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HomeMy WebLinkAboutREGISTRY RIDGE PUD, 2ND FILING - PRELIMINARY - 32-95D - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSMAR-27-97 11:01 FROM: MD Y AND MYATT PC ID: 97 923038 PAGE 7 i CITIZENS: CITIZENS FOR SENSIBLE COMMUNITY PLANNING LeAnn Th sman CITIZENS' BOARDMEMBERSt G�7JL1d�.nl /�vy�C� ti. LeAnn Thisman Francis Dowl ng j&rjrrby Weilcman Barbara Wilson n,.. Claudia Whitcomb 6 MAR-27-97 11:01 FROM: Ml H AND MYATT PC ID. 9- 923038 PAGE 6 purchases and dismissal of the Lawsuit, including sending letters of support to the City staff, the Planning and Zoning Board and/or the city Council and attending and expressing support at applicable City hearings. In the event that the ODP Amendment and the first filing Final PUD are approved by the Planning and Zoning Board substantially as proposed, the Neighbors agree that they will not, either individually or in combination, file an appeal to the City Council or file a judicial appeal of such approval. 10. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall constitute an original but all of which,, taken together, shall constitute one and the same document. 11. RECORDING/BINDING AGREEMENT Upon its execution, this Settlement Agreement, along with Exhibits "A" and "D" hereto, shall be recorded by Dalco with the Larimer County Clerk and Recorder, and it shall be binding upon, and inure to the benefit of, the parties hereto and their heirs, personal representatives, successors and assigns. 12. ATTORNEYS' FEES AND COSTS Should any party default in any of the covenants or ohligatinna'in this Settlement Agreement, the defaulting party will. pay all reasonable expenses of enforcing this Settlement Agreement, including reasonable attorneys' fees. la. GOVERNING LAW This Settlement Agreement shall be governed by, and its terms construed under, the laws of Colorado. DATED the date set forth above. DALCO: DALCO LAND LIMITED LIABILITY COMPANY, a Colorado limited liability company By James R. MCCOry, Manager TH I ENAN : ��t.�-1� e2_ _ LeAnn Th eman k, MAR-27-97 I1.00 FROM: MP" 4 AND MYATT PC ID. 97" 923039 PAGE 5 steps in good faith to obtain city staff recommendation of approval of a commercial area within Registry Ridge no greater than 3 gross acres. 6. CONDITIONS PRECEDENT 6.1 City ARRrovals. It shall be a condition precedent to performance of Dalco's obligations under subparagraphs 1.3 and 1.4 and paragraphs 4 and 5 above that Dalco receive final, non -appealable approval by the City of the ODP Amendment and the First Filing Final PUD on or before June 1, 1997. 6.2 Dalco/City Purchage Agreements. It shall be a condition precedent to performance of the Plaintiffs' obligations under paragraph 7 that binding agreements between Dalco and the City for the purchase of Parcel N and the Trilby/Shields Parcel be executed prior to the consideration by the Planning and Zoning Board of the First Filing Final PUD. If either of the conditions precedent are not timely satisfied as provided herein, this Settlement Agreement, at the option of the benefitted party and after written notice thereof, shall terminate, and thereupon, the parties hereto shall have no further rights or obligations in connection therewith. 7. DISMISSAL OF THE LAWSUIT Upon satisfaction of the conditions precedent described in paragraph 6 above, Dalco and the Plaintiffs shall file a joint motion with the Larimer county District Court, cooking dismissal of the Lawsuit with prejudice. All parties agree to help obtain the concurrence of the City to the motion to dismiss. Dalco and the Plaintiffs will each pay its own fees and costs in the Lawsuit. Failure of the Plaintiffs to join in such motion shall relieve Dalco of any further obligations under this Settlement Agreement. 8. RELEASE OF LIEN/LIENHOLDER APPROVAL At or prior to the date that. the subdivision plat for the First Filing Final PUD is filed, Dalco shall obtain either a release of the following -described lien on the First Filing Final PUD property and on Parcel H or written approval of this Settlement Agreement from such lienholder, Boulder Valley Bank & Trust, Trustee, Deines Agriculture and Livestock Company Trust u/t/d August 8, 1989. 9. COOPERATION All parties to this Settlement Agreement agree to fully cooperate with each other in securing City approval of the ODP Amendment, the First Filing Final PUD, the contracts for open space MAR-27-97 10:S9 FROM: MI H AND MYATT PC ID. 9" 923039 PACE 4 2. REALIGNMENT OF RANGER DRIVE As requested by the Neighbors, the Site Plan includes a realignment of Ranger Drive from that shown on the approved Preliminary PUD. Dalco agrees to use its best efforts to secure a City staff recommendation of approval of such realignment as well as approval of the Planning and Zoning Board, provided that the failure of Dalco to obtain such approvals, which are totally within the City's discretion, shall not be a condition precedent to performance of the Neighbors' obligations under this Settlement Agreement. 3. FIRST FILING FINAL PUD LANDSCAPE PLAN Dalco has submitted to the City a revised landscape plan for the First Filing Final PUD, a copy of which is attached hereto as Exhibit "F" and incorporated herein by reference (the "Landscape Plan"). The Neighbors and Dalco agree that the Landscape Plan is acceptable, and all parties will support it at the Planning and Zoning Board hearing. 4. AMENDMENTS TO THE FIRST FILING FINAL PUD In the event that the City gives final approval to the First Filing Final PUD, Dalco agrees that, for a period of 7 years from the date of this Settlement Agreement, it will not submit to the City, without the concurrence of the Plaintiffs, any amendment to the First Filing Final PUD which results in a significant change to the types of uses approved therefor or an increase in the density approved for such development phase. This provision shall be a covenant running with the First Filing Final PUD property and shall be binding on Dalco and its successors and assigns. 5. DEVELOPMENT OF FUTURE FILINGS 5.1 Reduction of Commercial Area. At the request of the Neighbors, the ODF Amendment reduces the size of Registry Ridge's commercial area denoted as "Parcel C" from 9.5 gross acres to a range of from 3 to 5 gross acres. All parties agree to support such revision at the time of the Planning and Zoning Board hearing on the ODP Amendment. 5.2 Timeframe for Develonm n . Dalco presently intends to submit development plans for the remaining phases of Registry Ridge in a timeframe which will allow such plans to be reviewed under the City's existing land use regulations rather than proposed new regulations scheduled for adoption on March 18, 1997. Dalco agrees to make good faith attempts to find appropriate users for such parcels and to file such preliminary and/or final plans in a timely manner. Regardless of whether such phases are reviewed under the existing regulations or the new ones, Dalco agrees to take reasonable MAR-27-97 10:59 FROM: MI 4 AND MYATT PC ID. 9' 323038 PAGE 3 31 which is attached hereto as Exhibit "B" and incorporated herein by reference. The ODP Amendment, among other changes, reduces dwelling units on Parcels A. D and Q of Registry Ridge and reduces the total number of dwelling units on the entire development as shown on the "Project Statistics" portion of Exhibit "B". The Neighbors support the CDP Amendment and agree to recommend its approval as hereinafter provided. Dalco agrees to use its best efforts to obtain the City's approval of the same. 1.2 Phase 1 final PUD. Dalco has also submitted to the City the Registry Ridge First Filing Final PUD (the "First Tiling Final PUD"), which includes all of the single-family residential development parcels. A copy of the site plan for the First Filing Final PUD, which is scheduled to be considered by the City's Planning and Zoning Board on March 24, 1997 along with the Amended ODP, is attached hereto as Exhibit "C" and incorporated herein by reference (the "site Plan"). The layout, design and densities shown on the Site Plan incorporate changes requested by the Neighbors, who agree to recommend approval of the same to the City. 1.3 Open Space Purchases. Dalco agrees to use its best efforts to enter into binding agreements with the City prior to the Planning and Zoning Board hearing on the CDP Amendment and the First Filing Final PUD for the purchase by the City of the following properties! (a) Parcel N of Registry Ridge, an approximately 32-acre parcel of land approved for 68 dwelling units on the Preliminary PUD, the legal description of which is described on Exhibit "D" attached hereto and incorporated herein by reference ("Parcel N")l and .(b) An approximately 43-acre parcel.of land owned by Dalco and located at the southeast corner of Trilby Road and Shields Street, the legal description of which is described an Exhibit "E" attached hereto and incorporated herein by reference (the "Trilby/Shields Parcel"). 1.4 Parcel H (School Site). Parcel H of Registry Ridge was approved on the CDP as a 7.3-acre school site with a secondary permitted use of 37 single-family dwellings ("Parcel H"). Dalco agrees that, for a period of.10 years from the date. of this Settlement Agreement, Parcel H. if developed during such period, will be developed only as a school site. The school may be public or private and either non-profit or for profit. This restriction shall be a covenant running with Parcel H and shall be binding upon Dalco and its successors and assigns. After such 10-year period, Dalco (or its successors or assigns) shall be free to develop such parcel in accordance with the City -approved development plans therefor. Fa MAR-27-97 10:S9 FROM. MF 4 AND MYATT PC ID. 97 323038 PAGE 2 SETTLEKENT AORE8KEW This Settlement Agreement is made and entered into this1 day of March, 1997, by and among Dalco Land Limited Liability Company, a Colorado limited liability company ("Dalco"), LeAnn Thieman ("Thieman"), Citizens for Sensible Community Planning ("Citizens") and Francis Dowling, Jeffrey Wellman, Barbara Wilson and Claudia Whitcomb ("Citizensf Boardmembers"), the latter three parties collectively referred to herein as "the Neighbors" and Citizens and Thieman together referred to as the "Plaintiffs". WITNESSETH WHEREAS, Dalco is the developer of Registry Ridge PUD ("Registry Ridge"), a 244-acre mixed -used planned unit development within the City of Fort Collins, Colorado ("City") which has received approval from the City of the overall development plan for the entire site (the "ODP"), the legal description of which is attached hereto as Exhibit "A" and incorporated herein by reference, and of a preliminary plan for a portion of the site (the "Preliminary PUD"); and. WHEREAS, subsequent to such approvals, a lawsuit was filed (Larimer County District Court Case No. 96 CV 219-5) by the Plaintiffs against the City and Dalco challenging the validity of such approvals (the "Lawsuit"); and WHEREAS, oral argument on the briefs submitted in connection with the Lawsuit was scheduled for January 9. 1997, but prior to such date, the parties to this Settlement, Agreement entered into a Memorandum of Understanding dated January 9, 1997 in which the parties agreed to seek a continuance of the oral argument pending negotiation and execution of a settlement agreement based on certain principles and concepts set forth in the Memorandum of Understanding; and WHEREAS, the oral argument on the briefs has now been postponed by the Larimer County District Court pending receipt of a setting request by one of the parties to the Lawsuit; and WHEREAS, the parties to this Settlement Agreement desire to set forth the terms and conditions under which they would jointly request dismissal of the Lawsuit. NOW, THEREFORE, by and in consideration of the above premises and the following terms and conditions, the parties hereto agree as follows: 1. DENSITY 1.1 Amendment to Opp. In accordance with discussions with the Neighbors, Dalco has submitted to the City an amendment to the approved ODP (the 11ODP Amendment's) , a copy of