HomeMy WebLinkAboutbocc.con.118.2011 « / 6 - u RECEPTION #: 580244, 06/01 /2011 at
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1 OF 4, R $0.00 Doc Code AGREEMENT
Janice K. Vos Caudill, Pitkin County, CO
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement ") is entered into by the Board of County
Commissioners of Pitkin County, Colorado (the "County "), and 1999 RS International Trust (the
"Trust "), to be effective as of January 27, 2010.
RECITALS
A. The Trust owns that certain real property in Pitkin County, Colorado, more
particularly described on Exhibit A of this Agreement (the "Trust Property ").
B. The Trust applied to the County for the reinstatement and extension of certain
vested property rights applicable to the Trust Property, which vested property rights are more
particularly described as the "Original Vested Rights" and the "Additional Vested Rights" in that
certain Resolution No. 011 -2010 appioved by the County effective as of January 27, 2010 and
recorded in the real property records of the County on June 28, 2010 at Reception No. 571096, as
amended by Administrative Decision No. 036 -2010 recorded in the real property records of the
County on July 1, 2010 at Reception No. 571755 (the "Approval Resolution ").
C. C.R.S. §§ 24 -68 -101 through 106 (the "Vested Rights Statute ") and Section
2 -20 -170 of the Pitkin County Land Use Code provide for the establishment of vested property
rights in order to advance the purposes stated therein and authorize the County to enter into
development agreements with landowners providing for vesting of property development rights
for periods of greater than three (3) years. -
D. Pursuant to the Approval Resolution, the County agreed to reinstate the Original
Vested Rights and to extend the Original Vested Rights and the Additional Vested Rights such
that both of such vested property rights will expire on January 27, 2015, subject to, among other
things, the Trust entering into this Agreement with the County.
E. Development of the Trust Property in accordance with the terms and conditions of
the Approval Resolution and the other approvals described in Recital 4 of the Approval
Resolution (together, the "Approvals ") will help to achieve important public policy and
economic development goals of the County. It is anticipated to provide for orderly and well
planned growth, promote economic development and stability within the County, ensure
reasonable certainty, stability and fairness in the land use planning process, secure the reasonable
investment- backed expectations of Trust, and foster cooperation between the public and private
sectors.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the County and Trust agree as follows:
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1. VESTED RIGHTS EXTENSION. This Agreement and the Approval Resolution
constitute an approved "site- specific development plan" as defined in the Vested Rights Statute,
and shall establish and extend vested property rights pursuant to the Vested Rights Statute to
develop the Trust Property in the manner contemplated by the Approvals for a period ending on
January 27, 2015. Except as permitted under the Vested Rights Statute (including, without
limitation, Section 24 -68 -105), no zoning or land use action by the County or pursuant to an
initiated measure that would alter, impair, prevent, diminish, imposing a moratorium on
development, or otherwise delay the development or use of the Trust Property as permitted
pursuant to the Approval Resolution shall apply to or be effective against the Trust Property or
the development thereof.
2. MISCELLANEOUS.
2.1. Amendment of Agreement. This Agreement may be amended or
terminated only by mutual consent of the County and Trust in writing following the
public notice and public hearing procedures required for approval of this Agreement.
2.2. Binding Effect. This Agreement shall inure to the benefit of, and be
binding upon, each of the parties and their respective legal representatives, successors
and assigns.
2.3. Recording. This Agreement shall be recorded in the real property records
maintained by the Clerk and Recorder of Pitkin County, Colorado.
2.4. Counterparts. This Agreement may be executed in multiple counterparts,
'signature page to follow]
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EXECUTED as of the date listed in the preamble of this Agreement.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By: -
Chaff an, Board of County ommissioners
1:' c-('' ct
A T:ST:
4,41i P
f ij AM' Y , County Clerk
APPROVED:
ACV\ C exti V4. 6 c -�
Community Development Director Count
1999 RS INTERNATIONAL TRUST
By: ____
y
Cha Steelberg, rustee
STATE OF CALIFORNIA )
) ss:
COUNTY OF 0(Olyta Q. )
The foregoing instrument was acknowledged before me this Al day of
Ft\pY(VAI , 2010, by Chad Steelberg as Trustee of 1999 RS International Trust.
Witness my hand and official seal. C
My commission expires: ° t f ?Sl7 � �Ul4
mac- J LAUREN JKINS
U t.� COM M. # 1906 .
`` `ty NO ORANGE COUNTY 0 �
� ' CO MM. EXPIRES SEPT. 30, 201 W
Notar Public
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EXHIBIT A
to
DEVELOPMENT AGREEMENT
Legal Description
Lot 1,
LIND - KOPPEL SUBDIVISION,
according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception
No. 321683, and First Amended Plat of the Lind - Koppel Subdivision recorded October 19, 2005
in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of
Lind - Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception
No. 556326.
COUNTY OF PITKIN
STATE OF COLORADO
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