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HomeMy WebLinkAboutC01-126 Development Agreement with Oscar and Vivian Diemoz~ L~ r-_ 1 z. ~ -- ~l ^~Iup1~qqIIyIIIy1~ppII~ p~q~~IIyy~NIIy'~~Ippp~p~p~ 155]29 ~'N:- YUI~11111R111~I1MIRItlI11Xl~~ll~ :~i pmeN ~.zae DEVELOPMENT AGREEMENT THIS AGREEMENT is made this ~~ay of April, 2001, by and between Eagle County, acting by and through its Board of County Commissioners, and Oscar F. Diemoz and Vivian L. Diemoz Trust and the Diemoz Family Trust. WHEREAS, Oscar F. Diemoz and Vivian L. Diemoz Trust and the Diemoz Family Trust is the owner of certain real estate described in the Final Plat of the Diemoz River Ranch, recorded at Reception No. _ in the Records of the Eagle County Clerk and Recorder; and WHEREAS, the Board of County Commissioners previously has approved a Subdivision and Off-Site Improvements Agreement dated for the Diemoz River Ranch; and WHEREAS, Eagle County and Oscar F. Diemoz and Vivian L. Diemoz Trust and the Diemoz Family Trust desire that property rights for the Diemoz River Ranch be vested for a period of fifteen (15) years in light of all relevant circumstances, including but not limited to, the size and phasing of the development, economic cycles, and market conditions; and WHEREAS, development agreements vesting property rights for periods in excess of three years are authorized by §24-68-104 Colorado Revised Statutes and Section 5-2500(c)(3) of the Eagle County Land Use Regulations; and WHEREAS, the Board of County Commissioners has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, property, security and general welfare of the inhabitants of the County. AGREEMENT NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The approval of this Agreement by Eagle County is done as a legislative act subject to referendum as provided in §24-68-104 Colorado Revised Statutes and Section 5-2500 of the Eagle County Land Use Regulations. 2. That the property rights granted by the approval of the Diemoz River Ranch Amended Subdivision Plat dated and recorded at , shall be vested for a period of fifteen (15) years from the date of this Agreement subject to referendum as provided in §24-68-104 Colorado Revised Statutes. 3. That such vesting is conditioned upon Oscar F. Diemoz and Vivian L. Diemoz Trust and the Diemoz Family Trust, its successors and assigns, not being in breach of the Subdivision and Off-Site Improvements Agreement dated , or any amendment thereto. 4. By virtue of this Agreement, the parties agree that the Subdivision and Off-Site Improvements Agreement for the Diemoz River Ranch is amended to change the date of its completion provided for in paragraph 1.5 of that Agreement to January 15, 2015. 5. This Agreement shall become effective the day and year first written above and the vested property right shall expire on April , 2016. 6. A vested property right, once established as provided for in this Agreement, precludes any zoning or land use action concerning the subject property by Eagle County which would alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in a site specific development plan, except: a. Pursuant to an initiated measure. b. Or with the consent of the affected landowner. c. Or upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare. d. Or to the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including financing and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by Eagle County, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution on the value of the property which is caused by such action. e. Or the establishment of a vested property right shall not preclude the application of ordinances or regulations subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. 2 7. The Department of Community Development shall cause the publication of a notice of the creation of this vested property right as provided in Section 5-2500(c) of the Eagle County Land Use Regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: o~ ~~~ ~©~ BOARD OF COUNTY COMMISSIONERS ., ~ ~ ~ ~~ cOLOpP40 By: Clerk to the BA of Tom C. Stone County Commissioners Chairman SUBDIVIDER OSCAR F. DIEMOZ AND VIVIAN L. DIEMOZ TRUST , B ~~~~ Y• Vivian L. Diemoz, Trustee By: Janie Duroux, Trustee DIEMOZ FAMILY TRUST Y• Vivian L. Diemoz, Trustee By: ~ . Janie Duroux, Trustee 3 r STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this ~{~ day of , 2001, by Vivian L. Diemoz and Janice C. Duroux, Trustees of the Oscar F. Diemo and Vivian L. Diemoz Trust and the Diemoz Family Trust. Witness my hand and official seal. My commission expires ~- `~ - ~~ _~ Notary ub is nlr\c\development agreement. Diemoz River Ranch 4