Loading...
HomeMy WebLinkAboutlanduse case.AP.691 Pfister Dr.A053-99PN: 2735-113-09049 Case A053-99 Lot Maroon Creek Club Insubstantial Amen me G U 7 COMMUNITY DEVELOPMENT DEPART 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing 1071 1072 1073 1074 1075 1076 1077 1078 1006 1302 1481 1383 1383 1468 1268 1164 Building Fees: Board of Appeals Building Permit Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit Reinspection Other Fees: Copy GIS Maps Housing Cash in Lieu Open Space Cash in Lieu Park Dedication Parking Cash in Lieu Performance Deposit Public Right-of-way School District Land Ded TOTAL NAME: -0iT 4 U ADDRESS/PROJECT: PHONE: f iv 7&K> CHECK# O p CASE/PER IT # OF C IES: DATE: INITIAL: CASE NUMBER A053-99 PARCEL ID # 2735-112-09044 CASE NAME Lot 48, Maroon Creek Club Insubstantial Amendment PROJECT ADDRESS Lot 48, Maroon Creek Club PLANNER Sarah Oates CASE TYPE Insubstantial Amendment OWNER/APPLICANT Nina and Joshua Saslove REPRESENTATIVE same DATE OF FINAL ACTION No Action Tak CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 4/21 /00 BY J. Lindt 0 PARCEL ItF DATE RCVD: 6/3/99 #COPIES:—�^ CASE NO A05599 CASE NAME: Lot 48. Maroon Creek Club Insubstantial Amendment PLNR:�� PROJ ADDRI Lot 48, Maroon Creek Club CASE TYPJ Insubstantial Amendment STEPSF OWN/APP: Nina and Joshua Sa ADR 300 S. Hunter Street C/S/Z: Aspen, CO 81611 PHN: 925-8810 REPI same ADR: C/S/Z: PHN FEES DUE• 460 (d) + 160 (e) FEES RCVD 620 STAT: NREFERRALS REF]BYJ DUE: MTG DATE REV BODY PH NOTICED DATEF O FINAL ACTIQ , C / C t, , fG'`� REMARKS CI CITY COUNCIL: ` L PZ: BOA: CLOSED: ! ;.' BY: < DRAC• PLAT SUBMITD:_ PLAT (BK,PG): ADMIN: c-;x- MEMORANDUM To: Sarah Oates, Planning Technician From: Chuck Roth, Project Engineer 0`V Date: June 23, 1999 Re: Maroon Creek Club Plat Amendment General — (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 subject 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 §26.88.040.D. La 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 �, �C S bi Diorrr fcm co Bush a Ris 1-10 Coble' 2-1 ' Cables 'ce \ tier: { i ,r - f WHITE R c.. �. .: TIEHACK SKI AREA •' r r J &611, ,rya•-�.s . rvv 12 I 49 10 17.1 1 c _ .. _ }�-�. .. j �,y;f .. �e.4� `� `,, , i ..... _.cam-- �i� ' • �.S�i '�. M1lj �^ .,� •Y� ` 1 "'. tea._ = :�., ,.r �`-'�"� .. 7 i a > ,CAI' G� y2 17 PLANNER: PROJECT: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Mitch Haas, 920-5095 DATE: 2/8/99 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. Review by: Community Development Department and the Engineering Department. Public Hearing: No. Referral Agencies: Engineering, Parks. Planning Fees: Planning Deposit ($460) --- additional planner hours beyond the 2.5 covered by the deposit shall be billed at a rate of $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 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. 0 .0 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 = I/ea.; Planning Staff = 2 7. An 8 1/2" 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 may or may not be accurate. The summary does not, in any way, create a legal or vested right. City of Aspen Community Development Department Standard Application Package Staff Approval Applications Attached is a Development Application package for submission of your application. Included in this package are the following attaclunents: Development Application Fee Policy and Fee Schedule 2. Application Form 3. Description of -'Minimum 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) 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. The standards for your application are listed in Attachment We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development 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. While 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. LAjiD Us—C APPLICATION PROJECT. Name: `j A S L-O V C tR'E-S ( D i✓ 11)C-G- Location: Pl=I S T-G R C0 JR-7r 1--o T q(E IULWV P� cr -RVX1 t .� (Indicate street address. lot & block number, legal description where appropriate) APFL ICAN T : Name: K I M A 9a U0s4yA ��•SL-Oy£ Address: O O S .� Phone 1: ids--$ S (0 REPRESENTATIVE: Name: Address: Phone =: TYPE OF APPLICATION: (please check all that apple): Conditional Use ❑ Conceptual PUD Conceptual Historic Devt. 0 Special Review i ! Final PUD (& PLD Amendment) Lj Final Historic Development r7 Design Review Appeal r7 Conceptual SPA t Minor Historic Devt. GMQS Allotment L_jFinal SPA (& SPA Amendment) Historic Demolition 0 GtiIQS Exemption ❑ Subdivision Historic Designation ESA - 8040 Greenline, Stream [j Subdivision Exemption (includes [] Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split ❑ Temporary Use Other: i?�Llb � Lot Line Adjustment Text NiIap Amendment AD US 11AE:k T EXISTING CONDITIONS: (description of existing buildings, uses, previous txus—IQn 61bas, PROPOSAL: (description of proposed F,L.D E . F-O Uct- Sa -C uses, modifications, etc.) Have you attached the following? ❑ Pre -Application Conference Summary Attachment 91, Signed Fee Agreement Response to Attachment #?, Dimensional Requirements Form Response to Attachment 43, Minimum Submission Contents Response to Attachment 44, Specific Submission Contents ❑ Response to Attachment 45, Review Standards for Your Application etc.) 0 FEES DUE: S A-7, Acr irvi-E 1T 1 Ciry 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 of land use applications. A flat fee or deposit is collected for.land use applications based on the type of application submitted. Referral 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 AspeniPitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and 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 will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will 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 with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department. ASPEN/PiTV C0?VLNiL�TY DEVELOPMENT DEPARTNITNT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and !�( �Q A. 0+0'`c( �1��{N�.? A aLZt, ' (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICAN-T has submitted to CITY an application for SAS "tle=- - S -1-- 51 p E k) 01�5 (hereinafter, THE PROJECT). 2. 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. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT 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. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S 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 shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Signature: Stan Clauson Date: Comm,,inity Development Director Printed Name: City of Aspen Mailing Address: TOS 40A 5As1.avE- :2 S , �e tJ C.6 Project: Applicant: Location: Lone District: Lot Size: Lot Area: • ATTAC7��lENT 2 0 DIMENSIONAL REQUIREMENTS FORM (ior the purposes of calculating L leor .area. Lot area ma,. be reduced for areas within the nigh water mark, easements, and steep slopes. Please refer to the definition of Lot :area in the l,iunicipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed:_ Principal bldg. height: Existing: Allowable: Proposed._ Access. bldg. height: Existing: Allowable: Proposed:_ On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required.• Proposed: Rear Setback: Existing: Required.• Proposed: Combined F/R: Existing: Required.- Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing Required: Proposed: Existing non -conformities or encroachments: Variations requested: 'F- WC L 015 ATTACHMENT 3 MINIMUM SUSMISSION CONTENTS Applicant's name. address and telephone number, contained within a lener signed by the applicant stating the name. address. and telephone number of the representative authorized to act on behalf of the applicant. The street address and legal description of the parcel on which development is proposed to occur. 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" Y I F vicinity map locating the subject parcel within the City of Aspen. 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.) • Is ATTACHMENT 4 Specific Submission Contents Insubstantial Amendment To Subdivision Development Order By Plannin; Director Tne request for Planning Director approval of an insubstantial amendment shall contain the followin, items: 1. A wTitten description of the existing conditions on the property which are requested to be altered via the amendment or exemption. :. 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, with 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 45) • 11 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 review 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. 0 Attachment 5 Stan Approval Development Review Procedure 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to t, our development proposal and will identify the materials necessary to review your application. 3. Submit Development Application. Based on your pre -application meeting, ou should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. I Determination of Completeness. Within five working days of the date of your submission. staff will review the application, and will notify you in 1vTiting whether the application is complete or if additional materials are required. Please be aware that the purpose or the completeness review is to determine whether or not the information you have submitted is adequate to review the request. and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for 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 information 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, will 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 normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has 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 Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will 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 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 Joshua & Co. 300 South Hunter Aspen, CO 81611 Phone:970-926-8810, Fax.970-925-4349 TIiIS FORM HAS BVORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR O'ER COUNSEL BEFCRE SIG.NLNG VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLER OR PRIVATE THIRD PARTY] March 18 ,1999 1. PARTIES AND PROPERTY. Joshua Saslove Nina S. Saslove buyer(s) [Buyer], (as joint tenants/ tenants in common) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Pitkin Colorado, to wit Lot 48 Maroon Creek, City of Aspen known as No. TBD Aspen Co 81611 Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract lighting, beating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including —�— remote controls; (b) if on the Property whether attached or not on the date of this contract: storm windows, storm 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 (d) Water Rights. Purchase price to include the following water rights: None. (e) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: None The above -described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, special warranty 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 PRICE AND TERMS. The purchase price shall be S payable in U.S. dollars by Buyer as follows. (Complete the applicable terms below.) (a) Earnest Money. S _ in the form of personal check as earnest money deposit and part payment of the purchase price, payable to and held by Pitkin County Title "Closing Agent" in its trust account on behalf of both Seller and Buyer.d1.\�s\`a�t`���i�\de�jk\tar`ue�st\r3tdP�c�cs\tb\�h�\'aciS�3\�5\`i�11 The balance of S (purchase price less earnest money) shall be paid as follows: (b) Cash at Closing. S plus closing costs, to be paid by Buyer at closing in fiords which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan tellers check, and cashier's 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 (c) New Loan [OMITTED - INAPPLICABLE] (d) Assumption [OMITTED -INAPPLICABLE] The printed portions of this form have been approved by the Colorado Real Estate Commission. (CSS3-7-96) CBS3-7-96. VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLER/PRIVATE THIRD PARTY] Rea1FA$T® Forms, Box 4700, Frisco, CO 80443, Version 5.52, ©Rea1FA$T®,1999; Reg# XCOCOL225544 Completed by - Joshua Saslove, Joshua & Co. 03/1719917:34:05 Buyer(s) Page 1 of 6 Seller(s) (e) ;eller or Private Third -Party Fuiancing.• • S by Buyer ex=mtmg a promissory note payable to: Seller on the note form as indicated: (Check one box only.) ❑ (UCCC - No Default Rate) NTD 82-3-95 ZNTD 81-11-83 [In / a secured by a (1st, 2nd, etc.) 2nd deed of trust encumbering the Property, using the form as indicated: (Check one box only.) ® Strict Due -on -Sale (TI 72-7-96) ❑ Creditworthy (TD73 7-96) ❑ Assumable - Not due on sale (TD74-7-96) ❑ n/a The promissory note shall be amortized on the basis of n/a years, payable at S interest only per month including principal and interest at the rate of 7 % per annum. Payments shall commence 30 days from date of closing and shall be due on the 1st day of each succeeding month If not sooner paid, the balance of principal and accrued interest shall be due and payable See Additional Provisions after closing. Payments ❑ shall ® shall not be increased by N/A of estimated annual real estate taxes, and ❑ shall 9 shall not be increased by N/A of estimated annual property insurance premium. The loan shall also contain the following terms as indicated: If any payment is not received within 10 calendar days after its due date, a late charge of 5 % of such payment shall be due. Interest on lender disbursements under the deed of trust shall be N/A % per annum. Default interest rate shall be 15 % per annum. Buyer may prepay without a penalty 4-t6p\\ AT ANYTIME 4. FINANCING CONDITIONS AND OBLIGATIONS. (a) Loan Appliation(s). [ONE=D - INAPPLICABLE] (b) Loan Approval. [ONE=D - INAPPLICABLE] (c) Existing Loan Review. [OM=D - 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 Seller 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 Buyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (3) any such information 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 written notice of Seller's 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 contract shall terminate. 5. APPRAISAL PROVISION. (Check only one box) This Section 5 ❑ shall ® shall not apply. u`tNi W' bh\AW%E\1@�\uldi6"\AMt\\Mkl\1*%N\Mk`09\did`thilahANVM\6 hhh*�1i\fhb\�uk�h'as'c\��\����� th>t �PtdpbkAbts\ \C�I> G�� i rkiln`e$ Vet \a1q\a`p�? 4\hN Nb% n / a h�\�bktk�c\�\t@i�a\4>\ th`e\�\�u>\\T�li1`a\�i\1d�t�►\a�Abfi ttb\ab�i�a\pk\c\�tah\k�is'a\��\\�b �, :v��b n/ a 6. COST OF APPRAISAL. Cost of any appraisal to be obtained 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 consent Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OETITLE. Seller shall furnish to Buyer, at Seller's expense,\A&r a current commitment for owner's title insurance policy in an amount equal to the purchase price dt�?, �c\11es\dJlp\3tr�`�t2�rlc\{\ti=1'Y\cr'd,lp\�r3t\d�`>e\ on or before March 21, 1999 (Title Deadline). Buyer ril&y\ require of Seller 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 county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (fide Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 7 calendar days after Tide 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. TME. (a) Title Review. Buyer shall have the right to inspect the Tide Documents i \a�4Nct Written notice by Buyer of unmerchantability of title or of any other unsatisfactory tide condition shown by the Title Documents or\i*fit*i `§hall be signed by or on behalf of Buyer and given to Seller on or before 7 calendar days after Tide Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) The printed portions of this form have been approved by the Colorado Real Estate Commission. (CSS3-7-96) CSS3-7-96. VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERIPRIVATE THIRD PARTY] RealFA$T® Forms, Box 4700, Frisco, CO 80443, Version 5.52, ©RealFA$T0,1999; Reg# XCOCOI 225544 Completed by - Joshua Saslove, Joshua & Co. 03/17(9917:34:05 Page 2 of 6Buyer(s) Seller(s) or end(qrsemenK( r) adding new Exception(s) to ie commitment together with a copy of the Twocument adding new Exceptien(s) to title. If Seller does not receive Buyer's notice by the a (s) specified above, Buyer accepts the condition title as disclosed by the Title Documents as satisfactory. (b) iVIatters Not 1.'hown 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 Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(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, 19 9 9 . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowedge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS 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 INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION ]INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILT, LEVIES OF SUCH 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 terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above. Buyer accepts the effect of the Propertys 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 unsatisfactory 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 form 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'sexpense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before May 30, 1(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 not agreed, in writing, to a settlement thereof on or before June 05, 1999 (Resolution Deadline), this contract shall terminate 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 special warranty deed 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 not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown 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 OFENCUMBRANCES. Any encumbrance required 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 and all other items required to be paid at closing, except as otherwise provided herein Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed S 500 . 00 and shall be paid at closing by q the parties eually . The local transfer tar of 1 • 5 % of the purchase price shall be paid at closing by Buyer Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer 15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner'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. (CSS3-7-96) CSS3-7-96. VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERiPRIVATE THIRD PARTY] ReaIFA$T® Forms, Box 4700, Frisco, CO 80443, Version 5.52, ©ReaIFA$T®, 1999; Reg# XCOCOL225544 Completed by - Joshua Saslove, Joshua & Co. 03/17/99 18:19:17 Page 3 of 6 Buyer(s) Seller(s) subject to the following lease(s) or tcnancy(s): None 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 S 5 0 0 . 0 0 per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. 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 cant' out 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 growing crops, if any. 18. TIME, OF ESSENCE/REI IEDIES. 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.) ❑ (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. ® (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 perform 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 specific performance or damages, or both. (c) COSTS AND 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 award to the prevailing party ail reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPITTE. Notwithstanding am termination of this contract, Buyer and Seiler agree that, in the event of any controversy regarding the earnest money and things of value held by \ipliJr\dr\closing 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 broker's 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. JNk�\�� t1l1� \N O)\ Vi, \4\A V�4k ti\ kNth k ` kcjvkN \ hi"kt" \�\ \s�r)l \b\y\kN\ to ` (\ W\ Nt�4%\ fbk \VWV4a0\ NANN s\ hihWA 21. ADDITIONAL. PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real 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 defect." 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 Buyer and Seller acknowledge that the Selling Company The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS3-7-96) CBS3-7-96. VACANT LANDIFARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERIPRIVATE THIRD PARTY] ReaIFA$TD Forms, Box 4700, Frisco, CO 80443, Version 5.52, CcReaIFA$T®, 1999; Reg# XCOCOL225544 Completed by - Joshua Saslove, Joshua & Co. 03/17/9918:19:17 Page 4 of "o Buyer(s) Seller(s) 22. RECOMI , bai DATION SOT' LYMAWOUNSEL By signing this document, Buyer and Seller ackiowledge 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. TEI3kILYA'IIO . in the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. 24. SELLUM COI�QANY BROXER RELATIONSHIP- The selling broker, Joshua & Co. and its salespersons have been engaged as Buyer 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. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked Z when received by Selling Company. 26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller\�-4\�W 27. MODMCATIOIN OF THIS CONTRACT. No subsequent modification of arry of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 23. 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 Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before March 18 , 19 9 § (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 DATE Joshua Saslove 300 South Hunter, Aspen, CO 81611 Home #: 970-925-1742 Bus.#: 970-925-8810 Fax #: 970-925-4349 SSN: 365-38-5964 BUYER Nina S. Saslove 300 South Hunter, Aspen, CO 81611 Home #: 970-925-1742 ODE, LLC 144 Green Bay Road, Winnetka, IL 60093 Home #: 847-441-5959 Fax #: 847-441-5984 SELLER By: William T. O'Donnell, Jr. DATE DATE The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms 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. (CBS3-7-96) CBS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLER/PRIVATE THIRD PARTY] RealFA$T® Forms, Box 4700, Frisco, CO 80443, Version 5.52, ©RealFA$TV, 1999; Reg# XCOCOL225544 Completed by - Joshua Saslove, Joshua & Co. 03/17J99 17:34:05 Page 5 of 6 'Joshua & Co. 40 300 South Hunter Aspen, CO 81611 Phone: 970-925-8810, Fax: 970-925-4349 By: Signature Joshua Saslove Date Listing Company Joshua & Co . By Signature Date 300 South Hunter Aspen, CO 81611 Address City State Zip Phone 970-925-8810 Fax 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) CBS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [SELLERIPRIVATE THIRD PARTY] ReaIFA$T® Forms, Box 4700, Frisco, CO 80443, Version 5.52, ©RealFA$T®, 1999; Reg# XCOCOL225544 Completed by - Joshua Saslove, Joshua & Co. 03/17/9917:34:05 Page 5 of 6 Buyer(s) Seller(s) NPR 15 '59 05:47pil jcs-luq z CQ. P. 7 akc Y. cizopazy hm ad�vzd Aw ZM7 deVMM �a !MMrM? ".7321 J= =Mk94CM Z! VAW aw IL = 7-1,M)IMAT16041. la nc c-ma lhi3 wntw% is tcrmimed. all 7A lli2n VI th-j �zMo ball � of all cbbpt=2 l=wc7-'sr. Vtj= W 59%2im 19, no 7 SaWag CzzmpaW Vn pzz7i=uui7 cdl i Sri tm yj�s ZY= aakn.3=7 of si7; n6l� T.-Omm tv"ev 2& -,10=2 TZ mm:m AU7 acag, � '-Iau1zr zilaR `:e d9l�-j7e nr4;m mwi-r-J IP7 Zqysr, er, if tkii bwt ':3 chm)wd 2 W.%m admp" Q;wFany. 25. NO= TO 3MLIM my acdce to 3elcr zbdi Im vf=-�,n whm mr;i7iA W 27. MVDMM� MIED MIT M3 CDAMM Flo �u=p=2 mcd&:v.—,&7 of wW of �e rcz= ;?f &-g =mcz ahl ccvzar. =Rehms to artim- =trd 5I.—Am the p3mm vr'U'L� -0 le —'TJ ;wjaia3 t=xj, aril v tea. %nm b-=m m2rO M!d izFMW-md Im th =mczy. Lltdr 9jVa-axrm lv-'Gv. znd is c2nriag party T=i*M Mice Of =1 XtrA=* m sr max Dmadke). If a=pftj, ftz 4=== -W I;a=Imz a wmcs bGwom 2e1er nnd BWYSr- A CC" of 'nA dmmOt --my §@ =-LT=I ?;v C'70 m?m2fcIY—=d wbo =h Pvty Iwo C=Ma^L'A a ccry ;B1mm MwIft-I ahwl be im % Wl -;4 vm;L� scot= hvvw.i MIA J03hua 300 Scult�l Huntez, Aspen, CO lltll 2cm - 4; 910-925-1742 Suz-1: 3 3' N:v 3 93-3 a — 5 9'6 4 BUYER DATE Nina S. Saslcv-- 300 South zuntaz' A3,30em, CO 91611 Ezm- 4: 970-923-1742 ODZ, LL Zee, -a 3-17-44 By: Wil T�z zm,p a zh east fflw� &F-di 3PP-.Md m TV'-!t!M 3, � 3Qcpmy i-a amw awail;Wkip a 3'31lizv3 C-40F.V: T= 470, -77im, CC X*0. vmigr -3.552' 52-:r"M—� =f -.14200 42=1;m' J=hua a Ca. CZ�17M 17f-W�j E3, j V36ST"Lvs KC RZ:VT ADDENDU?/1 THIS ADDEIMdTM 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." I. Addendum Controls. This Addendum is entered into contemporaneous 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 PitkiYn 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 365-33- 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. If for 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 Seller. 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 limited 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 1, 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 Buyer. The commitment called for in Paragraph 8 of the printed portion of the Contact, shall be 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 of U.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 perjury, 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, Sunday 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 amended 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 shall sz:7,ive 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 beL.Lng 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 prejudicod by virtue of such acts 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 dote 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 (S 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 fimme 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. R.econfiguration of Building Envelope. Seller gives the Buyer, at Buyer's sole expense, the right to pursue the relocation and 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 -halt" 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 Seiler 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 of the 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 fNT SCHEDULE A 1. Effective Date: 03/01/99 at •08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: , JOSHUA SASLOVE and NINA SASLOVE (b) ALTA Loan Policy -Form 1992 Pro -cored Insured: Case No. PCT14004 Amount$ Premium$ Rate:RE-ISSUE Amount$ Premium$ Rate: 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, AN ILLINOIS LIMITED LIA3ILITY COMP.;,-VY 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, MAROON CREEK CLUB, as shown on the Final Subdivision Plat k PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS # This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT FAIT 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 ODE LLC, AN ILLINOIS LIMITED LIABILITY COMPANY To JOSHUA SASLOVE and NINA SASLOVE 2. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of MAROON CREEK CLUB 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) S. 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) FNT 0 • 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. a. Any lien, or right to a lien, for services, 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 26, 1994 in Book 756-at Page 597, deleting therefrom any restrictions 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) FNT 0 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. FNT • ADDITIONAL INFORMATION AND 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 boundaries 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 Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT14004 A and 3 are attached. 014461 Marne and Mailing Address Include in Mailing: Yes Arthur and Elizabeth Pfister PO Sox Ee Aspen, CO 81611 Assessor's Office Value Land: $1,500,000.00 Bldg(s): Total: $1,500,000.00 Taxes: $13,399.74 Note: Assessed Value is typically 10-30% below Market Value, however there are exceptional variances with regard to VACANT LAND. Sales History Various Sq Ft Structural Legal Description Subdivision: MAROON CREEK CLUB Block: Lot: 47 LThru: -Lot: Remarks: FREE MARKET Complex: Unit#: Remarks: Land Size: 27311 S Property Use Code: Parcel (Mapping) #: 2735 11 3 09 047 Physical Address: ASPEN Misc Amenities Note: Physical Address is incorrect 37% of the time, due to incomplete county information. Note: A significant number 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 information. • 11 130 S. Galena St., Aspen, CO 81611 970-920-5090 FaX To: Joshua Saslove From: Sarah Oates Fax: 925-4349 Pages: Phone: Date: June 29, 1999 Re: Lot 48, Maroon Creek Club CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Attached are the comments from engineering, along with the section of the code they cited with 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 with any questions. MEMORANDUM To: Saran Oates, Planning Technician th, Project Engineer Date: June 23, 1999 Re: Maroon Creek Club Plat Amendment General — (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 subject 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 imparts a natural drainage way. My dment needs to be prepared to meet the requirements of the City Code in a and 2.a. W . 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 �� 1 • • J #� 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 �e comments ar&-based on the fact that we -Believe that the submitted site plan is kill tL ws 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 subject 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 §26.88.040.D.1.a and 2.a. 99M87 • (2) Cash -in -Lieu Payment. Payment of cash in -lieu of a land dedication shall be made to the city prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. e. Use of Land and Use of Funds. (1) Land. All lands dedicated to the city pursuant to this section shall be held by the city for the Aspen School District, until 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) Funds. All funds collected pursuant to this division shall be transferred by the building inspector to the finance director. All funds so collected shall be properly 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. Funds 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 their immediate 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 service 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 landmarks, 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 (Aspen 5,95) 642 0 26.88.040 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 number 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, irrigation 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 measured four and one-half (4 1/2) 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 hazard 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 be required by the planning agency or other reviewing agency. 0) 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, surface 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; number of bedrooms per dwelling unit; ground coverage of proposed structures and improvements including parking 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). (1) In the case of a division of land into condominium 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. 643) (As?en 5,95) 26.88.040 0 • (4) GIS Data. All subdivision applications shall submit the requirements specified in section 26.88.040(C) and section 26.88.040(D) in a digital format acceptable to the Community Development Department. Base information shall be obtained from the Community Development Department. `4�-2. 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 (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) 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 mark 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 final plat by the city engineer, planning 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. (aspen 5/96) 644 • 0 26.88.040 (11) Any agreements with utility or ditch companies, when applicable. (12) Any subdivision agreements as required by Section 26.88.040(C)(3). b. Submission of development application to city council. The development application 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 1271, § 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 park and 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 work 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 planned 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 clerk 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 (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to 644-1 (Amen 5196) • • 130 S. Galena St., Aspen, CO 81611 970-920-5090 FaX To: L V �� From: Fax Pages: Phone: �J - Lf :� _ I -( Date: Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: