HomeMy WebLinkAboutcoa.lu.su.Pitkin Reserve
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OOOK423 .. FACE 417
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P. U.D. AND SUBDIVISION AGREEMENT LORETTA BANNER .
PITKIN cn. RECORDER
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FOR
PITKIN RESERVE
MAR II 2 1f3 FM'8Z
This P~U.D. d Subdiv' ;~on
entered into thi .' day of./~} ,1982, by and
between THE CITY ASPEN, COLORADO, a Mun'cipal Corporation
(hereinafter referred to as "City"), PITKIN LIMITED, a
Colorado corporation (hereinafter referred to as "the Owner"),
and Aspen Mountain Park, a Colorado general partnership
(hereinafter referred to as "AMP)
RECITALS
1. The Owner has submitted to the City for
approval, execution and recordation, the final plat and
development plan of a tract of land situate within the City
of Aspen, Colorado, legally described on Exhibit "A" attached
hereto and incorporated herein by this reference, and desig-
nated as "Pitkin Reserve" ("The Plat"); and
2. The City has caused the annexation of the
real property covered by the Plat to the City of Aspen and
resulting zoning of the property to R-30/PUD; and
3. The City has fully considered The Plat, the
proposed development, the improvement of the land and the
burdens to be imposed upon other adjoining or neighboring
properties by reason of the proposed development and improve-
ment of land included in the Plat; and
4. The City is willing to approve, execute and
accept the Plat for recordation upon agreement of the Owner
to the matters herein described, and subject to all of the
requirements, terms and conditions of the City of Aspen PUD
and subdivision regulations now in effect and other laws,
rules and regulations as are applicable; and
5. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote, and enhance the public welfare; and
6. The Owner is willing to acknowledge, accept,
abide by and faithfully perform the conditions and require-
ments imposed by the City in approving the Plat; and
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7. The submitted plat assumes and anticipates two
distinct developments viz., the one shown on the Plat and
hereinafter described and the other, herein referred to as
the Smuggler Mobile Home Park, which is to be developed by
its owner, AMP, on other real property more particularly
described on Exhibit "B" hereo; and
8. The Owner is the transferee from AMP of the
"free market" development rights to be employed in connection
with Pitkin Reserve, which development rights result from
and, as hereinafter provided, are conditioned upon the
development activity described in the Precise Plan and
Subdivision Agreement for Smuggler Mobile Home Park; and
9. The Owner and AMP acknowledge, understand and
agree that fulfillment of the terms, conditions and require-
ments of the Precise Plan and Subdivision Agreement For
Smuggler Mobile Home Park is a pre-condition to the approvals
of the City herein granted and to the development activity
herein described; and
10. In recognition of the interrelatedness of the
two developments, AMP shall be and has become a party signa-
tory to this Agreement; and
11. Under the authority of Section 20-16(c) and
24-8.6 of the Municipal Code of the City of Aspen, Colorado,
the City is entitled to assurance that the matters herein-
after agreed to will be faithfully performed by the Owner;
NOW, THEREFORE,
AGREEMENT
IN CONSIDERATION OF THE PREMISES, 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:
I.
GENERAL DEVELOPMENT PLAN
The Pitkin Reserve development as shown on the
Plat consists of twenty acres, more or less, and includes
the following elements:
A. Development Parcel. All land to the north of
the Denver and Rio Grande Western (nD & RGWn) Railroad
Right-of-Way shown on the Plat shall be and constitute the
Development Parcel. The Development Parcel consists of
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7.064 acres, more or less, and shall be owned, improved,
marketed and sold by the Owner or its assigns on the open or
"free market" basis.. Approximately 35% of the Development
Parcel will be used for the construction of not more than
twelve residential free-market housing units and one detached
deed restricted employee housing unit. The following features
shall further define and describe the Development Parcel:
(1) Free Market Development -- Lots 1-12.
The Development Parcel shall contain not more than twelve
separately designated fee simple lots, each consisting of
the land under and in the immediate vicinity of the twelve
homes to be constructed thereon, which shall be paired in
duplex fashion with a party wall straddling a common boundary
line creating a zero lotline. Each such lot shall be deemed
augmented in size by an undivided one-twelfth (1/12) interest
in the common area component of the Development Parcel
described below. Prior to its conveyance by the Owner to any
third party, each unit shall be deed or covenant restricted
to six (6) month minimum lease terms with no more than two
(2) shorter tenancies per year, and the document of conveyance
of any such unit shall expressly recite that the unit is so
restricted to six (6) month miniumum lease terms with no
more than two (2) shorter tenancies per year.
(2) Employee Housing. Within the common
area component of the Development Parcel described below,
one (1) employee housing unit shall be constructed, the use
and occupancy of which shall be restricted, as hereinbelow
provided, by a covenant that runs with the land to a resident
caretaker-employee for and of the owners (or a collective
association thereof) of the free-market units. The caretaker-em-
ployee may be charged a monthly rental (which may be offset
against salary) not to exceed employee "middle income"
guideines applicable at the time hereof. The employee
housing unit may also include storage facilities for maintenance
equipment and the like.
(3) Common Area -- Lot 13. Approximately
65% of the Development Parcel shall consist of commonly
owned area, which shall be owned by the owners of Lots 1-12
as a non-partitionable undivided appurtenance to their lots.
The common area shall be managed and maintained as provided
in Section VIII, paragraph C, below.
(4) Site Data Tabulations. The Development
Summary and Site Data Tabulations hereto annexed as Exhibit
"c" and incorporated by reference herein defines and describes
further and more specific allocation of the uses anticipated
within the Development Parcel.
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roOK 423 PAGE 420
B. Public Open Space -- Lot 14. Approximately
13 acres, more or less, consisting of all acreage within the
Pitkin Reserve Subdivision to the south of the D & RGW
Railroad Right-of-Way shown on the Plat, has been forever
restricted to its present natural state as open space to the
exclusion of any improvements of whatsoever nature or kind,
with the exception of non-vehicular paths and trails and
underground public improvements. Ownership of such open
space shall be in pitkin County, Colorado 1 provided, however,
and always, that the benefit of the above-described open
space restriction and dedication shall be specifically
enforceable by (1) the City and/or (2) the Owner, its successors,
grantees and assigns, including the owners (or an association
thereof) of Lots 1-12 within the Development Parcel.
II
INTERRELATION OF PITKIN RESERVE AND
SMUGGLER MOBILE HOME PARK
A. Development Assumptions. As hereinabove
recited, the submitted Plat assumes and anticipates two
distinct developments -- viz., the one shown on the Plat and
herein described, and the other to occur on real property
more particularly described on Exhibit "B" hereto. The
other development -- the Smuggler Mobile Home Park, which is
being developed by its owner, AMP contemplates (a) the
conversion of some eighty-seven units from existing uncon-
trolled housing to housing that shall be deed or covenant
restricted in terms of rental and resale price controls in a
manner consistent with the provisions of the Aspen Municipal
Code in such cases made for the preservation of employee
housingl and (b) the construction of seventeen new housing
units that shall be deed or covenant restricted in accordance
with the provisions of the Aspen Municipal Code in such
cases made to induce the construction of employee housing,
all to the end and extent that in respect of these provisions
and development including, for purposes hereof, the em-
ployee-caretaker unit described in subsection A(2) above,
allowance is made for exceptions to or exemptions from the
growth management quota system of Article XI, Section 24 Of
the Aspen Municipal Code. Although the review process for
each development has occurred independently of the other,
each development having been reviewed on its own merits, for
purposes of such exceptions to or exemptions from the growth
management quota system, it is agreed and understood that
the two developments shall be considered together as an
integrated whole.
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OOOK 423 PAGE 421
B. Interrelatedness of Improvements. In view of
the dual ownership, nature and situs of the developments,
and in consideration of governmental approvals given in
connection with each, it is (a) acknowledged that the performance
of the respective obligations of the Owner relative to
Pitkin Reserve and of AMP relative to the Smuggler Mobile
Home Park are mutually dependent upon one another and the
performance thereof shall be and remain conditions to the
obligations, agreements and approvals of the City herein
made or given or made or given in respect of any development
activities at the Smuggler Mobile Home Park; and (b) agreed
that (i) provision shall be made in a separate Precise Plan
and Subdivision Agreement to which both AMP and the Owner
shall become party signatories, for the construction, installa-
tion and erection of improvements within or upon the Smuggler
Mobile Home Park; and notwithstanding the foregoing that
(ii) as hereinafter used "Improvements" shall be deemed to
refer only to the improvements, facilities and systems to be
constructed, erected or installed within or upon the property
shown on the Plat and described in Exhibit "A", hereto.
C. Development Allotments. The City acknowleges
and agrees that the conversion of the eighty-seven (87)
mobile home units at the Smuggler Mobile Home Park to res-
tricted housing units and the construction of seventeen (17)
new mobile homes at the Smuggler Mobile Home Park, which
conversion and construction will proceed and shall result in
restricted housing in the manner more particularly set forth
in the Precise Plan and Subdivision Agreement for Smuggler
Mobile Home Park, which plan and agreement is incorporated
by reference herein, shall and pursuant to the exception
provisions to the allotment procedures of the growth management
quota system set forth in Sections 24-11.2(i) and (k) does
result in the exception from compliance with the allotment
procedures of the growth management quota system of development
activity consisting of not less than nineteen (19) otherwise
non-exempt free-market housing units, twelve (12) of which
are to be employed in connection with this pitkin Reserve
development; ~rovided, however, that the Owner acknowledges
that a certif~cate(s) of occupancy on the free market units
contemplated herein, for Pitkin Reserve or any other free
market development rights resulting from such exceptions to
the growth management quota system shall not issue until the
City is satisfied that the terms, conditions and requirements
set forth in the Precise Plan And Subdivision Agreement For
Smuggler Mobile Home Park, hereinabove referenced, are
fulfilled or adequate provision for their fulfillment made.
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OOOK 423 PAGE 422
III.
EMPLOYEE HOUSING DEDICATION AND RESTRICTION
The Owner hereby covenants with the City that the
employee unit described above in Section I, paragraph A(2)
shall be restricted in terms of its use and occupancy to a
resident caretaker-employee for and of the Owner of Lots
1-12 (or a collective association thereof), to whom a monthly
rental (which may be offset against salary) may be charged
not to exceed "middle income" guidelines from time to time
established by the City. In the event the owners of Lots
1-12 (or a collective association thereof) shall determine
not to employ a resident caretaker-employee, as above provided,
they (or it) shall have the right to lease the unit to an
individual(s) who shall otherwise meet the income and occupancy
eligibility requirements generally established and applied
by the City in respect of employee housing and who may be
charged a rent not in excess of "middle income" guidelines
from time to time established by the City, the proceeds of
which shall be used to defray common maintenance and related
costs associated with Lot 13. The foregoing covenant shall
be deemed to run with Lot 13 as a burden thereto for the
benefit of and shall be specifically enforceable by the City
by any appropriate legal action including injunction, abatement,
eviction or rescission of any non-complying tenancy, for the
period of the life of the longest lived member of the presently
existing City Council of the City of Aspen, Colorado, plus
twenty-one (21) years, or for a period of fifty (50) years
from the date of recording hereof in the pitkin County,
Colorado real property records, whichever period shall be
less.
IV.
CONSTRUCTION OF IMPROVEMENTS
A. Nature and Estimated Costs of Improvements.
Owner hereby agrees to be responsible for the making and
installation of the improvements to be contained within the
development indicated on the Plat, to the extent required by
Section 20-16(a) of the Municipal Code. The nature, extent
and estimated cost of such improvements shall substantially
conform to the schedule entitled "Pitkin Reserve Improvements
Schedule" annexed hereto and made a part hereof as Exhibit
liD".
B. Construction Schedule. In accordance with
the requirements of Section 20-16(c)(1) and 24-8.9(b) of the
Municipal Code, construction of all development improvements
shall substantially conform to the "Development and Construction
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roOK 423 PAGl423
Schedule" annexed hereto and made a part hereof as Exhibit
"E", except to the extent of amendment thereto in the manner
set forth in Section V, below, which schedule includes the
dates anticipated for the beginning and completion of the
improvements. The Owner further agrees that (1) no under-
grounding of any utilities will occur between November 1 and
April 15 of any year; and (2) it will in all events employ
its reasonable best efforts toward the completion of construction
of the improvements by the earliest time in all the circumstances
attainable.
C. Landscaping Plan. In accordance with Section
24-8.16 of the Municipal Code, all landscaping shall substan-
tially conform to the "Landscape/Unit Plan" annexed to the
Plat and incorporated herein by reference, and to the "Landscape
Concept" described in Exhibit "F" hereto attached, which
together show the extent and location of all plant materials
and other landscape features, flower and shrub bed definition,
proposed plant material at mature sizes in appropriate
relation to scale, species and size of existing plant material,
proposed treatment of all ground surfaces (e.g., paving,
turf, gravel, etc.), location of water outlets, and a plant
material schedule with common and botanical names, sizes,
quantities, and methods of transplant. Landscaping will be
completed in a logical phasing sequence commensurate with
the phasing of the improvements contemplated in the Development
and Construction Schedule. Additionally, and in lieu of any
bond to insure the installation, maintenance and replacement
of all landscaping, as the City otherwise would have the
right to require pursuant to Section 24-8.16 of the Municipal
Code, the City and the Owner agree and acknowledge that no
certificate(s) of occupancy for the free market units contem-
plated herein for Pitkin Reserve shall issue unless the City
is satisfied that all such landscaping is installed, or
adequate provision made for its installation, and adequate
provision is made for the maintenance and replacement of such
landscaping for the two (2) year period succeeding its
installation.
D. Willoughby Way. The Owner shall assume and be
responsible for the repair, replacement and restoration of
and to Willoughby Way due to any damage or injury thereto
caused as a result of construction activities associated
with the Pitkin Reserve development.
E. Utilities Underground.
serve and crossing the Pitkin Reserve
shall be placed underground.
All utility systems to
Development Parcel
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OOOK 423 PAGE 424
V.
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
In the event that the City determines that the
Owner is not acting in substantial compliance with the terms
of this agreemnt, the City may issue and serve upon the
Owner a written order specifying the alleged non-compliance
and requiring the Owner to cease and desist from such
non-compliance and rectify the same within such reasonable
time as the City may determine and specify in such order.
within twenty (20) days of the receipt of such order, the
Owner may file with the City a notice advising the City that
it is in compliance or a written petition requesting a
hearing to determine anyone or both of the following matters:
(a) whether the alleged non-compliance exists or
did exist, or,
(b) whether a variance, extension of time or
amendment to this agreement shall be granted with respect to
any such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set
forth in the cease and desist order and in the petition.
The hearing shall be convened and conducted pursuant to the
procedures normally established by the City for other hearings.
If the City determines by a preponderance of the evidence
that a non-compliance exists which has not been remedied, it
may issue such compliance orders as may be appropriate,
provided, however, no order terminating any approval granted
herein shall be granted without a written finding of the
City that clear and convincing evidence warrants such action
and affording the 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 shall, at the option of the City, and Upon
written notice to the Owner terminate any of the approvals
contained herein.
In addition to the foregoing, the Owner may, on
its own initiative, at any time petition the City for an
amendment to this agreement and the exhibits annexed hereto
or to extend any of the time periods required for performance.
with respect to the Pitkin Reserve Improvements Schedule
(Exhibit D), and the Development and Construction Schedule
(Exhibit E), the Owner has made various assumptions, which
the City hereby acknowledges and accepts, including the
following:
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OOOK 423 PAGE 425
(1) Completion in an expeditious manner of
the bidding, contractor selection, and implementation phases
to meet the dates indicated;
(2) Confirmation of the construction schedule
by selected contractors;
(3) Availability of the required labor and
materials during each phase.
(4) Sale of residences at a rate that would
permit the phasing suggested in the Development and Construction
Schedule.
The City shall not refuse to extend the time
periods for performance indicated in the Development and
Construction Schedule or refuse to allow reasonable adjustments
to the Schedule if the Owner demonstrates by a preponderance
of the evidence that the reasons for such extension or said
adjustments result from the failure of such assumptions by
reason of events beyond the control of the Owner or are
otherwise beyond the control of the Owner despite good faith
efforts on its part to accomplish the same.
As is set forth below, the foregoing procedures
relative to non-compliance, amendments or extensions shall
not apply in respect of (a) the rights of the City pursuant
to the Financial Assurances of the Owner described in Section XI,
below; or (b) the rights of the City in the event of a
failure to maintain common facilities, which rights are more
particularly described in Section VIII, paragraph C, below.
VI.
EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS
The attached Plat sets forth certain easements,
rights of way, and anticipated relocations that will be
necessary to cause the improvements anticipated thereon,
which easements, rights of way and relocations include the
following:
A. Connecting Pedestrian Trail Easement. As
shown on the Plat, the Owner hereby dedicates to the City a
twelve-foot (12') pedestrian trail easement within and upon
the twenty-foot (20') service road easement also shown on
the Plat and described below for use by the pedestrian
public as a connecting link between the "Rio Grande Horse
and Bicycle Trail" and Willoughby Way.
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OOOK 423 p^Gl426
B. Relocation of Railroad Right of Way. As
shown and indicated on the Plat, Pitkin County, Colorado,
the owner of the D & R G W Railroad Right of Way, and the
Owner have agreed to the exchange of deeds in order to
effect a relocation of the right of way to the configuration
and meander actually shown on the Plat. The Plat and this
Agreement are subject to and conditioned upon the consumma-
tion of the exchange and the recording of the resulting
exchange deeds. In connection with the relocation of the
right of way and development activities associated with the
Pitkin Reserve project, the Owner covenants and agrees that:
(1) Relocation and development shall be done
in a manner not inconsistent with the use at any time in the
future of the relocated right of way for railroad purposes;
(2) In the event that any portion of the
existing "Rio Grande Horse and Bicycle Trail" which now lies
within the present meander of the railroad right of way is
damaged or requires relocation as a result of the development
activities herein contemplated or relocation of the railroad
right of way, it will, at its expense and as promptly as in
the circumstances can be done, repair such damage and effect
the relocation, realignment or restoration of the horse and
bicycle trail; and
(3) It will grant such other and further
easements that may be necessary in order fully to effect the
relocation of the right of way and any appurtenant systems,
including the horse and bicycle trail and proximate utility
systems.
C. Service Road Easement. The owner hereby
dedicates and confirms the twenty-foot (20') service road
easement shown and indicated on the Plat for access, including
by means of motorized maintenance vehicles, to Lot 7, pitkin
Green Subdivision for the purposes of maintaining the water
wells and equipment thereon situate, and for pedestrian and
motorized access, including by construction and maintenance
vehicles, to the pitkin Reserve Subdivision, which dedication
and confirmation is made to the extent above-provided for
the benefit of owners of real property within the Pitkin
Green and pitkin Reserve Subdivisions, their guests, invitees
and licensees.
D. Access Easement. The owner hereby dedicates
and grants unto the owner(s) of Lots one through twelve of
the Pitkin Reserve Subdivision the thirty-foot (30') access
and utility easement shown and indicated on the Plat for
their sole and exclusive use and enjoyment and that of their
guests, invitees and licensees.
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roOK 423 fAGE 427
E. Utilities and Drainage. There is hereby
established and agreed between the City and the Owner neces-
sary easements for the relocation, installation and mainten-
ance of utilities and the establishment and maintenance of
drainage, as such easements may be specifically set forth on
the utility sheets, the utility relocation sheets, and the
drainage sheets as appended to the Plat.
F. Miscellaneous. All easements, rights of way
and relocations as are further shown on the Plat albeit not
specifically herein referred to are hereby established,
granted, dedicated and confirmed by the Owner and authorized
and approved by the City.
VII.
OTHER DEDICATIONS
In accordance with Section 20-18 of the Aspen
Municipal Code the following exemptions and dedications
apply:
A. Exemption. There are no exemptions from the
application of Section 20-18 of the Aspen Municipal Code
that apply in respect of the development activity contemplated
for Pitkin Reserve. In the event the Owner hereafter agrees
to deed restrict the employee housing unit to be installed
on Lot 13 to low or moderate income and occupancy eligibility
guidelines, the City agrees at that time, and upon the
recording in the Pitkin County real property records of such
a restriction, to exempt the employee housing unit from the
application of Section 20-18 of the Aspen Municipal Code.
B. Land Dedication. In respect of the free-market
development to occur on and within Lots 1-12 and the employee
housing unit to be installed on Lot 13, the City hereby (1)
accepts the dedication of Lot 14 in the manner and upon the
terms and conditions set forth in Section I, Paragraph B,
above, in lieu of the cash payment referred to in Section
20-18 of the Aspen Municipal Code; (2) confirms as accurate
and accepts the valuation of Lot 14 and the calculation of
the Park Dedication Fee based thereupon set forth in the
Land Valuation and Park Dedication Fee calculation attached
hereto as Exhibit "G"; and (3) agrees that the value of Lot
14 as such is sufficient at least to meet the requirements
of Section 20-18, aforesaid concerning the requirement of
the dedication.
VII I.
OPEN SPACE AND COMMON AREA
MANAGEMENT, MAINTENANCE AND USE
A. General. The plat consists of certain parcels
that include open space dedicated for the benefit, inter
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OOOK 423 rAGE 428
alia, of the City and a common area that envelopes the
separately designated fee simple lots. Respective responsi-
bilities, limitations, covenants and agreements regarding
the management, maintenance and use of the open space and
common area parcels include the following:
B. Publicly Owned Open Space -- Lot 14. Lot 14
shall be owned by Pitkin County, Colorado and, as such shall
be managed and maintained permanently and entirely by Pitkin
County within such framework as it may establish but which
shall not be inconsistent with the open space purposes in
perpetuity for which the land was dedicated as above set
forth, and in this respect reference is specifically made to
the rights of the City therein, as described in Section I,
paragraph B, above.
C. Common Area -- Lot 13. Lot 13 shall in its
entirety be owned in common by the owners of Lots 1-12, the
owner(s) of each lot to own an undivided interest therein as
a non-severable appurtenance to his or her lot. As indicated
elsewhere herein and upon the Plat, Lot 13 will be improved
with an employee-caretaker unit of approximately 800 square
feet of living space, together with approximately 800 square
feet for storage space, will accommodate a thirty foot (30')
easement for access to the lots and for utility purposes and
will support the landscaping plan. Management and maintenance
of Lot 13 shall be the responsibility of a collective home-
owner's association consisting of the owners of Lots 1-12
and shall by it be undertaken pursuant to such provisions as
shall be set forth in recorded covenants providing for such
policies and procedures governing the use and maintenance of
the common area, including for necessary budgets and financial
reserves to be assessed against association members, and
shall insure permanently the fit and proper maintenance,
repair, replacement and enduring first rate safety and
quality of the entire development, including its landscaped
features, common utility systems and paved areas. Responsi-
bility of the association in this respect may by it be
contractually delegated to a private property management
company or to a salaried employee of the association. The
following shall, as well, apply to the association hereinabove
referred to:
(1) Formation. The association shall be fully
formed and established by the owner prior to the sale of any
lots within the development parcel and pursuant to applicable
statutes governing the formation of Colorado not-for-profit
homeowner's associations;
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OOOK 423 PACE 429
(2) Documentation. Operative documents for
the association shall include articles of incorporation, by
laws, and rules and regulations, The City, if it elects,
shall have the right to approve such documents. Additionally,
the association shall be specifically enjoined with the duty
of enforcing such protective covenants as will be recorded
by the Owner for the purpose of preserving the architectural
and aesthetic compatibility of the entire development and
its component features.
(3) Membership Mandatory. Membership in the
association shall be mandatory for each owner of the fee
simple lots (1-12) and shall be automatic upon the recordation
of any instrument transferring a legal or equitable interest
(excluding standard security interests) in or to any of such
lots.
(4) The homeowners' association shall be
responsible for a blanket liability and hazard insurance
policy with respect to the common areas as well as taxes and
maintenance of any recreational and other facilities;
(5) The homeowners' association shall have the
power to levy assessments which will become a lien on individual
fee simple lots (1-12) for the purpose of paying the cost of
operating and maintaining common facilities;
(6) The board of managers of such homeowner's
association shall consist of at least five (5) members who
shall be owners of the fee simple lots (1-12) within the
development.
proposed covenants respecting the management
and maintenance of Lot 13 are attached hereto as Exhibit
"H". The Owner, however, reserves the right to modify these
covenants after the execution hereof and without the necessity
of involving the amendment procedure hereinabove set forth
in Section V; provided, however, that any modifications
shall not be inconsistent in any respect with the provisions
set forth in subparagraphs (1) through and including (6) of
paragraph C of this Section VIII and shall first be approved
as to legal form and effect by the City Council upon the
advice and recommendation of the City Attorney.
Moreover, in the event the homeowners' association
(or any successor organization) shall at any time fail to
maintain the common area in accordance with such covenants
the procedures and the rights of the City more particularly
described in Section 24-8.l9(b), which is hereby incorporated
by reference as though set forth verbatim herein, shall then
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OOOlA23 PAGE 430
and thereupon go into effect and apply. The Owner further
acknowledges that the procedure set forth in Section V,
above, pertaining to the procedure for default and amendment
of this agreement shall not be required with respect to the
enforcement and implementation of common facilities maintenance
a set forth and required by Section 24-8.19 of the Municipal
Code.
D. Building Restrictions. The Owner agrees and
hereby covenants that the number of units that will be built
within the pitkin Reserve subdivision shall not exceed
twelve (12) free market units plus one (1) employee-caretaker
unit and that all areas shown on the plat as being open
space or common area shall remain perpetually so.
E. Party Wall Declaration. In connection with
the sale of each of the improved free market lots (lots
1-12) each transferee will be bound to the terms contained
in a Party Wall Declaration, which prior to the sale shall
by the Owner be recorded in the pitkin County, Colorado real
property records so as to constitute a binding servitude
upon each fee simple interest in each lot. The Party Wall
Declaration, a proposed form of which is attached hereto as
Exhibit "I", shall govern the ownership and maintenance of
the respective party walls wtihin dwelling units constructed
on the lots and of utility and related systems affecting
such units. The Owner, however, reserves the right to
modify the form and content of Exhibit "G" after the execution
hereof and without the necessity of invoking the amendment
procedure hereinabove set forth in Section V, provided,
however, that any modification shall first be approved as to
legal form and effect by the City Council upon the advice
and recommendation of the City Attorney.
IX.
WATER RIGHTS AND AVAILABILITY
Any water rights that may be appurtenant to the
Pitkin Reserve Subdivision have been previously conveyed to
the City in consideration of the agreement of the City to
supply water to the Development Parcel, as is more particularly
hereafter set forth.
A 16" main waterline crosses the Development
Parcel (as shown on the Plat between Lots 10 and 11) and
water service lines will be installed as shown on the utility
sheets. The City agrees upon approval of this Agreement and
the Plat through its water department to supply water consistent
with the proper servicing of the needs of the improvements
-14-
,-.
f""";
OOOK 423 PAGE 431
to be constructed at Pitkin Reserve as above described, and
the Owner agrees to pay such tap fees therefor, as shall be
determined by the tap fee schedule presently in effect, at
the time water service shall be extended to the improvements.
The Owner and the City further acknowledge and agree that,
consistent with existing policy which is hereby confirmed,
the costs of any future looping of the water system as
extended to the Pitkin Reserve site with any proximate
terminus of the system, as well as the costs of any valving
that may be required in connection with the extension of
water service to the Pitkin Reserve site shall not be a cost
of the Owner but, rather, shall be initially absorbed by the
water department and, as such, reflected in the P.I.F./tap
fee sChedUlli>i'fe& be borI}e by }II t~mflte users 9f the( system.
o.r-d( Vv Ct6l(lr;I1r(~ \e-w~iLV h, (Ir'is t,.-/-..,cL J J-... [
X.
SEWER AVAILABILITY
Sewer lines shall be installed consistent with the
provisions contained within the utility sheets, sewer line
details and the costs of such installation shall be those
estimated amounts as set forth on Exhibit "D" hereto annexed.
The City agrees, upon approval of this agreement and the
Plat by the Metropolitan Sanitation District that sewer
services are fully available for the development anticipated
on the Plat, and that the Owner agrees to pay such tap fees
therefor, as shall be determined by the tap fee schedules
presently in effect at the time sewer service shall be
extended to the improvements. The availability of such
sewer services shall be provided by the Sanitation District
in a manner that conforms to the estimated construction and
development schedule as set forth in Exhibit "E" attached
hereto. The Owner agrees that engineers from the Metropolitan
Sanitation District shall be entitled to inspect the construc-
tion of the main trunk sewer lines. Upon completion, these
lines will be turned over to the Metropolitan Sanitation
District, together with such appropriate easements as may be
necessary.
XI.
FINANCIAL ASSURANCES
Pursuant to Section 20-16(C) of the Municipal
Code, Owner hereby agrees to provide a guaranty in the sum
of $337,586.00, which sum represents the estimated cost of
100% of that portion of the improvements set forth and
allocated under Exhibit D hereto for which the City, through
the City Engineer, has requested financial assurance. That
portion of the improvements for which financial assurance
has been requested and which hereby is agreed to be given is
described on Exhibit "J" hereto. The guaranty to be provided by
Owner shall be in the form of cash escrow with the City or a
-15-
/"""'''\
.,-,
OOOK 423 rAGE 432
bank or savings and loan association; or shall be in the
form of an irrevocable sight draft or letter of commitment
from a financially responsible lender; and such guaranty
shall give the City the unconditional right, upon default by
the Owner, or its successor or assigns, to withdraw funds
upon demand to partially or fully complete and/or pay for
any improvements or pay any outstanding bills for work done
thereon by any party. As portions of the improvements
required are completed, the City Engineer shall inspect
them, and upon approval and acceptance, he shall authorize
the release of the agreed estimated cost for that portion of
the improvements; provided, however, that ten percent (10%)
of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer.
The Owner, its successors or assigns, hereby
agrees to further provide unto City a warranty as to all
improvements for a period of one (1) year from and after
acceptance by the City as to such improvements.
The Owner shall further guaranty by a maintenance
bond or other suitable means, the repair of any existing
improvements damaged during the course of construction of
new improvements pursuant to the provisions hereof.
It is the express understanding of the parties
that the procedure set forth in paragraph V pertaining to
the procedure for default and amendment of this agreement
shall not be required with respect to the enforcement and
implementation of financial assurance and guaranties to be
provided by Owner as set forth above and required by Section
20-16(c) of the Municipal Code.
XII.
MISCELLANEOUS
A. The provisions hereof shall be binding upon
and inure to the benefit of the Owner and City and their
respective successors and assigns.
B. This agreement shall be subject to and con-
strued in accordance with the laws of the State of Colorado.
C. If any of the provisions of this agreement or
any paragraph, sentence, clause, phrase, word, or section or
the application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the remainder
of this agreement, and the application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any
other circumstance shall not be affected thereby.
-16-
""".
r"""'"
BiJOK 423 PAGE 433
D. This P.U.D. and Subdivision Agreement contains
the entire understanding between the parties herein with
respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
contract are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders.
F. In order more fully to effectuate and preserve
the performance of the terms, conditions, provisions, covenants
and agreements herein contained, the parties agree that this
P.U.D. and Subdivision Agreement for Pitkin Reserve shall,
by the City, be recorded in the pitkin County, Colorado real
property records.
G. Notices to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the united State Mail to the parties by registered
or certified mail at the addresses indicated below, or such
other addresses as may be substituted upon written notice by
the parties or their successors or assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
PITKIN LTD.
c/o Robert W. Hughes, Esq.
OATES, HUGHES & KNEZEVICH, P.C.
600 E. Hopkins, Suite 200
Aspen, CO 81611
H. The terms, conditions, prov~s~ons and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit A hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year respectively
-17-
.--
~o
OOOK 423 PAGE 434
indicated, in full understanding and agreement to the terms
and conditions herein contained.
(p, "'.
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., ~~",,,,-,,~,,-:
"., , -
'.> fZL'_A)0~
cL~i'7i7:T~/ City Clerk
CITY OF ASPEN,
a Colorado Municipal Corporation
By ~A' ~
' Herman Ede , Mayor
:~~ :~, A
'}fl') ,
:f~'
',V
PITKIN LTD., a Colorado
corporation
/~
B1~ . u.~IJ~
~" if:eS ide..../-
~C u.(.
ary
a Colorado
B
I~~
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
. ..'.... The foregoiIfg ),I}.strumept was acknowledged before
me this //'j/4/ day of ~ , 1982, by HERMAN EDEL
i.(~S'!~{I;:')(.pr'and KATHRYN KOCH, as City Clerk of the City of
~;;'..tt~pecn/ apolorado Municipal Corporation.
<l'"'. ~'h" ....
'~t, i "'!""n~ <'~(;~.f, ..~~""
. ~;: ;:"':,;,;:,;.:. WITNESS my hand and official seal.
"y': ' C;L".',.,. '. '.MY commissi(;ln eXPiy.e~. /';(('/%3/,
n",". " "'" \/.... "."'lolY address ~s: /.$0 ' ~ ~,
""/ir.,. ~~.. .,. , /'L..::". ~ ~l1/(P/1
'. r~D)'" ~)
:'i~U ./' Z1~~c(]'~
(' ,:,:\(;"
-18-
^
^
OOOK 423 PAGE 435
STATE OF COLORADO
ss.
COUNTY OF PITKIN
~e foregoing instrument was acknowledged befor~,
,.j~~~i~~- day of 4JJ)~~J,lpr~s~ent ~n~9~~~~~~/J. "4tJ~/IO
.......a.:~.:~r~:tary of PITKIN LTD., a Colorado corporation.
.' ,'If:' 11'.."rj{\..~'::
,,/" ." S 1//..... W.'.ITNESS . my. hand a~d offjJ:ij;l seal.
=: "'~:~''';. My comm~ss~on exp~res: fr, If'S
i \ "l'1 I:. "'.....'......<:' '\ ..MY addreJs}' is:
~. :;:i ttM E fYo;J/(//:.(5
~ '., '. ~lt~L\ /f~;;CXJJ & f'lill
\"<~"...' ~.. ....~,<:{,;
~"''''''(..., OF c:.)\.'
1:",
flll"l'll'"
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
'" Jhe foregoin'h"instrument was acknow1 edge<le be~reW ;</&~//
me thisj'Ae day of //I-9P./I)/. , 1982, by "'"f~';-Z,J-
It AJ.tJUUJNL r-. t.11'/C/-d as a general partner of ASPEN MOUNTAIN
,PARK, a Colorado general partnership.
:";\:I.:";,~,~:~;; i' :~" ...}. .. ... .
.',i~", . ',' ,~.j:'i.:t%.:. \:~T~~~~i~;i~~n~X;~~e~;~~} seal.
/~Y~~r.~-.l.'>.,;"'...'....'.'~.'.-..-\ 'ta..~.y..'t:J. a. ~r~~~ ~'
~ '-> '~~~S~~L;~2~jl9s-j9c~ (!() flill //,(,.
U G~\'>'~ i
. .\ ,:
',.. ",\-c":". /"
OF c0 ..,'
Ib
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':..A
""-:..,. "ij.
"
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",
-19-
~
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BOUNDARY DESCRIPTION
BGOK 423 PAGE 436
A tract of land being part of the SW-l/4 of the SE-l/4 and Lot
14 of section 1, and the NW-l/4 of the NE-l/4 and Lot 14 of
Section 12 and part of tract B of the Brown Placer U.S.M.S. No.
15047 and the Nellie Mc No. 2 U.S.M.S. No. 15047 together with
a part of Lot 23, Block 2, pitkin Green Subdivision, all in
Township 10 South, Range 85 West of the Sixth Principal Meridian,
said tract is more fully described as follows:
Beginning at a point on the Northeasterly right of way line of
the Denver and Rio Grande Western Railroad whence the northeast
corner of said section 12, a brass cap, bears N 70025'07" E
1636.50 feet; Thence along said right-of-way line the following
courses and distances:
S560l0'00"E 265.52 feet;
380.53 feet along the arc of a curve to the
left having a radius of 523.69 feet;
N82012'OO"E 137.57 feet;
248.29 feet along the arc of a curve to the right
having a radius of 623.29 feet to the '
intersection with the west line of Lot 1,
Green Acres Subdivision; Thence South 148.14 feet along
said west line to the intersection with the boundary
described in Book 213 at Page 163; Thence along said
boundary the following courses and distances:
N89004'OO"W 198.30 feet;
S40029'00.W 59.20 feet;
S8l0l2'00"W 113.20 feet;
S6505l'00"W 23.76 feet to the intersection with the
northerly boundary of the ~econd Aspen Company Subdivision;
Thence along said northerly boundary and along the westerly
boundary of said subdivision the following courses and
distances:
S82~17'00.W
N840l8'00"W
S00026'55"E
River;
Thence along the centerline of the Roaring Fork River to a
point at the confluence of the Roaring Fork
River and Castle Creek;
Thence along the centerline of the Roaring Fork River the
following courses and distances:
N07027'OO"E 268.81 feet;
N08037'00"W 150.33 feet;
N37028'OO"W 66.23 feet;
N45041'OO"W 79.88 feet;
N51000'OO"W 76.10 feet;
N62023'OO"W 82.10 feet;
Thence departing from said centerline
213.52 feet to the most westerly
pitkin Green Subdivision;" Thence
242.94
180.76
to the
feet;
feet;
centerline
of the Roaring Fork
N43011'OO"E
corner of Lot
southeasterly
4,
along the
~
4J
BGOK423 PAGE437
southwesterly lines of Lots 4, 5, 6, 7, 9 and 10, Block 1,
pitkin Green Subdivision, said lines being 10 feet from
and parallel to the northeasterly right-af-way line of the
Denver and Rio Grande Western Railroad, the follmdng
courses and distances:
52.21 feet along the arc of a curve to the
right having a radius of 1015.37 feet and
whose chord bears S4604l'23"E 52.20 feet;
S450l3'00"E 147.00 feet;
309.83 feet along the arc of a curve to the
right having a radius of 1015.37 feet;
S27044'OO"E 81.00 feet;
365.21 feet along the arc of a curve to the
left having a radius of 730.80 feet;
S56022'OO"E 125.82 feet;
377.83 feet along the arc of a curve to the
right having a radius of 1333.57 feet;
S40008'00"E 14.44 feet to the easterly line
of said Lot 10;
Thenci along said easterly line N36009'00"E 33.68 feet
to the westerly corner of Lot 23, Block 2, Pitkin
Green Subdivision;
Thence along the" southerly line of said Lot 23 the following
courses and distances:
s6l0l4'OO"E 135.43 feet;
S88050'OO"E 162.41 feet;
Thence S35052'00"E 159.49 feet;
Thence S430l2'OO"E 209.77 feet;
Thence S39004'00"E 144.45 feet;
Thence S58000'OO"E 165.01 feet;
Thence S50000'OO"E 131.64 feet;
Thence S33010'00"W 191.72 feet to the point of beginning;
Excepting therefrom that portion lying within the right of way
of the Denver and Rio Grande Western Railroad.
County of Pitkin, State of Colorado.
-2-
A~
,R)'
BGOK 423 PAGE 438
-- -.----- ._~.. .--.--
A tract of land si~uated. ina portion of the East Aspen Tovnsite, the
Esst one-balf of the Southvest one-quarter and the West one-half of the
Southeast. one-quarter of Section 7, Tovnsh1p 10 South, Range 84 West' of
the 6th P:H.,.. d~~crI.~:~ u}~,1l0W_8l "
_ .. ..;"..~.;;.,.... . ..i,"->-:" .:,--. --:. ~. -.
BEGINNING at Corner No. 10 of the East Aspen Townsite;
thence North 54052117" West 58.10 feet to Corner No. 11 of said East
Aspen Townsite; ~
thence North 66011100" West 142.33 feet;. .
thence: North 05010142'! West 114.35 feet to Corner No. 16 of said. East
Aspen .Townsite; -. :: ~-. .:'. -. -~. - _. . .,
thence North 44029122" West 312.67 feet to Corner No. 25 of said East
Aspen Townsite along the Northerly boundary. of parcel of land describe4
in Book i05 at Page 579. Pitkin County records; .
thence North 45012'59" West 128.83 to 'Corner No. 24 of said East Aspen
Tovnsite along a portion of said N~rther1y boundary;
thence No~th 24005'24" East 139.28 feet;
thence North 37011'41" East 20.25 feet;
thence South 44035'50" East 12.15 feet;
thence North 29.03'05" East 1~2.32 feet along an existing fence and
extension.thereof;. .
thence South 4.08 feet;. .
thence North 37011'41" East 154.57 feet;
thence North 78025'15" East 77.68 feet;
thence North 89057'10" East 303.99.a10ng boundary. line described ill
Book 280 at Page 827 and re-recorded in Book 280 at Page 965, Pitkin
County recprds;. .
thence South 63044'45" ~ast 168.08 feet
thence South 81023'42" East 183.42 feet
thence South 89025'42" East 98.00 feet
thence. South 54034'55" East 64.87 feet
thence South 52047'48" West l88.36'feet
Aspen Tovnsite;
thence South.34055'18" West 760.18 feet to
The Point of Beginning.
.
,
I
I
I
I
,
~,
along said boundary line;
along said boun~ary line;
along said boundary ,line;
~long said boundary line;
to Corner No. 5 of said East
Pitkin County. Colorado.
.~.,..~,--
-------
1"""-,
^
DEVELOPMENT SUMMARY AND SITE TABULATIONS
BGOK 423 PAGE 439
Name:
Pitkin Reserve
Number of Units:
12 free market units
1 PMH rental unit - deed-restricted
to low or moderate income
Amenities:
Caretaker/employee facility above
storage
Unit Size:
3 bedrooms at approximately 3,000
sq. ft. of living space and 1,000
sq. ft. of parking and storage
Project Population:
43 (3.5/unit plus caretaker)
Parking:
2 indoor spaces per unit and 2
quest parking spaces per unit
in driveways
Structures:
6 two-story duplex structures; lower
story and north wall of upper story-
concrete, block and stone; upper story
(when above grade) - wood frame construc-
tion with wood siding
Acreage:
20+/- acres plus 6 acres of railroad
R.O.W.
Public Open Space:
13+/- acres
Development Site:
7.064 acres
Fee Simple Lots: 35% of development site
(6,000-10,000 sq. ft. per lot)
Dommon Open Space: 65% of Development Site
Paved Areas:
25,070 sq. ft. (.57 acres)
(4,045 sq. ft. per duplex and 800
sq. ft. for caretaker/storage bldg.)
30,242 sq. ft. (.69 acres)
(private drive = 16,956 sq. ft.
driveways and parking = 13,286 sq. ft.)
Builsing Coverage:
""""
PITKIN RESERVE IMPROVEMENT SCHEDULE
Item
Item Cost
,Water Service
Alternative #1
or
Alternative #2
8" DIP
4" DIP
Fire Hydrants w/valves
1" Water Service
3/4" Water Service
$ 31,325.00
4,200.00
7,000.00
2,250.00
300.00
Alternative #1 -
Water Main Collection in-
. cluding 16" valve, 8" valve
4" valve, 16" x 8" tee, 8"
x 4" tee, all thread, vavle
box, pipe
$ 10,400.00
Alternative #2 -
Wet Tap 8" DIP to 16" DIP
including 8" valve, 4" valve
8" x 4" tee, allthread,
valve box, pipe - 3,500.00
~\
BGOK 423 PAGE 440
Total Cost
$55,475.00
or
$48,757.00
Sewer $40,175.00
8" PVC
Manholes 1-7
Sewer Tap
Tap to Existing Service
$26,225.00
8,400.00
4,550.00
1,000.00
Drainage
18" CMP
25" x 16" CMP
Dry Wells
Wier Overflow
Excavation included in
roadwork
Rip-rap
$ 8,845.00
3,380.00
8,000.00
250.00
500.00
$20,975.00
-1""'\
.""'"
(. ..,
PITKIN RESERVE IMPROVEMENT SCHEDULE
OOOK 423 PAGE 441
Item
Private Drive
Asphalt
Base Course
Excavation
Fill
Electrical
Relocation of existing lines
Natural Gas Line
2" Main
3/4" Service Connections
Item Cost
$ 24,300.00
20,440.00
50,830..00
30,620.00
$ 59,700.00
$ 12,250.00
2,100.00
Total Cost
$131,190.00
$59,700.00
$14,350.00
,-..,
^
PITKIN RESERVE IMPROVEMENT SCHEDULE
BGOK 423 PAGE 442
Revegetation Along Roadway
(1,325' x 30' wide = 39,750 sq. ft.)
Soil Preparation (.23/sq.ft.)
Fine Grading ($.0225/sq.ft~)
Hydroseeding ($.04/sq.ft.)
Slope Stabilization ($1.03/sq.ft.
Irrigation ($.22/sq.ft.)
Landscaping of. Individual Units
Native Landscape
Soil Preparation
Fine Grading
Hydroseeding
Slope Stabilization
Plant Material
Irrigation
Manicured Landscape
Soil Preparation
(.23/sq.ft. )
Fine Grading (.0225/sq.ft.)
Sod (.35/sq.ft.)
Irrigation ($1.09/sq.ft.)
Plant Material (12,175)
ITEM COST
TOTAL COST
$24,921.07
$9,142.50
894.40
1,590.00
4,539.17
8,745.00
$187,718.00
$25,372.50
2,496.60
4,438.00
6,833.83
18,086.00
24,412.00
$ 7,609.00
1,986.00
5,793.00
18,041.00
73,050.00
^
^
PITKIN RESERVE IMPROVEMENT SCHEDULE
TOTAL COSTS OF ALL IMPROVEMENTS
Utility Improvements
Alternative #1
or
Alternative #2
Revegetation Along Roadway
($18.80/linear foot of roadway)
Landscaping of individual units
($lS,643/unit)
TOTAL:
ALTERNATIVE III
ALTERNATIVE #2
$315,125.00
or
$308,225.00
$ 24,921.00
$187,718.00
$527,764.00
$520,864.00
BGOK 423 PAGE 443
1"'.
r-,
BGOK 423 PAGE 444
DEVELOPMENT AND CONSTRUCTION SCHEDULE
PHASE 1
April 15, 1982 - November 15, 1982
April 15, 1983 - November 15, 1983
PHASE 2 (if necessary)
While it is pitkin Ltd.'s intention to build the entire
program in phase 1, the phasing and timing of the construction of
these residences will depend upon market conditions. This schedule
is contingent upon:
1. Timely approval of the Final Plat.
2. Completion in an exeditious manner of the
bidding, contractor selection, and implementation
phases to meet the dated indicated.
3. Confirmation of the construction schedule
by the selected contractors.
4. Availability of the required labor and
materials during each phase.
S. Sale of residences at a rate that would
permit the phasing suggested above.
The completion of the site improvemenst (utilities and
landscaping) will be coordinated with the residential development
in each phase.
1"'\
(""'\
BGOK 423 PAGE 445
LANDSCAPE CONCEPT
. ,
.
"."
The existing landscape has been the primary shaper of this
scheme. Th proposed landscape concept works with the site plan
to define the edge of the broad, central meadow that stretches
to the tree lined banks of the Roaring Fork River. The architec-
tural concept of a continuous band of berms, earth terraces,
and retaining walls engulfing the houses demands rich landscape
plantings. The plantings will stabilize disturbed soils and
populate areas that have been sparse due to direct sun exposure
and a lack of suitable soil and water. Privacy for outdoor
living areas will result and aspen trees will shade the houses
from the summer sun, but shed their leaves to allow in the
winter sun. . The areas immediately around the house will re-
quire the most care - densely planted with Bearberry, Holly
Grape, Rocky r10untain Juniper, Potentilla, etc. The meadow
edge will be formed with the same materials as the corridor and
along the river - Aspens, Scrub Oak, Sage, Austrian pine and
Spruce - planted between, behind, and occasionally in front of
the houses; This zone of planting should require li~ited
maintenance. The broad central meadow of native grasses, sage,
etc., should be entirely self-sufficient.
,,-,
,~~
LAND VALUATION
AND
PARK DEDICATION FEE CALCULATION
(calculated to the nearest 0.5 acre)
OOOK 423 PAGE 446
In accordance with Section 7-143 of the Aspen Building Code and
Section 20-18 of the Aspen Subdivision Code, the cash equivalent
for the park dedication fee and its determination for the Pitkin
Reserve Subdivision is as follows:
Purchase Price of Total Parcel
(17.5 acres)
$1,250,000.00
Price Per Acre
't 20
71,428.60
Value of 7-Acre Development
Parcel
x 7
500,000.00
Value Per unit (12 units)
+ 12
41,667.00
1% of Land Value Per Unit
x .01
416.67
Fee per 3-Bedroom Unit:!
Value of 10.S-acre parcel
dedicated to open space
x 2.5
1,041.68
750,000.00
Difference between cash
equivalent of park dedica-
tion fee ($1,041.68 x 12 =
$12,500.16) and value of
open space parcel
737,499.84
* * *
*/The park dedication fee for the employee housing unit to be
- constructed on Lot 13 will be calculated in the same manner
as above set forth and will proceed from the same land valu-
ation.
1""'.
~
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
BGOK 423 PAGE 447
This Declaration
Restrictions is made this
by Pitkin Ltd., a Colorado
to as "Declarant").
~'\. WIT N E SSE T H :
~ Declarant is the owner of the real property described
. bit "A" attached hereto and incorporated herein by
r ence. Declarant intends by this Declaration to impose
upon the property mutually beneficial restrictions under a
general plan of improvement for the benefit of all owners of
residential property within Pitkin Reserve. Declarant desires
to provide a flexible and reasonable procedure for the overall
development of the property and to establish a method for the
administration, maintenance, preservation, use, and enjoyment
of such property as is now or may hereafter be submitted to
this Declaration.
of Covenants, Conditions,
day of
corporation, (hereinafter
and
, 1982,
referred
NOW, THEREFORE, Declarant hereby declares that all
of the property described in Exhibit "A" and any additional
property as may by subsequent amendment be added to and subjected
to this Declaration shall be held, sold, and conveyed subject
to the following easements, re trictions, covenants, and
conditions which are for the ose of protecting the value
and desirability of and wh' Hall run with the real property
submitted to this Declar ' and which shall be binding on
all parties having any , title, or interest in the des-
cribed properties or a art thereof, their heirs, successors,
successors-in-title, an assigns, and shall inure to the
benefit of each owner thereof.
ARTICLE I
Definitions
Section 1. "Association" shall mean and refer to
the Pitkin Reserve Homeowners' Association, Inc., a Colorado
nonprofit corporation, its successors and assigns.
The "Board of Directors" or "Board" ~h 11 be
the elected body having its normal meaning under Co do
corporate law.
Section 2. "Properties" shall d refer to
the real property described in Exhibit "A" at ed hereto and
shall further refer to such additional propert as may hereafter
be annexed by amendment to this Declaration or which is owned
in fee simple by the Association.
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BGOK 423 PAGE 448
Section 3. "Owner" shall mean and refer to the
record owner, whether one or more persons or entities, of any
Residential Unit which is part of the Properties, but excluding
in all cases any party holding an interest merely as security
for the performance of an obligation.
Section 4. "Common Area" shall mean Lot 13,
Pitkin Reserve and all real and personal property now or
hereafter owned by or otherwise coming under the responsibility
of the Association for the common use and enjoyment of the
owners.
Section 5. "Residential Unit" shall mean any
portion of the Properties intended for any type of independent
ownership for use and occupancy as a residence by a single
household and shall, unle~.otherwise specified, include
within its meaning condo~~ums, townhomes, or zero lot line
homes, as may be dev~l ~ used, and defined, as herein
provided or as provi subsequent Declarations covering
all or a part of ~ perties.
Section 6. "Area of Common Responsibility" shall
mean and refer to the Common Area, together with those areas,
if any, which become the responsibility of the Association.
In addition, any employee housing unit or caretaker's dwelling
or manager's office located on the Properties shall be part of
the Area of Common Responsibility.
Section 7. "Common Expenses" shall mean and
include the actual and estimated expenses of operating the
Association, including any reasonable reserve all as may be
found to be necessary and appropriate by the Board pursuant to
this Declaration, the By-Laws, and the Articles of Incorporation.
Section 8. "Member" shall mean and refer to a
person or entity entitled to membership in the Association, as
provided herein.
Section 9. "Mortgage" shall include a deed of
trust, as well as a mortgage.
Section 10. "Mortgagee" shall include a beneficiary
or holder of a deed of trust, as well a a mortgagee.
Section 11. "Mortgagor" shall include the trustor
of a deed of trust, as well as a mortgagor.
Section 12. "Person" means a natural person, a
corporation, a partnership, trustee, or other legal entity.
Section 13. "Parcel" shall mean and refer to
separately designated lots developed for residential purposes,
or fee simple dwellings.
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BGOK 423 PAGE 449
Secton 14. Parcel Assessments. Parcel assessments
for common expenses provided for herein shall be used for the
purposes of promoting the recreation, health, safety, welfare,
common benefit, and enjoyment of the owners of the Residential
Units against which the specific parcel assessment is levied
and of maintaining the property within a given parcel, the
Common Area, and the Area of Common Responsibility, all as may
be specifically authorized from time to time by the Board of
Directors and as more particularly authorized below.
The Parcel Assessment shall be levied equally against
the owners of Residential Units in a parcel for such purposes
that are authorized by this Declaration or by the Board of
Directors from time to time.
Section 15. "Residential Association" shall mean
any homeowners or other such association created on property
subject to this Declaration containing units, homes or other
structures for residential purposes.
Area
Every owner have a non-exclusive right to the
use and enjoyment in a the Common Area subject to any
restrictions or limitations concerning the use thereof herein
contained or in any rules or regulations published by the
Association or subjecting this Declaration such property. Any
owner may delegate his or her right of enjoyment to the members
of his or her family, tenants, and social invitees subject to
reasonable regulation by the Association and in accordance
with procedures it may adopt.
ARTICLE III
Membership and Voting Rights
Section 1. Membership. Every person or entity
(including Declarant) who is the record owner of a fee or
undivided fee interest in any Residential Unit that is subject
to this Declaration shall be deemed a member in the Association.
Membership shall be automatic upon the recording of any document
transferring a legal or equitable interest in a Residential
Unit and its appurtenant Parcel and shall be appurtenant to
and may not be separated from such ownership. The foregoing
is not intended to include persons who hold an interest merely
as security for the performance of an obligation, and the
giving of a security interest shall not terminate the owner's
membership. No owner, whether one or more persons, shall have
more than one membership per Residential Unit owned. In the
event of multiple owners of a Residential Unit, votes and
rights of use and enjoyment shall be as provided herein. The
rights and privileges of membership, including the right to
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BGOK 423 PAGE 450
vote, may be exercised by a member or the member's spouse, but
in no event shall more than one (1) vote be cast for each
Residential Unit. The Declarant shall be entitled to one vote
for each Residential Unit or unimproved parcel, as the case
may be, that it owns.
ARTICLE IV
Haintenance
The Association shall maintain and keep the Common
Area (and any personal property associated therewith) in good
repair, taste and order, including all paved areas, all land-
scaped areas, and any other improvements to or upon the Common
Area, such maintenance to be funded as hereinafter provided.
This maintenance shall include, but not be limited to, mainten-
ance, repair, and replacement, subject to any insurance then
in effect, of all landscaping and other flora, structures, and
improvements situated upon the Common Area, all to the end
that the first rate safety, appearance and quality of the
Common Area shall permanently endure. The Association shall
also by enforcement of rules and regulations that it may from
time to time adopt insure the~uality of the exterior appearance
and aesthetic compatability~~he residential units within
Pitkin Reserve. The ASsoi!!'~on shall have the power to
assess the owners of R~S' al Units on parcels within
Pitkin Reserve to defr on costs incurred in connection
with the maintenance 0 e Common Areas and the power specially
to assess owners whose ailure to abide rules and regulations
or otherwise properly to maintain the exteriors of their
Residential Units results in the Association having to perform
such maintenance. All maintenance functions herein provided
on the part of the Association to perform may by it be contrac-
tually delegated to a managing agent, including a property
management firm. The obligation herein of the Association to
maintain the Common Area shall, as well, include the duty to
pay all real and/or personal property taxes that may be assessed
against such Property, unless such taxes be separately assessed
against the o~mers of Residential Units or parcels.
ARTICLE V
Insurance and Casualty Losses
Section 1. Insurance. The Association's Board
of Directors or its duly authorized agent shall have the
authority to and shall obtain insurance for all insurable
improvements on the Common Area against loss or damage by fire
or other hazards, including extended coverage, vandalism, and
malicious mischief. This insurance shall be in an amount
sufficient to cover the full replacement cost of any repair or
reconstruction in the event of damage or destruction from any
such hazard. The Board shall also obtain a public liability
policy covering the Common Area, the Association, and its
members for all damage or injury caused by the negligence of
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BGOK 423 PAGE 451
the Association or any of its members or agents, and, if
reasonably available, directors' and officers' liability
insurance. The public liability policy shall have at least a
($ ) Dollar per person
limit, as respects bodily injury, a
($ ) Dollar limit per occurrence, and a
($ ) Dollar minimum property
damage limit. Premiums for all insurance on the Common Area
shall be common expenses of the Association. The policy may
contain a reasonable deductible, and the amount thereof shall
be added to the face amount of the policy in determining
whether the insurance at least equals the full replacement
cost.
Cost of insurance coverage obtained for the
Common Area shall be included in the General Assessment, as
defined in Article IX, Section 1.
All such insurance coverage obtained by the
Board of Directors shall be written in the name of the Associa-
tion, as Trustee, for the re~ective benefited parties, as
further identified in (b~~~. Such insurance shall be
governed by the provisioL~_reinafter set forth:
(a) ~~licies shall be written with a
company licensed to d~usiness in the State of Colorado and
holding a rating of IX or better in the Financial Category as
established by A. M. Best Company, Inc., if available, or, if
not available, the most nearly equivalent rating.
(b) All policies on the Common Area shall be
for the benefit of the Residential Unit Owners or Parcel
Owners and their mortgagees as their interests may appear.
(c) Exclusive authority to adjust losses under
policies in force on the Property obtained by the Association
shall be vested in the Association's Board of Directors;
provided, however, that no mortgagee having an interest in
such losses may be prohibited from participating in the settle-
ment negotiations, if any, related thereto.
(d) In no event shall the insurance coverage
obtained and maintained by the Association's Board of Directors
hereunder be brought into contribution with insurance purchased
by individual owners, occupants, or their mortgagees, and the
insurance carried by the Association shall be primary.
(e) All casualty insurance policies shall have
an agreed amount endorsement with an annual review by one or
more qualified persons.
(f) The Association's Board of Directors shall
be required to make every reasonable effort to secure insurance
policies that will provide for the following:
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BGOK 423 PAGE 452
(i) A waiver of subrogation by the insurer
as to any claims against the Association's Board of Directors,
its Manager, the owners and their respective tenants, servants,
agents, and guests;
(ii) A waiver by the insurer or its rights
to repair and reconstruct instead of paying cash;
(iii) That no policy may be cancelled,
invalidated, or suspended on account of anyone or more indi-
vidual owners;
(iv) That no policy may be cancelled,
invalidated or suspended on account of the conduct of any
director, officer, or employee of the Association or its duly
authorized Manager without prior demand in writing delivered
to the Association to cure the defect and the allowance of a
reasonable time thereafter wit~i which the defect may be
cured by the Association, its ger, any owner or mortgagee;
and ~
(v) ~ any "other insurance" clause in
any policy exclude indiv~~l owners' policies from consideration
Section 2. No Partition. Except as is permitted
in the Declaration, there shall be no physical partition of
the Common Area or any part thereof, nor shall any person
acquiring any interest in the Property or any part thereof
seek any such judicial partition until the happening of the
conditions set forth in Section 4 of this Article in the case
of damage or destruction, or unless the Properties have been
removed from the provisions of this Declaration.
Section 3. Disbursement of Proceeds. Proceeds
of insurance policies shall be disbursed as follows:
(a) If the damage or destruction for which the
proceeds are paid is to be repaired or reconstructed, the
proceeds, or such portion thereof as may be required for such
purpose, shall be disbursed in payment of such repairs or
reconstruction, as hereinafter provided. Any proceeds remaining
after defraying such costs of repairs or reconstruction to the
Common Area, or in the event no repair or reconstruction is
made after making such settlement as is necessary and appropriate
with the affected owner or owners and their mortgagee(s), as
their interests may appear, if any Residential Unit is involved,
shall be retained by and for the benefit of the Association.
This is a covenant for the benefit of any mortgagee of a
Residential Unit and may be enforced by such mortgagee.
(b) If it is determined, as provided for in
Section 4 of this Article, that the damage or destruction to
the Common Area for which the proceeds are paid shall not be
repaired or reconstructed, such proceeds shall be disbursed in
the manner as provided for excess proceeds in Section 3(a)
hereof.
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Section 4.
Damage and Destruction.
(a) Immediately after the damage or destruction
by fire or other casualty to all or any part of the Property
covered by insurance written in the name of the Association,
the Board of Directors or its duly authorized agent shall
proceed with the filing and adjustment of all claims arising
under such insurance and obtain reliable and detailed estimates
of the cost of repair or reconstruction of the damaged or
destroyed property. Repair or reconstruction, as used in this
paragraph, means repairing or restoring the property to substan-
tially the same condition in which it existed prior to the
fire or other casualty.
(b) Any damage or destruction to the Common
Area shall be repaired or reconstructed unless at least
seventy-five (75%) percent of the total vote of the Association
shall decide within sixty (60) days after the casualty not to
repair or reconstruct. If ~o ~y reason either the amount of
the insurance proceeds to b ti' as a result of such damage
or destruction, or rel~.a detailed estimates of the cost
of repair or reconstru , or both, are not made available
to the Association with said period, then the period shall
be extended until such information shall be made available;
provided, however, that such extension shall not exceed sixty
(60) days. No mortgagee shall have the right to participate
in the determination of whether the Common Area damage or
destruction shall be repaired or reconstructed.
(c) In the event that it should be determined
by the Association in the manner described above that the
damage or destruction of the Common Area shall not be repaired
or reconstructed and no alternative improvements are authorized,
then and in that event the property shall be restored to its
natural state and maintained as an undeveloped portion of the
Common Area by the Association in a neat and attractive condition
Section 5. Repair and Reconstruction. If the
damage or destruction for which the insurance proceeds are
paid is to be repaired or reconstructed and such proceeds are
not sufficient to defray the cost thereof, the Board of Directors
shall, without the necessity of a vote of the Association's
members, levy a special assessment against all owners in
proportion to the number of Residential Units owned by such
owners. Additional assessments may be made in like manner at
any time during or following the completion of any repair or
reconstruction. If the funds available from insurance exceed
the cost of repair, such excess shall be deposited to the
benefit of the Association.
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BGOK 423 I%E 404
ARTI CLE VI
Condemnation
Whenever all or any part of the Common Area shall be
taken (or conveyed in lieu of and under threat of condemnation
by the Board, acting on its behalf or on the written direction
of all Owners of Residentail Units subject to the taking, if
any) by any authority having the power of condemnation or
eminent domain, each owner shall be entitled to notice thereof
and to participate in the proceedings, incident thereto,
unless otherwise prohibited by law. The award made for such
taking shall be payable to the Association, as Trustee for all
owners, to be disbursed as follows:
If the taking involves a portion of the Common Area
on which improvements have been constructed, then, unless
within sixty (60) days after such taking at least seventy-five
percent (75%) of the voting me~rs of the Association shall
otherwise agree, the Associa ~~hall restore or replace such
improvements so taken on e mining land included in the
Common Area, to the ex nds are available therefore, in
accordance with plans a ved by the Board of Directors of
the Association. If suc improvements are to be repaired or
restored, the above provisions in Article V hereof regarding
the disbursement of funds in respect to casualty damage or
destruction which is to be repaired shall apply. If the
taking does not involve any improvements on the Common Area,
or if there is a decision made not to repair or restore, or if
there are net funds remaining after any such restoration or
replacement is completed, then such award or net funds shall
be disbursed to the Association and used for such purposes as
the Board of Directors of the Association shall determine,
including, as the case may be, ultimate disbursement to the
owners.
ARTICLE VII
Rights and Obligations of the Association
Section 1. The Common Area. The Association,
subject to the rights of the owners set forth in this Declaration
shall be responsible for the exclusive management and control
of the Common Area and all improvements thereon (including
furnishings and equipment related thereto), and shall keep it
in good, clean, attractive, and sanitary condition, order, and
repair, pursuant to the terms and conditions hereof.
Section 2. Personal Property and Real Property
for Common Use. The Association, through action of its Board
of Directors, may acquire, hold, and dispose of tangible and
intangible personal property and real property.
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BGOK 423 PAGE 455
Section 3. Rules and Regulations. The Association,
through its Board of Directors, may make and enforce reasonable
rules and regulations governing the use of the Properties,
which rules and regulations shall be consistent with the
rights and duties established by this Declaration. Sanctions
may include reasonable monetary fines which shall constitute a
lien upon the owner's Residential Unit or Units and suspension
of the right to vote and the right to use the Common Area. In
addition, the Board shall have the power to seek relief in any
court for violations or to abate unreasonable disturbances.
Section 4. Imllied Rights. The Association may
exercise any right or privi ege given to it expressly by this
Declaration or the By-Laws, and every other right or privilege
reasonably to be implied from the existence of any right or
privilege given to it herein or reasonably necessary to effec-
tuate any such right or privilege.
ARTICL!\.VIII
~ments
Section 1. ation of General Assessment.
There are hereby create ssessments or Common Expenses as
may be from time to time specifically authorized by the Board
of Directors. General Assessments shall be allocated equally
among all Residential Units within the Association and shall
be for expenses determined by the Board to be for the benefit
fo the Association as a whole. Each owner, by acceptance of
his or her deed, is deemed to covenant and agree to pay these
assessments. All such assessments, together with interest at
the highest rate in the circumstances allowable under the laws
of Colorado, costs, and reasonable attorney's fees shall be a
charge on the land and shall be a continuing lien upon the
Residential Unit against which each assessment is made.
Each such assessment, together with interest, costs,
and reasonable attorney's fees, shall also be the personal
obligation of the person who was the owner of such Residential
Unit at the time the assessment arose, and his or her grantee
shall be jointly and severally liable for such portion thereof
as may be due and payable at the time of conveyance, except no
first mortgagee who obtains title to a Residential Unit pursuant
to the remedies provided in the mortgage shall be liable for
unpaid assessments which accrued prior to such acquisition of
title.
Assessments shall be paid in such manner and on such
dates as may be fixed by the Board of Directors.
Section 2. Computation of Assessment. If the
Association incurs ongoing Common Expenses, the Board shall
prepare an annual budget, and the following provisions shall
apply:
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BGOK 423 PAGl400J
It shall be the duty of the Board at least
thirty (30) days prior to the meeting at which the budget
shall be presented to the membership to prepare a budget
covering the estimated costs of operating the Association
during the coming year. The budget shall include a capital
contribution establishing a reserve fund, in accordance with a
capital budget separately prepared. The Board shall cause a
copy of the budget, and the amount of the assessments to be
levied against each Residential Unit for the following year,
to be delivered to each owner at least fifteen (15) days prior
to the meeting. The budget and the assessments shall become
effective unless disapproved at the meeting by a vote of at
least a majority of the total Association membership or otherwise
modified by a majority vote.
Section 3. Special Assessments. In addition to
the assessments authorized in Section 1, the Association may
levy a Special Assessment for the purpose of defraying any
costs incurred by the Association through its Board pursuant
to the provisions of this Declaration, which was not included
in the annual budget from which the general assessment was
levied.
Section 4. Lien for Assessments. All such
assessments shall constitute a lien on each Residential Unit
and Parcel prior and superior~o 11 other liens, except (1)
all taxes, bonds, assessments, ther levies which, by law,
would be superior thereto, an the lien or charge of any
first mortgage of record ~m g any recorded mortgage or
deed of trust with first ty over other mortgages or
deeds of trust) made in go faith and for value.
The Association, acting on behalf of the owners,
shall have the power to bid for the Residential Unit or parcel
at foreclosure sale, and to acquire and hold, lease, mortgage,
and convey the same. During the period owned by the Association
following foreclosure: (1) no right to vote shall be exercised
on its behalf; (2) no assessment shall be assessed or levied
on it; and (3) each other Residential Unit or parcel shall be
charged, in addition to its usual assessment, its equal ~ro
rata share of the assessment that would have been charge such
Residential Unit or parcel had it not been acquired by the
Association as a result of foreclosure.
Suit to recover a money judgment for unpaid
common expenses, rent, and attorneys' fees shall be maintainable
without foreclosing or waiving the lien securing the same.
Section 5. Capital Budget and Contribution. The
Board of Directors shall annually prepare a capital budget
which shall take into account the number and nature of replaceabl
assets, the expected life of each asset, and the expected
repair or replacement cost. The Board shall set the required
capital contribution, if any, in an amount sufficient to
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BGOK 423 PAGE 457
permit meeting the projected capital needs of the Association,
as shown on the capital budget, with respect both to amount
and timing by annual assessments over the period of the budget.
The capital contribution required shall be fixed by the Board
and included within the budget and assessment, as provided in
Section 2 of this Article. A copy of the capital budget shall
be distributed to each member in the same manner as the operating
budget.
ARTICLE IX
Architectural Standards
All property which is now or may hereafter be subjected
to this Declaration is subject to architectural and environmental
review. This review shall be in accordance with this Article
and such standards as may be promulgated by the Board, the New
Construction Committee, or the Modifications Committee. The
Board of Directors shall have the authority and standing on
behalf of the Association to enforce in courts or competent
jurisdictions decisions of either Committee.
Section 1. ruction Committee. The New
Construction Committee (NCC) shave exc usive jurisdiction
over all original constructi~ any portion fo the Properties.
The NCC shall prOmUlgate~~~ctural and Environmental
Standards and Applicati cedures. It shall make both
available to owners, bui rs, and developers who seek to
engage in development of or construction upon all or any
portion of the Properties and shall conduct its operations in
accordance therewith. The Board of Direcotrs shall appoint
the members of the NCC which shall consist of three (3) members,
at least two of whom shall be required to be residents of
Pitkin Reserve.
Section 2. Modifications Committee. The Modifica-
tions Committee (MC) shall consist of at least three (3) and
no more than five (5) members, a majority of whom shall be
residents of Pitkin Reserve and all of whom shall be appointed
by the Board of Directors. The MC shall have exclusive juris-
diction over modifications, additions, or alterations made on
or to existing Residential Units or structures containing
Residential Units and the open space, if any, appurtenant
thereto.
The MC shall promulgate detailed standards and
procedures governing its area of responsibility and practice.
In addition thereto, the following shall apply: plans and
specifications showing the nature, kind, shape, color, size,
materials and location of such modifications, additions, or
alterations shall be submitted to the Modifications Committee
for approval as to quality of workmanship and design and
harmony of external design with existing structures and as to
location in relation to surrounding structures, topography,
and finish grade elevation. Nothing contained herein shall be
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BGOK 423 I'AGE 458
construed to limit the right of an owner to remodel the interior
of his residence or to pain the interior of his residence any
color desired. In the event the MC fails to approve or to
disapprove such plans or to request additional information
reasonably required within forty-five (45) days after submission,
the plans shall be deemed approved.
ARTICLE X
Use Restrictions
The Properties shall be ued only for residential,
recreational, and related purposes as may more particularly be
set forth in this Declaration, or any amendments hereto. The
Association, acting through the Board of Directors, shall have
standing and the power to enforce use restrictions contained in
any such declaration as if such provision were a regulation of
the Association.
ARTICLE XI
Mortgagee !ie~iSiOnS
The fOllOWing~r ns apply to the Properties,
and none may be amended t the consent of at least two-third
(2/3) of the first mort s:
Section 1. Consent of Lenders Required.
two-thirds (2/3) of the institutional holders of first
within the Properties have given their prior approval,
Association shall not be entitled to:
Unless
mortgages
the
(a) by act or omission seek to abandon, alienate,
release, partition, hypothecate, subdivide, enumber, sell, or
transfer any common area owned, directly or indirectly, by the
Association for the benefit of the Residentail Units; provided,
however, the granting of easements for public utilities or for
other public purposes consistent with the intended use of such
Common Area shall not be deemed a transfer within the meaning
of this clause;
(b) change the method of determining the
obligations, assessments, dues, or other charges which may be
levied against an owner;
(c) by act or omission change, waive, or
abandon the system of regulations and enforcement established
in this Declaration for architectural design or the exteriof
appearance and maintenance of Residential Units, and the
maintenance of the Common Area in the Properties; or
(d) use hazard insurance proceeds for losses to
any Common Area for other than the repair, replcement, or
reconstruction of such Common Area.
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BGOK 423 PAGl459
Section 2. Payment of Taxes. First mortgagees
of Residential Units or parcels may, jointly or singly, pay
taxes or other charges which are in default and which mayor
have become a charge against any Common Area and may pay
overdue premiums on hazard insurance policies or secure new
hazard insurance coverage on the lapse of a policy for such
Common Area. First mortgagees making such payments shall be
owed immediate reimbursement therefor from the Association.
Section 3. No Priority. No provision of this
Declaration gives or shall be construed as giving any owner or
any other party priority over any rights of the first mortgagee
of a Residential Unit pursuant to its mortgage in the case of
a distribution to such owner of insurance proceeds or condemna-
tion awards for losses to or a taking of Common Area.
Section 4. Notice to Mortgagee. Notwithstanding
anything contained herein which might otherwise be construed
to the contrary, a first mortgagee, upon request designating
such unit, will be entitled to written notification from the
Association of any default in th~erformance by any owner of
a Residential Unit or parcel i~ 'ch such mortgagee has an
interest of any obligation u~ t is Declaration which is not
cured within sixty (60) da~~
Section 5. ~agement Agreement Limitations.
Notwithstanding anything contained herein which might otherwise
be construed to the contrary, any agreement for professional
management of the Common Area, or any other agreement providing
for services by others in respect of the functions and responsi-
bility of the Association herein may not exceed one (1) year
and must provide for termination by either party without cause
and without payment of a termination fee on thirty (30) days
or fewer ~rritten notice.
ARTICLE XII
General Provisions
Section 1. Term. The covenants and restrictions
of this Declaration shall run with and bind the Properties,
and shall inure to the benefit of and shall be enforceable by
the Association or the owner of any property subject to this
Delcaration, their respective legal representatives, heirs,
successors and assigns.
Section 2. Amendment. This Declaration may be
amended only by the affirmative vote (in person or by proxy)
or written consent of members representing a majority of the
total voting power of the Association, together with any
required affirmative approval of first mortgagors as hereinabove
provided in Article XI. Any amendment must be recorded among
the land records of Pitkin County, Colorado.
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BGOK 423 PAGE 460
Section 3. Indemnification. The Association
shall indemnify every every officer and director against any
and all expenses, including counsel fees, reasonably incurred
by or imposed upon any officer of director in connection with
any action, suit or other proceeding (including settlement of
any suit or proceeding, if approved by the then Board of
Directors) to which he or she may be a party by reason of
being or having been an officer or director. The officers and
directors shall not be liable for any mistake of judgment,
negligent or otherwise, except for their own individual willful
mesfeasance, malfeasance, misconduct or bad faith. The officers
and directors shall have no personal liability with respect to
any contract or other commitment made by them, in good faith,
on behalf of the Association (except to the extent that such
officers or directors be also members of the Association), and
the Association shall indemnify and forever hold each such
officer and director free and harmless against any and all
liability to others on account of any such contract or commitment.
Any right to indemnification provided for herein shall not be
exclusive of any other rights to which any officer or director,
or former officer or director, may be entitled. The Association
shall, as a common expense, maintain adequate general liability
and officers' and directors' lia~lity insurance to fund this
obligation. ~,
Section 4. ion of Use. Any owner may
delegate, in accordance e By-Laws, Rules and Regulations
of the Association, his 0 er right of enjoyment to the
Common Area and facilitie to the members of his or her family,
tenants, and social invitees.
Section 5. Owner's Right to Ingress, Egress, and
Support. Each owner shall have the right to ingress and
egress over, upon, and across the Common Area necessary for
access to his or her Residential Unit and shall have the right
to lateral support for his or her Residential Unit, and such
rights shall be appurtenant to and pass with the title to each
Residential Unit.
Section 6. Easements of Encroachment. There
shall be and hereby are granted reciprocal appurtenant easements
of encroachment as between each Residential Unit and such
portion or portions of the Common Area adjacent thereto to the
extent any such easements may be necessary to maintain any
improvements to the Property at the time hereof existing in
their present configuration and proximity.
Section 7. Easements for Utilities, Etc. There
is hereby reserved the power to grant blanket easements upon,
across, over, and under all of the property for ingress,
egress, installation, replacing, repairing, and maintaining
master television antenna systems, security, and similar
systems, and all utilities, including, but not limited to,
water, sewers, telephones, and electricity. By virtue of any
-14-
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BGOK 423 PAGE 461
such easement, it shall be expressly permissible for the
providing utility company or other supplier or servicer to
erect and maintain the necessary pIes and other equipment on
said property and to affix and maintain utility wires, circuits,
and conduits on, above, across, and under the roofs and exterior
walls of the Residences. Notwithstanding anything to the
contrary contained in this paragraph, no sewers, electrical
lines, water lines, or other utilities may be installed or
relocated on the property, except as may be approved by the
Association's Board of Directors. Should any entity furnishing
a service covered by the general easement herein provided
request a specific easement by separate recordable document,
the Board of Directors shall have the right to grant such
easement on said property without conflicting with the terms
hereof. The easements provided for in this Article shall in
no way adversely affect any other recorded easement on the
Properties.
Section 8. Pets. No animals, livestock, or
poultry of any kind shall-se-raised, bred, or kept on the
Properties, except that no more than a total of two (2) normal
household pets may be kept in Residential Units, subject to
rules and regulations adopted by the Association through its
Board of Directors, provided that su~ pets are not kept,
bred, or maintained for any comme c ~~purpose. Subject to
such Rules and Regulations that. y adopt, or from time to
time amend, the Board shall e absolute power to prohibit
pets from bein kept on the Pr ties, including inside Residen-
tial Units constructed thereon.
Section 9. Severability.
one of these covenants or restrictions
order shall in no way affect any other
remain in full force and effect.
Invalidation of any
by judgment or court
provisions which shall
Section 10. Perpetuities. If any of the covenants,
conditions, restrictions, or other provisions of this Declara-
tion shall be unlawful, void, or voidable for violation of the
rule against perpetuitie, then such provisions shall continue
only until twenty-one (21) years after the death of the longest
lived member of the presently constituted City Council of the
City of Aspen, Colorado.
of Residential
y written eases
Minimum Terms. Residential Units shall be
restricted to m~n~mum six-month lease terms with no more than
two shorter tenancies per year.
Lessee to Com 1
Effect of Non-Comp iance. A
terms and conditions of this
-15-
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~
OOOK 423 PAGE 462
Association, the Articles of Incorporation, and the rules and
regulations from time to time promulgated thereunder by the
Board of the Association.
Each owner agrees to cause his lessee, occupant,
or persons living with such owner or with his lessee to comply
with the Declaration, By-Laws, and the rules and regulations
promulgated thereunder, and is responsible and liable for all
violations and losses caused by such tenants or occupants,
notwithstanding the fact that such occupants of the unit are,
as well, fully liable for any violation of the documents and
regulations; failure to comply shall be, at the Board's option,
considered a default in the lease.
In the event that a lessee, occupant, or person
living with the lessee violates a provision of the Declaration,
By-Laws, or rules and regulations adopted pursuant thereto,
the Board shall have the power to bring an action or suit
against the lessee to recover sums due for damages or injunc-
tive relief, or for any other remedy available at law or
equity, incluidng, but not limited to, all remedies available
to a landlord upon the breach or default of the lease agreement
by the lessee.
The Board
reasonable fines upon th
lessee, occupant, or
imposed under the Dec
tions adopted pursuant
the lessee, occupant, or
the Common Area.
s a ~lso have the power to impose
ee for any violation by the
living with the lessee of any duty
ion, By-Laws, or rules and regula-
ereto, and to suspend the right of
person living with the lessee to use
IN WITNESS ~mEREOF, the undersigned Declarant has
executed this Declaration this day of
1982.
PITKIN LTD., a Colorado
corporation
ATTEST:
By
, President
Secretary
(Acknowledgment on Page 17)
-16-
The foregoing instrument was acknowledged before me
this day of , 1982, by
, as President and
as Secretary of Pitkin Ltd., a Colorado corporation,
-
,-,
STATE OF COLORADO
COUNTY OF PITKIN
)
) ss.
)
WITNESS my hand and official seal.
My commission expires:
My address is:
(SEAL)
..}~<arY
<;:J~~
BGOK 423 PAGE 463
Public
-17-
^
1""'-.
PARTY WALL DECLARATION FOR
OOOK 423 PAGE 464
LOTS and
PITKIN RESERVE
THIS DECLARATION, made this
1982, by PITKIN LTD., a Colorado
called Declarant,
day of
corporation, hereinafter
,
RECITALS
A. Declarant is the present owner, in fee simple, of
certain improved real property situated in the County of
Pitkin, State of Colorado, and described legally as being Lots
and , Pitkin Reserve, according to the Plat thereof
recorded-rn-Plat Book at Pages of the records of
pitkin County, ColoradO;-(hereinafter such lots being collec-
tively referred to as the "Property"),
B. Declarant has P~~USlY caused the division of the
Property and the existi~~o-family dwelling improvement
thereon, into two s~~~townhouse Lots, as shown and desig-
nated on the Plat o~~in Reserve above referenced.
C. Declarant intends to sell and convey such townhouse
lots as separate townhouse parcels with the improvements now
constructed thereon, separated by a common or party wall, and
to make provision in this Declaration for certain conditions,
reservations, easements, liens and charges, and restrictions
as hereinafter set forth.
D. Declarant hereby declares that the Property shall be
so divided, and that the Lots shown on the townhouse plat
shall be held, sold and conveyed, subject to the following
easements, reservations, restrictions, liens and charges,
covenants, conditions and definitions, which are for the
purpose of protecting and preserving the value and desirability
of each Lot and of the Property as a whole, and that the same
shall run with the land and be binding upon all parties having
any right, title or interest in such townhouse Lots or any
part thereof, their heirs, successors and assigns and the same
shall inure to the benefit of each Owner thereof, his heirs,
successors or assigns.
ARTICLE I
Definitions
1. "Property" shall mean and refer to all of the real
property described in Recital A above.
,,-.
,,-
BGOK 423 PAGE 465
2. "Lot" shall
parcel of the Property as
Pitkin Reserve above and
Lot letter thereon, title
in fee simple.
mean and refer to any divisible
depicted and shown on the Plat of
below referenced and described by
to which shall be owned and conveyed
3. "Townhouse" shall mean and refer to the portion
of the existing two-family dwelling located upon a Lot, including
appurtenant rights in and to the party wall, as hereinafter
provided.
4. "Unit" shall mean the Lot and Townhouse.
S. "Plat" shall mean and refer to the Final Plat
for pitkin Reserve recorded in Plat Book at Pages
of the Pitkin County, Colorado records. ---
6. "Owner" shall mean and refer to the record
owner, including Declarant, whether one or more persons Or
entities, of the fee simple title to any Lot situated upon the
Property. :\
7. "Deed of Tru ~hall mean and refer to a deed
of trust or mortgage in~ n of record constituting a lien
upon a Lot as security ~ an indebtedness or other consideration.
8. "First Mortgagee" shall mean a person or persons,
or entity, which is the beneficiary of a deed of trust or
mortgage constituting a first lien against a Lot.
ARTICLE II
Party Wall
A. Easement for pary Wall. The wall and any structural
extension that forms the division between the two units of the
present townhouse improvements on the Property, is hereby
declared to be a party wall, as shown and located on the Plat,
to be shared and owned in common by the Owners.
Each Lot shall be subject to an easement for encroach-
ment created by construction, settling or overhang of the
present party wall constructed upon the Property, and to a
reasonable degree, any subsequent improvement, addition or
replacement thereof, and for the maintenance of the same so
long as such encroaching portion of the improvements stands
and shall exist. In the event the townhouse is partially or
totally destroyed by fire or other disaster and rebuilt by the
Owners, such Owners agree that minor encroachments of parts of
the adjacent Townhouse building upon a Lot due to such recon-
struction, shall be permitted and that a valid easement for
said encroachment and the maintenance thereof shall and does
exist.
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BGOK 423 PAGE 466
Each Owner shall have an easement for horizontal and
lateral support for the Townhouse and other improvements
situated on such Owner's Lot.
B. Responsibility for Party Wall. Except as is otherwise
provided in this Declaration, the cost of reasonable maintenance,
repairs and replacement of the party wall shall be the joint
expense of the Owners. The cost of repairs and maintenance of
the finished surface of the party wall located within a Lot
shall be the sole expense of the Owner of such Lot.
An Owner shall have the right reasonably to maintain
and repair any utility installation located within a party
wall but in so doing shall restore the party wall to its
original condition.
C. Negligence by Owner. In the event the party wall is
damaged or destroyed by the act, omission, default or negligence
of one of the Lot Owners, such Owner shall rebuild or repair
the wall and shall compensate the other Owner for any damage
to the latter's property. ~
In addition, an ~wlo by negligence or willful
act causes or permits a p 11 to be exposed to the elements
of nature, shall bear t e cost of furnishing the necessary
protection against such ments so as to protect the party
wall and the other Owner's property against such elements.
D. Standard of Repair. Any repairs or rebuilding of
the party wall shall be done in a workmanlike manner, and
shall conform, in all respects, to the laws regulating the
construction, restoration or repair of buildings in force at
the time.
E. Insurance. To the extent that damages to the party
wall are covered by insurance, the full insurance proceeds
shall be used and applied to repair, restore and replace the
party wall. Except as provided above, any deficiency shall be
paid as the joint expense of the Owners, without prejudice,
however, to the right of an Owner to demand a larger contri-
bution from the other Owner under any rule of law governing
liability for negligent or willful acts or omissions.
F. Common Law Application. To the extent they are not
inconsistent with the provisions of this Declaration, the
general rules of law regarding party walls shall apply to the
real property subject hereto.
-3-
~j
.,.....,.
ARTICLE III
OOOK 423 PAGE 467
Owner's Maintenance Responsibility
For purposes of maintenance, repair, alteration and
remodeling of a Unit, an Owner shall be responsible for all
surfaces ( i.e., exterior, interior, structural and nonstruc-
tural) physically serving or connected with his Unit and all
utility systems ( ~, pipes, wires, conduits) commencing at
the point where any of such systems depart an area of common
usage or an area of usage restricted to the other Unit and
begin in the direction of his Unit. All surfaces jointly
serving both units such as a party wall, and all utility
systems in any area of common usage shall be maintained,
repaired, altered or remodeled jointly by the Owners, with
each Owner being responsible for one half of all expenses.
Each Owner shall indemnify and hold the other forever harmless
from and against any and all loss or damage of whatsoever
nature occasioned in the performance of his respective obligation
of maintenance and repair, or in his failure to perform, and
in the alteration or remodeling of any areas for which he is
responsible as herein provided.
No repair, alteration'~Odeling or maintenance thereof
shall modify the appearance color scheme of the exterior
improvements as they may ~t from time to time without the
written consent of b_t ~e Owners and of any collective
association of homeo within pitkin Reserve. Any right to
repair, alter and rem 1 shall carry with it the obligation
to replace any finishing materials removed with similar or
other types or kinds of finishing materials of equal or better
quality, and to maintain the exclusive use area in neat and
clean condition. An Owner shall maintain and keep the interior,
together with exterior surfaces and other non-interior areas
for which he is responsible in good repair and condition.
ARTICLE IV
Reservation for Access -
Maintenance, Repair and Emergencies
Each Owner shall have the irrevocable right to have
reasonable access to the other Unit during reasonable hours as
may be necessary for the inspection, maintenance, repair or
replacement of the party wall or any utilities located therein
or for making emergency repairs necessary to prevent damage to
the party wall or a Unit. Damage to any part of a Unit resulting
from maintenance, repair, or replacement of the party wall or
as a result of emergency repairs within a Unit shall be a
Common Expense of all of the Owners; provided, however, that
if such damage is the result of the negligence of a Unit
Owner, then such Unit OWner shall be responsible for all of
such damage.
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,-....,
BGOK 423 PAGE 468
Any utility service provided to the improvements for the
common utilization by each Owner, shall be the joint expense
of the Owners and the rules respecting a nonpayment of any
such joint expense, as set forth in Article VI hereof, shall
be applicable. However, in the event any such utility service
is capable of and shall be separately metered and billed to
the separate Owners, each Owner shall then pay his separate
share of such expense as billed. In the event that an improvemen
to joint utilities is for the comfort or convenience of a
single Owner and the other Owner does not elect in advance, in
writing, to share expenses thereof, then the utility service
shall not be deemed to be at the joint expense of both Owners
even though common utilization results from such improvement.
ARTICLE V
I~rance
A. Joint Insuranc ~T e Owners shall jointly obtain
and maintain replacem ~'ue insurance for fire, lightning
and other common ha or the entire building or buildings
as, from time to tim may occupy the Property, equal in
amount to at least 80% of the value of such building or buildings
and which amount shall be reviewed annually by such Owners and
increased as needed to equal such 80% of value. Premiums for
such insurance shall be the joint expense of Owners, each
Owner to pay one-half of such expense within ten (10) days of
the receipt of the premium notice for such policy. In the
event any Owner fails to make any payment required by this
paragraph, the rights granted to a nondefaulting Owner in
Article VI shall apply.
B. Separate Insurance. In addition to the joint in-
surance required to be carried by the Owners, an Owner may, if
so desired and at that Owner's sole expense, insure his own
Lot and Townhouse located wholly thereon, for his own benefit
and protection and at his sole expense, as well as any other
form of insurance coverage deemed advisable. It shall be the
individual responsibility of each Owner, at his separate
expense, to maintain and pay for homeowner's liability insurance.
C. Use of Proceeds.
premises as a result of fire
by the following provisions:
Damage or destruction of the
or other casualty shall be governed
1. In the event of damage or destruction due
to fire or other disaster, the insurance proceeds, if sufficient
to reconstruct the residence, shall be promptly applied by the
Owner(s) to such reconstruction;
-5-
'^"""
-,
!lOOK 423 PAGE 469
2. If the insurance proceeds are insufficient
to repair and reconstruct the residence, the Owner or Owners
whose Unit(s) have been damaged shall be free to determine
whether to repair or reconstruct their respective Unit(s). In
the event it is determined not to repair or reconstruct, the
damaged portion shall not be left in an untidy or visually
detracting state.
ARTICLE VI
A. Nonpayment of Common Expenses. All sums due but
unpaid for the share of joint expenses chargeable to any Unit,
including interest thereon at eighteen percent (18%) per
annum, from a date thirty (30) days after such sums have been
assessed, shall constitute a lien on such Unit superior (prior)
to all other liens and encumbrances except:
1. Tax and special assessment liens on the
Unit in favor of any governmental assessing entity;
2. All sums unpaid on a first mortgage or
first deed of trust of record, including all unpaid obligatory
sums as may be provided by such encumbrance, including additional
advances, refinance or extens~ of these obligations made
thereon prior to the arisin~~such a lien.
To evidence such lien ~~rieved Owner may, but shall not
be required to, prepa~itten notice setting forth the
amount of such unpaid ~ndebtedness, the name of the defaulting
Owner of the Unit and a description of the Unit. Such a
notice shall be designed by the aggrieved Owner, as appropriate,
and may be recorded in the Office of the Clerk and Recorder of
the County of Pitkin, State of Colorado. Such lien for the
joint expenses shall attach from the date of the failure of
payment of the debt, and may be enforced by foreclosure on the
defaulting Owner's Unit by the aggrieved Owner in like manner
as a mortgage or deed of trust on real property upon recording
of a notice or claim thereof. In any such foreclosure, the
defaulting Owner shall be required to pay the costs and expenses
of such proceedings, the costs and expenses for filing the
notice or claim of lien and all costs and reasonable attorneys'
fees incurred in enforcement of the lien claim. The foreclosing
party shall have the power to bid on the Unit at foreclosure
sale and to acquire and hold, lease, mortgage and convey same.
The amount of the joint expenses chargeable against each Unit
and the costs and expenses, including attorneys' fees, of
collecting the same shall also be a debt of the Owner thereof
at the time the same is due. Any mortgagee holding a lien on
a Unit may pay any unpaid joint expense payable with respect
to such Unit, and upon such payment such mortgagee shall have
a lien on such Unit for the amounts paid of the same priority
as the lien of such paying mortgagee's encumbrance. The right
to foreclose such lien shall not preclude an independent
-6-
,.......,
-,
OOOK 423 PAGE 4'70
action by the aggrieved owner against the defaulting owner for
collection of the unpaid indebtedness, plus the aggrieved
owner's costs and reasonable attorneys' fees, in all cases
being additional sums due.
B. Liability for Joint Expense Upon Transfer of Unit.
Upon the written request of any Owner or of any Mortgagee Or
prospective Mortgagee of a Unit, the Owner of the other Unit
shall issue a written statement setting forth the amount of
the unpaid joint expenses, if any, with respect to the subject
Unit, the amount of the current monthly or other periodic
assessment and the date such assessment becomes due, and any
credit for advance payments or from prepaid items, which shall
be conclusive upon the issuer of such statement in favor of
all persons who rely thereon in good faith. Unless such
statement of indebtedness is furnished within fifteen days,
all unpaid joint expenses which became due prior to the date
of such request shall be subordinate to the lien of the mort-
gagee requesting such statement.
The grantee of a Unit shall~e jointly and severally
liable with the grantor for a~~~aid assessments against the
latter for his proportio~a e of the joint expenses up to
the time of the grant or yance, without prejudice to the
grantee's right to recov rom the grantor the amounts paid
by the grantee. However, pon written request, any prospective
grantee shall be entitled to a statement from the Owner of the
other Unit setting forth the amount of the unpaid assessments,
if any, with respect to the subject Unit, the amount of the
current monthly assessment and the date that such assessment
becomes due, and any credit for advanced payments or for
prepaid items, which shall be conclusive upon the issuer of
such statement. Unless such request for a statement of indebted-
ness shall be complied with within fifteen (15) days of such
request, then such grantee shall not be liable for, nor shall
the Unit conveyed be subject to a lien for any unpaid assessments
against the subject Unit.
ARTICLE VII
Arbitration
In the event of any dispute arising between the Owners
concerning any provis1on of this Declaration, except resulting
from the nonpayment of common expenses, which shall be resolved
in the manner set forth in Article VI, above, the same shall
be resolved by arbitration in accordance with the practice,
rules and regulations of the American Arbitration Association.
Notice of the demand for arbitration shall be filed in writing
with the other owner(s) and with the American Arbitration
Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen.
In no event shall the demand for arbitration be made after the
-7-
~"
.-,
BOOK423 PAGE471
date when institution of legal or equitable proceedings based
on such claim, dipuste or other matter in question would be
barred by any applicable statute of limitations. The award
rendered by the arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any
court having jurisdiction thereof.
ARTICLE VIII
General provisions
A. Covenants Run With Land. The covenants, easements,
reservations, liens and charges, and conditions and restrictions
of this Declaration shall run with and bind the land and shall
inure to the benefit of and be enforceable by the Owner or
Owners of each Lot, their respective legal representatives,
heirs, devisees, successors, and assigns. This Declaration, or
any provision herein, may be amended or terminated at any time
by an instrument in writing signed by all then Owners of Lots
and all then beneficiaries of Deeds of Trust thereon. Such
amendment or revocation must be duly recorded in the office of
the Clerk and Recorder of the County of Pitkin.
B. Grammar. The sin ~ar wherever used herein shall be
construed to mean the plu .~en applicable and the necessary
grammatical changes re' to make the provisions hereof
apply e.ither to a c ion or to individuals, men or women,
shall in all cases b ended as though in each case fully
expressed.
C. Consent. Whenever consent is required under this
Declaration, consent shall not be unreasonably withheld.
D. Attorneys' Fees. Should this Declaration become the
subject of litigation or arbitration to resolve a claim of
default in performance by either party, the party who is
determined to be in default shall pay the attorneys' fees,
expenses, and costs of the nondefaulting party.
E. Mailing of Notices. Each Owner shall supply his
mailing address to the other Owner and all notices or demands
intended to be served upon any Owner shall be either hand
delivered or sent by certified mail, postage prepaid, addressed
in the name of the Owner at such mailing address. All notices
or demands to be served on Mortgagees pursuant hereto shall be
sent by certified mail, postage prepaid, addressed in the name
of the mortgagee at such address as the mortgagee may have
furnished to the Owners in writing, or any address appearing
in the recorded mortgage or deed of trust. Any notice referred
to in this paragraph shall be deemed given when actually
delivered or when deposited in the mails in the form provided
for in this paragraph.
-8-
~
,-,
BGOK 423 PAGE -4 '72
G. Invalid Provision. If any provision of this Decla-
ration shall be determined to be void by any court of competent
jurisdiction, then such determination shall not affect any
other provision hereof, all of which other provisions shall
remain in full force and effect. It is the intention of the
Declarant that if any provision of this Declaration is capable
of two constructions, one of which would render the provision
void and the other of which would render the provision valid,
then the provision shall have the meaning which renders it
valid.
H. Governing Law. The law of the State of Colorado
shall govern the interpretation and effect of this Declaration.
IN WITNESS WHEREOF, the undersigned, being the
Declarant herein, has hereunder set its hand and seal the day
and the year first above written.
PITKIN LTD., a Colorado
corporation
~~ By
~~
, President
By
, Secretary
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was
day of
acknowledged before me this
, 1981, by
, as President and by
, as Secretary of Pitkin
Ltd. ,
a Colorado corporation.
WITNESS my hand and official seal..
My commission expires:
My address is:
(SEAL)
Notary Public
-9-
,
^
A.
PEN
OOOK 423 PAGE 4'73
March 4, 1982
Robert W. Hughes, Esq.
OATES, HUGHES & KNEZEVICH, P.C.
600 E. Hopkins, Suite 200
Aspen, CO 81611
Re: Financial Assurances for Improvements at
Pitkin Reserve'
Dear Bob:
Pursuant to our discussion yesterday regarding re-
quired financial assurances for proposed improvements at Pitkin
Reserve, this letter is intended to set a dollar figure for the
estimated cost of improvements of particular concern to the City.
Following my conversation with you and a brief meeting with Dan
McArthur, Paul Taddune and myself, a determination was made as to
those items under the proposed schedule of improvements (Exhibit
D to the Subdivision Agreement) requiring a financial guaranty.
It was determined that the improvements of particular
concern to the City were those involving all utility mains,
drainage, road work, electric relocations and revegetation along
the County roadway.
The dollar amount to be inserted on Section XI of the
Agreement should be $337,586.00, which is the total construction
estimate for all proposed improvements in Exhibit D ($534,504.00)
excluding the fOllowing:
1.
Water Improvements
I" Service lines
3";'1/2" Service Line
$ 2,250.00
300.00
II.
Sewer Improvements
Service taps
4,550.00
,
r
/',
Robert W. Hughes, Esq.
~arch 4, 1982
Page Two
III. Gas System
3/4" Service Connections
IV.
Landscaping of Private Units
Total Construction to be
Excluded
Total Construction Estimate
Service Connections not
requiring Guaranty
FINANCIAL ASSURANCE kMOUNT
OOOK 423 PAGE 4"74:
$ 2,100.00
187,718.00
196,918.00
534,504.00
-196,918.00
$337,586.00
Please contact me should you need further assistance
or clarification.
Sincerely,
JWH/caa
cc: Paul Taddune
Alan Richman
Engineer
MESSAGE DISPLAY
TO
Ellen Sassano
CC
reid haughey
From: Tom Newland
Postmark: Feb 27,92 6:59 AM
Status: Previously read
Subject: Reply to: trails
------------------------------------------------------------------------------
Reply text:
From Tom Newland:
Pitkin Reserve's Landscape Architect, Julia Marshall, has vbeen
calling me wondering what are response might be. I told her that we
don't have one yet. I am copying you on this, ellen, so that you can
have a hard copy for your files.
Preceding message:
From Ellen Sassano:
maintenance, surface, width, site distance at intersection with Rio
Grande, fencing, signs, vegetation, etc.. Reid - is my recommendation
to you enough, in conjunction with other Staff comments to make a
decision? or do you need more input?
Please make a hard copy of this CEO for me, as I forgot to copy
myself. THANKS
-------========x========-------
MESSAGE DISPLAY
TO Ellen Sassano
From: Tom Newland
Postmark: Feb 27,92 7:00 AM
Status: Previously read
Subject: Reply to: trails
------------------------------------------------------------------------------
Reply text:
From Tom Newland:
here is a copy for your files, ellen
Preceding message:
From Ellen Sassano:
Talked to Gary Lacy today. He doesn't have any specific experience
with requests similar to Pitkin Greens, but generally concurred that
one 2 to 3 foot wide trail connection would be ok, as long as we got
a public trail connection through to Willoughby Way. Re: the concern
about trail connections sprouting up along the entire length of the
trail - He recommended that we look at connections on a case by case
basis, based on spacing of trails, overall public benefit, # of users
benefiting from trail, physical constraints, etc. I think that sounds
ok and that we should structure an agreement with PG re: (cont.)
-------========x========-------
.
-2
MEMORANDUM
TO:
Tom Newland ~
Reid HaUghey~~ -
Pitkin Reserve Homeowners Improvements
FROM:
SUBJECT:
DATE:
December 30, 1991
==========================================================~===
I am reluctant to support granting a private easement onto the
Denver & Rio Grande, but am willing to support it as long as the
easement is consistent with all of the staff recommendations,
including that it be a single connection rather than six separate
connections, and that all improvements be temporary in nature.
In addition, please have John Ely review the proposed easement
agreement so that it accurately reflects a fee ownership of the
Denver & Rio Grande right-of-way and that such ownership is for all
purposes, not just trails.
This voluntary granting of access to our trail easement will
increase the value of property in pitkin Reserve. Trail
maintenance is a significant funding issue within the City and.
County. Therefore, I believe that an appropriate price should be
set for this access. I am at a loss to determine the value of it,
but a review of the maintenance costs may help with that. Please
advise.
cc: Suzanne Konchan
_ Ellen Sassano
pcsem/wp/12.651
MESSAGE DISPLAY
TO Ellen Sassano
From: Tim Whitsitt
Postmark: Dec 30,91 3:09 PM
Subject: Pitkin Reserve/ Rio Grande Trail Improvements
--,----------------------------------------------------------------------------
Message:
Thanks for the FYI copy. I don't have any legal problems with this
at all, however, I agree with your concerns as to the location of
vegetative screening and future trail uses. If our lands are heavily
planted in a way that would make a rail alignment more difficult,
expensive or require it to remove a substantial portion of these
improvements, we could have big problems. You might want to check
with Tom Newland to see how much room there is for such planting in
our property before it potentially interferes with this alignment.
-------========x========-------
.
.
("'.
..-,
flspen Gonsolidated Sanitation (Dislnct
565 North Mill Street
Aspen, Colorado 81611
Tele.(30Sl925.:1601
FAX 1{303) 925.2537
I:;y K~lly - Chairman
John J. Snyder-Trail"
LouiaPopi8h.Secy.
Albert Bi8hop
Frank Louahin
BruceMatherly,Mgr,
NU\) 2. 5
November 25, 1991
Ellen Saa..no
Pitkin County Planning Office
130 S. aahna
Aapen CO 81611
RE: Pitkin Re.erve Homeowner. Improvements-Rio Grande Trail
Dear sllen,
The Aspen Consolidated Sanitation District would like to make
the followinlJ cOftIllenta concerning Robin Kiernan'. letter of 1-6-91:
A. GRAVEL TRAIL CONNECTIONS TO THE BIKE PATH
Since the ..wer line is very .hallow in this ar..,
no outa in vertical qrllde to the .ewer ea.l'lm.nts
ahould b. mad. without ACSD review.
B. PROPERTY LINE F~CE
Ten foot wide gatea should be provided on the eaat
.nd vellt boundarie. to allow beavy vehicle accells
for sewer line ole.ninV and emergenoy maintenance.
C. VBGETATION SCREENING
The ACSD will be replacing thia outfall sewer line
in the near future. We require that 0.0 trees.
ahrubl or e.tenllive landscaping ba allowed within
the ealemant.
Plea.e Vive me a call if you have any quelltiona.
~"'1,,;?4 _, ff
- /4-,/~ I
Thomas R. Bracewell
Collection SYllt~ Superintendent
EFA AWARDS OF EXCELLENCE
1976.1986.1990
R~;G10NAL AND NATIONAL
MESSAGE DISPLAY
TO
CC
Ellen Sassano
Bud
CC
Stan Berryman
From: Bud Eylar
Postmark: Nov 25,91
9:01 AM
Subject: Rio Grande Trail Easement
------------------------------------------------------------------------------
Message:
Ellen, I have reviewed the request and have the fOllowing comments:
1) Any easement granted shall be revokable at the sole discretion of
the county. 2) There should be at least one (1) public access
granted to connect with the pUblic road. 3) Any improvements made by
the property owners shall be removed by them at their expense if the
County revokes the easement. 4) If plantings are to be installed for
screening, why are fences proposed? If fences are allowed they should
be no higher than 42 inches. 5) Owners shall be responsible for all
maintenance of access trails, p1antings and fences.
-------========x========-------
,:1--."".;".4.
/
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MEMORANDUM
TO:
Ellen Sassano, Planning Office
FROM:
Tom Newland
RE:
Proposed Pitkin Reserve Trail Connections and Landscaping
DATE:
November 25, 1991
-----------------------------------------------------------------
-----------------------------------------------------------------
I have reviewed the information submitted and would like to forward
the following comments to you:
The proposed concept to place private trail access to the lots
within the Pitkin Reserve and to place fencing and landscaping to
buffer the trail from these homes seems like a good idea for both
the County and the homeowners. I think that at least some of these
connections have already been placed, and this proposal seems to
be an honest attempt at "legalizing" the existing connections and
to allow access for the other lots. I suggest that the homeowners
enter into a formal Agreement with the Board of County
Commissioners regarding the use of County Property for private
purposes. Similar agreements have been established in the past
(i.e. Mountain Valley property owners seeking the use of county
rights-of-way for parking, Wilk Wilkinson obtaining permission to
upgrade Smuggler Mountain Road for private access). Attached for
your review is a draft of an agreement for this particular
proposal. This draft agreement was developed from a recent
agreement between Dave stutsman and the BOCC for placement of a
private utility within a public road right-of-way.
I believe that the agreement is necessary to make sure that the
proposed private improvements will:
be constructed to County standards;
be constructed within a definitive time frame;
receive any and all land use and development approvals prior
to construction;
be successfully revegetated upon completion;
not interfere with the public use of the property when under
construction;
not burden the County with any additional liability;
be limited to the proposal specifically designated within the
agreement, and not be a "blanket" approval for other
improvements contemplated in the future;
not cost the County any money;
be allowed on the property provided that the owner realizes
that the County may remove or alter the improvements at any
time for reasons as defined without permission from the
homeowners;
not create, confirm or acknowledge any rights in the public
property by the homeowners other than the temporary,
terminable rights set forth by the agreement and those rights,
if any, accruing to the public at large in the property.
In addition to the agreement, the County may want to consider any
extractions that can be made from the Pitkin Reserve property
owners as compensation for this proposed use of public property for
private gain. For example, would a connector trail from Willoughby
Way to the Rio Grande Trail be useful to the trails system? What
about pUblic access to the river over the Pitkin Green open space
parcel for fishing and recreation? Would additional right-of-way
along Willoughby Way be useful for future road improvements?
Thank you for soliciting my comments on this matter. If I could
be of any further assistance, please contact me.
cc: County Attorney
Bud Ey1ar
Patrick DUffield, City Parks
Mark Fuller
MESSAGE DISPLAY
TO Ellen Sassano
From:
Postmark:
John Ely
Nov 15,91
10:56 AM
Subject: Pitkin Reserve-Rio Grande Trail
------------------------------------------------------------------------------
Message:
I dont have any legal reasons why the connections can not be made.
The decision is totally within the descretion of the County.
-------========x========-------
MEMORANDUM
TO:
County Attorney
Bud Eylar, County Engineer
Patrick DUffield, Parks
Tom Newland
Mark Fuller, Open Space/Trails Board
Aspen Water and Sanitation District
FROM:
Ellen Sassano, Planning Office
RE:
Proposed Trail Connections and Landscaping
DATE:
November 14, 1991
-----------------------------------------------------------------
-----------------------------------------------------------------
Attached f.or your review and comments is a letter submitted by
Robin Kiernan, Landscape Architect for Mt. Daly Enterprises,
requesting approval for proposed trail connections and landscaping
in the Pitkin Reserve area. The Planning Department and the County
Manager would like written comments regarding this proposal by
November 25, 1991.
Should you have any questions, you can reach me at 920-5090.
Thanks!
-~'._r
~
.
J'O'
~
MT. DALY ENTERPRISES
Robin Kiernan' Landscape Architect
Post Office Box 5010
Aspen. Colorado 81612
624
November 6, 1991
Ellen Sassano
Pitkin County Planning Office
130 S. Galena
Aspen, Colorado
81611
NfNii'J9:)!
Dear Ellen,
I am writing to you on behalf of the Pitkin Reserve Homeowners, whose homes are located
in the city of Aspen, north of the Rio Grande Bicycle Path,The Pitkin Reserve homeowners
desire to install the following improvements between their houses and the bicycle path:
A. Gravel Trail Connections to the bicycle path.
These trail connections would be beneficial to the Open Space area because it would
keep the homeowners from having to take their bicycles through the existing sage
fields, and potentially damaging or wearing down the native vegetation. I was
recommended by Leslie LaMont to speak with the Water District and the
Sanitation District, to make sure there would not be any conflicts with their interests.
I spoke with Bruce Matherly and Tom Bracewell from the Sanitation District. They
had no problems with a gravel path crossing their easement. I spoke with Larry
Ballinger from the Water Department, and his only concern was that he would not
want any permanent structures to be built over the easement area.
B . Property Line Fence
As there is no real distinction between private property and public property along the
south property lines, the homeowners wish to make this distinction for their own
privacy and security.
C. Native Vegetation Screening
As shown on the plans, the homeowners would like to plant native vegetation along
portions of the bicycle path, so that it will be screened from their views. The
screening for Lots 3,4,5,and 6 is located on lot 8, within the Relocated Railroad
R.O. W., and in some places adjacent to the water and sanitation easements. The
proposed areas of planting would be irrigated. The irrigation system would be
sourced from the Pitkin Reserve properties. The costs for the gravel trails, the
plantings, and the irrigation system would be assumed by the Pitkin Reserve
homeowners. The type of plant material Pitkin Reserve is proposing would be:
Plant Name
a. Aspen
b. Cottonwood
c. Colorado Spruce
d.Sage
e.Serviceberry
Size
5 gal-2" cal.
1 1/2"-2" cal.
6-15'
1 gal.
5 gal-4-5'
~
.
Pitkin Reserve
Page Two
In speaking with Bruce Matherly and Tom Bracewell from the Sanitation District,
their request was to avoid planting within their 20' easement. I do not think this will
be a problem. If they would be willing to mark their easement in the field, we would
plant outside of this area.
In speaking with Larry Ballinger from the Water District, I was told that these
improvements would not be a problem. The water line is located 7-8' feet below the
surface of the ground, and would not be impacted by planting, gravel trails, or
irrigation,
I also met on site with Pat Duffield from the Parks Department. His request was to
not plant to within 3' of the bicycle path, and to keep the sight lines open. I believe
we can accomodate this easily, while also providing adequate screening for the
homeowners.
The majority of the proposed plantings are located within Lot 8 of Pitkin Reserve. My
understanding is that Lot 8 is apart of the city, however it is owned by the county, Our
question to you is a simple one, and that is whether Pitkin Reserve would be able to plant
and irrigate in this area. The proposed plants are native to the area, and would enhance this
open space while at the same time providing more privacy for the homeowners. As the
cost would be assumed by the homeowners, the County should look at this improvement
as a bonus to the community.
I will be looking forward to discussing this further at the next Planning and Zoning
meeting,
Sincerely,
.
~~
Robin Kiernan
Mt. Daly Enterprises
,
~,~
MEMORANDUM
TO:
Reid Haughey, County Manager
Suzanne Konchan, County Planning Director ~
THRU:
RE:
Pitkin Reserve Homeowners Improvements - Rio Grande Trail
FROM:
Ellen sassano, Planner
-----------------------------------------------------------------
-----------------------------------------------------------------
The Pitkin Reserve Homeowners Association has expressed an interest
in providing improvements along the northern edge of the Rio Grande
Bicycle Path. (Please see attached Exhibit). They wish to install
the following improvements:
1. Gravel trail connections from their individual lots to the
Rio Grande trail;
2. Landscaping along the path to provide screening of the path
from their residences;
3. Property line fencing;
A letter of request from the Homeowners has been attached for
reference.
The portion of the Rio Grande trail on which they wish to place
improvements is owned by Pitkin County, and located within the city
of Aspen. There are no city reviews required to accomplish these
improvements. Therefore, the only decision to be made is whether
it is in the best interest of the County to allow the trail
connections and landscaping to occur along the Rio Grande Trail.
I have attached referrals from the Assistant County Manager, the
County Engineer, the County Attorney and the Aspen Consolidated
Sanitation District for reference. Pat Duffield of the Parks
Department has indicated verbally that their primary concern is
that site distances along the trail not be compromised by placement
of landscaping.
Regarding the trail connections, staff recommends that one shared
connection (if any) be allowed, rather than the six separate
connections proposed. Several private trail connections may
promote trespassing and result in signs and gates which may be
unsightly along the trail.
If a trail connection is allowed, it is recommended that
it be gravel rather than paved. It is also recommended that a
reciprocal trail easement be granted to cross the subdivision to
access Willoughby Way from the Rio Grande property.
Regarding landscaping, it is recommended (particularly if screening
is the intent), that it be placed within the private property
boundaries. Given the uncertainty of future use of the Rio Grande
right-of-way
encumbered.
recommended:
it
If
seems prudent
landscaping
to
is
leave the right-of-way
approved, the following
un-
is
1. ~ll costs including installation, replacement (if necessary),
and maintenance be borne by the Homeowners;
2. That financial security which meets approval of the County
Attorney be provided by the Homeowners;
3. That any easement granted for landscaping and/or trail
connections be revokable at the sole discretion of the County,
and that any improvements made by the property owners be
removed by them at their expense if the County revokes the
easement;
4. That owners be responsible for maintenance of access trails,
p1antings and fences;
5. That landscaping be comprised of native species and designed
to blend in with existing vegetation in the area;
6. That site lines along the trail remain un-obstructed;
'It is recommended that any fencing requirements be satisfied within
the confines of the private property.
I would like to respond to the Homeowners as soon as possible.
Please let me know if you need any additional information. I will
be on vacation from December 23rd to the 30th. If you would like
to contact the homeowners representative, Robin Kiernan can be
reached at 925-1624. Thanks for your help!
2
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