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ITEM NO: \5' I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
January 24, 2005
TITLE:
A RESOLUTION FINDING A PETITION FOR ANNEXA TION OF
A PARCEL OF LAND LOCATED IN SECTIONS 19,20,29, and 30,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF
COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH
SECTION 31-12-107(1), COLORADO REVISED STA TUTES AND
SETTING A HEARING DA TE TO CONSIDER THE
ANNEXATION,
o PUBUC HEARING
o BIDSIMOTIONS
(8'J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial'
o
Yes
r81
No
~ 1Iit-_
City~:;--'~
Community Development DII"ector
EXECUTIVE SUMMARY:
An annexation petitIOn was submJlled to the City on January 14,2005 by owners of certam property
situated generally west of 1-70 and south of State Highway 58, consisting of approximately 198 acres.
The MUniCipal Annexation Act establishes the procedures for annexation of unmcOlporated temtory
by a municipality. The first step is the presentation of the petitIOn to City Council and the
determmatlon by CIlY Council whether the propel1y In question IS eligible for annexation under the
statutes, and If so, sellmg a heanng date to consider the annexation_
Under the statutes, territory is eligible to be annexed If more than 50% of the owners of more than
50% of the land sought to be annexed Sign the anneJ\.ation petition, at least 116 of the boundary of the
land sought to be annexed is contiguous with the current City boundary, that a commumty of interest
exists between the area proposed to be annex.ed and the annexing mUnicipality, that the area i~ urban
or Will be urban in the near fUlure, and that said area is or IS capable of being integrated with the
annexmg municipality,
COMMISSIONIBOARD RECOMMENDA nON:
None, Only the Council acts upon annexation petitions.
ST A TEMENT OF THE ISSUES:
Originally Cabela's and Coors mtended to sub/l1lt annexation petitions along wIth an Outline
Development Plan and the required documentation for a rezomng request. These two requests were to
be processed concurrently and scheduled for public hearings on the same night. While the CIty was
processing the annexation and zoning requests, Cabela's and Coors were going to seek the necessary
approvals from Jefferson County and the State to proceed with excavation and leveling of the property
in question. It became apparent that it would be more efficient if Cabela' s and Coors dealt with only
one jurisdiction, the City of Wheat Ridge, with regard to development issues. Cabela' s and Coors
have elected to request annexation separately from the zoning request, and wIll submit an application
for a SpeCIal Use Permit to undertake the excavation and leveling of the site.
If City Council approves the annexation on February 28th, under the MuniCIpal Annexation Act, the
City is required to zone the property within 90 days. The zoning request and the Outline Development
Plan Will be submitted and reviewed such that thIS requirement will be met. It is also antIcIpated that
at least two Final Development Plans and a final plat WIll be conSIdered by CounCIl at the same
heanng as the Outline Development Plan, These plans WIll also be reViewed by Planmng
CommiSSIOn,
The deCision to annex a property IS a legIslative deciSion of City Counctl. The 1/6 contiguity
requirement IS met. The petitioners represent more than 50% of the landowners owmng more than
50% of the land proposed for annexation, There is a commumty of mterest between the City and the
land to be annexed, the area is surrounded by urban development and likely will be urban Itself in the
near future, and the area IS capable of bemg mtegrated With the City. The area meets the annexation
eligibility requirements established in the MuniCIpal Annexation Act,
At TERNA TIVES CONSIDERED:
The City Council under the Wheat Ridge Code of Laws has three options to consider With the
petitIOns:
L Adopt a motion adopting the resolution,
2. Adopt a motion to table action on the petitions for up to 180 days.
3. Adopt a motion to not adopt the resolution_
FINANCIAL IMPACT:
The annexatIOn of the property will create an ImmedIate responsiblhty of the City to provide pohce
protectIOn, thus mcumng some financIal Impact whIch is unguantJfiable at thiS tIme \Vllh
development of the property, the City WIll receive sales and property tax revenues generated by the
busmesses and Improvements on the property, The City WIll receIve one-lime use tax revenue on
budding matenals and one-tIme fees for annexation, zoning, and engineering revIew
RECOMMENDED MOTION:
"1 move to adopt Resolution No 08-Z005 , finding the CoorslCabela's annexation to be ehgible
for annexatIOn and settmg a heanng date to consIder annexing the property on February 28, 2005 "
Report Prepared by: Alan White, Community Development Director
ReVIewed by' Gerald Dahl, City Attorney
Attachments:
L Resolution No, 08-Z005
With attachments
Resolution No. 08
Series of 2005
TITLE:
A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A
PARCEL OF LAND LOCATED IN SECTIONS 19,20,29, and 30,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRJNCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE
IN SUBSTANTIAL COMPLIANCE WITH Section 31-12-107(1),
COLORADO REVISED STATUTES AND SETIING A HEARING DATE
TO CONSIDER THE ANNEXATION.
WHEREAS, a written petItion for annexation to the City of Wheat RIdge, Colorado of a certam
parcel of land as descnbed in attached Exhibit A was filed with the City Clerk and referred by
her to the City Council. and
WHEREAS, pursuant to CR.s, Section 31-12-107. this City Council, SIltIng as the govemmg
body of the City of Wheat RIdge, Colorado, has reviewed the petitIOn to detenmne whether there
has been substantial compliance WIth CR.S, 31-12-107(1}; and
WHEREAS, the City CounCIl has satisfied Itself concemmg the substantial compliance of the
petItion with CR.S. 31-12-107(1),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCrL OF THE CITY OF
WHEAT RIDGE, COLORADO, AS FOlLOWS:
SectIOn J, The wntten petition for annexatIOn substantIally comphes With CR5 SectIOn 31-12-
107(1 ),
SectIOn 2, A pubhc heanng on Said petItIOn shall be conducted at 7:00 pm on the 28th day of
February, 2005 at the City of Wheat Ridge MuniCipal BUlldmg which IS located at 7500 W, 29th
Avenue. Wheat Ridge, Colorado. 80215. to detenmne If the proposed annexation complies With
CR.S_ Sections 21 - 12-104 and 31-12-105 or such part thereof as may be reqUired to establish
ehgibihty under the terms of Titlc 31, ArtIcle 12, Part 1, as amended, known as the MUnJclpal
Annexation Act of 1965. and the ConstitutIon of the State of Colorado, Article n, SectIOn 30, as
amended,
Section 3. Any person may appear at Said heanng and present eVidence upon any matter to be
detemuned by the City Council.
Section 4, This Resolution shall be effective Immediately upon adoptIOn.
RESOLVED AND PASSED thIS _ day of
,2005,
A TT ACHMENT 1
ResolutIOn No _
ArrEST:
Pamela Anderson, City Clerk
Page 2
CITY OF WHEAT RIDGE, COLORADO
Gretchen Cerveny, Mayor
Exhibit A
COORS/CABELA'S ANNEXATION NO. I
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 19, THE SOUTHWEST 1/4 OF SECTION
20, THE NORTHWEST 1/4 OF SECTION 29, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF
SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFfERSON, STATE Of COLORAOO, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER Of THE SAID NORTHEAST 114 OF THE NORTHEAST 1/4 OF
SECTION 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES S(WO\'50"E ALONG THE EAST
LINE OF THE SAID NORTHEAST 1/4 OF SECTION 30,1320.79 FEET;
THENCE S89clO'OYW ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30,1315,31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4,
THENCE NOO055'47"W ALONG SAID WEST UNE, 132036 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 Of SECTION 19;
THENCE NOOOOT30"E ALONG THE WEST UNE Of SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,913.46
FEET TO THE SOUTHWEST LINE OF THAT 80" WIDE DENVER WATER BOARD EASEMENT RECORDED AT
RECEPTION #92130445 IN THE JEfFERSON COUNTY CLERK AND RECORDER'S OFFICE;
THENCE S8900T3 J oW, 57.62 FEET TO A NON-T ANGEl'll CURVE CONCA VE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC Of SAID CURVE
212,18 FEET, SAID CURVE HAVING A CHORD OF 21 1.55 FEET WHICH BEARS N50055'48"W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESITRL Y HAVING A RADIUS OF 152961 FEET,
THENCE THROUGH A CENlltAL ANGLE OF 12049"33". WESTERLY ALONG THE ARC OF SAID CURvE 342.40
FEET. SAID CURVE HAVING A CHORD OF 341,69 FEET WHICH BEARS N75038'51"W TO A POINT Of
COMPOUND CURV A nJRE OF A CURVE CONCAVE SOUTHERL Y HA VING A RADIUS OF 1022.2:3 FEET,
THENCE THROUGH A CENlltAL ANGLE OF 10005'16". WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY.
THENCE S87C51'(WW, 175,73 fEET.
THENCE NO()023'I2"W, 17456 FEET TO THE SOUTH UI'E OF THE NORTH 112, OF THE SOUTHEAST 1/4 OF
SAID SECTION 19;
THENCE S8~n I"W ALONG SAID SOUnt LINE, 4 I 063 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH 1f2;
THENCE NOO"23'12"W ALONG THE WEST LINE OF THE SAID NORTH 112, 171 61 FEET TO A NON-TANGENT
CURVE CONCA VE NORmWESTERL Y HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF BOOnO.. NORTHEASTERLY ALONG THE ARC OF SAID CURVE
467,15 FEET, SAID CURVE HAVING A CHORD OF 45132 FEET WHICH BEARS N280I3"09"E TO THE POINT OF
TANGENCY;
rnENCE NOI04I'59"E, 39BS fEET TO lltE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN TIlE
CITY Of WHEAT RIDGE ANNEXATION NO 9J-S. ORDINANCE NO 1116, SERIES OF 1991, ALSO BEING mE
NORTH RIGHT-Of.WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2177, PAGE 361lN rnf. JEFfERSON COUNTY CLERK AND RECORDER'S OFFICE;
TlfENCE NI7"01'30"E ALONG SAID BOUNDARY AND SOUTH RIGHT -OF-W A Y LINE AND ITS EASTERLY
EXTENSION, 2907.23 fEET TO THE NORntWEST RIGHT -OF- WAY UNE OF THA T PARCEL FOR INTERSTATE
70 RECORDED IN BOOK I 17S, PAGE 159 IN SAID OFFICE;
TIlENCE N31"5O" 10"E ALONG TIlE WEST UNE OF SAID STATE HIGHWAY PARCEL, 138,70 FEET TO THE
SOUllt LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160;
THENCE N73042"3S"E ALONG SAlD sourn l.INE, 322,71 FEET TO WEST LINE Of mE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORA nON DOCUMENTS
RECORDED IN BOOK 2111 AT PAGE 521 IN SAIDOFFlCE;
THENCE SOI"06'lrw, AlONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RlGHT-OF-W A Y UNE
OF SAID lNTERST A TE 70;
ntENCE SSI"~'22"W, ALONG SAID SOUTH RIGHT -OF-W A Y LINE, 559,4() FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895. PAGE 55.
EXHIBIT A
THENCE S38052'45"W, ALONG SAID SOUTHEAST RlGHT -oF-W A Y LINE, 13570 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RlGHT -OF-W A Y LINE, 23223 FEET TO THE WEST LINE OF SAID
SOUTHWEST 1/4 OF SECTION 20;
THENCE 500008'1 I"W, ALONG SAID WEST LINE, 75242 FEET TO THE SOUTHEAST CORNER OF THE NORTH
1/2, OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE S8900T3I"W. ALONG THE SOUTH liNE OF SAJD NORTH 112. 1319,03 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST 1/4. OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE 5OO00730"E. ALONG THE WEST LINE OF SAID SOUTHEAST 1/4. 382,28 FEET TO THE NORTH LINE
OF THAT PARCEL DESCRlBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752lN SAID OFFICE;
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES'
I) N89"52"30"E, 42500 FEET,
2) N6405T30"E. 177 70 FEET;
3) S89"39'40"E. 731,27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 20;
THENCE Nooo08'II-E ALONG SAID WEST LINE. 7,56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24. ROXBURY GARDENS. DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
~09337790 IN SAID OffICE;
THENCE N89"01'07"E ALONG SAID NORTH LINE. 990.43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR
COURSES;
I) SOOC4 1'5YE, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) SOOC45'49"E, 1321 80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SAID
NORTHWEST 1/4 OF SECTION 29;
3) SOO043'42"1O. 24 1.50 FEET;
4) S0602)'48-W, 82,23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEAT RIDGE BOUNDARY, AS DESCRIBED IN THA T
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OffICE;
THENCE S89o:!4'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30;
THENCE NOloOnOW ALONG SAID EAST LINE. 323 40 FEET TO THE POINT OF BEGINNING,
CONTAINING AN AREA OF 198,040% ACRES
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ITEM NO: _ll A. I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
January 24, 2005
TITLE:
RESOLUTION 03-2005: AUTHORIZING JEFFERSON COUNTY
OPEN SP ACE TO COMPLETE AN APPRAISAL,
ENVIRONMENTAL ASSESSMENT, SURVEY AND NEGOTIATE
THE FAIR MARKET VALUE OF THE PARCEL LOCATED
SOUTH OF HIGHWAY 58 AND WEST OF 1-70, KNOWN AS
PARCEL #39-203-01-004
o PUBLIC HEARING
~ BID Sf MOTIONS
o RESOLUTIONS
o ORDINANCES FOR I ST READING (Date: _)
o ORDINANCES FOR 2ND READING
QuaSI-JudIcial:
o
Yes
~
No
c~
Pafks
V
)
,
~~
City Man r a
EXECUTIVE SUMMARY:
The City of Wheat Ridge Parks and Recreation Department has the opportunity to acquire land located
at the intersection of Highway 58 and 1-70 (southwest comer), for the purposes of use as open space,
It is contiguous to the City of Wheat Ridge Greenbelt and will maintain the open space buffer between
the Clear Creek trail and Highway 58. This property is currently owned by Jefferson County, It is
antIcipated that this property will be annexed mto the City of Wheat Ridge as part of the proposed
development in this area. This resolution authorizes Jefferson County Open Space to proceed with
due dilIgence of the property and to negotiate the fair market value, The actual purchase of the
property will reqmre an additional resolution to be passed by City Council
COMMISSIONfBOARD RECOMMENDATION:
The Parks and Recreation CommIssion wIll consider the acquisition of this property at their meeting
on January 19, 2005,
STATEMENT OF THE ISSUES:
This property IS contiguous to the CIty of Wheat Ridge Greenbelt located on the north side of Clear
Creek. This property WIll maintain the Open Space buffer along the creek between Highway 58 and
the Clear Creek traiL Once this property is annexed into the City of Wheat Ridge, the property will be
located in one government jurisdiction and owned and maintained as open space by a second
jurisdiction (Jefferson Count)), It is the county's desire to not retain ownership under this situation,
ALTERNATIVES CONSIDERED:
To not purchase the property.
FINANCIAL IMP ACT:
There is no direct financial impact required to acquire the property, The City of Wheat Ridge would
be using previously purchased properties as a substitute for the 25% cash match required by Jefferson
County Open Space, The property if approved by Open Space AdVISOry Committee (OSAC) would be
purchased entirely with bond funds, There would not be any additional improvements or amenities
added to the property at this time, as It would be maintained as an open space buffer
RECOMMENDED MOTION:
"I move to approve Resolution 03-2005, Authorizing Jefferson County Open Space to Proceed With
Acquiring an Appraisal, Survey, Environmental Assessment and to Negotiate the Fair Market Value
on Parcel #39-203-01-004."
or,
"I move to table indefinitely Resolution 03-2005, Authorizing Jefferson County Open Space to
Proceed with Acquiring an Appraisal, Survey, Environmental Assessment and to Negotiate the Fair
Market Value on Parcel #39-203-01-004 for the following reason(s)
"
Report Prepared by'
Reviewed by.
Joyce Manwaring, Parks and Recreation Director
Randy, Young, City Manager
Attachments:
I, Resolution 03-2005
2. Map
050124 CAF Jeffco Annexation parcel
RESOLUTION NO. 03
SERIES OF 2005
TITLE:
A RESOLUTION AUTHORIZING JEFFERSON COUNTY OPEN
SPACE TO COMPLETE AN APPRAISAL, ENVIRONMENTAL
ASSESSMENT, SURVEY, AND NEGOTIATE THE FAIR MARKET
VALUE OF THE PARCEL LOCATED SOUTH OF HIGHWAY 58
AND WEST OF 1-70, KNOWN AS PARCEL#39-203-01-004
WHEREAS, The City of Wheat Ridge has deemed the acquisitIOn of this parcel a high
priority;
WHEREAS, The City of Wheat Ridge desires to investigate the value and negotiate the fair
market value of this property,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge Colorado, as follows:
I) Jefferson County Open Space be Authorized to Complete an Appraisal,
Environmental Assessment, Survey, and Negotiate the Fair Market Value of the
Above Referenced Parcel, and
2) This Parcel is A High Priority Acquisition for Open Space and the Future Uses will be
for Park and Recreation Purposed.
3) The Cost of the Acquisition Including Land Cost, Appraisal, Environmental
Assessment, and Closing Costs will be Paid From the Jefferson County Bond Funds
with the City of Wheat Ridge Match Requirement of 25% Met Through 1998
Acquisition Expenditures.
4) The Mayor and City Clerk be Authorized to Sign the Environmental Indemnification
Agreement
DONE AND RESOLVED THE 24th DAY OF JANUARY 2005.
Gretchen Cerveny, Mayor
ATTEST
Pamela Y. Anderson, City Clerk
ATTACHMENT 1
;-----------------------
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TITLE.
:\:'\ ORIH:\A'\CF. ".:"'\F.XI'\G TO THE <. In OF WHF\ T RIDGE
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Cabela's I Coors land Use Applications
Future Meeting Schedule
February 1, 2005
The following dates have been tentatively confirmed and in some cases will require official public
notice While this schedule is based on the best available information at this time, some meetings
may be subject to change It is recommended that each meeting on this list be confirmed prior to
attendance
. February 2nd, 7p.m.
Clear Creek Valley Homeowners Council
Location: The Arbor House
. February 9th, 7p.m.
Neighborhood Meeting for the Special Use Permit (Excavation)
Location. The Manning School
. February 16th, 7p,m.
Fairmount Improvement Association
Location Fairmount Elementary School
. February 28th, 7p.m,
Public Hearing before the City Council (Annexation)
Location: Wheat Ridge City Hall
. March 9th, 4-8p.m.
Open House
Location, Denver West Marriott, Salon A
. April 7th, 7p.m.
Public Hearing before the Planning Commission (Zoning & Plat)
Location, Wheat Ridge City Hall
. April 25th, 7p.m.
Public Hearing before the City Council (1st Reading Zoning & Plat)
Location Wheat Ridge City Hall
. May 23rd , 7p.m.
Public Hearing before the City Council (2nd Reading)
Location: Wheat Ridge City Hall
ITEM NO: :2 I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
January 24, 2005
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEA T RIDGE
UN IN CORPORA TED TERRITORY KNOWN AS THE
CABELA'S/COORSISALTER PARCEL LOCATED IN
JEFFERSON COUNTY.
D PUBUC HEARING
o BIDSIMOTIONS
D RESOLUTIONS
[8J ORDINANCES FOR 1ST READING (Date: January 24, 2(05)
o ORDINANCES FOR 2ND READING
Quasl,JudlclaL
o
Yes
[8]
No
4td6lc-
Community Development Director
S;rQ
City Mana r \
EXECUTIVE SUMMARY:
Under the MUniCipal Annexation Act, the annexation of properly to a mUnicipality must be
accomplished by ordmance, AdoptIOn of the attached ordinance on first reading also sets the public
hearing to consIder the annexation of the Cabela'slCoorslSalter parcel for whIch an annexation
petition was submitted to the City on January 14,2005,
The properly meets all of the eligibility reqUIrements establIshed In the Act for annexing properly
COMMISSIONIBOARD RECOMMEND A TlON:
None. Only the Council acts upon annexallon petitIOns,
STATEMENT OF THE ISSUES:
If City Council approves the annexatIon on February 28th, under the Municipal Annexation Act, the
City is requlfed to zone the properly within 90 days, The zOning request and the Outline Development
Plan will be submmed and reViewed such that thiS requirement will be n_::\. It IS also antIcipated that
at least two Final Development Plans and a final plat will be considered by CounCil at the same
heanng as the Outhne Development Plan, These plans will also be revIewed by Planning
ConuTIISSlOn,
The decisIOn to annex a property is a legislatIve decIsion of City CouncIL The 1/6 contIgUIty
requirement IS met The petitIOners represent more than 50% of the landowners owmng more than
50% of the land proposed for annexatIOn There IS a communIty of Interest between the City and the
land to be annexed, the area is surrounded by urban development and lIkely wIll be urban Itself in the
near future, and the area is capable of being integrated wIth the City. The area meets the annexatIon
eligibility reqUIrements established in the Mumcipal Annexation Act.
AL TERNA TIVES CONSIDERED:
The City CounCIl has two options to consider wIth the ordinance:
1. Adopt a motion to adopt the ordinance.
2. Adopt a motion to table the ordinance Indefimtely.
FlNANCIAL IMPACT:
The annexatIon of the property WIll create an Immediate responSIbIlIty of the CIty to proVIde polIce
protectIon, thus incumng some financial Impact which IS unquantlfiable at thIS tIme, With
development of the property, the City WIll receIVe sales and property tax revenues generated by the
bUSinesses and improvements on the property_ The City will receive one-time use tax revenue on
building materials and one-tIme fees for annexatIon, zoning, and engmeering review
RECOMMENDED MOTION:
"I move to approve CounCIl Bill 01-2005 on first reading, order it published, publIc heanng
set for Monday, February 28,2005 at 7:00 p.m, in City Council Chambers, and that It take effect
immediately upon adoption."
Report Prepared by: Alan White, Community Development DIrector
ReVIewed by: Gerald Dahl, City Attorney
Attachments:
1. Council Bill No. 01-2005
with attachments
INTRODUCED BY COUNCILMEJ\1BER
Council Bill No. ~
Ordinance No.
Series of 2005
TITLE:
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS THE
CABELA 'S/COORSISAL TER PROPERTY LOCATED IN JEFFERSON
COUNTY.
WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City
Council of the City of Wheat Ridge, Colorado, a written petition for annex.atton to the CIty of
that property described in attached Exhibit A, being contiguous umncorporated temtory
contiguous to the City and Iymg 10 the County of Jefferson, State of Colorado (the Property); and
WHEREAS, the Property is further described on the Annex.atlOn Map attached hereto as Exhibit
B; and
WHEREAS, the Petitioners constitute more than fifty percent (50%) of the owners, and owmng
more than fifty percent (50%) of the Property; and
WHEREAS, the City CouncIl has conducted a publIc heanng folJowmg public notIce as required
by law to detenrune the eligibihty for annexatIOn of the Property; and
WHEREAS, the City CouncIl has satIsfied itself concerning the eligIbIlity for annexatIOn of the
Property, and concernmg the conformance of the proposed annexation to the apphcable law and
the annexatIon policy of the City; and
WHEREAS, the City Council hereby finds that the Property IS elIgIble for annexatIOn to the City
and that the proposed annexation conforms WIth apphcable law and the annexation pohcy of the
City
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Sectton I. The annexatIOn to the City of Wheat RIdge, Colorado, of that Property descnbed in
attached Exhibit A, lying in the County of Jefferson, State of Colorado, meets all reqUIrements
of law and the annexation pohcy of the City of Wheat Ridge, and the same is hereby approved
and made effective,
Section 2. Zomng of the Property shall be accomplished WIthin the time established by C.R_S_
31-12-115 and the procedures estabhshed by the Home Rule Charter and Code of Laws of the
City of Wheat Rldge_
ATTACHMENT 1
SectIOn 4, Immediately upon completion of the filing required by SectIOn 6 hereof, the
annexatIon shall be effectIve and the Property shall become subject to the laws of the State of
Colorado pertam10g to cities and to the Charter and all ordinances, resolutIOns, rules and
regulations of the City of Wheat Ridge,
SectIon 5, One copy of the Annexation Map, together with the origmal of this Ordinance, shall
be filed 10 the office of the City Clerk.
SectIon 6. The City Clerk shall file for record1Og three certified copies of this Ord1Oance and the
Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado_
SectIOn 7. This Ordinance shall become effective upon adoptIOn on second reading, as
permitted by Section 5,11 of the Home Rule Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _
day of ,2005, ordered published 10 full 10 a newspaper of general
CIrculation 10 the City of Wheat Ridge and Public Hearing and conSideration on final passage set
for ,2005, at 7-00 p,m" 10 the Council Chambers, 7500 West
29th A venue, Wheat Ridge, Colorado,
READ, ADOPTED, AND ORDERED PUBUSHED on second and final reading by a vote of
to _, this day of , 2005.
SIGNED by the Mayor on this
day of
,2005.
GETCHEN CERVENY, MAYOR
ATTEST:
Pamela Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Pubhcation:
2nd Publication:
Wheat RIdge Transcnpt
Effective Date:
Exhibit A
COORS/CABELA'S ANNEXATION NO.1
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECTION ]9, THE SOUTHWEST 1/4 OF SECTION
20, THE NORTHWEST 1/4 OF SECTION 29, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF
SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS.
BEGINNING ATTHE SOUTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES S01001'50"E ALONG THE EAST
LINE OF THE SAID NORTHEAST 1/4 OF SECTION 30, 132079 FEET;
THENCE S890I0'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30,1315,31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4,
THENCE Noo055'47MW ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE Nooo07'30ME ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,913 46
FEET TO THE SOUTHWEST LINE OF THA T 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT
RECEPTION #92130445 IN THE JEFFERSON COUNlI' CLERK AND RECORDER'S OFFICE,
THENCE S89007'31"W, 57.62 FEET TO A NON-TANGENT CURVE CONCA VE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE Of J 502]'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212,18 FEET, SAID CURVE HAVING A CHORD OF 21 1.55 FEET WHICH BEARS N50055'48"W TO A NON,
TANGENT CURVE CONCA VE SOUTHWESTERL Y HA VING A RADIUS OF 1529,61 FEET,
THENCE THROUGH A CENTRAL ANGLE Of 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 34240
FEET, SAID CURVE HAVING A CHORD OF 341.69 FEET WHICH BEARS N75038'51"W TO A POINT OF
COMPOUND CURV A TURE OF A CURVE CONCA VE SOUTHERL Y HAVING A RADIUS OF 1022.23 FEET,
THENCE THROUGH A CENTRAL ANGLE Of 10"05'16", WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY,
THENCE S8705I'06"W, 175,73 fEET.
THENCE NOO023'12"W, 17456 fEET TO THE SOUTH LINE Of THE NORTH 1/2, Of THE SOUTHEAST 1/4 OF
SAID SECTION 19;
THENCE S89007'3I"W ALONG SAID SOUTH LINE, 410,63 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORm 112,
THENCE NOO~3'I2"W ALONG THE WEST LINE OF THE SAID NORTH 1f2, 171.61 FEET TOA NON-TANGENT
CURVE CONCA VE NORTHWESTERLY HA VING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 53002"20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
46785 FEET. SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N280I3'09"E TO THE POINT OF
TANGENCY,
THENCE NOI 041'59"[,392,35 FEET TO THE CIlI' OF WHEAT RlIXiE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RlIXiE ANNEXATION NO 93-5, ORDINANCE NO, 1116, SERIES OF 1998, ALSO BEING THE
NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2171, PAGE 367 IN THE JEffERSON COUNTY CLERK AND RECORDER'S OFFICE,
THENCE NI700I'30"E ALONG SAID BOUNDARY AND SOUTH RIGHT -oF-W A Y LINE AND Irs EASTERLY
EXTENSION, 290723 FEET TO THE NORTHWEST RIGHT -OF- WAY LINE OF THAT PARCEL FOR INTERSTATE
70 RECORDED IN BOOK 1815. PAGE 159 IN SAID OFFICE.
THENCE NJ8"50'10"E ALONG THE WEST LINE OF SAID STATE HIGHWAY PARCEL, 131\.70 FEET TO THE
SOUTH LINE Of THAT PARCEL RECORDED IN BOOK 2]63, PAGE 160;
THENCE N7Jo42"311"E ALONG SAID SOUTH LINE, 322,71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RlIXiE INCORPORA nON DOCUMENTS
RECORDED IN BOOK 2118 AT PAGE 521 IN SAID OFfiCE;
THENCE 501 "06'1 2"W, ALONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RIGHT -oF-WA Y LINE
OF SAID INTERSTATE 70;
THENCE S&8056"22"W, ALONG SAID SOUTH RIGHT -oF-W A Y LINE. 55940 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55,
EXHIBIT A
THENCE S38052'45"W, ALONG SAID SOUTHEAST RIGHT-OF. WAY LINE, 13570 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RIGHT -OF-W A Y LINE, 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST ]/4 OF SECTION 20;
THENCE 500008'] I"W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
112, OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE S89007'31"W, ALONG THE SOUTH LINE OF SAID NORTH 112, 1319,03 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST 1/4, OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE Sooo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,382.28 FEET TO THE NORTH LINE
OF THAT PARCEL DESCRIBED IN THAT D<XUMENT RECORDED AT BOOK 1992, PAGE 752 IN SAID OFFICE,
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES,
\) N89"52'30"E, 42500 FEET;
2) N64057'30"E, 177 70 FEET;
3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 20;
THENCE Noo008'II"E ALONG SAID WEST LINE, 756 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THA T D<XUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N89001'07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RlGHT-OF.WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT -oF-W A Y LINE THE FOLLOWING FOUR
COURSES,
/) Soo041'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) Soo045'49"E, 1321,80 FEET TO THE SOUTH LINE OF THE NORTHWEST] /4 OF THE SAID
NORTHWEST 1/4 OF SECTION 29;
3) Soo043'42"E, 24 J ,50 FEET;
4) S06023'48"W, 82.23 fEET TO THE SOUTH LINE OF LOT 16. SAID ROXBURY GARDENS. ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEA T RIDGE BOUNDARY, AS DESCRIBED IN THA T
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFfICE,
THENCE S89"24'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986 91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30;
THENCE NOloOl'50W ALONG SAID EAST LINE, 32340 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 198,040% ACRES
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PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO
RE: PROPERTY KNOWN AS' Cabela's /Coors/Salter Parcel
The undersigned landowners, m accordance with the provisions of Title 3 I, ArtIcle 12,
Part 1, C .R,S and known as the Municipal Annexation act of 1965, as amended, hereby petition
the City Council for annexation to the City of Wheat Rldge the following described
unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit:
(See attached Exhibit A attached hereto
and incorporated herein by reference,)
Your petitIOners further state as follows
I, That it is desirable and necessary that such area be annexed to the City of Wheat
R]dge, Colorado,
2, That the area sought to be annexed meets the requirements of Sections 31-12-104 and
105, as amended, of the Mumcipal annexation Act of 1965, III that:
A. Not less than one-sIxth (1/6) of the perimeter of the area proposed to be
annexed]s contIguous with the eXIsting boundarIes of the CIty of Wheat Ridge,
Colorado
R A commumty of interest eXIsts between the area proposed to be annexed and
the City of wheat Ridge, Colorado.
C, The area proposed to be annexed is urban or w]ll be urban in the near future
and said area is integrated or IS capable of being integrated wIth the CIty of Wheat
Ridge, Colorado.
D, No land held in identical ownership, whether consisting of one tract or parcel
or real estate or two or more contIguous tracts or parcels of real estate:
(1) is divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels are
separated by a dedicated street, road, or other public way.
(2) comprising 20 acres or more and which, together with the buildings
and improvements situated thereon, has a valuation of assessment in
excess of $200,000.00 for ad valorem tax purposes for the year next
preceding the annexation, IS included Within the area proposed to be
annexed without the written consent of the landowner or landowners,
E. No annexation proceedings have been commenced for the annexation to
another mumclpahty of part or all to the territory proposed to be annexed,
F The annexatIOn of the area proposed to be annexed will not result In the
detachment of the area from any school district and the attachment of same to
another school dlstnct.
G, The annexatIOn of the area proposed to be annexed will not have the effect of
extending the boundary of the CIty of Wheat RIdge more than three mIles in any
dIrectIOn from any pOint of the Clty=s boundary In anyone year
H If a portIOn of a platted street or alley is to be annexed, the entire WIdth of said
street or alley is Included WIthin the area to be annexed,
L Reasonable access shall not be demed to landowners, owners of easements or
the owners of franchIses, adJoimng any platted street or alley to be annexed that
will not be bordered on both SIdes by the CIty of Wheat RIdge.
3 That attached hereto and mcorporated herein by reference are four (4) pnnts of the
annexatIOn map, contaimng the follOWing mformatlOn,
A. A written legal descnption of the boundaries for the area proposed to be
annexed,
B A map shOWing the boundary of the area proposed to be annexed,
C Within the annexation boundary map, a shOWing of the location of each
ownership tract of unplatted land, and, WIth respect to any area whIch is platted,
the boundaries and the plat numbers of plots or lots and blocks,
D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City of Wheat Ridge and the contiguous boundary of
any other muniCIpality abuttmg the area proposed to be annexed,
4. That the petitIOners are the landowners of more than fifty percent (50%) of the area
sought to be annexed, exclusive of streets and alleys,
5. That all of the petItIoners SIgned thIS PetitIOn for annexation no more than 180 days
pnor to the date of filing of this PetitIOn for Annexation,
6, That this Petition for annexatIon satisfies the requirements of Article II, SectIOn 30, of
the ConstitutIon of Colorado in that it is signed by persons comprising more than fifty
percent (50%) of the landowners in the area proposed to be annexed who own more than
fifty percent (50%) of said area, excluding public streets and alleys and any land owned
by the CIty of Wheat Ridge,
7 That upon the AnnexatIon Ordinance becommg effectlve, all lands wIthm the area
sought to be annexed shall become subject to the ordmances, resolutIons, rules and
regulations of the City of Wheat Ridge, except for general property taxes whIch shall
become effectlve on January I of the next succeedmg year followmg passage of the
Annexation Ordmance.
Therefore, your petltlOners respectfully request that the CIty Council of the City of Wheat
Ridge, Colorado, approve the annexation of the area proposed to be annexed,
Whenever from the context if appears appropnate, each tenn stated m eIther the smgular
or plural will include the other, and pronouns stated m eIther the masculme , femmme or the
neuter gender will mclude each of the other genders,
SIgnature of
Landowner
Date of
SIgnature
Mailing Address
of Landowner
Legal Descnptlon
of Land Owned
~ /-16-0\
Ofle {'ttWtL-' IJr1r'0
-5IO"-'E.11 (v(
1P9/&c
AFFIDAVIT OF CIRCULATOR
The undersIgned, beIng oflawful age, who beIng first duly sworn upon oath, deposes and
says
That (he or she) was the circulator of the foregoIng PetItIon for Annexation oflands to the
CIty of Wheat Ridge, Colorado, consistIng of _ pages, Including thIS page, and that each
sIgnature thereon was wItnessed by your affiant and is the true signature of the person whose
name it purports to be,
/Vdvaskov
STATE OF eOLORADO )
)ss
COUNTY OF /ht''I~nnL. )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this / o,u.
day of eYQhL<O'J' ,20Cli,by (J1dlil1f tdlct--Aau '
My CommIssIon expires:
Ir=~:4?!1
r 1~ftNJ- cfn}w{;U
N tal)' PublIc ~
(SEAL)
Exhibit A
COORS/CABELA'S ANNEXATION NO.1
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 19, THE SOUTHWEST 1/40F SECTION
20, THE NORTHWEST 114 OF SECTION 29, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF
SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO. DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES SOI001'50"E ALONG THE EAST
LINE OF THE SAID NORTHEAST 114 OF SECTION 30,132079 FEET;
THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30,1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 114,
THENCE NOo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST \14 OF SECTION 19;
THENCE NOoo07'30"E ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,91346
FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT
RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE.
THENCE S89007'3I"W, 57,62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212,18 FEET, SAID CURVE HA VING A CHORD OF 211.55 FEET WHICH BEARS N50055'48"W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 152961 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40
FEET, SAID CURVE HAVING A CHORD OF 341 69 FEET WHICH BEARS N75038'51 "W TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022,23 FEET,
THENCE THROUGH A CENTRAL ANGLE OF 10005']6", WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY,
THENCE S8705I'06"W, 17573 FEET,
THENCE NOoo23'12"W, 174,56 FEET TO THE SOUTH LINE OF THE NORTH 112, OF THE SOUTHEAST 114 OF
SAID SECTION 19;
THENCE S89007'3 \ "W ALONG SAID SOUTH LINE, 41063 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH 1/2;
THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH 1/2, 171 61 FEET TO A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
46785 FEET, SAID CURVE HA VING A CHORD OF 451.32 FEET WHICH BEARS N280 13'09"E TO THE POINT OF
TANGENCY,
THENCE NOI041'59"E, 392.35 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RIDGE ANNEXATION NO 98-5, ORDTNANCE NO 1116, SERIES OF 1998, ALSO BEING THE
NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE,
THENCE N8700l'30"E ALONG SAID BOUNDARY AND SOUTH RIGHT-OF-WAY LINE AND IT'S EASTERLY
EXTENSION, 290723 FEET TO THE NORTHWEST RIGHT-OF- WAY LINE OF THAT PARCEL FOR INTERSTATE
70 RECORDED IN BOOK 1875, PAGE 1591N SAID OFFICE,
THENCE N38050'10"E ALONG THE WEST LINE OF SAID STATE HIGHWAY PARCEL, 138.70 FEET TO THE
SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2163, PAGE 160;
THENCE N73042'38"E ALONG SAID SOUTH LINE, 322,71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS
RECORDED TN BOOK 2118 AT PAGE 52] IN SAID OFFICE,
THENCE SOI006'12"W, ALONG SAID CITY BOUNDARY, 399 77 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID INTERSTATE 70;
THENCE S88056'22"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 55940 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55,
THENCE S38052'45"W. ALONG SAID SOUTHEAST RIGHT-OF-W A Y LINE, 13570 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RIGHT-OF-W A Y LINE, 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST )/4 OF SECTION 20;
THENCE SOoo08'11 "W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
1/2. OF THE SOUTHEAST 1/4 OF SECTION ]9;
THENCE S89007'3\ "W, ALONG THE SOUTH LINE OF SAID NORTH 1/2, 1319,03 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST 1/4, OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,382,28 FEET TO THE NORTH LINE
OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN SAID OFFICE.
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES,
I) N89052'30"E, 425,00 FEET,
2) N64057'30"E, 177 70 FEET,
3) S89039'40"E, 731,27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 20;
THENCE NOoo08' II "E ALONG SAID WEST LINE, 7,56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N8900 I '07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT -OF- WAY LINE THE FOLLOWING FOUR
COURSES
I) SOo041'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) SOo045'49"E, 1321,80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SAID
NORTHWEST 1/4 OF SECTION 29;
3) SOo043'42"E, 241.50 FEET,
4) S06023'48"W, 8223 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS. ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEA T RIDGE BOUNDARY, AS DESCRIBED IN THAT
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFFICE,
THENCE S89024'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986 91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30;
THENCE NOI 001 '50W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 198,04(>> ACRES
PETITION FOR ANNEXATION
TO' THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO
RE PROPERTY KNOWN AS Cabela's / Coors / Salter Parcel
The underSIgned landowners, m accordance wIth the provIsIOns of TItle 31, ArtIcle 12,
Part 1, CRS and known as the MumClpal AnnexatIOn act of 1965, as amended, hereby petitIOn
the CIty Council for annexatIOn to the CIty of Wheat RIdge the followmg described
umncorporated area sItuate and bemg m the County of Jefferson, and State of Colorado, to WIt
(See attached ExhibIt A attached hereto
and mcorporated herem by reference)
Your petitIOners further state as follows
1 That It IS deSIrable and necessary that such area be annexed to the CIty of Wheat
RIdge, Colorado
2, That the area sought to be annexed meets the reqUIrements of SectIOns 31-12-104 and
105, as amended, of the Mumclpal annexatIOn Act of 1965, m that
A. Not less than one-sIxth (1/6) of the penmeter of the area proposed to be
annexed IS contIguous WIth the eXlstmg boundanes of the CIty of Wheat RIdge,
Colorado
B A commumty ofmterest eXIsts between the area proposed to be annexed and
the CIty of wheat RIdge, Colorado
C The area proposed to be annexed IS urban or WIll be urban m the near future
and saId area IS mtegrated or IS capable ofbemg mtegrated WIth the CIty of Wheat
RIdge, Colorado
D No land held m Identical ownershIp, whether conslstmg of one tract or parcel
or real estate or two or more contiguous tracts or parcels of real estate
(1) IS diVIded mto separate parts or parcels WIthout the wntten consent of
the landowner or landowners thereof, unless such tracts or parcels are
separated by a dedIcated street, road, or other pubhc way
(2) compnsing 20 acres or more and whIch, together with the bUlldmgs
and Improvements sItuated thereon, has a valuatIOn of assessment m
excess of$200,000 00 for ad valorem tax purposes for the year next
precedmg the annexatIOn, IS mcluded wlthm the area proposed to be
annexed WIthout the wntten consent ofthe landowner or landowners,
E. No annexatIOn proceedmgs have been commenced for the annexatIOn to
another mumclpahty of part or all to the temtory proposed to be annexed,
F The annexatIOn of the area proposed to be annexed wII] not result In the
detachment of the area from any schoo] dlstnct and the attachment of same to
another schoo] district
G The annexatlOn of the area proposed to be annexed Will not have the effect of
extendmg the boundary of the City of Wheat Ridge more than three mJles In any
dlfectlOn from any pomt of the City'S boundary m anyone year
H. If a portIOn of a platted street or alley IS to be annexed, the entire Width of said
street or alley IS mcluded wlthm the area to be annexed,
I. Reasonab]e access shall not be demed to landowners, owners of easements or
the owners of franchises, adJommg any platted street or alley to be annexed that
WIll not be bordered on both Sides by the City of Wheat Ridge,
3 That attached hereto and mcorporated herem by reference are four (4) pnnts of the
annexation map, contammg the followmg mformatlOn
A A wntten legal descnptlOn of the boundanes for the area proposed to be
annexed,
B A map showmg the boundary of the area proposed to be annexed,
C Withm the annexatIOn boundary map, a showmg of the ]ocatlOn of each
ownershIp tract ofunp]atted land, and, wIth respect to any area which IS platted,
the boundanes and the plat numbers of plots or lots and blocks,
D Next to the boundary of the area proposed to be annexed, a drawmg of the
contiguous boundary of the City of Wheat Ridge and the contlguous boundary of
any other mUlllclpahty abuttmg the area proposed to be annexed,
4. That the petltlOners are the landowners of more than fifty percent (50%) of the area
sought to be annexed, exclUSive of streets and alleys.
5 That all of the petltloners sIgned thIS Petltlon for annexatIOn no more than 180 days
pnor to the date of fi]mg of thIS PetItIOn for Annexation,
6 That thiS Petltlon for annexatIOn satIsfies the reqUIrements of ArtIcle II, SectIOn 30, of
the ConstltutlOn of Colorado m that It is SIgned by persons comprismg more than fifty
percent (50%) of the landowners m the area proposed to be annexed who own more than
fifty percent (50%) of said area, excludmg public streets and alleys and any land owned
by the City of Wheat RIdge,
7 That upon the AnnexatIon Ordmance becommg effectl\e, all lands wlthm the area
sought to be annexed shall become subject to the ordmances, resolutIOns, rules and
regulatIOns of the CIty of Wheat RIdge, except for general property taxes whIch shall
become effectIve on January I of the next succeedmg year followmg passage of the
AnnexatIOn Ordmance.
Therefore, your pehtlOners respectfully request that the CIty CounCIl of the CIty of Wheat
RIdge. Colorado, approve the annexation of the area proposed to be annexed.
Whenever from the context If appears appropnate, each tem1 stated m eIther the smgular
or plural WIll mclude the other, and pronouns stated m eIther the masculme, femmme or the
neuter gender WIll mclude each of the other genders.
SIgnature of
Landowner
Date of
SIgnature
Mallmg Address
of Landowner
Legal DescnptlOn
of Land Owned
X (vtA.-"--'- ~ January 12,2005
Samuel D Walker
ChIef Legal Officer Coors US and
Coors Brewmg WorldwIde &
Group VP, Public Affairs
Coors Brewmg Company
311 10th Street
Golden, CO 80401
Madmg Address.
Mad Stop NH314
POBox 4030
Golden, CO 80403
See Attached
AFFIDAVIT OF CIRCULATOR
The undersIgned, bemg of lawful age, who bemg first duly sworn upon oath, deposes and
says
That (he or she) was the cIrculator of the foregomg PetItion for AnnexatIOn of lands to the
CIty of Wheat Ridge, Colorado, conslstmg of 4 pages, mcludmg this page, and that each
sIgnature thereon was wItnessed by your affiant and IS the true sIgnature of the person whose
name It purports to be.
/1
, ~f.\~ Il (\ t~f\ Il ~v-:
Cm lator \
ST ATE OF COLORADO )
)ss
COlJNTY OF JEFFERSON )
The foregomg AffidavIt of CIrculator was subscribed and sworn to before me thIs I c?+L
day of ,-\0 II \ t cur (j , 2005 by S() 1111 I t' \ \001 ur
My CommIssIOn expIres 11-1 ~ - J..D(f7
~nc\ D- C\ 6lu YW
Nota Public '\
Exhibit A
COORS/CABELA'S ANNEXATION NO. I
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 19. THE SOUTHWEST 1/4 OF SECTION
20, THE NORTHWEST 1/4 OF SECTION 29. AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 QUARTER OF
SECTION 30. BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 30 LIES SOI001'50"E ALONG THE EAST
LINE OF THE SAID NORTHEAST 1/4 OF SECTION 30, 132079 FEET;
THENCE S890I0'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30, 1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4,
THENCE NOo055'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE NOooOT30"E ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,91346
FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT
RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE,
THENCE S8900T31"W, 57 62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 791 19;
THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE
212.18 FEET, SAID CURVE HAVING A CHORD OF 211.55 FEET WHICH BEARS N50055'48''W TO A NON-
TANGENT CURVE CONCAVE SOUTHWESTERL Y HAVING A RADIUS OF 152961 FEET.
THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40
FEET, SAID CURVE HA VING A CHORD OF 341 69 FEET WHICH BEARS N75038'5 J "W TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET.
THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 17998
FEET TO THE POINT OF TANGENCY.
THENCE S87051 '06"W, 175 73 FEET,
THENCE N00023'] 2"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH 1/2, OF THE SOUTHEAST 1/4 OF
SAID SECTION 19;
THENCE S8900T31"W ALONG SAID SOUTH LINE, 41063 FEET TO THE SOUTHWEST CORNER OF THE SAID
NORTH 1/2,
THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH 1/2, 17161 FEET TO A NON-TANGENT
CURVE CONCA VE NORTHWESTERLY HAVING A RADIUS OF 505 40;
THENCE THROUGH A CENTRAL ANGLE OF 5)002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE
467.85 FEET, SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N280I3'09"E TO THE POINT OF
TANGENCY,
THENCE NOl041'59"E. 392.35 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY AS DESCRIBED IN THE
CITY OF WHEAT RIDGE ANNEXATION NO 98-5, ORDINANCE NO 1116, SERIES OF 1998, ALSO BEING THE
NORTH RlGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN
DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE,
THENCE N87001'30"E ALONG SAID BOUNDARY AND SOUTH RIGHT-OF-WAY LINE AND ITS EASTERLY
EXTENSION, 2907.23 FEET TO THE NORTHWEST RIGHT-OF-WAY LINE OF THAT PARCEL FOR INTERSTATE
70 RECORDED IN BOOK 1875. PAGE 159IN SAID OFFICE,
THENCE N38050'10"E ALONG THE WEST LINE OF SAID STATE HIGHWAY PARCEL. 138.70 FEET TO THE
SOUTH LINE OF THAT PARCEL RECORDED IN BOOK 2]63, PAGE 160;
THENCE N7304T38"E ALONG SAID SOUTH LINE, 322.71 FEET TO WEST LINE OF THE CITY OF WHEAT
RIDGE BOUNDARY AS DESCRIBED IN THE ORIGINAL WHEAT RIDGE INCORPORATION DOCUMENTS
RECORDED IN BOOK 2118 AT PAGE 521 IN SAID OFFICE,
THENCE SOIo06'J2"W, ALONG SAID CITY BOUNDARY. 399 77 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID lNTERST A TE 70;
THENCE S88056'22"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 55940 FEET TO THE SOUTHEAST RIGHT-
OF-WAY LINE OF THAT STATE HIGHWAY PARCEL AS RECORDED IN BOOK 1895, PAGE 55,
THENCE S38052'45"W, ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE, 135 70 FEET TO THE SOUTH RIGHT-
OF-WAY LINE OF SAID PARCEL,
THENCE S89022'40"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 232.23 FEET TO THE WEST LINE OF SAID
SOUTHWEST 1/4 OF SECTION 20;
THENCE SOoo08'II"W, ALONG SAID WEST LINE, 752.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH
1/2, OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE S8<)O0T3]"W. ALONG THE SOUTH LINE OF SAID NORTH 1/2. 131903 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST 1/4. OF THE SOUTHEAST 1/4 OF SECTION 19;
THENCE SOooOT30"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,382.28 FEET TO THE NORTH LINE
OF THAT PARCEL DESCRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 752 IN SAID OFFICE.
THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES
I) N89052'30"E, 42500 FEET,
2) N6405T30"E, 177 70 FEET,
3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 20;
THENCE NOoo08'1 I "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS
21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION
#09337790 IN SAID OFFICE,
THENCE N8900 I '07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE SAID WEST LINE OF THE CITY OF
WHEAT RIDGE BOUNDARY AND THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 70;
THENCE ALONG SAID CITY BOUNDARY AND SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR
COURSES.
I) SOoo41'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20;
2) SOoo45'49"E, 1321.80 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SAID
NORTHWEST 1/4 OF SECTION 29;
3) SOoo43'42"E, 241.50 FEET,
4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, ALSO
BEING THE NORTHEAST CORNER OF THE CITY OF WHEAT RIDGE BOUNDARY, AS DESCRIBED IN THAT
ANNEXATION ORDINANCE NO 152, SERIES OF 1974, RECORDED AS RECEPTION NO 644863 OF SAID
CLERK AND RECORDER'S OFFICE,
THENCE S89024'52"W ALONG SAID BOUNDARY AND SAID SOUTH LINE, 986 91 FEET TO THE WEST LINE
OF SAID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST 1/4 OF SECTION 30;
THENCE NOloOI'50W ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1 98.04OI ACRES
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 38
Series of 2004
TITLE:
A RESOLUTION APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S
RETAIL, INC , AND THE COORS BREWING COMPANY
WHEREAS, the City is a home rule municipality organized and operating
pursuant to Article XX of the Colorado Constitution and the Colorado Revised Statutes;
and
WHEREAS, the City is authorized to annex territory into the corporate
boundaries of the City pursuant to C RS 931-12-101, et. seq., and
WHEREAS, Cabela's Retail, Inc. and the Coors Brewing Company, as owners
and/or contract purchasers of real property in unincorporated Jefferson County
contiguous with the present City boundaries, have expressed interest in annexing said
property into the City; and
WHEREAS an Annexation and Development Agreement has been prepared
which memorializes the terms and conditions under which the City Council is willing to
consider annexation of the property; and
WHEREAS the City Council has determined that it is in the best interest of the
City that the Annexation and Development Agreement be approved,
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The Annexation and Development Agreement among the City of
Wheat Ridge, Cabela's Retail, Inc., and the Coors Brewing Company dated December
20, 2004 (a copy of which is attached hereto as Exhibit A and fully incorporated herein
by this reference) is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same
Section 2. This Resolution shall be effective upon adoption
Section 3. Publication. This Resolution shall be published in a newspaper of
general circulation within the City of Wheat Ridge
DONE AND RESOLVED this ',l..oday of December, 2004.
GED\53027 17\491603.1
ArrEST
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o/etchen Cerveny, Mayor. _~\~
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Published in the Wheat Ridge Transcript: December 30
GED\53027 17\491603.1
,2004
EXHIBIT A
ANNEXATION AND DEVELOPMENT AGREEMENT
[ATTACHED]
GEDI53027 171491603.1
273090 4
ANNEXATION AND DEVELOPMENT AGREEMENT
Among
The City of Wheat Ridge,
a Colorado municipal corporation,
Cabela 1 S Retail Inc.,
a Nebraska corporation
and
Coors Brewing Company,
a Colorado corporation
Dated
December 20, 2004
1.
2
3.
4
5.
6,
7,
8
9.
10
11.
12.
13.
14
15
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TABLE OF CONTENTS
PARTIES . , ..
RECITALS . , .. .
DEFINITIONS . .. .... . ...... ....
EFFECTIVE DATE AND TERM OF AGREEMENT. .
DEVELOPMENT OF THE PROJECT
ZONING AND RELATED APPROVALS .. , .. .
PUBLIC IMPROVEMENTS .. ,........,. ... . . ,....
SALES TAX REVENUE SHARING AND PUBLIC IMPROVEMENT FEE
BONDS,
ADDITIONAL INCENTIVES
SPECIAL DISTRICTS
OWNERS' ASSOCIATIONS
DEFAULT AND REMEDIES
MISCELLANEOUS
EXHIBITS
Page
,1
1
.2
. , .. 6
.7
....8
.9
.. 12
18
19
20
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27
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 20th day of December, 2004
1. PARTIES
The parties to this Agreement are the City of Wheat Ridge, a Colorado municipal
corporation (the "City"), Cabela's Retail Inc , a Nebraska corporation ("Cabela's"),
and Coors Brewing Company, a Colorado corporation ("Coors")
2. RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties
a. The City is a municipal corporation existing under the laws of the State of
Colorado and its home rule charter Cabela's is a corporation, duly organized,
existing and in good standing under the laws of the State of Nebraska. Coors is
a corporation, duly organized, existing and in good standing under the laws of
the State of Colorado
b. Cabela's and Coors are either the owners, contract purchasers or anticipated
contract purchasers of the real property described in Exhibit A, attached hereto
and incorporated herein by reference (the "Property").
c Coors and Cabela's desire to annex the Property to the City and for that purpose
intend to submit (or anticipate that other necessary entities will submit) to the
City certain annexation petitions seeking simultaneous annexation of a group of
parcels that collectively constitute the Property.
d. Cabela's desires to construct and operate an approximately 225,000 square foot
retail facility on the Property which will serve as a tourism destination center
specializing in hunting, fishing, camping and outdoor gear (the "Cabela's
Store"), along with the construction and operation of certain other related
buildings designed to attract other retailers to the City (the "Retail Center")
Other parcels of land owned by Coors within the Property, as shown on the
attached Exhibit B, may be developed in the future (" Coors Parcell," "Coors
Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3" and "Coors Parcel 4,"
collectively "Coors Parcels") The Cabela's Store, Retail Center and the Coors
Parcels are collectively referred to as "Cabela's Project." The parties agree that
the parcel boundaries shown on Exhibit B may be adjusted upon the filing of an
Outline Development Plan for all or a portion of the Property, and that a revised
Exhibit B shall thereupon be substituted for that attached hereto
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e The Cabela's Project will be developed as a Planned Commercial Development
under the Wheat Ridge Code of Laws
f Development of the Property will necessitate public mfrastructure improvements
and public services, will contribute to the economic growth of the City, and will
increase future tax revenues received by the City, and is a development project
for which economic incentives will serve a lawful public purpose
g The parties contemplate that a portion of the sales tax revenues to be received
by the City from activities associated with the Property will be shared with a
special district that will be organized pursuant to this Agreement for the purpose
of assisting with the payment of costs for constructing public infrastructure
improvements and providing public services in consideration of the increased
tax revenues and other benefits that the City expects to realize as a result of the
annexation and development of the Property.
h. The parties desire to set forth in this Agreement their agreements relative to the
sharing of a portion of the City's sales tax revenue from the Property for the
purpose of funding certain public improvements
1. Under the Act, metropolitan districts have the power to finance the construction
of certain public improvements by issuing bonds.
J. The parties contemplate the creation of a metropolitan district, encompassing the
Property (the "Metropolitan District")
k C R S Section 31-12-121 specifically authorizes the parties to enter into this
Agreement in connection with the annexation of the Property into the City,
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged by the City, Coors and Cabela's, the parties agree as follows
3. DEFINITIONS
As used in this Agreement, unless specifically stated otherwise, the words and phrases
used shall have the meaning as defined in the Wheat Ridge Code of Laws For the
purpose of this Agreement the following words and phrases shall have the definitions
provided for below
a. "Act" means the Special District Act, Colorado Revised Statutes ~ 32-1-101,
et~
b. "Agreement" means this Annexation and Development Agreement.
2
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c. "Annexors" means Cabela's and Coors; provided, however, it shall also include
any other party that subsequently submits an annexation petition to the City for
purposes of annexing any portion of the Property
d. "Bond Indenture" means the definitive agreement entered into by the
Metropolitan District and the Trustee which provides for the issuance of the
Bonds in accordance with the terms set forth in this Agreement.
e "Bonds" means the bonds issued by the Metropolitan District in accordance with
the terms of the Act, which shall consist of Tax-Free Bonds to the greatest
extent possible, with the remainder consisting of Taxable Bonds,
f. "Cabela's" means Cabela's Retail, Inc, a Nebraska corporation, and its
successors or assigns
g "Cabela's Project" has the meaning ascribed to it in Section 2 d.
h. "Cabela's Store" has the meaning ascribed to it in Section 2.d
"CDOT" means the Colorado Department of Transportation.
J "City" means the City of Wheat Ridge, Colorado, a home rule municipal
corporation
k "Coors" means Coors Brewing Company, a Colorado corporation
"Coors Parcell," "Coors Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3,"
"Coors Parcel 4," and "Coors Parcels" have the meanings ascribed to such
terms in Section 2 d
m. "Council" means the City Council of the City as that body may be constituted
from time to time
n. "County" means Jefferson County, Colorado, a county established under the
provisions of Colorado law
o "Final Development Plan" means a Final Development Plan, as described in
Section 26-308 D of the Wheat Ridge Code of Laws
p "Final Plat" means a final subdivision plat submitted by Cabela's and approved
by the City as part of the subdivision process for any part of the Property,
pursuant to the provisions of the Wheat Ridge Code of Laws, Section 26-401
et~
q "Force Majeure" means and shall be limited to an event which is beyond the
reasonable control of Annexors or the City and which causes a delay or failure
to perform obligations hereunder, including, without limitation, acts of God,
3
2730904
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earthquake, fire, explosion, war, civil insurrection, acts of the public enemy,
acts of civil or military authority, sabotage, terrorism, floods, lightning,
hurricanes, tornadoes, severe snow storms, major equipment failure, utility
disruption, failure of a major supplier to perfonn its obligation to an Annexor
not arising out of or involving a failure toward such supplier by an Annexor,
strikes, lockouts or other labor disputes with respect to which an Annexor has
not been determined by the National Labor Relations Board to have engaged in
any unfair labor practices, or change in law or the interpretation thereof by
responsible authority which shall prohibit any change in the operation of the
Cabela's Project or materially increase the costs of the foregoing beyond those
foreseeable on the date hereof, so long as, in any such case (i) such events are
beyond the reasonable control of, and should not in the exercise of reasonable
caution have been foreseen and avoided or mitigated by the subject Annexor or
the City, as applicable, and (ii) the subject Annexor or the City, as applicable, is
using its best reasonable efforts to remedy the effects thereof
r "Metropolitan District" means the metropolitan district the parties anticipate will
be established following annexation of the Property to the City The
Metropolitan District service plan shall provide that the Metropolitan District
shall exist for a term not to exceed forty-two (42) years along with such other
customary and necessary provisions to reflect the obligations of the Metropolitan
District in accordance with state law and the terms set forth in this Agreement.
s "PCD" means the Planned Commercial District as defined in the Wheat Ridge
Code of Laws.
t. "PCD Final Plan" means Cabela's Planned Commercial District Final
Development Plan, as defined in the City's Planned Development Regulations,
and the accompanying exhibits
u. "PCD Plan" means Cabela's Planned Commercial District plan as defined in the
Planned Development Regulations Such PCD Plan for the Property includes the
PCD Outline Development Plan, all PCD Final Plans and such other graphic
and written documents designated by the Council at the time of annexation of
the Property and approval of the PCD Outline Development Plan, with all
conditions that may be attached to such approvals
v "PCD Outline Development Plan" means Cabela's Planned Commercial District
Outline Development Plan, as defined in the City's Planned Development
Regulations, and the accompanying exhibits.
w. "Planned Development Regulations" shall mean Sections 26-301, et ~ of the
Wheat Ridge Code of Laws, as well as all other sections of the Wheat Ridge
Code of Laws referred to therein.
x "Property" has the meaning ascribed to it in Section 2 b
4
y "Public Facilities" means those portions of the Property and building comprising
the Cabela's Store that are owned by the Metropolitan District and available and
used primarily by the general public
z "Public Improvements," includes the Public Infrastructure, the Public Roadway
Improvements and the Public Facilities
aa. "Public Improvement Fee" has the meaning ascribed to it in Section 8 b
bb "Public Improvement Fee Revenue Bonds" has the meaning ascribed to it III
Section 8 b.
cc. "Public Infrastructure" means, within the service area of the Metropolitan
District, the design and construction of the utilities, drainage improvements and
such other similar items as agreed upon by the parties
dd. "Public Roadway Improvements" means the design and construction of any
access interchanges, ramp improvements, road widening and other roads or
streets deemed reasonably necessary to improve access to the Cabela' s Project,
as further described on Exhibit E under the heading "Public Roadways"
ee "Retail Center" has the meaning ascribed to it in Section 2 d
ff "Service Plan" has the meaning ascribed to it in Section 11 b
gg "Shared Sales Tax" has the meaning ascribed to it in Section 8 a.
hh. "Shared Sales Tax Revenue Bonds" has the meaning ascribed to it III
Section 8 a.
11. "State" means the State of Colorado.
]J "Subdivision Regulations" means those regulations adopted by the City pursuant
to C R.S Section 31-23-201, et seq , and now contained in Chapter 26,
Article 4 of the Wheat Ridge Code of Laws, as the same may be amended from
time to time by ordinance of general applicability throughout the City,
kk "Taxable Bonds" means the portion of Bonds to be used for acquisition and/or
construction of Public Improvements in conjunction with the Cabela's Project
which do not qualify for federal tax-exemption. The Taxable Bonds are
expected to be taxable, have a maturity not to exceed forty (40) years, and shall
bear interest at a rate or rates to be set forth in the Service Plan of the
Metropolitan District
II. "Tax-Free Bonds" means the portion of Bonds to be used for acquisition and/or
construction of Public Improvements in conJunction with the Cabela's Project
which do qualify for federal tax-exemption. The Tax-Free Bonds are expected
273090 4
5
to be tax-exempt, have a maturity not to exceed twenty-five (25) years, and shall
bear interest at a rate or rates to be set forth in the Service Plan of the
Metropolitan District. The parties hereby agree that the Tax-Free Bonds shall
only be tax-exempt to the extent permitted under the United States Internal
Revenue Code of 1986, as amended Upon or before issuance of the Bonds,
bond counsel to the Metropolitan District shall provide a customary opinion with
regard to the tax-exempt status of the Tax-Free Bonds. In the event that the
Tax-Free Bonds are ever deemed taxable, the interest shall automatically adjust
to provide the rate of interest earned on Taxable Bonds for any period that the
Tax-Free Bonds are deemed taxable.
mm. "Training Grant" means any federal or state employee trammg grant for the
training of non-point -of-sale employees who will work in the Cabela' s Store,
nn. "Trustee" means the trustee appointed to serve in such role in accordance with
the Bond Indenture
00 "Wheat Ridge Code of Laws" means the municipal code and ordinances of the
City of Wheat Ridge, Colorado as adopted and as amended from time to time by
the Council.
4. EFFECTIVE DATE AND TERM OF AGREEMENT
a. This Agreement shall be effective upon execution by the Parties. The term of
this Agreement shall be forty-five (45) years from the date of this Agreement,
unless earlier terminated as provided herein. After the expiration of the term or
earlier termination, this Agreement shall be deemed terminated and of no further
force and effect, provided, however, such termination shall not affect (a)
annexation of the Property into the City, (b) any right arising from City permits,
approvals or other entitlements for the Property which were granted or approved
prior to, concurrently with, or subsequent to the approval of this Agreement and
that were contemplated to continue after termination of thIS Agreement, (c)
except as otherwise set forth in this Agreement, construction, maintenance and
repair of Public Improvements, (d) repayment of the Bonds, or (e) any
continuing rights to share in the Public Improvement Fee Despite such
expiration and notwithstanding any provision of the Wheat Ridge Code of Laws
to the contrary, the zoning of the Property shall remain the same as it existed
under the PCD Outline Development Plan, except no further permits or
approvals, including but not limited to Final Development Plans, Final Plats or
building permit approvals, shall be granted by the City until the City has
approved a new or amended Development Agreement which may include an
amended Outline Development Plan for the Property or a portion thereof and the
necessary subdivision improvements agreements have been executed and
security has been provided
6
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5. DEVELOPMENT OF THE PROJECT
a. Development of Cabela's Project. Cabela's or its assigns intends to acquire (i)
approximately eighty (80) acres of real estate in unmcorporated Jefferson
County, Colorado from Coors, (ii) approximately thirty-six (36) acres of real
estate in unincorporated Jefferson County, Colorado (located adjacent to the
Coors parcel) from the County, (iii) approximately two (2) acres of real estate in
the City of Wheat Ridge, Colorado (located adjacent to the Coors parcel) from
Dwaine R. Richter and/or 70 WBC, LLC and (iv) approximately seven (7) acres
of real estate in unincorporated Jefferson County, Colorado (located adjacent to
the Coors parcel) from William J Salter, Jr , Beverly 1. Salter and Melvin J
Salter, all for Cabela's development of the Cabela's Store and the Retail Center
which shall be located within the Property in the approximate locations depicted
on Exhibit B attached hereto Cabela's will acquire, construct, furnish and
equip the Cabela's Store; provided, however, Annexors' obligations under this
Section shall be (i) contingent upon Cabela's or its assigns entering into a
binding real estate agreement with each of Coors, Jefferson County, Richter and
Salter to purchase the property described above, (ii) contingent upon the
fulfillment of the other terms of this Agreement by the other parties hereto and
(iii) subject to delay, but not cancellation, to the extent such delay is caused by
Force Majeure Cabela's expects that it or its assigns will sell a portion or
portions of the remaining land owned or to be owned by Cabela's that is located
in the boundaries of the Property to complementary retail and commercial
ventures such as restaurants, a hotel and water park and/or in-line retail stores
with a variety of retail tenants Similarly, subject to compliance with the City's
Subdivision Regulations, Coors may sell all or portions of the Coors Parcels in
connection with further development of those parcels described in Section 5 c,
The City's obligations under this Agreement are contingent upon the disclosure
by Cabela' s and Coors of purchase and sale agreements and any development
agreements related to the Property entered into by Cabela's, Coors, their
affiliates or subsidiaries, as those agreements affect the rights and obligations of
the City herein. The City hereby acknowledges that, as requested by Cabela's
and Coors, all such mformation shall be subject to the confidentiality provisions
of C.R S S 24-72-204(3)(a)(lV) to the full extent permitted by law
b. Completion of Cabela's Store Cabela's shall open the Cabela's Store on or
before September 30, 2006, provided, however, said completion date is subject
to delays caused by Force Majeure or the failure of the City to fulfill its
obligations as contemplated in this Agreement.
c Phases Although all of the Property is expected to be annexed by the City at
the same time, the parties acknowledge that there will probably be more than
one annexation petition filed by the Annexors, thereby resulting in a series of
simultaneous annexations Additionally, the parties acknowledge that the
Property will probably be developed in multiple phases which can generally be
273090 4
7
described as follows' (i) the Cabela's Store; (ii) the Retail Center; and (iii) each
or all of the Coors Parcels, The City agrees such phased development is
appropriate under the applicable terms of this Agreement and the PCD Outline
Development Plan.
d Reserved
e After the expiration or termination of this Agreement, the zoning of all parts of
the Property shall continue and remain in effect as provided in the PCD Outline
Development Plan unless and until rezoned by the owner or the City as provided
for in Chapter 26 of the Wheat Ridge Code of Laws subject to Section 4.a.
f. Creation of Jobs, Job Training Opportunities. Cabela's agrees that, upon
opening the Cabela's Store, it shall employ at least 320 full-time equivalent
employees in the Cabela's Store at wage levels and benefits consistent with area
wage levels and benefits for appropriate skills (plus benefits for full-time
employees consistent with industry standards) For purposes of this Section, a
"full-time equivalent employee" shall mean either (i) one (1) individual who
works for a period of not less than forty (40) hours per week or (ii) two (2) or
more individuals who work for a period of not less than forty (40) hours per
week in the aggregate In addition to Force Majeure, Cabela's obligations
under this Section shall be subject to availability of qualified employees
6. ZONING AND RELATED APPROVALS
a. Project Plan Approval; Zoning, Suitability. The City shall use reasonable
efforts consistent with applicable law to support and approve the Cabela's
Project and the creation of the Metropolitan District as contemplated by this
Agreement and the further development of the Coors Parcels by Coors or its
successors and assigns in a manner consistent with the overall development plan
contemplated by the PCD Outline Development Plan and execute and deliver all
necessary documents or instruments contemplated by or related to this
Agreement. Annexors acknowledge that they shall make theIr own mdependent
investigation as to the suitability of the Property for purposes of developing the
Cabela's Project and any future projects to be developed on the Coors Parcels,
and further acknowledge that they have not relied upon any representations or
warranties by the City with regard to such suitability In the event that Cabela's
determines that the Property is not suitable for development of the Cabela' s
Store for any reason (including, but not limited to, title issues, environmental
comhtions, soil conditions, access to utilities, planning or zoning), then Cabela's
may, in its sole and absolute discretion, terminate this Agreement without
penalty and without further obligation of either Annexor to the City hereto
Such termination must take place, if at all, prior to the date of final public
hearing on an ordinance annexing all or part of the Property
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273090 4
b. Permitted Uses. The land uses for the Property shall be only as specified in the
approved PCD Outline Development Plan. No different or additional uses shall
be permitted, unless approved by the City's Director of Community
Development as provided in the Wheat Ridge Code of Laws or through an
amendment to the PCD Outline Development Plan or Final Development Plan
pursuant to the provisions of the Wheat Ridge Code of Laws in effect at the time
of such amendment. The Coors Parcels will be designated for future
commercial, retail, office, warehouse, and/or recreational use as further detailed
on the PCD Outline Development Plan. A portion of Coors Parcel I will be
designated for use as a private reservoir,
c Restrictive Covenants, Cabela's will cooperate with the owners of other
properties within the Property to prepare and record covenants and restrictions
reasonably acceptable to the City to govern development within the Property
("Covenants") The Covenants shall be in a form substantially similar to those
attached hereto as Exhibit C. The Covenants shall include, but not be limited
to, a restriction against any other retailers in the Retail Center who specialize in
selling hunting, fishing, camping, and outdoor gear.
d. Open Space and Trails Open space and trails shall be provided as set forth in
the PCD Outline Development Plan. Certain trails currently located in the
vicinity of Coors Parcel 2B and Coors Parcel 3 may be relocated to
accommodate development of the Property No area that has been designated as
open space or trails shall subsequently be subdivided No open space or trail
requirement will be imposed on any partIcular Coors Parcel except with respect
to a Final Development Plan approved for that Coors Parcel The prohibition
against subsequent subdivision of open space or trails shall appear on the face of
any Final Plat that contains open space or trails and shall be indicated as a
covenant running with such land.
e Review Process The City agrees to provide fast-track approval to the greatest
extent possible when reviewing the PCD application, establishing the
Metropolitan District, and reviewing any necessary rights-of-way or easements
for the Roadway Improvements The City agrees, within the constraints
imposed by its Code of Laws, to execute and deliver all necessary documents or
instruments contemplated by or related to this Agreement
7. PUBLIC IMPROVEMENTS
a Construction, Maintenance and Repair. The Metropolitan District shall be
responsible for the acquisition and/or construction of all of the Public
Improvements and such other improvements which may be subsequently agreed
upon by the parties to this Agreement. The City shall accept dedication of and
be responsible for all maintenance on Cabela Drive and the 40th A venue
Extension (as both are defined below in Section 7 b) The Public Roadway
9
273090 4
Improvements located outside the Property shall be dedicated to and maintained
by the City, the County or CDOT, as may be agreed upon by those entities
The Metropolitan District shall maintain all Public Improvements within the
Property except Cabela Drive and the 40th A venue Extension. The Public
Roadway Improvements shall be constructed and maintained using standards
approved by the City The Metropolitan District may contract with other
parties, including without limitation the City, CDOT, the County and/or the
Annexors, to undertake some or all of its obligations under this Section, with
the prior approval of the City The City shall provide police protection to the
Property in a manner consistent with the normal level of services provided by
the City with regard to similar areas of the City located outside the Metropolitan
District.
b, Public Roadway Improvements
1) The following constitutes the Public Roadway Improvements; (i) a new
road with two to five lanes (including three lanes through Coors
Parcel 2B and Coors Parcel 3 and two lanes from Coors Parcel 2B west
to McIntyre Street) to connect 32nd A venue to McIntyre Street (~Cabela
Drive"), (ii) the widening of 32nd Avenue by adding one lane in each
direction from Y oungfield Street to 1-70 Service Road West, including
widening under the 1-70 bridges, (iii) the construction of transitioning
pavement improvements on 32nd Avenue from 1-70 Service Road West
to Alkire Street; (iv) the addition of lanes on the west-bound off and on
ramps and the east-bound off-ramp of the I-70/32nd Avenue Interchange;
(v) the widening of Y oungfield Street to provide double left turn lanes
onto 32nd A venue for north-bound traffic, (vi) a 3-lane underpass under
1-70 connecting the Property with 40th Avenue at Young field Street,
including an extension of 40th A venue into the Property to Cabela Drive
for this purpose (the "40th Avenue Extension"), and (vii) reconstruction
of the intersection of the South SH 58 Frontage Road at McIntyre Street
(the "McIntyre Intersection (roundbout)" and "McIntyre Extension
Road" as shown on Exhibit E) to accommodate the traffic projected for
Cabela Drive All of the Public Roadway Improvements are further
described on Exhibit E under the heading "Public Roadways"
2) Cabela's shall assist the City in conforming with the CDOT Policy 1601
concerning improvement of the 1-70/32nd A venue Interchange by
providing the engineering services required, the costs of which shall be
funded by Bonds
3) CDOT, the City, the County and Cabela's shall have an opportunity to
review and approve the design of the Public Roadway Improvements to
be constructed by or under the direction of the Metropolitan District to
assure that such improvements will be constructed in accordance with
10
273090 4
approved jurisdiction standards and will accommodate the anticipated
traffic to, and development within, the Property. The Metropolitan
District, Cabela's and the City shall enter into any agreements or take
any actions deemed reasonably necessary to bring about construction of
the work described in this Section (including, but not limited to, any
eminent domain or condemnation actions which may be necessary to
acquire right-of-way or easements for said work, the costs of which
eminent domain or condemnation shall be made a part of the costs of
construction funded by the Bonds).
4) After the Public Roadway Improvements outside the Property are
complete and CDOT, the County and/or City have determined that the
Public Roadway Improvements meet their standards, the Metropolitan
District shall convey and it is expected that CDOT, the County and/or
the City (as appropriate) shall accept dedication of and shall maintain
those Public Roadway Improvements; provided, however, the
Metropolitan District shall maintain all of the Public Roadway
Improvements within the Property (except Cabela Drive and the 40th
A venue Extension) in a manner consistent with the City's maintenance
standards The Metropolitan District will cease to exist 42 years after its
formation, after which time, all Public Roadway Improvements will be
maintained by the entity which has accepted dedication of the same.
c. Public Infrastructure The Parties agree that a Master Drainage Plan shall be
developed and delivered to the City concurrently with the first Final Plat. Any
Final Development Plan, Final Plat or other development shall comply with the
Master Drainage Plan. Any amendments to the Master Drainage Plan shall be
subject to review and approval by the City In the event that a discharge permit
under the Clean Water Act (33 U S.C Sections 1251, et ~) or any other
discharge permit is required by a federal, state or local governmental agency,
Cabela's or the Metropolitan District shall be responsible for obtaining such
permits, the costs of which shall be funded by the Bonds. The City agrees to
cooperate with Cabela' s and the Metropolitan District in their application for
these permits When the Metropolitan District ceases to exist, the Public
Infrastructure shall be dedicated to and maintained by the property owner, the
CIty or other governmental entities or utility providers, as appropriate
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d. Public Facilities,
1) The Metropolitan District shall acquire and/or construct or be
responsible to acquire and/or construct the Public Facilities Such
facilities shall be available for use by all residents of the City and such
other persons as the Metropolitan District deems appropriate, subject to
such fees or charges, if any, as may be imposed by the Metropolitan
District from time to time
2) In order to determine which portions of the building compnsmg the
Cabela's Store shall constitute Public Facilities, the Cabela's Store shall
be platted as a condominium and the Public Facilities within the building
comprising the Cabela's Store shall be designated as a separate unit in
said condominium and shall be deeded to the Metropolitan District. The
Public Facilities in the Cabela's Store shall be owned, operated and
maintained by the Metropolitan District or a designee of the Metropolitan
District. It is anticipated that the Public Facilities in the building
comprising the Cabela's Store will be exempt from ad valorem taxation
by virtue of ownership by the Metropolitan District.
3) Cabela's and the Metropolitan District may enter into a management
agreement under which Cabela's will assume certain responsibilities for
maintenance, operation and improvement of the Public Facilities To the
extent Tax-Free Bonds are issued to finance Public Facilities, such
management agreement must comply with the qualified management
contract guidelines set forth by the Internal Revenue Service,
e Timing of Public Improvements. The parties hereby agree that they will work
in good faith with each other to ensure that the Public Improvements are
acquired and/or constructed in a manner and timing sequence that (i) utilizes
resources in a logical and efficient manner, (ii) minimizes delays on other
portions of the overall Cabela's Project, (iii) complies with all necessary
requirements of governmental entities with jurisdiction over the various aspects
of the Public Improvements and (iv) allows the parties to fulfill their respective
obligations in a timely manner under this Agreement.
8. SALES TAX REVENUE SHARING AND PUBLIC IMPROVEMENT FEE
a. Effective January 1, 2005, the City will assess a sales tax at a rate of 3%
pursuant to the provisions of Chapter 22 of the Wheat Ridge Code of Laws
The parties anticipate an increase in the City's total sales tax revenues as a result
of the development of the Property pursuant to this Agreement Accordingly,
the City agrees to share a portion of the sales tax revenues from sales occurring
within the Property The amount to be shared shall be that portion of the City's
sales tax generated from the Property at a rate of one and one-tenth percent
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12
(1 1 %) (the "Shared Sales Tax") for a term which shall expIre on the earlier to
occur of (i) the date upon which the principal and interest has been paid on
Tax-Free Bonds issued by the Metropolitan District to pay for the Public
Improvements listed III Exhibit E (the "Shared Sales Tax Revenue Bonds") or
(ii) twenty-five (25) years after the date the Shared Sales Tax Revenue Bonds
are issued As of the date of this Agreement, the parties believe that the Public
Improvements listed in Exhibit E will cost Eighteen Million One Hundred
Twenty-Eight Thousand Two Hundred Twenty-Four and NollOO
($18,128,224 (0). The parties further agree these costs will continue to be
revised and better determined in the months ahead as the various engineers and
advisors who are working on the Cabela's Project further define the necessary
scope and costs of the Public Improvements Accordingly, the City hereby
agrees that Shared Sales Tax Revenue Bonds may be issued in an amount up to
(i) Eighteen Million Five-Hundred Thousand and NollOO Dollars
($18,500,000 00) based on the current costs set forth in Exhibit E without any
further approval required by the City on such amount and (ii) up to an additional
Two Million and Noll 00 Dollars ($2,000,000.00) (for a total of Twenty Million
Five-Hundred Thousand and No/100 Dollars ($20,500,000 00) of Shared Sales
Tax Revenue Bonds) if the City first approves a resolution to authorize such
additional expenditures The Shared Sales Tax shall be used solely to pay
principal and interest on the Shared Sales Tax Revenue Bonds to be issued by
the Metropolitan District in a prinCIpal amount not to exceed (i) Eighteen
Million Five-Hundred Thousand and No/100 Dollars ($18,500,00000) without
further approval by the City or (ii) up to Twenty Million Five-Hundred
Thousand and NollOO Dollars ($20,500,000 00) if approved by the City as
permitted above. The interest rate borne by the Shared Sales Tax Revenue
Bonds from time to time shall not exceed the rate specified for Tax-Free Bonds
as set forth in the definition thereof and the term thereof shall not exceed
twenty-five (25) years
b In addition, Annexors will impose by covenant or lease a public improvement
fee of 1 4 % while the Shared Sales Tax Revenue Bonds are outstanding and
1 5 % thereafter during the remaining term of the Public Improvement Fee (as
set forth in Section 8 p) on all sales occurring within the Property (the "Public
Improvement Fee") The Annexors acknowledge that the City's sales tax will
be charged on the combined total of the subject sales transaction and the Public
Improvement Fee payable with respect to such transaction The Public
Improvement Fee shall be used by the Metropolitan District to pay the cost to
acquire, construct, install and maintain the portions of the Public Improvements
for which the Metropolitan District is responsible, and for which Shared Sales
Tax Revenue Bonds are not to be used The Metropolitan DistrIct may issue
Tax-Free or Taxable Bonds to finance the costs of Public Improvements not
financed with Shared Sales Tax (the "Public Improvement Fee Revenue
Bonds") In the event that (i) the Shared Sales Tax Revenue Bonds are not paid
in full twenty-fIve (25) years after the Shared Sales Tax Revenue Bonds are
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issued or (ii) the Public Improvement Fee Revenue Bonds are paid in full prior
to the Shared Sales Tax Revenue Bonds being paid in full, then the Public
Improvement Fee shall be used by the Metropolitan District to pay principal and
interest on the Shared Sales Tax Revenue Bonds The Shared Sales Tax
Revenue Bonds shall only be used to pay the costs of the Public Improvements
as described in Exhibit E and as permitted by Section 8,a and the Shared Sales
Tax shall be used only to pay principal and interest on such Shared Sales Tax
Revenue Bonds All other costs incurred by the Metropolitan District to
acquire, construct, install, maintain or finance the cost of Public Improvements
shall be paid with the Public Improvement Fee The Public Improvement Fee
Revenue Bonds shall be used to acquire or construct Public Improvements As
of the date of this Agreement, the parties believe that the Public Improvements
to be funded by the Public Improvement Fee Revenue Bonds will cost Twenty-
Eight Million Nine Hundred Ninety-One Thousand Three Hundred Eleven and
No/lOO ($28,991,311 (0), The parties further agree that these costs will
continue to be revised and better determined in the months ahead as the various
engineers and advisors who are working on the Cabela's Project further define
the necessary scope and costs of the Public Improvements Accordingly, the
City hereby agrees that the Public Improvement Fee Revenue Bonds may be
issued in an amount up to (i) Thirty Million and No/lOO Dollars
($30,000,000 00) without any further approval required by the City on such
amount and (ii) up to an additional Five Million and No/lOO Dollars
($5,000,00000) (for a total of Thirty-Five Million and No/lOO Dollars
($35,000,000 (0) of Public Improvement Fee Revenue Bonds) if the City first
approves a resolution to authorize such additional expenditures Such Public
Improvement Fee Revenue Bonds may have a term not to exceed forty (40)
years, shall bear interest at a rate not to exceed the rate specified for Taxable
Bonds or Tax-Free Bonds, as applicable, and shall be payable from the Public
Improvement Fee in accordance with such other terms and conditions the
Metropolitan District shall reasonably establish not inconsistent with this
Agreement or the Service Plan.
c The City agrees that if its sales tax rate is lowered as a result of a change in the
overall tax scheme utilized by the City, the City will, to the extent permitted by
law, revise this Agreement to replace the Shared Sales Tax that would have
otherwise been payable to Metropolitan District under the current tax scheme
d All payments made to the Metropolitan District under the provisions of this
Section shall be made within thirty (30) days of the receipt of such funds by the
City The City shall not have any liability for payment of the Bonds The
City's responsibilities shall be limited to remitting the Shared Sales Tax and the
Public Improvement Fee to the Metropolitan District as provided in and subject
to the provisions of this Agreement
e Reserved
14
f The City agrees to separately account for all of the Shared Sales Taxes upon
receipt. All payments from the City pursuant to the provisions of this Section
shall be made from the Shared Sales Tax.
g The City agrees to enforce and collect the sales taxes to be shared under the
provisions of this Section no less diligently than elsewhere in the City. The
Annexors acknowledge that the tax returns filed by individual retailers and the
individualized information derived therefrom are confidential and the Annexors
agree not to request such returns from the City unless a waiver of confidentiality
has been granted by the respective retailer to the City. If a retailer provides a
waiver of confidentiality to the City, the City shall share the retailer's tax return
information with the Metropolitan District.
h Within 75 days of the end of each City fiscal year, the City shall deliver to the
Metropolitan District and to Cabela's a statistical report of all sales taxes
receIved in such fiscal year from the Property (classified to prevent the
identification of a particular return or report unless a waiver of confidentiality
has been obtained from any identified retailer)
Cabela's or the Metropolitan District shall have the right to audit or contest, at
its sole expense, the City's computation of Shared Sales Tax However, under
no circumstances shall the City or its representative be under any obligation in
connection with such audit to disclose individual sales tax returns or reports or
any information or documents from which individual sales taxes could be
ascertained or determined, as the parties recognize that such individualized
information is confidential and cannot be disclosed unless a waiver of
confidentiality has been obtained from any identified retailer. Except in the case
of contests for which Cabela's has alleged breach of this Agreement, audits shall
not occur more than once annually at the time the City subjects its records to
audits required by state law In cases of contest for which Cabela' s has alleged
breach of this Agreement, Cabela's may conduct an additional audit at its
expense
J Within 75 days of the end of each fiscal year the Metropolitan District shall
provide the City with a full and complete accounting of the expenditure of all
funds received by the Metropolitan District under the provisions of this Section
dunng the previous fiscal year, in sufficient detail to enable the City to confirm
that all expenditures were made for the purposes authorized by this Agreement.
k. Nothing herein shall be construed in any manner to limit the nght of the
Annexors, their respective successors or assigns, or any nonprofit organization,
public entity (including the Metropolitan District), owners' or tenants'
association, or similar entity, to impose or collect, or cause to be imposed or
collected, public improvement fees, taxes, assessments or similar charges for
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15
the purpose of providing, operating or maintaining infrastructure or amenities to
serve the Property.
1. Any payments by the City under this Section shall be expressly subject to annual
appropnation by the City acting in its sole and exclusive discretion, provided,
however, that it is the present intent and expectation of the parties that the City
will in fact make all of the payments contemplated by this Agreement None of
the payment obligations of the City hereunder shall be required to be paid from
any source other than Shared Sales Taxes as set forth in this Section. The City
Manager or any other officer or employee of the City charged with the
responsibility for formulating the proposed budget of the City, is hereby
directed to include in the budget proposal submitted to the Council in each year
this Agreement is in effect, amounts sufficient to pay the Shared Sales Taxes, to
the full extent that the City shall have received such amounts or reasonably
anticipates receiving such amounts payable under this Agreement.
m. Prior to the opening of the Cabela's Store the City will take the necessary action
to temporarily waive nine-tenths of one cent of its three cent sales tax on
transactions within the Property After the principal and interest on the Shared
Sales Tax Revenue Bonds have been paid in full or the term during which the
City has agreed to remit the Shared Sales Tax to the Metropolitan District has
expired, if Public Improvement Fee Revenue Bonds are outstanding, the City
will take the necessary action to increase the amount of its sales tax that is
temporarily waived to one cent. At such time the Public Improvement Fee may
be increased to 1 5 % Upon the earlier to occur of (i) the payment of principal
and interest on Bonds issued to acquire and/or construct the Public
Improvements described in this Agreement or (ii) forty (40) years after the date
the first series of Bonds are issued to acquire and/or construct the Public
Improvements described in this Agreement, the temporary waiver of a portion
of the City's Sales Tax shall cease and the City shall be entitled to collect the
full amount of its sales tax. The waiver of a portion of the City's sales taxes as
described to this Section 8 is intended to be temporary only and not a change in
the City's tax policy pursuant to applicable law In the event the City is unable
for any reason to remove the temporary waiver of a portion of its sales tax after
the Bonds are paid in full or expire in accordance with their terms, the
Annexors agree to continue the imposition of the Public Improvement Fee for
such period of time and in an amount sufficient to reimburse the City for any
revenue lost by the City due to the temporary waiver of the City sales tax
n_ If the City should increase its sales tax above the three percent (3%) rate, then
the City will take the appropriate action to temporarily waive an additional
portion of Its sales tax to the extent necessary to cause the total of all sales taxes
and the Public Improvement Fees charged on transactions occurring within the
Property (the "Total Project Tax and Fee") not to exceed the greater of (i) eight
and one-tenth percent (8 1 %), or (ii) the average sales tax and other fees then
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being charged within those cities within the Denver metropolitan area listed on
Exhibit D (the "Comparable Cities"), For example, if the City raises its sales
tax to 3.5% and such City sales tax when combined with other sales taxes and
the Public Improvement Fee equals 8 6 % and the average sales taxes and other
fees within the Comparable Cities is then 79%, the City will temporarily waive
an additional .5% of its sales tax such that the total of the sales taxes and other
fees charged on sales within the Property will be 8 1 % Conversely, in the
event that the average sales tax and other fees being charged by the Comparable
Cities (the "Comparable City Average") increases above 8.1%, the City may
decrease its waiver of sales tax such that the Total Project Tax and Fee equals
the Comparable City Average
o The CIty agrees initially to receive the Public Improvement Fee on behalf of the
Annexors (and any other owner of Property) and the Metropolitan District. In
doing so, the City will be entitled to charge, and will be paid by the Annexors
or the Metropolitan District, a fee or reimbursement in an amount not to exceed
the City's costs of collecting and remitting the Public Improvement Fee
revenues So long as the City is providing such services, any retailer will be
reqmred to prepare and file two returns with the City, one for sales taxes and
one for the Public Improvement Fees The City will not undertake to coHect or
enforce collection of any Public Improvement Fees not received by it, but shall
report, to the extent the City has such information, any retailer to the
Metropolitan District who does not remit Public Improvement Fees to the City
consistent with the amounts owed Either the City or the Metropolitan District
will be entitled to terminate the City's services upon not less than 180 days'
prior notice to the other party The City agrees to cooperate with the
Metropolitan District to' (1) determine the timing of payment of the Public
Improvement Fees to the City, (ii) produce and update materials for retailers
collecting the Public Improvement Fees stating the procedures related thereto
and providing reporting forms, (iii) develop procedures for advising the City of
those retailers subject to the Public Improvement Fees; (iv) develop procedures
for adjusting the Public Improvement Fees for refunds and other post-sale
events, and (v) take any other actions reasonably necessary to allow for the
orderly and uninterrupted collection of Public Improvement Fees, provided
however, that any costs incurred by the City in connection with the provision of
any other services agreed to in accordance herewith will be paid to, or deducted
by, the City from the Public Improvement Fees received by it. The City
authorizes the City Manager to enter into such agreement or agreements as may
be necessary or appropriate to implement the provisions of this Section 8
p The Public Improvement Fee may be imposed for a term not to exceed forty
(40) years from the date of issuance of the initial senes of Public Improvement
Fee Revenue Bonds
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17
9. BONDS
a. Issuance and Purchase of the Bonds The Metropolitan District shall issue, and
Cabela's agrees that it or an affiliate or assIgnee shall purchase from the
Metropolitan District, Bonds in an original principal amount determined by
mutual agreement of the City and Cabela's based on a reasonable determination
of the Public Improvements to be financed with the Bonds and the cash flow
available to the Metropolitan District to pay principal and interest on the Bonds.
The Bonds will be payable solely from the pledged revenues as available from
year to year and it shall not be an event of default under the Bond Indenture or
the Bonds if such pledged revenues are insufficient to pay principal and interest.
Proceeds of the Bonds will be used by the Metropolitan District to fund the
acquisition, construction and installation of the Public Improvements and the
financing costs associated therewith, Cabela's or its assigns will initially
purchase and hold the Bonds for its/their own account, but it/they may later sell
the Bonds in accordance with any restrictions set forth in a Bond Indenture
between the Metropolitan District and the Trustee for the Bonds
b The City will reasonably cooperate with the Metropolitan District in adopting
and approving the necessary proceedings to enable the Metropolitan District to
deliver the Bonds and thereby facilitate the Metropolitan District's construction
of the Public Improvements
c. The City agrees that all Shared Sales Taxes and the Annexors agree that all
Public Improvement Fees, with the concurrence of the Metropolitan District,
may be remitted to a Trustee within thirty (30) days after said Shared Sales
Taxes or Public Improvement Fees are collected by the City. The Bond
Indenture for the Shared Sales Tax Revenue Bonds will provide that the Trustee
will then utilize Shared Sales Taxes to pay principal and interest on the Shared
Sales Tax Revenue Bonds The Bond Indenture for the Public Improvement Fee
Revenue Bonds will provide that the Trustee will then utilize Public
Improvement Fees to pay principal and interest on (i) the Public Improvement
Fee Revenue Bonds and (ii) as set forth in Section 8 b, the Shared Sales Tax
Revenue Bonds Cabela's or Its assIgns shall not be required to guarantee
payment of any of the Bonds and the City shall not have liability for payment of
the Bonds independent of the City's obligation to remit Shared Sales Tax and
Public Improvement Fees as provided in and subject to the limitations of this
Agreement.
d To the greatest extent possible under federal and state law, the different series of
Bonds issued by the Metropolitan District shall be issued as Tax-Free Bonds,
and the remainder of the Bonds shall be Taxable Bonds To the extent permitted
by the Act, the United States Internal Revenue Code of 1986, as amended, and
other applicable laws, rules and regulations, the City hereby acknowledges and
agrees that all costs relating to the construction and installation of Public
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Improvements may be reimbursed by proceeds from the Bonds, regardless of
whether or not said costs were incurred before or after (i) the formation of the
Metropolitan District, or (ii) the issuance of the Bonds.
e. The Bonds shall be payable from two (2) separate sources of revenue collected
in the Metropolitan District. The Public Improvement Fee Revenue Bonds shall
be payable solely from Public Improvement Fees The Shared Sales Tax
Revenue Bonds shall be payable solely from (i) the Shared Sales Tax and (ii) as
set forth in Section 8 b, the Public Improvement Fees. Any revenues available
from each source above the amount needed to pay the current principal and
interest on such Bonds, shall be used to prepay principal on the Bonds payable
from each respective funding source. After the Shared Sales Tax Revenue
Bonds have been paid in full, the Public Improvement Fee may be increased
from 1.4% to 1.5%
f The Public Improvement Fees shall be used (i) first to pay principal and interest
on the Public Improvement Fee Revenue Bonds, (ij) second to pay principal and
interest on the Shared Sales Tax Revenue Bonds as permitted by Section 8 b,
and (iii) then to the extent available after the Bonds have been paid in full, the
Public Improvements Fees may be used to pay ongoing operations and
maintenance costs of the Public Improvements Notwithstanding anything to the
contrary set forth herein, the Public Improvement Fee may continue for up to
forty (40) years after the initial issuance of any Public Improvement Fee
Revenue Bonds, even if such Bonds have been paid in full, in order to continue
funding ongoing operation and maintenance costs associated with the Cabela's
Project.
10. ADDITIONAL INCENTIVES
a Tax Credits and Grants, In addition to the Shared Sales Tax and the other
incentives described herein, the City and Cabela's shall work with each other to
determine whether the Cabela's Project qualifies for (i) any other tax credits or
tax incentives or (ii) any grants
b. Training Grants The City will aid Cabela's in applying and/or qualifying for
federal or state employee Training Grants up to the maximum amount allowed
by law These Training Grants will be available for employees hired in
connection with the Cabela's Store and intercompany training expenses shall be
eligible for said grants
c Advertising and Marketing Grants The City shall cooperate with Cabela's to
assist in acquiring any advertising or marketing grants which might be available
in the State of Colorado to promote the Cabela's Project.
d Taxidermy The City shall use reasonable efforts to identify any taxidermy or
owners of taxidermy and provide that information to Cabela' s to seek donation
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of such taxIdermy to Cabela's at no charge for permanent display in the
Cabela's Store; provided, however, Cabela's acceptance of any such taxidermy
shall be based upon its customary standards for the type of taxidermy displayed
in a typical Cabela's retail facility Any taxidermy accepted by Cabela's and
dIsplayed in the Cabela's Store shall be properly marked with plaques or other
appropriate markers to give credit to the donor.
e. Coors Matters Similar to the provisions described above which may benefit
Cabela's, the City and Coors shall cooperatively work with each other to
determine whether any development from time to time undertaken by Coors on
any of the Coors Parcels will qualify for any tax credits, tax incentives, grants,
Training Grants and/or advertising or marketing grants as described above
11. SPECIAL DISTRICTS
a. Creation of Metropolitan District. The City shall use its reasonable efforts,
consistent with applicable law, to create the Metropolitan District as
contemplated in the Act, as necessary to facilitate development of the Public
Improvements and to provide for the financing thereof described in this
Agreement
b District Service Plan Not later than ninety (90) days following annexation of
the Property, Cabela' s shall file with the City for review and consideration in
accordance with C R.S Section 32-1-204 5, a service plan for the Metropolitan
District (which service plan shall include an intergovernmental agreement
between the District and the City) (the "Service Plan") The City will promptly
initiate and conduct to conclusion all proceedings required by State law for the
consideration and approval or disapproval of same. The City hereby
acknowledges that the basis for City review and approval of the ServIce Plan is
to assure that it complies with state law and is consistent with the duties and
obligations of the Metropolitan District as set forth in this Agreement. In the
event the City fails to approve the Service Plan as provided in this Section, the
sole remedy of Cabela's shall be to disconnect the Property from the City and
terminate this Agreement The City agrees that if it fails to approve the Service
Plan as provided in this Section, it will consent to the disconnection of the
Property
12. OWNERS' ASSOCIATIONS
The Annexors reserve the right to impose covenants upon any portion of the Property
and to form one or more owners' associations for all or any portions of the Property
which shall assume responsibilities for collecting funds to pay common expenses, to
repair and maintain common areas and to enforce restrictive covenants All such
covenants and declarations must be approved by the Metropolitan District and a copy
must be provided to the City
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20
13. DEFAULT AND REMEDIES
a. Annexors' Default. If the City alleges that the Annexors or either of them is in
default under this Agreement and such Annexor does not cure that default within
thirty (30) days following written notice from the CIty, the City shall be entitled
to the following remedies which shall be cumulative. (1) injunctive relief; (2)
specific performance; (3) withholding action on any pending applications or
approvals, including but not limited to Final Development Plans, subdivision
applications, building permits or certificates of occupancy. to the extent such
applications and approvals relate to Cabela's alleged default, and (4) any other
remedies permitted under the Subdivision Regulations, the Planned
Development Regulation, the Wheat Ridge Code of Laws, or otherwise
available at law or in equity, other than damages The City shall extend the
cure period if the nature of the default is such that it cannot reasonably be
remedied within thirty (30) days, provided the Annexor commences the
corrective action within thirty (30) days and diligently pursues such correction
thereafter If the Annexor default arises from the failure to grant any right of
way. easement, or other similar property right as required by this Agreement or
the PCD Outline Development Plan, then the Annexor agrees that the City may
condemn the subject land (provided that such land is a part of the Property
itself) to acquire such property rights pursuant to C R.S Section 38-6-102 The
Annexors agree that in any such condemnation proceedmg, the fair and actual
cash market value of all such property rights are subject to an irrevocable
obligation to grant or dedicate it to the City pursuant to this Agreement, and
Annexors are estopped from asserting otherwise Annexors agree that it would
have granted or dedicated such property upon execution of this Agreement
without compensation. Annexors agree that all dedication and grants of rights
of way, easements and park lands are necessary for public health, safety and
welfare and that the requirements to make such grants or dedications is
accomplished pursuant to the City's police and regulatory powers. It is
expressly agreed and understood that the foregoing provisions do not apply to or
affect any property other than the Property itself, and do not apply to or affect
any other property whether or not contiguous to the Property, including any
other property owned by Coors Notwithstanding anything expressed or Implied
herein to the contrary, Coors shall be under no obligation whatsoever to (i)
annex into the City any property other than the Property as provided herem or
(Ii) dedicate, encumber, or otherwise contribute any property or interest in
property (whether such interest relates to the Property) to any person or entity
for any purpose other than as provided herein
b City Default If Annexors allege the City is in default under this Agreement and
the City does not cure that default within thirty (30) days following written
notice from either Annexor, Annexors will be entitled to the following remedies
which shall be cumulative (1) injunctive relief; (2) specific performance, (3)
stopping construction of the Cabela's Store or any Public Improvements
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contemplated in this Agreement; and (4) any other remedies available at law or
in equity, except damages Any remedies available to Annexors shall be limited
by the then existing governmental inununity act. Annexors shall extend the cure
period if the nature of the default is such that it cannot reasonably be remedied
within thirty (30) days, provided the City conunences corrective action within
thirty (30) days and diligently pursues such correction thereafter
c No Damages No party shall be entitled to claim or receive any form of
damages upon default or otherwise, including without limitation, economic,
consequential, contingent, punitive damages, lost profits or attorneys' or
experts' fees or court costs
14. MISCELLANEOUS
a Nexus Ruling The parties each acknowledge that Cabela's willingness to enter
into this Agreement was contingent upon Cabela's first receiving a favorable
ruling from the Colorado Department of Revenue (the "Department") with
respect to nexus issues (the "Nexus Ruling") In connection with this, the
Department confirmed to Cabela's in a Nexus Ruling that Cabela's activities in
the State will not create nexus for Cabela's remote affiliates and thus, such
remote affiliates will have no obligation to collect and remit sales and use tax
nor win such remote affiliates be subject to Colorado income tax The City
acknowledges and agrees that the revocation of the favorable Nexus Ruling
would substantially impair the contractual relationship created under this
Agreement. Further, the City agrees that it will support the favorable Nexus
Ruling which Cabela's received from the Department and, in the event that the
Department later challenges or revokes said Ruling, the City shall testify on
behalf of Cabela's and acknowledge that Cabela's would not have located the
Cabela's Store in the State without first receiving the favorable Nexus Ruling
b Time of the Essence Time is of the essence with respect to the performance of
each party's obligations hereunder, subject to events of Force Majeure.
c No Repeal of Code of Laws Nothing contained in this Agreement shall
constitute or be interpreted as a repeal of any provision of the existing City
Code or as a waiver of the City's legislative, executive, administrative, judicial,
governmental or police powers to promote and protect the health, safety, or
general welfare of the City or its inhabItants Except as expressly proVIded
herein and in the PCD Outline Development Plan, this Agreement does not
supplant the City's land use regulations and other ordinances and regulations as
they relate to the Property and shall not be construed to limit the authority of the
City to adopt different ordinances, resolutions, regulations, rules, policies or
codes so long as they apply throughout the City uniformly or to classes of
individuals or properties uniformly In the event of an inconsistency between
the Wheat Ridge Code of Laws and the more specific provisions that have been
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negotiated in connection with this Agreement, the provisions of this Agreement
shall govern
d. Referendum, In the event that the ordinances to be considered by the City
relative to the annexation and zoning of the Property become the subject of a
citizen petitioned referendum, the ordinances subject to such referendum and
this Agreement shall be suspended pending the outcome of the referendum. If
the result of the referendum election is to reject such annexation or zoning, all
of the provisions contained herein shall be null and void and of no effect, and
such rejection shall be deemed a "failure to serve" pursuant to C.R.S Section
31-12-119, but shall not be deemed to be a default by the City under
Section 13, b and remedies provided therein shall not be available. Conversely,
if the result of such referendum election is to affirm such annexation and
zoning, the Property shall be deemed finally annexed and zoned, whereupon this
Agreement shall remain effective and the parties shall be bound by all of the
terms and conditions contained herein as of the date of this Agreement. In the
event of such referendum, the parties agree to cooperate in the defense of the
annexation and zoning of the Property unless either party determines in its sole
discretion not to defend a referendum or other challenge to the annexation and
zoning of the Property To the extent Annexors and the City agree to defend
and participate in such a referendum, the parties shall share equally in all costs
and attorneys' fees in defending and participating in such referendum, including
but not limited to the costs of the referendum election.
e. Successors and Assigns This Agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the parties hereto
f Entire Agreement. This Agreement embodies the whole agreement of the
parties on the subjects contained herein. This Agreement shall supersede all
previous communications, representations, or agreements either verbal or
written between the parties hereto, If adopted by the City, the parties agree that
the ordinances approving annexation of the Property and adoption of the PCD
Outline and Pinal Development Plans may contain additional matters pertinent to
the integration of the Property into the City and development of the Property
Therefore, this Agreement must be interpreted and applied in a manner
consistent with such ordinances, provided, however, any such additional matters
do not create financial obligations on the Metropolitan District, the Annexors or
the Property inconsistent with the terms set forth herein without the prior
written consent of the parties so impacted Any property designated for future
commercial, retail, office, warehouse and/or recreational uses shall comply with
the then-existing requirements for Pinal Development Plan approval
g. Assignment. Cabela's or Coors may assign their respective rights and duties
hereunder in whole or in part to others who become fee title holders or ground
lessees of the Property or any portion thereof with the City's written permission,
23
273090 4
273090 4
which permission will not be unreasonably withheld, provided, however, that
either Cabela I s or Coors may assign any or all of their respective rights and
interests hereunder to one or more of their respective affiliates to perform their
respective obligations hereunder (in any or all of which cases Cabela' s or
Coors, as the case may be, nonetheless shall remain responsible for the
performance of all of its obligations hereunder) No assignment shall release
the Property from any restrictions imposed upon the Property by this
Agreement, unless a specific release has been given by the City in writing, The
City may, but shall not be obligated to release the seller or ground lessor in such
transactions, however, any such release must be executed in writing by the City
and recorded with the Jefferson County Clerk and Recorder in order to
effective.
h. Notice, Any notice required or permitted under this Agreement will be deemed
to be received when delivered personally in writing or five (5) days after notice
has been deposited with the U.S. Postal Service, postage prepaid, certified and
return receipt requested, and addressed as follows'
To Cabela's
Attn: Kevin Rhodes
Cabela's Retail, Inc
One Cabela Drive
Sidney, NE 69160
with a copy to
Attn. Kent Kelsey
Cabela's Retail, Inc
One Cabela Drive
Sidney, NE 69160
and with a copy to'
Attn. Tom Ackley
Kaley Jessen P C
One Pacific Place, Suite 800
1125 South 103 Street
Omaha, NE 68124
To Coors
Attn Neil Jaquet
Coors Brewing Company
311 10th Street
Post Office Box 4030
Mail Stop CC370
Golden, CO 80401
24
with a copy to'
Attn: Samuel Walker
Coors Brewing Company
311 Wh Street
Golden, CO 80401
and with a copy to
Attn. Jim Serven
Moye Giles LLP
1400 16th Street #600
Denver, CO 80202
To City
Randy Young
Wheat Ridge City Manager
7500 W, 29'h A venue
Wheat Ridge, CO 80033
With a copy to
City Attorney
City of Wheat Ridge
7500 W, 29th Avenue
Wheat Ridge, CO 80033
Any party may change the address to which notice is to be sent by providing
notice in the manner set forth in this Section.
Cooperative Drafting. This Agreement is the product of a cooperative drafting
effort by the City, Coors and Cabela' s and shall not be construed or interpreted
against any party solely on the basis that one party or its attorney drafted this
Agreement or any portion of it.
J Severability If any provision of this Agreement is held to be in conflict with
any applicable statute or rule of law or is otherwise held to be unenforceable for
any reason whatsoever, such circumstances shall not have the effect of rendering
the provision in question inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision or provisions herein contained
invalid, inoperative or unenforceable to any extent whatsoever The invalidity
of any portIOn of this Agreement shall not affect any or all of the remaining
portions of this Agreement.
k Compliance WIth Article X, Sec 20 of Colorado Constitution. If any provision
hereof is declared void or unenforceable due to a purported violation of Article
X, Section 20 of the Colorado Constitution, the City shall take all such action as
may be necessary to cure such violation, including, but not limited to, seeking
2730904
25
m.
273090 4
voter approvals, either in advance of, or following the purported violation, as
may be allowed by law,
1.
Amendment. This Agreement cannot be modIfied or revoked except by an
instrument in writing signed by the City, Coors and Cabela' s or the then owner
of the Property or any portion thereof if there has been an assignment as it
relates to the specific Property
Third Party Beneficiaries Nothing expressed or implied in this Agreement is
intended or shall be construed to confer upon, or to give to, any legal person
other than the parties, any right, remedy, or claim under or by reason of this
Agreement or any covenants, terms, conditions, or provisions thereof, and all of
the covenants, terms, conditions, and provisions in this Agreement by and on
behalf of the parties shall be for the sole and exclusive benefit of the parties;
provided, however, after the Metropolitan District described in this Agreement
is formed, it shall be deemed to be a third party beneficiary with the right to
enforce the provisions of this Agreement which are applicable to it. Nothing in
this Agreement is intended to interfere with any agreements of the parties with
third parties
n
Captions The captions or headings in this Agreement are for convenience only
and in no way define, limit or describe the scope or intent of any provisions of
this Agreement.
o.
Counterparts ThIs Agreement may be executed in two or more counterparts,
each of which shall be an original and all of which shall constitute but one and
the same instrument The parties may execute this Agreement and all other
agreements, certificates, instruments and other documents contemplated by this
Agreement and exchange the counterparts of such documents by means of
facsimile transmission and the parties agree that the receipt of such executed
counterparts shall be binding on such parties and shall be construed as originals.
Thereafter, the parties shall promptly exchange original versions of this
Agreement and all other agreements, certificates, instruments and other
documents contemplated by thIs Agreement that were executed and exchanged
by facsimile transmission.
p
Governing Law This Agreement shall be construed under the laws of the State
of Colorado Jurisdiction and venue shall be proper and exclusive in the District
Court for Jefferson County, Colorado
q,
Execution by Cabela' s and Coors The execution by Cabela' s and Coors shall not
affect their respective rights, duties, obligations, and remedies under any other
contract or agreement entered into between such parties, each of which contracts
26
and agreements shall be governed exclusively by the terms, covenants, and
condItions thereof.
15. EXHIBITS. This Agreement includes the following Exhibits, attached hereto and fully
incorporated herein by this reference'
EXHIBIT A:
The Property
EXHIBIT B:
Concept Site Plan [Revised exhibit may be substituted
upon filing of Outline Development Plan, as permitted
by Section 2.d.]
EXHIBIT C:
Retail Center Restrictive Covenants
EXHIBIT D:
Tax Rates of Comparable Cities
EXHIBIT E:
Public Improvements Funded with Shared Sales Tax
Revenue Bonds
[The remainder of this page intentionally left blank ]
27
273090 4
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
effectIve as of the date first set forth above.
ATTEST:
(;;) ~^
~
City Clerk
CITY OF WHEAT RIDGE
I 'L
.(." .
By. "-jL x', 0.. ; t
,CStetchen Cerveny
jayor
l
( (~k:" < ~;.\
~ )
AP~~p
Gerald . DaW
City Attorney
COORS
BY:~~
Nan1e: Sall1uel D. Walker
Title: Chief Legal Officer Coors
Coors Brewing Worldwide &
CABELA'S
By'
Nan1e:
us and Title: ~JJ/or
Group VP Public Affairs
STATE OF COLORADO )
) ss,
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by Gretchen Cerveny as Mayor,
and by Pan1ela Anderson, as City Clerk of the City of Wheat RIdge, this ;;ze> ?:.,.h' day of
D/CL,N#//l ,2004
Witness my hand and official seal.
My commission expires: ~ - /0 -;;1
/
/
,
I
..----
C:?/~%
ublic
[SEAL]
28
273090.4
STATE OF NEBRASKA )
) ss.
COUNTY OF CHEYENNE )
Th~ foregoing instrument was acknowledged before me by jJ/;/{/' ti/lakl"- as
...SLntu ( l/u!hi1/Jti40fCabela's Retail, Inc., this .7{)fr- day of L\i:-.tU~J';';r ,2004.
Witness my hand and official seal.
My commission expires:
[SEAL]
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foreEmg instrument was acknowledged before me bY~'{Ul\llf \ \ l\:uLn as
CJ'\le\' \. C;crJ ()(' Uf{ of Coors Brewing Company, this ,::;JC, day arTY! fFn.k:u r ,
2004. '
Witness my hand and official seaL
My commission expires: II -),) -C1
[SE
,d~I'\..A f)~ ',3 . I~ \'u rLD
Notary ublic
29
273090.4
EXHIBIT A
The Property
273090.4
I
EXHIBIT A
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,
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COC>f\S PARCEL r
4>.32 ACAU
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PAACa ,
)16,01 ACAE:&
COOf'\S ,. ~El 3
. _ -'CAU
COORS PAACB. 1
'2271 ACR:(.S
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LEGEND
/~~
oo.....u"n....'" '-...~.....j[....
BOUNDARY
PARCEL BOUNDARY
MART '-...I .....ARTIN
,:I-.....~ _..~ COL~"'. ......
..o.o...~'.ao
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JlO:JI "'3.' ....'00
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EXHIBIT B
Concept Site Plan
273090 4
ROW MATRIX
SALTER
COORS 1
COORS 2
COORS 3
SUBTOTAL
JEFFCO'
TOTAl
r-
--
-- ~- ~-_._- --~~--
EXHIBIT 8
/ ::~' ,__c,_~":~::;:::~7- ,- .,
/
./
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/,
074 ACRE
701 ACRES
1 77 ACRES
040 ACRE
9.92 ACRES
0.27 ACRE
1019 ACRES
-.;0'"
! !
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~--- "
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COORS PJ<W;EL lA
2'S..1~ ACAES
JEF FOJ
PARCEll
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. ~ ri~/~ ~ \1
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PARK"'" "l I
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" I
NQT(S
rpRDPOsEO ROW is NOT INCt.UOED WITH"
JUFCQ P-'f\CEL ,o,cf\EAGE
LEGEND
~
BOUNDARY
COOA:G PAACfl ,
3.&lACJ\f.S
RO....
ttll~
....,u
.. 17 ACAfS
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~-~~A;
, il4a,A.CRU,
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PARCEL BOUNDARY
CABELA'S BUILDING
/~~
t-1ARTIN ""'ARTIN
OO........L..-'...O ~..O.N.c:...
CABELA'S PARKING AREA
-E-
, "''''<;>1;1 .....' co....... .......
~ 0 .0" . s, ,..00
L."-"''''_Oco co .u"',..
:JO:l ..3' ..' 00
""'10< ;a03 ":0' "0..
PARCEL ACCESS
273090 4
EXHIBIT C
Retail Center Restrictive Covenants
DECLARATION OF
COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this _ day of , 200_, by Cabela's
Retail, Inc, a Nebraska corporation ("Cabela's") and Coors Brewing Company, a Colorado
corporation ("Coors") (Cabela's and Coors are sometimes individually referred to herein as a
"Developer" and collectively, as the "Developers")
WITNESSETH
WHEREAS, Cabela's is the owner of the real property located in Jefferson County,
Colorado, and legally described on Exhibit "A" attached hereto (hereinafter the "Cabela's
Property"); and
WHEREAS, Coors is the owner of the real property located in Jefferson County,
Colorado and legally described on Exhibit "B" attached hereto (hereinafter the "Coors Property")
(collectively, the Cabela's Property and Coors Property is sometimes referred to as the
"Property"), and
WHEREAS, in order to establish a general plan for the improvement and development of
the Property, Developers desire to SUbject the Property to certain conditions, covenants and
restrictions, upon and subject to which all of the Property shall be held, improved and conveyed.
NOW, THEREFORE, Developers hereby make the following declaration.
ARTICLE 1
DEFINITIONS
1 1 Owner The term "Owner" shall mean any individual, partnership, joint venture,
corporation, trust, unincorporated association, governmental agency or other
business entity now or hereafter holding of record an ownership interest in fee in
a portion or all of a Lot.
1.2 Lot. The term "Lot" shall mean or refer to any platted or unplatted parcel of real
estate located within the boundaries of the Property other than areas used or
dedicated for public improvements
ARTICLE 2
PROTECTIVE COVENANTS, RESTRICTIONS AND CONDITIONS
2.1 Duration and Termination. Subject to the terms of Section 6.2, all of the Lots
shall be held, sold and conveyed subject to the following restrictions, covenants
and conditions, which are for the purpose of protecting the desirability and value
of, and which shall run with, the Lots and be binding upon and inure to the benefit
of all parties having any right, title or interest in the Lots or any part thereof, their
successors, and assigns for a period of twenty (20) years after the date of this
Declaration (the "Initial Term"), after which time they shall be automatically
Exhibit C
273090 4
extended for successive periods of five (5) years (each, an "Extended Term"),
unless an instrument terminating this Declaration properly executed by the
Owners of 70% of the total area within the Property is duly recorded in the office
where this Declaration is recorded within one year of the end of the Initial Term
or any Extended Term, in which case this Declaration shall terminate effective as
of the end of the Initial Term or such Extended Term as applicable Without
limiting the generality of the foregoing, each and all of the restrictions, covenants
and conditions contained in this Declaration (whether affirmative or negative in
nature); (a) are made for the direct, mutual and reciprocal benefit of each Lot; (b)
will create mutual equitable servitudes upon each Lot; (c) will bind every party
having any fee, leasehold, mortgage or other interest in any portion of each Lot
at any time or from time to time to the extent that such portion is affected or
bound by the restriction, covenant or condition, and (d) will inure to the benefit of
Owners and their respective successors and assigns as to the respective Lots
and to the benefit of mortgagees under mortgages covering said Lots and
beneficiaries and trustees under trust deeds covering said Lots.
2.2 Default; Enforcement. Owners of the Lots shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, covenants and conditions now
imposed by the provisions of this Declaration. No breach of this Declaration by
either Developer or any Owner will entitle any Owner to cancel, rescind or
otherwise terminate this Declaration. In such action brought to enforce the terms
of this Declaration, the unsuccessful party in any action shall indemnify the
prevailing party for all reasonable attorney's fees and other reasonable costs and
expenses incurred by the prevailing party in connection with such proceedings.
2.3 Notice of Compliance. Upon request of the Owner of a Lot in connection with
proposed financing or sale of such Lot, the Developer that initially owned said Lot
on the date of this Declaration will provide to such Owner written notice, in
recordable form, indicating the status of Owner's compliance with this
Declaration as of the date of such notice
ARTICLE 3
USE RESTRICTIONS
3 1 General Restrictions No use shall be permitted on any of the Lots which is
inconsistent with the development and operation of a first-class real estate
development. Without limiting the generality of the foregoing, the following uses
shall not be permitted.
a. Any use which emits an obnoxious odor (eXClusive of cooking odors in
connection with the permitted use of the Lot), noise or sound which can
be heard or smelled outside of any building constructed on any of the
Lots,
b Any operation primarily used as a storage warehouse operation and any
assembling, manufacturing, distilling, refining, smelting, agricultural or
mining operation,
c Any "second hand" store or "surplus" store,
2
Exhihit C
273090 4
273090 4
d. Any mobile home park, trailer court, labor camp, junkyard or stockyard
(except that this provision shall not prohibit a recreational vehicle resort
area or the temporary use of construction trailers during periods of
construction, reconstruction or maintenance);
e Any dumping, disposing, incineration or reduction of garbage;
f Any fire sale, bankruptcy sale or auction house operation,
g. Any dry cleaning plant or laundromat utilized in connection with a
commercial cleaning business,
h Any signs promoting or relating to any business, store, restaurant, hotel
or other retail establishment not located on the Property;
i. Any automobile, motorcycle, truck, trailer or mobile home body Shop or
repair operation, except those body shop and repair operations owned
and operated by a licensed motor vehicle dealer and operated on the site
of the dealer's principal place of business;
Any bowling alley;
k. Any animal raising facility;
Any mortuary or funeral home,
m. Any establishment selling or exhibiting illegal drug related paraphernalia,
n Any bar, tavern, or other establishment serving alcoholic beverages other
than' (i) one holding a valid hotel and restaurant license as described in
Section 12-47-411, C R.S , provided, that if such establishment utilizes a
theme that incorporates the name or logo of a particular brewery or
otherwise conducts its alcoholic beverage operations to promote the
products of a particular brewery in preference to the products of all or
substantially all other breweries, such establishment shall be prohibited
hereunder unless such theme and primary products are those of Coors
and such establishment is operated by or under a license from Coors, or
(ii) one holding a brew pub license as described in Section 12-47-415,
C R.S, provided that such establishment is operated by or under a
license from Coors,
o Any sexually-oriented businesses such as, but not limited to, x-rated
movie or video sales, theater or rental facilities, nude modeling studios,
massage parlors, lounges or clubs featuring nude or semi-nude
entertainers or escort services,
p Any prisons, jails or other detention or correctional facilities,
q. Any flea market, pool or billiard hall or dance hall, provided, however,
such activities shall be permitted if the same are incidental to a primary
use which is not otherwise prohibited hereby;
3
Exhibit C
r. Any training or educational facility, including but not limited to, beauty
schools, barber colleges, reading rooms, places of instruction or other
operations catering primarily to students or trainees rather than to
customers; provided, however, this prohibition shall not be applicable to
on-site employee training or to conference/convention facilities,
s. Any gambling facility or operation, or
t. Any retail establishment which devotes more than 10% of its retail selling
space (but in no event more than 5,000 square feet of retail selling
space), or utilizes any temporary kiosk or tent sale, for the purpose of
selling anyone or any combination of the following product categories
(x) hunting products including, but not limited to, such items as firearms,
handguns, ammunition, optics, hunting apparel, hunting footwear, ATV
and SUV accessories, and hunting accessories, (y) fishing products
including, but not limited to, such items as rods, reels, waders, fishing
lures, fishing footwear, marine products, boats, boat motors, fishing
electronics, and fishing accessories, and (z) camping products including,
but not limited to, such items as tents, sleeping bags, camping cookware,
hiking footwear (but excluding from this prohibition any shoe store, or
other retail establishment having a shoe department, selling multiple lines
of general purpose footwear that may include hiking footwear), and
related camping accessories. Provided, however, that the Owner of the
Lot legally described on Exhibit "C" attached hereto may operate a
Cabela's retail store thereon, may assign the right to use said Lot for
selling hunting, fishing, camping or other outdoor equipment, and may
grant a variance to this restriction to other Owners of other Lots in its sole
discretion. Provided further, however, that any non-profit organization
may sell any amount of hunting, fishing, camping, or outdoor equipment if
such sales are limited to its members and not to the general public.
Provided, that notwithstanding anything expressed or implied herein to the contrary,
Coors shall have the right to construct and maintain on any portion of the Coors Property such
structures as are from time to time deemed by Coors to be necessary or appropriate in
maintaining, utilizing, and/or servicing any lake located on the Coors Property (each, a "Coors
Lake Structure")
ARTICLE 4
CONSTRUCTION
4 1 Submission of Plans. No improvements shall be erected, placed, altered,
constructed, maintained or permitted to remain on any Lot subject to these
restrictions until the proposed use and the plans and specifications showing plot
layout and all exterior elevations with materials and colors therefore and
structural design, signs and landscaping (collectively, "Plans") shall have been
formally submitted, in writing, to each of the Developers and approved in writing
by each of the Developers ("Developer Approval"), which approval shall not be
unreasonably withheld or conditioned Plans shall be submitted as follows:
a. To Cabela's. at: Cabela's Retail, Inc., One Cabela Drive, Sidney,
Nebraska 69160, Attention Director of Real Estate Development.
4
Exhibit C
273090 4
b. To Coors: at: Coors Brewing Company, 311 10th Street, PO. Box 4030,
PMB CC370, Golden, Colorado 80401, Attention Neil Jaquet.
4.2 Developer Approval and Owner's Warranties The Developer Approval shall be
based, among other things, on adequacy of site dimensions, adequacy of
structural design, conformity and harmony of external design with neighboring
structures, effect of the location and use of improvements on neighboring Lots,
proper facing of main elevation with respect to nearby streets, and conformity of
the Plans to the purpose and general plan and intent of these restrictions,
covenants and conditions Each Developer shall render its written approval or
disapproval within twenty-one (21) calendar days of receipt of the Plans. If no
written disapproval is rendered by either Developer within said twenty-one (21)
days, then the Plans shall be deemed to be approved. The Owner who is
undertaking said construction represents and warrants that it will not materially
alter or deviate from said Plans in the construction of the improvement upon the
Lot without prior written consent of each Developer, which consent shall not be
unreasonably withheld, conditioned, or delayed
4 3 Owner's Responsibilities for Commencement of Construction. An Owner shall
commence construction/development of improvements on his/her/its Lot within
one (1) year after receiving Developer Approval for his/her/its Plans for said Lot.
4 4 Owner's Responsibilities for Partlv Constructed Buildinqs. After the
commencement of any improvement on a Lot, the Owner of the Lot shall
diligently prosecute the work thereon to the end that the improvement shall not
remain in a partly finished condition any longer than is reasonably necessary for
completion thereof
4 5 Excavation. No excavation shall be made on any Lot except in connection with
construction of improvements, and upon completion of said improvements, it
shall be the Owner's responsibility to back fill exposed openings and grade and
level any ground disturbed by the construction of the improvement.
ARTICLE 5
MAINTENANCE OF LOTS
5 1 Maintenance of Constructed Buildinqs After the completion of construction,
each Owner covenants and agrees to maintain and keep the exterior and interior
portions of the constructed buildings, if any, located on its Lot in first-class
condition and state of repair, in compliance with all governmental laws, rules,
regulations, orders and ordinances exercising jurisdiction thereover, and in
compliance with the provisions of this Declaration. Each Owner further agrees to
store all trash and garbage in adequate containers, to locate such containers so
that they are not readily visible from the parking area or highway and to arrange
for the regular removal of such trash or garbage
5.2 Maintenance of Damaqed Buildinqs In the event that any of the buildings are
damaged by fire or other casualty (whether insured or not), the Owner upon
whose Lot the building is located shall, subject to governmental regulations
and/or insurance adjustment delays, immediately remove the debris resulting
from such event and provide a sightly barrier, and within a reasonable time
5
Exhibit C
273090 4
thereafter shall either (i) repair or restore the building so damaged to a complete
unit, such construction to be performed in accordance with all applicable
provisions of this Declaration, or (ii) erect another building in such location, such
construction to be performed in accordance with all applicable provisions of this
Declaration, or (iii) demolish the damaged portion and/or the balance of such
building and restore the cleared area to either a hard surface condition or a
properly maintained landscaped condition planted with grass seed, The Owner
shall have the option to choose which of the foregoing alternatives to perform,
but such Owner shall be obligated to perform one of such alternatives
5 3 Maintenance of Vacant Lots Owners shall be required to maintain vacant Lots in
a manner that does not cause a nuisance to adjoining Lot Owners or Developers.
Without limiting the generality of the foregoing, such maintenance shall include
the mowing of said Lot, the removal of any noxious weeds or other unsightly
plant growth, and the removal of all trash, rubbish and debris from said Lot.
Provided, that Coors shall not be obligated to mow or remove any natural flora
(other than noxious weeds) growing on the Lot legally described on Exhibit "D"
attached hereto
5 4 LandscapinQ. Every Lot on which a building (other than a Coors Lake Structure)
has been erected shall be landscaped and maintained thereafter in a sightly and
well kept condition according to the following:
a. All street and side setback areas as required by local law, with the
exception of drainage areas, driveways, sidewalks, other walkways and
parking areas shall be used exclusively for the planting and growing of
trees, shrubs, lawns and other ground covering or material as approved
by the Developers under Section 4 1 hereof.
b The Lot Owner shall landscape and maintain unpaved areas between the
street curb line and the property line adjoining any street. If said
landscaping is not properly maintained in the reasonable opinion of either
Developer, such Developer may, after not less than seven (7) calendar
days' notice to the Lot Owner, undertake such maintenance as may be
necessary, at the expense of the Lot Owner.
c. Landscaping, as approved by the Developers under Section 4 1 above,
shall be installed within ninety (90) days of occupancy or completion of
the building, whichever occurs first, subject to reasonable extension due
to delays caused by adverse weather
d All unused and non-landscaped land area that is planned for future
building expansion or other purposes shall be maintained and kept free of
weeds, other unsightly plant growth, rubbish and debris
55 Taxes and Assessments. The Owners of the Lots shall payor cause to be paid,
prior to delinquency, directly to the appropriate taxing authorities all real property
taxes and assessments which are levied and assessed against their respective
Lots
6
Exhihit C
273090 4
ARTICLE 6
VARIANCES, AMENDMENTS AND TERMINATION
6 1 Amendments and Terminations. This Declaration may be amended or
terminated by written instrument, duly recorded in the office where this
Declaration is recorded and properly executed by the then Owners of 70% of the
total area within the Property; provided, however, no amendment to this
Declaration which places any new restrictions on any Lot, or otherwise materially
adversely affects the rights or materially increases the obligation of the Owner of
any Lot, shall be effective against any such Lot unless the Owner of such Lot
executes the written instrument which is recorded to effectuate such amendment.
It shall not be necessary for the Developers to be a party to any such written
instrument.
6.2 Variances Variances from the restrictions set forth in this Declaration may be
granted by written instrument, duly recorded in the office where this Declaration
is recorded and properly executed by the then Owners of 70% of the total area
within the Property.
ARTICLE 7
EMINENT DOMAIN
Nothing herein shall be construed to give the Developers or the Owner of any Lot any
interest in any award or payment made to any other Owner in connection with any exercise of
eminent domain or transfer in lieu thereof affecting another Owner's Lot or granting the public or
any government any rights in such Lot.
ARTICLE 8
MISCELLANEOUS
8.1 Waiver of Default. No waiver of any default by either Developer or any Owner
will be implied from the failure by either Developer or any other Owner to take
any action in respect of such default. No express waiver of any default will affect
any default or extend any period of time for performance other than as specified
in such express waiver One or more waivers of any default in the performance
of any provision of this Declaration will not be deemed a waiver of any
subsequent default in the performance of the same provision or any other
provision. The consent to or approval of any act or request by either Developer
or any Owner will not be deemed to waive or render unnecessary the consent to
or approval of any subsequent similar act or request. The rights and remedies
provided by this Declaration are cumulative and no right or remedy will be
exclusive of any other, or of any other right or remedy at law or in equity which
any Owner might otherwise have by virtue of a default under this Declaration,
and the exercise of any right or remedy by any Owner will not impair such
Owner's standing to exercise any other right or remedy
8.2 No Partnership Nothing contained in this Declaration and no action by the
Owner of any Lot will be deemed or construed by any Owner or by any third
person to create the relationship of principal and agent, or a partnership, or a
joint venture, or any association between or among any of the Owners of any of
the Lots
7
Exhibit C
273090 4
83 Severability, If any provision of this Declaration is, to any extent, declared by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Declaration (or the application of such provision to persons or circumstances
other than those in respect of which the determination of invalidity or
unenforceability was made) will not be affected thereby and each provision of this
Declaration will be valid and enforceable to the fullest extent permitted by law
8 4 GoverninQ Law This Declaration will be construed in accordance with the laws
of the State of Colorado
8 5 Captions. The captions of the paragraphs of this Declaration are for convenience
only and are not intended to affect the interpretation or construction of the
provisions herein contained
8 6 Time. Except as otherwise provided in this Declaration, time is of the essence
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
8
Exhibit C
273090 4
IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
day and year first above written.
CABELA'S RETAIL, INC ,
a Nebraska corporation, Developer
By'
Its;
ST ATE OF NEBRASKA )
) ss
COUNTY OF CHEYENNE)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this _ day of ,200_, by ,(title)
of Cabela's Retail, Inc., a Nebraska corporation, for and on behalf of said corporation
COORS BREWING COMPANY,
a Colorado corporation
By'
Its:
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON)
The foregoing Declaration of Covenants and Restrictions was acknowledged before me
this _ day of ,200_, by ,(title),
of Coors Brewing Company, a Colorado corporation, for and on behalf of said corporation
Notary Public
THIS INSTRUMENT WAS DRAFTED BY
Kaley Jessen P C
A Limitt:d Liability Organization
1125 South 103 Street, Suite 800
Omaha, NE 68124
(402) 390-9500
9
Exhibit C
273090 4
Exhibit" A"
Cabela's Property
LEGAL DESCRIPTION OF PARCELS 1-2
10
Exhibit C
273090 4
Exhibit "B"
Coors Property
LEGAL DESCRIPTION OF PARCElS 3-5
11
Exhibit C
273090 4
Exhibit "C"
Cabela's Lot
LEGAL DESCRIPTION OF CABELA'S LOT
12
Exhibit C
273090 4
273090.4
EXHIBIT D
Tax Rates of Comparable Cities
Sales Tax and Public Improvement Fee
Comparative Analysis
(Effective January 1, 2005)
Public Regional Scientific and Football
City Improvement County Transportation Cultural Stadium State
Facilities
Fee District District District
Arvada (Adams County) 3.21 000 070 1.00 0.10 010 2.90
Arvada (Jefferson County) 3.21 0.00 0.50 1.00 0.10 0.10 2.90
Aurora (Arapahoe County) 3.75 0.00 0.25 100 0.10 010 2.90
Aurora (Adams County) 3.75 0.00 0.70 1.00 010 0.10 2.90
Boulder 3.41 0.00 0.65 1.00 0.10 0.10 2.90
Boulder (Food Service) 3.56 000 065 100 010 010 2.90
Brighton (Adams County) 3.75 0.00 0.70 1.00 0.10 0.10 2.90
Brighton (Weld County) 3.75 000 0.00 0.00 0.00 0.00 2.90
Broomfield City and County 4.15 0.00 NA 1.00 0.10 010 2.90
Broomfield Flatiron' 415 0.20 NA 1.00 010 0.10 2.90
Castle Rock 360 0.00 1.00 100 0.10 0.10 2.90
Commerce City 3.50 000 0.70 1.00 0.10 010 2.90
Denver City and County 350 0.00 NA 1.00 0.10 0.10 2.90
Denver (Food and Liquor)' 400 0.00 NA 1.00 0.10 0.10 2.90
Douglas County (Park Meadows) 0.00 0.00 100 1.00 0.00 010 2.90
Englewood 350 0.00 0.25 1.00 010 0.10 2.90
Fort Collins 300 0.00 0.80 0.00 0.00 0.00 2.90
Golden 3.00 0.00 050 100 0.10 010 2.90
Greeley 3.30 000 0.00 0.00 0.00 000 2.90
Greenwood Village 3.00 0.00 0.25 100 0.10 0.10 2.90
Lakewood 2.00 0.00 0.50 1.00 010 010 2.90
Lakewood Bel mar' 100 2.50 050 100 0.10 010 2.90
Lakewood Colorado Mills' 2.00 140 0.50 1.00 010 010 2.90
Littleton (Arapahoe County) 3.00 0.00 0.25 1.00 0.10 010 2.90
Littleton (Douglas County) 3.00 0.00 100 100 010 0.10 2.90
Littleton (Jefferson County) 3.00 0.00 0.50 100 010 0.10 2.90
Lone Tree 1 50 000 1.00 1.00 010 010 2.90
Longmont 2.95 0.00 055 100 0.10 0.10 2.90
Louisville 3.38 000 0.55 1.00 010 010 2.90
Loveland 3.00 0.00 0.80 0.00 0.00 0.00 2.90
Northglenn (Adams) 4.00 0.00 070 100 0.10 010 2.90
Parker 3.00 0.00 1.00 1.00 010 010 2.90
Superior 346 000 0.55 1.00 010 010 2.90
Thornton 3.75 0.00 0.70 100 010 0.10 2.90
Westminster (Adams County) 385 0.00 0.70 1.00 010 010 2.90
Westminster (Jefferson County) 3.85 000 0.50 1.00 0.10 0.10 2.90
Wheat Ridge 3.00 0.00 0.50 1.00 010 010 2.90
Wheat Rid e Cabela's' 2.10 140 0.50 1.00 0.10 010 2.90
Avera e
1 Flatiron Improvement District
2. Sale of food and beverage for immediate consumption and liquor stores
3 Plaza Metropolitan District No.1, 1 % safes tax waived
4 Elk VaHey Public Improvement Corporation
S Proposed Metropolitan District, with a waiver of 0.9% sales tax being shown while the City shares 1 1% sales tax to pay the Shared Sales Tax Revenue
Bonds and collects 1 0% sales tax for the City The City shall collect 2.0% and waive 1 0% of its sales tax after the Shared Sales Tax Re\lenue Bonds are
paid (or expire). After the Public Improvement Fee Revenue Bonds are paid (or expire), the City will collect 3.0% (or the City's then current sales tax rate)
and waive 0.0% of its sales tax
27 3090 4
EXHIBIT E
Public Improvements Funded with
Shared Sales Tax Revenue Bonds
Exhibit E
Public Improvements
Funded with
Shared Sales Tax Revenue Bonds
Site Costs
Off-Site Work
Public Roadways
I 32nd Ave. and 1-70
2 40lh Ave. Underpass
3 1-70 east ramp - Y oungfield
4 32nd Ave. wesl
5 32nd Ave. east
6 32nd - Y oungfield intersection
7 40th - Y oungfield intersection
8 McIntyre Intersection (roundaboul)
9 Bridge over Clear Creek
10 McIntyre Extension Road
1 I Coors Extension Road
12 32nd - Entry Road intersection
\3 Entry Road
Other Improvements
Trails - 32nd to Clear Creek
On-Site Work
Excavation 1 Fill
Public Roadways $
Roadways
Cabela's Drive $
Traffic signals $
Subgrade Prep $
40th Ave. Exlension $
Street lighting $
Landscape & Irrigation $
Infrastructure
Stonn sewer $
Site Cost Contingency $
Soft Costs
Engineering $
Civil Engineer
Surveying
Geotechnical Engineer
Traffic Engineer
Environmental Engineer
Materials Testing/Inspections
Project Management
Project One $
Cabela's PM - site $
Financial & Legal
City of Wheat Ridge $
Real estate legal - Gorsuch
Real estate consulting - Deepwater
Engineering services
Soft Cost Contingency $
ITotal $
$ 3,500,000
$ 3, I 82,000
$ 300,000
$ 300,000
$ 300,000
$ 900,000
$
$ 1,500,000
$ 860,129
$ 546,000
$ 387,500
$ 300,000
$ 300,000
$ 475,000
301,301
935,000
525,000
75,000
90,000
200,000
342,257
100,000
1,156,439
770,959
mc
mc
mc
mc
mc
mc
33 I ,5] 3
165,756
235,000
me
inc
inc
49,371
18,128,224 I
~ 2004 Deepwater Point Company
DEPARTMENT OF TRANSPORTATION
LJ COpy
STATE OF COLORADO
~
Region 6
2000 South Holly Street
Denver. CO 80222
(303) 757-9459
(303) 757-9073 FAX
l>IP>JIIMJ"'J()IIRA.~IIlI"'IIt}N
March 14, 2006
Mr. Jack Hoopes, President
Applewood Property Owners Association
For Clear Creek Valley Neighborhood Council
Dear Mr Hoopes:
Thank you for your letter dated February 16, 2006 regarding the Wheat Ridge 1-70 at 3200
Avenue Environmental Assessement. We appreciate your concerns and hope this letter helps
address them.
As you are aware, our commitment to the Clear Creek Valley Neighborhood Cowncil (CCVNC)
includes an on-going series of meetings with the CCVNC regarding your issues. These
meetings were at the request of the CCVNC, and have continued based on receipt of your
agenda items for these meetings.
At our last meeting with your group in Janurary of 2006, we addressed many of your concerns
included in this letter As a follow up to your concerns at that meeting, Jane Hann and the
consultant, Felsburg, Holt and Ullevig (FHU) agreed to a "trails meeting" that subsequently
happened on January 27tn Wheat Ridge, Coors and Jefferson County were present at that
meeting as well. All of the items you present in your letter here were addressed at that meeting,
including safety, surfaces of the trail, access, connectivity, access and aesthetics. Your
concerns here also address sidewalks and pedestrian movements. These were discussed
thoroughly at that meeting as well. We understood that all your comments were heard and were
addressed by the team.
The 26tn Avenue Pedestrian Bridge was discussed at the last public open house and a survey
was taken on the usage. This bridge is still used today and therefore has continued to be a part
of the Proposed Action in the EA.
Although your written comments are apprecited, we believe we have addressed your concerns
in our working group with the CCVNC and through the additional meetings that happened after
the last CCVNC meeting with COOT. Please continue to give us agenda items as you deem
necessary so that we can address these for you.
Sincerely,
if(l#(JJlL ~bt:-
Pamela Hutton, P E.
Region 6 Transportation Director
People
Respect
Integ rity
Customer Service
Excellence
Mr Jack Hoopes
March 14, 2006
Page 2 of 2
cc: Flora Andrus - Fairmont Improvement Assoc
Edna Miklos - Applewood Business Assoc.
Barbara Barry - Applewood Valley Assoc
Jean Osborne - Daniels-Welchester Homeowner's Assoc
U S. Senator Wayne Allard
Mayor Charles Barach, Golden
State Representative Betty Boyd
Mike Callahan - Cabela's
Jim Congrove - Jefferson County Commissioner
Chris Fasching - FHU
Mike Gaughan - MGA Communications
State Representative Gwyn Green
Mayor John Hickenlooper - Denver
Neil Jacquet - CoorsIMolson
Dave Kuehn - Prospect Recreation & Park District
Jim Moore - Jefferson County Administrator
Dave Auburn - Jefferson County Commissioner
U S. Congressman Bob Beauprez
Mayor Steve Burkholder - Lakewood
Chris Chamberlin - MGA Communications
Mayor Jerry DiTullio - Wheat Ridge
Mayor Ken Fellman - Arvada
Preston Gibson - Jefferson Economic Council
State Representative Cheri Jahn
State Senator Moe Keller
J. Kevin McCasky - Jefferson County Commissioner
Nanette Neelan - Assistant Jefferson County Administrator
Mark Neinhueser - Cabela's
Tom Norton - COOT Executive Director
Governor Bill Owens
Mayor Robert Prewitt - Edgewater
Bill Skewes - Governor's Aide
Greg Stevinson - Denver West Metropolitan District
Randy Young - Wheat Ridge City Manager
Joe Jehn - Transportation Commissioner
Wheat Ridge Board & Commission Members
David Nicol - FHWA
Mr Rick O'Donnell
Ed Perlmutter, Esq.
Mike Rock - City of Lakewood
Jennifer Schaufele - DRCOG
Ron Speral- FHWA
U S. Congressman Mark Udall
Mayor Betty Van Harte - Mountain View
Lakewood City Council
Wheat Ridge City Council
People
Respect
Integrity
Customer Service
Excellence
PROSPECT RECREATION & PARK DISTRICT
4198 Xenon St, Wheat Ridge, CO-S0033 . 303424.2346" Fax 303 424 4066
August 18,2005
r'- .
; ,)Istribuled 10: Council: 'lS'
Jale: '!/Jilfi/O~- Mayor: v
City Clerk: v City Mgr: ...-
City Treas; City Atty: ./
Oept Heads:
'"
t .'^ -=--::-.--.-. - -
--- .~-_... .~
Nanette Neelan
AssIstant County Admmistrator and TransportatIOn Director
100 Jefferson County Parkway
Suite 5537
Golden, CO 80419
Dear Ms. Neelan,
I was recently invIted to attend the CIty of Wheat Ridge/Cabela's open house on August 17,
2005, regardmg the 1_70/32nd A venue transportatIOn improvements. ThIs has been a long, drawn
out process, and to this point Prospect Recreation & Park District (PRPD) has not commented
publJcly regarding the traffic plan. As the traftic consultants have narrowed the list of traffic
Improvements to three alternatIves, PRPD now feels obligated to comment on the traffic plan.
PRPD's office and mamtenance facihty IS located at the mtersection of 42nd and Xenon
Street, withm Wheat Ridge cIty hmlts. In the current configuratIOns of Y oungfield and
44t\ access from our faClhty to Y oungfield or 44th IS problematIC at best and nearly
Impossible at certam tImes of the day The sItuation IS further exacerbated If a left hand
turn onto eIther of these roads IS attempted. These comments are echoed by the other
bus messes and resIdents m thIS area. Consldenng the number of vehicle tnps per day
mto thIS nev. development, and the proposed Improvements to Y oungfield, and 44th
A venue detailed at the August 17'h meetmg I see a potentially dangerous scenano
developmg for the resIdents, bus messes, vendors, and customers who will need to
enter/leave this area.
It is ImperatlVe that PRPD have reasonable and safe access from the 42nd and Xenon area.
PRPD has a responsibiltty to proVIde emergency response to ItS parks and facilities.
Response tIme could be adversely affected if access IS roor due to anticipated traffic
loads. SlgnalJzatIon of the 42nd and Youngfield, or 44' and Xenon mtersection is a
potential ~olLltion. The 42nJ and Y oungtield intersectIOn IS obVIOusly the most feasible
option.
Serving the Communities of Applewood & Fairmount since 1955
www.prospectdistrict.org
2, Alternative #2 of the 3 transportation improvements details a new interchange and access
just east of 44th and Indiana St. PRPD's Arapahoe Park will be clearly wIthin the line of
sIght of travelers who access this new Interchange as the Northern gateway into the
Cabela's development. Cabela's customers are well known for their long dIstance
pilgnmages to theJf retml outlets. Arapahoe Park wdl be a very Inviting oasis for the
patrons of Cabela's. While PRPD likes to see use of our parks, I must consider the
probable impacts (nOIse/pollutIOn/above average wear and tear) to Arapahoe Park from
the inevitable mflux of users. The Impacts of this inevitable use would be tolerable if
there were some sort of mItigation possible to alleviate these certam impacts to Arapahoe
Park.
Irregardless, of which alternative or combination thereof is chosen, PRPD and its public
facilitIes will be shouldered with a burden it cannot derive any benefit from.
Considermg what I have mentioned in #2 above, I find myself in a strange SItuation advocating
for Alternative #2. AlternatIves #1 and #3 would have a far more detrimental impact on the
commumtles of Applewood, Fairmount, and PRPD as a whole
This development is a great opportunity for Jefferson County, and should not be dIscouraged. I
look forward to dlscussmg these issues with you.
Kind Regards,
OC<C~ j
Dave Kuehn
DIstrict Manager
Cc: Pam Hutton, CDOT
Wheat RIdge CIty Council
Mayor Cerveny, City of Wheat Ridge
Randy Young, CIty of Wheat Ridge
Kevin Rhodes, Cabela's
Neil Jaquet, Coors Brewing Company
CITY OF WHEAT RIDGE
CABELA'S ECONOMIC IMPACT ANALYSIS AGREEMENT
THIS AGREEMENT made this \ 2- of:),... day of JULY 2005, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the "City" or "Owner" and KING & ASSOCIATES, INC., 730 M01llACO PARKWAY,
DENVER, CO 80220, a Colorado Corporation, hereinafter referred to as the "Consultant"
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
ARTICLE 1 - SERVICES
The Consultant shall serve as the City's Consultant and provide as a minimum all of the professional services
necessary for completion of the CABELA ECONOMIC IMPACT ANALYSIS, as more fully described in the Exhibit
A, PROPOSAL, attached hereto and incorporated herein by reference.
ARTICLE 2 - TERM
The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of
this Agreement to the extent that the Consultant has been authorized to proceed by the City Completion shall be
within six weeks of the date of this agreement or by AUGUST 22, 2005. The City may upon mutual written
agreement by the parties, extend the time of completion of services to be performed by the Consultant.
ARTICLE 3 - PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services
provided and the Consultant shall accept a not to exceed amount of $18,500 - 23,500.00 as full payment for such
services.
A. Invoices
Invoices will be submitted by the Consultant monthly for services performed and expenses incurred
pursuant to this Agreement during the prior month. The processing of payment will be expedited by the
Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within
thirty (30) days of the receipt of the approved invoices for services rendered.
B Fundinq
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted
pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically
subject to the provisions of said Ordinance and adopted Code Section.
ARTICLE 4 - INDEPENDENT CONTRACTOR
In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely
responsible for necessary and adequate worker's compensation insurance, person injury and property damage
insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated
to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and
shall not become employees, agents or servants of the City because of the performance of any work by this
agreement.
The Consultant warrants that it has not employed or retained any company or person, other than a bonafide
employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the Consultant, any commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement
without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 5 - INSURANCE
In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award
and prior to performance. Work shall not commence under this Agreement until the Consultant has submitted to
the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum
types and coverages of insurance.
Type of Insurance
Minimum Limits of Liability
Standard Workers' Compensation &
Employers' Liability Including
Occupations Disease Coverage
Statutory in conformance
with the compensation
laws of the State of Colorado
Comprehensive General Liability
Insurance
$250,000 each person,
$2,000,000 each occurrence
Comprehensive Automobile
$250,000 each person,
All policies andlor Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C R.S., as amended.
ARTICLE 6 -INDEMNIFICATION
The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all
claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out
of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the
negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement.
ARTICLE 7 - CHANGE ORDERS OR EXTENSIONS
The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein.
Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all
authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the
terms of the Change Order
ARTICLE 8 - EQUAL EMPLOYMENT OPPORTUNITY
The Consultant shall not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in
selecting employees and shall ensure that employees are treated equally during employment, without regard to
their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for employment, notices provided by the local
public agency setting forth the provisions of this nondiscrimination clause.
The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
C"IDocuments and Settingslpgoff\Local SettingslTemporary Internet I21eslOLK5FICabela Economic Impact Analysis- King
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ARTICLE 9 - CHARTER. LAWS AND ORDINANCES
The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable
Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated
under this Agreement.
ARTICLE 10 - LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The
parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District
Court of Jefferson County, Colorado
ARTICLE 11 - TERMINATION
The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material
breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions
including but not limited to re-procurement costs, insufficient or improper work.
The City and the Consultant agree that this Agreement may be canceled for cause by either party with a fifteen (15)
day prior written notice The cost of completing the portion of the work, which remains unperformed at the time of
such termination, shall be deducted from the contract price before payment is made.
The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such
termination, the consultant will be paid for all work and expenses incurred up until the time of such termination.
All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work
documents shall be transferred to and become the sole property of the City, prior to payment for services rendered.
ARTICLE 12 - NOTICES
Any notice or communication given pursuant to this Agreement to the City shall be made in writing to.
For the City: Randy Young, City Manager, 7500 W 29th Avenue, Wheat Ridge, CO 80033
Phone 303-235-2804 Fax 303-234-5924
For the Consultant: Charles King, 730 Monaco Parkway, Denver, CO 80220
Phone 303-333-3834 Fax 303-333-4618
ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted
except with the express written consent of the City The subcontractors permitted by the City shall be subject to the
requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any
subconsultant.
ARTICLE 14 - SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
C'IDocuments and Settingslpgoft\Local SettingslTemporary Internet IjleslOLK5FICabcla Economic Impact Analysis- King
Associates.DOC
hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the
City and the Consultant.
ARTICLE 16 - AUTHORIZATION
Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights
granted herein and to perform the duties and obligations described herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above.
OWNER
ATTEST TO OWNER:
~r1rtA/ -
M ANDERSON, CITY CLERK
(Seal)
MANAGER
CONSULTANT
(SEAL)
KING & ASSOCIATES, INC.
730 MONACO PARKWAY
DENVER, CO 80220
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C'\Documents and Settings\pgoff\Local Settings\Temporary Internet Ejlcs\OLK5F\Cabela Economic Impact Analysis- King
Associates.DOC
EXHIBIT A
King & Associates, Inc.
Strategic planning and economic analysis
PROPOSAL FOR PROFESSIONAL PLANNING AND ECONOMIC SERVICES
TO:
City of Wheat Ridge
FROM:
King & Associates, Inc.
DATE:
July 12, 2005
FOR:
Cabela's Economic Impact Analysis, including Projections of Assessed
Value and Sales Tax
OBJECTIVE:
King & Associates, Inc. will prepare an economic impact analysis for the
proposed Cabela's project, located in the City of Wheat Ridge on the
southeast quadrant of the intersection of State Highway 58 and 1-70
SCOPE OF SERVICES
Task 1:
Project Scoping and Preliminary Review
King & Associates, Inc. will review information provided by the City of Wheat Ridge and
Cabela's and make a preliminary assessment of project timing, absorption and land use mix.
Initial development expectations total about 61 1,000 square feet, including a 230,000 sq. ft.
Cabela's, 225,000 sq. ft. of additional retail. 100,00 square feet of other retail, a hotel and a
56,000 sq. ft. museum. Available data sources, competing project data and other materials will be
reviewed and a project scoping meeting will be held with the City as an introduction to the
assignment. The product will be a memorandum and/or subsequent meeting to refine the
information to be gathered and extent of Tasks 2 and 3
Task 2:
Trade Area Review and Absorption Forecast
King & Associates, Inc. will complete only limited market research for the project's trade area
and use this information to adjust absorption for the Cabela's project for Task 3 The analysis will
also consider competitive commercial development within the trade area.
The goal of Task 2 is to prepare an absorption forecast for undeveloped portions of the project
and use the information to assist in financing future infrastructure. This task will not include an
analysis of market supply and demand information for commercial real estate, nor focus on
influencing factors such as employment, demographics and development trends in metro Denver
as well as the project trade area. It is assumed that the client and Cabela's will furnish available
data including, historical information on other developments, information on competitive
projects, copies of existing site plans and any other available market information.
730 Monaco Parkway Denver, Colorado 80220-6041
303.333 3834
303 333.4618 (fax)
King & Associates, Inc.
Strategic planning and economic analysis
Task 3:
Economic Impact Analysis
King & Associates, Inc. will complete an economic impact analysis for the project's trade area
and use assumed development program information to project absorption for the Cabela's project.
Projected development includes retail and hotel commercial uses, but probably not dwelling units.
The analysis will consider competitive commercial development within the trade area, but a full
market analysis will not be produced as a part of this scope.
King & Associates, Inc. will use the current (200S) Wheat Ridge budget and 2004 CAFR
information to determine what costs and revenues will be incurred by the City if the project is
built. Average per capita costs will be gathered for capital and operating expenditures. One time
and on-going revenue sources from the project will be examined including:
. property tax revenue
. building permit fees
. development fees, if applicable
. any other relevant revenues
. sales tax revenues
Fiscal impacts on Jefferson County, the State of Colorado and a (future) metropolitan district will
be forecast. Employment and multiplier effects will be considered.
This task will utilize the absorption schedule as the basis for an assessed value and sales tax
forecast for the Cabela's project, including other retail. The assessed value forecast will be based
on the value of commercial space (by category; retail, office, etc.) and any other taxable
improvements planned. The forecast will be based on appraisal and assessment practices in
Jefferson County
A spreadsheet will be constructed to compare net project revenues and costs and will generate a
fiscal impact model. This forecast can be manipulated to reflect any changes in absorption,
valuation or other variables which may be requested by the client, investment banker or other
project team member in preparation of the final report for the project.
It is assumed that the City will furnish sales tax collection information on existing businesses or
classes of businesses. King & Associates, Inc. will not release any detailed information on the
project to other parties without specific authorization.
Timeframe, Budl!et and Product:
The work product will be a detailed report with accompanying tables, charts, graphs,
spreadsheets, map of the project trade area and clearly explained conclusions on fiscal impacts
that can be communicated to decision makers. A draft of the report will be produced four (4)
weeks after the initial scoping meeting in Task I 12 final bound reports will be provided, along
with the report on CD
730 Monaco Parkway Denver, Colorado 80220-6041
303.333 3834
303.3334618 (fax)
King & Associates, Inc.
Strategic planning and economic analysis
Task I will take one week and can be initiated after authorization to proceed and the advance are
received. Tasks 2 and 3 can be accomplished within four weeks after the initial meeting in Task 1
is held. A final report will take another week after the draft is reviewed. The budget to complete
the work is as follows:
Task 1 - Project Scoping and Initial Review
Task 2 Trade Area Review and Absorption Forecast
Task 3 - Economic Impact Analysis
$2,000
$1,500
$15,000-$20,00
Total Project Not To Exceed.
$18,500 to $23,500
Total time for the project is estimated to be five to six weeks from contract signing and receipt of
advance to completion.
730 Monaco Parkway Denver, Colorado 80220-6041
303.333.3834
303.3334618 (fax)
King & Associates, Inc.
Strategic planning and economic analysis
AGREEMENT FOR PROFESSIONAL PLANNING & ECONOMIC SERVICES
Between:
City of Wheat Ridge
And:
King & Associates, Inc.
For:
Cabela's Economic Impact Analysis, including Projections of Assessed
Value and Sales Tax
Objective:
King & Associates, Inc. will prepare an economic impact analysis and
absorption forecast for the proposed Cabela' s project, located in the City
of Wheat Ridge on the southeast quadrant of the intersection of State
Highway 58 and 1-70.
Date:
July 12, 2005
Budget/Fees:
Task I - Project Scoping and Initial Review
Task 2 - Trade Area Review and Absorption Forecast
Task 3 - Economic Impact Analysis
Total Not to Exceed
$2,000
$1,500
$15,000-$20,000
$ I 8,500-23,500
Advance:
$ 3,000
Hourlv rates for Kin!!: & Associates, Inc.:
Charles King $195, Expert Testimony, Court Appearances - $250 Associates: Ted Kamp $90, Bruce
Martin $90, Suzanne King $75 and Clair Howell $35
Direct Expenses:
All other expenses for printing, reproduction, telephone, photocopying, travel, etc., are in addition to
labor charges and are charged at actual cost. Mileage charged at 0.28/mile.
Authorization to Proceed:
Services covered by this authorization shall be performed in accordance with provisions stated in the
attached Exhibit A. The project can only begin after receipt of advance. Invoices will be submitted on
a monthly basis and are due and payable within 30 days. Ifpayment is not made within thirty (30)
days of the invoice date, work may be suspended until payment has been received.
This fee estimate is subject to revision if the project entails more time than estimated or if problems
are encountered that are unforeseeable at the commencement of the project. In this event, we will
discuss the matter with you so that a mutually acceptable revision may be made. If the time spent on
this project is less than estimated, we will bill you a lesser amount.
Approved by Client:
Date:
Approved by King & Associates, Inc.
Date:
730 Monaco Parkway Denver, Colorado 80220-6041
303.333.3834
303.3334618 (fax)
King & Associates, Inc.
Strategic planning and economic analysis
EXHIBIT A
ATTACHED TO PROFESSIONAL PLANNING SERVICES AGREEMENT
BY AND BETWEEN
KING & ASSOCIATES, INC. AND CLIENT
The terms and conditions contained in this Exhibit are attached to the referenced Agreement and are
incorporated therein.
Payment: Should the Agreement provide for an advance fee, it shall be payable upon the execution
of the Agreement.
Invoices for services, rendered and for costs and expenses will be submitted on a monthly basis. Final
payment for all services and for all costs and expenses shall be due upon completion of the work
contemplated by the Agreement.
Advances received by King & Associates, Inc. will be deducted from the first billing.
Invoices are due and payable upon receipt. Should payment not be made within thirty (30) days of the
invoice date, the amount unpaid shall bear service charges at the rate of I % per month commencing
thirty (30) days from the statement date. Ifpayment is not made within thirty (30) days of the invoice
date, work may be suspended until payment has been received.
Arbitration: In the event of any dispute arising under the terms of this Agreement or in the event of
nonpayment and the matter is turned over to another party for collection, the party prevailing in such
dispute or action shall be entitled, in addition to other damages or costs, to receive reasonable
attorneys' fees and court costs from the other party Fees shall be awarded and paid whether such
dispute is settled through litigation, arbitration, or through amicable settlement.
Termination: This Agreement may be terminated without cause by either party by written notice
from one party to the other at least seven (7) days prior to termination. Upon termination, payment
will be made to King & Associates, Inc. as covered above for all services authorized and performed,
plus reimbursable expenses up to the date of termination.
Limitation of Liabilitv: The Client agrees to limit King & Associates, Inc.'s liability for any cause or
combination of causes in aggregate, to an amount no greater than the fee earned.
730 Monaco Parkway
Denver, Colorado 80220-6041
303.333 3834
303.3334618 (fax)
CERTIFICATE OF INSURANCE
This certifies that [8] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
D STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following policyholder for the coverages indicated below'
Name of policyholder Kinq & Associates, Inc
Address of policyholder
730 Monaco Parkway
Denver, CO 80220
Location of operations
Colorado
Description of operations Consul t inq
The policies listed below have been issued to the policyholder for the policy periods shown The insurance described in these policies is
subject to all the terms exclusions, and conditions of Ihose policies. The limits of liability shown may have been reduced by anv paid claims.
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date Expiration Date (at beginning of policy period)
Comprehensive BODILY INJURY AND
96 - EV - 2 7 0 9 - 2 Business Liability 05/31/05 05/31/06 PROPERTY DAMAGE
This insurance includes: o Products - Completed Operations I
[8] Contractual Liability
o Underground Hazard Coverage Each Occurrence $1,000,000
[8] Personal Injury
[8] Advertising Injury General Aggregate $2,000,000
o Explosion Hazard Coverage Products - Completed
o Collapse Hazard Coverage Operations Aggregate $ Exclusion
o General Aggregate Limit applies to each project
0
0
EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
Effective Date Expiration Date (Combined Single Limit)
o Umbrella Each Occurrence $
o Other Aqq req ate $
Part 1 STATUTORY
Part 2 BODILY INJURY
96 -84 -5768 - 8 Workers' Compensation 07/03/05 07/03/06
and Employers Liability Each Accident $100,000
Disease Each Employee $100,000
Disease - Policv Limit $ 500 000
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date Expiration Date (at beginning of policy period)
3105077C2106 Automobile 03/21/05 09/21/05 1 000 000
i
JUL 1 .. 2005
If any of the described policies are canceled before its
expiration date. State Farm will try to mail a written notice to
the certificate holder 3 0 days before cancellation If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
,~epr~)ves.
ru ;' .-,
!
. ,
Name and Address of Certificate Holder
City of Wheat Ridge
7500 W, 29th Ave
Wheat Ridge, CO 80033
L t ~ '[ "-
558-994 a 2-90 Printed in U,S,A.
Date