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HomeMy WebLinkAboutcoa.lu.su.Ute City Pl.1981 .;- " . ~_'-",.....~'.r '" f"',. ;:;r oooK422 PAGE514, ~ c..u f\,) ~ (,0 .::. I ." =f,r- ~o Z::tI , ,.., 0... -;-; .:-<> :no> ITI> OZ Oz ::af11 0:;:0 .... :;:0 SUBDIVISION AGREEMENT I'\.) VJ ... ;g - - "'" ,...., 4 THIS AGREEMENT, made this pl.f#. day of i.k-eemf3,{;Jt. , 1981, by and between the City of Aspen, Colorado (herein- after referred to as "City") and C. M. CLARK and ALEXANDER G. KASPAR (hereinafter collectively referred to as "Sub- divider") . WIT N E SSE T H : ---------- WHEREAS, the Subdivider has submitted to the City for approval, execution and recordation, a.final plat (herein- after "the plat") concerning the construction of a 22 unit condominium building on property owned by Subdivider known as Lots C, D, E, F and G, Block 118, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, on June 23, 1981, the Planning an~ Zoning Commission granted preliminary plat approval subject to specific conditions and on July 13, 1981, the City Council granted final plat approval; and WHEREAS, the City Council is willing to approve, execute and accept for recordation the plat on th~ condition that Subdivider agree to all matters contained in this agree- ment; and WHEREAS, the City desires. to impose certain condi- tions and requirements in connection with its approval, exe- cut ion and recordation of the plat, as are necessary to protect, promote and enhance the public welfare; and WHEREAS, the Subdivider is willing to acknowledge, accept, abide by and faithfully perform all of the condi- tions and requirements imposed by the City; and WHEREAS, pursuant to Section 20-16(c) of the Aspen Municipal Code, the Subdivider is required to pro- vide assurances that it will faithfully perform the condi- tions and requirements as hereinafter agreed to prior ~ A -. BOOK 422 PAGE 515 to the City's acceptance and approval of the final 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 mutually agreed as follows: I. CONSTRUCTION OF IMPROVEMENTS Subdivider and its assigns shall be responsible for the construction and installation of all improvements required by Section 20~16(a) of the Aspen Municipal Code, and as are indicated on the plat. The nature, extent and estimated cost of such improvements shall conform to the schedule annexed hereto and made a part hereof as Exhibit "A". II. FINANCIAL ASSURANCES Pursuant to Section .20-16 (c) of the Aspen Municipal Code and prior to the issuance of <any permits for construc- j tion, Subdivider shall provide a guaranty for no less than one hundred percent (100%) of the estimated costs of the im- ;.provements indicated on.Exhibit "A" annexed hereto and made a part hereof and as approved by the City Engineer. The guaranty to be provided by Subdivider shall be in the form of a cash escrow with the City or a bank or savings and loan association; or shall be in the form of an irrevocable site draft or letter of commitment from a financially responsible lender; and such guaranty shall give the City the uncondi- tional right, upon default, by the Subdivider, or itssucces- sors 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 are completed, the City Engineer shall inspect them and, upon approval and acceptance, he :. shall authorize the release of the agreed estimated cost for 2. 1""'\ ~ . BOOK 422 PAGE 516 that portion of the improvements except that ten percent (10%) of the estimated cost shall be withheld until all pro- posed improvements are completed and approved by the City Engineer. The Subdivider, its successors and assigns shall and hereby agree 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 Subdivider, its successors and assigns 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. III. PARKING SPACES The Subc1ivider, its successors and assigns shall ~ designate ahd prov~de twenty-six (26) on-site (off street) parking spaces meeting. the requirements of Article IV of Chapter 24 of the Aspen Municipal Code, as such parking spaces are indicated and designated on the plat. IV. WATER LINE The City of Aspen is in the process of construc- ting an 8" intercept water line on Cleveland Street between Hyman and Cooper Streets. At such time as construction is completed on said line and on the line to be constructed on Cooper Street (so that the Subdivider has the ability, sub- ject to the appropriate application to the Water Department, to tap on to the Cooper Street line), and the City has adopted the anticipated new plant investment fee structure, Subdivider c 3. ~:. r- A. , 8DOK 422 PACE 517 . agrees to elect one of the two following options at his sole discretion, prior to being permitted to tap on to said line: 1. Subdivider will pay the full plant invest- ment fee based upon the current rates plus an additional amount equal to one-half of the actual cost of the portion of the new intercept line running from the 12" line on Hyman Street to the hydrant on the south side of Cooper Street (a distance of approximately 330') or, alternatively, 2. Subdivider will pay the total amount of the new, increased, plant investment fee which is anticipated to take effect August 5, 1981, whichever dollar amount results in a lower payment by the Subdivider to the City. V. DEED RESTRICTIONS Subdivider agrees that Units 101 through 106, 20~, .203, 205, 206, J and K,. will not be rented or sold except in accordance with the low income .guidelines estab- . lished by the City of Aspen for the per:i.,j)d October, 1980 . .to October,.-1981, plus sucs increases as are permitted by ~.. . those guidelines and that Units 201 and 204 will not be rented or sold except in accordance with moderate income guidelines established by the City of Aspen for the period October, 1980 to October, 1981, plus such increases as are permitted by those guidelines. Subdivider agrees that all of the units in the project will be subject to the following rental restriction: If any unit is rented, it must be rented for a term of not less than six months per calendar year and for only two shorter tenancies per calendar year. 4. "'"' ^ BOOK 422 PACE 518 VI. FIREPLACES Subdivider agrees not to install any fireplaces in 14 of the 22 units and to install Majestic metal fire- places, Model Number MHC 36, which are energy conserving, free air fireplaces, in each of the eight other units. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Subdivider 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 and the Municipal Code. of the City of Aspen. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or sedtion or the application thereof in any circumstance is invali- dated, such invalidity shall not affect the validity of the I , . I remainder of this Agreement, and the application of any such provision, p~ragraph, sentence, clause, phrase, word or section in any other circumstance shall not be affected thereby. D. This 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 execu- ted by each of the parties hereto. E. Numerical and title headings contained in this Agreement are for convenience purposes only, and shall not be deemed determinative of the substance contained therein. F. 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 5. f"'*', ^ BOOK422 PAGE519 indicated below: City of Aspen City Manager l30 South Galena Aspen, Colorado Street 81611 Subdivider or its successors or assigns C. M. Clark and c/o C. M. Clark Post Office Box Aspen, Colorado A. G. Kaspar 566 81611 IN WITNESS WHEREOF, the parties hereto have here- unto set their hands and seals on the date and year respec- tively indicated in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN A Colorado Municipal Corporation By ~,-~ Herman Edel . Mayor '1.\lltlliii'UI \\_~:l.\\ ~ 1!'l Iff, "'''1, .",oJ ~v ,t>{;,J.f;$$^" /, \.\.~,..,,:. \. ,'~'~TT if1 :-"::''''. n _ "" f f:..)~:" ", ~ ;:: . ~ f ~;:I., -;1 ~ ;,,J Kath:r;"Yn~s.' ", Ci t);~ q~r .. "'- ~..,....."<!>'~ \~ ..",' ''-';" I.. 17 t c ~~ '> \\''''~,_':'::' ."""''''''il/pil'tiovEB .AS TO FORM: ;?'!:i'Z:..> \~,;,:,)':l: '.8J<~ -, ~..L::A .,,;LPauITTafufune .Ci tyAttorney ~ - ,,",,"' STATE OF COLORADO ) ) ss. County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corpora- tion, and C. M. CLARK and ALE DER G. KASPAR, was acknowledged before me this~~ day of , 19~ by HERMAN EDEL, Mayor, and KATHRYN ity Clerk, of the City of Aspen. WITNESS my hand and official seal. My commission expires: df/~~/~8 ,\;~\ltHI'/tltf \\\~ ,_ I", .~,:-\~ \~ \?x:\."fE t' 11'..,<,";.., '::''.;< ,("J,,'''');..'~ --........... ."'l- ,.."", ~ ~\..._c '.' $. ~'\~~~' '""-.- '"~, ~ ,,",CC: .A? ",-' ~ ~". 'Ai..-' ':,,.. ~ ",': -~ r ,c. ~ .....'f/;,"0' -Q- .0... ;; ., ..' /'8 'C ;;;:" '" 7" '. v ,~) ~ -,' ~ -d.\. .. l-..l ,"' ~ ,,~-~ "__ _.... 'V ",,' - <;...., O' 'H~- " \'9 "" /,/; t:"CO\ f'l'\:. I'"~ "","'/1""""",1\ ,,-/1._. ." "c"~ ; ~y Public /.30 /~. ~( C-tJ ~~I/ !"'>, ^ -' .- \ OOOK 422 PAGE 52 C. M. Al~~;f~ STATE OF COLORADO ) ) ss. County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corpora- tion, and C. M. CLARK and ALEXANDER G. KASPAR, was acknowl- edged before me this ~ J-c-.4..day of r::J~ , ~98l, by C. M. CLARK and ALEXANDER G. KASPAR. WITNESS my hand and official seal. My commission expires: //-olJ-~1 r'~"-' ' ;:.,).,<....., . . .' 7. , . . 1"""'. " .~ I:lOOK 422 PAGE 521 EXHIBIT "A" To Subdivision Agreement Between The City of Aspen and C. M. Clark and Alexander G. Kasper Improvements to be constructed and installed by Subdivider: 1. Estimated Cost Sidewalk the length of the property along Cooper Street to City specifications; $ 2625.00 2. $ 100.00 Road sign indicating that a left turn may not be made into the project by indivi- duals travelling west on Cooper Street (State Highway 82). Construction Schedule: .,Construction of the above improvements will be completed, not later than October 1, 1982. :