HomeMy WebLinkAboutDEVELOPMENT AGREEMENT Fall River Village 2004-05-25SCOTT DOYLE,CLERK
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PAGES —7 FEE $36.00 DCC $0.00 #332372
DEVELOPMENT AGREEMENT
Ti-us DEVELOPMENT AGREEMENT (“Development Agreement”)is entered into the day and
year hereinafter set forth,by the Town of Estes Park,Colorado,a municipal corporation
established pursuant to the laws of the State of Colorado (“Town”)and the Robert A.Filbey
Irrevocable Trust,a trust established under the laws of the State of Colorado (“Trust”).
WITNESSETH:
THAT,WI-JEREAS,Trust is the owner of approximately 6.52 acres of real property
located in the Town of Estes Park,Larimer County,Colorado,more particularly described in
Exhibit A attached to and incorporated into this Development Agreement (“Property”).
WHEREAS,the Property is proposed to be subdivided pursuant to the Fall River Village
Final PUD (the “Final Plat”)and developed pursuant to the terms and conditions of the
Development Plan for Fall River Village Communities (the “Development Plan”).Pursuant to
the Final Plat,the Property is divided into eight (8)lots and two (2)outlots.Lots I through 7 and
Outlot A are hereby referred to as Parcel A,and Lot 8 and Outlot B are hereby referred to as
Parcel B.The Final Plat and the Development Agreement are hereby incorporated herein by this
reference;and
WHEREAS,incidental to the Town’s approval of the Final Plat and the Development
Plan,the Town and the Trust have agreed on a number of matters regarding the Property which
are set forth below;and
WHEREAS,the size and phasing of the development of the Property pursuant to the
Final Plat and Development Plan,economic cycles and marketing conditions will require a
Vested Property Right of a duration longer than three (3)years as more fully set forth in this
Development Agreement;and
NOW,THEREFORE,in consideration of the foregoing premises,the covenants and
agreements hereinafter contained,and for other good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged,the Town and the Trust agree as follows:
SECTION I.PROVISIONS APPLICABLE ONLY TO PARCEL A:
1.The parties acknowledge that Parcel A currently is used as a mobile home park
which is a nonconforming use pursuant to the terms and conditions of the Estes Valley
Development Code.The Final Plat provides for seven (7)lots on Parcel A (the “Residential
Lots”),on which residential dwellings are planned to be constructed upon approval of the Final
Plat and the Development Plan which approval is contemporary with the approval of this
Development Agreement by the Town.Not later than twenty-four (24)months following
recordation of the Final Plat,the Trust agrees that:(i)it shall have terminated all leaseholds for
mobile home placement and use;(ii)the operation of the mobile home park on Parcel A shall
have
ceased and no portion of Parcel A shall be used for,or
j TOWN OF ESTES PARK;V
;\\ATTN:TOWN CLERK’S OFFICE1\
P.O.BOX 1200
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park;and (iii)all mobile homes shall have been removed from Parcel A and any other portion of
the Property.
2.The Residential Lots shall be restricted to prohibit any overnight rental of the
residences that are anticipated to be constructed on the Residential Lots.Overnight rental shall
be any rental of less than thirty (30)day continuous duration.
3.The design and construction of any and all buildings on Parcel A shall be subject
to review and approval by an architectural control or review committee that will be created to
govern Parcel A.
SECTION II.PROVISIONS APPLICABLE TO THE PROPERTY (PARCEL A AND
PARCEL B):
4.The design and construction of any structure on the Property shall conform to the
International Building Code,2003 Edition or any edition subsequently adopted by the Town.
5.On the Final Plat,Outlot B is identified and dedicated to the Town as a “non
motorized public access parcel.”The parties agree that Outlot B shall be dedicated to the Town
but that Outlot B shall be subject to,and burdened by,utility easements for the benefit of the
present and future owners of all or any portion of Lot 8.
6.Notwithstanding anything to the contrary contained in C.R.S.§24-68-102 et seq.,
the parties agree that any and all vested property rights that attach to and run with the Property
(including but not limited to the right to undertake and complete the development and use of the
Property under this Development Agreement,the Final Plat and Development Plan)shall run
with the Property and remain vested for a period of eight (8)years from the date of recordation
of the Final Plat.In the event that the Property has not been fully developed as contemplated in
the Development Plan within the eight (8)year vesting period,the approval for the Development
Plan shall automatically terminate and be of no further force and effect unless said vesting period
is extended by mutual written agreement of the parties.
7.This Development Agreement shall be recorded in the office of the Clerk and
Recorder of Larimer County,Colorado.
8.Upon the default of any of the provisions of this Development Agreement by
either party,the parties agree that this Development Agreement may be specifically enforced by
any party or any party may proceed in any other matter authorized by law for breach of a
contract.In addition,the Town may:
(a)Issue a written notice to the Trust to appear and show clause why the Final
Plat shall not be vacated and/or the approval of the Development Plan shall
not be rescinded.The written notice shall be deemed complete upon mailing
the same certified mail to the address of the Trust stated herein.The written
notice shall designate the date,time,and place of a hearing to be conducted
by the Board of Trustees of the Town to consider either or both of the
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remedies.The hearing shall be not less than thirty (30)no more than sixty
(60)days from the date of the written notice.
(b)Proceed in any manner described in the Estes Valley Development Code or
State statutes for a violation of this Development Agreement.
(c)Withhold any building permits for the Property.
The remedies set forth herein are cumulative and the election to use one shall not
preclude the use of another.
9.This Development Agreement and the terms,conditions and covenants contained
herein shall be deemed to complement and shall be used in addition to the conditions and
requirements of the Estes Valley Development Code,the terms and conditions of the Final Plat,
the terms and conditions of the approval of the Development Plan,and other applicable laws,
rules and regulations.
10.This Development Agreement is intended to provide for the orderly construction
and maintenance of structures and other improvements on the Property.This Development
Agreement shall be a servitude running with the Property.Those owners of the Property or any
portion of the Property who obtain title subsequent to the date of this Development Agreement,
their heirs,successors,assigns or transferees,and persons holding under the Trust shall comply
with the terms hereof In the event the Trust transfers title to the Property,the Trust shall be
released from liability under this Development Agreement with respect to any breach of the
terms and conditions of this Development Agreement occurring after the date of any such
transfer of interest.In such event,the succeeding Property owner(s)shall be bound by the terms
of this Development Agreement.
11.The Trust shall cause all lenders,lien holders or other persons or entities who
have any interest in the Property to subordinate their interest to this Development Agreement.
12.If any part,terms,or provisions of this Development Agreement are held by a
court to be illegal or otherwise unenforceable,such illegality or unenforceability will not affect
the validity of any other part,terms,or provision and the rights of the parties will be construed as
if the part,terms,or provision was never part of this Development Agreement.
13.This Development Agreement may be amended by mutual consent of the Town
and the Trust provided such amendment is in writing.
14.This Development Agreement shall be governed by the laws of the State of
Colorado with venue in the District Court of Larimer County.
15.Any notice required or permitted by this Development Agreement will be deemed
effective when personally deliver in writing or three (3)days after notice is deposited with the
U.S.Postal Service,postage prepaid,certified,and return receipt requested,and addressed as
follows:
0 3 0
Town of Estes Park
Attn:Town Administrator
P 0 Box 1200 P.O.Box 637
Estes Park,CO 80517 Conifer,CO 80433
a municipal corporation established under the laws of the State of Colorado
By:&L mca-&A
Title:
STATE OF COLORADO
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COUNTY OF Lctrcrner
(SEAL)
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Robert A.Filbey Irrevocable Trust
Rhonda Lee Lane,Trustee
AGREED TO and signed by the parties this
TowN OF ESTES PARK.
of7k4kcI<J ,2004.
The foregoing DEVEEOPMENT AGREEMENT was acknowledged before me this day
of March ,2004,by ‘.ThKr auAet ,as
________
of the Town of Estes Park,a
municipal corporation established under the laws of the state of Colorado.
Witness my hand and official seal.
Notary Public
My Commission expires:
4 00
I
S ROBERT A.FILBEY IRREVOCABLE TRUST,
a trust established under the laws of the State of Colorado
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By:
__________________________
Rhonda Lee Lane,Trustee
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER )
The foregoing DEVaOPMENT AGREEMENT was acknowledged before me this /r day
of /2,4e1c ,2004,by Rhonda Lee Lane,as Trustee of the Robert A.Filbey Irrevocable
Trust,a trust established under the laws of the state of Colorado.
t:>M.Hs -Witness my hand and official seal
ary.Pub1ic*.
My CommissRlp expires 5 /9 32 60 7
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EXHITA
THAT PART OF LOTS 1,6,7,16,AND 17 OF THE AMENDED PLAT OF SUNNY ACRES
SUBDIVISION,LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 25,TOWNSHIPS NORTH,RANGE 73 WEST OF THE 6TH PRINCIPAL MERIDIAN,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1,OF THE AMENDED PLAT OF SUNNY
ACRES;
THENCE SOUTH 33%%D5’T45’WEST,THIS AND THE FOLLOWING COURSE BEING ALONG THE
WEST LINE OF SAID AMENDED PLAT,349.09 FEET;
THENCE SOUTH 02%%D48’21”WEST,186.55 FEET TO A CAPPED REBAR STAMPED VANHORN
LS 9485;
THENCE SOUTH 89%%D43’22’EAST 33.18 FEET;
THENCE SOUTH 19%%D4 142’WEST 114.09 FEET;
THENCE SOUTH 02%%D48’21”WEST 100.60 FEET TO THE NORTHERLY RIGHT OF WAY OF US
HIGHWAY NO.34 AND A POINT OF NON-TANGENCY;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY AND CURVE TO THE LEFT WHOSE RADIUS
POINT BEARS NORTH 41%%D59’45”EAST,1051.40 FEET,THROUGH A CENTRAL ANGLE OF
09%%D25’27”,AN ARC DISTANCE OF 172.94 FEET TO A POINT OF NON-TANGENCY,SAID
POINT LYING PERPENDICULAR TO AND 17.00 FEET WESTERLY OF THE WEST LINE OF LOT 17A
OF SUNNY ACRES ADDITION TO THE TOWN OF OF ESTES PARK;
THENCE NORTH 02%%D48’18”EAST,PARALLEL WITH AND PERPENDICULAR TO THE WEST
LINE OF SAID LOT 17A,66.23 FEET TO THE CENTERLINE OF FALL RIVER;
THENCE NORTH 71%%D0715”EAST,THIS AND THE FOLLOWING FOURTEEN (14)COURSES
BEING ALONG CENTERLINE,18.15 FEET;
THENCE NORTH 53%%D4215”EAST 59.85 FEET;
THENCE NORTH 84%%D32 15’EAST 81.50 FEET;
THENCE SOUTH 80%%D27’45”EAST 24.50 FEET;
THENCE SOUTH 51%%D5245”EAST 50.00 FEET;
THENCE SOUTH 75%%D 17’4S’EAST 44.00 FEET;
THENCE NORTH 76%%D51’lS”EAST 45.00 FEET;
THENCE NORTH 59%%D24’15’EAST 57.00 FEET;
THENCE NORTH 68%%D56’lS”EAST 64.00 FEET;
THENCE NORTH 52%%D41’lS”EAST 26.50 FEET;
THENCE NORTH 29%%D54’lS”EAST 21.50 FEET;
THENCE NORTH 05%%D09’45’WEST 27.00 FEET;
THENCE NORTH 18%%D07 15’EAST 30.50 FEET;
THENCE NORTH 34%%D58’lS”EAST 34.50 FEET;
THENCE NORTH 53%%D13’lS”EAST 18.28 FEET TO THE EAST LINE OF LOT 16B OF SAID
SUNNY ACRES ADDITION;
THENCE NORTH 00%%D33’45”WEST,THIS AND THE FOLLOWING COURSE BEING ALONG THE
PERIMETER OF LOT 16B,129.33 FEET;
THENCE SOUTH 88%%D35’45’WEST 218.80 FEET;
THENCE NORTH 00%%D 1045”EAST,ALONG THE EAST LINE OF LOT 6 OF SAID SUNNY
ACRES ADDITION,187.05 FEET;
THENCE NORTH 18%%D2 145’EAST,THIS AND THE FOLLOWING COURSE BEING ALONG THE
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EXHIBIT A
PERIMETER OF LOT 1 OF SAID SUNNY ACRES ADDITION,225.03 FEET TO THE NORTHEAST
CORNER OF LOT 1;
THENCE NORTH 89%%D22 14 WEST 256.30 FEET
TO THE POINT OF BEGINNING.
CONTAINING 307,465 SQUARE FEET AND 7.058 ACRES,MORE OR LESS.
SUBJECT TO ALL EASEMENTS,RESTRICTIONS,AND RIGHTS-OF-WAY OF RECORD
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