HomeMy WebLinkAbout3.1 Conditions of ApprovalJuly 30, 2002
SONLIGHT FOURSQUARE GOSPEL CHURCH
PO Box 217
Glenwood Springs, Colorado 81602
970-945-9657
sonlight@sopris.net
Garfield County Building and Planning Department
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
ATTN: Mr. Fred Jarman
RECEIVED
JUL 31 200?
GARFIELD COUNTY
BUILDING & PLANNING
RE: Conditional Use Permit
Sonlight Foursquare Church/Intl. Church of the Foursquare Gospel
Dear Mr. Jarman:
Enclosed please find a copy of the pre -annexation agreement between the City of
Glenwood Springs and International Church of the Foursquare Gospel. This agreement
complies with Item # 3 on the terms and conditions of the conditional use permit.
Also enclosed is the High Country Engineers drawing showing the parking spaces, which
we have completed in compliance with Item #4 on the terms and conditions of the
conditional use permit.
Please do not hesitate to call if you have any questions regarding these items.
Sincerely,
az
Bernard R. Masimer, Pastor
Sonlight Foursquare Church
Enclosures
BRM/cap
PRE -ANNEXATION AGREEMENT
TO PROVIDE WATER SERVICE
THIS AGREEMENT made and entered into this G, day of kn.,. , 2002, by and
between the CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule municipality
(hereinafter "City") and INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL
(hereinafter "Petitioner(s)");
WITNESSETH:
WHEREAS, Petitioner(s) are the owners of certain real property currently located in
unincorporated Garfield County, Colorado, commonly known as 0355 County Road 132, Glenwood
Springs, CO and more particularly described on Exhibit A attached hereto and incorporated herein
by this reference (the "Property"); and
WHEREAS, the Petitioner(s) currently receive water from the City on an out -of -district
contractual basis;
WHEREAS, the Petitioner(s) have applied to Garfield County for a conditional use permit
for a proposed change of use of the property from residential to a church purposes; and
WHEREAS, as a condition of continuing to provide water service to the Property after the
proposed change of use the City desires the Petitioner(s) to agree to annex the Property to the City
at such time as the contiguity is established; and
WHEREAS, C.R.S. § 31-12-121, as amended, authorizes the City and Petitioner(s) to enter
into a Pre -Annexation Agreement; and
WHEREAS, the City and Petitioner(s) desire to enter into this Agreement to set forth their
agreements in writing concerning the terms and conditions of annexation of the Property to the City
and the provision of water service to the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the City and Petitioner(s) agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the City. Except as expressly provided for herein to the contrary,
all conditions herein are in addition to any and all requirements concerning annexation contained in
the Municipal Code of the City of Glenwood Springs (hereinafter "City Code") or the Municipal
Annexation Act of 1965, as amended, C.R.S. § 31-12-101, et seq. This Agreement is intended to
provide a contractual relationship between the City and Petitioner(s) to ensure compliance with the
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City Code, state statutes, and all terms and conditions set forth herein. This Agreement includes
additional terms and conditions for the purposes of the Municipal Annexation Act.
2. Effective Date. This Agreement shall be effective upon the date of execution by the
City of Glenwood Springs.
3. Annexation. The annexation of the Property shall be in accordance with the
Colorado Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., as amended.
4. De -Annexation from Special Districts Including Fire Service. Petitioner(s) shall
petition for exclusion from any taxing districts, including the Glenwood Springs Rural Fire Protection
District, which provide services to the Property that the City is capable of providing, at such time
as the Property is annexed into the City. All costs of de -annexation shall be bome by Petitioner(s).
5. Fees. Petitioner(s) agree to pay the following fees related to the future development
of the Property:
a. Water System Improvement Fees. Petitioner(s) agree to pay water system
improvement fees in the amount of $3,693.64 per EQR, subject to an annual increase
not to exceed five percent (5%) per year for any future development applications
filed with respect to the Property.
b. Credit for Existing Service. Petitioner(s) have previously paid for one (1) EQR
which will be deducted from the total Water System Improvement Fees provided for
in Paragraph 5.a. The parties agree that the cun-ent use of the Property as described
in the conditional use permit is included within the one (1) EQR; provided, however
that the City is authorized pursuant to the Municipal Code to review the EQR level
one year after the execution of this Agreement to determine if it conforms to the
actual water usage pursuant to Section 080.060.030 of the Municipal Code as
amended
d. Miscellaneous. Petitioner(s) agree to pay all actual costs incurred for notice
publication, recording fees, and similar reasonable administrative charges related to
the annexation or this Agreement.
6. Easements. Petitioner(s) shall obtain, at their own cost, all easements necessary for
water facilities which serve Petitioner(s) property. Petitioner(s) shall submit engineering drawings
of the proposed easement widths and depths of burial for review and approval by the City Engineer,
which approval shall be based upon generally -accepted engineering standards and practices and shall
not be unreasonably withheld. The easements shall be dedicated to the City when the City accepts
ownership of any portion of the water facilities.
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Ownership and Maintenance.
a. internal Service Lines and Facilities. Petitioner(s) or their successors shall own and
maintain all water facilities within the boundaries of the Property in perpetuity.
b. Main Line Extension. Petitioner(s) or their successors shall own and maintain any
necessary water main line extensions and related easements until the conveyance
described in this Subparagraph. Petitioner(s) shall convey the easements by quit
claim deed and shall execute a bill of sale for the personal property comprising the
water main line extension at such time as the City agrees to assume ownership and
control.
8. Plans and Specifications. The plans and specifications for the installation,
maintenance, and operation of the water facilities shall be in conformance with the City's guidelines
and shall be subject to the prior approval of the City staff, such approval not to be unreasonably
withheld. A licensed, professional engineer selected by Petitioner(s) shall provide certification that
all water facilities and improvements are installed in accordance with the approved plans and
specifications. Pe titioner(s) shall provide the City with Mylar and AutoCad drawing files of the "as
builts" of all water facilities constructed pursuant to this Agreement.
9. Service Fees/Irrigation. The City shall be entitled to charge reasonable monthly
service fees for water service within the Property. Petitioner(s) agree not to use City water to irrigate
the Property, but to use and rely exclusively on the water rights owned by Petitioner for this purpose.
10. tin'forseen Costs. Petitioner(s) agree to indemnify, defend and hold the City harmless
against any costs or liabilities arising out of and directly connected with this Agreement; provided,
however, that in the event of litigation the City agrees to cooperate with Petitioner(s) in the defense
of any claim and not to refuse reasonable settlement opportunities; further provided that Petitioner(s)
shall have the right to retain counsel of their choosing to comply with this Paragraph, or the City may
utilize its own counsel at its own expense.
11. City Staff. Petitioner(s) agree pay a one time non-refundable fee of $ elrn to
reimburse the City for all of its reasonable expenses for paid staff and consultants relating to the
negotiation, drafting, and execution of this Agreement and relating to construction of the water
facilities to be paid within sixty (60) days of execution of this Agreement.
12. Provisions Exclusive. The City and Petitioner(s) agree and acknowledge that this
Agreement contains all requirements of the Petitioner(s) concerning the provision of water service
to the Property. No additional substantive requirements shall be imposed upon Petitioner(s) with
regard to the matters addressed herein.
13. Annexation. At such time as the Property has sufficient contiguity with the
boundaries of the City of Glenwood Springs Petitioner(s) agree to file a Petition for Annexation
within sixty (60) days of the date said contiguity occurs. In the event that Petitioner(s) fail to timely
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file a Petition for Annexation pursuant to this paragraph the City shall have the right, subject to the
Municipal Annexation Act of 1965 as amended, to annex the property at such time as the City
deems appropriate. By entering into this Agreement the Petitioner(s) specifically waive their right
to contest such annexation if it is commenced pursuant to the provisions of this paragraph 14.
14. De -annexation. The parties agree and stipulate that the express provisions of this
Agreement are a material consideration of the agreement of Petitioner(s) to annex the Property to
the City. Therefore, in the event the City fails to perform under this terms of this Agreement as
stated, the parties stipulate and agree that, pursuant to C.R.S. § 31-12-501, it shall be in the best
interest of the City that the Property be disconnected from the City. In such event, the City agrees
to enact an ordinance effecting such disconnection and will speedily act upon any application for
disconnection submitted by Petitioner(s). The City further agrees and acknowledges that such
disconnection is authorized by the Charter of the City of Glenwood Springs and the applicable
ordinances enacted by the City and that it shall take no action amending either its Charter or
ordinances that would preclude such disconnection.
15. Election. Petitioner(s) agree that they are voluntarily entering into this Agreement.
Petitioner(s) represent and submit that, to the extent an election would be required pursuant to
C.R.S. § 31-12-112, as amended, to approve the annexation or to impose terms and conditions upon
the Property to be annexed, Owners own 100 percent of the Property to be annexed and would vote
to approve the annexation and all terms and conditions as set forth herein. Thus, any election would
necessarily result in a majority of the electors' approval to the annexation and the terms and
conditions herein.
16. Assignment. The parties agree and acknowledge that the rights and obligations of the
Petitioner(s) under this Agreement may be assigned by the Petitioner(s) to persons or entities
acquiring title to the Property without the prior consent of the City; provided, however, such
assignee agrees in writing to be bound by the terms and conditions of this Agreement, and the
Petitioner(s) shall give notice to the City of any such conveyance, together with the assignee's
written agreement to be bound by the terms and conditions of this Agreement.
17. Final Agreement. This Agreement supersedes all prior written and oral agreements
and representations of the parties and is the total integrated agreement between the City and the
Petitioner(s).
18. Modifications. This Agreement shall not be amended except by subsequent written
agreement between the City and the Petitioner(s).
19. No Representations. It is expressly understood that the City cannot legally be bound
by the representations of any of its officers or agents or their designees except in accordance with
the City Code and the laws of the State of Colorado. Petitioner(s), when dealing with the City, act
at their own risk as to any representation or undertaking by the City officers agents or their designees
that is subsequently held unlawful by a court of law with competent jurisdiction.
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20. Captions. The captions and paragraph headings in this Agreement are inserted only
for convenience and in no way define, limit, or prescribe the scope or intent of this Agreement or
any part thereof.
21. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
22. Severability. If any provision(s) of this Agreement shall be determined to be void or
invalid by a court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of which other provisions shall remain in full force and effect. It is the intention
of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of
which would render the provision void, and the other of which would render the provision valid, then
the provision shall have the meaning that renders it valid.
23. Governing Law. This Agreement shall be construed, interpreted, and enforced in
accordance with the laws of the State of Colorado. Should any party institute suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall
be in Garfield County, Colorado.
24. Attorneys' Fees; Survival. Should this Agreement become the subject of litigation
between the City and Petitioner(s) (or any of them), the prevailing party shall be entitled to recovery
of all actual costs in connection therewith, including but not limited to attorneys' fees and expert
witness fees. All rights concerning remedies and/or attorneys' fees shall survive any termination of
this Agreement.
25. Authority. Each person signing this Agreement represents and warrants that he or
she is fully authorized to enter into and execute this Agreement and to bind the party on whose
behalf he or she purports to sign to the terms and conditions hereof.
26. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument. This Agreement may be executed by facsimile signature; provided that the original
signature page shall be transmitted to the other party by regular mail within ten (10) days of such
facsimile signature.
27. Notice. All notices required under this Agreement shall be in writing and shall be sent
by hand -delivery, facsimile transmission, or registered or certified mail, return receipt requested,
postage pre -paid, to the addresses of the parties set forth herein. All notices by hand delivery or
facsimile shall be effective upon actual receipt. All notices by mail shall be considered effective
seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth
below. Either party by notice so given may change to address to which future notices may be sent.
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Notice to the City:
With copy to:
Notice to Petitioner(s):
With copy to:
City of Glenwood Springs
806 Cooper Avenue
Glenwood Springs, CO 81601
Fax (970) 945-2597
City Manager
City Attorney
806 Cooper Avenue
Glenwood Springs, CO 81601
Fax (970) 945-2597
International Church of the Foursquare Gospel
Sonlight Foursquare Church
C/o Pastor Bernie Masimer
P.O. Box 217
Glenwood Springs, CO 81602
Carolyn M. Strautman, Esq.
Schenk, Kerst & deWinter, LLP
302 8`h Street, Suite 310
Glenwood Springs, CO 81601
28. Gender. Whenever the context shall require, the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders.
WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on
the day and year first written above.
By:
ATTEST:
i
City Clerk
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CITY OF GLENWOOD SPRINGS
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Petitioner Paul C. Risser, President
Petitioner A hur J. Gp, II )Secre
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
Acknowledged, subscribed and sworn to before me this 6th day of June , 200 2 ,
by Paul C Risser
WITNESS my hand and official seal.My Commission expires: Tune 27, 2003 .
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
Notary Public(SEAL)
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tp Lrn Mge,les County
My Comm E„FLr Jun 27,2033'
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Acknowledged, subscribed and sworn to before me this 6th day of June 200 2 ,
by Arthur J. Gray, II
WITNESS my hand and official seal.My Commission expires: June 27, 2003
SUNiglu Pr ijwex;ulon Agiermcia
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Notary Public(SEAL)
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Los Angeles County.
My Comm. Expires Jun 27, 2C,W
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CORPORATE RESOLUTION
RESOLVED: By the Executive Staff Committee of the Board of Directors of International Church of
the Foursquare Gospel, a religious corporation, the recommendation of the Midwest District Supervisor
having been secured in accordance with corporation Bylaws, that approval be granted to execute to the
City of Glenwood a Pre -Annexation Agreement to Provide Water Service for the GLENWOOD
SPRINGS SONLIGHT, COLORADO #30733 Foursquare Church.
FURTHER RESOLVED: That the President, Paul C. Risser and the Secretary, Arthur J. Gray, II be,
and they are hereby, authorized to sign on behalf of and in the name of said corporation and under its
corporate seal, all instruments necessary to provide for aforesaid agreement.
END OF RESOLUTION
1, ARTHUR J. GRA) 11 Secretary of INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, a
religious corporation of California, tlo certify that the above is a true and correct copy ofa resolution duly adopted by the Executive Staff
Committee of die Board of Directors of aforesaid corporation at a meeting held on the 23rd day of May, 2002; that the resolution was
unanimously adopted; that the resolution has not been rescinded, but is in full force and effect.
State of California )
County of Los Angeles)
On May 2 s 2002 _, before me,
Arthur J. Gray, II
Name of Person signing
*Dated at Los Angeles, ,4ifornjtfjfiis `�t ay of hrav, 2002-
X
It. A. Sutton
K. A. SUTTON
12:216i Li:
Name of Notary
personalty appeared
personally known to me proved to me the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
ignature o Notary
*Please mail all documents for signature first to the district supervisor and not to the President or Secretary.
September 10, 2002
ONLIGHT FOURSQUARE GODr'EL CHURCH
PO Box 217
Glenwood Springs, Colorado 81602
970-945-9657
sonlight@sopris.net
RECEIVED
SEP 10 2002
GARFIELD COUNTY
BUILDING & PLANNING
Garfield County Building and Planning Department
109 8`h Street Suite 303
Glenwood Springs, Colorado 81601
ATTN: Mr. Fred Jarman, Senior Planner
RE: Conditional Use Permit
Sonlight Foursquare Church/Intl. Church of the Foursquare Gospel
Dear Fred:
Enclosed please find the revised engineers drawings you requested. The drawings for the
parking spaces have been adjusted. Please review the drawings and let me know if they
are satisfactory.
I also asked High Country Engineering to engineer a new water line into our property.
The reason for this is because we removed surface soil that may have made the present
water line subject to freezing. The new line was engineered with all city and county
codes and requirements taken into consideration. If we do not put this engineered water
line in this fall, we will dig up the present line and place it deeper into the ground with
appropriate fill.
If you have questions please call or write. Thank you for your assistance.
Sincerely,
Bernard R. Masimer, Pastor
Sonlight Foursquare Church
Enclosures
BRM/cap
August 1, 2002
Bernard Masimer
Sonlight Foursquare Gospel Church
P.O. Box 217
Glenwood Springs CO, 81601
RE: Conditional Use Permit
Dear Mr. Masimer,
BUILDING & PLANNING DEPARTMENT
Thank you for the information you provided this Department regarding the fulfillment of
conditions No. 3 and 4 of your Conditional Use Permit. I have discussed the submitted
materials with our Staff and the County Attorney's Office and have the following
comments:
1) The Pre -annexation Agreement you submitted will satisfy condition No. 3 of the
Conditional Use Permit;
2) The Site Plan you submitted does not satisfy condition No. 4 of the Conditional
Use Permit. Specifically, the 6 (six) parking spaces you are to provide are
required to be 200 sq. ft. in size. Your plan shows 9 parking spaces that are 18' x
8.5' which each which equates to only 153 sq. ft. in size.
In summary, you will need to adjust the size of the required parking spaces and resubmit
a site plan that shows these corrected spaces that comply with the Garfield County off-
street parking requirements. For your reference, please refer to Section 2.02.40 and
5.01.02 of the Zoning resolution of 1978, as amended for the sp0ecific requirement
language. All other conditions either have already been addressed or will become issues
at a later date.
Please do not hesitate to call if you have any questions or concerns.
Sincerely,
Fred Jarman,
Senior Planner
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
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