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HomeMy WebLinkAbout5A - Public hearing and consideration of matters related to Chapter 9-6 "Residential Growth ManagemeCITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: September 4, 2003 (Agenda Item Preparation Date: August 20, 2003) AGENDA TITLE: Public hearing and consideration of matters related to Chapter 9-6, "Residenhal Growth Management System," B R.C. 1981, mcludmg: Time extension for reserved allocations awarded to Dakota Ridge Village. This heanng will be held pursuant to the provisions of Chapter 1-3, "Quasi-Judicial Hearings," B.12.C. 1981. REQUESTING DEPARTMENT: Planning Department Peter Pollock, Plannmg Director Robert Cole, Manager of Project Review Brent Bean, Semor Planner OBJECTIVE5: 1. Hear staff and applicant presentarions 2. Hold the pubhc hearing 3. Determine if the request is consistent wrth the pohcies of Section 9-6-8(g) B R C. 1981, Residential Growth Management System and vote to approve, approve with condihons, or deny the request for a time extension of the reservahon agreement for Dakota Ridge V~llage. ANALYSIS: Markel Homes requested a time extension m October of 2001 that resulted in extending their five year reservahon plan to 2006. The applicant made a request to extend the allocations on June 16, preservmg the nght to request the extension. For this year, 63 market rate allocahons were to be issued by June 30, but only 50 allocations have been issued to date. The 13 unused allocations will be used before the end of the year. It is anhcipated that up to 80 units will be requested for s\plan\pb-rtems~nemos~RGMSext03 AGENDA ITEM # 5A Paee 1 development m Blocks 4 and 5 m the next few months A total of 161 building permrts have been approved for this project, of which 49 are permanently affordable umts (30% of the total umts). The ratio of permanently affordable umts will exceed 20% for the next two phases as well. Staff is recommendmg that Plamm~g Board extend the reservahon agreement for Dakota Ridge Village by one more year This will extend the units ongmally to be constructed m 2001 to be constructed no later than July l, 2004, the 2002 allocahons to July 1, 2005, the 2003 allocahons to Ju1y 1, 2006, and the 2004 allocahons to July 1, 2007. RECOMMENDATION: Planning staff recommends that Plannmg Board take the followmg act~on: Approve a twelve-month hme extension for all remainmg reserved allocahons for Dakota Ridge Village, extending the agreement to July 1, 2007 Approved By ~~~~ "` ~ ~._.~.~-~• ~-~'Z,- Peter Pollock, Director Plannmg Department ATTACHMENT: Attachment A: Markel June 16, 2003 letter requesting a time extension for Dakota Ridge Village. Attachment B. Comparison table showmg the original umt numbers per block and their current approved locations s\plan\pb-items\memos~RGMSext03 AGENDA ITEM # SA Pase 2 ~Markel ATTACHMENT A Markel Homes, Inc 5723 Arapahoe Avenue,ri2B Boulder, CO 80303 303 449 8fi89 (office) 303 444 2798 (fax) 6/16/03 Mr. Brent Bean, Senior Planner City of Boulder 1739 Broadway, Third Floor Eoufc3er. CO 80306 Re. Dakota Ridge Vdlage Budding Permit Alloca[ion Extension Dear Brent: `~ ~_ ~~i ~ ~; J U N 2.i 2003 ;; ~ ~ ~ As we have discussed, Dakota Ridge V~Ilage has not been able to apply for the full number of building permits that have been allocated. While sales have been steady, the general economic conditions have definitely resulted in a slower development As of the beginrnng of this month, Dakota Ridge Village had 13 allocated permits that had not been used. It is my anticipation that the annual allocation will not be met prior to July 1. Please consider this letter as a formal request for the extension of the bwlding permit allocation for Dakota Ridge Village. I am requesting that both the current year unused permits, and future years allocations be extended by one year. I am confident that the real estate market wdl improve and that, by maintairnng a quality development, Dakota Ridge Vdlage will continue to be an asset to the community. This requested permit aliocatinn ext~:nsion wdl allow these goals to Ee me:. Thank you for your consideration of this matter Please fe~l Free to call me with any questions. Sincerely, (//~/ `~L ~%~~~~/" l l~ Agenda Item # .$f~ Page # J ATTACHMENT B Oriqinal qian Revised plan Block 1 99 99 Block 2 32 32 Block 3 0 0(Planning Board review pending to add 32 unit to this block.) Block 4 83 62 Block 5 30 35 Block 6 6 6 Block 7 S S Block 8 11 11 Block 11 4 4 Phase 2 34 34 Phase 3-5 83 83 Reserved 30 14 TOTAL 420 388 (This excludes the 32 unit change requested to Block 3) s.\plan\pb-items\memos~RGMSex[03 Agenda Item # ..5~ Page #~_ I IIIIII I~ lo IIII IIIIIIIi II IIIII IIIIIIII III IIII IIII IIII 0~/ 9 2000 03 56P R 20 00 D 0,00 y For Admmistrative Use On~ Pro~ect Name Dakota R~dge Village Applicant McCabe LLC & Markel Homes, Inc P BD App. Date February 3, 2000 C C App Date• Mazch 21,2000 RESERVATION AGREEMENT A This Agreement is entered mto ttus ~ day of ~_, 2000, by and between the City of Boulder, a Colorado mumcipal corporauon, ("Crty"), and McCabe LLC and Markel Homes, Inc a Colorado Corporation, the Owner and Developer ("Appl~canY'), for the purpose of estabhshmg the reservahon of residenhal growth management allocations from the calendar years of 2000, 2001, 2002, 2003 and 2004 for Dakota Ridge Village ("Pro~ect") the legal descnpuon of which is descnbed m Exh~bit A, attached hereto and incorporated herein by reference, and specifymg the condrtions of approval of this reservation B The parties agree that good and valuable considerat~on exists as a basis for this Agreement mcludmg, but not hmrted to, the City's reservarion of residential growth management allocahons for the Pro~ect and the provision o£ permanently affordable housmg by the Appl~cant. C This Agreement is bmdmg upon the Applicant, the ApplicanYs heirs, successors, and assigns, both jomtly and mdividually, and may be recorded by either party m the office of the County Clerk and Recorder m order to put prospective purchasers or other mterested parties on not~ce of any of its terms D The City agrees to reserve allocarions from the general pool of allocations for the calendar years 2000, 2001, 2002, 2003, and 2004, extendmg three hundred twelve (312) allocarions E The City agrees to reserve and make available three hundred rivelve (312) allocations for the calendar years of 2000, 2001, 2002, 2003, and 2004 and the Apphcant agrees to apply for buildmg permrts and commence construchon thereon m compliance with the Umform Buildmg Code (UBC) accordmg to the followmg schedule Year Number of Allocahons Applv for permrts bv. 2000 62 July 31, 2001 2001 63 July 31, 2002 2002 63 July 31, 2003 2003 62 July 30, 2004 2004 62 July 29, 2005 F The Appl~cant shall have an addrtional twelve (12) months to use an allocation from the immed~ately previous allocation penod , , I IIIII IIII III IIIIIIII (I IIII) IIIIIIII II) (I I II IIII p 06 20 0 03 56P 8oulder County Clerk, CO R~ R 2A 00 D 0 60 G Any unused allocations remaimng after December 31, 2005 shall be forfeited, unless the Applicant requests, pnor to the fourth quarter 2005 residential growth management application deadlme, and the Plamm~g Director approves, upon determmat~on that there was good and sufficient cause for the Apphcant's failure to use the allocat~on that was beyond the reasonable control of the Applicant, an extens~on of the unused allocat~on beyond that provided by th~s Reservahon Agreement H The applicant agrees to construct seventy-eight (78) permanently affordable dwellmg units pnor to or concurrent wrth the construction of unrestncted umts The permanently affordable umts shall be sub~ect to the covenants required by paragraph J of this Agreement and shall be developed consistent wrth Chapter 9-6, B R C 1981 The Applicant agrees to construct the permanently affordable umts pnor to or concurrent w~th the construction of the unrestncted units Further, the Applicant agrees to commence construction of no less than one permanently affordable unrt for every four unrestncted uruts then under construction If the Apphcant does not commence and complete construchon of the unrts m the amount of this ratio or greater, the Apphcant acknowledges that the City may wrthhold future buildmg permits, certificates of occupancy or refuse final inspect~ons for the unrestncted umts until complerion of the permanently affordable unrts The Apphcant agrees to record covenants that comply with the requirements of Chapter 9-6, B R C 1981 as adopted by Ordmance #7025 m the deeds of the permanently affordable umts pnor to apphcation for buildmg permits K The Appl~cant agrees to defend and hold the City harmless from any and all claims or damages that may anse from the Apphcant's achons m connection wrth the execution of tlus Agreement. L The terms and covenants of tlvs Agreement aze m addihon to, and do not exringuish, any other Agreements beriveen the parties. M If ttus Agreement is deemed to create an mterest m land, this Agreement shall be enforced, if not sooner completed, dunng the hves of the undersigned plus twenty years and three hundred sixty-four days N This Agreement is effective upon the affixmg of the parties' signatures hereto OWNER. McCabe Limtted L~ability Company, 't~v'~ limita liab~lity company Richard L McCabe, Manager I I) I~I II) I I~II IIIIII~I I) I II) IIII~III III IIIII ~III III 0 06 Z0 0 03 56P Bou der ount Clerk, ~0 AG y R 000 D000 EXHIBIT A OurOrderNo. WC335752-a LEGAL UESCRIPTION A TRAGT Ofi LAND IACATED W THE NORTHEAST 1/4 OF SECTION 12. TOWNSHIP 1 NORTH, RANGE 71 WESf OF THE bTH P M., SAID TRACf HEING MORE PARTICULARLY DESCRIHED AS POLLOWS COM[vIENC[NG AT THE SOUTHEAST CORNER OF'CF~ NORTHEASf 1/4 OF SAID SECfION 12, THENCE SOUTH 89 DEGREES 41'02" WFST, 127.94 FEET ALONG THE SOUTH LINE OF SAID NORTHEP.Sf ll4 OF SECI'ION 12 TO THE POINT OF INTERSECTION WITA TIiE WESfERLY RIGHT-OF-WAY LINE OF COLORADO SfATE HIGHWAY N0. 7 AS DESCRIBED IN BOOIC 1076 AT PAGE 73 OF THE BOULDER COUNTY RECORDS AND THE TRUE POINT OF BEGINNRJG; THENCE CONTWUING SOUTH 89 DEGREFS 41'02" WEST, 2360.89 FEET ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OP SECTION 12 TO A POINT ON SAID SOUTH L1NE, BEING ]00.00 PEET FJ~SfERLY OF THE SOUTHWEST CORNER OF TF~ SAID NORTHEAST 1/4 OF SECTION 12, THENCE NORTH 00 DEGREES 03'S2" EASC, 1389 27 FEET ALONG A LINE BEING 100 00 FEET EASf OF AND PARALLEL WITH THE WPST L,II9g OF Tf~ SAID NORTHPAST 1/4 OF SEC1'ION 12, THENCE SOUTH 74 DEGREES 45' IS"EAST, 2246 11 FEET TO THE POINT ON INTBRSECf10N WITH THE WESfERLY RIGHT-OF•WAY LINE OF COLORADO SfATE HIGHWAY NO 7 AS DESCRIBED W HOOK 1076 AT PAGE 73, THII9CE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-0F-WAY LINE OF CALORADO SfATE HIGHWAY NO 7 THfi FOLLOWING COURSES. SOUTH 13 bEGREES 13'S7" EAST, 135 49 FEET, THENCE SOUTH 01 DEGREES 55'27" EAST, 102 00 FEET, TI~+NCE SOUTI-I 13 DEGREES 13'S7" EAST, 200 00 FEET, THENCE SOUTH 17 DEGREFS 24'S8" EASf, 374.25 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO. EXCEPTING AND RPSII2VII9G TF~REFROM THE FOLLOWING TRACf OF LAND A TRACT OF LAND LACATED IN TF~ NORTHEASC QUARTER AND Tf~ SOUTHEASf QUARTER OP SECTION 12, TOWNSf~ 1 NORTH, RANGE 71 WESf OP THE SIXTH PRINCIPAL MERIDIAN, BOULDER COUNTY, SfATE OF COLARADO, SAID TRACT BEING MORE PARTICULARLY DESCRffiED ns a~ou.ows. TF~ BASIS Ofi BEARING IS TH6 SOUTH LINE OF SAID NORTHEhSf QUARTEA NORTH 89 DEGREES, 46' S4" EASf, AS MONUMENTED. CAMbfENCING AT Tf~ SOUTHWEST CORNII2 Ofi THE NORTFIEP.Sf QUARTER OF SAID SECTION 12, THENCE NORTH 89 DEGREES SO' S2" EAST, 86339 PEET TO THE TRUE POINT OP BEGINNING: THENCE NORTH Ol DEGREES 20' 00" WEST, 3 29 FEET; THINCE NORTH Ol DEGREES 29' 16" WESf, 246 33 PE$T; TF~NCE 172.85 FEET ALONG Tf~ ARC OF A CURVE TO THE LEFT HAVING A CIIQTRAL ANGLE OF 08 DEGREES SS' 38" A RADNS OF 1109.39 PEET, A LONG CHORD WFIICH BEARS NORTH 06 DEGREES 40' S2" WEST, A DISTANCP OF 172.68 FEET, THIIdCE 286.84 FEET ALONG THE ARC OF CURVE TO THE RIGAT HAVING A CENTRAL ANGLE OF 16 DEGREPS ?b' OS", A RADNS OP 1000.00 FEET, A LONG CHORD WHICH BEARS NORTH 81 DEGREES 33' S1" EASf, A DISfANCE OP 285.86 FEET, TEIE~NCE NORTH 89 DEGREES 46' S4" EASf, 9833 FEET, TF~NCE SOUTH 00 DEGREPS 11' 16" WEST, 201 00 FEET; THENCE 83.54 FPET ALONG Tf~ ARC OP A CURVE TO THE LEFT HAVBVG A CENTRAL. ANGLE OP 15 DEGREES 57' IB', A RADNS OP 300.00 FEET, A IANG CHORD WHICH BEARS SOUTH 07 DEGREPS 47' 23' EASf, A DISfANC:e OF 83.27 FEET; THPNCE SOU7'H 15 DEGREES 46' 02" EASf, 105.09 PE2T; Tf~fTCE 78.21 PEET ALONG THE ARC OP A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OP 14 D~GREPS 56' 14", A RADIUS OP 300.00 FEET, A LONG CHORD WH[CH BEARS SOUTH OB DEGREES 17' S5" EAST, A DISTANCE OF 77 99 FEET, THENCE SOUTH 89 DEGREES 46' S4" WESf, 405 17 FEET TO THE TRUE POINT OF BEGINNING I II I IIIII IIII IIIIII II IIIII IIIIIIII I IIIII IIII III p 06 2000 03 56P Bou der Count Clerk, CO RG R E0 00 D 0 00 y STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) The foregomg mstrument was acknowledged before me this I~ day of ~. ~.~ ,2000, by R~chard L McCabe, Manager, McCabe Limited Liabilrty Company Witness my hand and offic~al seal (~ .,L~Q , Notary Publ~c My Commission expires ~ ~ /$ a O t' "~ DEVELOPER Mazkel Homes STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing mstrument was acknowledged before me th~s ~ day of S c,~ L?~ , 2000, by Michael Markel as President, President, Markel Homes, Inc a Colorado Corporahon Witness my hand and official seal Notary Pubhc My Commiss~on expires ~/I ~~ p ~ / ~EON~LI.A SUE CARSpN ATTEST ~ _ ~ Oi /-Ge Director of Finance and Record Ex-Offic~o City Clerk Approved as to form• C~ ~~ ` City Attorney ~ /d/ D p CITY OF BOULDER, COLORA"~" By ~~ City Manager 'rer~~F~z.`~.~OJ ~u~~~t' v ~~ s ~~"K. IIIIII IIIII IIIII IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 211248'95Q Bouldar CountY Cl~rk, CO HG R 105 00 D 0 00 For Admmistrahve Use Onlv Sub Name Dakota R~dge Village Subdiv~der• Dakota R~dge Village, LLC Plat App. Date. October 27, 2000 SUBDIVISION AGREEMENT A This Agreement is made between the City of Boulder, a Colorado mumcipal corporation, (the "C~ty"), and Dakota Ridge Village, LLC, a Colorado limrted liability company, (the "Subdrvider"), for the purposes of msunng tltat all ordmances and regulations of the City are inet for the protection of the publ ic health, welfare, and safety and obtaming the approva] of the Dakota R~dge Village Subdrvision, Phase 1, (the "Subdrvision"). B 'I'he parties a~'ee that good and valuable consideration exists as a basis for this Agreement, includmg, but not hmited to, the Crty's approval of the subdivision of that parcel of land as more fully descnbed m the attached Exhibrt A, and the prov~sion of Crty serv~ces to the Subdivis~on, which Subdiv~der agrees is of special benefit to the Subd~vis~on. C This Agreement is bmdmg upon the Subd~vlder and the Subdivider's, successors, and assigns, both ~omtly and mdieidually, and ~t shall be rewrded m the .>fFice of the County Clerk and 12ecorder m order to pur the prospec.rive purchasers or other mterested part~es on nuti,;e of any of .ts terms. Additionally, the Subdivider agrees to notify subsequent pu, chasers of the Subd~vis~on or any port~on thereof of the existence of th~s Agreement snd the purchasers' potential obligahons hereunder by providing a copy of this Agreement to tl~e Purchaser. D The Subdivider shall commence, construct, and complete the Subdrvision m accordauce wrth• (1) 'The provisions of approval of the Final Plat, and (2) The approved Subdivis~on Engmeenng Plans dated November 1, 2000, and the approved Engineenng Plans for the Broadway and Lazamie Boulevard Intersection Improvements dated October 9, 2000, (the "Engmeenng Plans,") on file wrth the Crty, and (3) All requtrements of Chapter 9-5, B R.C. 1981, and (4) The requirements of the "City of Boulder Design and Construction Standards", and h PLCUa-drvsubab~Z.6f IIII IIIII II I IIIIII (I) IIII) I III II I I II ~ 114895Q Boultler CounlY Cl~rk, CO qG R 105 QO D 0 OG (5) All terms and conditions of Srte Review No. SI-95-25 and Use Rev~ew UR-98-18 E. The Subdiv~der shall provide the on-site pubhc improvements, as shown on the approved Engmeenng Plans at no cost to the City, mcludmg: (1) Streets mternal to the Subdrvision that mclude• Dakota Boulevard, Denver Street, Laramie Boulevard, 5`h Street, Pierre Street, Gramte Avenue, Ralston Street, Terrace Circle North and South, and Chinle Avenue, (2) Alleyways within the Subdivision, (3) All curbs, gutters, and sidewalks associated with the above streets and alleyways, (4) Traffic control devices on the above-descnbed streets and alleyways, as shown on the approved Engmeenng Plans; (5) A bike path and pedestnan way begmmng at Laramie Boulevard and extendmg across Outlot A to Ralston Avenue, and further extendmg along the south and west sides of Block 3 of the Subdrvis~on to the mtersection of Pierre Street and Granrte Avenue, (6) All water and samtary and sewer mams; (7) All flood control and storm dramage improvements inciudmg storm dramage mams, overflow swales, and swales; (8) Fire hydrants as shown on the approved Engmeenng Plans, (9) Fire lanes; (10) Street lights as shown on the approved Engmeering Plans, (11) The Subd~vider shall be responsible for the mstallation of all landscapmg withm publicnght-of-way. TheSubdividermay,however,transferthisresponsibil~tytothe purchasers of mdrvidual lots by recording a document bmdmg the purchaser to provide the final landscapmg as required by the approved Landscape Plan for Dakota Ridge, Village Phase lA, at the rime of sale of a lot All required landscapmg whether m the publ~c nghts-of-way or on the mdividual lots, shall be completed pnor to final mspect~on on a building permit for any lot, or a letter of credit or similar 6 ,PLCUa-drvsubagr2 abf I IIIIII IIIII IIIII IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 21148'95Q Bould~r Countv W~rk, CO ac e ims o0 0 o ao financial guarantee approved by the Director of Public Works must be provided to the City to guarantee mstallahon of said improvements; and (12) "Street trees" shall be mstalled pnor to the final mspection for the buildmg permrt for lots ad~acent to the reqmred street tree, or a letter of credit or similar financ~a] guarantee approved by the Director of Pubhc Works Director must be provided to the City to guarantee mstallation of said improvements (13 ) The Subdivider agrees to mstall the improvements hsted m accordance with the time hmrts prescnbed by Subsection 9-5-10(c), B R.C 1981, and the approved Development Phasmg Plan set forth m the attached E~chibit B mcotporated herem by reference F The Subdrvider shall provide off-site pubhc mtersechon improvements pnor to final mspection on any buildmg permits, m accordance wrth Approved Engmeenng Plans "North Broadway and US 36 Intersechon Improvements," as approved by the Crty on October 9, 2000. The Crty shall construct or shall have the followmg Phase 2 items constructed, as defined on the Engineenng Plans "North Broadway and US 36 Intersechon Improvements" from the set approved by the City on October 9, 2000. Pavement Removal - Remove existing US off-ramp pavmg (Item No I), remove exisring pavmg south side of US 36 (Item No. 13); signmg and stnpmg removals/relocations (Items No 3-11) (Sheet 2 of 11) 2 US 36 Widenmg for southbound nght-tum lane to Broadway (Items 4, 5, 6& 7) - base and pavmg, streetl~ght, delineators, and raised island, from US 36 Sta. 2+51 to Sta 8+67 (Sheet 5 of I 1) Siemne and Pavement Markme for southbound nght-turn to Broadway from Sta 2+51 to Sta 8+67 (Sheet 6 of 11) 4. US 36 Re-Smpme for northbound US 36 to southbound Broadway left-turn lane, from Sta. 8+50 to Sta. 16+15 (Sheet 6 of 11), mcluding removals (Items 7, 8, 9, 10, and 11) on Sheet 2 of 11 G The Subdrvider shall provide the followmg off-site pubhc mtersectron improvements, but may recerve re~mbursement from the Ctty for a pomon of the improvements per separate Pubhc Improvement Extension Agreement between the Subdivider and the Crty attached hereto and mcorporated herem by reference as Exh~brt E, as follows~ 6 PLCUa drvsubn~rt' abf I IIIII) IIIII II IIIIII IIIII Ilfll IIIIII III IIII III III 2114895Q Boulder County Clerk, CO qG R 1~5 00 D 0 00 1 Sidewalk along Broadway. Construct a five (5') foot s~dewalk from Laram~e Boulevard south approximately seven hundred and twenty (720') feet to connect with the exishng Crty sidewalk along Broadway H. The Subdrnder shall prov~de to the Ciry financial secunty to guarantee the mstallarion of the publ~c improvements specified m Paragraphs E, F and G and other obl~gat~ons undertaken by the Subdrnder m this Agreement m accordance wrth the Development Phasmg Plan set forth m Exhibit B The City, m rts d~scretion, may accept sepazate financial guarantees for above the surface and below the surface public improvements The guarantee will be m an amount to secure the full cost of each Phase, as determmed by the Crty of Boulder Director of Public Works, of conshuchng or mstallmg the improvements. The guarantee will be erther• (a) a deposit of escrow of funds with the City; (b) an escrow w~th a bank or savmgs and loan association upon which the City can draw; (c) an inevocable clean sight draft or letter of commitment upon which the City can draw; (d) a performance bond for the benefit of the City upon which the City can collect, or (e) any other form of guarantee approved by the Director of Pubhc Works, any one of which ~s m a form satisfactory to the City Attomey. The term of the guarantee shall be for a per~od of time sufficient to cover the construction of the public improvements If the construction is not completed and pa~d for by the Subd~vider according to the requirements of this Agreement and Chapter 9-5, B.R.C 1981, the City may, m its absolute discretion, complete the construchon or cause the same to be done and pay outstandmg claims and bills mcurred m such complerion from the escrow fund or guazantee furnished The Subdiv~der shall pay any amount above the amount provided m the guazantee reqmred to complete construchon of the improvements The Public Works Director shall annually review the guarantee to assure that it meets full current costs of constructmg the improvements whose installahon it secures and, upon norification, the Subdrnder shall amend the guarantee to meet such cun~nt costs. The City shall release the guazantee for each Phase when all the improvements for that Phase have been constructed and the City has accepted them The Subdiv~der may construct the Subdivision m phases, as descnbed in the Development Phasmg Plan dated January 11, 2001, on file with the City of Boulder, a reduced copy is set forth m Exhibit B. The Subdivider may defer the financial guarantee for the improvements to be constructed or mstalled as part of Phase 1B and 1C, m accordance w~th the approved Development Phasmg Plans. No buildmg permrts shall be requested or issued for lots m any Phase for which financial guazantees have not been provided, and/or where all of the public improvements have not been completed and accepted by the Public Works D~rector. The Subdivider agrees to execute covenants which are attached to this agreement as Exhibrt C and D to hold all of the lots m Phase 1 B, and all of the lots in Phase 1C, each as one parcel and to not convey such lots separately, until all public improvements servmg these lots have been completed and accepted by the Public Works Director, or unril a financial guarantee has 6 PLCRa-drvsubab~Z abf ~} I III II IIIII III (I (I IIIII IIIII IIII) II) IIII I ll 2114895Q Bauld~r CounW Cl~rk, CO RG R 1p5 00 J ~ 00 been provided for Phases 1 B and 1 C in a form cons~stent with this Agreement. The property within each of the three phases of the Subdtvision mclude: Phase lA• Block 1, Lot 1, Block 5, Lots 11 through 17; and Outlots A and E; and 2. Phase 1B: Block 2, Lots 1 through 32, and 3. Phase 1C Block 3, Lot 1, Block 4, Lot 1, Block 5, Lots 1 through 10 and Lot 18, Block 6, Lots 1 through 6; Block 7, Lots 1 through 8, Block 7, Lots 1 through 8, Block 8, Lots 1 through 4, Block 9, Lots 1 through 11 and Outlot C. J Upon completion of the pubhc improvements and acceptance by the Crty. the Subd~vider shall warrant all public improvements and uril~hes for two (2) years and shall secure the two- year (2) warranty by insurance policy or bond from a surery acceptable to the Public Works Director, payable to the City as beneficiary, m an amount adequate to replace or repau twenty (20%) percent of the total value of the improvements if they are damaged or become inoperable dunng the warranty penod. If the Public Works Director determines that any such public ~mprovements require repazr or repiacement, the Director shall so nohfy the Subdiv~der. The C~ty will not approve any other development applications from or improvements constructed or installed by the Subdivider unnl the Subdivider satisfactonly repairs or replaces a defecrive improvement. If the Subdiv~der fails to repair or replace any publ~c improvements after norice, the City may cause the work to be done and charge the cost thereof agamst the msurance pohcy or bond. K Pnor to issuance ofbuilding permits m the Subdivision the Subdivider shall build and have fully funct~onal, a temporary construction access in the vicmity of the Broadway and Laramie Boulevazd, as approved m the CDOT Access Permit number 400119, dated 10/25/00 The Subdrvider shall create and implement a plan for drverttng construction traffic, to the extentpractical, away from the streets within the Dakota Ridge East, West, and North Subdrvisions, wh~ch are located to the south of the Subdrvision, sub~ect to the rev~ew of and approval of the Director of Public Works Further, the Subdivider agrees to require that all heavy equipment and large vehicles which includes vehicles hke cement trucks, dump trucks, heavy eqmpment and construcrion matenal delivery trucks use the Laramie Boulevard access from Broadway except m the rare circumstances where limited use of other access may be necessary The Subdivider shall, to the extent pract~cable, divert other construchon-related traffic to the Laramie Boulevard access from Broadway and shall ~nstall s~gns mdicatmg the same m]ocarions designated and approved by the Director of Publ~c Works h PLCU a~drvsubayr] abf 5 I IIIIII IIIII IIII IIIIII IIII IIIII IIIIII I I II~ I( II 2114895Q Baultlar County Cl~rk, CO FiG R 105 00 ~ ~ 00 L Pnor to issuance of excavarion and fill permrts for the areas north of Terrace Circle South and west of Pierre Stteet, the Subdrvider shall relocate all "Cynomys ludovicianus° (black- tailed praine dogs) found withm the Subdivision m a manner consistent with that agreement between the City of Boulder, R~chard L. McCabe, and Wild Places, Inc., dated December 13, 2000 and on file wrth the City of Boulder M The Subdrvider shall provide the followmg pnvate improvements or utilrties m accordance with the approved Engmeenng and Site Rev~ew Plans, or any amendments or modificattons thereto, prescnbed under Paragraph D, to be pnvately mamtamed by the owners of the property wrthm the Subdivision: (1) Dramage detention ponds and appurtenances - Outlot A, C, E; and (2) Bike/Pedestnan Trail - Outlot A The improvements shall be maintamed by the Subdivider and the property owners unul conveyed to the Umt Owners' Association and shall thereafter be pnvately mazntamed by the Umt Owners' Association The Subdrnder grants and City reserves the nght to mspect these areas from time to time to assure that these areas are bemg property mamtamed if the City determmes that these areas are not bemg properly mamtamed, the City has the nght to perform the appropnate maintenance and assess the Subdiv~der, the property owner and/or the Umt Owners' Association, if apphcable, for the cost of the mamtenance N The Umt Owners Associarion shall provide for the conhnued and perpetual mamtenance of the improvements and utiliries descnbed in Paragraph M above m the form of a Cummon Interest Community Declazanon conformmg to the requirements of the Colorado Common Interest Ownership Act and agrees to mclude the Common Areas descnbed as Outlots A, C and E, as a common element m such Declazation O The Subdivider agrees to record the Common Interest Commumty Declazation descnbed m Paragraph N above with the Boulder County Clerk and Recorder and provide evtdence of such to the City, pnor to final inspechon for any buildmg permits wtthm the Subdivision P The Subdrnder shall provide copies of the Declazarion to all Umt Owners ofthe Subdivision The Declazation shall mclude the followmg• (1) The Common Areas shall be owned by a Umt Owners' Association orgamzed under Section 38-33.3-301, C.R.S., and I. PLCUa-drvsubabR2abf IIIIIIIIIIIIII) IIIIIIIIII I II II~ I II II I) 21148'95q Boultl~r County Cl~rk, CO RG R 1~5 00 D 0 00 (2) The Common Areas shall not be transferred, conveyed separate nor apart from membership m the Umt Owners' Associauon wrthout the prev~ous approval of the Crty, and (3) Each umt owner withm the Subdivision shall be responsible for payment of his or her proportionate share of any and all taxes or assessments assessed agamst the Common Areas. Q The Subdivider shall convey the Subdrvision's dramage in a histonc manner and m accordance wrth the approved Engmeenng Plans referenced m Paragraph D so as not to adversely affect ad~acent property R The Subdivider shall pay the followmg to the City wrthm 30 days after sigmng this Agreement, but m no event, shall that hme be extended beyond the applicarion for buildmg permits for any dwellmg umts wrthm the Subdivision. (1) Costs for complering the Lee Hill Road curb, associated with the development of the First Filmg of Dakota Ridge East and West, in the amount of $10,872 00, and (2) Pay outstandmg assessments for water and sewer main improvements required for this properly m the Annexation Agreement for the Subdivision recorded at Film # 1662 and Receprion # 01088226 on file with the Boulder County Clerk Recorder m the amount of $173,722.25. S The Subd~vider shall implement a RTD regional bus pass program for all residenhal umts for three (3) consecurive yeazs begiiuung January 1, following the issuance of the first cemficate of occupancy. Pnor to issuance of the first certificate of occupancy the Subdrnder shall escrow funds with the Ctty in the amount of Thirty-six Thousand, Six Hundred ($36,600.00) Dollars (244 umts x$50 per year x 3 years) or an amount agreed to between the Crty and the Regonal Transportauon Drvis~on (RTD) for the reqwred three (3) years along with proof-of-payment for each of these years. If the Subdivider fa~ls to provide the City wrth a signed RTD Eco-Pass contract pnor to January 1, following issuance of the first certificate of occupancy for the Subd~vis~on, the City may, at any time, wrthdraw from the escrowed funds and imtiate a contract with RTD on behalf of the Subdivider m order to fulfill this condihon. T The Subdivision mcludes certam property known as Outlot A and Outlot B, Dakota Ridge North Subdrv~sion, County of Boulder, State of Colorado (the "Outlot Property"). The Outlot Property is be~ng replatted to become a part of the Subdivision In connection wrth such replattmg, the Outlot Property is released from all requuements associated with the 6 ~PLCU a-drcsu6aErt'_ o6f ( IIIIII IIIII IIIII I) I IIIII () II I IIII III II I I II 2114895Q Bouldar Countr Clerk, CO PG R 105 ~0 D 0 00 apphcable development, subdrvision, and reservat~on agreements for the Dakota Ridge North Subdivision. Further, any easements dedicated to the City of Boulder over the Outlot Property on the Dakota R~dge North Subdivision are vacated through the approval of the Subdrvis~on. Any requirements or easements related to the Outlot Property shall be as set forth m the plat, the development agreement, and this Subdivision Agreement U The Subdivider shall defend and hold the City harmless from any and all claims or damages that may anse from the Subdrvider's achons m connechon wrth the execution of this Subdivis~on, mcludmg but not limited to the construcrion of any public or pnvate improvements or the failure to construct the same. V The undersigned warrants ownership of the property descnbed m Exhibit A and agrees to provide an update of the prelimmary title report or attomey memorandum of ownership current as of the date of recording the Subdivision Plat. W If the Subdrvider breaches this Agreement m any respect, the City may wrthhold approval of all buildmg permits and other development applicarions requested for the area withm the Subdivision until the breaches have been cured. This remedy is m addrtion to all other remed~es available to the City at law or equity. X The terms and covenants of this Agreement are m addrtion to, and do not extmguish unless expressly stated, any other Agreements between the parties. Y If this Agreement is deemed to create an mterest m land, this Agreement shall be enforced, if not sooner completed, dunng the hves of the undersigned plus twenty years and three hundred sixty-four days Z This Agreement is effecrive on the date below indicated upon the affixmg of the parties' signatures h PLCU~a-drcwhaEr2 abf SUBDIVIDER. I IIIIII IIIII II~II IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 21148'95Q BoWtl~r CountY Cl~rk, CO FG R 105 0~ D 0 00 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregomg instrument was acknowledged before me this 31 ~ day of ~ 20C>~ , by Mtchael Markel, Manager, Dakota Ridge Village, LLC, a Colora o hm~ted ilrty company Witness my hand and official seal My commission expires• MARI G O'BRIEN Notary Pub(ic State of Cobrado My o„~~„ , _ __ L:F1dw ~lll; ~, cW.~. ATTEST / f~~~. ~-/ 3 _ City Clerk on behalf of the Director of Finance and Record Approved as to form ~' ~ ~~ ~,,~ City Attorney ' U1 ~ ~ ~- ~ Date ~~~ c~~~ Notary Public CITY OF BOULDER, COLORADO ~ , ~^ By' ~• ~ C / ~ ~ City Manager/Plannmg Du Date. I ~a~f ~ ~ F. PLCUa-drvsubacr2ab( IIIIIII IIII) IIIIIIII IIIII III IIIIII I II~ 2114895Q Boultl~r Gounty Clark, CO RG R 105 ~~ D ~ 00 ATTACHMENTS • Exhibrt A Lega] Descnphon Eachibrt B• Development Phasmg Plan Exhibit C~ Covenant and Agreement to Hold as One Parcel - Phase 1B Improvements E~ibit D Covenant and Agreement to Hold as One Parcel - Phase 1 C Improvements Exhibit E Pubhc Imnrovement Extension Plan K PLCU a-drvsubapr2 abf 1 Q ~ IIIIII IIIII IIIII IIII~I Illli I~~II IIIIII Iil ~I~III (I ill ~ o,14t395Q Boultl~r County LLrk, CO qG R 105 00 D 0 OD Exhibit A LEGAL DESCRIPTION OF THE SUBDiV1S1DN PROPERTY THE LAND SITUATED IN THE CITY OF BOULDER, AND LYING WITHIN A PART OF THE f1~5T 1/2 OF SECTION 12, TOWNSH~P 1 NORTH, RANGE 71 WEST OF THE 6TH P M., DESCRIBED AS FOLLOWS A TRACT OF L4ND ~OCATED IN THE NORTHEAST 1/4 OF SECTION i2, TOWNSHIP 1 NORTH, RANGE 71 WEST OF THE 6TH PRINCIPAL MERIDIAN, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLL~WS COMMENCING AT THE SOUTHEAST CORNER Of THE NORTHEAST 1/4 OF SAID 5ECTIDN 12, THENCE 589'46~54"W 127 g4 FEEZ ALONC, THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 TO THE POINT OF INTERSECTION WI7H THE WESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO 7 AS DESCRIBED 1N BOOK 1076 AT PAGE 73 OF THE BOULDER COUNTY RECORDS AND THE TRUE POINT OF BEGINNWG, THENCE CONTINUING S89'46'S4'W 526 47 FEET ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 12 TO A POINT ON SAID SOUTH LINE, THENCE S00'07'49"W fi2.83 FEEF, THENCE N89'48'44"W 89 53 FEEf, THENCE N00'11'16"E 61 20 FEET, 7HENCE 589'46'S4"W 12918 FEET, TO A POINT OF CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 124.00 FEET; TNENCE SOUTHWESTERLY 78,91 FEET ALONG SAID CURVE THROUGH A CENTR.4L ANGLE OF 36'27'38", TNENCE S53'19'15"W 84 38 FEE? TO A POINT OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS 54T15'42"W 18000 FEEf, THENCE NORTHWESTERLY 588 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Q1'S2'15", THENCE N44'36'33"W 22 49 FEE7 TO A POINT OF CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 180 00 PEET, THENCE NORTHWESTERLY 143 29 FEEf ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45'36'33", THENCE 589'46'54"W 614 23 FEET, THENCE S01'20'00"E 27.98 FEET; THENCE S88'40'00"W 1.00 FEET, THENCE N01'20'00"W 2 45 FEET, THENCE 589'56'53"W 740 18 FEET, THENCE N00'30'1B"E 1421 96 FEET ALONG A LINE BEING 100 00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SAID NORTHEAST 1/4 OF SECTION 12, THENCE 574'36'23"E 2274 86 PEET TO THE POtNT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HiGHWAY NO 7 AS DESCRIBED IN BOOK 1076 AT PAGE 73, THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO 7 THE FOLLOWING COURSES 513'09'07"E 134 44 FEET; THENCE SO1'52'33"E 101 88 FEET, THENCE 51509'48"E 199 90 FEET, THENCE S16'19'4$"E 37216 FEET TO THE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO. ARFA = 57 36 ACRES, MORE OR LESS. Q ~ o ~ ~ ~ ° 0 ~ o ~ ° o a n ~ ~ ~ r ~ d ° o m n ci ~ N a o ,~ a ~ ~ - a 0 U • U T C J O U a ~ 0 m AGE SUDDIVISION PHASE 1 I DEVELOPMENT PHASING PLAN ~S. a~ €~ oa a~ w€