City Council Agenda and Packet 2013 12 16

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Y FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT This First Amendment to Intergovernmental Agreement ("Amendment") is made and entered into to be effective the / 1- day of -re r-r4 ry 2005, between the City of Louisville, Colorado ("Louisville") and the Town of Superior. Colorado ("Superior") (collectively the "Parties") as the first amendment to the Intergovernmental Agreement between the Parties effective upon certification of the election results of the November 1997 election (the "Agreement"). WHEREAS, the Parties entered into the Agreement, inter alga, to provide for sharing of sales taxes on the South Property, which Property was disconnected from Louisville and annexed to Superior; and WHEREAS, the Agreement limits the amount of residential development on the South Property: and WHEREAS, it is in the interest of both Parties that sales taxes on the South Property be maximized for the benefit of both Parties; and WHEREAS, Superior is working with a developer that is willing to develop the South Property for a mixed-use development that includes multi-family housing, which housing will provide opportunities for persons to live and work in the area, thus maximizing the use of and revenue generation from non- residential portions of the development; and WHEREAS. Superior has represented that this mixed-use development on the South Property is not to contain more than 2,000 dwelling units, and the Town will require a minimum of 250.000 square feet of retail, sales-tax generating development: and WHEREAS. Louisville is not taking a position on the appropriateness or density of residential uses within Superior; and WHEREAS, the Parties desire to amend the land use standards of the Agreement that are applicable to the South Property, to allow for additional residential development on the South Property, to set a minimum square footage of retail, sales-tax generating uses, and to provide for a phasing plan requiring the concurrent development of residential and retail uses on the South Property; and WHEREAS, such amended land use standards shall be applicable to the South Property and enforceable as provided in the Agreement and C.R.S. 29- 20-105; and 1 2117(2065 a.1O NM ell)pCUmenq and SellingsiptiyWah',loral SaitsnavTemporary Intartwl Fdes,0110411hnnl,st amendment dor: