HomeMy WebLinkAboutcoa.lu.su.Ute City Pl.1985
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SUBDIVISION AGREEMENT ..... ~.~
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THIS AGREEMENT, made and entered into this Z.~D tfiy dI~
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L>.Ec~~~ , 1985, by and between the CITY OF ASPEN, COt3RAD~, a
municipal corporation and home-rule city (hereinafter referred to
as "City"), and JOHN H. ROBERTS JR. (hereinafter referred to as
"Ownerll),
WIT N E SSE T H:
-------
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation, a subdivision exception and condomin-
ium plat (hereinafter "the Plat") concerning the construction of
a 22 unit condominium building on property owned by Owner
described as Lots C, D, E, F, and G, Block 118, City of Aspen,
County of Pitkin, State of Colorado (said project being hereinaf-
ter referred to as "Ute City Place"); and
WHEREAS, on April 2, 1985, the Planning and Zoning Commis-
sion granted preliminary plat approval subject to specific condi-
tions and on May 20, 1985, the City Council granted final plat
approval; and
WHEREAS, the City Council is willing to approve, execute and
accept for recordation the Plat on the condition that the Owner
agrees to all matters contained in this Agreement; and
WHEREAS, the City desires to impose certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, as are necessary to protect, promote and
enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide
by and faithfully perform all of the conditions and requirements
imposed by the City; and
WHEREAS, pursuant to Section 20-16(c) of the Aspen Municipal
Code, the City is entitled to assurances that the matters herein-
after agreed to will be faithfully performed by Owner and Owner's
successors and assigns; and
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WHEREAS, the Owner is willing to provide such assurances to
the City.
NOW, THEREFORE, 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 mutu-
ally agreed as follows:
A. CONSTRUCTION SCHEDULE
Owner anticipates that Ute City Place will be constructed to
coincide with the construction of the Aspen Mountain LOdge,
Phase I, and that substantial completion of Ute City Place will
coincide with the completion of Phase I of the Aspen Mountain
Lodge.
B. CONSTRUCTION OF IMPROVEMENTS
Owner shall be responsible for the construction and instal-
lation of all applicable improvements required by Section 20-
16(a) of the Aspen Municipal Code, and as are indicated on the
Plat. The nature and extent of such improvements are as follows:
1. Landscaping. Owner shall landscape Ute City Place
in substantial conformance with the Landscaping Plans for Ute
City Place prepared by Berridge Associates, Inc. under date of
April, 1985 which are on file with the City Engineer, as modified
by Jim Holland in his memo dated February 26, 1985. Owner shall
install an irrigation system to serve the landscaping.
2. Sidewalk. Owner shall construct a new sidewalk,
curb and gutter along the entire frontage of Ute City Place on
Cooper Street in accordance with City specifications.
3. Drainage. Owner shall provide for all drainage
needs of Ute City Place on site. Owner agrees that no on-site
drainage from Ute City Place shall be routed to City storm
sewers.
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C. FINANCIAL ASSURANCES
In order to secure the performance of the construction and
installation of the site and landscaping improvements described
in Paragraph B, above, and to guarantee one hundred percent
(100%) of the current estimated cost of such improvements, which
estimated cost is calculated by the City Engineer to be
$20,100.00 (as such amount may be updated from time to time as
herein provided), Owner shall guarantee, by sight draft or letter
of commitment or credit from a financially responsible lender
(either or both to be irrevocable until such construction is com-
pleted), that funds in the amount of such estimated cost are held
by it for the account of Owner for the construction and installa-
tion of the above-described improvements. Said guaranty shall be
delivered to the City prior to the issuance to Owner of a build-
ing permit for Ute City Place, shall be in a form acceptable to
the City Attorney and the City Manager, and shall give the City
the unconditional right, upon default by the Owner, to withdraw
funds upon demand to partially or fully complete and/or pay for
any of such improvements or pay any outstanding bills for work
done thereon by any party, with any excess guaranty amount to be
applied first to additional administrative or legal costs associ-
ated with any such default and the repair of any deterioration in
improvements already constructed before the unused remainder (if
any) of such guaranty is released to Owner. As portions of the
required improvements are completed, the City Engineer shall
inspect them, and upon approval and written acceptance, he shall
authorize the release from the guaranty delivered by Owner of the
agreed estimated cost for that portion of the improvements except
that ten percent (10%) of the estimated cost shall be withheld
until all proposed improvements are completed and approved by the
City Engineer.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
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for a period of one (1) year from and after acceptance thereof in
writing by the City. In addition to this warranty, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as beneficiary, with respect to all
improvements required by Paragraph B.
The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing
municipal improvements damaged during the course of construction
of new improvements.
D. PARKING SPACES
The Owner shall designate and provide twenty-seven (27) on-
site (off-street) parking spaces as such parking spaces are indi-
cated and designated on the Plat. The City of Aspen and the
Owner have agreed that .5 parking spaces shall be provided for
each employee residing at Ute City Place. Thus, 18.5 parking
spaces shall be provided by Owner for use by the 37 employees
residing at Ute City Place. Owner may designate the surplus
parking spaces for use by other nearby employee housing projects
owned by Owner which may have a deficiency of parking, e.g. the
Alpina Haus located at 935 East Durant Avenue, Aspen, Colorado.
E. DEED RESTRICTIONS
Owner agrees that the twenty-two (22) units, comprised of
six studios, twelve I-bedroom apartments and four 2-bedroom
apartments, and housing a total of 37 employees, shall be dedi-
cated to City employee housing moderate income rental and price
guidelines and restrictions.
The foregoing employee housing commitment shall be performed
in the following manner. Contemporaneously with the execution of
this Agreement, Owner has signed, acknowledged and delivered into
escrow with the Aspen City Clerk a "Dedication of Real Property
to Employee Housing Restrictions and Guidelines" covering Ute
City Place, which Dedication is to be held by the City Clerk
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subject to the following instructions. At the same time that the
City issues and delivers to Owner a valid and effective Certifi-
cate of Occupancy for Ute City Place, the City Clerk shall and is
hereby authorized, empowered and instructed to record in the
Pitkin County, Colorado real property records the Dedication
covering Ute City Place.
Owner agrees to confirm to City the status of title to the
Ute City Place employee housing property as follows: At the time
that Owner applies for a Certificate of Occupancy for Hotel
Phase I of the Aspen Mountain Lodge Project, as described in the
Planned Unit Development/Subdivision Agreement of Aspen Mountain
Subdivision, Owner shall deliver to the City Attorney a current
Owners' and Encumbrancers' Report issued by a local title insur-
ance company covering Ute City Place, together with either a
release or a subordination of any monetary liens disclosed by
such Report as those liens may affect the subject Dedication.
Finally, Owner covenants that from and after the date hereof any
entities lending funds secured by Ute City Place shall be given
actual notice of the Dedication requirements contained in this
Agreement.
F. FIREPLACES
Owner agrees not to install any fireplaces in any of the
twenty-two (22) units.
G. CURB CUT
Owner agrees to install the curb cut on the easterly portion
of the real property. Owner shall apply to the Colorado State
Department of Highways for a driveway permit from Highway 82
prior to the issuance of a building permit for Ute City Place.
H. PERMANENT CARE AND MAINTENANCE OF LANDSCAPING
Owner agrees that it shall be the perpetual responsibility
of the owner or owners from time to time of Ute City Place to
maintain, care for, and replace when necessary, all trees,
shrubs, plants and other landscaping features which may be
-5-
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SOOK 500 PAGE642
planted in connection with or which are otherwise incorporated in
Ute City Place pursuant to the landscape plans submitted to the
City.
I. PARK DEDICATION FEE. In accordance with the provisions
of Section 20-18(A)(7) of the Municipal Code, the City Council
has determined at its May 13, 1985, meeting that Ute City Place
constitutes a bona fide moderate income housing development and,
wishing to subsidize its construction, the City Council has
exempted said development from the application of Section 20-18.
J. FORMATION OF IMPROVEMENT DISTRICT. In the event that
any municipal improvement or improvements of a kind contemplated
in Section 20-16 of the Municipal Code of the City of Aspen, as
amended, become, in the sole judgment or discretion of the City
Council of the City of Aspen, necessary or desirable to the area
of the above described property, Owner will make no objection to
any special assessment or special tax or proceeding therefor on
the basis that Ute City Place is adequately served by existing
improvements and/or the basis that the premises will not be
served or benefited by the improvement or improvements proposed.
Owner further agrees to join, upon the demand therefor by the
City, any special improvement district, urban renewal district,
or downtown development district formed for construction of such
improvements (including, without limitation, signage, drainage,
underground utilities, paved streets and alleys, planting, curbs,
gutters, sidewalks, street lights, traffic circulation, trails,
recreation facilities, berms, open space lands, public transpor-
tation facilities, parking, etc.,) in the area of the above-
described property or to reimburse the City of Aspen directly
upon demand therefor if the City should choose to construct these
improvements without the formation of such a district.
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K. MISCELLANEOUS
1. The provisions hereof shall be binding upon and insure
to the benefit of the Owner and City and their respective succes-
sors and assigns.
2. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Munici-
pal Code of the City of Aspen.
3. If any of the provisions of this Agreement or any para-
graph, sentence, clause, phrase, word, or section or the applica-
tion 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 provisions, paragraph, sentence,
clause, phrase, word or section in any other circumstance shall
not be affected thereby.
4. This Subdivision Agreement contains the entire under-
standing between the parties herein with respect to the transac-
tions contemplated hereunder and may be altered or amended from
time to time only by written instruments executed by each of the
parties hereto.
5. Numerical and title headings contained in this Agreement
are for convenience purposes only, and shall not be deemed
determinative of the substance contained therein.
6. Any notices required to be given to the parties to this
Agreement shall be deemed to be given if personally delivered or
deposited in the United States mail to the parties by registered
or certified mail at the addresses indicated below:
City of Aspen
City Manager
130 South Galena Street
Aspen, Colorado 81611
Owner or his successors or assigns:
John H. Roberts, Jr.
P. O. Box CC
Aspen, Colorado 81612
-7-
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BOOK 500 PtiGE644
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day and year first set forth above.
CITY:
THE CITY OF ASPEN, COLORADO
a Colorado municipal corporation
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By
William
Mayor
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Stirling
APPROVED AS TO FORM:
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Paul J. Ta dune
City Attorney
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OWNER:
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Jolin H. ROberts, Jr.
STATE OF COLORADO
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COUNTY OF PITKIN
The above and foregoing S~bdivisio~Agree~ent was
acknowledged before me this~^= day of ~~>>eV , 1985, by
William Stirling, Mayor, and Kathryn S. Koch, City Clerk, of the
City of Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires:ma..n.c..h..Z9 1~'8'l
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STATE OF ~l~rAJb
COUNTY OF fl.,~..n.
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The foregoing Spbdivision Agreement was acknowledged before
me this ~ day of ~-e.re",,\'er , 1985, by John H. ROberts, Jr.
Witness my hand and official seal.
My commisf?ion expires: O?:,}2.'l }e'f
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SUBDIVISION AGREEMENT
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THIS AGREEMENT, made and entered into this
day of
, 1985, by and between the CITY OF ASPEN, COLORADO, a
Municipal corporation and Home-Rule City (h~reinafter referred to
as "City"), and ASPEN MOUNTAIN JOINT VENTURE, a Colorado joint
venture (hereinafter referred to as "Owner").
WI! N ~ ~ ~ E !!!.:
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation, a subdivision exception and condomin-
ium plat (hereinafter "the Plat") concerning the construction of
a 22 unit condominium building on property owned by Owner
described as Lots C, D, E, F, and G, Block 118, City of Aspen,
County of Pitkin, State of Colorado; and
WHEREAS, on April 2, 1985, the Planning and ZOning Commis-
sion granted preliminary plat app')val subject to specific condi-
tions and on
198 ; the City Council granted
final plat approval; and
WHEREAS, the City Council is willing to approve, execute and
accept for recordation the Plat on the condition that the Owner
agrees to all matters contained in this Agreement; and
WHEREAS, the City desires to impose certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, as are necessary to protect, promote and
enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide
by and faithfully perform all of the conditions and requirements
imposed by the City; and
WHEREAS, pursuant to Section 20-l6(c) of the Aspen Municipal
Code, the Owner is required to provide assurances that it will
fai thfully per form the condi tion: and requi remen ts as her einafter
agreed to prior t.o the City's acc.."ptance and approval of the
Plat;
NOW, THEREFORE, 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 mutu-
ally agreed as follows:
A. CONSTRUCTION SCHEDULE
Owner anticipates that Ute City Place will be constructed to
coincide with the construction of the Aspen Mountain LOdge,
Phase I, and that substantial completion of Ute City Place will
-
coincide with the completion of Phase I of the Aspen Mountain
~ ~
Lodge which is set for December 1, 1986.
B. CONSTUCTION OF IMPROVEMENTS
Owner shall be responsible for the construction and instal-
lation of all improvements required by Section 20-16(a) of the
Aspen Municipal Code, and as are indicated on the Plat. The
nature and extent of such improvements are as follows:
1. Landscaping. Owner shall landscape Ute City Place
in substantial conformance with the Landscaping Plans for Ute
City Place prepared by Berridge .ssociates, Inc. under date of
Apr il, 1985 which are on fil e wi th the Ci ty Engineer, as mod ified
by Jim Holland in his memo dated February 26, 1985. Owner shall
install an irrigation system to serve the landscaping.
2. Sidewalk. Owner shall construct a new sidewalk,
curb and gutter along the entire frontage of Ute City Place on
Cooper Street in accordance with City specifications.
3. Drainage. Owner shall provide for all drainage
needs of Ute City Place on site. Owner agrees that no on-site
drainage from Ute City Place shall be routed to City storm
sewers.
C. FINANCIAL ASSURANCES
In order to secure the performance of the construction and
installation of the site and landscapino improvements n=cribed
in Paragraph B, above, and to gl rantee one hundred percent
-2-
.'
(100%) of the current estimated cost of such improvements, which
estimated cost is calculated by the City Engineer to be $
(as such amount may be updated f[ ~ time to time as herein pro-
vided), Owner shall guarantee, by sight draft or letter of com-
mi tment or cred it from a financially responsible lender (either
or both to be irrevocable until such construction is completed),
that funds in the amount of such estimated cost are held by it
for the account of Owner for the construction and installation of
the above-described improvements. Said guaranty shall be
-
del ivered to the Ci ty pr ior to the issuance to Owner of a build-
ing permit for Ute City Place, shall be in a form acceptable to
the City Attorney and the City Manager, and shall give the City
-
the unconditional right, upon default by the Owner, to withdraw
funds upon demand to partially or fully complete and/or pay for
any of such improvements or pay any outstanding bills for work
done thereon by any party, with any excess guaranty funds appli-
cable to additional administrativn or legal costs associated with
any such default and the repair o any deterioration in improve-
ments already constructed. As portions of the required improve-
ments are completed, the City Engineer shall inspect them, and
upon approval and written acceptance, he shall authorize the
release from the guar.anty delivered by Owner of the agreed esti-
mated cost for that portion of the improvements except that ten
percent (10%) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
Engineer.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one (l) year from and after acceptance thereof in
writing by the City. In addition to this warranty, the Owner
shall obtain from its contractors customary warranties of good
workmanship with the City as bene~~ciary, with respect to all
improvements required by Paragrapl 'B.
-3-
The Owner shall and hereby agrees to provide unto the City a
warranty as to all improvements for a period of one (1) year from
and after .acceptance by the City of such improvements.
The Owner shall further guarantee 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 of this Article.
D. PARKING SPACES
The Owner shall designate and provide tWE!nty-seven (27) on-
site (off-street) parking spaces as such parking spaces are indi-
cated and designated on the Plat. The City of Aspen and the
Owner have agreed that .5 parking spaces shall be provided for
each employee residing at Ute Ci
Place. Thus, 18.5 parking
spaces shall be provided by Owner for use by the 37 employees
residing at Ute City Place. Owner may designate the surplus
parking spaces for use by other nearby employee housing projects
owned by Owner which may have a deficiency of par king, e.g. the
Alpina Haus located at 935 East Durant Avenue, Aspen, Colorado.
E. DEED RESTRICTIONS
Owner agrees that the twenty-two (22) units, comprised of
six studios, twelve .l-bed room apar tments and four 2-bed room
apartments, and housing a total of 37. employees, shall be dedi-
cated to City employee housing moderate income rental and price
gui.delines and restrictions.
The foregoing employee housing commitment shall be performed
in the following manner. Contemporaneously with the execution of
Owner has signed acknowledged and delivered into
with the Aspen City Clerk the Dedication of Real Property
to Employee Housing Restrictions and Guidelines covering Ute City
~
-
Place in the form attached hereto as Exhibit A, which Dedication
is to be held by .!:.he City Clerk subject .to the following instruc-
tions. At the same time that the City issues and delivers to
-4-
Owner a valid and effective Certificate of Occupancy for Ute City
Place, the City Clerk shall and is hereby authorized, empOwered
and instructed to record in the Pitkin County, Colorado real
property records the Dedication covering Ute City Place.
Owner agrees to confirm to City the status of title to the
subject employee housing properties as follows: At the time that
Owner applies for a Certificate of Occupancy for Uotel Phase I,
as described in the Planned Unit Development/Subdivision Agree-
ment Aspen Mountain SUbdivision, Owner shall deliver to the City
Attorney a current Owners' and Encumbrancers' Report issued by a
local title insurance company c 'ering Ute City Place, together
with either a release or a subor:ination of any monetary liens
disclosed by such Report as those liens may affect the subject
Dedication. Finally, Owner covenants that from and after the
date hereof any entities lending funds secured by Ute City Place
shall be given actual notice of the Dedication requirements
contained in this Agreement.
F. FIREPLACES
Owner agrees not to install any fireplaces in any of the
twenty-two (22) units.
G. CURB CUT
Owner agrees to install the curb cut on the easterly portion
of the real property. Owner shall apply to the Colorado State
.
Department of Uighways for a driveway permit from Uighway 82
pr ior to the issuance of a buil,: ':ng permit for Ute Ci ty Place.
U. PERMANENT CARE AND MAINTENANCE OF LANDSCAPING
Owner agrees that it shall be the perpetual responsibility
of the owner or owners from time to time of Ute City Place to
maintain, care for, and replace when necessary, all trees,
shrubs, plants and other landscaping features which may be
planted in connection with or which are otherwise incorporated in
-5-
OIl
Ute City Place pursuant to the landscape plans submitted to the
City.
I. PARK DEDICATION FEE. In accordance wi th the prov isions
of Section 20-18(A)(7) of the Municipal Code, the City Council
has determined at its May 13, 1985, meeting that Ute City Place
constitutes a bona fide moderate income housing development and,
wishing to subsidize its construction, the City Council has
exempted said development from the application of Section 20-18.
...
J. FORMATION OF IMPROVEMENT DISTRICT. In the even t tha t
any municipal improvement or ire~~ovements of a kind contemplated
in Section 20-16 of the Municip21 Code of the City of Aspen, as
amended, became, in the sole judgment or discretion of the City
Council of the City of Aspen, necessary or desirable to the area
of the above described property, Owner will make no objection to
any special assessment or special tax or proceeding therefor on
the basis that Ute City Place is adequately served by existing
improvements and/or the basis that the premises will not be
served or benefited by the improvement or improvements proposed.
Owner further agrees to join, upon the demand therefor by the
City, any special improvement district, urban renewal district,
or downtown development district formed for construction of such
improvements (including, without limitation, signage, drainage,
underground utilities, paved streets and alleys, planting, curbs,
gutters, sidewalks, street lights, traffic circulation, trails,
recreation facilities, berms, (en space lands, public transpor-
tation facilities, parking, etc ~) in the area of the above-
described property or to reimburse the City of Aspen directly
upon demand therefor if the City should choose to construct these
improvements without the formation of such a district.
-6-
K. MISCELLANEOUS
1. The provisions hereof shall be binding upon and insure
to the benefit of the Owner and City and their respective succes-
sors and assigns.
2. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Munici-
pal Code of the City of Aspen.
3. If any of the provisions of this Agreement or any para-
graph, sentence, clause, phrase, word, or section or the applica-
tion 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 provisions, paragraph, sentence,
clause, phrase, word or section in any other circumstance shall
not be affected thereby.
4. This Subdivision Agreem"'it contains the entire under-
standing between the parties herein with respect to the transac-
tions contemplated hereunder and may be altered or amended from
time to time only by written instruments executed by each of the
parties hereto.
5. Numerical and title headings contained in this Agreement
are for convenience purposes only, and shall not be deemed
determinative of the substance contained therein.
6. Any notices required to be,given to the parties to this
Agreement shall be deemed to be given if personally delivered or
deposited in the United States mail to the parties by registered
or certified mail at the addresses indicated below:
-
City of Aspen
City Manager
130 South Galena
Aspen, Colorado
Street
81611
Owner or its successors or 1si9ns:
,
Aspen Mountain Joint Venture
P. O. Box CC
Aspen, Colorado 81612
-7-
IN WITNESS WHEREOF, the parties he.reto have hereunto set
their hands and seals on the date and year respectively indicated
in full understanding and agreement to the terms and conditions
herein contained.
CITY OF ASPEN
A Colorado Municipal Corporation
By
William L. Stirling
Mayor
ATTEST:
Kathryn S. Koch
City Clerk
APPROVED AS TO FORM:
~\-=0
Paul J. Taddune
City Attorney
~
OWNER:
Aspen Mountain Joint Venture,
a Colorado joint venture
By: ROBERTS ASPEN PROPERTIES, INC.,
a Texas corporation
By: JIJJ/fA1;
Jth~J'H." Roberts, Jr.
President
and By: ~
J n H. Roberts, Jr.
-8-
,
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The above and foregoing Subdivision Agreement was
acknowledged before me this day of , 1985, by
William L. Stirling, Mayor, and Kathryn S. Koch, City Clerk, of
the City of Aspen.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing Subdivision Ag,!ement was acknowledged before
me this J,..t=.day of \'''\>'l , 1:;5, by John H. Roberts, Jr.,
individually and as pre~dent of Roberts Aspen Properties, Inc. a
Texas corporation, Venturers, Aspen Mountain Joint Venture, a
Colorado joint venture.
Witness my hand and official seal.
My commission expires:
":J C:i1,ml,:,.io~ Expiras June 8, lSCS
cL-r.d _
Notary Public
~
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-9-
EXHIBIT A
DEDICATION OF REAL PROPERTY
TO
EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES
(UTE CITY PLACE)
THIS DEDICATION, made and entered into this
day of
, 198__, by Aspen Mountain Joint Venture, a Colorado
joint venture (hereinafter referred to as "Owner"),
WIT N E SSE T H:
WHEREAS, Owner is the record owner of the following-
descr ibed improved real proper ty si tua ted in the County of
Pitkin, State of Colorado, to wit:
Lots C, D, E, F and G, Block 118, City and Townsite of Aspen
(herinafter referred to as "Ute City Place"): and
WHEREAS, pursuant to
provisions of that certain Planned
Unit Development Agreement for Aspen Mountain Subdivision
recorded in Book
at page
of the Pitkin County,
Colorado real property records, Owner is required at this time to
dedicate certain of the residential units in said Ute City Place
to specific employee housing restrictions and guidelines: and
WHEREAS, Owner desires by this instrument to effect such
dedication upon and with respect to Ute City Place.
NOW, THEREFORE, for and in consideration of the execution
and recording by the City of Aspen, Colorado of the above-
referenced P.U.D. Agreement for Aspen Mountain Subdivision, and
for other good and valuable considerations, the receipt and suf-
ficiency of which are hereby aCknowledged, Owner hereby covenants
and agrees as follows:
2. In addition, the twenty-two (22) units in Ute City
Place shall be and hereby are restricted to a maximum occupancy
of thirty-seven (37) employees, with first priority to be given
at all times to empJoyees of thehotel(s) or lodge(s) in opera-
tion from time to time on the lands encompassed by the above-
referenced P.U.D. Agreement for Aspen Mountain SUbdivision. Ver-
ification of an employee's income and employment qualifications
shall be accomplished by the City of Aspen or its designee prior
to and as a condition of each employee's occupancy of a unit in
Ute City Place.
3. The dedication and covenants contained herein shall be
deemed a burden upon and to run with the title to Ute City Place,
shall be binding upon the Owner and its successors and assigns
and upon all other persons or entities having any right, title or
interest in or to Ute City Place or any part thereof, and shall
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. inure to the benefit of and be specifically enforceable by the
City of Aspen or its designee by any appropriate legal action
including injunction, abatement or eviction of non-complying
tenancies, all for a period of fifty (SO) years from the date of
recording hereof in the Pitkin County real property records.
4. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by a written instrument executed by both the Owner
or its successors or assigns and the City of Aspen, Colorado and
duly recorded in the Pitkin County real property records.
IN WITNESS WHEREOF, the Owner has hereunto set its hand and
seal as of.. the day and year fi r st above wr i tten.
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OWNER:
Aspen Mountain Joint Venture,
a Colorado joint venture
BY:
John H. Roberts, Jr., Venturer
AND BY: Rober ts Aspen Proper ties, Inc.,
a Texas corporation, Venturer
BY:
President
STATE OF COLORADO
)
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COUNTY OF PITKIN
The foregoing
day of
~Venturers
venture.
Dedication was acknowledged before me this
, 1985 by John H. ROberts, Jr., one of
in Aspen Mountain Joint Venture, a Colorado joint
Witness my hand and official seal.
My commission expires:
Notary Pub1 ic
STATE OF COLORADO
)
) ss.
)
COUNTY OF .PITKIN
The foregoing Dedication was acknowledged before me this
day of , 1985 by John H. Roberts, Jr., as Presi-
dent of Roberts Aspen Properties, Inc., a Texas corporation, one
of the Venturers in Aspen Mountain Joint Venture, a Colorado
j oint venture.
Witness my hand and official seal.
My commission expires:
Notary Public
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