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Home My WebLink About1.19 Development agreement-First AMD•lil IAMYEll�1`�I+11.11Mlin II ill Reception4: 828067 12/0512012 02:48:43 PM Jean Alberica 1 of +fi Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the "County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado nonprofit corporation (the "HOA"). The County, Developer, and the HOA may hereinafter be referred to collectively as the "Parties." WITNESSETH: A. Developer is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the owner of certain real property located in Garfield County, Colorado, more particularly described in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the purposes described in the Project Plans (defined below). The Developer's Property and HOA Property are collectively referred to as the "Property." B. The Garfield County Board of County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit Development (the "SVR PUD") following a public hearing on December 7, 2007 and as memorialized in Resolution No. 2008-55, signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747015, and corrected by Resolution No. 2010-38, recorded in the real property records of Garfield County as Reception No. 786992. The SVR PUD contemplates residential and commercial uses with significant active and passive open space areas (the "Project"). C. The Board approved the Preliminary Plan for the SVR PUD (the "SVR Preliminary Plan") following a public hearing on December 7, 2007 and as memorialized in Resolution No. 2008-56, signed on April 21, 2008, recorded in the real property records of Garfield County as Reception No. 747016. D. The Board approved the Final Plat for Phase 1 of the SVR PUD on September 7, 2010 as memorialized on the Spring Valley Ranch PUD Phase 1 Final Plat ("Phase 1 Final Plat") recorded in the real property records of Garfield County as Reception No. 793243. E. Pursuant to the Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq., and Section 5-305 of the Garfield County Unified Land Use Resolution of 2008 as amended (the "ULUR"), the Parties entered into that certain Development Agreement Spring Valley Ranch Planned Unit Development signed on September 7, 2010, recorded in the real property records of Garfield County as Reception No. 793248 (the "Development Agreement"). The Development Agreement granted Developer certain vested rights for a period of no more than fifteen (15) years after the date of approval of the Phase 1 Final Plat. F. After entering into the Development Agreement, Developer sought and obtained approval from the County of the First Amended Plat of Spring Valley Ranch PUD Phase 1 Final 1 5 1111 W.P it l TI sic kru Jorwi `wlivi.k+11I III Reception#: 828087 12/05/2012 02:48:49 PM Jean Rlberioo 2 of 5 Rep Fee:531.00 Doc Fee:0.00 GARFIELD COUNTY CO Plat, approved on Owen, e.,-- 13, 2012 -and recorded in the real property records of Garfield County as Reception No. $a $ v 6 I (the "Amended Phase 1 Final Plat"). The Amended Phase 1 Final Plat removes the Highgrange Pass road right-of-way parcel from the Phase 1 Final Plat and restores this land to unplatted Developer's property. G. Developer also sought and obtained approval from the County of an amendment to the SVR PUD, approved on hWel.-t6e.,-13..2rDia and as memorialized in Resolution No. a0 �� "15 , recorded in the real property records of Garfield County as Reception No. $d$ o6b (the "Amended SVR PUD"). The Amended SVR PUD modifies the phasing of the Highgrange Pass road right-of-way from Phase 1 to Phase 2 and also corrects the Estimated Development Phasing Schedule attached to Resolution No. 2010-38, which did not accurately reflect the approved Phasing Plan. H. The Parties reaffirm that development of the Property in accordance with the Amended SVR PUD, SVR Preliminary Plan, Amended Phase 1 Final Plat, and such future final plats that are approved for the various phases of the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide significant trails and open space, promote diversity of housing stock, ensure reasonable certainty and stability in the land use planning process, stimulate economic growth within the County, and otherwise achieve the goals and purposes of the Statute and ULUR. I. The County finds and determines that the Amended Phase 1 Final Plat constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68-102(4)(a) and Section 1-202(B) of the ULUR. J. The Parties do not intend for the amendments to the Phase 1 Final Plat and SVR PUD to constitute a material change to the Project Plans which would affect the vesting granted by the Board to Developer in the Development Agreement. Consistent with C.R.S. § 24-68- 104(3), the County finds that approval of the Amended Phase 1 Final Plat and Amended SVR PUD are not inconsistent with the original approvals. NOW, THEREFORE, in consideration of the promises cited in the Development Agreement and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the Parties agree as follows: 1. All references in the Development Agreement to the PUD being developed in 11 phases are amended to state it will be developed in 21 phases. 2. Exhibit 2 to the Development Agreement is replaced and superseded by the Amended Exhibit 2, attached hereto and incorporated herein. 3. The Amendment of the Project Plans does not affect the Vesting of Certain Property Rights as identified in Paragraph 3 of the Development Agreement. The Parties explicitly agree and confirm that there is no change to the term of vested rights, which is for a period of 15 years from the effective date of the County's approval of the Development Agreement. 2 1111K P Ik+1�1��11 IhGLn11#C4efitt all X1III Receptiani$: 828087 12!05/2012 02:48:49 PM Jean A1berica 3 of 5 Rec Fea:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. The County has adopted this First Amended Development Agreement as a legislative act subject to referendum, as required by C.R.S. § 24-68-104(2), As set forth in and required by C.R.S. § 24-68-103(c), within 14 days from the date hereof, the County shall cause to be published in a newspaper of general circulation within the County, a notice advising the general public of the approval of the Amended Phase 1 Final Plat as a Site Specific Development Plan and the creation of vested property rights pursuant to the Development Agreement and C.R.S. §§ 24-68-101 et. seq. The effective date of the County's approval of this Amended Development Agreement shall be the date of said publication. 5. All other terms of the Development Agreement remain in full force and effect. In the event of a conflict this First Amendment to the Development Agreement will control. 6. This Agreement may be executed in counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, and agreeing to be full bound by� the terms of this Agreement, the Parties have set their hands below on this day of fOoJe•,,, 2012. DEVELOPER: SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company By: Name: t6,..P.1 rcol (, QLe Its: huiletaft7 ? S ►r, 'def ASSOCIATION: SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., a Colorado nonprofit corporation By:� Name: r eA. Its: Mile, byizeLcj S t Tiodaty� 3 1111 ViROII M WW1. WINE 1 1iii 11111 Reception8: 828067 12/05/2052 02:48:49 PM Jean Alberico 4 of 5 Rec Fee $31 00 Doc Fee:0.00 GRRFIELD COUNTY CO ATTEST: erk to the Board RD OF +<i TY COMMISSIONERS OF t :RFIELP 1 O QTY, OL'RADO By: John M Date: 4 X1111 iP51i4411,1N 1W4,IWh li941 I W1C1i1,1141I III Rea•ptionii: 828867 1210512012 02:49:49 PM Jean Alberioa 5 of 5 Reo Fee:$31.20 Doc Fee:0.00 GARFIELD COUNTY CO AMENDED EXHIBIT 2 HOA PROPERTY • OSP Parcel A • OSP Parcel B • OSR Parcel A • OSR Parcel B of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended Plat thereof filed with Garfield County Clerk and Recorder as Reception No. $a$O6 y 5 SPRIN GAgM BA LEGEND PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 PHASE 7 PHASE 8 PHASE 9 PHASE 10 MOUNTAIN PHASE 1 MOUNTAIN PHASE 2 MOUNTAIN PHASE 3 MOUNTAIN PHASE 4 MOUNTAIN PHASE 5 MOUNTAIN PHASE 6 MOUNTAIN PHASE 7 MOUNTAIN PHASE 8 MOUNTAIN PHASE 9 MOUNTAIN PHASE 10 MOUNTAIN PHASE 11 i x ,/ // A ROAD CONSTRUCTION PHASING EXHIBIT D PHASING MAP VALLEY RANCH P.U.D. LAND PLANNER HART HOWERTON PLANNERS ARCHITECTS LANDSCAPE ARCHITECTS I I.ART/l IOWERTON, PL.A141,1E,TC., ARCHITECTURE AND LANDSCAPE ARCHITECTURE, P.C. 311 Main Street, P.O Box 483, Park city,UT B4060 Tet: 435 655 81 20 Fax: 4.35 655 8124 flnitil• PC@hatt6uurtrtun,t:.vtn CIVIL ENGINEERING: GAMBA & ASSOCIATES, INC. CONSULTINGENGIIEERS & LAND SURVEYORS 97OL945-2550 WWW.GAM.SAENGINEERING.COM 113 NINTH ST., STE. 214 P.O. BOX 1458 GLENWOOD SPRINGS, CO 81602 DATE: October 28, 2011 600 0 600 1200 1800 GRAPHIC SCALE IN FEET 1 INCH = 600 FEET ... 3lE P'" " e !9 .0411a 1'�� ...rZ21171111' OUT PARCEL _g W"" -W,Alffiwoner- UNLESS OTHERWISE NOTED, ALL ROADWAY INFRASTRUCTURE IS TO BE CONSTRUCTED IN THE PHASE DENOTED BY THE HATCHING • ENCOMPASSING EACH SEGMENT OF ROADWAY, WITH THE FOLLOWING EXCEPTIONS: PHASE 2: • HIGHGRANGE PASS (FROM INTERSECTION WITH LIVEBUCK RUN TO THE INTERSECTION WITH C.R. 115) TO BE IMPROVED TO EMERGENCY ACCESS STANDARDS. • C.R. 114 (FROM C.M.0 TO MAIN ENTRANCE) PHASE 3: • HOPKINS TRAIL (FROM INTERSECTION WITH LIVEBUCK RUN TO LOT C11) - COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. PHASE 5: • OURAY TRAIL (FROM LOT C97 TO INTERSECTION WITH HIGHGRANGE PASS) TO BE IMPROVED TO EMERGENCY ACCESS STANDARDS. • SAPINERO TRAIL (FROM LOT E112 TO INTERSECTION WITH HIGHGRANGE PASS) TO BE IMPROVED TO EMERGENCY ACCESS STANDARDS. PHASE 6: • OURAY TRAIL (FROM LOT C97 TO INTERSECTION WITH HIGHGRANGE PASS) - COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. • HOPKINS TRAIL (FROM LOT C11 TO INTERSECTION WITH C.R. 115) -COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. PHASE 7: • SAPINERO TRAIL (FROM LOT E112 TO INTERSECTION WITH HIGHGRANGE PASS) - COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. PHASE 8: • RED CLIFF LOOP (FROM INTERSECTION WITH MEEKER GULCH TO INTERSECTION WITH HIGHGRANGE PASS) TO BE COMPLETED TO EMERGENCY ACCESS STANDARDS. • C.R. 114 FROM COLORADO STATE HIGHWAY 82 TO C.M.C. PHASE 9: • RED CLIFF LOOP (FROM INTERSECTION WITH MEEKER GULCH TO INTERSECTION WITH HIGHGRANGE PASS) -COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. / / / / / • • / / / / / / / / / / / / ; / / / / / , / / / / / / / //,' / //,' f / / / / / ! ' // / / / / / / / /f / / / / / / / / / / / / / > / / / / / / / / / / / f / / / / / / / / / / / ! / / / / / CLERK AND RECORDERS CERTIFICATE T IS PLAT WAS FILED F R RECOR IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT CLOCK M., , 20 2.;`AS RECEPTION NO. al 5 X19 A F.a U .00 0 CL° ND RECORDER / ' / ` / / // , / / / / / / //, /',/ / // / / / // '/'/ ROAD CONSTRUCTION PHASING UNLESS OTHERWISE NOTED, ALL ROADWAY INFRASTRUCTURE IS TO BE CONSTRUCTED IN THE PHASE DENOTED BY THE HATCHING ENCOMPASSING EACH SEGMENT OF ROADWAY, WITH THE FOLLOWING EXCEPTIONS: MOUNTAIN PHASE 1: • HOPKINS TRAIL (FROM INTERSECTION WITH PEAHO RIDGE TO INTERSECTION WITH CAPOTE KNOLL) TO BE IMPROVED TO EMERGENCY ACCESS STANDARDS. - CAPOTE KNOLL TO BE IMPROVED TO EMERGENCY ACCESS STANDARDS. • EMERGENCY ACCESS ROAD ALONG LAN -DIS CREEK (FROM CUL-DE-SAC ON CAPOTE KNOLL TO INTERSECTION WITH LANDIS RIDGE. MOUNTAIN PHASE 2: • HOPKINS TRAIL (FROM INTERSECTION OF PEAHO RIDGE TO INTERSECTION WITH ESCALANTE SPRINGS) COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. MOUNTAIN PHASE 3: • HOPKINS TRAIL (FROM INTERSECTION WITH ESCALANTE SPRINGS TO INTERSECTION WITH CAPOTE KNOLL) COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE. • CAPOTE KNOLL - COMPLETE ALL REMAINING ROADWAY INFRASTRUCTURE.