1. General Terms

The Draft Agreement includes several terms to address phasing, future potential sale of the property and other definitions and terms to ensure control and address contingencies. Key general terms include: 

• Public Access - The university will permit public access to recreational facilities, sidewalks, trails, etc.
  
  
• Annexation is contingent on flood mitigation - The city’s flood mitigation project is the primary driver of the proposed agreement. As such, the annexation will be contingent upon the city receiving the necessary approvals and land needed to implement the project. The city may initiate a “de-annexation” process if it fails to receive the required approvals and land necessary for the project within 3 – 5 years of the annexation.
  
  
• Initial Development - The university may only construct recreational facilities within the next 3 years while the city obtains permits for the flood mitigation project.
  
  
• First Right of Refusal - The city will have the right to review any offer by a third party to purchase all or portions of CU Boulder South.
  
  
• Transfer of Land - The terms of the agreement will remain in effect if the property were ever sold to a non-university entity.
  
  
• Review of Plans - The city will review and comment on the CU Boulder South Master Plan. The city will also have a 60-day window to review and comment on 90 percent conceptual design plans for the property. The city’s comments will include a “compliance review” to ensure compliance with the annexation agreement and discretionary comments intended to further the city’s goals and policies.
  
  
• Definitions - agreement includes definitions for key terms and specific uses, many such as building height and use definitions were taken directly from Boulder’s land use code.