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., 257941 Page: i of 3 01!12!2004 04:23P Boulder County Clark, CO AMEND AGREE R 0.00 D 0.00 WILLOW RANCH TDR AMENDMENT TO U.S. 36 CORRIDOR COMPREHENSIVE DEVELOPMENT PLAN INTERGOVERNMENTAL AGREEMENT This Willow Ranch TDR Amendment to U.S. 36 Corridor Comprehensive Development Plan Intergovernmental Agreement by, between and among the city of Boulder, a Colorado home rule city (Boulder), the City of Louisville, a Colorado home rule city (Louisville); the Town of Superior, a Colorado statutory town. (Superior)(hereinafter, collectively, the "Municipal Parties"); and the County of Boulder, a body politic and corporate of the State of Colorado (Boulder County); (collectively the "Parties") is made to be effective on the ~~`day of ©c~obe~ , 2003. WITNESSETH: WHEREAS, 29-20-101 et se ,., C.R.S. as amended, enables the Parties to enter into Intergovernmental Agreements to plan for and regulate land uses, in order to minimize the negative impacts of development on the surrounding areas and protect the environment, and specifically authorizes local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by means of a "comprehensive development plan"; and WHEREAS, the Parties entered into the U.S. 36 Corridor Comprehensive Development Plan Intergovernmental Agreement, as previously amended, (hereinafter the "IGA") in order to plan for and regulate the use of the lands within the Plan Area through joint adoption of a mutually binding and enforceable comprehensive development plan; and WHEREAS, Boulder Country has been approached by Lawrence J. & Pamela R. Abrams, landowners who own 118.35 acres in two tracts, an 80 acre tract on the north side of S. Boulder Road south of Baseline Reservoir, anti a 38.35 acre tract on the south side of S. Boulder Road slightly to the east of the northeruy tract, who have filed an application for a TDR NUPUD subdivision, sending 3 dwelling units from the northerly tract ("Sending Site") to be located upon the southerly tract ("Receiving Site") a.s p;art of a 5-lot subdivision, which tracts are both within the Rural Preservation Area of the IGA, as well as Area III of the Boulder Valley Comprehensive Plan; and WHEREAS, the IGA, in Exhibit A, Sections 3.1 & 3.2, states that no density increase beyond the limits permissible under the Boulder County Land Use Code on the effective date of the IGA shall be approved for any such parcE;l in the Rural Preservation Area, nor shall such parcels serve as "receiving parcels" for TDR units v~/ithout amendment of the IGA; and WHEREAS, the Parties have determined that it is in the best interest of the citizens of their respective jurisdictions to amend the IGA to permit consideration of the Willow Ranch TDR NUPUD subdivision pursuant to thE, application received by the County, and to permit approval of said application if the Board of County Commissioners should, after completing the processing of the application and holding the requisite public hearings and in the exercise of its decision-making authority, find that the application meets the standards of the Boulder County Land Use Code for ~~ ~~