HomeMy WebLinkAboutStudy Session 12/20/2004
PAM ANDERSON
4:30 p.m. Pre-Meeting
AGENDA
SPECIAL CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 20, 2004
5:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 1.
RESOLUTION 38-2004 - APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S RETAIL,
INC , AND THE COORS BREWING COMPANY
ADJOURNMENT
ITEM NO:
L
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
December 20, 2004
TITLE:
RESOLUTION 38-2004 APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S
RETAIL, INC., AND THE COORS BREWING COMPANY
D PUBLIC HEARING
D BIDS/MOTlONS
~ RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date'
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial.
D
~
Yes
No
~~)r~ .
City Manag '6'
City Attorney
EXECUTIVE SUMMARY:
This resolution approves the Annexation and Development Agreement for the Cabela's Project.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The Agreement provides for annexatIOn of approximately 230 acres, which will be de'v'eloped for a
Cabela's store and associated retail uses. This project will include the construction of a series of
public improvements, including roadways and road improvements, dramage, and public museum
elements.
ALTERNATIVES CONSIDERED:
Do not approve the Resolution and terminate negotiations.
FINANCIAL IMPACT:
No negative impact. It is important to recognize that this property currently produces no revenue
for the City; its development as proposed will generate sales tax revenues without any requirement
for out-of-pocket City expenditures. A portIOn of these City sales tax revenues will be used to
bUild public improvements needed for the project.
RECOMMENDED MOTION:
"I move to approve ResolutiOn 38-2004 Approving an Annexation and Development Agreement
Among the City, Cabela's Retail, Inc., and the Coors Brewmg Company."
or,
"I move to table indefinitely Resolution 38-2004 Approving an Annexation and Development
Agreement for the following reason(s)
Report Prepared by' Gerald Dahl, City Attorney (303) 376-50l9
Attachments:
1. Resolution 38-2004
041220 CAF Cabelas Annexallon Agreement
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.R.S 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 _ day of December, 2004
GEDI53027 17\491603.1
ATTACHMENT 1
ATTEST"
Wanda Sang, City Cieri<
Published in the Wheat Ridge Transcript:
GED\5302717\491603,1
Gretchen Cerveny, Mayor
,2004.
EXHIBIT A
ANNEXATION AND DEVELOPMENT AGREEMENT
[ATTACHED]
GED\53027 17\491603,1
ANNEXATION AND DEVELOPMENT AGREEMENT
Among
The City of Wheat Ridge,
a Colorado mUnIcipal corporatIOn,
Cabela's Retail Inc.,
a Nebraska corporation
and
Coors Brewing Company,
a Colorado corporation
Dated'
December 20, 2004
GED\53027 17\48613407
273090.3
TABLE OF CONTENTS
Page
PARTIES . ... . .
2 RECiTALS..... .. .......... .... ..... .. ..........
3 DEFINITIONS.. . ........... .... ... ...... 2
4 EFFECTIVE DATE AND TERM OF AGREEMENT .. 6
5 DEVELOPMENT OF THE PROJECT. 7
6 ZONING AND RELATED APPROVALS....... .. 8
7 PUBLIC IMPROVEMENTS. .......... ........... . ..... .. ..... .. 10
8 SALES TAX REVENUE SHARING AND PUBLIC IMPROVEMENT FEE 13
9 BONDS ........ l8
10 ADDITIONAL INCENTIVES . .. 20
II SPECIAL DISTRICTS .. ... 20
l2 OWNERS' ASSOCIATIONS. 21
13 DEFAULT AND REMEDIES. .. 21
14 MISCELLANEOUS... . .. . .. 22
l5 EXHIBITS . ...... 29
GED\53027 17\486134 07
273090.3
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered mto 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"), and 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, understandlllgs and
intentions of the parties'
a The City is a municipal corporation eXistlllg 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 lllcorporated herein by reference (the "Property")
c Coors and Cabela's desire to annex the Property to the City and for that purpose
mtend 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 tounsm destination center
specializing in hunting, fishing, campmg 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 m the future ("Coors Parcell," "Coors
Parcel 2A," "Coors Parcel 2B," "Coors Parcel 3" and "Coors Parcel 4,"
collectively "Coors Parcels") The Cahela'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
GED''s3027 17\486134.07
273090.3
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 distri.::t that will be organized pursuant to this Agreement for the purpose
of assisting with the payment of costs for constructing public mfrastructure
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 s'::t 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 distncts have the power to finance the construction
of certam public improvements by issuing bonds
J The parties contemplate the creation of a metropolitan dlstnct, encompasslllg the
Property (the "Metropolitan Dlstnct")
k. C.R S Section 3l-12-l2l specifically authorizes the parties to enter into this
Agreement in connection with the annexatIOn of the Property lllto 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. DEFIJ'l.1TIONS
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 followlllg words and phrases shall have the definitions
provided for below'
a. "Act" means the Special District Act, Colorado Revised Statutes S 32-1-101,
et~.
b "Agreement" means this AnnexatIOn and Development Agreement
GED\53027 17\486134 07
273090 3
2
c. "Annexors" means Cabela's and Coors; provIded, however, it shall also mc\ude
any other party that subsequently submits an annexation petition to the CIty for
purposes of annexing 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 possitle, 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 m 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 Brewmg 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 m
SectIon 26-308 D of the Wheat Ridge Code of Laws.
p "Final Plat" means a final subdivision pIal submitted by Cabela's and approvt:d
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~
GED\53027 17\486134.07
273090 3
3
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,
earthquake, fire, explosion, war, civil insurrection, acts of the public enemy,
acts of Civil or military authority, sabotage, terronsm, floods, IIghtnmg,
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 detennined by the National Labor Relations Board to have engaged m
any unfair labor practices, or change in law or the mterpretatlOn thereof by
responsible authority which shall prohibit any change in the operation of the
Cabela's Project or matenally mcrease the costs of the foregomg beyond those
foreseeable on the date hereof, so long as, in any such case (1) 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 (11) 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 DlStnct 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 DIstnct m
accordance with state law and the terms set forth m thiS Agreement
s "PCD" means the Planned Commercial District as defined m the Wheat Ridge
Code of Laws
"PCD Final Plan" means Cabela's Planned Commercial DIstnct Final
Development Plan, as defined in the Cny's Planned Development Regulations,
and the accompanying exhibIts
u "PCD Plan" means Cabela's Planned Commercial District plan as defined m 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 PI,,!) as defined in the City's Planned Development
Regulations, and the accompanymg exhibits
GED\5302717\486134.07
273090.3
4
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 meamng ascribed to it in Section 2 b
Y "Public Facilities" means those portiOns of the Property and buildIng compnsIng
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 Publlc Infrastructure, the Publ1c Roadway
Improvements and the Public Facillties
aa. "Public Improvement Fee" has the meaning ascribed to it in Section 8 b
bb "Publlc Improvement Fee Revenue Bonds" has the meanIng ascribed to It in
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 roJds or
streets deemed reasonably necessary to improve access to the CJbela' s Project,
as further described on Exhibit E under the headIng "Publ1c Road\\ays "
ee "Retail Center" has the meaning ascribed to It in SectIon 2 d
ff "Service Plan" has the meanIng ascribed to It In Section II 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 In
Section 8 a
11 "State" means the State of Colorado
JJ "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
GED\53027 17\486134.07
273090.3
5
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 ill 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
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 opmlOn 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 m the Cabela's Store
nn "Trustee" means the trustee appointed to serve in such role m accordance with
the Bond Indenture
00 "Wheat Ridge Code of Laws" means the municipal code and ordmances 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 termmatlon, 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 enmlements for the Property which were granted or approved
prior to, concurrently wllh, 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, ...onstruction, maintenallce and
GED\53027 17\486l34,07
273090.3
6
repair of Public Improvements; (d) repayment of the Bonds, or (e) any
continuing nghts to share III 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
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 unincorporated Jefferson
County, Colorado from Coors, (ii) approximately thmy-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 J 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 III 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, 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 remallllllg 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 theil affiliates or subsi 'iaries, as those
GED\53027 17\48613407
273090.3
7
agreements affect the rights and obligations of the City herein. The City hereby
acknowledges that, as requested by Cabela's and Coors, all such informatIOn
shall be subject to the confidentiality provisions of C.R.S ~ 24-72-204(3)(a)(IV)
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 !tme, the parties acknowledge that there will probably be more than
one annexation petition filed by the Annexors, thereby resulting m a series of
simultaneous annexations Additionally, the parties acknowledge that the
Property will probably be developed in multiple phases which can generally be
described as follows (i) the Cabela's Store, (Ii) the Retail Center, and (Ill) each
or all of the Coors Parcels The City agrees such phased development is
appropnate 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 Trammg Opportunities Cabela's agrees that, upon
openmg 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 A~1) RELATED APPRO V ALS
a Project Plan Approval, Zoning, Suitability The City shall use reasonable
efforts consistent with applicable law to support and approve the Cabela's
PI0ject and the creation of the Metropolitan District as contemplated by this
GED\53027 17\486134.07
273090.3
8
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 lllstruments 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
conditions, 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, pnor to the date of final public
hearing on an ordinance annexing all or part of the Property
b Permilted Uses The land uses for the Property shall be only as speCified m 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 Outlme 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 1 will be
deSignated for use as a pnvate 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 as 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 huntmg, fishing, campmg, 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
vicmny of Coors Parcel 28 and Coors Parcel 3 will 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 v'ith respect
GED'.53027 17\48613407
273090.3
9
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 nghts-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 Dlstnct shall be
responsible for the acquisition and/or construction of all of the Public
Improvements and such other improvements which may subsequently be agreed
upon by the parties to this Agreement. The City shall accept dedication of and
be responsible for all maintenance on Cabela Dnve and the 40th A venue
Extension (as both are defined below in Section 7 b) The Public Roadway
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 Avenue ExtenSIOn The Public
Roadway Improvements shall be constructed and maintained USIng standards
approved by the City. The Metropolitan Dlstnct 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
Distnct.
b Public Roadway Improvements
1)
The following constitute the Public Roadway Improvements (i) a new
road with two to five lanes (including three lanes through Coors
Parcel 28 and Coors Parcel 3 and two lanes for Coors Parcel 28 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 Youngfield Street to 1-70 Service Road West, including
widenIng under the 1-70 bridges, (iii) the construction of transitioning
pavement improvements on 32nd A venue from 1-70 Service Road West
GED\5302717\486134.07
273090.3
10
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 A venue Interchange.
(v) the widening of Y oungfieId Street to provide double left turn lanes
onto 32nd A venue for north-bound traffic; (vi) a 4-lane underpass under
1-70 connecting the Property with 40th A venue at Y oungfielJ Street,
including an extension of 40th Avenue into the Property to Cabela Dnve
for this purpose (the "40th Avenue ExtenSiOn"), and (Vll) reconstructIOn
of the intersection of the South SH 58 Frontage Road at McIntyre Street
to accommodate the traffic projected for CabeIa Drive All of the Publlc
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 Publlc Roadway Improvements to
be constructed by or under the direction of the MetropolItan Dlstnct to
assure that such improvements Will be constructed III accorJance WIth
approved Jurisdiction standards and wlll accommodate the anticipated
traffic to, and development within, the Property The MetropolItan
DIStnct, Cabela's and the City shall enter into any agreements or take
any actIons deemed reasonably necessary to bnng about construction of
the work described in this SectiOn (including, but not lImited to, any
eminent domam 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 determmeJ that the
Public Roadway Improvements meet theIr standards, the Metropolitan
Dlstnct shall convey and it is expected that CDOT, the County and/or
the City (as appropriate) shall accept dedication of and shall mamtain
those Public Roadway Improvements, provided, however, the
MetropolItan District shall mamtain all of the Public Roadway
Improvements within the Property (except Cabela Dnve and the 40th
Avenue Extension) in a manner consistent with the City's maintenance
standards The Metropolitan Distnct will cease to exist 42 years after its
formatiOn (provided the Bonds hove been paId), after which time, all
GED\53027 17\486134.07 11
273090.3
Public Roadway Improvements will be mamtamed 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 Dramage 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 l25l, 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 obtainmg 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 Distnct ceases to eXist, the PublIc
Infrastructure shall be dedicated to and mamtained by the property owner, the
City or other governmental entitles or utility prOViders, as appropnate
d Public Facilities
1) The Metropolitan District shall acquire and/or construct or be
responsible to acquire and/or construct the PublIc Facdltles Such
facdiues shall be available for use by all residents of the City and such
other persons as the MetropolItan District deems appropnate, 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 budding compmmg the
Cabela's Store shall constitute Public Facilities, the Cabela's Store shall
be platted as a condominium and the Public FacllIues within the budding
comprising the Cabela's Store shall be designated as a separate unit in
said condominium and shall be deeded to the Metropolitan Dlstnct. The
Public Facilities in the Cabela's Store shall be owned, operated and
mamtamed by the Metropolitan District or a designee of the Metropolitan
District. It is anticipated that the Public Facilities in the building
comprismg 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.
GED\53027 17\486134.07 12
273090.3
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
(l 1 %) (the" Shared Sales Tax ") for a term which shall expire on the earller to
occur of (i) the date upon which the prinCipal and Interest has been paid on
Tax-Free Bonds issued by the Metropolltan DistrIct to pay for the Publlc
Improvements listed in Exhibit E (the "Shared Sales Tax Revenue Bonds") or
(Ii) twenty-five (25) years after the Shared Sales Tax Revenue Bonds are issued.
As of the date of thiS Agreement, the parties belleve that the Publlc
Improvements Ilsted In Exhibit E will cost $l8,l28,224 The parties further
agree these costs will continue to be revised and better determined in the months
ahead as the various engineers and advisors who are workIng on the Cabela's
Project further define the necessary scope and costs of the Public Improvements.
Accordingly, the City hereby agrees that Shared Sales Tax Revenue Bonds may
be issued in an amount up to (i) Eighteen Million Five-Hundred Thousand
Dollars ($l8,500,OOO.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 Dollars ($2,000,000 00) (for a total of Twenty
Milllon Five-Hundred Thousand Dollars ($20,500,000) 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) $18,500,00000
without further approval by the City or (Ii) up to $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
GED\53027 17\486134.07
273090 3
13
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 outslandmg 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
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 m 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 Dlstnct 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. The
maximum amount of Public Improvement Fee Revenue Bonds that may be
issued shall be Thirty-Five Mlllion Dollars ($35,000,00000) Such Public
Improvement Fee Revenue Bonds may have a term not to exceed forty (40)
years, shall bear interest at a rate not te 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 L '1etropolitan District under the current tax scheme
GED\53027 17\486134,07
273090.3
14
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
Pubhc Improvement Fee to the Metropolitan District as provided in and subject
to the provisions of this Agreement.
e Reserved.
f The City agrees to separately account for all of the Shared Sales Taxes upon
receipt. AI: 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 retallers 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 retaller' s tax return
lllformatlOn with the Metropohtan 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)
I. 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 lllformation or documents from which indiVidual sales taxes could be
ascertallled or determined, as the parties recognize that such llldividualized
information is confidential and cannot be disclosed unless a waiver of
confidentiality has been obtallled 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
GED\5302717\486134.07
273090.3
15
J. Within 75 days of the end of each fiscal year the Metropolitan DIStnct 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
during 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 orgamzatlOn,
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
the purpose of providing, operating or maintaining infrastructure or amenities to
serve the Property.
Any payments by the City under this Section shall be expressly subject to annual
appropriation 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 Pnor to the opening of the Cabela's Store the City wIll take the necessary action
to temporanly waive nine-tenths of one cent of ItS three cent sales tax on
transactions within the Property After the pnnclpal 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 Distnct 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 were 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 ofa porthn of the City's sale~ taxes as
GED\5302717\486134.07
273090 3
16
described to this Section 8 is intended to be temporary only and not a change m
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 Improvements 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 o/c) 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 Improvements Fee charged on transactIOns occurring wIthm the
Property (the "Total Project Tax") not to exceed the greater of (1) eight and
one-tenth percent (8 1 %); or (ii) the average sales tax and other fees then bemg
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 Improvements Fee equals 8 6% and the average sales taxes and other
fees within the Comparable CIties is then 7 9%, 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 I % Conversely, m the
event that the average sales tax and other fees bemg charged by the Comparable
CitIes (the "Comparable City Average") increases above 8 I o/c, the CIty may
decrease ItS waiver of sales tax such that the Total Project Tax equals the
Comparable City Average
o The City agrees initially to receive the Public Improvements 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 collectmg and remIttmg the Public Improvements
Fee revenues So long as the City is providing such serVIces, any retailer will
be required to prepare and file two returns with the City, one for sales taxes and
one for the Public Improvements Fees The CIty WIll not undertake to collect or
enforce collection of any Public Improvements 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 (I) determme the timing of payment of the Public
Improvements Fees to the City, (ii) produce md update materi .Is for retailers
GED\53027 17\486134.07
273090,3
17
collectlllg the Public Improvements Fees stating the procedures related thereto
and providing reporting forms; (iii) develop procedures for advlslllg the City of
those retailers subject to the Public Improvements Fees, (iv) develop procedures
for adJustlllg the Public Improvements 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 Improvements 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 Improvements 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 imtial senes of Public Improvement
Fee Revenue Bonds.
9. BONDS
a. Issuance and Purchase of the Bonds The Metropolitan Dlstnct shall issue, and
Cabela's agrees that it or an affiliate or assignee shall purchase from the
Metropolitan Distnct, Bonds in an original prinCipal amount determllled 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 Distnct to pay debt service 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 lllsufficlent to pay debt service 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 Distnct 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 lmprovement Fees are collected by the City The Bond
GED\53027 17\.86134 07
273090.3
18
Indentures for the Shared Sales Tax Revenue Bonds will provide that the
Trustee will then utilize Shared Sales Taxes to pay debt serVice 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 liabihty 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 senes 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 permmed
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 mstallation of Public
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 Dlstnct. 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 (11) 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 debt service on
such Bonds, shall be used to prepay prinCipal on the Bonds payable from each
respective fundmg source After the Shared Sales Tax Revenue Bonds have
been paid m full, the PublIc Improvement Fee may be increased from 1 4 % to
15%
f The Public Improvements Fees shall be used (I) first to pay debt service on the
Pubhc Improvement Fee Revenue Bonds, (Ii) second to pay pnnclpal and
interest on the Shared Sales Tax Revenue Bonds as permmed by Section 8.b,
and (iii) then to the extent available after the Bonds have been paid m full, the
Public Improvements Fees may be used to pay ongoing operations and
mamtenance costs of the Public lmprovements 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 '0 continue
GED\53027 17\48613407
273090,3
19
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
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
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.
GED\53027 17\486134.07
273090.3
20
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 m
accordance with C R.S. Section 32-1-204.5, a service plan for the MetropolItan
District (which service plan shall include an mtergovernmental 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. ln the
event the City fails to approve the Service Plan as provided m this Section, the
sole remedy of Cabela's shall be to disconnect the Property from the City and
termmate 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 collectmg 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
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 pendmg applIcatIOns or
approvals. includmg but not limned 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 withm thirty (30) days and dilIgently pursues such correction
thereafter If the Annexor default arise~ from the failure to grant any right of
way, easement, or other similar property right as required by this Agreement or
GED\53027 17\486134,07
27 3090 3
21
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 proceeding, the fair and actual
cash market value of all such property nghts 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 imphed
herein to the contrary, Coors shall be under no obhgation whatsoever to (i)
annex into the City any property other than the Property as provided herein 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 rehef; (2) speCific performance, (3)
stopping construction of the Cabela's Store or any Pubhc Improvements
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 immUnIty 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 commences 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 hrnItation, economiC,
consequential, contingent, punitive damages, lost profits or attorneys' or
experts' fees or court costs
14. MISCELLANEOUS
a. Neyus Ruhng The parties each acknowledge that Cabela's willingness to enter
into thiS Agreement was contingent upon Cabela's first receiving a favorable
GED\53027 17\48613407
273090.3
22
ruling from the Colorado Department of Revenue (the "Department") wnh
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 will such remote affiliates be subject to Colorado income tax The City
acknowledges and agrees that the revocation of the favorable Nexus Ruhng
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 Cny 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 Rulmg
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 Nothmg contamed m thiS Agreement shall
constitute or be interpreted as a repeal of any provision of the eXlstlng City
Code or as a waiver of the City's legislative, executive, admlnIstratlve, or
judicial governmental or police powers to promote and protect the health,
safety, or general welfare of the City or ns mhabitants Except as expressly
provided herem and m 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 hmn the authority of
the City to adopt different ordinances, resolutIOns, regulatIOns, rules. pohcles 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
negotiated in connection with this Agreement. the provisions of thiS Agreement
shall govern
d Referendum. In the event that the ordmances to be considered by the Cny
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 pendmg the outcome of the referendum If
the result of the referendum election is to reject such annexation or zolllng, all
of the provisions contained herem 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
3l-l2-ll9, 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
GED\53027 17\486134 07
273090.3
23
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 effective 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 m 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 anorneys' 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 Final Development Plans may contain additIOnal matters pertment to
the integration of the Property into the City and development of the Property
Therefore, this Agreement must be interpreted and apphed in a manner
consistent with such ordmances; 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 herem 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 Final 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 wntten permission,
which permiSSIOn will not be unreasonably withheld, provided, however, that
Cabela's may assign any or all of its nghts and interests hereunder to one or
more of its affiliates to perform its obligations hereunder (in any or all of which
cases Cabela's nonetheless shall remain responsible for the performance of all of
its obhgations 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 writmg. 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, -1 Recorder in order to effective
GE0\530l7 17\486134.07
273090.3
24
h Notice Any notice required or permitted under this Agreement will be deemed
to be receIved when delivered personally in writmg 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
GED\53027 17\486134,07
273090.3
25
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
Koley Jessen P.c.
One Pacific Place, SUite 800
l125 South 103 Street
Omaha, NE 68124
To Coors
Attn. Neil Jaquet
Coors Brewing Company
31l 10th Street
Post Office Box 4030
Mail Stop CC370
Golden, CO 8040l
with a copy to
Attn. Samuel Walker
Coors Brewing Company
311 10th Street
Golden, CO 8040l
and with a copy to'
Attn. Jim Serven
Moye Giles LLP
1400 16th Street #600
Denver, Cl 80202
GED\53027 17\486134.07
273090.3
26
To City
Randy Young
Wheat Ridge City Manager
7500 W. 29th 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 mterpreted
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 m 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 rendenng
the provision in question inoperative or unenforceable m any other case or
Circumstance, or of rendenng any other provision or provisions herem contained
mvalid, 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
voter approvals, either in advance of, or following the purported violation, as
may be allowed by law
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
m ThIrd Party B~neficiaries Nothing expressed or implied in this Agreement is
intended or shall be construed to confer upon, or to give to, any legal person
GED\53027 17\486134,07
273090,3
27
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 Nothmg 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 tlus 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 onginal versions of this
Agreement and all other agreements, certificate, 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 JunsdictlOn and venue shall be proper and exclUSive ill the District
Court for Jefferson County, Colorado
q. Execution by Cabela's and Coors The execution by Cabela's and Coors shall
not affect then respective rights. duties, obligations, and remedies under any
other contract or agreement entered Into between such parties, each of which
contracts and agreements shall be governed exclusively by the terms, covenants,
and conditions thereof
GEDIS3027 \71486134.07
273090,3
28
IS. EXHIBITS. This Agreement includes the following Exhibits, attached hereto and full)
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 mtentionally left blank]
GED\5302717\486134.07
273090,3
29
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
effective as of the date first set forth above
ATTEST:
CITY OF WHEAT RIDGE
By
Pam Anderson
City Clerk
Gretchen Cerveny
Mayor
APPROVED AS TO FORM:
Gerald E Dahl
City Attorney
COORS
CABELA'S
By.
Name
Title
By
Name
Title
GED\53027 17\48613407
273090 3
30
ST A TE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
The foregomg instrument was acknowledged before me by Gretchen
Mayor, and by Pamela Anderson, as City Clerk of the City of Wheat Ridge, this
of , 2004
Cerveny as
day
Witness my hand and official seal
My commission expires
Notary Public
[SEAL]
STATE OF NEBRASKA )
) ss
COUNTY OF CHEYENNE )
The foregoing instrument was acknowledged before me by
of Cabela's Retail, Inc , this day of
as
,2004
Witness my hand and official seal.
My commission expires
Notary Public
[SEAL]
GED\53027 17\486134.07
273090.3
3l
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by
, of Coors Brewing Company, this day of
as
2004
Witness my hand and official seal
My commission expires
Notary Public
[SEAL]
GED\5302717\486134.07
273090.3
32
EXHIBIT A
,C'-~
~_ I
~-,:",--,~ .;
... ~ --
_.,-:'~~,-=_/
~- -~,~
I
.l !
I
~~,
l~~ ~~~'_
'/
"
~~~~~ -=-::::-~"::=:-..~.~':-~~-~~. ---
---- .....rf....-
COORS PARCEL 2
43.32 ACRES
L-
JEF-FCQ
PARCEL 1
36.01 ACRES
)
~~\
;Iii
i
COORS PARCEL 1
122.71 ACRES
:::~ ==.J
. ,
n '
, )~
;~
.--
I 5ALTER
I 7 40 ACRES
'-i \ ._~~
II;' -'-~
III i
,I ,
U -" i I,
,
._~ I,
--, ..""....,.... "- ". ,
I I '.
LEGEND
./"#1
MARTI N MARTIN
BOUNDARY
PARCEL BOUNDARY
1 ;;&4'io1'" _".T CO......... ...,,'"'.
POIllO><'~l!5CC
I.--AOCEWOOD CO 80;;& 1 5
303."31.6100
,........ ::],D3 ...::J., 40llft
EXHIBIT B
, --- -..---
"".'''':--'-;~
.,;..",0';_".._:;>.' J
...~~-_..
~~- ./..../ ,-
~:: ---~..~",_..-..
I~__- d~.
/
/ /
/ /
iSALTER
I, COORS 1
I' COORS 2
, COORS 3
SUBTOTAL
JEFFCO'
TOTAL
074 ACRE
7.01 ACRES
1.77 ACRES
o 40 ACRE
9.92 ACRES
0.27 ACRE
11019 ACRES
",-..:;
ROW: see
......"'IX
C-- /
~ /
--=. /'
. _____- , .r
..~.. ~::____:_.,__,e~----~~-1 ';
- --_.-
~..
.. ~'
~0.. '
---;' '\ \.
, !I.
" l
II
"
1: " j
- \ \
PARKINGf7<9. 1:,,11
PARKIN" A/ J. . I I
, I W I
\, v ~, I I
\ PARKING / /.. I, !
'" ~ARKIN~.. I ~
-~
' ....II
I j
'i
i
,
--
----
co::>RS PARCEL 2A
26.'" ACRES
JEFFCO
PAACc~ 1
36.0' ACRES
ROW MATRIX
:::;~
NOTES:
1l'l'IDl'OSED flOW IS NOT INCLUDED WITl-iIN
JEFFCO PARCEL ACREAGE
COORS PARCel 1
28.82 ACAES
RETAIL
22.12 ....CRES
."
j'
I
! ._~I
\ff- :l~__
U.(
~ y "...:-
,I
I
" ~m..~
~LlFE EsTAn
il.Ili ACRES
_-i
I
J
-,
,
LEGEND
-j ',-
.. .i
j-
i
.. 1"
I
BOUNDARY
PARCEL BOUNDARY
...
CABELA'S BUILDING
~ MARTIN MARTIN
./ ." ~ Oq....ULT'...G ll...lJI,...."'......
CABELA'S PARKING AREA
~
PARCEL ACCESS
'....Viii .....T QOL.....,. ".....
POllio,", 1"'1' "'100
...........",_<:;1<;:10 co ao~ 1 ~
30"'1.,",3' .6'00
....... :J.O~ 4:10' ..oa..
EXHIBIT C
Retail Center Restrictive Covenants
GED\53027 17\486134.07
273090 3
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 boundanes 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
extended for successive periods of five (5) yeals (each, an "Extenaed Term"),
GED\53027 17\486134 07
273090,3
Exhibit C
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
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 who 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,
GED\53027 171486134,07
273090.3
2
Exhibit C
c. Any "second hand" store or "surplus" store,
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 leasing, display
or body shop 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 drug related paraphernalia,
n Any bar, tavern or other establishment whose reasonably projected
annual gross revenues from the sale of alcoholic beverages for on-
premises consumption exceeds 50% of the aggregate gross revenues of
the business or businesses conducted on any Lot;
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;
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
GED"53027 17\486134.07
273090.3
3
Exhibil C
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 selling hunting, fishing, camping or outdoor
equipment; provided, however, the Owner of the Lot legally described on
Exhibit "C" attached hereto (the "Cabela's Lot") may operate a Cabela's
retail store, 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.
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, and approved in writing, as follows ("Developer
Approval")
a For Lots derived from the Cabela's Property, Plans shall be submitted for
approval to Cabela's at: Cabela's Retail, Inc , One Cabela Drive, Sidney,
Nebraska 69160, Attention Director of Real Estate Development.
b For Lots derived from the Coors Property, Plans shall be submitted for
approval to Coors at: Coors Brewing Company, 311 10th Street, POBox
4030, PMB CC370, Golden, Colorado 80401, Attention.
4.2 Developer's 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 Developer shall not unreasonably withhold its
approval of such Plans and 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 Develope, 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 Developer, which consent shall not be unreasonably withheld.
GED\53027 17\486134 07
273090.3
4
Exhibit C
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
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 Developer
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.
GED\530n 17'.486134,07
273090 3
5
Exhibil C
54 Landscaoinq Every Lot on which a building 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 Developer
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
Developer, 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 Developer, shall be installed within ninety
(90) days of occupancy or completion of th~ 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
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 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 Owners of 70% of the total area within
the Property
GED\53027 171486134 07
273090.3
6
Exhibit C
ARTICLE 7
EMINENT DOMAIN
Nothing herein shall be construed to give Developer 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 Developer(s) or any Owner will be
implied from the failure by Developer(s) 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 Developer or any Owner will not
be deemed to waive or render unnecessary the consent to or approval of an)'
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
82 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.
8 3 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
86 TOone Except as otherwise provided in this Declaration, time is of the essence
GED\53027 17\486134.07
273090.3
7
ExhIbit C
IN WITNESS WHEREOF, Developer has executed this Declaration the day and year
first above written.
CABELA'S RETAIL, INC ,
a Nebraska corporation, Developer
By'
Its:
STATE 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
IN WITNESS WHEREOF, Developer has executed this Declaration the day and year
first above written
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:
Koley Jessen P C.
A Limited Liability Organization
1125 South 103 Street, Suite 800
Omaha, NE 68124
(402) 390-\"500
GED\53027 17\48613407
273090.3
8
Exhibil C
EXHIBIT D
Tax Rates of Comparable Cities
GED\53027 17\486134.07
273090 3
I
(s,elaqe:)
pasodoJd)
a5p!CJ lea4M
. a5P!CJ lea4M
~ ~,
. jl
c..
0 ,,'
~ (SIIIVIJ >:JI
..
N OpeJOjo:))
....
I pooMa>tel
"1'
0
0
N (JeWlas)
--
\0
.... pooMa>tel
--
N
....
I +
Eo-- x ;J:
tIl
~ l- ll) pOOM8>jBl
~ III CO
Ol r--
0:: tIl ~
Q en Ol
...
Ol tIl
010::
tIlLl.. uaplo8 III
'--
Ole.. ...
u
~ '-
...
III
0
(poo::!) -0
c
J8^U8O tIl
III
, Ol
...
U
Ja^Uao
(UOJqej::!)
i PI8!JWOOJS
Pla!JwOOJS
(Aluno:)
Swepl;t)
epef\J1;t
(Aluno:)
UOSJ8jJ8r)
epef\J1;t
r-
o
..
'"
."
00
'"
;::
o
o
m
o
o
<Xl
o
o
r--
o
o
<D
d 0
o 0
I.{) ~
o
o
(")
o
o
N
o
o
o
o
o
r-
.........
o '
:;::~
6~
"'r-
c;:>.....
alE~ :lId + XEJ.
.
~
.
c..
o
~
N
.....
I
"'t
o
o
N
---
1.0
.....
---
N
-
I
Eo--
~
-<
0:::
~
iii
-
o
J-
Ql
-
'"
-
en
I'l3Et;
.!J ::::J'i:
(5"'C1i)
o '" "-
Ll.U)Cl
-0
I::
ru-I./J_
'" Ql u
~~:E'i:
:;:;~==V;
I::::::l U._
.~ U ~ Cl
u
en
'"
I::
o
Cl
Ql
c:::
I::
o
:;:;
"'t)
t:: ";:
0_
Cl.1Il
~O
'"
...
~
:i?;-
I::
::::l
o
U
-
I::
Ql
U E
.o~g:
::::lOLl.
c.. ...
Cl.
E
:i?;-
U
00000000000
(J)(J)(J)(J)(J)(J)(J)(J)~(J)(J)
NNNNNNNNNNN
000000000000
T'"" T'"" T""""'"
000000000000
000000000000
~ ~ ~
000000000000
000000000000
OOOOOOOOOO~O
~~<( <(<( <(~ ~ ~ ~~ ~
002222000000
000000000000
OOONOOOOL()"<tO"<t
OOOOOOOON 0
L()L()OOOOOOOO
NN L()OOOOOO
("")("")V~("')-.:tC"")N N(V')N
>-
-
>- I::
C>;g
~'EU
U::::l-o
I:: 0 I::
o U '"
III III >-
... E-
.!",U
Ci;-o-o
-'<("Q;
--.-
'" ",-
-o-oE
'" '" 0
~ ~ ~
CO
>-
-
I::
::::l
o
U
-0
I::
'"
>-
:t:
U
I::
o
...
:;:;
'"
Ll.
:!:
Ql
;;::
E ~ ~
o > >
01::1::
... Ql Ql
CO Cl Cl
N
...
o
::::l
C"
:J
-0
I::
'"
-0
o
o
Ll.
-
~
III
.,
III
'"
Ql
.0
'"
U
Ql
:::ll
,
~I
~I
x '"
"'->>
I- :c
"'",(.)
~ Q.) Q)
roro..c
CfJCfJ-
'C-co
~Q)-
~ro~
(/)V5~
ll>ll>_
==~
:t:: ~ =
o ll> 0
>,.'::: u
roctl:::;:
a.xi:
o ~ >.
--;~G
co_
- co ll>
"''''~
~tI)-
ro :::: .-:.
'" - ll>
o 0.:
0" 0 Q.
...-0..::: x
o ll>
~~o
ll>ll>~
... >::=
2"m 0
"'i:"O
C"O'iO
(5 ffi ~
~~ro
-0",
~N-g
~-o
i:a3CD
C == Q)
i: 8 ~
0_ ll>
.ern>
tf.I (/)..c Q)
Q) .s~~
o Q.).""::: C
v; .DUel)
X ll> E
g 2..c g;
,g- to (f) ~ 0
o ll>'"
o - >. 0..
~ N ~:=:Ex
co .S: 0 U - ctJ
C e;.:::: Q).~-
o Q.) 'C CJ)..c: - IJJ
.. ~.~ 0 -- .g ~
a. ro o.2o..~
g ~ 3: lo... X ell tfJ
f.I) x Q)co:E:~
c Vl ro > __ _
8 ~ i g .~ ~ ~ ~
~ ~ ~ .~ ~ ~::~
E ~ ~ ~ ! ~ 'i.~
E u U.g 2 Q) 3:
u..Q~o~~~2.~
'C Q) C zED 0 :t:: co
~ en 'w :g Q) e u 0 a;-
D ~ 8. ~ Oa.~ a;-g~~
c>2o ~roa.x
~ ~ ~ .~_.s -~~~!9
Q) "0 0 - .~ - c ro r.n
>COO::oWOcn(1)
e ro ~ c. ~ L:lCO-oro
a.~Q) roQ)ccn
EO.:Jt:.ea..u:JO-
~O co Q; >. 'CcCCc
- ....J ~ ~ Q) Q.l Q) ~
:::-0-0 roCl.l>:J....
2 ro>OQ.'lc:J
Q) ~ oJ no:: Q) U
:ffi ro .... J .::.:. ex> c:
u.. CfJ G a:: w 11. co ll> ll>
q) ~a::=
r-
o
..,.
M
oc
00
..,.
r::
r-
'"',..,
o .
~~
60
u,;M
u~
Exhibit E
Public Improvements
Funded with
Shared Sales Tax Revenue Bonds
Site Costs
Off-Site Work
Public Roadways
I 32nd Ave. and 1-70 $ 3,500.000
2 40th Ave Underpass $ 3,182,000
3 1-70 east ramp - 'r oungfield $ 300,000
4 32nd Ave, west $ 300,000
5 32nd Ave. east $ 300,000
6 32nd - Y oungfield intersection $ 900,000
7 40th - Y oungfield intersection $
8 Mclntyre Intersection (roundabout) $ 1,500.000
9 Bridge over Clear Creek $ 860,129
10 McIntyre Extension Road $ 546,000
II Coors Extension Road $ 387,500
I2 32nd - Entry Road intersection $ 300,000
13 Entry Road $ 300.000
Other Improvements
Trails - 32nd to Clear Creek $ 475,000
On-Site Work
Excavation / Fill
Public Roadways $ 30 \.30 I
Roadways
Cabela's Drive $ 935.000
Traffic signals $ 525,000
Subgrade Prep $ 75,000
40th A ve, Extension $ 90.000
Street lighting $ 200.000
Landscape & Irrigation $ 342,257
Infrastructure
Storm sewer $ 100.000
Site Cost Contingency $ 1,156.439
Soft Costs
Engineering $ 770.959
Civil Engineer InC
Surveying InC
Geotechnical Engineer InC
Traffic Engineer InC
Environmental Engineer inc
Materials Testing;lnspections InC
Project Management
Project One $ 331,513
Cabela's PM - s.te $ 165,756
Financial & Legal
City of Wheat Ridge $ 235,000
Real estate legal inc
Real estate consulting - Deepwater InC
EngineerIng services InC
Soft Cost Contin~encv $ 49,3 7 \
ITotal $ i8,128,224 I
~~w ~@M~~~[b 1~~Mlf~~
CITY OF WHEAT RIDGE, COLORADO
December 20. 2004
Mayor Ce.r,ve;>v callep the S?Ee' City CoungJ.-Meeting to QJ:def at 5 00 rym pt>uncilme;nbers
present: ~en ASafns, Kar Berry, Jerry DiTullio, Dean Gokey, Lena 'Rotor a , Wanda Sang,
Larry Schulz, and Mike Stit s Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Public Works, Tim Paranto, staff; and interested citizens
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 1.
RESOLUTION 38-2004 -APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S RETAIL,
INC , AND THE COORS BREWING COMPANY
Jti\ v.N\tO ~~UY
8"--{j
/
Meeting adjourned at 0: t3 . p m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON JANUARY 10, 2005 BY A VOTE OF to
Lena Rotola, Council President
~~. 0~)~1l.v.. ..... \l>\ito~,Ju:O \303 \ vJ ].qt;..~.
/ _ ~ ~~ ,,~ 0,\ "\40'",/ ~bW7 61^
~."." ~ ~""^~ ~ - ~
~)A) '(;I.. It "",lli ,V...-J joJ'" )We ~
\ ~ Iguj.
-\vo.~j;t! 5~ "'" v~ -'
. . ~~ ~'lJ e ~'J rift ~
II'" ~ . 1h - ~j) t<VVht .vl"Vi'O t1<e . q '(.
~~..
__ ~ 1-'\" \lot ( :32-1 ~ ~ ~ .' r:
..- ~ ~ w ~ IS]; _1-1~
~ -/ .
\ V - IAM!/ld? T- ~,) 'I, fJ<~ J .tW"~:
~ ~~.
J ~lKf "J iJuJ f~' .jcJv.w
jjvvvr~
___ f\."-~ \i'i ~rlf'l ) ~.
\3tlO vJ. :l"t ~
~ (; ( f>>H'~f2 ~;.J-
~ ~ilAf He. ~b _ Sf--t'.v V[JI 13> fh'j lz."..,C! *' ,..;..
f3J.1J1J. {)i. I.,-I?, (JrJ ~'(l)M-'~~)
-r.~ m,II''''''~~ .;o.-.;l+ ~
~ 1- Mi f.!)v/Co {"'r' vW"l~ '
~ Os I?~e. ~ . ~ c.0 vP~/-7fi I H
hI ~~fvvc / ! /}\P'AW ,;vvWA - 1800 {,uJ>4 K t,..p .
.~ _~ ~ t-J~' fr ~
~ --J. T fl~i r.
~;t~ ( /~
'W'~ ~) 1j,P. A-(fk. lJo/iU; .*"('~vf.-.'
. _ ~ . __ s*",'ud ~f>1".4 -li-
1~~ +{w.c""cc0t. 5f.W He. (IN] .
1k(cfi4 Iv wnA f r- S fu.A
~ ~. I'/-t.t ( [p..&t>.ffk.?J.. / .J.....nf
/(j 'kf~ / (('-' (.......d- t/~ /II tAr-
. ~~ p foh J1p~r~
L I . .. 0.....,... -r w/5/AL ~.
. MY -r:;;lf ~ ~ ~ ~ rl t::
*- 'J!""'~ 1-)r W !~-";~.
Vlw
4:30 p.m. Pre-Meeting
AGENDA
SPECIAL CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 20. 2004
5:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
This Special City Council Meeting is for consideration of one item.
THIS IS NOT A PUBLIC HEARING. The order of procedure will be the
following:
Introduction of the resolution.
A motion will be put on the floor.
A presentation by staff.
Questions by Council members
Opportunity for Public Comment.
Additional staff information if necessary.
Vote on the motion.
If you wish to speak under public comment, you must sign up on the
back table. If you do not wish to speak at the podium, please do not
put your name on the sheet. In order to give everyone an opportunity
to speak, you will be limited to three minutes for comments. This
resolution is considering the development agreement, not the
annexation petition or the proposed development plan which will be
heard at a later date. A proposed development plan has yet to be
submitted. Your comments must relate to the development agreement
only. For example, if you wish to comment regarding traffic impacts to
the neighborhood, the appropriate time will be at a future hearing for
the annexation petitions or the proposed development plan.
CITY COUNCIL AGENDA. January 13, 2003 Page -2-
If a previous speaker has addressed your concerns, please feel free to
come to the podium, state your name and address for the record, and
state that you agree with what has been previously stated.
MR. STITES. WOULD YOU PLEASE INTRODUCE THE ITEM.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 1.
RESOLUTION 38-2004 - APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S RETAIL,
INC , AND THE COORS BREWING COMPANY
A MOTION IS IN ORDER.
Motion by Mr Stites, Seconded by
STAFF REPORTS
INTRODUCE JERRY DAHL.
CABELA'S PRESENTATION
TIM LEONARD
QUESTIONS FROM COUNCIL
PUBLIC COMMENT
I would like to remind you that this is not a formal public hearing. This
is the opportunity for public comment. The resolution is regarding the
development agreement only. When your name is called, please come
to the podium, state and spell your name for the record, and give your
address. You will have a maximum of 3 minutes to make your
comments. The green light on the podium indicates that your time has
begun. The yellow light indicates that you have 30 seconds remaining
for your concluding remarks, and the red light means that your time
has expired. If a previous speaker has addressed your concerns,
rather than repeating what has been stated, please come to the
podium, state your name and address for the record and that you
agree with the previous speakers.
CITY COUNCIL AGENDA. January 13, 2003
FURTHER STAFF COMMENTS
Page -3-
THE MOTION ON THE FLOOR IS
TO APPROVE RESOLUTION 38-2004 : APPROVING AN ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, CABELA'S RETAIL, INC., AND
THE COORS BREWING COMPANY.
PLEASE VOTE
ADJOURNMENT
n~
~(,O
o
~~
~s
(,0-
o
~~
.-\~
J:l' ~,
?'O
- <:)
%.s:a
nl
~ ):>'
~~
O~
.-\.0::.
"j:-
~~
<6~
~J:l'
i
~rn
~')(.
~~
~o
n~
o~
~o
~~
:.<.'
t1\
b
"'tl
~
~
.-\
~
~
~
t1\
~
~
o
~
.-\
~
(')
~
~
{t\
~
~
~
G>
%.
C:.
"'0
~
~
~
-n
o
13
~
~
~