On the agenda: Greeley City Council Special Meeting — data center (Sep 8)

Greeley City Council Agenda
Special Meeting
Tuesday, September 8, 2026 at 6:00 PM
City Council Chambers at City Center South
1001 11th Avenue Greeley, CO 80631

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Mayor
Dale Hall
Mayor Pro Tem
Melissa McDonald
Councilmembers
Craig Huddleston - Ward I
Deb DeBoutez - Ward II
Johnny Olson - Ward III
Brian Rudy - Ward IV
Ryan Roth - At-Large

City Council
Special Meeting Agenda
Tuesday, September 8, 2026 at 6:00 PM
City Council Chambers at City Center South
1001 11th Avenue, Greeley, CO 80631

1.

Call to Order

2.

Pledge of Allegiance

3.

Roll Call

4.

Resolution approving a Pre-Annexation Agreement between the City of Greeley and GlobalAI (Colorado)
LLC

5.

Motion authorizing the City Attorney to prepare any required resolutions, agreements, and ordinances to
reflect action taken by the City Council at this meeting and any previous meetings, and authorizing the
Mayor and City Clerk to sign all such resolutions, agreements, and ordinances

6.

Adjournment

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Council Agenda Summary
September 8, 2026
Key Staff Contact: John Hall, Strategic Advisor
Title:
Resolution approving a Pre-Annexation Agreement between the City of Greeley and GlobalAI
(Colorado) LLC
Summary:
Global AI (Colorado) LLC recently purchased approximately 438.58 acres of unincorporated property in
Weld County generally east of State Highway 257, south of Eastman Park Drive, and west of Great
Western Drive. The property, historically associated with the Carestream/Kodak industrial campus, has
received treated water from the City of Greeley under special contractual arrangements dating to the
1970s. The current arrangement, reflected in the Second Amendment to Water Agreement with
Carestream Health, Inc., expires March 31, 2027.
Global AI is evaluating redevelopment of the property as a data center campus utilizing existing
buildings on the property with associated on-site energy generation and battery-energy-storage facilities.
The property remains outside the City limits. Rather than treat the requested continuation of water
service as a stand-alone long-term extraterritorial service commitment, staff has negotiated a PreAnnexation Agreement that establishes a binding framework for potential annexation and provides a
defined transition from the historic outside-city water arrangement to permanent City utility service if
annexation is completed.
The Agreement requires Global AI, on the condition that the City is able to annex the property, to
petition for and complete annexation no later than March 31, 2028. This creates an approximately 18month period for the parties to complete the annexation process and negotiate a definitive Annexation
Agreement. Separately, and subject to approval by the Water and Sewer Board, the City would continue
similar treated-water service after the existing agreement expires on March 31, 2027 through the earlier
of annexation or March 31, 2028. The one-year water-service bridge is therefore directly tied to, and
conditioned by, the annexation framework.
Background and Existing Water Service
The Global AI property is currently located in unincorporated Weld County. It is within the City's
adopted Three-Mile Plan and within or adjacent to the City's Long-Range Expected Growth Area. The
property is currently eligible for annexation.
Greeley has provided extraterritorial treated water service to the campus by special agreement since the
1970s. The present contractual arrangement is the February 29, 2024 Second Amendment to Water
Agreement between Carestream Health, Inc. and the City. That amendment provides limited-term
treated water service and expires March 31, 2027. The Pre-Annexation Agreement does not itself amend
or extend that existing agreement. Instead, it contemplates a separate Interim Extraterritorial Water

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Service Agreement, subject to Water and Sewer Board approval, to bridge service from April 1, 2027
until annexation or March 31, 2028, whichever occurs first.
Purpose of the Pre-Annexation Agreement
The Agreement is intended to establish terms and conditions for extension of municipal services and
annexation so that the property may develop in an orderly manner. It is not the final Annexation
Agreement and does not constitute final zoning or development approval. Instead, it establishes
enforceable interim obligations and a framework for continued negotiation toward a definitive
Annexation Agreement.
The principal objectives are to:
• Establish March 31, 2028 as the deadline for completion of annexation, provided the City is able
to annex the property.
• Condition any continued and permanent City water service beyond the interim period on
completion of annexation.
• Establish reciprocal expectations for expedited review of annexation materials while preserving
required City review and approval processes.
• Establish the obligations to make an initial water rights dedication and construct on-site water
service infrastructure, and set the framework for future water and sewer service after annexation.
• Preserve the City's normal regulatory, rate-setting, fee and development authority.
• Provide a framework for negotiating the final Annexation Agreement and related land-use and
infrastructure matters.
Key Terms of the Agreement
Annexation Commitment — Global AI must petition for and complete annexation by March 31, 2028,
conditioned upon the City's ability to annex the property. After an annexation petition is submitted, the
City agrees to perform reviews and provide comments on an expedited basis. Global AI must similarly
address comments promptly and resubmit annexation materials no later than one month after receiving
City comments.
Interim Water Service - The existing Carestream 2nd Amendment water service agreement expires
March 31, 2027. Subject to Water and Sewer Board approval, similar treated water service may continue
through annexation or March 31, 2028, whichever comes first. The separate interim agreement is
intended to provide only temporary bridge water service while annexation is pursued. If annexation is
not completed by the Annexation Deadline, the interim agreement may be terminated and City will have
no continuing obligation to provide water service.
Water Rights and Fees - Within 30 days after mutual execution, Global AI is required to irrevocably
dedicate ten shares of Whitney Irrigation Company stock and its interest in, or contractual rights to, the
Davis & Law Seepage Ditch at no cost to the City. Following annexation, Global AI remains responsible
for all applicable plant investment fees/connection charges and for satisfying the City's raw water
requirements through acceptable water-right dedication, cash-in-lieu where permitted, or water
purchased through the City's Primary Employer Water Bank.
Permanent Water Service and Infrastructure - Upon annexation, potable water service would be

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provided at approved in-city rates for the applicable customer class, subject to the City's cost-of-service
model and annual rate-setting authority. Global AI must, at its sole cost, disconnect the existing treated
water connections from the Kodak Alaris distribution system and extend appropriately sized potable and
non-potable infrastructure, including new meters and vaults, to connect directly to the City's system.
Wastewater - The Agreement recognizes that Global AI operates an existing on-site industrial WWTP
and has existing alternate domestic wastewater arrangements. Accordingly, Global AI does not have a
current need for wastewater service from the City. After annexation, and within 24 months after a
request for wastewater service is approved by the City, the City's Sewer Enterprise commits to extend a
sewer trunk main to the Howard Smith Avenue/Poudre Trail Drive area with capacity for reasonable
development. Global AI is responsible for extending facilities from the City's system to the property and
for applicable fees and costs.
Zoning and Development - Appropriate City zoning would be sought following annexation and may
include Industrial High Intensity zoning or a Planned Unit Development. The Pre-Annexation
Agreement does not guarantee by-right development approval; applicable zoning, subdivision, specialreview and other regulatory processes remain to be completed.
General Improvement District - The Agreement acknowledges that the property is within a general
improvement district inclusion area intended to finance public improvements in west Greeley. Financial
terms related to GID participation are not established by this Agreement and remain subject to separate
negotiation and approvals.
Definitive Annexation Agreement - The Agreement expressly characterizes itself as the parties'
preliminary understanding and framework for continued negotiation. The parties agree to negotiate in
good faith toward a definitive Annexation Agreement setting forth the final terms of annexation. That
later agreement is intended to supersede the Pre-Annexation Agreement.
City Protections
The Agreement contains several provisions intended to protect the City's regulatory, financial and
operational interests. Future development after annexation remains subject to City Code and
development standards except where expressly modified by agreement. The City retains authority to
adopt generally applicable future ordinances, rules, regulations, criteria, policies and codes. Global AI
bears the cost of extending infrastructure needed to serve the property, remains responsible for rawwater requirements and applicable utility charges, and receives no commitment to continued City water
service if annexation is not completed by the March 31, 2028 deadline.The Agreement will be recorded
in Weld County and constitutes a covenant running with the land, binding successors and assigns until
termination. It is subject to the specific-performance provisions if the property has not been annexed by
the deadline, and it automatically terminates upon the effective date of annexation.
Policy Considerations
The proposed structure recognizes the unusual history of a large unincorporated industrial property that
has received Greeley water under special agreement for approximately five decades, while avoiding
creation of an indefinite new outside-city service commitment. The March 2027-to-March 2028 bridge
preserves continuity of service during a defined annexation period, while the Pre-Annexation Agreement
establishes annexation as the path to permanent City water service.Council approval does not constitute
approval of the ultimate Global AI development program, final zoning, economic-development

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incentives, GID financial terms, or a final Annexation Agreement. Those matters will require additional
negotiation and, where applicable, separate Council or board action.
Fiscal Impact:
The Pre-Annexation Agreement does not establish a City economic-development incentive or commit
the City to a fixed project-specific water rate. Global AI is responsible for applicable utility fees, rawwater obligations and the cost of infrastructure required to connect the property to City systems.
Additional fiscal impacts associated with annexation, infrastructure, GID participation or economicdevelopment terms will be evaluated as those matters are negotiated and brought forward for separate
consideration.
Legal Issues:
None
Other issues and Considerations:
The Agreement is entered into pursuant to C.R.S. § 31-12-121 and is expressly conditioned upon
approval by resolution of the Greeley City Council. The Agreement provides for recording against the
property, specific performance as provided by statute, and automatic termination upon annexation.
Strategic Focus Area:
Business Growth
Community Vitality
Infrastructure and Mobility
Decision Options:
1. Adopt the resolution as presented; or
2. Amend the resolution and adopt as amended; or
3. Deny the resolution; or
4. Continue consideration of the resolution to a date certain.
Council’s Recommended Action:
Adopt the resolution.
Attachments:
1.
Resolution No. 124, 2026 with Exhibit A
2.
Item - Presentation

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CITY OF GREELEY, COLORADO
RESOLUTION NO. 124, 2026
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN
THE CITY OF GREELEY AND GLOBALAI (COLORADO) LLC
WHEREAS, the City of Greeley ("City") is a home rule municipality and political
subdivision of the State of Colorado organized and existing under its home rule charter
pursuant to Article XX of the Constitution of the State; and
WHEREAS, GlobalAI (Colorado) LLC is a Delaware limited liability company (the
"Global AI”) whose address is 1201 North Market Street, Suite 11, Wilmington, DE 19801;
and
WHEREAS, GlobalAI owns approximately 438.58 acres of certain real property located in
unincorporated County of Weld, State of Colorado, generally located east of State Highway
257, south of Eastman Park Drive, and west of Great Western Drive, and more particularly
described in Pre-Annexation Agreement (the "Property"); and
WHEREAS, the Property is located within the City’s adopted Three-Mile Plan authorized
by Section 31-12-105(1)(e), of the Colorado Revised Statutes and within or adjacent to the City
of Greeley Long-Range Expected Growth Area as described in the Imagine Greeley 2018
Comprehensive Plan, and within a sanitary sewer basin where the City anticipates providing
sewer service; and
WHEREAS, the Property is currently eligible for annexation into the City; and
WHEREAS, Global AI desires to obtain City services including access to the City’s water
utility services on the Property at such time as the City is able to annex the Property and capable
of providing such services to the Property; and
WHEREAS, the City desires to provide Global AI with City services including temporary
water utility service to the Property during the pre-annexation period and water utility service
to the Property upon annexation of the Property into the City; and
WHEREAS, the City and Global AI acknowledge that annexation into the City offers
Global AI access to beneficial City development ordinances and policies affecting the Property,
including the ability to purchase raw water from the City’s Primary Employer Water Bank at
the time of building permit for the initial and subsequent phases of the proposed project, and
access to competitively priced non-potable irrigation water for outdoor irrigation; and
WHEREAS, the City Manager and Global AI entered into that into that Certain PreAnnexation Agreement dated August 26, 2026 (the “Pre-Annexation Agreement”) between the
City and Global AI attached hereto as Exhibit A and incorporated by reference herein pursuant
to Section 31-12-121 of the Colorado Revised Statutes to set forth terms and conditions of the
extension of municipal services to the Property and annexation of the Property by the City to
ensure the Property’s orderly development; and

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WHEREAS, the Pre-Annexation Agreement is conditioned upon approval by City Council
pursuant to an adopted resolution; and
WHEREAS, the City Council hereby finds that the Pre-Annexation Agreement is in the best
interest of the City and its residents.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY,
COLORADO:
Section 1.
That the City Council hereby approves the Pre-Annexation Agreement
attached hereto and incorporated by reference herein as Exhibit A.
That the City Council hereby delegates authority to City staff and legal counsel to
Section 2.
make changes and modifications to the Pre-Annexation Agreement provided the material substance
remains unchanged.
That this Resolution shall become effective immediately upon its passage,
Section 3.
as provided by the Greeley City Charter.
INTRODUCED, PASSED AND ADOPTED ON THIS___ DAY OF

2026.

ATTEST

THE CITY OF GREELEY, CO

By:________________________________
City Clerk

By:________________________________
Mayor

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PRE-ANNEXATION AGREEMENT

This PRE-ANNEXATION AGREEMENT (the "Agreement") dated this 26th, day of August 2026
is entered into by and between THE CITY OF GREELEY, a Colorado home rule municipal
corporation (the “City”), whose address is 1200 11 th Avenue, Greeley, Colorado 80631 and
GLOBALAI (COLORADO) LLC, a Delaware limited liability company (the "Property Owner")
whose address is 1201 North Market Street, Suite 11, Wilmington, DE 19801. The City and the
Property Owner shall be collectively referred to as the “Parties” and singularly as a “Party.”
WHEREAS, The Property Owner owns approximately 438.58 acres of certain real property
located in unincorporated County of Weld, State of Colorado, generally located east of State
Highway 257, south of Eastman Park Drive, and west of Great Western Drive, and more
particularly described in the depiction and legal description attached as Exhibit “A” and
incorporated by reference herein (the "Property"); and
WHEREAS, the Property is located within the City’s adopted Three-Mile Plan authorized
by Section 31-12-105(1)(e), of the Colorado Revised Statutes and within or adjacent to the City of
Greeley Long-Range Expected Growth Area as described in the Imagine Greeley 2018
Comprehensive Plan, and within a sanitary sewer basin where the City anticipates providing sewer
service; and
WHEREAS, the Property is currently eligible for annexation into the City; and
WHEREAS, the Property Owner desires to obtain City services including access to the
City’s water utility services on the Property at such time as the City is able to annex the Property
and capable of providing such services to the Property; and
WHEREAS, the City desires to provide the Property Owner with City services including
water utility service to the Property upon annexation of the Property into the City; and
WHEREAS, the City and Property Owner acknowledge that annexation into the City offers
the Property Owner access to beneficial City development ordinances and policies affecting the
Property, including the ability to purchase raw water from the City’s Primary Employer Water
Bank at the time of building permit for the initial and subsequent phases of the proposed project,
and access to competitively priced non-potable irrigation water for outdoor irrigation; and
WHEREAS, the City and the Property Owner desire to enter into this Agreement pursuant
to Section 31-12-121 of the Colorado Revised Statutes to set forth terms and conditions of the
extension of municipal services to the Property and annexation of the Property by the City to ensure
the Property’s orderly development.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the City and
the Property Owner agree as follows.
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ANNEXATION
1. Recitals Incorporated. The foregoing recitals are incorporated herein as the City Council’s
conclusions, facts, determinations, and findings.
2. Services to be Provided. Upon annexation of the Property into the City, the City agrees to
provide Property Owner with municipal water and sewer utility services to the Property
line as specified herein with such services subject to the Greeley Municipal Code (“City
Code”), and City policies, charges, and fees as they are now in effect, or as they may be
hereafter amended.
3. Property Owner’s Annexation. On the condition that the City is able to annex the Property,
Property Owner shall petition for and complete annexation of the Property into the City by
no later than March 31, 2028 (the “Annexation Deadline”). The Property Owner agrees to
extend and connect to City water utility infrastructure with an appropriately sized tap and
service line, new water meter vault, and meter per the City’s design criteria standards and
specifications, no later than March 31, 2028, or the date of annexation, whichever occurs
first.
4. Review and Submissions. Following the Property Owner’s petition for annexation of the
Property, the City agrees to perform all reviews and provide comments in an expedited
manner consistent with development review timelines in the General Improvement
District. Foreach review submission, Property Owner agrees to address the City’s
comments in an expedited manner and resubmit all annexation submittal documents to the
City for review no later than one (1) month following receipt of the City's comments.
ZONING AND DEVELOPMENT
5. PUD or Similar Zoning. The Property Owner represents that the Property is intended for
a Data Center to house computer systems, servicers and related hardware to store, process
and share digital information as well as for an Energy Island (defined below) to provide
utility services, and Battery Energy Storage System(s) to support the data center. To
accommodate these uses, the Property Owner will seek appropriate zoning of the Property
from the City upon annexation, which may include Industrial High Intensity (IH) zoning
or Planned Unit Development (PUD). Unless otherwise determined, each phase of the
project would be subject to Use by Special Review (USR). Public or Private Energy
Generation facilities (“Energy Island”) located on site may be subject to a separate review
procedure, up to and including a 1041 permit process.
WATER AND SANITARY SEWER UTILITY SERVICE
6. Existing Water Service Agreement. The City currently provides limited term treated water
service to the Property pursuant to that certain Second Amendment to Water Agreement
between Carestream Health, Inc. and the City of Greeley, dated February 29, 2024
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(“Second Amendment”), which expires on the March 31, 2027. While nothing in this
Agreement is intended or shall be construed to extend or otherwise modify the Second
Amendment, the City shall continue to provide similar treated water services through and
including March 31, 2028, subject to the City of Greeley’s Water and Sewer Board
approval.
7. Water Rights or Cash-in-lieu for the Property. Within 30 days of the mutual execution of
this Agreement, Property Owner shall transfer and irrevocably dedicate to the City 10
shares of Whitney Irrigation Co. and all interest in the Davis & Law Seepage Ditch or the
contractual rights to the same. at no cost to the City. The dedication of such shares may be
applied toward the Property Owner’s outdoor irrigation dedication requirement for Parcel
No. 080727100009, and in support of stormwater conveyance obligations. Thereafter,
following annexation of the Property by the City and as a condition of development of the
Property, the Property Owner shall comply with all remaining City requirements related to
the provision of water service to the Property. These requirements include but are not
limited to the payment of plant investment fees (a.k.a. connection charges) and transfer of
sufficient raw water rights, payment of cash-in-lieu of raw water rights, or dedication of
water purchased from the City’s Primary Employer Water Bank, in an amount sufficient
for the indoor domestic and industrial water uses and outdoor irrigation uses at the Property,
due in accordance with permitting for each phase, in accordance with the City Code.
a. Any transfer of raw water rights from the Property Owner to the City following
annexation to meet the raw water requirement shall also be at no cost to the City
and must be approved in writing pursuant to City Code. A decision by the City to
accept a transfer of water rights shall be at the sole discretion of the City.
b. Such water rights shall meet legal criteria under Colorado law necessary to convert
the water to municipal use in amounts sufficient to meet the projected water
demands of the development(s) located on the Property, including, but not limited
to, sustained historical consumptive water use, and shall otherwise satisfy the
requirements of the City Code.
c. Raw water supply for the Property may be purchased from the City at the time of
issuance of a building permit in advance of development as an alternative to the
transfer of water shares to meet the raw water dedication requirement.
8. Potable Water Service. Upon annexation of the Property into the City, the City agrees to
provide potable water service to the Property at the rates for treated water delivered to the
Property based upon the approved in-city water service rates and non-potable irrigation
rates, based upon the cost-of-service rate model for customers in the applicable rate class.
The cost-of-service rates shall be reviewed annually and adjusted in accordance with
Section 17-4 of the Greeley City Charter. Annexation of the Property to the City is an
express condition precedent to ongoing water service from the City to the Property beyond
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the Annexation Deadline. In the event the Property Owner does not complete annexation
of the Property to the City by the Annexation Deadline as contemplated by this Agreement,
the City shall have no further obligation to provide water service to the Property.
9. Extension of Water Service.
a. The City currently maintains backbone water infrastructure to locations reasonably
proximate to the Property, more specifically through the City’s treated water
transmission systems, and the Kodak Alaris connection and treated water
distribution system.
b. Upon annexation of the Property by the City, the Property Owner shall sever all
existing treated water service connections from the Kodak Alaris distribution
system, as described in the Second Amendment, and connect to the potable water
and non-potable raw water infrastructure extended at Property Owner’s sole cost
and expense as described in paragraph 3 above. Such extension shall be completed
by the Annexation Deadline and pursuant to the requirements of City Code,
including without limitation, new meters and vaults for direct service and metering
from the City’s water distribution systems.
10. Sewer Trunk Main. The Property Owner represents that industrial sewage generated at the
Property may be treated and discharged at the Property’s industrial treatment plant, CO0032158 located on the south Property, and that domestic strength sewage generated at the
Property will be treated by the Town of Windsor pursuant to an existing agreement for the
same. After annexation of the Property to the City and within 24 months of a Property
Owner request for sewer service and approval by the City of the same, the City's Sanitary
Sewer Enterprise commits to extending a sewer trunk main to the intersection of Howard
Smith Avenue E and Poudre Trail Drive with adequate capacity for reasonable development
of the Property to allow for expedited connection to the City’s municipal sewer utilities
that will benefit the Property Owner by providing cost control for future development
utility requirements.
11. Domestic and Industrial Sewer Services. Upon Property Owner request and City approval
as described above and payment of required fees and costs for water and sewer service, the
City shall provide domestic sewer service to the Property, pursuant to City Code. Property
Owner agrees to extend sanitary sewer infrastructure at Property Owner’s sole cost and
expense pursuant to the City Code and City engineering standards and design criteria. If
the Property Owner desires to discharge any industrial sewer, it must apply for and obtain
a wastewater discharge permit from the City, which the City may grant, grant with
conditions, or deny in its discretion prior to any discharge.
12. Water and Sewer Easements. The Property Owner agrees to dedicate to the City such
easements and other real property interests across the Property as are reasonably deemed

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necessary and required by the City to allow for future expansion and development of water,
sewer and stormwater utilities to serve the Property and surrounding basin.
13. General Improvement District. The Parties acknowledge that the Property is located within
the boundaries of a general improvement district inclusion area that is intended to finance
certain public improvements benefiting properties within the west Greeley commercial and
residential general improvement districts.
COMPLIANCE WITH ORDINANCES
14. The Property Owner acknowledges that any future development of the Property, once
annexed, shall be subject to the City Code and development standards. The Property Owner
shall comply with all ordinances, codes, criteria, resolutions, or policies of the City, as such
now exist or as amended or adopted in the future, including those related to the subdivision
or zoning of land, except as expressly modified by this Agreement. This Agreement shall
not be construed as a limitation upon the authority of the City to adopt different ordinances,
rules, regulations, criteria, policies, or codes which change any of the provisions set forth
in this Agreement so long as these apply to the City generally and not to the Property
specifically.
SPECIFIC PERFORMANCE
15. Specific Performance. The Property shall be subject to the specific performance provisions
of Section § 31-12-121 of the Colorado Revised Statutes, if the Property has not been
annexed into the City by the Annexation Deadline. Anything contained in this Agreement
to the contrary notwithstanding, this section shall not be construed to limit in any manner
whatsoever any other rights and remedies an aggrieved Party may have by virtue of any
default under this Agreement.
GENERAL PROVISIONS
16. Successor and Assigns. Wherever used herein, the term "Property Owner" shall also
include any affiliates, heirs, successors, executors, personal representatives, transferees and
assigns of the Property Owner, and all such Parties shall have the right to enforce and be
enforced under the terms of this Agreement as if they were original Parties hereto. For the
purposes of this Agreement, the term affiliate means any entity or person, directly or
indirectly, that is in control of, is controlled by, or is under common control with Property
Owner.
17. Recording. This Agreement shall be recorded in the real estate records of the Clerk and
Recorder of Weld County and shall constitute a covenant running with the land and shall
be binding upon all Parties having any right, title, or interest in and to the Property, until
terminated upon annexation of the Property. If the Property is not annexed into the City
due to (a) a final judicial decision on the specific performance requirements herein or (b) a
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writing by the City releasing the Property Owner from this Agreement that is filed and
recorded with the Clerk and Recorder of Weld County, then the recording shall be void and
this Agreement shall be terminated.
18. Amendments. This Agreement may be amended by either Party with the mutual written
consent of the other Party. Such amendment shall be recorded in the real estate records of
the Clerk and Recorder of Weld County and shall be a covenant running with the land.
19. Headings. The headings set forth in this Agreement are for reference only and shall not be
constructed as an enlargement or abridgement of the language of this Agreement.
20. Notices. All notices, requests, demands or other communications called for or
contemplated under this Agreement shall be in writing and shall be deemed to have been
duly given and received either when personally delivered or, if mailed, three (3) business
days after the date of mailing, by U.S. Certified Mail, Return Receipt Requested, proper
postage fully prepaid, addressed to the Parties, their permitted successors in interest or
assignees, at the addresses listed in the first paragraph of this Agreement or at such other
addresses as any of the Parties may subsequently designate to the other Parties by written
notice in accordance with the terms and conditions of this Section.
21. Severability. If any provision of this Agreement or portion hereof shall be found by any
court having competent jurisdiction over this Agreement and the Parties hereto to be
invalid, unlawful, or unenforceable, this Agreement shall nevertheless remain effective but
shall be considered amended to the extent considered by said court to be necessary to render
said provision valid, lawful, and enforceable.
22. Termination Upon Annexation. This Agreement shall terminate automatically on the
effective date of the annexation to the City of the Property.
23. Governing Law; Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado without regard to choice of law analysis. The Parties
stipulate and agree that in the event of any dispute arising out of this Agreement, the State
of Colorado courts shall have exclusive jurisdiction over such dispute and venue shall be
proper in Weld County. The Parties hereby submit themselves to jurisdiction of the State
of Colorado District Courts located in Weld County, Colorado.
24. The Parties acknowledge and agree that this Agreement represents the preliminary
understanding of the Parties with respect to the general terms and conditions upon which
the portions of the Property will be annexed into the City after receiving the necessary land
use and zoning approvals from Weld County and does not constitute the final expression
of the terms governing such annexation. This Agreement is intended to serve as a
framework for the Parties' continued negotiation and cooperation toward the preparation
and execution of a definitive Annexation Agreement for the annexation of all the Property
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or the portions of the Property that will be annexed into the City after receiving the
necessary land use and zoning approvals from Weld County. The Parties hereby agree to
cooperate and negotiate in good faith toward the finalization of the terms governing the
annexation of the Property into the City as set forth in this Agreement and any pertinent
amendments thereto and through the execution of the final Annexation Agreement. The
Parties acknowledge that the terms set forth in this Agreement may require amendment or
supplementation as the Parties continue to negotiate the final terms of annexation. The
Parties agree that the ultimate objective of this Agreement and the parties' ongoing
negotiations is the preparation and execution of a definitive Annexation Agreement that
shall: (a) set forth the final, complete, and binding terms and conditions upon which the
Property will be annexed into the City; (b) supersede this Agreement and any amendments
thereto in their entirety upon execution; and (c) constitute the final expression of the parties'
agreement with respect to the annexation of the Property into the City.
25. City Council Approval. This Agreement is conditioned upon a resolution adopted the by
the City Council of the City approving the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals as of the day
and year first above written.

CITY:
CITY OF GREELEY

PROPERTY OWNER:

_________________________
Brian McBroom, City Manager

_________________________
 
 
 
Title:_____________________

APPROVED AS TO FORM:

_________________________
City Attorney’s Office

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Exhibit "A"



Depiction and Description of Property

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Consideration of a
Pre-annexation Agreement with Global AI
John Hall, Strategic Advisor, City Manager’s Office
September 8, 2026 - City Council Special Meeting

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• Purpose:

Purpose
and
Agenda

• To consider a resolution approving a Pre-Annexation
Agreement between the City of Greeley and Global AI
(Colorado) LLC.
• Agenda:​
• Subject Property​
• Key Terms of Pre-Annexation Agreement​
• Staff Recommendation

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• Unincorporated Weld Co.
property east of Windsor,
adjacent to GWIP annexation
• Greeley water service has been
provided by special agreement
since 1970s, however, that
agreement expires in March
2027

Subject
Property

• Proposed pre-annexation and
water services agreement
extends deadline to March 2028
• Provides a framework for
negotiation of a final annexation
agreement

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• Establishes March 31, 2028 as the deadline for completion
of annexation
• Conditions any continued and permanent City water service
beyond the interim period on completion of annexation

Key
Terms of
the PreAnnexation
Agreement

• Establishes the obligation to make an initial water-rights
dedication; and construct on-site water service
infrastructure and set the framework for future water and
sewer service after annexation
• Preserves the City’s normal regulatory, rate setting, fee and
development regulation authority
• Provides a framework for negotiating a final annexation
agreement and related land-use and infrastructure matters

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Staff Recommendation
Staff recommends adoption of the resolution approving the
Pre-Annexation Agreement between the City of Greeley and
GlobalAI (Colorado) LLC. Approval establishes the framework
for an approximately 18-month annexation process.

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Questions

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Council Agenda Summary
Title:
Motion authorizing the City Attorney to prepare any required resolutions, agreements, and
ordinances to reflect action taken by the City Council at this meeting and any previous meetings,
and authorizing the Mayor and City Clerk to sign all such resolutions, agreements, and ordinances

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Council Agenda Summary

Title
Adjournment

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