HomeMy WebLinkAboutC02-296 Arrowhead River Ranch PUD_File No. PDF-00074`� I IIIIIISara JIIIIISher Eagle, Co IIIIIII IIIII IIIII IIIII III3�IIII III IIII 0
PLANNED UNIT DEVELOPMENT AGREEMENT
COUNTY OF EAGLE, STATE OF COLORADO
John and Diana Donovan
for
Arrowhead River Ranch Planned Unit Development
File Number- PDF-00074
811893
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WHEREAS, John and Diana Donovan (hereinafter called "Applicant") did file an application with the
Eagle County Department of Community Development. State of Colorado, on or about March 20, 2002, for
approval of a zone change and for approval of the Combined Sketch Plan and Preliminary Plan for Arrowhead River
Ranch, File No. PDF-00074, as set forth within Article 5 of the Eagle County Land Use Regulations; and
WHEREAS, pursuant to Resolution No. 2002-130, dated September 17, 2002, the Board of County
Commissioners, County of Eagle, State of Colorado, approved the zone change and Combined Sketch Plan and
Preliminary Plan for the Arrowhead River Ranch Planned Unit Development;
WHEREAS, concurrent with the approval of a Preliminary Plan for PUD, the applicant agreed to enter into
a Planned Unit Development (PUD) Agreement (Agreement), binding the PUD to any conditions placed in the
Resolution; and
WHEREAS, said Agreement shall include a Common Open Space, Park and Recreation Area Plan; and
WHEREAS, said Agreement shall set forth how the landscaping proposed for the PUD will comply with
Eagle County Land Use Regulations Section 4-240Installation and Maintenance Requirements; and
WHEREAS, said Agreement shall ensure installation of necessary public improvements planned to
accommodate the development; and
WHEREAS, pursuant to Article 5-240.F.3.h items (1) through (4) of the Eagle County Land Use
Regulations, the Eagle County Board of Commissioners finds that the following shall set forth the performance
section of this Planned Unit Development Agreement:
NOW, THEREFORE, in consideration of the premises and the covenants and agreements to be kept and
performed by the parties hereto, it is agreed:
I. CONDITIONS IN THE RESOLUTION
The PUD, including Applicant, successive owners and assigns of any part thereof, is bound to all of the
conditions placed in the Resolution No. 2002-130 approving the combined PUD Sketch and Preliminary Plan, and
shall perform as follows:
That at application for final plat approval, the Applicant shall provide evidence that the
design, alignment and construction schedule for the bicycle path proposed to replace the existing
ECO bicycle path adjacent to the property has been approved by the Eagle County Transportation
and Trails Department ("ECO").
That within ninety (90) days of final plat approval, the Applicant shall make the first
installment payment of fees -in -lieu -of -housing in the amount of Seventy -Five Thousand Dollars
($75,000). That within one year (365 days) of the day of final plat approval, or at the time of the
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last building permit issuance, whichever comes first, the Applicant shall make the second
installment payment of fees -in -lieu -of -housing in the amount of Seventy -Five Thousand Dollars
($75,000).
That final plat shall include a note requiring site specific geotechnical engineering for
each building location within the PUD prior to building permit issuance.
That a note on the final plat shall require the Applicant to provide evidence that a
Conditional Letter of Map Amendment (CLOMA) has been obtained from the Federal Emergency
Management Agency ("FEMA") indicating that Lots 14, 15, and 16, are outside of the flood plain,
that home sites are outside the mapped flood plain of the Eagle River at the time of building
permit issuance.
That at the time of final plat approval, the Applicant shall provide payment of fees -in -
lieu -of school land dedication in the amount of Fifteen Thousand Two Hundred Twenty Dollars
($15,220).
2. COMMON PARK AND OPEN SPACE AREAS
2.1 Applicant agrees to be bound by its verbal and written assurances as to its Common Open Space,
Park and Recreation Area Plan. The Plan must outline the areas of common open space, parks, trails and recreation
lands. The Plan must specify how the preservation of these lands is to be implemented, identify deed or other
restrictions against development and include terms by which any common areas are to be maintained. The Plan
must be submitted with the application for Final Plat approval and must be approved by the Board of Eagle County
Commissioners before approval of the Final Plat.
3. LANDSCAPE AND PUBLIC IMPROVEMENT GUARANTEE.
3.1 Landscape Plan. Applicant agrees to submit with the application for Final Plat approval a Landscape
Plan that complies with Section 4-240 Installation and Maintenance Requirements. The Landscape Plan may be
designed by PUD phase, with installation occurring concurrently with the development of each phase. The
Landscape Plan must be approved by the Board of Eagle County Commissioners before approval of the Final Plat.
3.2 Agreement to Collateralize Landscaping. The Applicant agrees to provide collateral in a form
acceptable to the County Attorney to ensure landscaping complying with the approved Landscape Plan will be
installed. Applicant agrees to provide collateral for no less that one hundred and twenty-five percent (125%) of the
estimated cost of the landscaping improvements. The Applicant may provide collateral for each phase of a phased
PUD. Applicant agrees that the guarantee shall be provided prior to initiation of any land clearing or infrastructure
development for the phase or the PUD, whichever is applicable.
3.3 Release of Landscape Collateral. As portions of the landscape improvements are completed, the
Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release
of the agreed estimated cost for that portion of the improvements, except that the (10) percent shall be withheld until
all proposed improvements are completed and approved, and an additional twenty-five (25) percent shall be retained
until the improvements have been maintained in a satisfactory condition for two (2) years.
3.4 Public Improvements Agreement. Applicant agrees to execute a Subdivision Improvements Agreement
(SIA) prior to approval of a Final Plat for PUD. The SIA will contain, among others, the following provisions:
A. Specification of Improvements. The improvements to be installed shall be specified, and shall include
requirements as set forth in Condition No. 2, of aforementioned Resolution of approval.
B. Certificates of Insurance. The Applicant shall secure from any contractor or subcontractor engaged in
the work necessary to comply with the SIA a Certificate of Insurance providing for liability protection in the
minimum amount of $150,000 per individual and $600,000 per occurrence, naming the County as an additionally
named insured. The Applicant, if it serves as the contractor for the PUD Improvements, shall provide insurance in
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the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any
changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes.
C. County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable
or responsible for any accident, loss or damage happening or occurring to the PUD and/or PUD Improvements
specified in the Final PUD Agreement prior to the completion and acceptance of the same; nor shall the County, nor
any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of
said work on the PUD Improvements, but all of said liabilities shall be and are hereby assumed by the Applicant.
The Applicant hereby agrees to indemnify and hold harmless the County and any of its officers, agents and
employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or
employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect
thereof) arise out of or are based upon any performance by the Applicant hereunder; and the Applicant shall
reimburse the County for any and all legal and other expenses incurred by the County in connection with investiga-
ting or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to
any other liability which the Applicant may have.
E. Collateral. Applicant agrees to provide collateral in a form acceptable to the Eagle County Attorney to
ensure public improvements are installed according to the development approval for no less than one hundred
percent (100%) of the estimated cost of public facility improvements, as estimated by the Applicant and approved
by the County Engineer. As portions of the public facilities improvements are completed, the County Engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the
improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and
approved by the County Engineer.
F. Warranty. The SIA shall provide for a warranty period of two (2) years following completion of the last
of the improvements.
4. GENERAL PROVISIONS.
The following shall apply to all PUD Improvements, including off -site improvements, set forth in this
Agreement:
4.1 Compliance with Land Use Regulations. The Applicant shall be required to obtain all necessary
permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations
for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of
commencement of construction of the PUD Improvements referred to herein.
4.2 Sole Responsibility of Applicant Prior to County Acceptance. The Developer agrees and understands
that at all times prior to the completion and acceptance of the on and off -site PUD Improvements set forth in this
Agreement and the SIA by the County, each of said improvements not accepted as complete shall be the sole
responsibility and charge of the Developer. When it is necessary to allow the general public to utilize the roadways
under construction by the Developer, traffic control and warning devices shall be placed upon such roadways by the
Developer in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared
by the U.S. Department of Transportation, Federal Highway Administration.
4.3 Amendment and Modification. The parties hereto mutually agree that this Agreement may be
amended or modified from time to time, provided that such amendment or modification be in writing and signed by
all parties hereto.
4.4 Assignability. This Agreement shall be enforceable against the Applicant, provided, however, that in
the event the Applicant sells, transfers or assigns all or part of the subject PUD, the obligations of the Applicant
under this Agreement as to that portion of the subject PUD may be assumed in writing by the purchaser of the
parcel, and the Applicant shall have no further obligations hereunder. It is agreed, however, that no such assumption
of these obligations shall be effective unless the County gives its prior written approval to such assumption
following an investigation of the financial condition of the purchaser. The Applicant shall not otherwise assign,
transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which
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4.5 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties
hereto, their respective successors, and assigns.
4.6 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the
County or its officers, employees or agents because of any breach hereof or because of any terms, covenants,
agreements or conditions contained herein.
4.7 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that
the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested.
Address for giving notice to County:
P.O. Box 850
Eagle, CO 81631
(970)328-8685
Address for giving notice to Applicants:
John and Diana Donovan
1014 Homestake Circle
Vail, Colorado 81658
4.8 Enforcement and Attorney Fees. At its sole option, the County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of land use regulations
pursuant to the Eagle County Land Use Regulations, as they may be amended from time to time, or as otherwise
provided by law. Alternatively, the terms of this Agreement shall be enforceable by the Board or its designee by
any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement,
or injunction. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies
provided by law. Venue for any legal action shall be the District Court of Eagle County, Colorado. The prevailing
party in any action brought pertaining to this Agreement shall be entitled to an award of costs and reasonable
attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement thisagMdday of
2002.
EAGLE COUNTY DEPARTMENT OF
COMMUNITY DEVELOPMENT, Colorado
By and Through Its
ATTES of 0�e co BOARD OF COUNTY COMMIS S NERS
" G
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Clerk to the Boarof eotoaP�o r tchael L. Gallag , Chairman
County Commissioners
Applicant:
John and DianaDonovan
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/ John Donovan ,
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Diana Donovan
STATE OF COLORADO )
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County of 7,A,&IE )
• The foregoing was acknowledged before me this 21 day of OL.' 00M, 2002, by
J ehn t 014*A OOn b Yan at :20 06.m.
WITNESS my hand and official seal. �0�
My commission expires 5 • a 3 e •' tJ 0 ..�
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Notary Pubffc k0XVI-00
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