Common use of Development Regulations Clause in Contracts

Development Regulations. The City acknowledges that the County has adopted certain land use regulations to implement the prior Intergovernmental Agreement for the GMA entered into between the parties on May 5, 1998. These regulations are contained in the Larimer County Land Use Code at Section 4.2.1 (Growth Management Area Overlay Zone District), Section 8.9.11 (Large retail Establishments), and the Technical Supplement (Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort ▇▇▇▇▇▇▇ GMA and Definitions) (hereinafter “the GMA regulations”). The City acknowledges and agrees that the County through exercise of its legislative authority and discretion may amend these GMA regulations from time to time. Notwithstanding the foregoing, the County acknowledges that its adoption of the above referenced GMA regulations in their current form was a substantial inducement and consideration for the City’s entering into this Agreement and the prior May 5, 1998 Intergovernmental Agreement. The County agrees, therefore, that it shall not legislatively amend or fail to follow the GMA regulations and any subsequently adopted agreed upon GMA regulations until it has first referred such proposed amendment or action to the City for its recommendation. The City shall provide its written recommendation to the County within ninety (90) days of receipt of the referral for legislative amendments and within thirty (30) days of receipt of the referral for other actions, unless the parties mutually agree upon a longer or shorter time period. In determining whether or not to adopt the proposed amendment or action, the Board of County Commissioners shall give great weight to the recommendation of the City and the extent to which the proposed amendment or action promotes or impairs the purposes of this Agreement, and the various components (elements) of the City’s Comprehensive Plan. In the event the County legislatively amends or fails to follow the current or subsequently adopted agreed upon GMA regulations without the City’s approval, the City Council may elect to exercise any or all of the following remedies: A. Terminate this Intergovernmental Agreement upon giving sixty (60) days advance notice to the County. E. Refuse to annex any lands or specific parcels of land into the City. ▇. ▇▇▇▇▇ to maintain any public infrastructure improvements which the City has theretofore agreed to maintain under Section 9 of this agreement. ▇. ▇▇▇▇▇ to enforce or attempt to enforce reimbursement agreements for the benefit of the County. ▇. ▇▇▇▇▇ to collect (and remit to the County) funds as may be levied by the City for county- wide/regional improvements, including, without limitation, regional impact fees. These remedies shall not apply to those occasions when the County modifies such GMA regulations under the provisions and criteria for “Modification of Standards” as contained in the Land Use Code.

Development Regulations. The City acknowledges that the County has adopted certain land use regulations to implement the prior Intergovernmental Agreement for the GMA entered into between the parties on May 5, 1998. These regulations are contained in the Larimer County Land Use Code at Section 4.2.1 (Growth Management Area Overlay Zone District), Section 8.9.11 (Large retail Establishments), and the Technical Supplement (Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort ▇▇▇▇▇▇▇ GMA and Definitions) (hereinafter “the GMA regulations”). The City acknowledges and agrees that the County through exercise of its legislative authority and discretion may amend these GMA regulations from time to time. Notwithstanding the foregoing, the County acknowledges that its adoption of the above referenced GMA regulations in their current form was a substantial inducement and consideration for the City’s entering into this Agreement and the prior May 5, 1998 Intergovernmental Agreement. The County agrees, therefore, that it shall not legislatively amend or fail to follow the GMA regulations and any subsequently adopted agreed upon GMA regulations until it has first referred such proposed amendment or action to the City for its recommendation. The City shall provide its written recommendation to the County within ninety (90) days of receipt of the referral for legislative amendments and within thirty (30) days of receipt of the referral for other actions, unless the parties mutually agree upon a longer or shorter time period. In determining whether or not to adopt the proposed amendment or action, the Board of County Commissioners shall give great weight to the recommendation of the City and the extent to which the proposed amendment or action promotes or impairs the purposes of this Agreement, and the various components (elements) of the City’s Comprehensive Plan. In the event the County legislatively amends or fails to follow the current or subsequently adopted agreed upon GMA regulations without the City’s approval, the City Council may elect to exercise any or all of the following remedies: A. Terminate this Intergovernmental Agreement upon giving sixty (60) days advance notice to the County. E. B. Refuse to annex any lands or specific parcels of land into the City. ▇. ▇▇▇▇▇ C. Cease to maintain any public infrastructure improvements which the City has theretofore agreed to maintain under Section 9 of this agreement. ▇. ▇▇▇▇▇ to enforce or attempt to enforce reimbursement agreements for the benefit of the County. ▇. ▇▇▇▇▇ to collect (and remit to the County) funds as may be levied by the City for county- wide/regional improvements, including, without limitation, regional impact fees. These remedies shall not apply to those occasions when the County modifies such GMA regulations under the provisions and criteria for “Modification of Standards” as contained in the Land Use Code.