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HomeMy WebLinkAboutbocc.con.254.2013 RECEPTION#: 604736, 10/16/2013 at 11:28:41 AM, �D�3 1 OF 4, R $26.00 Doc Code AGREEMENT CONTRACT#�,_ - Janice K.Vos Caudill, Pitkin County, CO DEVELOPMENT AGREEMENT Lot,1 North Mandalay Subdivision,Lot 1 Guber Family Trust Lot Split and Lot 2,Owl Creek Meadows Subdivision This Development Agreement (this "Agreement") is entered into by the Board of County Commissioners of the County of Pitkin, State of Colorado (the "County"), and Aspen Sunrise LLC ("Aspen Sunrise"), Sunny Ranch LLC ("Sunny Ranch") and Owl Creek Meadows LLC ("Owl Creek Meadows"), effective as of /6 -/S ,2013. RECITALS A. Aspen Sunrise, Sunny Ranch and Owl Creek Meadows own the real property described in Exhibit A of this Agreement. The Aspen Sunrise property is commonly referred to as the "Outlook Parcel" and is proposed for development. The Sunny Ranch and Owl Creek Meadows properties are encumbered by an access easement for the driveway which accesses the Outlook Parcel. B. The Aspen Sunrise property received 1041, Caretaker Unit and General Submission development approval from the County pursuant to Resolution No.93-207. C. In 2013, pursuant to Resolution No. 058-2013, the County granted approvals for a Minor Amendment to a Development Permit, Activity Envelope and Site Plan Review approvals to change the approved access to utilize the existing driveway which links the Sunny Ranch property to Owl Creek Road via the Owl Creek Meadows property and to establish that site development will be in compliance with the Aspen Sunrise LLC activity envelope and site plan recorded in Plat BookM C/ Page'7/. D. Pursuant to the Pitkin County Land Use Code and Colo. Rev. Stats. §§ 24-68-101 -106 (the "Vested Rights Statute"), the 1993 approval constituted and established vested property rights for the Aspen Sunrise property pursuant to the Vested Rights Statute. E. The 1993 Approval and the 2013 Approvals are together referred to in this Agreement as the "County Approvals." F. Pursuant to the 2013 Approvals, the County agreed to extend the vested property rights for the County Approvals until December 28,2015. Development of the Property in accordance with the terms and conditions of the County 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 the Owners, and foster cooperation between the public and private sectors. G. Pursuant to the Vested Rights Statute, extension of vested property rights for a term exceeding three years requires the County and the landowner to enter into a development agreement. The parties desire to enter into this Agreement as a development agreement pursuant to the Vested Rights Statute. 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 the Owners agree as follows: 1. VESTED RIGHTS EXTENSION. This Agreement and the County Approvals constitute an approved "site-specific development plan" as defined in the Vested Rights Statute, and establish and extend vested property rights pursuant to the Vested Rights Statute to develop the Property in the manner contemplated by the County Approvals for a period ending on December 28, 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, impose a moratorium on development, or otherwise delay the development or use of the Property as permitted pursuant to the County Approvals shall apply to or be effective against the Property or the development thereof. 2. MISCELLANEOUS. 2.1. Section Titles. The titles of the sections and paragraphs of this Agreement are for convenience of reference only and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 2.2. Amendment of Agreement. This Agreement may be amended or terminated only by mutual consent of the County and the Owners in writing following the public notice and public hearing procedures required for approval of this Agreement. 2.3. 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. 2.4. Recording. This Agreement shall be recorded in the real property records maintained by the Clerk and Recorder of Pitkin County,Colorado. 2.5. Counterparts. This Agreement may be executed in multiple counterparts. 3. APPROVAL The Board finds that this Agreement promotes the public benefit in a manner consistent with, and which promotes the policies and standards contained in the Land Use Code Signatures Following Page APPROVED ON THIS ( DAY OF A64LOr , 2013. ATTEST: BOARD OF COMMISSIONERS / PITKIN COUN Y, COLORADO iLynde• R. Dean George Ned man, Cha e�p rson VCIerk to the Board APPROVED AS TO FORM APPROVED AS TO CONTENT � IA 9Q,. c N- Joh • . y Attorney Ci dy Houben, Community Development Director Aspen Sunrise, LLC By char A. Knezevich, Manager Sunny Ranch, LLC B Y A. Knezevich, Manager Owl Creek Meadows, LLC p/ p# 2-13S051/o10 -13.5-139-2- By: • chard Knezevich, Manager z.-7 3 5-8(45 03°62- 014-e, k Pe 513 EXHIBIT A Legal Description Lot 1, Mandalay North Subdivision, according to the plat thereof recorded January 7, 1994 in Plat Book 33, at Page 57. Lot I, Guber Family Trust Lot Split, according to the Guber Family Trust Lot Split Final Plat recorded January 7, 1994 in Plat Book 33, Page 60 as Reception No. 365481 Lot 2, Owl Creek Meadows Subdivision as recorded in Plat Book 51 at Pages 97-100, of the real property records of Pitkin County, Colorado.