MAI Real Estate Appraiser
within sixty days of the School District's receipt of the City's intent to purchase. The two appraisers
selected shall mutually select a third qualified MAI Real Estate Appraiser. The three appraisers shall
independently appraise the subject School Property based upon its highest and best use applying
applicable provisions and principles of Colorado law. The purchase price for the subject School
Property shall be the value determined by the middle appraisal. Each party shall pay for its own
appraisal and one-half of the third appraisal. The appraisal process shall be completed and a price
determined hereunder within 120 days after the expiration of the 30-day period set forth in Paragraph
4.2.2, which may be once extended by either party for an additional thirty days if necessary to
complete the appraisals. The City's option to purchase (subject to appropriation) shall expire at the
end of the 120-day time period, or the 150-day time period, whichever is applicable, and absent a
written exercise of the option prior to such date, the School District thereafter may freely transfer its
interest in the School Property to a Developer or, subject to the provisions of Paragraph 4.2.3 below,
to a Governmental Successor.
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4.2.2.2 A closing shall be held prior to the expiration of the
Continuation Term as set forth in Paragraph 4.2.1 above, subject to the appropriation of funds by the
City prior to the closing. In the event the closing does not occur within sixty days of the completion
of the appraisal process in Paragraph 4.2.2.1, the School District may elect to have the middle
appraisal updated to the date of closing. The cost of any such updating shall be shared equally by the
parties. During any period prior to closing and after the expiration of the Continuation Term, the
City shall continue to pay rent for the School Property at the rate and amounts during the
Continuation Term:, adjusted by Inflation. If the City fails to close for any reason other than the
School District's inability to deliver merchantable title subject to encumbrances existing at the date
of this MOU, then the City's lease and option shall terminate and the School District thereafter may
freely transfer its interest in the School Property to a Developer or, subject to the provisions of
Paragraph 4.2.3 below, to a Governmental Successor.
4.2.2.3 In the event the City exercises its option but fails to close, as
provided in Paragraph 4.2.2.2, then, within 30 days after the termination of the City's lease, the City
shall reimburse the School District for any amounts paid by the School District for the appraisals.
4.2.3 With respect to Mapleton Elementary School, University Hill School,
Whittier School, and any other School Property having a governmental landmark or historic
designation that has been voluntarily initiated by the Board and approved by the Board and the City,
in the event the City does not exercise its option, as provided in Paragraph 4.2.2.1, or fails to close,
as provided in Paragraph 4.2.2.2, the landmark standards that were applicable as of the daze of
designation shall nevertheless apply as follows. In the event the School District determines to sell a
School Property to a Governmental Successor after having given the City the option to lease and
purchase as provided above in Section 4.0 and the City has not exercised its option, the School
District shall give the City notice as set forth below in Section 5.0; provided, however, that Exhibit A
shall be modified so as to include only paragraph (1), "Historic Preservation."
5.0 Sale of School District Property to a Governmental Successor. The procedures under
this Section 5.0 shall apply in the event the School District desires to sell a School Property to a
Governmental Successor without giving the City the option to lease and purchase as provided above
in Section 4.0. In the event the School District determines to sell a School Property to a
Governmental Successor without giving the City the option to lease and purchase as provided above
in Section 4.0, the School District shall include the terms of this MOU in any contract of purchase
and sale with the Governmental Successor and shall give the City a copy of such contract at least
fifteen days prior to closing any sale with the Governmental Successor. Upon receipt of such notice,
the City, prior to such closing, may elect to have the Development Standards set forth in Exhibit A
apply to the School Property. If the City so elects, the City may record or require the School District
to record the Development Standards prior to the closing as to the subject School Property. If the
City does not elect to have the Development Standards apply to the subject School Property, the
Development Standards shall not apply to the subject School Property and the School District may
freely convey such property to the Governmental Successor without restriction.
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6.0 City's Covenants. In consideration of the School District's promises herein, the City
shall not, without the prior consent of the Board of the School District approved at a public meeting,
re-zone, landmark, designate or otherwise initiate, undertake or cause the imposition of any land use
or development limitations or restrictions upon any School Property during the term of this MOU.
7.0 Term. The term of this MOU shall be three years from the last date of signature on
the signature page. No later than six months prior to the expiration of the third year of the term, the
City Council of the City and the Board shall formally consider whether to extend the term of this
MOU for an additional three years beyond the then current expiration date. Upon a vote by both
parties, this MOU shall be so extended. This same process shall be followed thereafter until the term
of the MOU is not extended and expires. In the absence of formal consideration by either party by
no later than six months prior to the expiration of the MOU, the MOU shall be deemed to have not
been extended.
8.0 Miscellaneous.
8.1 Amendment. This MOU may be amended at any time upon mutual written
agreement of the parties.
8.2 No Third PM Beneficiaries. This MOU shall not be deemed or construed to
confer upon any person or entity, other than the parties hereto, any right or interest, including,
without limiting the generality of the foregoing, any third party beneficiary status or any right to
enforce any provision of this MOU.
8.3 Notice. Any notice required by this MOU shall be in writing and shall be
given by hand-delivery or certified mail, return receipt requested, and addressed to the following:
Superintendent of Schools
Boulder Valley School District RE-2
6500 Arapahoe
P. O. Box 9011
Boulder, Colorado 80301
City of Boulder
Office of the City Manager
P. O. Box 791
Boulder, Colorado 80306
City of Boulder
Office of the City Attorney
P. O. Box 791
Boulder, Colorado 80306
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Notice given by hand-delivery shall be effective immediately and notice by mail shall be effective
three (3) days after it is deposited in the United States mail correctly addressed with sufficient
postage for delivery.
8.4 Entire Agreement. This MOU supersedes all prior discussions, negotiations,
and agreements of the parties, oral or written, with respect to the subject matters covered herein.
8.5 Dispute Resolution. With respect to this MOU or any lease or contract
contemplated by it, both parties shall in good faith use their best efforts to resolve disputes that may
arise by direct consultation, facilitated discussions or mediation, ifpossible, before commencement
of litigation; provided, however, such procedures shall not be a condition precedent to the filing of
litigation in order to protect against the application of any statute of limitations.
8.6 Recording. This MOU shall not be recorded in the records of the Boulder
County Clerk and Recorder unless and until the School District provides notice to the City as
provided in Section 5.0.
8.7 Unenformability of Portions of MOU. If any portion of this MOU is held to
be unenforceable or unlawful by a court of law, the parties hereto intend that the remainder of this
MOU shall not be iffected thereby but shallremain in force and effect. However, this MOU
contains obligations by one party with corresponding obligations to be performed by the other, and to
the extent that one party shall be found to be unable to perform, the other shall be relieved from
performance.
8.8 Supretn Other than as expressly set forth in this MOU, neither the City
nor the School District concedes supervening authority of the other over any matter.
IN WITNESS WHEREOF, the parties have set their hands on the date and year first above
written.
CITY OF BOULDER
B:
Frank Bruno, City M ager
ATTEST:
City Clerk
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Approved as to
City Attorn y
BOULDER VALLEY SCHOOL DISTRICT RE-2
By:
Julie P lips, President
Board of Education
ATTEST:
Sandra M. Eicher, Secretary to the Board
Approved as to form:
r
r
Attorney for e c of District
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Exhibit A
MEMORANDUM OF UNDERSTANDING
Boulder Valley School District RE-2 and the City of Boulder
March 2005
DEVELOPMENT STANDARDS APPLICABLE TO GOVERNMENTAL SUCCESSORS
These Development Standards are approved, effective as of the day of March, 2005,
by the Board of Education (`Board") of the Boulder Valley School District RE-2, a body corporate
and political subdivision of the state of Colorado ("School District"). Subject to the terms,
conditions and limitations set forth herein and in the Memorandum of Understanding, dated as of the
day of March, 2005 ("MOU"), between the School District and the City of Boulder, a
Colorado municipal corporation and home rule city ("City"), these Development Standards shall
apply to School Property that is acquired by a Governmental Successor (as defined in the MOU) and
are for the sole and exclusive benefit of the City and for no other party, nor any resident nor citizen
of the City, nor any person owning real or personal property within the City's boundaries, nor any
persons or entities whatsoever. All of the capitalized words or terms herein shall have the same
meaning as defined in the MOU.
For good consideration and subject to the terms herein and in the MOU, the Board covenants
that these Development Standards shall be in force and effect until released by the City as to any
School Property acquired by a Governmental Successor when triggered and recorded in accordance
with the MOU:
(1) Historic Preservation. With respect to Mapleton Elementary School (inclusion in a historic
district, subject to letter, dated August 16, 1982, from the Office of the City Attorney
concerning the treatment of the School District under state law), University Hill School,
Whittier School, and any other School Property having a governmental landmark or historic
designation that has been voluntarily initiated by the Board and approved by the Board and
the City, the Governmental Successor shall be bound by the landmark standards that were
applicable as of the date of designation.
(2) Standards and Codes. The Governmental Successor shall develop the School Property to
national building, fire, electrical, mechanical and plumbing codes adopted by the
Governmental Successor. The Governmental Successor shall consult with the City
concerning its standards and codes. Realizing that development and construction will be
undertaken upon Governmental Successor land, it is understood that the Governmental
Successor's planning and development process, rather than the City's, shall be the process
used by the Governmental Successor for planning, developing, and construction on the
School Property. New facilities constructed on the School Property, if it is within a flood
control zone, shall meet the requirements of both the Urban Drainage and Flood Control
District and the Federal Emergency Management Agency.
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(3) Use. The Governmental Successor has the right to develop the School Property for its
purposes as authorized by law. The City Manager will be notified by the Governmental
Successor of proposed projects.
(4) Site Plan. The Governmental Successor shall create its own master plan or site plan for the
School Property.
f (5) Hei t Limit. The height limit set in Boulder City Charter Section 84 shall apply to the
r~ School Property acquired by the Governmental Successor.
(6) Health and Safety Standards. All inspections of buildings constructed on the School Property
shall be conducted by a qualified inspector (who may be a Governmental Successor
employee) authorized by the Governmental Successor to conduct such inspections. The
Governmental Successor may request inspection by the City.
(7) Plan Submittal. The plans for buildings to be constructed on the School Property, together
with any site, architectural, engineering, utility and landscape plans of the Governmental
Successor with respect to a School Property shall be furnished to the City for review and
comment. Post-construction documents shall be furnished to the City, upon the City's
request, for health•and safety response information. .
(8) Liabili By these Development Standards, the City assumes no duty to oversee the
development of the land, and neither party assumes any liability for any actions of the other
party.
(9) Scope. No inferences shall be drawn concerning issues not specifically dealt with or
discussed in this document. Other than as expressly set forth in these Development
Standards, neither the City nor the Governmental. Successor concedes supervening authority
of the other over any matter.
(10) Term. The term of these Development Standards shall commence upon the date of recording
in the records of the Boulder County Clerk and Recorder and shall expire, unless sooner
terminated as herein provided, on the date that is 25 years after the date of recording.
(11) Amendment. The Governmental Successor and the City mayby amendment terminate these
Development Standards with respect to the School Property.
(12) Interpretation. All terms of this document shall be severable. The words "will" and "shall"
shall both be interpreted as mandatory, not directive.
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IN WITNESS WHEREOF, the Board has approved these Development Standards to be
executed and its seal attached as of the date and year first above written.
Attest; Boulder Valley School District RE-2
By' 0 -Yyx By: d I 1P I'll 1
Sandra M. Eicher, Secretary Julie 1 tps, President
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