HomeMy WebLinkAboutlanduse case.AP.691 Pfister Dr.A053-99
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CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A053-99
2735-112-09044
Lot 48, Maroon Creek Club Insubstantial Amendment
Lot 48, Maroon Creek Club
Sarah Oates
Insubstantial Amendment
Nina and Joshua Saslove
same
No Action Tak
4/21/00
J. Lindt
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MEMORANDUM
To: Sarah Oates, Planning Technician
From: Chuck Roth, Project Engineer ~'i?-
Date: June 23, 1999
Re: Maroon Creek Club Plat Amendment
yeneral- (1) These comments are based on the fact that we believe that the submitted site plan
is accurate, that it shows all site features, and that it is feasible. The wording must be carried
forward exactly as written unless prior consent is received from the Engineering Department.
This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there
are any encroachments into the public right-of-way, the encroachment must either be removed or
be subj ect to current encroachment license requirements.
1. The Engineering Department seldom comments on building envelope locations on private
property except as relates to natural drainage ways. Neither the original nor the proposed
building envelope impacts a natural drainage way.
2. The plat amendment needs to be prepared to meet the requirements of the City Code in
g26,gg,040.D.l.a and 2,a,
3, The title needs to be "Maroon Creek Club PUD, Amendment No. ".
4. Include a note explaining the nature of the amendment and that in all other aspects the
original plat remains in full force and effect.
99M87
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY'
PLANNER:
Mitch Haas, 920-5095
DATE: 2/8/99
PROJECT:
Maroon Creek Club Insubstantial Amendment to a Subdivision Plat (Building
Envelope Adjustment)
REPRESENTATIVE/OWNER:
Joshua Salove
Joshua & Company
300 S, Hunter
Aspen, CO 81611
(970) 925-8810
TYPE OF APPLICATION: Insubstantial Amendment to Subdivision Development Order (plat Amendment)
DESCRIPTION: The platted building envelope on Lot 38 appears to be too narrow, and located on
the steeper portions of the lot, far from the access to the lot. The applicant seeks to
amend the building envelope to make it more easily accessed, more buildable, and
located on the less steep portions of the lot. The allowable FAR would.remain the
same, and portions of the existing envelope would be removed to keep the potential
site coverage close what is currently possible, This land use request can be
processed as an Insubstantial Plat Amendment, but a new/revised plat would have to
be recorded within 180 days of the requested amendment being administratively
approved,
Applicable Land Use Code Section(s)
Section 26,88,060(A), Insubstantial Amendment to Subdivision Development Order;
Section 26,88,040(D)(2)(a), Final Plat requirements; and,
Chapter 26.52, Common Development Review Procedures,
Community Development Department and the Engineering Department.
No,
Engineering, Parks,
Planning Deposit ($460) --- additional planner hours beyond the 2,5 covered by the
deposit shall be billed at a rate <if $185/hour, and if fewer than 2,5 hours are billed, then
you will be given a refund on the remaining portion of the deposit,
Referral Agency Fees: Engineering Minor ($160)
Total Deposit: $620,00 payable to the'Aspen Community Development Department
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
To apply, submit the following information: (Also see Section 26,52,030, Application and Fees)
1, Proof of ownership
2, Signed fee agreement
3, Applicant's name, address and telephone number in a letter signed by the applicant stating the name, address
and telephone number of the representative authorized to act on behalf of the applicant,
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4, Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development
Application,
5, Total deposit for review of the application
6, 6 Copies of the complete application packet and maps,
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2
7, An 8 y," by 11" vicinity map locating the parcel within the City of Aspen,
8, Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado, (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.)
9, A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with each of the review standards relevant to the development
application, Please include and clearly indicate existing conditions as well as proposed.
10, List of the names and addresses of all adjacent property owners within 300', exclusive of public rights-of-
way, for public hearings,
. 11, Copies of prior approvals,
12, All other materials required pursuant to the submittal requirements packets (attached),
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920-5095,
* The foregoing summary is advisory only and is not binding on the City, The opinions contained herein are
based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that mayor may not be accurate, The summary does not, in any way, create a legal or vested
right.
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City of Aspen Commtinity Deyelopment Department
Standard Application Package
Staff Approval Applications
Attached is a Development Application package for submission of your application, Included in
this package are the follovving attachments:
1. Development Application Fee Policy and Fee Schedule
2, Application Form
3, Description of Minimurn Contents of Development Application
4. Description of Specific Contents for Submission of your Application (insert appropriate
attachment)
5, Copy of Review Standards for Your Application (insert appropriate attachment)
6, General Summary of Your Application Process (insert appropriate attachment)
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and mapped information identified in Attachments 3 and 4. Please note that all
applications require responses to the review standards for that particular development type, Tue
standards for your application are listed in Attachment 5,
We strongly e!J.courage all applicants to hold a pre-application conference with a Planner in
the Community Deyelopment Department so that the requirements for submitting a complete
application can be fully described to you.
Please also recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations, W'hile this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code, If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations,
PROJECT:
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LAND USE ApPLICATION
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Name: '3A,SLOve RSSIDEtJC€""
Location: "PFISr6.R CDuRT LoT. ~48' tY~&otJ ~Ef:/,C1.Bi
(IndIcate street aadress. lot & block number, legal descrIptIOn where appropriate) I
ApPLlCANT:
Name: NIIJA 0Aat ::J;S./tIJA
Address: .3 00 s. 40 IJT'CR..
Phone #: 9 d-.S-- <3. ~ I 0
'S'ASLOV=
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REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF ApPLlCA TION: (please check all that apply):
o Conditional Use 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
o Lot Split
o Lot Line Adjustment
o Temporary Use
o TextlMap Amendment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
~ Other: ~L,/) 6-. EtJV6
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EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,)
I ND t'kISl'ltJQ\ ~l~. ~ ~V6D {z:a... \(ESl'\)ENrlboL
I PRo;:;'~d',""::"V::;:" 00il::;(:~=:;'~ "')~ 1 "<><-E [?;.." Wj tml1 E
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
D' Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment#3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
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FEES DUE: $
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ATTACHMENT 1
City of Aspen Development Application Fee Policy
The City of Aspen. pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the
processing ofland use applications, A nat tee or deposit is collected for. land use applications based
on the type of application submitted, Ret'imal fees for other City departments reviewing the
application will also be collected when necessary, One check including the deposit for Planning
and referral agency fees must be submitted with each land use application, made payable to the -
Aspen/Pitkin Community. Development Department. Applications will not be accepted for
processing without the required application fee.
A nat fee is collected by Planning for Staff Approvals which normally take a minimal a,lld
predictable amount of staff time to process, The fee is not refundable.
A deposit is collected by Planning when more extensive staff review is required, as hours are likely
to vary substantially from one application to another. Actual staff time spent will be charged
against the deposit. After the deposit has been expended, the applicant will be billed monthly based
on actual staff hours, Current billings must be paid within 30 days or processing of the application
will be suspended, If an applicant has previously failed to pay application fees as required, no new
or additional applications ""ill be accepted for processing until the outstanding fees are paid. In no
case will Building Pennits be issued until all costs associated with case processing have been paid,
After the fmal action on the project, any remaining balance from the deposit ""ill be refunded to the
applicant.
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees, The Agreement establishes the applicant as being responsible for payment of all
costs associated ""ith processing the application. The Agreement must be signed by the party
responsible for payment and submitted \>lith the application in order for it to be accepied,
The complete fee schedule for land use applications is available at the Community Development
Department.
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ASPEN/PITKtii COlVIMVNJTY DEYELOPlVIENT DEP ARThIENT
Agreement for Payment of City of Aspen Development Application Fees
, (Please Print Clearly)
CITY OF ASPEN (hereinafter CIT'i) and N,I'\J A. C\;~ JOSHUA ~'-Dtle:-
(hereinafter APPLICA1'H) AGREE AS FOLLOWS:
I, APPLICANT has submitted to CITY an application for ':)As LOf/'t::
<ReSt DE Dee (hereinafter, Th"E PROJECT).
'7 APPLICANT understands and agrees that City of Aspen Ordinance No, 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3, APPLICAl'i'T and CITY agree that because of the size, nature or scope ofth.e proposed
project, it Is not possible at this time to ascertain the fuIl extent of the costs involved in processing
the application.APPLICAl'iT and CITY further agree that it is in the interest of the parties to allow
APPLICAt'iT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICAt'IT on a monthly basis. APPLICAt'IT agrees he will be benefited by retaining
greater cash liquidity and wiil make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it wiIl be benefited through the greater certainty of
recovering its fuIl costs to process A,PPLICANT'S application,
4, CITY and APPLICA.NT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision,
5. Therefore, APPLICA.l'\JT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a detennination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ which is for hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review, Such periodic payments shall be made within 30 days of the billing date,
APPLICANT further agrees that failure to pay such accrued costs sha:Il be grounds for suspension
of processing,
CITY OF ASPEN
APPLICANT
Stan Clauson
Community Development Director
City of Aspen
Signature:
Date:
Printed Name:
Mailing Address:
~€' .;?, ( 9.9.Cj
-;;OS f..hJ A SAS L:OLle:-
300 '5.. \-I.UfJ'T"e"~ Sf:'
~~el0 .. Co.. 5?/fo / (
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: '5AsLoI./E :t<E:SID€"IJCe
Applicant: N.\ uJ lA. Qillr~ -:::t' oS I-tu A SJ.\5L..OtltS"'
Location: 1/P-tS'""f"e:.R. Q)0R:,- l..Q-r Lfs ~AQDo:.l CkeK
Zone District:
Lot Size:
Lot A.rea:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable:
Principal bldg. height: Existing: Allowable:
Access, bldg. height: Existing: Allowable:
On-Site parking: Existing: Required:
% Site coverage: Existing: Required:
% Open Space: Existing: Required:
Front Setback: Existing: Required:
Rear Setback: Existing: Required:
Combined FIR: Existing: Required:
Side Setback: Existing: Required:
Side Setback: Existing: Required:
Combined Sides: Existing: Required:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Existing non-conformities or encroachments:
Variations requested: ~u tl...1Q I IJ6l- "'E ~\J..s' L. O~ e
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.A.TTACHMENT3
MINiMUM SUBMISSION CONTENTS
i. Applicant's name, address and'telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
2, The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel,
and demonstrating the owner's right to apply for the Development Application.
4, An 8 1/2" x 1 l" vicinity map locating the subject parcel within the City of Aspen,
5. A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of
Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
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A ITACHMENT 4
Specific Submission Contents
Insubstantial Amendment To Subdivision Development Order
By Planning Director
The request for Planning Director approval of an insubstantial amendment shall contain the
following items:
1. A written description oft.l:te existing conditions on the property which are requested to be
altered via the amendment or exemption.
2, Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed
amendment or exemtion.
3, A listing of all previous development approvals granted to the property, \Vith the approximate
dates of said approvals,
4, A copy of any recorded document which affects the proposed development, including but not
limited to recorded plats, agreements and deed restrictions, If changes are proposed to said
recorded documents, these should be "red-lined" onto a copy of the original document.
5, Written response to the review criteria, (attachment #5)
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ATTACHMENT 5
Review Standards: Development Application for Insubstantial
Amendment to an Approved Subdivision
A. Insubstantial amendment. An insubstantial amendment to an approved Plat may be
authorized by the Planning Director, An insubstantial amendment shall be limited to
technical or engineering considerations fIrst discovered during actual development which
could not reasonably be anticipated during the approval process, or any other minor change
to a plat which the Planning Director fInds has no effect on the conditions and
representations limiting the approved plat.
B, Other Amendment. Any other amendment shall be approved by the City Council, provided
that the proposed change is consistent with the approved Plat. If the proposed change is not
consistent with the approved Plat, the amendment shall be subject to revie'w' as a new
Development Application for Plat.
C, Plat vacation. Vacation of an approved plat or any other document recorded in conjunction
with a plat shall be considered a plat amendment, and shall only be approved by the city
council if good cause is demonstrated,
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Attachment 6
Staff Approval Development Review Procedure
1. Attend pre-application conference. During this one-on-one meeting, Staff,Nil! determine
the review process which applies to your development proposal and will identifY the materials
necessary to review your application,
.., Submit Development Application. Based on your pre-application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Comrillll1ity Development DepartInerrt.
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application:; and will notif; you in writing whether the application
is complete or if additional materials are required, Please be aware that the purpose of the
completeness review is to determine whether or not the infonnation you have submitted is adequate
to review the request and not whether the infonnation is sufficient to obtain approval.
4, Staff Review of Development Application, Once your application is detennined to be
complete, it will be reviewed by the stafffor compliance with the applicable standards of the Code.
During the staff review stage, the application will be referred to other agencies for comments, The
Planner assigned to your case or the agency may contact you if additional infonnation is needed or
if problems are identified, A memo will be written by the staff member for signature by the
Community Development Director. The memo will explain whether your application complies
with the Code and will list any conditions which should apply if the application is to be approved,
Final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, \.ill require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attorney is nonnally in charge of the fonn for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staffhas determined that your application is eligible for the requested
amendment or exemption,
5, Receipt of Building Permit. Once you have received a copy of the signed staff approval,
you may proceed to building permit review. During this time, your project will be examined for its
compliance with the Uniform Building Code, It will also be checked for compliance with
applicable provisions of the Land Use Regula'iio!1s which were not reviewed in detail during the
one step review (this might include a check offioor area ratios, setbacks, parking, open space and
the like), Fees for water, sewer, parks and employee housing ",ill be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will need to be
reviewed and recorded before a Building Permit is submitted,
Ostepsum,doc
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IN RESPONSE TO ATTACHMENT #3
I Joshua Saslove, applicant, representing Joshua & Nina Saslove, represent the following;
1) Joshua & Nina Saslove
300 South Hunter
Aspen, CO 81611
2) Pfister Drive Address TBD - Lot 48, Maroon Creek Club
3) Please find enclosed the title commitment, and contract to purchase with ODE,
LLC - Seller
4) Please find enclosed two (2) vicinity maps locating the parcel within the City of
Aspen,
5) Please find enclosed a site survey, including topography completed by
Schmueser, Gordon, & Meyer, Inc,
I would appreciate your consideration to this matter. The Seller understands that
reconfiguration of the building envelope is necessary and as per Paragraph 10 of
the Addendum to the contract to purchase Lot 48, Maroon Creek Club attached,
has allowed us an extension to complete and submit this application.
Sincerely yours,
Joshua Saslove
,.
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Joshua & Co.
.1--.. 300 South Hunter ,-.
Aspen, CO 31611
Phone: 970-925-8810, Fax: 970-925-4349
TInS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFCRE SIGNlNG,
VACANT LANDIFARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
[SELLER ORPRlVATE TIDRDPARTYJ
March 18
, ]999
1. PARTIES AND PROPERTY.
Joshua Saslove
Nina S. Saslove
buyer(s) [Buyer], (as joint tenan1>l tenants in common) agrees 10 buy, and the lDldersigned seUer(s) [SeUer]. agrees to sel~ on the terms and
conditions set forth in this contract, the following descn'bed real estate in the County of Pitkin . Colorado, to wit
Lot 48 Maroon Creek, City of Aspen
known as No. TBD
Asoen
CO
81611
Zip
all improvements
S1reet Address City
together with ail, interest of SeUer in -vacated streets and' alleys _ adjacent thereto, all easements and
thereon and aU attacbed fixtures thereon, except as herein excluded (collectively the Property).
2. INCLUSIONSIEXCLUSIONS. The purchase price includes the following items (a) if attached 10 the Property on the date of
this contract lighting.. beating. plumbing, ventilating, and ,air conditioning fixtures, TV antennas._water softeners, smokelflfClburgIar alanns,
security devices. inside tetepbonewiring and cormecting blocks/jacks. plants, mirrOrs, floor coverings, intercom S)IS1e%!ls. built-in kitchen
appliances, sprinkler systems and controls. built~in vacuum systems (mcluding accessories), and garage door openers including -=.Q:: remote controls;
(b) if on the Property whether attached or not on the date of this contract: storm windows.. stonn doors, window and porch shades-awnings. blinds,
screens. curtain rods, drapery rods. fireplace inserts. fireplace screens. fireplace grates, heating stoves. storage sheds, all keys and (c) "
None
State
other appurtenances thereto.
(d) Water Rights. Purchase price 10 include the foUowing water rights:
None..
(e) Growing Crops. With respect to the "growing crops Seller and Buyer agree as follows:
None
The above-described mcluded items (Inclusions) are to be conveyed to Buyer by SetIer by bill of sale. special warrantv
deed or other applicable legal instrument(s) at the. closing. free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The
following attached fixtures are excluded from this sale:
n/a .
3. PURCHASE PIilCE AND TERMS. The purchase price shall be $ ~_'. p~able in U.S. dollars by Buyer as
foUow~ (Complete the applicable tenns below.)
(a) Earnest Money. .
$ -. .~,-,- -. in the fonn of personal check , as earnest money deposit and part payment of the purchase price,
p~able 10 and he!dby Pitkin Count v Title "C1osincr Acrent" ,~fQlI"A
in its trust account on behalf of both Seller and Buyer, tMlM'm'iU\tl,~a.\;~~li"'''\tll..'l:Il~'\rl\Op~J<.~a.lt\tQ\l\l~\Cl''''ltill\~\;OI;\'if\~
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The balance of $ _ (purchase price less earnest monuy) shall be paid as follows:
(b) Cash at Closin~
$ - . plus closing costs, 10 be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which
include cash, electronic transfer funds, certified check, savings and loan tellers check, and cashiers check (Good Funds). Subject to the provisions
of Section 4. if the existing loan balance at the time' of closing shall be different from the loan balance .in Section 3, the adjustment shall be made
in Good Funds at closing or paid as follows:
n/a
(0) New Loan. [OMITTED - INAPPLICABLE]
(d) Assmnption. [OMITTED - INAPPLICABLE]
The printed portions of this form have been approved by the Colorado Real estate Commission. {CaS3~7 ..sS}
CBS3.7 -96, VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERlPRIVATE THIRD PARTY]
ReaIFA$T@Forms, Box 4700, Frisco, CO 80443, Version 5.52,@ReaIFA$T@, 1999; Reg# XCOCOL225544
Completed by. Joshua Saslove, Joshua & Co.
Buyer(s) _ _
03117/99 17:34:05
Page 1 oiS
Seller(s) _
?,
'^j
. (e)
$
Seller
note fonn as indicated: (Check one box only.)
o (\lCCC - No Default Rate) NTD 82-3-95
On/a'
secured by a Ost, 2nd. etc,) 2nd
I:i:l Strict Due-on-Sale (TD72-7-96)
On/a
The promissory note shall be amortized on the basis of ~ years, payable at $
including principal and interest at the rate of 7 % per amum. Payments shall commence
and shall be dne on the 1st day of each succeeding month
of principal and accrued interest shall be due and payable See Additional Provisions
after closUJg. Payments 0 shall I:i:l Shall not be increased by N / A of estimated anooal real estate taxes, and
o shall 129 shall not be increased by N / A of estimated ammal property insurance premium.
The loan shall. also contain the following tenns as indicated: If any payment is not received within I 0 calendar days after its due date
a late charge of 5 % of such payment sball be due~ Interest on lender disbursements under the deed of trust shall b;
N/A % per annum. Default interest rate shall be 15 % per ammm.
Buyer may prepay without a penally ",,~/>p'\ \
AT ANYTIME
, I""".
Bener or Private Third-Party F'mancing.
by Buyer executing a promissory note payable to:
"
.-,
on the
I:i:lNTD 81-11-83
deed of trnst encumbering the Property, using the form as indicated: (Check OIle box only)
o Creditworthy (TD73-7'96) 0 Assumable - Not due on sale (TD74-7-96)' ,
interest. onl v per month
30 davs from date of closinq
. If not sooner paid, the balance
4. FINANCING CONDmONS AND OBLIGATIONS.
(a) Loan AppIiation(s), [OMITTED - INAPPLICABLE]
(b) Loan Approval. [OMITTED - INAPPLICABLE]
(c) Existing Loan Re'Oiew. [OMITTED - INAPPLICABLE]
(d) Assumption Balance. [OMITTED - INAPPLICABLE]
(e) Credit Information. If Buyer is to pay all or part. of the purchase price by executing a promissory note in favor. of SeUer or if an existing
loan is not to be released at closing~ this contract is conditional upon Seller's approval of. Buyer's financial ability and creditworthiness, which approval
shall be at Seller's sole and absolute discretion. In such case: (1) Buyer shall supply to Seller on or before N / A . .
at Buyer's expense, information and documents concerning Buyers fmancial. employment and credit condition; (2) Buyer consents that Seller
may verify Buyer's financial abiill)' and creditworthiness; (3) any such infonnation and documents received by Seller shall be held by Seller in
confidence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does not provide 'Mitten notice of
Sellers disapproval to Buyer on or before N / A , then Seller waives this condition. If Seller does provide written
notice of disapproval to Buyer on or before said date., this contIact shall tenninate.
5. APPRAISAL PROVISION.
(Check only one box) This Section 5 0 shall I:i:l shall not apply.
1l\ '\!\is' ~~\>ll. \$\ ~pp'Ii~!\. "'" \ill.di0Ae'4\ilb\>,... ~ll." \Il<I'll\l\ll\ea. '\!.<ll"'\>ht'idll\Ap\l\bj~'1i~ \0. ~~ \ilJ~ \c!Qll.t~ '\j\ \iI~\pp\Ch~\p.q;~\",,~e,,\js-
th~'l'>:cIp~>Il'<~\COju,.'1i~\j~~'l>X""''''P~",,\/,p81o#1'l>y n a .
1'/1~\Ccll.t~ "'ll.a'I.I\~IIUi",,\e\hJ\ ~\B.~ ~Ap\iill.il. ~Wll\" \J\",~VA \v\;~",\ll.d\I\a. vK.~lp'q"'vll "\~~C/J.\ W,lli~~" ~1t~1l.0l1~~ '9~
teroll1'l!!\dI>\8Q~'l!Wlll\ vK.OilI:~ \llIPr3.I!;l'l'9\ ~\~ll.d\I\o. ~61~\l~w~i\;i\,~i'l1\s\ill~ 'f';,dp~~ ~liCp\I$'l~ ~ 'IIIt>\ppl;Ch\~\M.. \dI>\~~li:>\<!..
n/ a ~...",~\j~), 'l1\s.<l.IlI,,~~ )#~",,\~~~\"'Iift4,lllill!\~mOrllUM!\dI>\d\t\Ot'l>~WI1~
a'p~"'Oj~~ ~'Ya.rW>i..e\i\ll\l\ ltig&t~ ~Wl;\tlo&<.\"\t!li~ \~'"'
G. COST OF APPRAISAL. Cost of any appraisal to be oblained after the date of this contract shall be timely paid by
Purchaser
7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written coosent Except as so restricted, this
contract. shall inure to the benefit of and be binding upon the .~eirs. pers~l. representatives, successors and assigns of the parties.
8. EVIDENCE OF TITLE. SeIler shall furnish to Buyer, at S~er's expeose,\'\il,.lt a current commitment for own;"'s title insurance poiley in an
amount equal 10 the purchase price d{~\ ~l(~OjlQ'k:\\:lI1"'Wl\o~o.t\~~~ \J\a. ~ill>'t.e\ 00 or before March 21. 1999
(Title Deadline). 11;\ \"- \ 'I1'V~ \ \il\s,.\;l)jOA \ ~ilI~l\~l\,l\ \ \il\ \\6i~llM Buyer ilI~ require of SeIler that copies of instruments
(or abstracts of instruments) listed in the schedule of exceptions' (Exceptions) in the title insurance commitment also be furnished
to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the
designated COlUlty or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this
Section 8, constitute the title documents (Title Documents). Buyer; or Buyer's designee, must request SeIler, in writing, to furnish copies or abstracts
of instrnments listed in the schedule of exceptions no .later than' 7 calendar days after Title Deadline. If Seller furniShes a title
insurance commitment. Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing.
9. TI'fLE.
(a) Title Review, Buyer shall have the right ., inspect the TItle."Documents 11" \1l!Sll\rot Written notice by Buyer of unmerchantability. of
title or of any other uosatisfactory title condition Shown by the Title Documents or\ilb~ \hall be signed by or on behalf of Buyer and gIven
Io,Seller on or before --1.ca1endar clays after Title Deadline, or within five (5) calendar clays after receipt by Buyer of any Title Docmnen1(s)
The printed portions of this form have been approved by the Colorado Real Estate Commission. {CaS3-7 -96}
C8S3-7.sa. VACANT LAND/FARM AND RANCH CONTRACT TO 8UY AND SELL REAL ESTATE [SELLERlPRIVATE THIRD PART'I]
ReaIFAST@Ferms, Box 4700, Fosco, CO 80443, Version 5,52.@ReaIFAST@, 1999: Reg# XCOC0L225544
Completed by - Joshua Saslove, Joshua & Co.
Buyer(s) _ _
03117/9917:34:05
Page 2 of6
Seller(s) _
o
or end.rsemen1(~) adding new Exception(s) to ( ""de commitment together with a copy of th~. It "'\ocument ,adding new Exception(s) to title, If
Seller does not receIve Buyer's notice by the dare(s) specIfied above, Buyer accepts the condrtIon VJ, title as dIsclosed by the Title Documents as
satisfactory.
(b) Matters Not Shown by the Public Records. Seller shall deliver. to Buyer, on or before the Title Deadline set forth in Section 8
true copies of all lease(s) and survey(s) in Sellers possession pertaining to the Property and shaIl disclose to Buyer all easements. liens or other titl;
matters not shown by the public records of which Seller has actual knowledge. Buyer . shall have the right to inspect. the Property to detennine if any third
part)(s) has any right in the Property not. shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy).
Written notice of any unsatisfactory condition(s} disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given
to Seller on or before March 21" 1999 ~ If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to
SlIch rights, if any, of third parties of which Buyer has actual kno\\icdge.
(c) Special Taxing Ilistricts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBUGATION INDEBTEDNESS THAT IS PAID
BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TA.'{ABLE PROPERTY WI1HIN SUCH DISTRICTS, PROPERTY OWNERs IN SUCHDISTRICTI>
MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
CIRCUMSTANCES ARISE RESULTING IN THE INABILlTYOF SUCH A DISnuCT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE
IN MIIL LEVIES, BUYER SHOUlD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS
OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCII DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN
SUCH MILL LEVIES,
In the event the Property is located within a special taxing district and Buyer desires to, tenninate this contract. as a re&Jlt, if written
notice is given to Seller on or before the date set forth in subsection 9 (b), this contract shall then tenninate. If Seller does not receive Buyer's
notice by the date specified ~Pove, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to
so terminate.
(d) Right to Cure. If Seller receives notice of unmerchantability of title or any other tmsatisfactory title condition(s) as provided in
subsection (a) or (b) above. Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If
Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing. this contract shall then terminate; provided, however,
Buyer may, by written notice received by Seller, on or before closing. waive objection to said unsatisfactory title condition(s),
10. INSPECTION. Seller agrees to provide Buyer on or before March 25. 1999 , with a Seller's Property Disclosure
fonn completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s) of the
physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of
Buyer, is not teceived by Seller on or before Mav 30. 1999 (Objection Deadline), the physical condition of the Property and
Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if. Buyer and Seller have Qot
agreed, in writing. to a settlement thereof on .or before June 05 ~ 1999 . (Resolution Deadline), this contract shall
tenninate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving
objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of
such inspection.
11. DATE OF CLOSING. The date of closing shall be SEE ADDENDUM , or by mutual agreement at an earlier date. The hour
and place of closing shall be designated by Joshua & Co.
12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions
hereof. Seller shall execute and deliver a good and sufficient svecial warrantv
d~ to Buyer. on closing, conveying the Property free and clear of all taxes except the general taxes for the year of' closing, and except
n/a
Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed
or no~ except (i) distribntion utility easements (including cable TV), (ii) those matters reflected by the Iitie Documents accepted by Buyer in
accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not sho'Wl1 by the public records in accordance with
subsection 9(b), (iv) inclusion of the Property within any special taxing district, (v) subject to building and zoning regulations.
13. PAYMENT OF ENCUMBRANCES. Any encumbrance reqnircd to be paid shall be paid at or before closing from the proceeds of this
transaction or from any other source.
14. CLOSING COSTS, DOCUMENTS AND SERViCES. Buyer and Seller shall pay. in Good Funds, their respective closing costs end all
other items required to be paid at closing, except as othen.vise provided herein. Buyer and Seller shall sign and complete all customary or required
documents at or before closi~. Fees for real estate closing services shall not exceed S 500 . 00 and shall be paid at closing by
the pa rti e s e quaIl v . . .. The local transfer tax of 1 . 5 % of the purchase price shall be paid at
closing by Buver . . . Any sales and use tax that may accrue because of this
transaction shall be paid wh~n due by Buver
15. PRORATIONS. General taxes for the )ear of closing. based ~ the taxes for the calendar year immediately preceding closing. rents, water
and sewer charges. o'Wl1er's association dues, and interest on continuing loan(s), if any, and
None
shall be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows:
Delivery of deed and date of closing
The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS3-7 --96)
CBS3.7-9S, VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLER/PRlVAIE THIRD PARTY]
ReaIFA$T<Ill Forms, Box 4700, Frisco, CO 80443, Versicn 5.52,@ReaIFA$T@, 1999; Reg# XCOC0L225544
Completed by - Joshua Saslove, Joshua & Co.
Buyer{s) _ _
03I17/9918:19:17
Page 3 ofS
Seller(s) _
subjeet to the foilov.ing lease(s) or tenancj(s): r .\
None
r "
If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally
liable to Buyer for payment of $ 500 . 00 per day from the date of agreed possession until possession is delivered.
17. COllIDITION OF Al'iD DALVlfAGJE TO PROJP:ERTY, Except as otherwise provided in this contract, the Property and Inclusions shall be
delivered in the condition existing. as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire
or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to
repair the same before the date of closing. In the event such damage is not repaired within said, time or if the damages exceed such sum, this
contract may be terminated at the option of Buyer. Should Buyer elect to carry our 'this contract despite such damage, Buyer shall. be entitled to
credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however. the total purchase price.
Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of
possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of
similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement The risk of
loss for any damage to growing crops, by fire or other casualty, shall be bome by the party entitled to the growing crops. if any, as provided in Section
. 2 and such party shall be entitled to such insurance proceeds or benefits for the gro'Wing crops, if any.
18. TIME OF ESSENCE/RJEMEDIlES. Time is of the essence hereof, If any note or check received as earnest money hereunder or any other
payment due hereunder is not paid. honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided,
there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: (Check one box only,)
D (1) Specific Performance. Seller may elect to treat this contract as cancelled. in which case all payments and things of value received
hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to
treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both.
19j (2) Liquidated Damages All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller
and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED
DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perfonn the obligations
of this contract Seller expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in "Which case all payments and things of value received
hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in
full force and effect and Buyer shall have the right to specitic perfonnance or damages, or both.
(c) COSTS Al~D EXPENSES. Anything to the contrary herein notwithstanding. in the event of any arbitration or litigation arising out of this
contract, the arbitrator or court shall a\Wrd to the prevailing party all reasonable costs and expenses. including attorney fees.
19. EARNEST MONEY DISPUTE. Notwithstanding any tennination of this contract, Bnyer and Seller agree that, in the event of any
controversy regarding the earnest money and things of value held by ~t\>\~\Or\c1osing agent, unless mutual written instructions are received by the holder
of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding. or at brokers
or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent
jurisdiction and shall recover court costs and reasonable attorney fees.
20, AL~)I.~>>'I~~'S'Ot:;t;'I'I~'N't'Mli:m}.\~\Ut\~ \i}';p~ \in\~\}")'\i},i- \i, \r"1.\!"''\,~.\~\1\ ls\),dt\}.\d!~~\&e
~~ \all/\ \lMI<vI(,,\il!~~\il! \MI>, 'Ql,<;l1il1~ '(i;l"l1il1~\Sl \<'113)1\ WI \Mc1;~ "*' g~M '{a'\.t"ll \iIl \s.,.~i\ \iliA \1\;1\tW\ ~\ \iI~~~'Q\ 'fila. 'PiSp~il!l\t>. \Wj~
J'l/il!i1,\ '>!~w'l1it. \all\~ep\a'i>~\lIt~A.rl\I\ ~ 'I'iI1\ ~'tO.. "q""'\J~\j,, '1M, "~St.W\...\1>, \P\<!ll~M>, \J" \tl\a. ,,\~ '\ll4:\ \rl-lI\a. ~~ \)9, '\ll.ll\ \eW\M \VII\il,
t1l1\l\(\I.'<~~<l\e..ili1lr\1\ay\ 'liV\iI\ \l1"\1\a\e\ \Wj~\MI~ ~M~~\ WIi~tlQ\ \j\ \<;\t'l\ \Ilr\~\ll;/1;P.U\:lI1\ 'lc\ '\ll4:\ ~ll!~). \ilI~ \P\e\lI;llilln\ "''*\<\ ~ll!q.w,,\
.rg~~ \illAlI\ ~ol\e, \l'b~\s'~OIlQ\ ~~J\W\ 'il1>,e\; ~\ 1\ol\a. ij,\ll!i'; \:l.lI1lr..\t\ \t\l~ 'Q\l1"~~\llg\~.\
21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Rea! Estate Commission).
3. Purchase Price and Terms. (e.) Seller or Private third-Party Financing.: Payments
shall commence "18 months after closing or at commencement of construction other than
excavation."
9. Title. (d) Right to Cure. Add the following language "Seller shall not be required
to expend any monies to cure any title de::E;ect.11
15. Prorations. Add the following language" and all prorations shall be considered
final. "
".
26. Notice to Seller. Add the following language" with a, copy to Brooke A. Peterson,
Kaufman & Peterson, 315 E. Hyman, Aspen, CO 81611, (970) 925-1090 (fax)."
SEE ADDENDUM ATTACHED
22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Bnyer and Seller acknowladge that the Selling Company
The printed portions of this form have been approved by the Colorado Real Estate Commission. (C8S3-7-96)
C8S3-7 -96, VACANT LANDIFARM AND RANCH CONTRACT TO 8UY AND SELL REAL ESTATE [SELLERlPRlVATE THIRD PARTY]
ReaIFA$T@Forms, Box 4700. Frisco, CO 80443, Version 5.52,@ReaIFA$TiID, 1999; Reg# XCOC0L225544
Completed by - Joshua Saslove, Joshua & Co.
8uyer(s) _ _
03/17/9918:19:17
Page40fS
Seller{s) _
.'
,
r '\" /" ...,
22. KECOMMJENJIllATION OF VEGA... COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company
or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation
with legal and tax or other counsel before signing this contract.
23. ,][,EID~ATION. In the event this contract is terminated, all payments and things of value received hereunder shaII be returned
and the parties shall be relieved of all obligations hereunder, subject to Section 19.
24. SELLING COMJP> ANY BROKER RJELATIONSIDP. The selling broker,
Joshua & Co. ' and its salespersons
have been engaged as Buver Brokers
Selling Company has previously disclosed 'in 'Writing to the Buyer that different relationships are available which include buyer agency, seller agency,
subagency, or transaction-broker.
25. NOnCE TO 'BUYER. Any notice to Bu)"r shall be effective when received by Buyer, or, if this box is checked jgj when received by
Selling Company,
26. NOnCE TO SELLER. Any notice to Seller shall be effective when received by Seller \,\ 'L~\G:~riI~~.
27. MODIFICATION OF THl[S CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the
parties, or enforceable unless made in writing and signed by the parties.
28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior
agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract.
29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Bu)"r and Seller, as
evidenced by their signatures below, and the offering party receives. notice of such acceptance on. or before March 18, 1999
(Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this. document may be executed by
each party. separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete
contract between the parties.
BUYER
Joshua Saslove
300 South Hunter, Aspen, CO 81611
Home #: 970-925-1742 Bus.#: 970-925-8810 Fax #: 970-925-4349
SSN: 365-38-5964
DATE
BUYER
Nina S. Saslove
300 South Hunter, Aspen, CO 81611
Home #: 970-925-1742
DATE
ODE, LLC
144 Green Bay Road, Winnetka, IL 60093
Home #: 847-441-5959 Fax #: 847-441-5984
SELLER DATE
By: William T. O'Donnell, Jr.
The undersigned Broker(s) aclmowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confinns
its Broker Relationship as set forth in Section 24.
Selling Company:
The printed portions of this form have been approved by the Colorado Real Estate Commission. (CSS3-7 -96)
CBS3.7.s6, VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SEI.I. REAl. ESTATE [SEI.I.ERlPRlVATE THIRD PARTY]
ReaIFA$T@Forms,Box47oo, Frisco, CO 80443, VelSion 5.52,@R.aIFA$T@, 1999; Reg# XCOC01.225544
Completed by - Joshua Saslove, Joshua & Co.
03117/9917:34:05
Page5of6
""
.j
~Joshua & Co.
300 South Hunter
Aspen, CO 81611
Phone: 970-925-8810,
Fax: 970-925-4349
By:
Signature
Joshua Saslove
Listing Company J ash ua & Co.
By
Signature
300 South Hunter
81611
Aspen. CO
Address
City
Phone 970-925-8810
F~ 970 925 4349
Note: Closing Instructions should be signed at the time this contract is signed.
The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS3-7 -96)
C8S3.7-96, VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERlPRIVATE THIRD PARTY]
ReaIFA$T@Forms, Box 4700, Frisco, CO 80443, Version 5.52.@ReaIFA$T@, 1999; Reg# XCOCOL225544
Completed by ~ Joshua Saslow. Joshua & Co.
Buyer(s) _ _
03/17/9917:34:05
,
.J
Date
State
Date
Zip
Page 6 of8
Seller(s) _____
MRR 18 '99 09=47?=lM JOSHUA & CO. P.7
..-..-
" "., .' , . I
22. ~roPfiI~1lTIDA1TIOO)cr rr;;ys UGAlt. 't@i!i'l1!SlR. ~ :>isNroll l~.. <lco~ s.y.. ..a llgll... ~",lG@~ 1l:<l? 10. ;;;;il~ ComF''''' '
... '"" Li..~ e"",il""l' ~'" all,._ Ilbt lbio ~_ illIll ...,.-r l<;;:l! ~""'.. om 1?0o ",,,,,,,,,,,,,,,0\0:1 ~ """~"" ,o! ~i!R .... .....iml,.;,
..;1l1lQ;>l """ ~ or oI!lor """""" i:cl'ere ..... tI&i.o """_~' "
. :IS. n~A'lI'!@l'i.lR the .- tbJl ...~ i. ""'.IiM1<ill. all F'Y"l"lll3 ~ ~. ~r '8l." iIi";"'" am...,..... s,>l! 1>0 ,~
u<ll~ ~. oIlaU lle ",~Oll ..rail el>"~' ~r...l;je&t III !to...... 19,
;14. SlU.L]NGCI':l~Am{Jl1ll.0DRUL&'BlI~. The "'~.'e"",,,
Jgshu.al , ~\Q" . . g,~ lt$za1~~
I\gve b=- QU~ a.a Zbuvm.z B%eksZ"g,. ' ' ,'" '.
&oIliai CellI!"",!, boa p:ri0Ullly .,....... ~ ill !lie E~ WtllW_ _-hi!", "'" .~.. '!!$icli iBl1llb~. "f/?fi!ffY,m~ ~.
~l',"'''''''~_' .
2So Ffcrncll!: m lSWil\:~ """y OC'Clo3 lIB iSlil"" "",n ~ o&oti.. ",1m ",oaj",! ~Jf lOll}"", ..., if tbi:lloc:t;" ello:o~ \'1'il "'~.. .....,,..,; ;y
Selling CoIil_. "
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2', NOTICE Og ACaPTANO: '" CO~A:a'1'5. n.i. ~J'OIiIl sholl .",in lBl.... ...~ ill "'.... by E.l"I' 3<Ill, Sdor,..
..,id... b)" lIleit~"" bc:Ilnr,lIIId 'IIIe ommS""'" ~ lIOlioe or...:~ ~a ... or ~ MarCh 13. nJ9;! .
tA=qmu= DoodIia), It._pIIld. ".. d, ....,.,.sIiaII........ a _= b_n !elBorlOll!liUyfr.^ ""I'Y ot - __ "Or" __ il;y
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Joshua s:41iJ.ove " I I
300 S~~th Kunter, ^>>pea~ eo alell
HcnG!)J; 9,0-925-1742 !!u...i: !il70-!l2S-~1310 :r..,. #: g.,o-gas-uu
SSNv36S-33-5Dti4
BYYU
Nina S. Saslcft
300Sol.lta ~l.lDt@%. Aspen, CO 81611
:!I_ #1 970-325-1742 .
DATE
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ADDENDUM
TIllS ADDENDUM entered into between Nina S. Saslove & Joshua Saslove, as "Buyers"
and ODE, LLC, as "Seller," in connection with the purchase of Lot 48 Maroon Creek Club, the
"Property," by virtue of a contract to purchase entered into simultaneously, the "Contract."
1. Addendum Controls. This Addendum is entered into contempoll'aneolls with
and as part of the Contract and the parties agree that its provisions shall supersede and take
precedence over any part, or parts, of the printed portion of the Contract which are in conflict.
2. Interest on Deposit. Any and all monies paid by Buyer prior to closing shall be held
in the escrow account of Pitkin County Title, with all interest accruing to Buyer unless the deposit
is forfeited by virtue of the terms of the Contract. The Buyer's Social Security number is 365-38-
5964, Interest earned on the deposit shall inure to the benefit of the Buyer if the transaction
contemplated by the Contract closes. If the Buyer, for any reason described in the Contract validly
terminates the Contract, which termination results in the Buyer being entitled to the return of the
deposit then interest accrued thereon shall also be returns to the Buyer. Iffor any reason the Buyer
forfeits the deposit, interest shall then inure to the benefit of the Seller,
3. Survey. The Buyer, retain as soon as reasonably possible, a current survey of the
Property, showing all easements apparent or as mentioned in the title commitment, improvements,
including primary buildings, out structures and fences, boundaries, all water ways or ditches, all
dedicated roadways, whether public or private, and all setbacks, both as applicable by law and as
shown on any subdivision plat or similar document of record. At a minimum, the survey shall be and
meet the criteria of Colorado Revised Statute ~38-51-102(9), as amended, for an Improvement
Survey Plat. The survey shall reflect the square footage or acreage of the Property, and shall be
certified by the surveyor, in conformity with all applicable Colorado statutes, to Seller, the Buyer and
the title insurance company issuing the Commitment called for in Paragraph 8 of the printed portion
of a contract. The cost of the survey shall be divided equally between Buyer and Seller regardless
of whether or not the contract is terminated prior to closing,
4. Property Access. The Buyer or Buyer's designated representatives shall be entitled
to access to the Property and its Inclusions from time to time prior to the Closing Date, upon
reasonable notice to the SelleL Buyer agrees to indemnifY Seller from any claim or cause of action
which may result from the Buyer's exercising Buyer's right to enter upon the Property, which
indemnity shall include, although not be limitef! to, any claim for attorneys' fees necessary to defend
any action brought against Seller or necessary in order to enforce the provisions of this indemnity,
5. Title Insurance Policy. The title insurance policy called for in Paragraph 8 of the
printed portion of the Contract, shall, at the Seller's expense, not contain Pre-Printed Exceptions I,
2,3,4, 5 and 6, except for taxes due in the year of closing, The Seller shall execute a mechanic's lien
affidavit in favor of the Buyer and the title insurance company and its agent issuing the policy, The
foregoing shall be in a form reasonably acceptable to the BuyeL
The commitment called for in Paragraph 8 of the printed portion of the Contact, shall be
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delivered to the Buyer, together with legible copies of all documents of record noted in the
commitment as exceptions.
6. FIRPTA. Under the Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1445,
every Buyer ofU.S, real property must, unless an exemption applies, deduct and withhold from
Seller's proceeds ten percent (10%) of that gross sales price, The primary exemption is that no
withholding is required if Seller provides Buyer with an affidavit, under penalty of peIjury, that Seller
is not a foreign person. Seller and Buyer agree to execute and deliver as directed, any instrument,
affidavit and statement, or to perform any act reasonably necessary to carry out the provisions of
FIRPTA regulations promulgated thereunder,
7. Non-Resident Withholding Requirements, The Seller has been advised that under
Colorado law the title insurance company or other entity responsible for handling the closing of the
sale of Colorado real property may be required to withhold Colorado State Income Tax equal to the
lesser of two percent (2%) of the sales price or the net proceeds derived from the sale of Colorado
real property, This law is applicable to Colorado non-resident sellers.
8, Miscellaneous.
a. Binding Effect. This Contract shall be binding upon the parties hereto, their
successor and assigns.
b, Saturday. Sundav or Holiday. If any time period referred to in this Contract
shall end on a Saturday, Sunday or legal holiday, such time period shall automatically be extended
to the first regular business day thereafter.
c, Controlling Law. This Contract shall be construed in accordance with and
governed by the laws of the State of Colorado,
d, Counterparts. This Contract may be executed in several counterparts and,
after execution and as executed, shall constitute an agreement binding on all of the parties,
notwithstanding that all of the parties are not signatory to the original or the same counterpart.
e, Entire Agreement. This Contract contains the entire agreement between the
parties, and supersedes all prior understandings, agreements, negotiations and representations, written
and oral, not contained herein. It may not be agJended or modified, except by an agreement in writing
signed by both parties hereto, ..
f, Further Assurances. Each of the parties agree to execute, acknowledge,
deliver, file and record, or cause to be executed, acknowledged, delivered, filed and recorded, such
further instruments and documents, and such certificates and to do all things and acts as the other
party may reasonably require in order to carry out the intentions of this Contract and the transaction
contemplated hereby,
g, Survival, All of the warranties and representations contained in this Contract
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shall survive the actual closing of the transaction contemplated thereby.
h, Construction, No provision of this Contract shall be construed against, or
interpreted to, the disadvantage of any party by reason of such party having, or being deemed to have
requested, drafted, required, or structured, such provision, It is the intention of the parties that the
party who employed the scrivener to prepare this Contract not be prejudiced by virtue of such act,
nor shall this Contract be construed against such party by virtue of its actions in retaining the
scrivener,
i. Assignment" Anything' to the contrary contained 'Within the Contract
notwithstanding the Buyer may assign the rights pursuant to this Contract prior to closing to an entity
of which the Buyer is the sole Owner, or to a trust for the Buyer's benefit wherein the Buyer is the
primary beneficiary. The Promissory Note and Deed of Trust executed for Seller's benefit shall
further provide that in the event of any sale of the Property to a third party purchaser prior to, or
simultaneously with any payment upon the promissory note to the Seller, that the Seller shall receive
in addition to all amounts owed to pursuant to the promissory note an amount equal to Fifty Percent.
(50%) of the net proceeds received by the Seller after commission form the sale, up to a maximum
amount of One Hundred Thousand Dollars ($100,000,00), This obligation shall survive the closing
hereunder,
j. Funds at Closing, On the Closing Date, the cash to close and any other funds
required shall be delivered by the Buyer, either in cash or by an electronic transfer of funds and no
other form of delivery of such monies shall be acceptable unless they represent immediately available
funds,
k. Facsimile. This Contract can be accepted and/or executed by either party by
facsimile transmission which shall, be binding upon the party so executing or accepting so long as an
actual signature copy is transmitted t the other party as soon as practical thereafter, In addition any
notice required hereunder may be given by facsimile, provided that the transmitting party is able to
demonstrate that the transmission was completed within any time frame required hereunder.
9, Real Estate Commission. Purchaser and Seller hereby agree that there will
be no commission paid to Joshua & Co, for this transaction and the ' sales price is a net
price to Seller, Further, Joshua Saslove is a.licensed real estate broker in the state of Colorado,
10, Reconfiguration ofB~i1diillg Envelope. Seller gives the Buyer, at Buyer's
sole expense, the right to pursue the relocatio;{'an.d reconfiguration of the building envelope on the
subject property. In the event, Buyer is unable to obtain approvals to move the existing building
envelope to a satisfactory site, all surveys, studies and topography shall be given to Seller at a cost
of one-half paid by the Buyer, Furthermore the Buyer shall not obligate the Seller or move the
building envelope without the Seller's written consent and approval, The Seller shall cooperate with
the Buyer in obtaining the requisite approvals~' The Seller shall not be required to execute any plat or
other document in connection with the moving'ofthe building envelope until the closing of the
transaction contemplated herein. In the event that the Buyer is unable to obtain satisfactory
approvals the Buyer may upon written notice to the Seller terminate this contract whereupon all
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FNT
CO~NT FOR TITLE l."NSlJRANCE
SCHEDULE A
1. Effective Date: 03/01/99
at .08 :30 A.M.
Case No. PCT14004
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount $
premium$
Rate:RE-ISSUE
Proposed Insured:
JOSHUA SASLOVE and NINA SASLOVE
(b)ALTA Loan Policy-Form 1992
Amount $
premium$
Rate:
Proposed Insured:
Tax Certificate: $10,00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ODE LLC, A1~ ILLINOIS LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County
of PITKIN State of COLORADO and is described as follows:
LOT 48, ~~OON CREEK CLUB, as shown on the Final Subdivision Plat &
PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book
33 at Page 4.
PITKIN COUNTY TITLE, INC.
601 E, HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
'....
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1, Deed from
To
ODE LLC, AN ILLINOIS LIMITED LIABILITY COMPANY
JOSHUA SASLOVE and NINA SASLOVE
2, Duly acknowledged certificate of the authorized Managing Agent or
Board of Directors of MAROON CREEK CLpB HOMEOWNER'S ASSOCIATION
certifying that there are no assessments for common expenses which
remain unpaid or otherwise constitute a lien on the subject property,
3, Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No, 13 (Series of 1990) has been paid or exempted,
4. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
5. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H,B. 1288 has been complied
with, (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
6, Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1, Rights or claims of parties in possession not shown by the public records,
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records,
4. Any lien, or right to a lien, for services I labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records,
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patents recorded
August 26, 1911 in Book 55 at Pages 189 and 191.
8. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded November 15, 1993 in Plat Book 33 at Page
4 and Amended Sheet 2 recorded March 31, 1994 in plat Book 34 at
Page 23 and Assignment of Plat to Maroon Creek Limited Liability
Company recorded February 17, 1994 in Book 742 at Page 117 and 121.
9. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in Master
Declaration of Protective,Covenants for Maroon Creek Club recorded
December 2, 1993 in Book 733 at Page 598 and First Amendment thereto
recorded February 17, 1994 in Book 742 at Page 83, Assignment and
Designation of Successor Declarant for Maroon Creek Club recorded May
11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded
June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third
Amendment thereto recorded July ~6, 1994 in Book 756.at Page 597,
deleting therefrom any restrictione indicating preference,.
limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin,
10, Terms, conditions, provisions, obligations and all matters as set
forth in Subdivision Improvements Agreement recorded November 12,
1993 in Book 730 at Page 606.
11. Terms, conditions, provisions, obligations and all matters as set
forth in Final plat Resolution of the Board of County Commissioners
recorded August 13, 1993 in Book 721 at Page 245 as Resolution No.
93-104.
( Continued)
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12. Avigation Easement granted to Pitkin County recorded November 12, 1993
in Book 730 at Page 690.
13. Terms, conditions, provisions and obligations of Water Service
Agreement between The City of Aspen and Pearce Equities Group II,
Limited Liability Company, a Utah Limited Liability Company, recorded
November 15, 1993 in Book 730 at Page 797, Assignment and AssumPtion
of Water Lease Agreement recorded November 15, 1993 in Book 730-at
Page 865, Assignment. and Assumption Agreement recorded January 7,
1994 in Book 737 at Page 899 and Amended Assignment and Assumption
Agreement recorded April 11, 1994 in Book 747 at Page 191.
14. Terms, conditions, provisions and obligations as set forth in Trench,
Conduit and Vault Agreement with Holy Cross Electric Association,
Inc., recorded July 11, 1994 in Book 755 at Page 55.
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FNT
ADDITIONAL INFORMATION
Ai.'ID DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set. forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1,
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen'S Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap coverage",
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the~oundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor,'_
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment,
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section' 2
Commitment No, PCT14004
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In:' .OUil'l
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Name and MailinQ Address Include in Mailing: Yes
Leaal Description
Subdivision: MAROON CREEK CLUB
Arthur and Elizabeth Pfister
PO Box Ee
Aspen, CO 81611
Block:
IThru:
Remarks:
Lot: 0
-Lot: l.:...J
FREE MARKET
Assessor's Office Value
I
Land: $1,SOO,OOO,OO
Bldg(s):
Total: $1,500,Oao,oo
Taxes: $13,399,74
Note: Assessed Value is typically 10-30%
beiow Market Value, however
there are exceptional variances
with regard to VACANT LAND.
Complex:
Unil#:
Remarks:
Land Size:
Property Use Code:
Parcel (Mapping) #:
Physical Address:
27311 S
2735 11 309 047
ASPEN
Note: Physical
Address is incorrect
37% of the time, due to
incomplete county
information.
Sales Historv
Various SQ Ft
Misc Amenities
Structural
** Note: A significant Dumber of properties (in the county records) do not have accurate bedroom and bathroom information.
*** The information in this report is directly from county reCords and there is no guarantee as to the accuracy of the infonnation.
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130 S. Galena St., Aspen, CO 81611 970-920-5090
Aspen/Pitkin
Community
Development
Department
Fax
To: oshua Saslove From: Sarah Oates
Fax: 25-4349 Pages: ~
Phone: Date: June 29, 1999
Re: Lot 48, Maroon Creek Club CC:
D Urgent
D For Review
D Please Comment D Please Reply
D Please Recycle
. Comments:
Attached are the comments from engineering, along with the section of the code they cited w~h the plat
requirements. Please title the plat so that it reflects an amendment to the original. Once the mylars are
submitted I will write up a memo for the director to sign along with the plat. Please call me at 920-5441
w~h any questions.
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MEMORANDUM
Sarai.Oates, Planning Technician
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; Proj6-ctErigineer
Date: June 23,1999
Re: Maro'~n Creek pub Plat Amendment
General"- (0 these Co'mments are based o'n the fact that we believe that the submitted site plan is
accurate, that it shOws all site features, and that it is feasible. The wo'rding must be carried fo'rward
exactly as written unless prio'r Co'nsent is received fro'm the Engineering Department. This is to' halt
co'mplaints related to appro'vals tied to' "issuance o'f building permit." (2) If there are any
encro'achments into' the publkright-o'f-way, the encroachment must either be remo'ved o'r be subject
to' current encroachment license requirements,
1, The Engineering Department seldo'm Co'mments o'n building envelo'pe lo'catio'ns o'n private
property except as relates to' natural drainage ways, Neither the o'riginal no'r the proPo'sed building
envelo'pe impact.:; a natural drainage way,
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. 'dnient ne.eds to.b;ep.rep8:!:ed to' meet the requirements o'f the City Cade in
. ,aand2,a, .'
3, The title.needs to' be "Maro'an Creek Club PUD, Amendment No', ",
4,InClude ,11 nate explaining the nature af the amendment and that in all ather aspects the ariginal
plat remains in full farce and effect.
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MEMORANDUM
. To: Sarah Oates, Planning Technician
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: . June 23,1999
Re: Maroon Creek Club Plat Amendment
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exactly as written unless prior consent is received from the Engineering Department. This is to halt
complain!s related to approvals tied to "issuance of building permit." (2) If there are any
encroachments into the public right-of-way, the encroachment must either be removed or be subject
to current encroachment license requirements,
1" ,The Engineering Department seldom comments on building envelope locations on private
property except as reJates to natural drainage ways, Neither the original nor the proposed building
envelope impacts a natural drainage way,
. 2, The plat amendment needs to be prepared to meet the requirements of the City Code in
S26,88,040,D.1,a and 2,a,
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26,88,040
(2) Cash-in-Lieu Payment. Payment of cash in-lieu of a land dedication shall be made to the city prior ,r' .
to and on a proportional basis to the issuance of any building permits for the residential dwelling units. t .
e, Use of Land and Use of Foods,
(1) Land. All lands dedicated to the city pursuant to this section shall be held by the city for the Aspen
School District, ootil such ,time as they shall be requested by the School District for school purposes, The
Aspen School District shall be responsible for maintenance of said lands in a reasonable manner while they
are being held by the city,
(2) Foods. All funds collected pursuant to this division shall be transferred by the building inspector
to the finance director, All funds so collected shall be proper! y identified and promptly deposited in a designated
account. Funds withdrawn from this fund shall be used exclusively for the purposes specified herein.
(a) City Shall Transfer Funds to School District. Foods collected pursuant to this division shall be remitted
at least monthly to the Aspen School District. The Aspen School District shall deposit said funds into an interest-
bearing account authorized by law. The Aspen School District shall be the owners of the funds in the account,
but the signature of the chief financial officer of the Aspen School District, or his or her designee, and the
signature of the finance director of the City of Aspen, or his or her designee, shall be required for the withdrawal
of monies from the account.
(b) Administrative Fee. The city shall be entitled to retain two (2) percent of the funds collected to
compensate it for its administrative expenses of collecting the fees. Said fees shall be deposited in the city's
General Revenue fund to be expended as the city shall determine in its sole discretion.
( c) Use of Land or Funds for Housing, If the School District decides that land or funds dedicated pursuant
to this section should be used for housing, then the School District shall place a deed restriction on those housing
units, restricting their occupancy solely to School District employees and theitimmediate families, In the event
the inventory of housing exceeds the district's needs, the School Board may allow occupancy of the units
through the Housing Authority.
f, Periodic Review. In order to ensure that the land dedication standards which are assessed are fair
and represent the current level of seIVice provided by the Aspen School District, the dedication schedule shall
be reviewed by the city; together with the School District, and amended as necessary within three (3) years
of its effective date and every three (3) years thereafter,
~ D. Procedure, Prior to approval of a development order for subdivision, an applicant shall have a
development application for plat reviewed and recommended for approval, approval with conditions, or disapproval
. by the commission, and then reviewed and approved, approved with conditions, or disapproved by the city
council pursuant to the procedures of this section and the Common Procedures, Chapter 26,52.
1. Review by commission.
a, Contents of application. The contents of a development application for plat for review by the commission
shall include the following.
(1) The general application information required in Common Procedures, Section 26.52,030,
(2) One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed
subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarlcs, and
. the zone district in which the proposed subdivision and adjacent properties are located,
(3) A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision, The
plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger, Architectural scales are not
acceptable, Sheet size shall be twenty-four (24) inches by thirty-six (36) inches, If it is necessary to place
the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also
appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in
the area of the proposed subdivision, The contents of the plat shall be of sufficient detail to determine whether
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the proposed subdivision will meet the design standards of this chapter and this title, and shall contain the
following itemized information,
(a) The name of the proposed subdivision, which shall not be the same or similar to any name used
on a recorded plat in Pitkin County, Colorado,
(b) The name, address, and telephone namber of the owner/applicant. designer of the proposed subdivision,
and the licensed surveyor.
(c) The location and boundaries of the proposed subdivision. .
(d) A map showing the existing and proposed contours of the land in the proposed subdivision at two-foot
intervals, where the slope is less than ten( 10) percent. and five-foot intervals where the slope is ten (10) percent
or greater, and the designation of all areas with slope greater than thirty (30) percent.
( e) The location and dimensions of all existing streets, alleys, easements, drainage areas, inigation ditches,
public and private utilities, and other significant manmade or natural features within or adjacent to the proposed
subdivision.
(f) The location and dimensions of all proposed streets, alleys, easements, drainage improvements,
utilities, lot lines, and areas or structures reserved or dedicated for public or common use in the proposed
subdivision,
(g) The location, size, and type of existing vegetation and other natural landscape features, and the
proposed limits of any excavation or regrading in the proposed subdivision, including the location of trees
with a trunk diameter of six (6) inches or more measu~ four and one-half (4 112) feet above the ground,
and an indication of which trees are proposed to be removed, Where large groves are to remain undisturbed,
single trees need not be located,
(h) The designation of all areas that constitute natural h3.'l:ard areas including but not limited to snowslides,
avalanche, mUdslide, rockslide and the one-hundred~year floodplain,
(i) Such additional information on geological or soil stability, avalanche potential, projected traffic
generation, air pollution and similar matters as may lie required by the planning agency or other reviewing
agency,
(j) Such other information as may be required by the planning agency or other reviewing agency in
order to adequately describe proposed utility systems, drainage plans, swface improvements, or other construction
projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable
of being constructed without an adverse effect upon the surrounding area
(k) Site data tabulation listing acreage of land in the proposed subdivision, number, type and typical
size of lots, structures and/or dwelling units; namber of bedrooms per dwelling unit; ground coverage of proposed
structures and improvements including paridng areas, streets, sidewalks and open space, and the amount of
open space that is being provided pursuant to Section 26.88,040(C)(5)(a),
(I) In the case of a division of land into condominiam interests, apartments or other multi-family or
time-share dwelling units, the location of all proposed structures, parking areas, structures and/or areas for
common use,
(m) Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch
plan for such other lands shall be submitted, and the proposed streets, utilities, easements, and other improvements
of the tract under review shall be considered with reference to the proposed development of the adjacent holdings,
(n) Letters from the public or private utility companies that will service the proposed subdivision with
gas, electricity, telephones, sanitary sewer, water, and fire protection facilities stating they can service the
proposed subdivision,
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26,88,040
(4) GIS Data All subdivision applications shall submit the requirements specified in section 26,88,04O(C)
and section 26,88,040(0) in a digital format acceptable to the Community Development Department, Base
information shall be obtained from the Community Development Department.
~. Review by city council.
a, Additional application contents prior to review by city council, Subsequent to review by the commission
and prior to review of the development application for plat by the city council, the applicant shall submit
the following additional application contents. .
(1) A final plat drawn with permanent ink on reproducible linen or mylar, Sheet size shall be twenty-four
(24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1112) inches on the
left hand side of the sheet and a one-half (112) inch margin around the other three (3) sides of the sheet, It
shall include:
(a) Accurate dimensions for all lines, angles and curves used.to describe boundaries, streets, setbacks,
alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important
features, All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and
chord distances, All dimensions, both linear and angular, are to be determined by an accurate control survey
in the field which must balance and close within a limit of one (1) in ten thousand (10,000),'
(b) A systematic identification of all lots and blocks and names for all streets.
(c) Names of all adjoining subdivisions with dotted lines of abutting lots, If adjoining land is unplatted,
it shall be shown as such.
(d) An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication
thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for
future public acquisition shall also be shown.
(e) A written survey description of the area including the total acreage to the nearest one-thousandth
(0,001) of an acre.
(f) A description of all survey monuments, both found and set, which mm the boundaries of the subdivi-
sion, and description of all monuments used in conducting the survey. The Colorado Coordinate System may
be used.
(2) A statement by the land surveyor explaining how bearings, if used, were determined.
(3) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement
that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time,
(4) A certificate by a corporate title insurer, that the person or persons dedicating to the public the public
rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all
liens and encumbrances.
(5) Certificates showing approval of the fina1 plat by the city engineer, plarming director and the commission
(6) A certificate showing approval of the plat and acceptance of dedications and easements by the city
council, with signature by the mayor and attestation by the city clerk.
(7) A certificate of filing for the Pitkin County clerk and recorder,
(8) Complete engineering plans and specifications for all improvements to be installed in the proposed
subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails,
bridges and storm drainage improvements,
(9) A landscape plan showing location, size, and type of proposed landscape features.
(10) Copies of any monument records required of the land surveyor in accordance with Colorado Revised
Statutes 1973, Title 38, Article 53, as amended from time to time.
(-"Pen 5,96)
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26,88.040
(11) Any agreements with utility or ditch companies, when applicable,
(12) Any subdivision agreements as required by Section 26.88,04O(C)(3).
b, Submission of development application to city council. The development applicatipn shall be submitted
to the city council for final review, The development application for plat shall be approved or approved with
conditions by the city council if it conforms to the standards of Section 26.88,040(C), or it shall be denied,
(Ord. No, 47-1988, ~ 9; Ord, No, 69-1994, ~ 1; Ord, No, 22"1995, ~ 18; Ord, No, 32-1995, ~ 1; Ord, No,
54-1995, ~ 1: Code 1~71, ~ 7-1004)
26.88.050 Subdivision agreement.
A. General. Prior to approval of Plat for a subdivision, the applicant and city council shall enter into
a subdivision agreement binding the subdivision to any conditions placed on the development order,
B, Common paIkand recreation areas, The subdivision agreement shall outline any agreement on the
part of the applicant, to deed public lands, open space, public facilities, and other improvements to the city
or other entity,
C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan,
the city council may require the applicant to provide a guarantee for no less than one hundred twenty-five
(125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan,
as estimated by the city engineer, to ensure the installation of all landscaping shown and the continued maintenance
and replacement of the landscaping for a period of two (2) years after installation, The guarantee shall be
in the form of a cash escrow with the city, or a bank or savings and loan association, or an irrevocable sight
draft or letter of commitment from a financially responsible lender and shall give the city the unconditional
right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills,
or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for
any improvement or pay any outstanding bills for worlc done thereon by any party,
As portions of the landscaping improvements are completed, the city engineer shall inspect them, and
upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the
improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed
and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have
been maintained in a satisfactory condition for two (2) years,
D, Public facilities guarantee. In order to ensure installation of necessary public facilities plarmed to
accommodate the subdivision, the city council shall require the applicant to provide a guarantee for no less
than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by
the city engineer, The guarantee shall be in the form specified in Section 26,88,050(c) and may be drawn
upon by the city as specified therein. As portions of the public facilities improvements are completed, the
city engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed
estimated cost for that portion of the improvements, except ten (10) percent which shall be withheld until
all proposed improvements are completed and approved,
E, Recordation, The subdivision agreement and plat shall be recorded in the office of the Pitkin County
clerlc and recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty
(180) days following approval by the city council shall render the plat invalid and reconsideration and approval
of the plat by the commission and city council will be required before its acceptance and recording, unless
an extension or waiver is granted by city council for a showing of good'cause, The subdivision plat shall also
be submitted in a digital format acceptable to the Community Development Department, for incorporation
into the City/County GIS system, The one hundred eighty {I 80) day recordation requirement contained herein
shall not apply to the recording of condominium maps, or declarations or any other documents required.to
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130 S. Galena St., Aspen, CO 81611 970-920-5090
Aspen/Pitkin
Community
Development
Department
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Re: CC:
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