HomeMy WebLinkAboutResolution-2005-0034
-
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 34
Series of 2005
TITLE:
A RESOLUTION APPROVING THE FIRST
AMENDMENT TO ANNEXATION AND
DEVELOPMENT AGREEMENT AMONG THE CITY,
CABELA'S RETAIL, INC., AND THE COORS BREWING
COMPANY
WHEREAS, the City IS a home rule municipality orgamzed and operating pursuant to
ArtIcle XX of the Colorado ConstitutIOn and the Colorado Revised Statutes, and
WHEREAS, the City IS authonzed to annex temtory into the corporate boundanes of the
City pursuant to C .R.S ~ 31-12-101, et seq , and
WHEREAS, on December 20, 2004, the CIty entered into an Annexation and
Devclopment Agreement With Cabela's Retail. Inc. and Coors Brewmg Company whIch
memonahzes the terms and conditIOns under which the City would consIder annexatIOn of
certam property owned by Cabela's Retail. Inc., and Coors Brewmg Company; and
WHEREAS, said property was annexed into the CIty on February 28, 2005, and
WHEREAS the City CouncIl has determmed that It IS in the best IIlterest of the CIty that
the Annexation and Development Agreement be amended.
NOW, THEREFORE, BE IT RESOLVED by the Wheat RIdge CIty Council, that:
Section 1. The FIrst Amendment to Anncxatlon and Development Agreement among the
CIty of Wheat RIdge, CabeJa's RetaiL 1nc.. and the Coors Brewmg Company dated December 20,
2004 (a copy of which IS attached hereto as Exhibit A and fully mcorporated herein by thiS
reference) IS hereby approved, and the Mayor and City Clerk are hereby authorized and directed
to execute the same
WR CAB DOCS 005
-
Section 2. This Resolution shall be effective upon adoptIOn.
Section 3. Publication. This Resolution shall be publIshed III a newspaper of general
circulation within the City of Wheat Ridge.
DONE AND RESOLVED this II th day of July, 2005
,-
/
/' ,
(,-/
_____~ ('y i ./,
etchen Cerveny, Mayo~~
ATTEST
Pubhshed III the Wheat RIdge Transcnpt: July 14,2005
WR CAB DOCS ()()5
-
FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
This Amendment to Annexation and Development Agreement (this
"Amendment"), is entered as by the City of Wheat Ridge, Colorado a Colorado
municipal corporation (the "City"), Cabela's Retail Inc, a Nebraska corporation
("Cabela's"), and Coors Brewing Company, a Colorado corporation ("Coors"),
collectively referred to herein as "the Parties"
RECITALS
1. The Parties entered into that certain Annexation and Development Agreement
dated December 20, 2004 (the "Agreement")
2 Paragraph 11 b of the Agreement provides that not later than ninety (90) days
following annexation of the property which is the subject of the Agreement,
Cabela's shall file with the City a service plan for the metropolitan district
contemplated by the Agreement.
3 The Parties wish to extend the time during which Cabela's is obligated to file the
service plan with the City
4 The Agreement provides at paragraph 14 I that it may be amended by a written
instrument signed by the Parties The Parties intend that this instrument, when
executed by all of them, constitute such an amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the delivery, receipt and sufficiency of which are acknowledged and confessed,
the Parties agree as follows
1 Paragraph 11 b of the Annexation and Development Agreement between the City
of Wheat Ridge, Cabela's Retail Inc, and Coors Brewing Company dated
December 20, 2004 is amended as follows
The first sentence of paragraph 11 b is hereby amended to read
in its entirety as follows "Not later than thirty (30) days following
approval of a final development plan for the Property as a Planned
Commercial Development permitting a retail store of
approximately 225,000 square feet, Cabela's shall file with the
City for review and consideration in accordance with C R.S S 32-
1-2045, a service plan for the Metropolitan District (which service
plan shall include an intergovernmental agreement between the
District and the City) (the "Service Plan") "
2 This Amendment shall be effective upon execution by all Parties hereto
WR CAB Docs 002
-
--
City of Wheat Ridge, Colorado
~y,
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me by Gretchen Cerveny as
Mayor, and by Pamela Anderson, as City Clerk of the City of Wheat Ridge, this
/~M day of J~tllr ,2005
Witness my hand and official seal
My commission expires II / I~/ .too,,"
Q dltKa.h Kl.<-'-'J' '-fV~L({/lJ..{j
Notary Public
[SEAL]
My Commission Expir8s t1lt2l2OO6
WR CAB Docs 002
---
CABELA'S RETAIL, INC ,
a Nebraska corporation
By'
\ ,
Title l< ~, I, -' " 1" , t
STATE OF NEBRASKA
,
I
) ss
)
COUNTY OF CHEYENNE
V
I .
il {
-,_.- ,
The foregoing instrument was acknowledged before me by I",,! lot L 11''-' ,
i ~, ." /, ,/ of Cabela's Retail, Inc., this ---,.1 /1' day of 1,( I, I
,j
2005
Witness my hand and official seal
GEtlERAl. NOTARY. SlaIe 01 Nebraska
DONNA M. JUELFS
Comm. ' M 10 2008
My commission expires
f\ ({ / ,,' I;. I j (', y~
I Notary Publit
[SEAL]
WR CI\B Docs 002
as
STATE OF COLORADO
COUNTY OF JEFFERSON
)
) ss
\
I
The foregoing instrument was
J-' (,' \ _.1 ,f l' i as _ \ r ^ ~l \ l \ ~~ '
..' J ' day of 1\... ,\,' i , 2005
Witness my hand and official seal
My commission expires I i \)
//~~Ii
",,9.,' ....u~
I...~-. ....~'""~
! i "",':' ~O i/\Ri' "..,0 '~
[SEAL] (1--..__'-, '~
~,'J',~.., PUBUC : '~lO I~
\\ '-9 " ,,' ~ fJ
'~~/jLi:.W
WR CAB Docs 002
COORS BREWING COMPANY,
a Color;wo corporation
, I
By' ~-----
s a e~
Title Chief LegAl Office1'
acknowledged before me by
, of Coors Brewing Company, this
. L ,
\ \ - '
Notary.Public