HomeMy WebLinkAboutcoa.lu.su.Oblock Townhouses
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AMENDED AND RESTATED
SUBDIVISION AGREEMENT
FOR
OBWCK TOWNHOUSES
THIS AGREEMENT is made and entered into as of th./t..!day of .sPpf, 19iJby and
between THE CITY OF ASPEN, COLORADO, a municipal corporation and home rule city
(hereinafter referred to as "City"), and HOWARD BASS and HARRIS A. CAHN (hereinafter
referred to as "Owner"), with. reference to th.e following:
RECITALS
WHEREAS, Owner has submitted to th.e City for approval, execution and recordation
an amended Final Subdivision Plat (hereinafter referred to as th.e "Amended Plat") concerning
th.e amendment to th.e original Plat for th.e property recorded in Book 631 at Page 504 for th.e
construction of fourteen (14) fully self-contained dwelling units (comprising nine 3-bedroom and
one 2-bedroom free market units and four studio accessory dwelling units) on real property
owned by Owner more fully described as being (hereinafter referred to as th.e "Property"):
Lots D, E, F, G, H, I and N, 0, P, Q, R, and S,
Block 112
CITY AND TOWNSITE OF ASPEN
PIT~NCOUNTY,COLORADO
The foregoing described property is to be known as th.e Oblock Townhouses and will be
hereinafter referred to as th.e "Project";
WHEREAS, on February 6, 1990, th.e Planning and Zoning Commission of the City of
Aspen granted the conditional use application for four (4) accessory dwelling units for th.e
Project and recommended th.at th.e Aspen City Council grant subdivision approval for th.e
Project, and on April 9, 1990, th.e Aspen City Council adopted its Ordinance No. 14 (Series of
1990), a copy of which is attached hereto as Exhibit "A" ("Ordinance 14"), by which is granted
subdivision approval for th.e Project and conferred upon th.e Project a vested right for the 3-year
period next succeeding th.e effective date of th.e ordinance in accordance with. and pursuant to
th.e terms of Section 24-6-207 of the Municipal Code of the City of Aspen. On June 14, 1993,
th.e Aspen City Council adopted its Ordinance No. 28 (Series of 1993) a copy of which is
attached hereto as Exhibit "B" ("Ordinance 28") by which Ordinance No. 14 was amended;
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WHEREAS, the Aspen City Council is willing to approve, execute and accept the
Amended Plat for recordation on the condition that Owner agrees to all matters contained in this
Agreement;
WHEREAS, the City desires to impose certain conditions and requirements in connection
with its approval, execution and recordation of the Amended Plat as are necessary to protect,
promote and enhance the public welfare;
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform
all of the conditions and requirements imposed by the City;
WHEREAS, pursuant to Section 24-7-1005 of the Municipal Code of the City of Aspen,
the City is entitled to assurances that the matters hereinafter agreed to will be faithfully
performed by Owner and his successor and assigns; and
WHEREAS, Owner is willing to provide such assurances to the City.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants
herein contained, and the approval, execution and acceptance of the Amended Plat for
recordation by the City, it is mutually agreed that the Subdivision Agreement for Oblock
Townhomes recorded in Book 631 at Page 504 of the real estate records of Pitkin County,
Colorado is hereby amended and restated in its entirety as provided herein:
A. CONSTRUCTION SCHEDULES
The City and Owner acknowledge that exact construction schedules cannot be determined
or agreed to at this time. It is, however, anticipated the construction of the Project will begin
no later than three (3) years from the vesting of the Owner's property rights in the Project under
Ordinance 28. Thereafter, construction shall proceed for the phase of the Project under
construction in accordance with the provisions of the Uniform Building Code, as adopted and
amended by the City and codified in Article V, Section 7.140, et. seq., of the Municipal Code
of the City of Aspen, Colorado. At the time of application for a building permit for any portion
of the Project, including the installation of Public Improvements, Owner shall provide the City
Engineering Department with a precise construction schedule for that particular phase of
construction, to the reasonable satisfaction of the Engineering Department and Chief Building
Official.
B. CONSTRUCTION OF PUBLIC IMPROVEMENTS
Prior to and as a condition to the issuance of a Certificate of Occupancy for any of the
dwelling units comprising the Project.
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1. SIDEWALKS. Owner shall insta.ll, to then applicable City specifications,
approximately 650 linear feet of concrete sidewalks in the public rights-of-way adjacent to the
Durant Avenue, Cooper Avenue and West End Street frontages of the Project. The sidewalks
shall conform to the guidelines set forth in any Pedestrian Walkway and Bikeway Plan.
2. CURB AND GUTTER. Owner shall install, to then applicable City satisfaction
of the City Engineer, the improvements to be incorporated in and about the Project listed as
items 1 and 2, in the letter dated March 25, 1993, from Schmueser Gordon Meyer, Inc. ("SGM
Letter"), a copy of which is hereto annexed as Exhibit "C".
3. ADDITIONAL IMPROVEMENTS. Owner shall implement, to the reasonable
satisfaction of the City Engineer, the remaining improvements to be incorporated in and about
the Project listed as Items 3-6, inclusive, in the SGM Letter.
4. FINANCIAL ASSURANCES. Owner agrees to secure the performance of the
construction and installation of the foregoing described public improvements and to guaranty one
hundred percent (100%) of the estimated cost of such improvements, which is estimated at this
time, as approved by the City Engineer, to be $101,786.00, as more particularly set forth in the
SGM Letter. Owner shall guaranty such cost in the form of a cash escrow with the City, or a
bank or savings and loan association, or by an irrevocable sight draft or letter of commitment
from a financially responsible lender that funds in the amount of such estimated costs are held
by it for the account of Owner for the construction and installation of the foregoing described
public improvements. This guaranty shall be delivered to the City prior to the issuance to
Owner of a building permit for any part of the Project, shall be in a form acceptable to the City
Attorney, and shall give the City the right, upon clear and unequivocable default by Owner, to
withdraw funds as necessary and upon demand, partially or fully to complete or pay for any of
the foregoing described public improvements or pay any undisputed outstanding bills for work
done thereon by any party, with any excess guaranty amount to be applied first to additional
administrative or legal costs associated with any such default before the unused remainder (if
any) of such guaranty is released to Owner. At the time of approval for a Building Permit,
Owner shall provide to City Engineer in writing, confirmation of the adequacy of the cost
estimate for the public improvements as specified above and such estimate and corresponding
financial security shall be adjusted as necessary to reflect the then current cost to complete
installation of said public improvements. As portions of the required improvements are
completed, the City Engineer shall inspect them, upon approval and written acceptance, he shall
authorize the release from the guaranty delivered by Owner of the agreed estimated cost for that
portion of the improvements, as set forth in the SGM Letter, except that ten percent (10%) of
the estimated cost shall be withheld until all proposed improvements are completed and approved
by the City Engineer.
C. IMPROVEMENT DISTRICTS
In the event that any municipal improvement(s) of the kind contemplated in Section 24-7-
1 004C. 3 of the Municipal Code of the City of Aspen becomes in the sole judgment or discretion
of the City necessary or desirable to the area of the Project, Owner will make no objection to
any special assessment or special tax or proceeding therefor on the basis that the Property is
adequately served by existing improvements or on the basis that the Property will not be served
or benefitted by the improvement(s) proposed; provides that any such assessment or tax
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accomplishes an equitable allocation of expenditures among the properties to be served by the
installation of such improvement(s). Furthermore, Owner agrees to join, upon demand by the
City, any improvement district formed for construction of such improvement(s) including,
without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street
lights, etc., in the area of the Project or to reimburse the City of Aspen directly, upon demand
therefor, if the City should choose to construct these improvements without the formation of
such a district; provided that any such reimbursement by Owner to City accomplishes an
equitable allocation of the costs of such improvement(s) among the properties benefitted thereby.
D. STORM WATER DRAINAGE PLAN
Prior to issuance of a building permit for any portion of the Project, Owner shall prepare
and submit, for the review and reasonable approval of the City Engineering Department, a storm
water drainage plan complying with the guidelines set forth in Section 24-7-1004C.4.f of the
Municipal Code and demonstrating that the historic drainage pattern in the vicinity of the Project
will not be adversely affected thereby and that, in accordance with the Clean Water Act, all and
any snow melt facilities, foundation drains or outside floor drains incorporated into the Project
are to be connected to a drywell or the storm sewer. Evidence of the acceptance of such plan
by the Engineering Department shall be presented to the authority issuing the building permit.
E. LANDSCAPING IMPROVEMENTS
Owner shall install landscaping within the Project consistent with the Landscape Plan.
The Landscape Plan depicts, inter al'a, plant material, proposed treatment of ground surfaces
and other landscape features. Landscaping shall be completed in an orderly, logical sequence
consistent with planting seasons, climatological conditions and construction scheduling. Owner
agrees to ensure implementation of the Landscape Plan and its maintenance for the 2-year period
next succeeding its installation and to guaranty 125 % of the current estimated cost thereof,
which estimated cost, as approved by the City Engineer, is agreed to be $42,836.75 as is more
particularly set forth in the detail of landscaping costs hereto annexed as Exhibit "D". Owner
shall guaranty such cost in the form of a cash escrow with the City, or a bank or a savings and
loan association, or by an irrevocable sight draft or letter of commitment from a financially
responsible lender. This guaranty shall be delivered to the City prior to the issuance to Owner
of a building permit for any part of the Project, shall be in a form acceptable to the City
Attorney an shall give the City the right, upon clear and unequivocal default by Owner, to
withdraw funds as necessary partially or fully to complete or pay for any landscaping
improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any
excess guaranty amount to be applied first to additional administrative or legal costs associated
with any such default before the unused remainder (if any) of such guaranty is released to City.
As portions of the landscaping improvements are completed, the City Engineer and Director of
Parks shall inspect them, and upon approval and acceptance, shall authorize the release of the
agreed estimated costs for that portion of the improvements, except that ten percent (10%) shall
be withheld until all proposed landscaping improvements are completed and approved, and an
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additional twenty-five percent (25 %) shall be withheld, which shall be retained until the
improvements have been maintained in satisfactory condition for two years.
F. REMOVAL AND REWCATION OF TREES
Construction of the Project shall not impair, adversely affect or result in the loss or
removal of the six (6) large spruce trees on West End Street and those along Durant Street,
which trees are to remain where currently sited and survive construction activities associated
with the Project. No trees within the Project site with a caliper larger than 6" shall be removed
without a valid tree removal permit having first been obtained from the City. Owner shall seek
the advice of and shall confer with the City Parks Department concerning the relocation of one
evergreen tree that is to be removed and relocated to a site at Owner's option on the property
or if not on the property to a site to be determined by the City Parks Department. Owner shall
arrange, through a qualified independent third party acceptable to the City in its reasonable
determination, for a cost valuation of the tree, to be relocated and, as a condition to obtaining
a permit for the removal of the tree, shall obtain and furnish a bond or other assurance or
security device, the condition of which shall be that if, within the 5-year period next succeeding
the relocation of the tree, the tree does not survive such relocation, the value of the tree,
determined as above-provided, shall be paid to the City's Park Department for replacement
vegetation. Prior to the issuance of any building permits, the applicant shall provide seven
thousand dollars ($7,000.00) worth of trees to the Parks Department for replacement of trees
that were removed after the 1990 subdivision approval. In-lieu of replacing trees on-site, with
the Parks Department's approval, the developer shall donate seven thousand dollars ($7,000.00)
worth of trees to the City of Aspen or any portion thereof not replaced on-site.
G. ACCESSORY DWELLING UNITS
Owner shall construct four (4) Accessory Dwelling Units within the Project each
consisting of not less than 300 nor more than 850 square feet of net livable area (as defined in
the APCHA Housing guidelines) and located within or attached to any four of the principal
residential dwelling units to be constructed within the Project, each of which Accessory Dwelling
Units shall meet the City's definition of a Resident Occupied Unit and be rented for periods of
six (6) months or longer. The owner(s) of any principal residential dwelling unit to or in which
any such Accessory Dwelling Unit is attached or located shall have the right to place a qualified
employee(s) of such owner's choosing in the appurtenant Accessory Dwelling Unit; provided,
however, that any of all of such Accessory Dwelling Units shall be entitled to remain vacant
and unoccupied should the owner(s) of the principal residential dwelling unit(s) to which such
Accessory Dwelling Unit is appurtenant so choose. None of such Accessory Dwelling Units
may be partitioned (through condominiumization or otherwise) from the principal residential
dwelling units to or within which such Accessory Dwelling Units are attached or constructed.
Prior to the issuance of any building permits for any portion of the Project, Owner shall record
in the Pitkin County, Colorado real property records a deed restriction, substantially in the form
hereto annexed as Exhibit "E" but, in all events, in such form as shall be reasonably approved
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by the Aspen/Pitkin Housing Authority, confirming the controlled housing nature of the four
Accessory Dwelling Units to be incorporated into the Project.
H. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSION BY OWNERS
In the event the City determines that Owner is not acting in substantial compliance with
the terms of this Agreement, the City may issue and serve upon Owner a written order
specifying the alleged non-compliance and requiring Owner to remedy the same within such
reasonable time as the City may determine. Within twenty (20) days of the receipt of such
order, Owner may file with the City Council either a notice advising the City Council that it
is in compliance, or a written petition requesting a hearing to determine anyone or both of the
following matters:
(i) whether the alleged non-compliance exists or did exist, or
(ii) whether a variance, extension of time, or amendment to this Agreement should
be granted with respect to any such non-compliance which is determined to exist.
Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider
the matters set forth in the notice and the petition. The hearing shall be convened and conducted
pursuant to the procedures normally established by the City Council for other hearings. If the
City Council determines by a preponderance of the evidence that a non-compliance exists which
has not been remedied, it may issue such orders as may be appropriate; provided, however, no
order terminating any approval granted herein shall be issued without a finding by the City
Council that substantial evidence warrants such action and affording Owner a reasonable time
to remedy such non-compliance. A final determination of non-compliance which has not been
remedied or for which no variance has been granted may, at the option of the City Council, and
upon written notice to Owner, terminate any of the approvals contained herein which are
reasonably related to the requirement(s) with respect to which Owner has failed to comply.
Alternatively, the City Council may grant such variances, extensions of time or amendments to
this Agreement as it may deem appropriate under the circumstances. In addition to the
foregoing, Owner or its successors or assigns, may on his or their own initiative petition the
City Council for a variance, an amendment to this Agreement or an extension of one or more
of the time periods required for performance under construction schedules or otherwise. The
City Council may grant such variances or amendments to this Agreement or extensions of time
as it may deem appropriate under the circumstances.
I. MISCELLANEOUS PROVISIONS
1. NOTICES. Notices to be given to the parties to this Agreement shall be deemed
given if personally delivered or if deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated below, or at such other addresses as may
be substituted upon written notice by the parties or their successors or assigns:
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If to City of Aspen:
City Manager
130 South Galena
Aspen, CO 81611
If to Owner:
Bass-Cahn Properties
P.O. Box 5078
Aspen, CO 81611
With a Copy to:
Butch & Sundance Investments, Inc.
c/o Chuck Bellock
1400 28th Street, Suite 1
Boulder, Colorado 80302
With a Copy to:
Robert E. Kendig, Esq.
Andrew V. Hecht
Garfield & Hecht, P.C.
601 East Hyman
Aspen, CO 81611
2. BINDING CLAUSE. The provisions hereof shall run with and constitute a burden
upon the title to the Property and shall be binding upon and shall inure to the benefit of Owner
and the City, together with their respective heirs, personal representatives, successors, grantees
and assigns.
3. APPLICABLE LAW. This Agreement shall be subject to and constructed in
accordance with the laws of the State of Colorado and the Municipal Code of the City of
Aspen.
4. SEVERABILITY. If any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section of the application thereof in any circumstance is
invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and
the validity of any such provision, paragraph, sentence, clause, phrase, word or section under
any other circumstances shall not be affected thereby.
5. ENTIRE AGREEMENT-AMENDMENT. This Agreement contains the entire
understanding and agreement between the parties hereto with respect to the transactions
contemplated hereby and may be altered or amended from time to time only by written
instrument executed by each of the parties hereto.
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6. ACCEPTANCE OF PLAT-RATIFICATION BY OWNER. Upon execution of
this Agreement by all parties hereto, the City agrees to approve and execute the final amended
subdivision plat for the project and to accept the same for recordation in the recording office of
Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner.
For his part, Owner hereby ratifies and confirms each and every representation and public
dedication made and set forth by Owner on said plat. The Project is vested for three (3) years
from the date of the adoption of Ordinance No. 28.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
AITEST:
THE CITY OF ASPEN, COLORADO, a
municipal corporation
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By:
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APPROVED AS TO FORM:
OWNER:
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Edward M. Caswall,
City Attorney
Harris A. Cahn
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PG 269
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this/o -taay of ~ 1993, by
Howard Bass.
WITNEss my hand and my offiCial_s~.
My commission expires: C((ro!CJ'-{
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STATE OF COLORADO ) 'c'i 'o.....?';;>
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The foregoing instrument was acknowledged before me thi~t=day Of~, l'~i},;:~Y"""
Harris H. Cahn.
WITNESS my hand and mlyfficial seal.
My commission expires: ~ rCo!7,Y
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EXlIIllIT A
.-
ORDINANCE NO. 14
(SERIES 01'.1990)
AN ORDINANCE OF TIlE ASPEN CITY COUNCIL GlUillTING A SUBDIVISION AND
VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112
WIIE~S, pursuant to section 3-101 of the Aspen Land Use
Code, a devel,opment application requires sUbdivis;ion review for
land to be' u~ed for condominiums, apartments or any other
multiple-dwelling units; and
WIIEREA.S, pursuant to Sections ."9-104 and 7-100,.1 the
conunission reviewed the request for conditional use review for
-",
accessory dwelling units and subqivision; and
WIIEREAS, a duly noticed Public Hearing was held by the Aspen
planning and Zoning commission (hereinafter.. "Commission") on
February G, 1990 to consider the conditional use review and'
. "" subdivision review' application, at which time the commission
reviewed the application I .and
WHEREAS, the commission considered the representations and
commi.tments made by the applicant and approved the condi.tional
use for four accessory dwelling units with con~itions; and
WHEREAS, the Commission recommends to city council
subdivision approval.
NOW, THEREFORE, BE IT ORDA;rNED BY TIlE CITY COUNCIL OF TIlE
CITY OF ASPEN, COLORADO:
section 1:
That it does hereby grant SUbdivision for Lots D-I and N-S,
Block 112. .
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.~ section 2:
That it does hereby grant subdivision as recommended by the
Aspen Planning and Zoning Commission, for the Oblock parcel
located between Cooper and Durant on West End, Lots D-I and N-S,
Block 112, with the following conditions:
1. Prior to the issuance of a building permit a final plat shall
,
be filed subject to review and ,approval of the Engineering
Department. The final plat shall include but not limited to:
a. The surveyor's certificate must indicate that all
easements indicated on Title Po~icy No. 0-9941-38538, dated
December 9, 1988, have been shown on this plat.
b. Easements for transformers and utility pedestals subject
to review by the Engineering Department.
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c. An above grade trash service area. .
2. Prior to the issuance of a building permit a subdivision
agreement shall be submitted for review and approval by the
Planning Department. The Subdivision Agreement shall include but
not be limited to: .
a. an agreement to join any future improvements districts.
b. language binding the' applicant to bond for five years the
value of the large evergreens (removed for the garage ramp) for
relocation 'or replacement purposes.
3. Project approval shall be conditioned upon receiving an
encroachment license for the parldng garage. If an encroachment
lic~nse is not granted then the applicant shall submit new site
plans for.staff and P&Z review.
.".-......
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4.
Prior to 'issuance of' a building permit the applicant shall
submit a storm water drainage plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited' to, demonstration that the historic drainage pattern will
not be affected and all snowmelt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance with the Clean Water. Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the public right~of-way and
blocks public USe of the sidewalk area.
6. The city requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the city.
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7.
Prior to recordation of the SUbdivision agreement and final
plat, the applicant shall submit documentation to. the Planning
Department demonstrating that. dOWnstream collection constraints
can be' .mitigated to the satisfaction of the Aspen Consolidated
Sanitation District.
The actual cost and financial guarantee
shall be incorporated into the subdivision agreement.
a. Prior to the issuance of. an excavation permit,. the tunnel and
underground garage design shall. be approved. by the Aspen
Consolidated Sanitation District.
9. The 6 large spruce trees on West End Street and those along
(
Durant shall not be removed. Removal of any tree larger than 6"
in .caliper shall require a tree removal permit.
10. The applicant sha.1l work with the Parks Department to
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relocate th,e clump of large evergreens being removed for the
construction of the garage ramp. The applicant shall also bond
for five years the cost of the trees (as determined by an
independent third party).
In the event they do not survive
relocation the money shall be available for the Parks Department
to use for replacement vegetation.
11. The street and sidewalk. improvements shall comply with the
Pedestrian Walkway and Bikeway Plan.
In the event the plan is
not adopted they shall develop the street and sidewalk
improvements as depicted on the approved plans.
12. Prior to the issuance of a building permit the owner shall
record copies of deed restrictions for t~e 4. accessory dwelling
units subject to review and appro~al by the Housing Authority.
/...---.....
section 3:
That is does hereby grant Vested Rights .for this subdivision
for a period 'of three (3) year.s from the effective date hereof in
accordance with the terms and provision of. section 6-207 of the
Aspen Land Use Code.
section 4:
That the city Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
section 5:
If any 'section, subsection, sentence, clause, phrase or
.portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
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"'. provision ana such holding shall not affect tne validity of the
remaining portions thereof.
Section 6:
Nothing in this ordinance shall be construed to affect any
right, .duty or liability ~nder any ordinance in effect prior to
. the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 7:
. 9<111.../.
A pUblic hearing on the Ordinance shall be held on'the
day of Up...} .(1 1990 at 5: 00 P.M. in the City Council Chambers,
Aspen city Hall, Aspen Colorado, ~ifteen (15) days prior to. which
'. hearing a public. notice of the same shall be pUblished one in a
newspaper of general circulation within the city of Aspen.
., ~
-....
INTRODUCED, RE1I.Il AND ORDERED PU13LISlIED as provided by law,
by the city Council of the city of Aspen on the /.;2.~
#J1I1A_~ , 1990.
day of
,
..- ........
_....:.~::.~
~.:~
. .
-
lI.'l'T.r;;ST: '. 'g,
::y..A -':" -' : . ~
. /l....tLZl{ A; - . ~
Kp.thry.n'; ...:'Koch, City Clerk
..' ..;. .. .
" \..... .
'. . FINALLY, adopted, passed and approved this
~, 1990.
William
or
~.'d~y
of
~....
:
William L. stirling, ayor
~
ATT'ST:' :.. .,.
....J~
- .. .
- ~.' . .
Kathryn-' . !toch, city
. .. -.
~.
Clerk
.'
..'
..'
5
. .
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#361532 09/28/93 14'36
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EXIlIllIT II
,
ORDINANCE NO. 28
(SERIES OF 1993)
AN ORDINANCE OF. THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL
AMENDMENT TO THE FINAL SUBDIVISION ~LAN FOR THE OBLOCK SUBDIVISION,
CONDOM1N1UM1ZAT10N AND VESTED RIGHTS STATUS FOR LOTS D-1 AND N-S
OF BLOCK 112, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, in 1990 the Oblock subdivision was approved by the
city Council; and
C)
WHEREAS, the approved sUbdivision included .ten single. family
townhomes, four accessory dwelling units and an Underground parking
garage; and
WlIEREAS, the applicants have sUbmi:tte,I an application to amend
:the subdivision, condominiumize the dwelling units and vest their
development rights; and
WHEREAS, the applicants, BUtch and Sundance Investments Inc.,
propose to amend the approved sUbdivision by eliminating the
underground parking and providing surface, off-street parking for
(
"
the ten townhomes; and
WlIEREAS, on July 1, 1992, the state Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision;condominiumization approval process as
adopted by City, and under which the instant condominiumization is
being processed for approval; and
WHEREAS, the city Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
,
1
(,
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Silvia Davis, Pitkin Cnty Clerk, Doc $.00
,.
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 276
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
WHEREAS,
in the -. event amendments . to the municipal
condominiumization 'ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization app.roval as currently required under existing
ordinances :,,-nd as impos~d upon the applicant herein, i.t is city
Council's desire that.the applicant herein receive the benefit of
those amendmen~s; and
WHEREAS, the city council may not and has not committed itself
or the city to the actual .adoption of any amendment to the
Municipal Code as described in the feregoing recital; and
WHEREAS, the a'pplicant ~as been fully apprised as to his.
rights and .obligations under current ordinances governing
condominiumizatien approval; and
WHEREAS, the applicant has determined to preceed with his
approval applicatien at this time at his .own risk knewing that
amendments te existing condeminiumization .ordinances may .or may net
subsequently be adopted, and'that such amendments if adopted may
net provide him' any relief from the cendi:tions of approval as
impesed in this ordinance; and
WHEREAS, the Aspen city Council has reviewed and considered
the amendments under the applicable previsiens .of the Municipal
." .
Code, to wit, Divisien 10 Sections 24-7.-1006 and 24-7-1007, and has
reviewed and censidered those recemmendatiens' by the Planning
Department and has taken public comment at public hearing; and
WHEREAS, the City ,Council finds that the amendments te the
2
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#361532 09/28/93 14:36 Rec $160.00 BK$~t5 PG 277
. tk Cnty Cler'.k'I)o<::
Si 1 vi a.l)a\{~s_, P, .:i n
,
.,
subdivision and 'condominiumization meet or exceed all applicable
development standards and that ..the approval of the amendments and
.. condominiumization, with conditions, is consistent with the goals
('
and elements of the Aspen Area community Plan; and
WlIEREAS"the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to section 24-7-1006 B. and 24-7-1007 of the
Municipal Code, and subject to those conditions of approval as
specified hereinafter, the city Council finds as follows in regard
to the amendments of the appr.oved subdivision plan an<;l
condominiumization often townhome dwelling units:
1. . The Developer I s amendment to the subdivision submission is
complete and sufficient to afford review and evaluation for
approval.
2. The amendment to the subdivision plan is consistent with the
approved subdivision plan.
3. The proposed condominiumization will n9t adversely affect the
availability of affordable housing.
Section 2: Pursuant to the' findings set forth in Section 1 above,
the city Council grants a substantial amendment.to the subdivision
. .
plan .for the Oblock Subdivision subject to the following
conditions:
1.. Prior to the issuance of. any building permits and within 180
days of final approval, the applicant shall file with the Pitkin
County Clerk and Recorder an amended' subdivision plat and
subdivision agreement. Failure to file within 180 days of final
approval 'will render the approval invalid.
2. Prior to filing, the. amended plat shall be reviewed and'
approved by the Engineering and Planning Departments.
3
.
#361532 09/28/93 14:36 Rec $160.00 BK ~
SIlvIa DaVIS, PItkin Cnty Clerk Doc $.00
"---.- -- --.--.---.......---........-.....--.-....--......--...-----.'..--.,--- '
PG 278
3. The final plat shall meet the requirements of Section 24-7-
1004.0 and shall:
a. Indicate utility easements necessary for:.the development.
b. Indicate curb, sidewalle and. streetlight locations to
comply w~th the Pedestr.ian Bikeway Plan. .
c. Indicate above grade trash service area.
"
4. Applicant shall jqin any future improvements districts for the
purpose of constructing improvements in the public right-of-way.
. ,
5. Prior to ~ssuance of a bu.ilding permit, the applicant shall
provide a storm runoff drainage study meeting the requirements of
Section 24-7-1004.C.4.f. .
6. Prior to' recordation of the final plat and subdivision
agre~m~nt, the applicant shall submit documentation to' the Planning
Department demonstrating that downstream collection constraints can
be mitigated to the satisfaction of the ACSD. Actual cost and
financial guarantee shall be incorporated into the amended
SUbdivision agreement.
7. Prior to recordation of the final plat and subdivision
agreement, the applicant shall review with the Water Department
water supply requirements, proposed connection to the City system
and adequacy of fire protection.
8.. Prior to the issuance of any building permits, the applicant
shall provide $7000 worth of trees to the Parks Department for
replacement of trees that were removed after the 1990 subdivision
approval. In-lieu of replacing trees on-site, with the Park 's
Department's approval, the developer shall donate $7000 worth of
trees to the city of Aspen.
9. Prior to the issuance of any building permits, the applicant
shall submit for Parks Depar.tment review a new landscape plan that
identifies the relocation of removed trees, indicates tr.ees to
remain, and. indicates tree calipers: The applicant shall also work
with the Parks Department to preserve two trees that may suffer
heavy damage' due to construction. Removal of any tree larger than
6" in caliper shall require a tree removal permit.
10. The applicant shall bond for five years the cost of the trees
(as determined by an independent third party). In the event the
relocated trees do not survive the money shall be available for the
Parks Department to Use for replacement vegetation. Language to
this affect shall be included in the subdivision agreement.
11: Prior to the issuance of any. building permits, deed
4
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG ~"
Silvia Da"i_s,_!"itk_inC;rl~X Cler'k Doc $.(H)
restrictions for the accessory dwelling units shall be approved by
the .Housing Authority and recorded with the Pitkin County Clerk and
Recorders Office with proof. of recordation. to the Planning
Department. The deed restriction shall state that the accessory
units ,meet the housing guidelines for such ; units, meets ..the
definition of Resident Occupied Unit, and if' rented, shal~ be
rented.for periods of six months or longer.
Ci
. .."~
12.. Prior to final inspection by the Building Department, the
aCiJessoi:y dwelling units shall be inspected to confirm that the
u~its comply with the housing guidelines for such units.
13. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
section 3: Pursuant to the findings set forth i~ section 1 above,
and in accordance with Section 24-7-1007 of the Municipal Code,.the
city Council grants and awards condominiumizati~n approval to the
", . !,
Plan as follows, subject to the conditions as .specified herein:
~
1. The applicant shall file a condominium plat .to be reviewed and
approved by the Engineering Department and the plat shall include
but not limited to:
a) A legal description. of the condominiumized property.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units. to a six month
minimum.lease, with no more than 2 shorter tenancies per yea~.
(
,
3. The Building Department shall inspect the building prior to
filing the final plat. .
Section 4: All material r~presentations and commitments made by
,',
the developer pursuant to the amended subdivision plan approvals
as herein awarded, whether. in public hearing'; or documentation
. - . . f"
presented before the city Council, are hereby incorporated in such
plan development approvals and the. same shall be complied with as
if fully set forth herein, unless amended .by other specific
conditions.
Section' 5:
.
Pursuant to Section 24-6-207 of the Municipal Code,
5
...-'
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,36 Rec $160.00 BK 7~ PG 290
#361532 09/28/93 14.. Cnty Cler'k, DC)C $.00
Silvia Davisc Pit~in
the city Council does hereby grant the applicant vested rights for
the amended oblock Subdivision. as follows: '
1. The rights granted by the' site' specific development plan
ap'proved by this ordinance shall remain vested for three (3)
years ,from .the date of final 'adoption specified below.
However, any failure to abide by the terms and. conditions
attendant' to this approval shall result il} forfeiture of said
vested property.rights. Failure to timely,and properly record
all plats and,agreements as specified h~rein and or in the
Municipal Code shall also result in the' forfeiture of said
vested rights. . ,
"
, ,
2. The approyal granted hereby shall be sUbject to all rights of
referendum and jUdicial review.
, ;
3. Nothing in the approyals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules" regulations or ordinances or' the city provided
that such reviews. or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of' a vested property right shall not
preclude the application of ordinances or regulations which
are general. in nature and are applicable to all property
subject to land use regulation by the city of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 6: This Ordinance shall not effect any existing litigation
and shall not operate as an abatem~nt of any action or proceeding
now pending under or' by virtue of the. ordinances .. repealed ,or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 7: If any section, subsection, sentence, clau~e, phrase,
or ~ortion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
.
6
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Si 1 vi a. Da.vi s.' Pit.kin.mCf1t~..c:lE!l"k, .1)()c $.00
" ~
shall not affect the validity of the remaining portions thereof.
' .,. '. . . !. , .
Section 8: The City Clerk shall 9ause notice of this Ordinance to
('
be publi~hed in a newspaper of general circulation within the city
of Aspen no. later than 'fourteen (14) days following finai adoption
,
hereof. . Such notice shall be substantially in t~e following fQrm:
Notice is'hereby given to the general pUblic of the approval
of a site specific development plan, and the creation of a
vested property right pursuant. to Title. 24, Article 68,
Colorado Revised statutes, pertaining to the, following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
section 9:. A public hearing on the Ordinance shall be held on the
' ,
day of
, 1993 at 5:00 in the City:co~ncil Chambers,
Aspen .city Hall, Aspen Colorado,. fifteen (15) days prior to which
hearing a'. public notice of. the same shall be published in a
,
c::
newspaper ?fgeneralcirculation within the Ci~Y'of Aspen.
INTRODUCED, READ AND .ORDERED PUBLISHED as provided by law,
by the 'city Council of the city of Aspen on the '
day of
, 1993.
,
" I.
John Bennett, May~r
Attest:
Kathryn s. Koch, city Clerk
FINALLY, adopted, passed and approved this'
1993.
day cf
: ; ~ . '
John Bennett, Mayor
Attest:,
Kat~ryn S. Koch, City Cl';lrk
7
./
.
\", EXH,IBIT C
D (Li!ii~
SCHMUESER GORO&;,Qi~';ER iNc.
March 25, 1993
P.o.(!.ji; .155
Aspe'fi;lSclorado 81612
(303) 925-6727
Fax (303) 925-4157
CONSUL TlNG ENarNEEtfS & SURVEYOllS
Mr. Ted Guy
Theodore K. Guy Associates, P.C.
P.O. Box 1640
. Basalt, Co. 81621
RE: Db lock Property .
Updated Estimated Cost of Public Improvernents
Dear Ted:
.
This letter Is In follow-up to your request for an updated schedule of costs lor public
Improvements lor the Obtock Property. t have eliminated Items relevant to the subgrade tunnel
between the parking structures due to changes in the project design. .
I have Identified public Improvements pursuant to Aspen Municipal Code, Section 7-1004C.3.A.
and have Included only Irnprovements that will provide an upgrade of existing main utility lines
or Improvements within the right-aI-way, such as curb, gutter, sidewalk and pavernent. I have
not included in these cost estimates service lines, or cost elements such as demolition, on the
belief that the clly would not undertake demolition work In the event the project did not
commence. I would anticipate that 1inanclaf guarantees will be required pursuant to Aspen
Municipal Code, Section 7-1005.0. requiring a guarantee for 100% 01 the estlrnated cost of public
Improvements. As you know, the City Engineer will need to sign off on both the list of
Improvements and tile estimated costs thereof.
Public Improvements relevant to the Oblock Parcel Include the lollowlng:
1.
Sidewalk - 650 In.n. x 5 ft. wide '"
361 sq.yd. @ $30 sq.yd.
$10,833
Base course 361 sq. yd. x..l7 yd. '"
60 cubic yds. x 2 ton/cu. yd. '" 120.00
tons @ $18/ton
Subtotal-Sidewalk
$ 2,160
$ 1,000
$13,935
Handicap ramps 2 each @ $500
2.
Curb and guller 650 In. It. @ $15
per In.H.
$ 9.750
3.
Alley pavement 200 In.n. x 20 ft.
wide'" 444 sq.yd @ 3" depth = 37.04
cu,yd. x 2 ton/cu.yd. = 7:4.08 tons @
$55/lon
$ 4,074
#361532 09/~8/93 14 36
Silvia D .L " '" Rec: $160.00 BK 725
aV1S, Flthn Cnty Clerk, Doc: $.00 PG 282
1001 Grand Avenue, Sulle 2.E. Glenwood Springs, Colorado 81601. (303) 9~5.100~
.".
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March 25, 1993 .
Mr. Ted Guy
Page 2
Base course 444 sq.yd. x 6" = 74.07
cu.yd. x :2 ton/cu.yd. = 148.15 ton x
$18/ton
$ 2,667
Prep subgrade
Subtotal-Paving
$ 1,500
$ 8.241
4.
Street lights - Aspen Antique style
6 each at $5500
~33,OOO
5. Water line - Based on discussions with Jim Markali.mas 01 the Aspen Water Dep!.
on August 16, 1989, he Indicated that we would be permitted to tap an existing 14
Inch main In the Cooper Aven.ue right-of-way with an 8 Inch ductile line main
extension along West End Street for possible future Interconnect by the Clly of
Aspen. This short rnaln extension, which I would now estimate at approxlrnately
75 feet In length, would represent a portion of a public water systern Improvernent
allowing a future Interconnect to Durant Avenue. The estimated cost of this main
extension Is as follows:
75 In. ft. 8" DIP main @ $35/ln.l1.
$ 2,625
8" Tee, I each @ $300
$ 300
Tie in to existing maln(Lurnp sum)
8" plug, I each @ $200
$ 1,500
$ 200
$ 700
8" gate valve, I each @ $700
Pavement repair 75 1n.1t. x 20 ft. =
167 sq.yd. x .11 yd. = 18.56 cu. yd. x
2 ton/cu.yd. = 37 tons @ $55/ton
$ 2,035
Subtotal, water main extension
$ 7.360
6. Electric Extension - In a discussion with Don Gilbert, the City's Electric
Superintendent on August 18, 1989, he Indicated that the project would require an
extension of 3 phase primary from Original Street along the existing alley. Electric.
system Irnprovernent estimates are as follows:
3 phase primary In conduit 250 In. ft.
@ $50/ln.fl.
$12,500
(
Service transformer I each @ $15,000
$15,000
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 283
,Silvia DaVis, Pitkin Cnty Clerk, Doc $.00
SCllMUESEn conOON MEYEn, INC.
'"
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March 25, 1993
Mr. Ted Guy
Page 3 .
Connection to existing system (Lump Sum)
$ 2,000
Subtotal electric improvements
$~9.500
Total estlrnate for all public
Irnprovements
~101.786
As I had discussed with Sunny Vann In our meeting In July 1990, It Is entirely possible that the
developer will decide to place a higher level of Irnprovernents In the alley or on the sidewalks
fronting the property. From the standpoint of linanclal assurances however, it seems appropriate
to provide guarantees for the standard level 01 public Improvernents required or Installed by the
City Itsell. You may wish to refer to my letter to Sunny Vann of August 24, 1989 regarding special
conditions and options with respect to public Improvements.
I hope this letter will be adequate lor cost estirnate purposes for the financial assurance
requirements for the City of Aspen. Please feei Iree to contact me II I may provide additional
Information or detail regarding these cost estimates or discuss amendments with you.
Respectfully submitted,
SCHMUFS;;;jjmR'INC
,. ~
y . Hammond, P.E.
Princlpai-Aspen Olllce
Jt-l/Ia9\01TG
#361532 09/28/93 14'
Silvia Davis Pitl" .3~ Rec $160.00 BK 725 PG 284
, .In ~ty Clerk, Doc $.00
()
l
SCllMUEsm conDON MEYEn. INC.
,"";i.:;\
EXHIBIT D
'C.}102 LANDSCAPE COSTS')
...
"
PLAN~ M/>.T~ijJALS ?pIED~LE i~
FOR ENTI.RE PROJECT, ' .....
,. ,. .... i
OBLOCKTOWNHOMES
TREES: QTY, SIZE
($7000 WORTH OF TREES OWED TO THE CITY)
"
\ .
ESTIMATED COST
AUSTRIAN ,PINE 4
LANCELEAF COTTONWOOD 5
. SINGLE STEM ASPEN 4
MULTI STEM ASPEN 2
RADIANT CRABAPPLE 2
ADDITiONAL PLANT MATERIALS:
AMUR MAPLE 4
ASPEN 8
ASPEN 9
MUOO PINE 1 6
ANTHONY WATERER SPIREt 22
lSANTI DOGWOOD 1 6
ALPINE CURRANT 24
BUFFALO JUNIPER 4 0
PEflENNIALS
SOD W/1N PROP. LINE
SOD IN R.O.W.
TOPSOIL ..
14'
4" CAL.
2 3/4' CAL.
2 3/4" CAL.
3' CAL.
1 1/2" CAL
1 112" CAL
II 2 1/2' CAL .
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
190 . FLATS (2060 S.F.) .
8075 S.F.
7450 S.F.
235 C.Y.
EACH
$661.00.
$315.00
$250.00
$270.00
$231.00
,
SUBTOTAL '
6/14/93
TOTAL
$3,444.00
$1,575.00
. $1,000.00
$540,00
$462.00
$7,021.00
$85100
$100.00
$190.00
. $40.00
$25.00
$25.00
$25.00
,
$20.00
$340.00
$600.00
$1,710.00
$720.00
$550.00
$400.00
$600.00
$600.00
r
,
$55.00 $10,450.00
','"
$0.35 $2,826.25
$0.35 $2,607.50
)
$17.00 $4,012.00
,i' ADDITIONAL PLANTS SUBTOTAL $25,815.75
)
,
i
.!
i
I
PLANT MATERIALS TOTAL $32,836.75
"
J:
,
IRRIGATIONALLOWA~CE $10,000.00
,.
P~ge- 1
'~ ,
TOTAL' ~42.836.75
!
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III
UI
EXHIBIT E
ACCESSORY DWELLING UNIT DEED RESTRICTION
APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL),
ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND
SECTION 5-510 OF THE ASPEN CITY LAND USE CODE,
RESOLUTION #90-1 AND ORDINANCE #90-14
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and
entered into this day of , 1993, by
Howard Bass and Harris A. cahn ("Coventors") for itself, its
successors and assigns, for the benefit of the City of Aspen,
Colorado, a municipal corporation, and the Aspen/Pitkin County
Housing Authority, a mUlti-jurisdictional housing authority
established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT recorded in Book 605 at Page 751 of the records of the
Pitkin County Clerk and Recorder's Office ("Authority").
WHEREAS, Coventor owns that parcel of real property located at
see attached , in the city of Aspen, county of
Pitkin, Colorado, more specifically described as Lots N-S, Block
112 (Parcel B) upon which is situate a free market dwelling and
contain within this dwelling a studio consisting of 350 net
liveable square feet to be classified as an accessory dwelling unit
("unit"); and
WHEREAS, Coventor agrees to accept and
conditions on its use and occupancy of the unit
dwelling unit under the Aspen Municipal Code.
impose certain
as an accessory
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows:
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident-occupied" dwelling units.
2. Coventor need not rent the Unit; however, when rented, only
qualified residents, as defined in the Housing Guidelines,
shall reside therein and all rental terms shall be fore a
period of not less than six (6) consecutive months. Coventor
shall maintain the right to select the qualified resident of
its own choosing when renting the Unit. An executed copy of
all leases for the Unit shall be submitted to the Authority
within ten (10) days of the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall
run with and be binding on the land for the benefit of the
City of Aspen and the Authority, either of whom may enforce
the provisions thereof through any proceedings at law or in
equity, including eviction of non-complying tenants.
#061532 09/28/93 14"6 -
Sllvia Davis Pitki~'-. C ~eC::C$116Q. 00 Elf( 725 PG 286
, . n Y erk, Doc:: $.00
4. It is understood and agreed by the Coventor that no waiver of
a breach of any term or condition as contained in this deed
restriction shall be construed to be a waiver of any breach of
the same or other term or condition, nor shall failure to
enforce anyone of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IN WITNESS HEREOF, Coventor has placed its duly authorized
signature hereto on the date as described above.
COVENTOR:
~:
Howard Bass, Coventor
Harris A. Cahn,Coventor
Mailing Address:
Butch & Sundance Investments, Inc.
c/o Chuck Bellock
1400 28th street, Suite 1
Boulder, CO 80302
COUNTY
)
)
)
ss.
STATE OF
The foregoing instrument was acknowledged before me this
day of , 19___, by Howard Bass and Harris A. Cahn.
WITNESS MY hand and official seal.
My Commission expires:
Date
Notary Public
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 287
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
2
ACCEPTANCE BY THE HOUSING AUTHORITY
. . ':"..- ~, '" ,
The foregoing agreement and its terms are accepted by the
Aspen/pitkin county Housing Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
David J. Myler, Chairman
Mailing Address:
530 East Main Street, suite 001
Aspen, CO 81611
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 19_, by David J. Mvler.
WITNESS MY hand and official seal.
My Commission expires:
Date
Notary Public
\work\dr\oblock.dr
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 2BB
Silvia Davis.,. Pitkin Cnty Cler'k,Doc $.00
3
EXHIBIT A
UNIT NUMBER ONE
ADU 833 East Cooper Avenue, 831 East Cooper
See Site Plan AD!.1 Oblock Townhomes
) Bv 725 PG
.36 Rec $160.01 "
~361532 09/28/93 14..- Cnty Cler.k '. Doc $.00
Silvia DavlS, Pltkln --
289
EXHIBIT A
UNIT NUMBER TWO
ADU 839 East Cooper Avenue, 837 East Cooper
See Site Plan AD!.! Oblock Townhomes
#361532 09/28/93 14: 36 Rec $160.00 Bf( 725 PG 290
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
~'...
'"
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 291
Silvia Davis, Pitkin Cntx_c::l_e>r.k,_Dc:lc$._(~()
EXHIBIT A
UNIT NUMBER THREE
AI)U 843 East Cooper Avenue, 841 East Cooper
See Site Platt AD!.1 Oblock Townhomes
/87:\
#361532 09/28/93 14:36 Rec $160.00 BK 725 PG 292
Silvia Davis, Pitkin Clerk Doc $.00
EXHffiIT A
UNIT NUMBER FOUR
ADU 845 East Cooper Avenue, 847 East Cooper
See Site Plan AD!.! Oblock Townhomes
#3638961.1/29/93 l.4,2L1. f~et: $30.00 BK 733 F'G 58
Silvia Davis, Pitkin Cnty Clerk, Dee $.00
FIRST ADDENDUM TO
AMENDED AND RES T A TED
SUBDIVISION AGREEMENT
FOR
OBWCK TOWNHOUSES
THIS FIRST ADDENDUM TO AMENDED AND. RESTATED SUBDNISION
AGREEMENT is made and entered into as of the h day of November, 1993, by and between
THE CITY OF ASPEN, COLORADO, a municipal corporation, or assigns, and home rule city
(hereinafter referred to as "City"), and HOWARD BASS, HARRIS A. CAHN, and BUTCH &
SUNDANCE INVESTMENTS, INC. a Colorado corporation, or assigns, (hereinafter referred
to as "Owner"), with reference to the following:
RECITALS
WHEREAS, Howard Bass and Harris A. Cahn, as Owner, submitted to the City for
approval, execution and recordation Amendment No. 1 to Final Plat of the Ob1ock Townhouses
Subdivision .(hereinafter referred to as the "Amended Plat") recorded in Plat Book 32 at Page
74 on September 28, 1993 and replacing the original Plat for the property recorded in Book 631
at Page 504 for the construction of fourteen (14) fully self-contained dwelling units (comprising
nine 3-bedroom and one 2-bedroom free market units and four studio accessory dwelling units)
(the "Project") on real property owned by Owner more fully described as being (hereinafter
referred to as the "Property"), formerly known as the Ob1ock Townhouses now known as the
Enclave at Little Nell and described as:
Lots D, E, F, G, H, I and N, 0, P, Q, R, and S,
Block 112
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY, COLORADO
WHEREAS, Howard Bass and Harris A. Calm have sold and conveyed a portion of the
Property and the Project to Butch & Sundance Investments, Inc. ("Butch & Sundance");
WHEREAS, Owner has agreed to accept certain conditions, set forth below, required by
the City to be added to the Amended and Restated Subdivision Agreement dated September 9,
1993, recorded September 28, 1993 in Book 725, Page 261 of the Pitkin County real estate
records (the "Restated Agreement");
WHEREAS, the Owner has sought the approval from the City of Aspen to lower the
alleys adjacent to Lots D, E, F, G, H, I, and N, 0, P, Q, R, and S of Block 112, Original
Aspen Townsite, and the City desires to grant its approval subject to certain conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants
herein contained, and the approval, execution and acceptance by the City, it is mutually agreed
that the Restated Agreement is hereby amended as follows:
#:563\3'70 11/29 / 9~) 1. 4: 24 Rec $:50. 00 Bf< 733 F"G 59
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
--"---~_._.._._.~'_.._...".._._-,-----_.__.,"-~-
A. ALLEY CONSTRUCTION AND MAINTENANCE
Owner shall be entitled to lower the alley located on the Property in accordance with the
plans and specifications reflected on the Exhibit attached hereto and designated "A I. I". Owner
shall obtain necessary design approvals and an Excavation Pennit from the City of Aspen Streets
Department and Engineering Department prior to any construction in the alley right-of-way
adjacent to the Property. Owner shall perform all snow, snow pack, and ice removal, grading,
and other maintenance deemed to be necessary by the City Street Superintendent commencing
immediately upon execution of this First Addendum to Agreement and for a period in perpetuity
or until the alley is returned to the original, existing grade. Owner agrees to indemnify and hold
harmless the City for any claims arising from the construction necessary to lower the alley and
from subsequent maintenance necessary to maintain the alley surface in a condition satisfactory
to the City Street Superintendent and City Engineer.
B. ALLEY SNOW MELT
In the event that a snow melt system is approved and installed in the alley adjacent to the
Property, Owner shalI provide necessary maintenance to remove snowpack and ice build-ups at
the edge where the unmeIted portion of the alley meets the melted portion of the alley.
C. STORM RUNOFF
As a further condition of Paragraph D. of the Restated Agreement, Storm Water
Drainage Plan, Owner shall provide on-site dryweIls located on the Property to mitigate storm
runoff from the alley for the lOO-year storm as provided for in the Aspen Municipal Code at
Section 19-7-1004.C.4.f.
D. UTILITY RELOCATIONS
Owner agrees to provide all necessary relocations of utilities located on the Property and
in said alley or used in connection with the Property, at Owner's expense and in full cooperation
with all utilities.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
THE CITY OF ASPEN, COLORADO, a
municipal corporation
By, f- g~
Mayor
ATIEST
2
APPROVED AS TO FORM:
#363896 1. 1.1;;~9/9:5 1. 4::24 Rec $30.00 BK 733 PG 60
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
(~~
CD( Atto. ey
HarrisA.Cahn
Butch & Sundance Investments,
Inc.
r s R. Bellock,
utive Vice President
By:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregOing instrument was acknowledged before me thi~Of November, 1993,
by Howard Bass.
WITNESS my hand and my official seal.
My commission expires: ~ - 1_ q (..".
~~'J-~
Notary Public
STATE OF T/?'f: $ )
) ss.
COUNTY OF ~)
C-
The foregoing instrument was acknowledged before me this6- day of November, 1993,
by Harris H. Cahn.
WITNESS my hand and my official seal.
My commission expires: ~ I'll '1 (.
...,~~---~~,
.@.~:~~:\;o{AACijA 1';,. weODS
r:r..A.'Y:/cl NOTARY PUBUe
\~~~~J State of Texas ~
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a~{(' ~(h
No . PublIc
3
#:563896 11/29/93 14:24 Rec $30.00 BK 733 PG 61
Silvia Davis~ Pitkin Cnty Clerk~ Doc $mOO
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me thiS~::f November, 1993,
by Charles R. Bellock, as Executive Vice President of Butch & Sundance Investments, Inc.
WITNESS my hand and my official seal.
My commission expires:
b-I-Jf; _'~~
Notary Public
c:\uUh\en\subdivis.1gt
1t-r1/::JcJ,j G D
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4
377160 B-769
SILVIA DAVIS
P-317 1.'::/14/94 10:18A PG 1 OF 5
PITKIN COUNTY CLERK & RECORDER
REC
25.. 0rZl
DOCJ'1,(
7') S<r- 'it
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
FIRST AMENDMENT TO
DECLARATION FOR THE ENCLAVE AT UTILE NELL
This First Amendment ("First Amendment") to the Declaration for The Enclave at Little
Nell (the "Declaration") is made this 23 day of August, 1994 HOWARD BASS, HARRIS A.
CAHN and BUTCH & SUNDANCE INVESTMENTS, INC., a Colorado corporation, (the
"Initial Owners").
KNOW ALL MEN BY mESE PRESENTS, mAT:
WHEREAS, the Initial Owners did execute and cause the Declaration to be recorded on
April 18, 1994 in Book 747 at Page 882 of the Real Estate Records of Pitkin County, Colorado.
WHEREAS, defined terms found in the Declaration, including but not limited to Sharing
Ratio, Owner and Lot, shall, unless otherwise provided herein, have the same meaning when
appearing in this First Amendment.
WHEREAS, Section 2.21 Pp.rirul of A,,,,,,iMion ('ontTO! of the Declaration provides that
"Period of Association Control" shall mean the period of time beginning with the date of this
instrument and ending on the earlier to occur of (a) the date which is twenty (20) years after the
date of this instrument or (b) the date of one of the two following occurrences: (i) upon the
conveyance of seven Lots to Owners other than the Initial Owners; or (ii) upon the voluntary
surrender by the Initial Owners of the right to appoint and remove officers and directors of the
Association as set forth in the Declaration. "
WHEREAS, Section 12.03 Amp.ntlmp.nt of the Declaration provides in part that "The
provisions of the Declaration which create certain rights in Developer or in one or more of the
Initial Owners may be amended only with the prior written consent of the party or parties entitled
to such rights. The provisions of the Declaration pertaining to the Sharing Ratio of each Lot, the
allocation of the liability for ComJ;l1on Expenses and voting rights to each Lot and the rights of
Lienholders under the Declaration may be amended only with the prior written consent of the
Lienholders whose or which name and address have been made known to the Association. Except
for the foregoing amendments, the Declaration may be amended during the Period of Association
1
377160
B-769 P-318
12/14/94 10,18A PG 2
OF 5
Control only by the recording of a written instrument or instruments specifying the amendment
signed by all of the Initial Owners... "
WHEREAS, Butch & Sundance Investments, Inc., in addition to being an Initial Owner,
is the "Developer" under the provisions of the Declaration.
WHEREAS, the Period of Association Control continues in effect because none of the
events which would end the Period of Association Control has occurred.
WHEREAS, this First Amendment is being adopted by all of the Initial Owners and the
Developer during the Period of Association Control.
WHEREAS, this First Amendment does not affect provisions of the Declaration pertaining
to the Sharing Ratio of each Lot, the allocation of the liability for Common Expenses, and voting
rights to each Lot or rights of Lienholders.
1. Section 1. 03 of the Declaration is deleted in its entirety and replaced with the following:
"1.03 l:TP.:Itinn llnti Nllm.. of th.. l:ommon Tnt..r...t l:ommllnity llnti
Nllm.. of th.. A..odlltion The Initial Owners hereby create a
common interest community by the name of The Enclave at Aspen
(the "Project"). The name of the "Unit Owners Association" (as
such term is defined in the Act) organized to govern and administer
the Project is The Enclave at Aspen Owners Association, a
Colorado non-profit corporation ("Association"). "
2. Section 3.04 shall be deleted in its entirety and replaced with the following:
"3.04: T .P.gllJ n""'ription Any contract of sale, deed, lease, deed of trust,
mortgage, will, or other instrument affecting a lot shall legally describe it
substantially as follows:
"Lot , THE ENCLAVE AT ASPEN according to the
amended Planned Community Plat for The Enclave at Aspen,
recorded , 1994, in Book at
Page of the real estate records of Pitkin County, Colorado,
and according to the Amended Declaration of The Enclave at Aspen
recorded , 1994, in Book
at Page of the real estate records of Pitkin County,
Colorado.
2
377160
B-769 P-319
12/14/94 10:18A PG 3
OF 5
NOW THEREFORE, the Initial Owners and the Developer do hereby publish and declare
that the following provisions, conditions and restrictions in the form of amendments to the
Declaration shall be deemed to run with the land, shall be a burden and benefit to any present or
future Owner of a Lot, their grantees, successors, assigns, heirs, executors and administrators.
EXECUTED as of the date first set forth above.
INITIAL OWNERS:
INITIAL OWNER AND DEVELOPER:
Harris A. Cahn
By:
(Corporate Seal)
ATTEST: 4l~~/
Lewis Holtsclaw, Secretary
3
377160
B-769 P-320 12/14/94 10:18A PG 4
OF 5
AeKNOWT.Efi~1?M1<NT PA~E TO
FIRST A MF.N1lM1<.N"T TO fiEer .AR A TrON
FOR THE 1?.NC'r.A VE A T ASPEN
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing First Amendment to Declaration for The Enclave at Aspen was
acknowledged before me this ;)2;. day of August, 1994, by Howard Bass.
Witness my hand and official seal.
MY COMMISSION EXPIRES
My commission expires: 417/97
7n~au,/kJJzadr .
Notary P lic
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing First Amendment to Declaration for The Enclave at Aspen was
acknowledged before me this.22 day of August, 1994, by Harris A. Cahn.
Witness my hand and official seal.
MY COMMISSION EXPIRES
My commission expires: 417/97
~r:::t1::/~'
-
4
377160
B-769 P-321 12/14/94 10:18A PG 5
OF 5
~~ ---~
u_ -ArKNowrRnG~l\IT P4GR TO
FIRST 4MF.NnMF.NTTO nRT.c'4R4TTON
FOR THR RNCT.4 VR 4 T 4SPRN
STATE OF COLORADO )
)SS
COUNTY OF PITKIN )
The foregoing First Jo.J!1endment to Declaration for The Enclave at Aspen was
acknowledged before me this ~ day of August, 1994, by David Gitlitz as President of Butch
& Sundance Investments, Inc. a Colorado coxporation, on behalf of such coxporation.
Witness my hand and official seal. ON EXPIRES
MY t;OMMISSI
4/7/97
My commission expires:
/!7~ tJAn/~ r
Notary blic
STATE OF COLORADO )
)ss
COUNTY OF ARAPAHOE )
The foregoing First Amendment to Declaration for The Enclave at Aspen was
acknowledged before me this J.q"'" day of August, 1994, by Lewis Holtsclaw as Secretary of
Butch & Sundance Investments, Inc. a Colorado coxporation, on behalf of such coxporation.
Witness my hand and official seal.
My commission expires: '1195
N~ iX.aLJ
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5
JUN 06 '94 01:55PM GARFIELD & HECHT P.C
P.2
.... .f
ASPENJPITKIN COUNTY PLANNlNG DEPARTMENT
June"1-, 1994
Ronald Garfield, Esq.
Garfield & Hecht. P.C.
601 East HYDWJ. Avenue
Aspen, Colorado 81611
RE: OBloekToWDhomes (The EncJave At Little Nell)
Dear Mr. Garfield:
With respect to the Amended and Restated Subdivision Agreement for OBloclc
Townhouses. the purpose of this letter is to colliirm that your client, Butch & Sundance
Investments, Inc. has deposited with the City in the form of cash escrow or letter of
credit, the F;nllnMlll Assurances required under Paragraph B.4 81ld the guaranty for the
Landscaping Improvemenlll required under Paragraph E of said agreement.
~7 truly YO~'lt- .)
Cj;d~/LLC iify~
:u,slie Lamont. Senior Planner
c:\rllnlobloc:klpllmg.dIlp
...
-'"
MESSAGE DISPLAY
TO
George Robinson
BC
John Worcester
From:
Postmark:
John Worcester
Feb 22,94 11:35 AM
Subject: O'Block Tree removal
------------------------------------------------------------------------------
Message:
Can you bring me up to speed on this. I got a call from Ron Gsrfield
who claims they can't relocate an evergreen tree for less than
$15,000 and no guarantee that it will survive. He wants to know if
they can replace per ordinance since it will only cost about $6,700
and the rate of success will be much higher. I'll call him back as
soon as you fill me in. Call me if that would help. Thanks.
-------========x========----___
#326990~/08/90 14, 37 Rec: $145.00'- 631
Silvia bavi., Pitkin Cnty Clerk, Doc: ..00
PG 504
~
SUBDIVISION AGREEMENT
FOR
OBLOCK TOWNHOUSES
THIS AGREEMENT is made and entered into as of the l day of 6c:-r::
1990, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation and
home rule city (hereinafter referred to as "City"), and HOWARD BASS and HARRIS A.
CAHN (collectively sometimes referred to as "Bass-Cahn Properties" and hereinafter referred
to as "Owner"), with reference to the following:
RECITALS
WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Final Subdivision Plat (hereinafter referred to as the "Plat") concerning the
construction of fourteen (14) fully self-contained dwelling units (comprising nine 3-bedroom and
one 2-bedroom free market units and four studio accessory dwelling units) on real property
owned by Owner more fully described as being (hereinafter referred to as the "Property"):
Lots D, E, F, G, H, I, and N, 0, P, Q, Rand S,
Block 112
CITY AND TOWNSITE OF ASPEN
PY.naNCOUNTY,COLORADO
The foregoing described project is to be known as the Oblock Townhouses and will be
hereinafter referred to as the "Project";
WHEREAS, on February 6, 1990, the Planning .and Zoning Commission of the
City of Aspen granted the conditional use application for four (4) accessory dwelling units for
the Project and recommended that the Aspen City Council grant subdivision approval for the
Project, and on April 9, 1-990, the Aspen City Council adopted its Ordinance No. 14 (Series of
,
#3269~10/08/90 14'37 Rec $145.0~k 631 PG 505
Sllvli avis, Pitkin Cnty CleF'k, '".:; $.00
'"------.....---
--..-....------.---.-
------.-.--.
1990), a copy of which is hereto annexed as Exhibit "A" ("Ordinance 14"), by which it granted
subdivision approval for the Project and conferred upon the Project a vested rightfor the 3-year
period next succeeding the effective date of the ordinance in accordance with and pursuant to
the terms of Section 6-207 of the Land Use Regulations of the City of Aspen;
WHEREAS, the Aspen City Council is willing to approve, execute and accept
the Plat for recordation on the condition that Owner agrees to all matters contained in this
Agreement;
WHEREAS, the City desires to impose certain conditions and requirements in
connection with its approval, execution and recordation of the Plat as are necessary to protect,
promote and enhance the public welfare;
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully
perform all of the conditions and requirements imposed by the City;
WHEREAS, pursuant to Section 7-1005 of the Land Use Regulations of the City
of Aspen, the City is entitled to assurances that the matters hereinafter agreed to will be
faithfully performed by Owner and his successor and assigns; and
WHEREAS, Owner is willing to provide such assurances to the City.
-2-
# 3269/"". 10/08/90 14,3,' Rec $145. <r'\BK 631 PG 506
Silvi~ Davis, Pitki.n Cnty Clerk,..Jc $.00
AGREEMENT
NOW, TIIEREFORE, in consideration of the foregoing Recitals, the mutual
covenants herein contained, and the approval, execution and acceptance of the Plat for
recordation by the City, it is mutually agreed as follows:
A. Construction Schedules
The City and Owner acknowledge that exact construction schedules cannot be
determined or agreed to at this time. It is, however, anticipated the construction of the Project
will begin no later than three (3) years from the vesting of the Owner's property rights in the
Project or by April 9, 1993. Thereafter, construction shall proceed apace in accordance with
the provisions of the Uniform Building Code, 1979 edition, as adopted and amended by the City
and codified in Article V, Section 7.140, et seq., of the Municipal Code of the City of Aspen,
Colorado. At the time of application for a building permit for any portion of the Project,
including the installation of Public Improvements, Owner shall provide the City Engineering
Department with a precise construction schedule for that particular phase of construction, to the
reasonable satisfaction of the Engineering Department and Chief Building Official.
B. Construction of Public Imorovements
Prior to and as a condition to the issuance of a Certificate of Occupancy for any
of the dwelling units comprising the Project:
1. Sidewalks. Owner shall install, to then applicable City specifications,
approximately 650 linear feet of concrete sidewalks in the public rights-of-way adjacent to the
-3-
#32699~D/08/90 14:37 Rec $145"00i~ 631 PG S07
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Durant Avenue, Cooper Avenue and West End Street frontages of the Project. The sidewalks
-_.~_._._-_.~--_._-_.~'_.~._--_._----._..._----_.._------~--'-._-_.__.._~--,------_._--
shall conform to the guidelines set forth in any Pedestrian Walkway And Bikeway Plan currently
in the process of being adopted, unless no such plan has been adopted by the time Owner
undertakes to install the sidewalks, in which event the sidewalks shall be installed in accordance
with the landscape plan, a copy of which is hereto annexed as Exhibit "B" (the "Landscape
Plan ").
2. Curb and Gutter. Owner shall install, to then applicable City
specifications, approximately 650 linear feet of curb and gutter along Durant Avenue, Cooper
Avenue and West End Street in the proximity of the Project.
3. Additional Imnrovements. Owner shall implement, to the reasonable
satisfaction of the City Engineer, the remaining improvements to be incorporated in and about
the Project listed as items 3-11, inclusive, in the letter dated August 6, 1990, from Schmueser
Gordon Meyer, Inc. ("SGM Letter"), a copy of which is hereto annexed as Exhibit "C".
4. Financial Assurances. Owner agrees to secure the performance of the
construction and installation of the foregoing described public improvements and to guaranty one
hundred percent (100%) of the estimated cost of such improvements, which estimated cost, as
approved by the City Engineer, is agreed to be $107,871.00, as more particularly set forth in
the SGM Letter. Owner shall guaranty such cost in the form of a cash escrow with the City,
or a bank or savings and loan association, or by an irrevocable sight draft or letter of
-4-
#32699~O/08/90 14,37 Rec $145.0~~: 63~ PG 508
Silvia .vis, Pitkin Cnty Clerk, D$.Ou
- -- --.~-"-'--- .------~---.,_._~-_._--,..._-
commitment from a financially responsible lender that funds in the amount of such estimated cost
are held by it for the account of Owner for the construction and installation of the foregoing
described public improvements. This guaranty shall be delivered to the City prior to the
issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable
to the City Attorney, and shall give the City the right, upon clear and unequivocal default by
Owner, to withdraw funds as necessary and upon demand, partially or fully to complete or pay
for any of the foregoing described public improvements or pay any undisputed outstanding bills
for work done thereon by any party, with any excess guaranty amount to be applied first to
additional administrative or legal costs associated with any such default before the unused
remainder (if any) of such guaranty is released to Owner. As portions of the required
improvements are completed, the City Engineer shall inspect them, and upon approval and
written acceptance, he shall authorize the release from the guaranty delivered by Owner of the
agreed estimated cost for. that portion of the improvements, as set forth in the SGM Letter,
except that ten percent (10%) of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer.
C. Imorovement Districts
In the event that any municipal improvement(s) of the kind contemplated in
Section 7-1004C.3. of the Land Use Regulations of the City of Aspen becomes in the sole
judgment or discretion of the City necessary or desirable. to the area of the Project, Owner will
make no objection to any special assessment or special tax or proceeding therefor on the basis
that the Property is adequately served by existing improvements or on the basis that the Property
will not be served or benefitted by the improvement(s) proposed; provided that any such
-5-
#326990 r-"'08/90 1.4, 37 Rec $1.45. 00 ~1 PG 509
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
assessment or tax accomplishes an equitable allocation of expenditures among the properties to
be served by the installation of such improvement(s). Furthermore, Owner agrees to join, upon
demand by the City, any improvement district formed for construction of such improvement(s)
including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks,
street lights, etc., in the area of the Project or to reimburse the City of Aspen directly, upon
demand therefor, if the City should choose to construct these improvements without the
formation of such a district; provided that any such reimbursement by Owner to City
accomplishes an equitable allocation of the costs of such improvement(s) among the properties
benefitted thereby.
D. Stonn Water Drainal!"e Plan
Prior to issuance of a building permit for any portion of the Project, Owner shall
prepare and submit, for the review and reasonable approval of the City Engineering Department,
a storm water drainage plan complying with the guidelines set forth in Section 7-1004C.4.f of
the Land Use Regulations of the City of Aspen, which plan shall include a demonstration that
the historic drainage pattern in the vicinity of the Project will not be adversely affected thereby
and that, in accordance with the Clean Water Act, all and any snow melt facilities, foundation
drains or outside floor drains incorporated into the Project are to be connected to a drywell or
the storm sewer. Evidence of the acceptance of such plan by the Engineering Department shall
be presented to the authority issuing the building permit.
E. Downstream Collection
The Aspen Consolidated Sanitation District (the "District") has, in response to the
approvals given by the City for the Project, conceived and implemented, at a cost of$67,500.95,
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#326' ' 1.0/08/90 1.4,37 Rec $1.45.; \ Bf< 631 PG 510
Silvia Davis, Pitkin Cnty Clerk, ODe $.00
a plan for the satisfactory mitigation of the anticipated impacts of the Proj ect upon downstream
sewage collection facilities. Prior to the issuance of a building permit for any portion of the
Project, Owner shall reimburse the District for the costs of conceiving and implementing such
plan or shall make suitably secure arrangements, satisfactory to the District in its reasonable
discretion, for the reimbursement to it on a deferred basis of such costs. Evidence of such
reimbursement or arrangement therefor shall be presented to the authority issuing the building
permit.
F. Re2ardin2 Existin2 Sewer Facilities in Alley.
Prior to the issuance of an excavation permit for anticipated excavation beneath
existing sewer facilities in conjunction with the tunnel to be installed to link the sub grade parking
facilities to be constructed on either side of the alley that bisects the Project site, Owner shall
demonstrate to the reasonable satisfaction of the authority issuing such excavation permit that
the plans for the tunnel and parking facilities have been reviewed and approved by the District
to its reasonable satisfaction and that any conditions made by the District to such approval have
been effectively incorporated into the plans.
G. Landscanin2 Imnrovements
Owner shall install landscaping within the Project consistent with the Landscape
Plan. The Landscape Plan depicts, inter alia, plant material, proposed treatment of ground
surfaces and other landscape features. Landscaping shall be completed in an orderly, logical
sequence consistent with planting seasons, climatological conditions and construction scheduling.
Owner agrees to ensure implementation of the Landscape Plan and its maintenance for the 2-year
period next succeeding its installation and to guaranty 125 % of the current estimated cost
-7-
#3269901~'8/90 14,3,' Rec $145.00 B~l PG 511
Silvia Da\.s, Pitkin Cnty CleF'k, Doc: ...00
'-_._.~--_._._,------,_._-------~-_...._--,,_.~-_.._--_..---n__ ,..- -~. ...-.--..._.____________._._.....___._..___.__._...._____ __ 00 "'_',._ _ __ ___ ..____~. ____._m____.__
thereof, which estimated cost, as approved by the City Engineer, is agreed to be $49,195.00,
as is more particularly set forth in the detail of landscaping costs hereto annexed as Exhibit "D" .
Owner shall guaranty such cost in the form of a cash escrow with the City, or a bank or a
savings and loan association, or by an irrevocable sight draft or letter of commitment from a
financially responsible lender. This guaranty shall be delivered to the City prior to the issuance
to Owner of a building permit for any part of the Project, shall be in a form acceptable to the
City Attorney and shall give the City the right, upon clear and unequivocal default by Owner,
to withdraw funds as necessary partially or fully to complete or pay for any landscaping
improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any
excess guaranty amount to be applied first to additional administrative or legal costs associated
with any such default before the unused remainder (if any) of such guaranty is released to
Owner. As portions of the landscaping improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the agreed
estimated costs for that portion of the improvements, except that ten percent (10 %) shall be
withheld until all proposed landscaping improvements are completed and approved, and an
additional twenty-five percent (25 %) shall be withheld, which shall be retained until the
improvements have been maintained in satisfactory condition for two years.
H. Removal and Relocation of Trees
Construction of the Project shall not impair, adversely affect or result in the loss
or removal of the six (6) large spruce trees on West End Street and those along Durant Street,
which trees are to remain where currently sited and survive construction activities associated
with the Project. No trees within the Project site with a caliper larger than 6" shall be removed
+
#326990 10/0~0 14:37 Rec: $145.00 Bf< 6:Y"'?G 512
Silvia Davis 'itkin Cnty Clerk, Doc: $.Ov
,- .----.--..-------,.--- .,. -----.---.----.----.'..--.-......--.--.-.....--....."
without a valid tree removal permit having first been obtained from the City. In conjunction
with the construction of the garage ramp for the Project, Owner shall seek the advice of and
shall confer with the City Parks Department concerning the relocation of the clump of large
evergreen trees that are to be removed and relocated off the Property to a site to be determined
by the City Parks Department. Owner shall arrange, through a qualified independent third party
acceptable to the City in its reasonable determination, for a cost valuation of the trees, and each
of them, to be relocated and, as a condition to obtaining a permit for the removal of the trees,
shall obtain and furnish a bond or other assurance or security device, the condition of which
shall be that if, within the 5-year period next succeeding the relocation of the trees, any tree
does not survive such relocation, the value of each such tree, determined as above-provided,
shall be paid to the City's Park Department for replacement vegetation.
I. Accessory Dwellinl!: Units
Owner shall construct four (4) Accessory Dwelling Units within the Project each
consisting of not less than 300 nor more than 850 square feet of net livable area (as defined in
the Land Use Regulations of the City of Aspen) and located within or attached to any four of
the principal residential dwelling units to be constructed within the Project, each of which
Accessory Dwelling Units shall meet the City's definition of a Resident Occupied Unit and be
rented for periods of six (6) months or longer. The owner(s) of any principal residential
dwelling unit to or in which any such Accessory Dwelling Unit is attached or located shall have
the right to place a qualified employee(s) of such owner's choosing in the appurtenant Accessory
Dwelling Unit; provided, however, that any or all of such Accessory Dwelling Units shall be
entitled to remain vacant and unoccupied should the owner(s) of the principal residential dwelling
-9-
#326990 I"""'Y08/90 14' 3~ R 1""'\.
'. .',. "-( eo: $145.00 I 631 F'G Sl::J
SIlvIa DaVIS, Fltkin Cnty Clerk, Doc $.00
unit(s) to which such Accessory Dwelling Unit is appurtenant so choose. None of such
Accessory Dwelling Units may be partitioned (through condominiumization or otherwise) from
the principal residential dwelling units to or within which such Accessory Dwelling Units are
attached or constructed. Prior to the issuance of a building permit for any portion of the
Project, Owner shall record in the Pitkin County, Colorado real property records a deed
restriction, substantially in the form hereto annexed as Exhibit "E" but, in all events, in such
form as shall be reasonably approved by the Aspen/Pitkin Housing Authority, confirming the
controlled housing nature of the four Accessory Dwelling Units to be incorporated into the
Project.
.T. Non-Compliance and Reauest for Amendments
or Extensions bv Owners
In the event the City Council determines that Owner is not acting in substantial
compliance with the terms of this Agreement, the City Council may issue and serve upon Owner
a written order specifying the alleged non-compliance and requiring Owner to remedy the same
within such reasonable time as the City Council may determine. Within twenty (20) days of the
receipt of such order, Owner may file with the City Council either a notice advising the City
Council that it is in compliance, or a written petition requesting a hearing to determine anyone
or both of the following matters:
(i) whether the alleged non-compliance exists or did exist, or
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#326990 10/0~p 14: 37 Rec $145.00 ElK 631"-',,:8 514
Silvi.a Davis, itld.n Cnty Cler-k, Doc $.0',.
,,"--- ,.--. - --.-. - --. - --.-'-.---..'.'--", .--------~...._--- - -...""---...________..____m_____
(ii) whether a variance, extension of time, or amendment to this Agreement
should be granted with respect to any such non-compliance which is
determined to exist.
Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider
the matters set forth in the notice and in the petition. The hearing shall be convened and
conducted pursuant to the procedures normally established by the City Council for other
hearings. If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval granted herein shall be issued without a
finding by the City that substantial evidence warrants such action and affording Owner a
reasonable time to remedy such non-compliance. A final determination of non-compliance,
which has not been remedied or for which no variance has been granted may, at the option of
the City Council, and upon written notice to Owner, terminate any of the approvals contained
herein which are reasonably related to the requirement(s) with respect to which Owner has failed
to comply. Alternatively, the City Council may grant such variances, extensions of time or
amendments to this Agreement as it may deem appropriate under the circumstances. In addition
to the foregoing, Owner or its successors or assigns, may on his or their own initiative petition
the City Council for a variance, an amendment to this Agreement or an extension of one or more
of the time periods required for performance under construction sChedules or otherwise. The
City Council may grant such variances or amendments to this Agreement or extensions of time
as it may deem appropriate under the circumstances.
-11-
#326990 10/0~' 14,37 Rec $145.00 BK 63~B 515
Silvia Davis;. J.tkin Cnty Clerk, Doc $.0':, .
K. Miscellaneous Provisions
1. Notices. Notices to be given to the parties to this Agreement shall be
deemed given if personally delivered or if deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated below, or at such other addresses as may
be substituted upon written notice by the parties or their successors or assigns:
If to City of Aspen:
City Manager
130 S. Galena Street
Aspen, CO 81611
If to Owner:
Bass-Cahn Properties
P.O. Box 5078
Aspen, CO 81612
With a Copy to:
Robert W. Hughes, Esq.
Oates, Hughes & Knezevich, P.C.
533 E. Hopkins, Third Floor
Aspen, CO 81611
2.
Ordinance 14 to Survive. Any of the terms and conditions to the
approval of the Project or obligations on the Owner's part to be performed as set forth in
Ordinance 14 not specifically addressed in this Subdivision Agreement shall nonetheless survive
the execution, delivery and recordation of this Subdivision Agreement and the performance of
Owner's obligations hereunder, shall burden the Project, shall run with the title to the Property
and shall be binding upon Owner, Owner's successors, grantees and assigns as fully, for all
intents and purposes, as though such terms, conditions or obligations were set forth in full
herein.
-12-
#326990 10/~90 14'37 Rec $145.00 BK ~
Silvia Davi ,Pitkin Cnty CI.rk, Doc $~UO PG 516
3. Hindi"!! Clause. The provisions hereof shall run with and constitute a
burden upon the title to the Property and shall be binding upon and shall inure to the benefit of
Owner and the City, together with their respective heirs, personal representatives, successors,
grantees and assigns.
4. ADDlicable Law. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen.
5. Severability. If any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section of the application thereof in any circumstance is
invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and
the validity of any such provision, paragraph, sentence, clause, phrase, word or section under
any other circumstances shall not be affected thereby.
6. Entire A!!reement - Amendment. This Agreement contains the entire
understanding and agreement between the parties hereto with respect to the transactions
contemplated hereby and may be altered or amended from time to time only by written
instrument executed by each of the parties hereto.
7. AcceDtance of Plat - Ratification by Owner. Upon execution of this
Agreement by all parties hereto, the City agrees to approve and execute the final subdivision
exception plat for the project and to accept the same for recordation in the recording office of
-13-
#326990 10/~90 14:37 Rec $145.00 BK ~ PG 517
Silvia Davis, Pitkin Cnty Clerk, Doc ..~~
Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner.
For his part, Owner hereby ratifies and confirms each and every representation and public
dedication made and set forth by Owner on said plat.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written.
,- .; \ \ ' " I ~ ' ' .' ,
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'A1>~p~~,~;4o FORM:
~YY1.~
Edward M. Caswall,
City Attorney
TIlE CITY OF ASPEN, COLORADO, a
m__~
BY~~
William L. Stirling, Mayor
O~~
- I '/ _...~_._ I ~ -r-ro'r<.N l21 - IN . j=6...,,'T
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Harris A. Cahn
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
~ - The foregoing instrument was acknowledged before me this j'W.J day of
~, 1990, by TIlE CITY OF ASPEN, COLORADO, a municipal corporation, by
WILLIAM L. STIRLING, Mayor, and by KATHRYN S. KOCH, City Clerk.
, II. fflTNE,SS my hand and official seal.
/ ~ ~ t . , . . . My::commission expires: MyOommlsslon explroaW2711l2
~;(m~) ,,',! ,...'.1 ....,", '.) /l /)
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(Notarial Clauses continued on Page 15, following)
-14-
""':32699<) 1?"",!.8/9() 14, 37 Rec $145. ()() BI'~1 PG 318
Silvia D. A, Pitkin Cnty Clerk, Doc ..00
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
1"1.,&...L _ . T .he foregoing instrument
~, 1990, by Howard Bass.
was acknowledged before me this
~
day of
WITNESS my hand and official seal.
~"~ \.),~.";;.:;,~M:r/fO.. mmission expires: an... .
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STAIifECOF COLORADO
COUNTY OF PITKIN
)
) ss.
)
On,.... L_,T .he foregoing instrument was acknowledged before me this ~ day of
~, 1990, by Harris A. Cahn.
,.",;i;':;"';!!" , , .
.'\'" i L.\ ,Y\Il:fNESS my hand and officIal seal.
",,~,~~,"B''''~iYJ~!?mmission expires: t'l.MAr ~.
?:lt$EAl-1 .,.. O"';..~ -
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It.326990 10108/90('"<1/37 Rec $1L1.5.00 BK 631 P~9
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EXHIBIT "A"
)
ORDINANCE NO. 14
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND
VESTED RIGHTS FOR LOTS O-I AND N-S, BLOCK 112
,
WHEREAS, pursuant to Section 3-101 of the Aspen Land Use
Code, a development application requires subdivision review for
land to be used for condominiums, apartments or any other
multiple-dwelling units; and
WHEREAS, pursuant to Sections 8-104 and 7-1004 the
Commission reviewed the request for conditional use review for
accessory dwelling units and sUbdivision; and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
February 6, 1990 to consider the conditional use review and.
subdivision review. application, at which time the Commission
reviewed the application; and
WHEREAS, the Commission considered the representations and
commitments made by the applicant an\,! approved the conditional
use for four accessory dwelling units with conditions; and
WHEREAS, the Commission recommends to City Council
subdivision approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY PFASPEN , COLORADO:
Section 1:
That it does hereby grant subdivision for Lots D-I and N-S,
Block 112.
1
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#326990~08/90 14,37 Rec $145.00 ~631 PG 521
Silvia DaVis, Pitkin Cnty Clerk, DOC'$.O(~_ _____
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"
4.
Prior to issuance of a buildirig permit the applicant shall.
submit a storm water drainage plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited to, demonstration that the historic drainage pattern will
not be affected and all snowmelt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance with the Clean Water Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the pUblic right-of-way and
blocks public use of the sidewalk area.
6. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the city.
7. Prior to recordation of the subdivision agreement and final
plat, the applicant shall submit documentation to the Planning
Department demonstrating that downstream collection constraints
can be. mitigated to the satisfaction of the Aspen Consolidated
Sanitat~on District.
Tn.e actual cost. ,and. financial guarantee
shall be incorporated into the subdivision agreement.
8. Prior to the issuance of an excavation permit, the tunnel and
underground garage design shall be approved by the Aspen
Consolidated Sanitation District.
(
9. The 6 large spruce trees on West End Street and those along
Durant shall not be removed. Removal of any tree larger than 6"
in caliper shall require a tree removal permit.
10. The applicant shall work with the Parks Department to
3
#3269~10/08/90 14,37 Rec $145.0~K 631 PG 523
Silvia 4vis, Pitkin Cnty Clerk, t_J $.00
"'-\ provision and such holding. shall not affect the validity of the
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remaining portions thereof.
section 6:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the /,;2~
#/r./l A Ji-l---- , 1990.
day of
~.~
ATTEST:
, /' ,
"~h:'"
or
FINALLY, adopted, passed and approved this
~, 1990. . ./'f./
~~,
William
~ day of
ayor
5
#3269~'10/08/90 14,26 Rec $20.0~ 63~.PG 500
Silvia Davis, Pitkin Cnty Clef'k, ~~_~,.~)_O___._.____
ENCROACHMENT AGREEMENT
THIS AGREEMENT made and entered into this ~ dayOf Oc.-r. ,
1990, by and between the CITY OF ASPEN, Pitkin County, Colorado (hereinafter referred to
as "Aspen") and HOWARD BASS and HARRIS A. CAHN, sometimes known as Bass-Cahn
Properties, and hereinafter collectively referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described property located
in the City of Aspen, Pitkin County, Colorado:
Lots D, E, F, G, H, I, N, 0, P, Q, Rand S,
Block 112
City of Aspen, Pitkin County, Colorado
(hereinafter the "Project Site").
WHEREAS, said property abuts the public alley running generally east-west that
bisects Block 112, City of Aspen, Pitkin County, Colorado, and connects West End and Original
Streets.
WHEREAS, Licensee desires to encroach upon and below said right-of-way in
order to construct (including excavation), maintain and thereafter utilize for its intended purpose
a below-grade vehicular and pedestrian tunnel, which is to connect two below-grade parking
facilities to be constructed on the Project Site on either side of the alley.
WHEREAS, Aspen agrees to the grant of a private license of and for an
encroachment to be built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement hereinafter contained,
Aspen and Licensee covenant and agree as follows:
1. A perpetual private license is hereby granted to Licensee to occupy,
maintain and utilize the above-described portion of the public right-of-way and beneath it for the
sole purpose described.
2. This license shall be subordinate to the right of Aspen to use said area for
any public purposes.
3. Licensee is responsible for the maintenance and repair of the public right-
of-way, together with improvements constructed therein, which Aspen, in the exercise of its
discretion, shall determine to be necessary to keep the same in a safe and clean condition.
4. Licensee shall at all times during the term hereof, carry public liability
insurance for the benefit of the City with limits of not less than those specified by Section 24-10-
#3269~.O/08/90 14,26 Ree $20.00~. 631 PG 501
Silvi~ avis, Pitkin Cnty Clerk, L__ ..00
114, C.R.S., as may be amended from time to time, naming the City as co-insured. Licensee
shall maintain said coverage in full force and effect during the term of this License and shall
furnish the City with a copy of such coverage or a certificate evidencing such coverage. All
insurance policies maintained pursuant to this Agreement shall contain the following
endorsement:
It is hereby understood and agreed that this insurance policy may
not be canceled by the surety until thirty (30) days after receipt by
the City, by registered mail, of a written notice of such intention
to cancel or not to renew.
5. Licensee shall save, defend and hold harmless against any and all claims
for damages, costs and expenses, to persons or property that may arise out of, or be occasioned
by, the use, occupancy and maintenance of said property by Licensee, or from any act or
omission of any representative, agent, customer and/or employee of Licensee.
6. This License may be terminated by Licensee at any time and for any
reason on thirty (30) days' written notice of Licensee's intent to cancel. This License may be
terminated by Aspen at any time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensee shall, at Licensee's expense, remove
any improvements or encroachments from said property. The property shall be restored to a
condition satisfactory to Aspen.
7. This License is subject to all state laws, the provisions of the Charter of
the City of Aspen as it now exists or may hereafter be amended, and the ordinance of the City
of Aspen now in effect or those which may hereafter be adopted.
8. Nothing herein shall be construed so as to prevent Aspen from granting
such additional licenses or property interests in or affecting said property as it deems necessary.
9 . The conditions hereof imposed on the granted license of encroachment
shall constitute covenants running with the land, and binding upon Licensee, their heirs,
successors and assigns.
10 In any legal action to enforce the provisions of this Agreement, the
prevailing party shall be entitled to its reasonable attorneys' fees.
11. If the structure for which this License was issued is removed for any
reason, Licensee may not rebuild in the same location without obtaining another encroachment
license.
12. As soon following the construction of the tunnel as is practical, Licensee
shall furnish Aspen with a complete set of "as built" plans and specifications for the tunnel and
a centerline description of the area of the alley below which the tunnel is constructed, which
2
~ #326988:10/08/90 14:26 R~$20.00 BK 631 PG 502
' Sl.lvla Davis, Pitkin Cnt'. .:l.er'k, Doc: $.00
.-,. --._"._----~._-_.._---_.__.-
-----,,-------.
---"-'" ---...__._-~_._.__._--
centerline description shall, as well, be incorporated into an Addendum to this Encroachment
Agreement making specific reference hereto. Such Addendum shall be executed by the parties
hereto and shall be placed of record in the Pitkin County, Colorado real property records.
IN WITNESS WHEREOF, the parties executed this Agreement at Aspen the day
and year first written.
CITY OF ASPEN, COLO
I' -
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By ~
William Stirling, M yor
-'xI~
och, City Clerk
LICENSE~
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Hrard ]bb-
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Harris . Cahn /I. .
A.
STATE OF COWRADO )
) s.
COUNTY OF PITKIN )
n.ld'L ~ The foregoing instrument
~, 1990, by Howard Bass..
was acknowledged before me this ~ day of
,;""
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WITNESS my hand and official seal.
My commission expires: ~ 1 '<<~
.
(Notarial Clauses continued on Page 4, following)
3
~26988 10/08/90 14,26 Rec ~O.OO BK 631 PG 503
" .lvia Dc\vis, Pitkin Cnty ( }'k, Doc $.00
,. _..__._.....".~-_..__.__.."---~-,.,- ----".._~-,.._~-_.-
STATE OF COLORADO )
) s.
COUNTY OF PITKIN )
1'\.&........ " The foregoing instrument was acknowledged before me this
~, 1990, by Harris A. Cahn.
.1
day of
,
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My commission expires:
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#326990 1.0/08/90'-\ 37 Rec $1.45.00 BK 631 \~F'G ...24
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EXHIBIT
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P.O. Box 2155
Aspen, Colorado 81612
(303) 925-6727
CONSUL TlNG ENGINEERS & SURVEYORS
August 6, 1990
#326990 10/08/90 14, 37 Rec $J.45.00 BK 631 PG 525
Silvia Davis, Pitkin Cnty Clerk, Doc ..00
Mr. Sunny Vann
Vann Associates, Inc.
230 E. Hopkins
Aspen, Co. 8161 I
RE: Oblock Property
Estimated Cost of Pub I ic Improvement2
Dear Sunny:
This letter is in follow-up to our discussion of July 19, 1990 regarding a
schedule of costs for public improvements for the Oblock Property. I have
identified pUblic improvements pursuant to Aspen Municipal Code, Section 7-
1004C.3.A. and have included only improvements that wil I provide an upgrade of
existing main uti I ity I ines or improvements within the right-of-way, such as
curb, gutter, sidewalk and pavement. I have not included in these cost estimates
service lines, or cost elements such as demolition, on the bel ief that the city
would not undertake demolition work in the event the project did not commence.
I would anticipate that financial guarantees wi II be required pursuant to Aspen
Municipal Code, Section 7-1005.0. requiring a guarantee for 100%of the estimated
cost of public improvements. As you know, the City Engineer wil I need to sign
off on both the list of improvements and the estimated costs thereof.
Public improvements relevant to the Oblock Parcel include the fol lowing:
1.
Sidewalk - 650 In. ft. x 5 ft. wide =
361 sq.yd. @ $25 sq.yd.
$ 9,025
Base course 361 sq. yd. x .11 yd. =
40 cubic yds. x 2 ton/cu.yd. = 80.22
tons @ $18/ton
$ 1,444
Handicap ramps 2 each @ $400
$ 800
Subtotal-Sidewalk
ill...~70
2.
Curb and gutter 650 In. ft. @ $13
per In.ft.
1.-8,450
3.
Alley pavement 200 In.ft. x 20 ft.
wide = 444 sq.yd @ 3" depth = 37.04
cu.yd. x 2 ton/cu.yd. = 74.08 tons @
$50/ton
$ 3,704
1512 Grand Avenue, Suite 212 . Glenwood Springs, Colorado 81601 . (303) 945-1004
......)-"o.,...,.v .lVr;;:/'7U 14: 37 Rec: $145.00 BI<""~ PG 526
Silvia Day ; Pitkin Cnty Cler'k, Doc ( ))
'-----
August 6, 1990
Mr. Sunny Vann
Page 2
Base course 444 sq.yd. x 6" = 74.07
cu.yd. x 2 ton/cu.yd. = 148.15 ton x
$18/ton
$ 2,667
$ 1,500
Prep subgrade
Subtotal-Paving
i 7.871
4.
Street lights - Aspen Antique style
6 each at $3750
$22.500
5. Wa ter line - as you may reca II based on discuss ions wi th Jim
Markalunas of the Aspen Water Dept. on August 16, 1989, he indicated
that we would be permitted to tap an existing 14 inch main in the
Cooper Avenue right-of-way with an 8 inch ducti Ie I ine main
extension along West End Street for possible future interconnect by
the City of Aspen. This short main extension, which I would now
estimate at approximately 75 feet in length, would represent a
portion of a publ ic water system improvement allowing a future
interconnect to Durant Avenue. The estimated cost of this main
extension is as follows:
75 In. ft. 8" VIP main @ $35/ln.ft.
$ 2,625
$ 275
8" Tee, I each @ $275
Tie in to existing main(Lump sum)
$ 1,000
8" plug, I each @ $150
$ 150
$ 675
8" gate valve, I each @ $675
Pavement repair 75 In. ft. x 20 ft. =
167 sq.yd. x .11 yd. = 18.56 cu. yd. x
2 ton/cu.yd. = 37 tons @ $50/ton
$ 1,855
Subtotal, water main extension
$ 6,58Q
6. Electric Extension - As you may recal I, in a discussion with Don
Gilbert, the City's Electric Superintendent on August 18, 1989, he
indicated that the project would require an extension of 3 phase
primary from Original Street along the existing al ley. He further
indicated that any existing lines in the area of the proposed tunnel
wi II require placement in conduit. Electric system improvement
estimates are as fol lows:
#32699010/08/90 14 ~
Silvia ~s Pitv.'3C" Rec $145.00 ~31 PG 527
, ..Hl "nty Clerk, DOL ..00
August 6, 1990
Mr. Sunny Vann
Page 3
3 phase primary in conduit 250 In. ft.
@ $40/ln.ft.
Service transformer I each @ $15,000
$10,000
$15,000
70 In. ft. single phase in conduit
@ $30/ln. ft.
$ 2,100
connection to existing system (Lump Sum)
Subtotal electric improvements
$ 2,000
129,100
7. Sanitary Sewer Line replacement. The following estimate is for
replacement of the sewer I ine in the area of the tunnel
construction. The sewer I ine replacement is the first of several
i tems that are requ ired in terms of re I oca t ions over the tunnel
structure and would seem appropriate for financial assurance with
the City in the event tunnel construction work were commenced, but
not completed,by the developer. You wi II note that I have not
included any estimates under the sewer line category for off-site
improvements such as an upgrade of the I ine in the alley behind
Crossroads Drug. I have also assumed that we will not disturb the
existing manhole in the middle of the al ley adjacent to the Oblock
parcel. Sewer replacemnt costs are as tol lows:
50 In. ft. PVC sanitary sewer @
$35/ln. tt.
$ 1,750
Temporary rerouting of sewer
flows around the tunnel project
(Pavement replacement is covered by the
al ley paving item 3 above)
Total sewer line replacement
$ 2,500
$ 4.250
8.
Phone I ine in conduit 70 In. ft.
@ $IO/In.ft.
$ 700
9.
Gas line replacement 70 In.ft.
@ $15/ln.ft.
$ 1,050
Temporary routing around the project
si te
Tota I for gas line
$ 1,000
Lg,05Q
"'.:l:'::o""",,'.' lO/08/~14' 37 Rec $145.00 Bf< 631 .~ 528
Silvi.a Davis, f..,I<i.n Cnty Clerk, Doc $.00
August 6, 1990
Mr. Sunny Vann
Page 4
10.
Cable TV in conduit 70 In. ft.
@ $IO/In.ft.
L 70Q
II. Backfil I tunnel excavation. While not a publ ic improvement under
the normal definition, it would seem appropriate to consider the
possible expense associated with restoring the tunnel excavation in
the event the developer begins such work within the pUblic right-of-
way but is unable to complete it for some reason. I would
anticipate that the City would want funding avai lable to provide
structural backfi II within the excavation for the tunnel and restore
the alley to its prior condition. Given the depth of the tunnel
structure, I would view the worst case condition as a
fully excavated hole for the tunnel structure that would require
backfi II by the City or the City's contractor to restore the al ley.
The estimated cost of this work is as fol lows:
Placement of 1200 cu.yd of
structural fill @ $12/cu.yd.
$14.40Q
Total estimate for all publ ic
improvements
$107...W
As we discussed in our meeting of July 19th, it is entirely possible that the
developer wi II decide to place a higher level of improvements in the al ley or
on the sidewalks fronting the property. From the standpoint of financial
assurances however, it seems appropriate to provide guarantees for the standard
level of publ ic improvements required or instal led by the City itself. You may
wi sh to refer to my let ter to you of August 24, 1989 regard i ng spec i a I cond it ions
and options with respect to publ ic improvements.
I hope this letter will be adequate for cost estimate purposes for the financial
assurance requirements for the City of Aspen. Please feel free to contact me if
I may provide additional information or detail regarding these cost estimates or
discuss amendments with you.
Respectfully submitted,
~~tJ1t~' ~
J y W. Hanmona, .E.
rincipal-Aspen Office
JH/ja9181
#326990 10/08/90 14, 3~~'. c $145" 00 Bf< 631
Sllv.a Da' P't'. . ,
~____ VIS,. ""n / Cler'k, Doc $.00
Julia Marshall. Landscape Architect
OB..OCK
LANDSCAPE COST ESTIMATE
AUGUST 26, 1990
TREES:
Aspen:
Mountain Ash:
White Fir:
Western River Birch:
Spruce:
Cottonwood:
SCO:
PERENNIALS:
G~
TOPSOil:
lAOOR:
(5) Single stem 2" caliper
(5) Multi stem 2" caliper
(18) Single stem 2" caliper
(12) 12'
(18) 4'-5'
(4) 12'
(5) 2" caliper
15,600 square feet
50 square feet
3,280 square feet
235 cubic yards
PG S29 ,~
EXHIBIT "0"
MT. DALY ENTERPRISES
Post Office Box 5010
Aspen, Colorado 8 j 6 12
303.925.1624
@ $140.00 ea. $700.00
@ $175.00 ea. $875.00
@ $250.00 ea. $4,500.00
@ $500.00 ea. $6,000.00
@ $125.00 ea. $2,250.00
@ $550.00 ea. $2,200.00
@ $225.00 ea. $1,125.00
----------------------------
TREE TOTAL: $17.650.00
@ .35/square foot $5,460.00
@ $6.00/square foot $300.00
@ $3.75/square foot $12,300.00
@ $15.00/cubic yard $3.525.00
$9,960.00
----------------------------
TOTAL:
$49,195.00
1t~526990 10/08/90 ~T? Rec $1.45.00 BI< 631 F'G ,n
Silvia Davis, Pitk Cnty Clerk, Doc $.00
._u~._.....__~.____.~____._,_____._____.._~_'__._~
EXHIBIT "E"
DEED RESTRICTION FOR
ACCESSORY DWELLING UNITS AT
OBWCK TOWNHOUSES SUBDIVISION
THIS DEED RESTRICTION is made and given as of the _ day of
, 199 _,by HOWARD BASS and HARRIS A. CARN (collectively "Owners")
with reference to the following:
WITNESETH:
WHEREAS, Owners are the record owner of the following described real
property situate in Pitkin County, Colorado, to wit (the "Property"):
Lots D, E, F, G, H, I and N, 0, P, Q, Rand S,
Block 112,
CITY AND TOWNSITE OF ASPEN
WHEREAS, Owners have proposed the construction on the Property of fourteen
(14) fully self-contained dwelling units consisting of nine 3-bedroom and one 2-bedroom free
market units, and four studio Accessory Dwelling Units.
WHEREAS, pursuant to the provisions of that certain Subdivision Agreement for
Oblock Townhomes recorded in Book _ at Pages _, et seq., of the Pitkin County, Colorado
real property records, Owners are required at this time to deed restrict the Accessory Dwelling
Units to be constructed within the project in the manner hereinbelow set forth.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration, the receipt, sufficiency and adequacy of which hereby are
acknowledged, Owners hereby declare, covenant and agree for themselves, their successors,
grantees and assigns, that the following shall run with the title to the Property, shall be a burden
thereupon and shall be enforceable by the City of Aspen against anyone now or hereafter owning
any manner of record interest in the Property, to wit:
1. When constructed, the four Accessory Dwelling Units approved for the
Project shall contain not less than 300 nor more than 850 square feet of net livable area [as
defined by the Regulations of the Aspen/Pitkin County Housing Authority ("Housing
Authority")], and each Accessory Dwelling Unit shall be attached to or constructed within one
of the remaining ten free market residential units.
2. While occupancy of the Accessory Dwelling Units, or any of them, shall
not be mandatory and there shall be no obligation on the part of the owner(s) of any of the
Accessory Dwelling Units to rent the unit, if any Accessory Dwelling Unit is rented: (i) the
owner of the principal residence within or to which the Accessory Dwelling Unit is constructed
or attached shall have the right to place a qualified employee(s), as hereinafter defined, of such
#326990 10/~0 14:37 Rec $145.00 BK 6~G 531
Silvia Davis, ~itkin Cnty Clerk, Doc $.0v
owner's choosing in the unit, (ii) no tenancy shall be shorter in duration than six (6) consecutive
months, and (iii) the occupant(s) must be a resident of Pitkin County, Colorado, at the time of
his or her qualification through the Housing Authority and/or employed in Pitkin County for a
minimum of thirty (30) hours per week, nine months of the year, at the time of qualification and
must continue to meet such residency, occupancy and profile requirements throughout his or her
occupancy of the Accessory Dwelling Unit. The rent that may be charged for any of the
Accessory Dwelling Units may be whatever shall be negotiated between the owner thereof and
the occupant(s), without regard to the income level of the occupant(s) or any other rental price
restriction of the Housing Authority.
3. None of the Accessory Dwelling Units may be partitioned (through
condominiumization or otherwise) from the principal residential dwelling units to or within
which such Accessory Dwelling Units are attached or constructed.
4. Neither this deed restriction nor any of the covenants contained herein shall
be modified, released or waived in any respect except by written instrument executed by both
the Owners, or the Owners' successors, grantees or assigns, and the City of Aspen, Colorado,
and duly recorded in the Pitkin County, Colorado real property records.
IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the
day and year first above written.
OWNER:
Howard Bass
Harris A. Cahn
STATE OF COLORADO )
) s.
COUNTY OF PIT.KIN )
The foregoing instrument was acknowledged before me this
, 1990, by Howard Bass.
day of
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
(Notarial Clauses continued on Page 3, following)
2
.'-". .1"""\
#326990 10/0S; ~ 14:37 Rec $145.00 Bf( 631 .3 $S2
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
----------"----_..~_._..._-"'._-_....---
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _ day of
, 1990, by Harris A. Kahn.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
agmts\deed.res
3
FEB 15 '94 10:23AM ASPEN HOUSING OFC
#:561562 0~/29/9';$iO,}5 Rei: $2(J.OO ElK
Silvia D~vi.,~~t~in c~t~Clerk~~~~
""---------..
P.1
725 F'G 366
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I.cc.ssoay Dpr.r.IIICJ ma~ DEED US~aICTIOH
I.nBO'91lD tuasUWl'fO OaJ)I1D.1IOB $0.. (CO"I.I111 IDILL).
OJtl)DI~CB on (BQUSIHG Rn:DCBMlHT PROGJWl). UD
SBCTlOH 5-5:1.0 OJ' UB ASPBH.CI!l'Y LDn USB CODJ!l.
RBSOLU!l'IOII 'IO-~ iND ORDINANOE '10-:1..
'fEU I.CCBSSORY DDLLIIIG V.% is made and
entereel into this ~J.-1) day of ' 1993, by
Howard Bu. and Harris ~. Cahn "Coventorsl/) for itself, its
. succe.sors and ass1(,Jns, for the benefit. of the city of Aspen,
colorado, a municipal corporation, an.d the Aspen/Pitkin county
Houdng Authority, a mu1ti-jurisdictio.nal housing authority
established pursuant to the AMEN[)ED AND RESTATED INTERGOV8:RNMENTAL
AGREEMENT recorded in Book 605 at Page 751 of the records of the
pitkin County Clerk and Recorder's Office ("Authority").
1IJIERBI... Coventor ownll .that parcel of real proplarty located at
see Exhibit "A" attached heret". ' . in 'the ci'ty of Aspen, county of
Pitkin, Colorado, more specifically described as Lo~. D-1, Block
112 (parcal B) upon which is situate ~ free market dwelling and
cont.ain within this dwelling a studio consisting of 350 net
liveaJ:)le square feet to tIe classified as an aocessory dwelling uni~
("Unit"): and
impose cer~ain
as an accessory
1nlEUf\', coventoJ:l aqrees to accept and
conditions on i~. use and occupancy of the Unit
dwel1inq unit under the Aspen Municipal Code.
HOW. ~RlrORB. in consideration of the mutual promises and
obliga'tions con'tained where, the coventor herel:ly covenant. and
agrees as fOllows:
1.
The Unit as identified hereinal:love shall not be
condominiumized and, if rented, .hall l:le rented only in
accordance with the guidelines as adopted anc! as may be
amended from time to time ))y the Authority governing
"resident-occupied" dwelling units.
coventor need not rent the uni't: however, when ren~ed, only
qUalified residents, as defined in the Housing Guidelines,
shall reside therein and all rental terms shall l:le fore a
period of not less than six (6) oonsecutive months. CQventor
shall maintain tne riqh't: to selec~ the qUalified resident of
its own ch9,osing when renting the Unit. An executed copy of
all leases for the Unit shall tIe sUbmitted to the Authority
within ~.n (l~) days of the approval of a.qualified resident.
The covenants and limitations of this deed restriction shall
run with and be bindinq on the land for tbe benefi~ of the
city of Aspen and 'the Authority, either .of whom ~y enforce
the provisions 'thereof through any proceedings at law or in
equi'ty, inclUding eviction o~ non-complvinq tenants.
2.
3.
".
ca;
Pep!.
pt'lGnl'
Fad
FaJC"
FEB 15 '94
10:24AM ASPEN HOUSING OFC
#361562 0"1/'2.'7/93 1011:5 Rille: $20.00BK 7Z1 FOS 367
,Sil'Via Oa."il';, F'i'\:kin Cnty Cllllrk, Doc $.00
_~_ ", ~._ 'M___' .,..--...-------..-----...--.-..
P.2
. .
.
.
" . It. 1_ uncterstoo.4 and a~reed. by thl! coventor that no waiver of
a ~~each of any term or co~di~ion as contained in this deed
re.triction shall be construed to be a waiver of any breach of
the sallie or other tal'lll. or condition, nor shall failure t.o
.nforoe any Qne of the. terme or conditions, either by
forfeiture or otherwise, be canetruea as a waiver Of any tel'lll
or condi~ion.
IN W%'HESS BEREOr, Coventor has placed it. duly authorized
signature hereto on the date aa aescribed above.
COVENTOR:
....~..
By:
~
Harris A. Cahn,Coventor
--
Mailing Addressl
Butch (. Sundance Investlllents, Inc.
c/o Chuck Bellock
1400 28th street, suite 1
Boulder, CO 80302
STATE OF C't:.\~f\~C;;)
COUNTY ?\\K'I~'
)
)
)
-"
"
. 56.
day
Th~~9oin9 instrument waS acknowledqed before me
of ~ ,19g, by Howard Bass and ijarris
WITNESS MY hand ana official seal.
Cat 1C1 /ej'l
Date I' (
th1s~~~
A. Cahn,
My COlllllliasion
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FEB 15 '94 10:24AM ASPEN HOU5I~G arc
*~~1562 09/29/93 10;1S Rmc 120.00 SK 725 PG ~68
Silvia Davis, .Pit.kin Cnty Clerk, Doc $.00
__w__-------:--.- -------- ..-...----'"
.
).C!CBPT>>ICBBY HB HOUSIJl13 ).UTHOR:!:TY
P.3
The fareqoinr; aqreement an4 i.ts terms are accepted by the
Aspen/pitkin county Housinq AUthority. .
The~Oreqoinq instrument was acknowledged ~efore ma thi_ ;?~~
of ~,lt..."h.- , 19i2., by D8"id J. Mv'ler.
WITNESS MY hand and. official seal.
~ " .
My commission expires& 1~~-1~
Date
By:
Mailing Ac!dreaa:
530 East Main street, suite 001
Aspen, CO 81611
STATE OF COLORADO. )
) SSe
COUNTY OF PITKIN )
day
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1361562 09/29/93 10:15 Rec$20.00 BK 725 PG 36.
glilvill P.'Itll!.-F'i!;kin Cnty S1:...!:~ Dac $.00 ,~
.
EXHIBIT A
UNIT ~ THREE
ADU 843 East Coopel" Avenue, 841 East Coopu
See Site Plan ADl.l Obloclc TowDhomes