HomeMy WebLinkAboutLand Use Case.40176 Hwy 82.1981-PD-2~~~ '~
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Recorded at 2:21PM September 14, 1981 Loretta Banner, 2 3 ~5fi3 ~
Recorder
:x,,.413 ~~:~_980
P.U..D. AND SUBDIVISION AGREEMENT
FOR
THE MAROLT RANCH
City of Aspen
State of Colorado
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P.U.D. ANll SUBDiVISIUN AGREEMENT
FOR
THE MAROLT RANCH
TABLE OF CONTENTS
Pace
Section I. General Development Plan 2
Section II. Construction of Improvements 3
Section III. Easements, Rights of Way, and Relocations 5
Section IV. Dedications 7
Section V. Open Space and Common Area Management,
Maintenance and Use 7
Section VI. Water Rights and Availability 14
Section VII. Sewer Availability 14
Section VIII. Employee Development - Tikle 14
Section IX. Employee Housing - Price Guidelines 16
Section X. Financial Assurances 16
Section XI. Additional Parkiny 17
Section XII. Restrictions on Short-Term Rentals 18
Section XIII. Deed Restrictions 18
Section XIV. Non-compliance and Request for Amendments or
Extensions by Owner 18
Section XV. Miscellaneous 20
Exhibit A Legal Description
Exhibit B Table of Site Data Tabulation
Cxhibit C Construction and Development Schedule
Exhibit D Improvement Responsibility Schedule
Exhibit E Improvement Completion Percentage Schedule
Exhibit F Letter from Sanitation District
Exhibit G Additional Parking Schedule
P.U.D. AND SUBDIVISION AGREEMENT
FOR
THE MAROLT RANCH
This P.U.D. and Subdivisi n Agreement is made and entered
into this _/per day of ~~~~/a~~ , 1981, by
and between THE CITY OF ASE , COLORADO, a Municipal Corporation,
(hereinafter referred to as "City"), and MAROLT ASSOCIATES, a
Colorado general partnership (hereinafter referred to as "the
Owner").
W I T N E S S E T H:
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation, the final plat and development plan of
a tract of land situate within the City of Aspen, Colorado, legal-
ly described on Exhibit "A" attached hereto and incorporated here-
in by this reference, and designated as "The Marolt Ranch Subdi-
vision" ("The Plat"); and
WHEREAS, the City has rezoned the real property covered by
the plat to R-15A/PUD/SPA; and
WHEREAS, the City has fully considered the plat, the proposed
development and improvement of the land indicated thereon, and the
burdens to be imposed upon other adjoining or neighboring proper-
ties by reason of the proposed development and improvement of the
land indicated on the plat; and
WHEREAS, the City is willing to approve, execute, and accept
for recordation the plat upon the condition that the Owner agree
to all matters contained in this Agreement, and subject. to all of
the applicable requirements, terms and conditions of the City of
Aspen PUD and subdivision regulations now in effecr_ and other
applicable laws, rules and regulations; and
WHEREAS, the City desires to impose certain conditions and
requirements in connection with its approval, execution and
recordation of the plat, as are necessary to protect, promote, and
enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide
by and faithfully perform all of the conditions and requirements
imposed by the City in approving the plat; and
WHEREAS, pursuant to Sections 20-16(c) and 24-8.6 of the
Municipal Code of the City of Aspen, the Uwner is required to pro-
vide assurances that it will faithfully perform the conditions and
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requirements hereinafter ay reed to prior to the City's acceptance
and approval of the final plat; NOW, THEREFORE,
IN CONSIDERATION OF THE PREMISES, the mutual covenants herein
contained, and the approval, execution and acceptance of the plat
for recordation by the City, it is mutually agreed as follows:
I.
GENERAL DEVELOPMENT PLAN
The Marolt Ranch development indicated on the plat includes
the following elements:
A. Lot 1 - Shall constitute the "employee housing" or "deed
restricted" development.
B. Lot 2 - Shall constitute the "free market development°'
and shall be owned, improved, marketed and sold by the Owner or
Owner's assigns;
C. Lot 3 - This parcel, as shown on the plat, shall be
dedicated to the City for its use, subject to an existing leasing
right by the current occupant, Neil Beck;
D. Lots 4-6 - Shall be restricted for sale by the Owner to
the owners of the property adjacent to those respective lots. Any
conveyance document shall include restrictions in the nature of
covenants running with the land prohibiting any building improve-
ments on such lands and shall expressly stipulate that the adja-
cent property shall not receive a change or increase in develop-
ment rights by virture of the added acreage resulting from such
conveyance. Any documents of conveyance shall be submitted to the
City Attorney for approval as to form of the herein restriction
prior to recordation;
E. Open Space 1 - Shall be dedicated to the City as open
space in perpetuity, with specific management, maintenance and use
guidelines;
F. Open Space 2 - Constitutes the river corridor and shall
be dedicated to the City as open space in perpetuity with specific
management, maintenance and use guidelines within the context of
maintaining river corridor conservation lands;
G. Cemetery Lane R.U.W. - Constitutes a l0U' right-of-way,
designated on t_he plat as "Holden Road", to be dedicated to the
City for a potential roadway alignment between State Highway No.
82 and Castle Creek Road;
H. Main Street R.O.W. - Constitutes a 150' right of way to
be dedicated to the City for a future road alignment of a poten-
tial Main Street extension, as indicated on the plat;
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I. City Parcel - For purposes of reference, the City cur-
rently owns a parcel commonly known as the "Thomas Property",
located contiguous and immediately to t_he west of the platted
property. It is the understanding of the parties that the "Thomas
Property" shall be utilized to accomplish the following general
improvements shown on the plat documents.
a. Aliynment of Cemetery Lane at the intersection of High-
way 82, its connection to the Cemetery Lane right-of-
way, and private roadway access to Lot 2.
b. Extension of the connection of the Main Street right-of-
way.
'The Table of Site Data Tabulations annexed hereto and incor-
porated herein by reference as Exhibit "B"' provides a more speci-
fic allocation of the uses anticipated within the various parcels
indicated above.
The plat indicates the improvement of the lands by the con-
struction of two distinct developments. One shall be deed or
covenant restricted in accordance with the provisions of Section
24-11.4(b)(3) of the Municipal Code as those provisions apply to
low, moderate and middle income ho usiny, and the other shall be
improved as a "free market" development. Althouyh the land
beneath the two developments may evolve in separate ownership,
Owner expressly acknowledges and agrees that construction and
ownership of all improvements for both developments will remain
under t_he auspices of the Owner or Owner's assiyns. The "employee
ho usiny" or "deed restricted" development shall constitute 70 per-
cent of the total number of units approved on the plat, and the
free market development shall constitute 30 percent of the total
number of units approved on the plat. In view of the dual nature
of the developments, the Owner represents that the cost allocation
and proration shall follow the relationship of each development's
number of units ro the total number of units approved for develop-
ment as indicated on the Improvement Responsibility Schedule
annexed hereto and made a part hereof as Exhibit. "D".
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature and Estimated Costs of Improvements: - Owner and
its assigns shall be responsible for the construction and instal-
lation of all improvements contained within the developments as
indicated on the plat, in accordance with the requirements of Sec-
tion 20-16(a) of the Municipal Code. The nature, extent and esti-
mated cost of such improvements shall substantially conform to the
schedule entitled Improvement Responsibility Schedule annexed
hereto and made a part hereof as Exhibit "D".
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B. Construction Schedule: - In accordance with the require-
ments of Sections 20-16(c)(1) and 24-8.9(b) of the Municipal Code,
the construction of all development shall substantially conform to
the "Construction and Development Schedule" annexed hereto and
made a part hereof as Exhibit "C", which schedule includes the
dates of the beginning and completion of the improvements, the
sequence of construction and phasing, including the phasing of the
construction of public improvements, recreational, park and common
space areas.
In connection with the aforesaid "Construction and Develop-
ment Schedule" (Exhibit "C"), the Owner represents that the con-
struction of the "free market" development and the "employee hous-
ing" or "deed restricted" development will occur in a substan-
tially simultaneous manner. However, the Owner acknowledges that
any approval granted by this ayreernent is expressly conditioned
upon the requirement that a number of employee units reflective of
the 70 precept "employee housing" or "deed restricted" to 30 per-
cent "free market" mix must be qualified for a permanent certifi-
cate of occupancy before a permanent certificate of occupancy may
issue for a "free market" unit. Thus, certificates of occupancy
will only be issued for the individual "free market" units as they
come on board for completion and occupancy if there are a number
of "employee housing" or "deed restricted" units simultaneously
completed and qualified for permanent occupancy in ratio of the
70/30 percent unit mix contemplated by the Growth Management Quota
System exception set forth in Section 24-11.2(1) of the Municipal
Code, referenced herein as a condition of approval.
Nothing herein shall prevent the Owner or its successors and
assigns from construction and completion of the "employee housing"
or "deed restricted" units in advance of the "free market." units.
As a further express condition to any of the approvals con-
tained herein, that Agreement and the terms and conditions thereof
entered into by the parties, dated July 3, 1980, and recorded in
the Office of the Pitkin County Recorder at Book 391, Page '243,
are hereby incorporated herein and made a part hereof by refer-
ence.
C. Landscaping Plan: - In accordance with the require~aents
of Section 24-8.16 of t_he Municipal Code, all landscaping shall
substantially conform to the "Landscaping Plan" consisting of
three pages labeled "A", "B" and "C" annexed to the plat and
incorporated herein by reference, which plan shows the extent and
location of all plant materials and other landscape features,
flower and shrub bed definition, proposed plant material at mature
sizes and appropriate relation to scale, species and size of
existing plant material, proposed treatment of all ground surfaces
(e.y. paving, turf, gravel, etc.), location of water outlets, and
a plant material schedule with conunon and botanical names, sizes,
quantities and method of transplant. Prior to the granting of any
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permits for construction and as an express condition of approval
of the plat, the Owner shall provide to the extent not covered by
the assurances required under Article X of this Agreement a guar-
antee for no less than one hundred twenty-five percent (1258) of
the current estimated cost of the landscaping improvements as
estimated by the City Engineer to insure the installation of all
landscaping shown on the Landscaping Plan and the continued main-
tenance and replacement of the same for a period of two (2) years
after installation. The guarantee shall be in the form specified
in Section 20-16(c)(1) of the Aspen Municipal Code, and may be
withdrawn by the City as therein specified. As portions of the
landscaping improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, he shall authorize
the release of the agreed estimated cost for that portion of the
improverents except that ten percent (10~) of the estimated cost
shall be withheld until all proposed improvements are completed
and approved, and an additional twenty-five percent (25~) retained
until the improvements have been maintained in a satisfactory con-
dition for two (2) years thereafter. It is the express under-
standing of the parties that the procedure set forth in Article
XIV of this Agreement regarding non-compliance shall not be
required with respect to the enforcement and implementation of the
financial assurances set forth herein and required by Section 24-
8.16 of the Municipal Code.
III.
EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS
The plat sets forth t_he following easements, rights-of-way,
and anticipated relocations which will be necessary to cause the
improvements:
A. Main Street Right-of_Way - As indicated on the plat, the
Uwner shall and hereby dedicates to the City a 150' right-of-way
for the potential extension of Main Street as a transportation
artery and those uses set forth in Article V B.3 of this Agree-
ment. The exact_ location and legal description of such right-of-
way are as further set forth on the plat. In conjunction with
said dedication, the Owner and its successors and assigns hereby
specifically waives the right to and agrees not to protest or
enjoin the construction and placement of sidewalks and gutters
along Main Street in the event the same are contemplated or con-
structed.
B. Cemetery Lane Extension, Easements and Relocation - The
Uwner agrees to relocate the intersection of Cemetery Lane with
State Highway No. 82 to allow for Cemetery Lane's alignment with
the right-of-way indicated on the plat, and hereby dedicates to
the City (in conjunction with the City's restriction of the por-
tion of such Cemetery Lane alignment as is included within the
Thomas Property) a one hundred foot (100') right-of-way for the
proposed future extension of Cemetery Lane as indicated on the
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plat. Such Cemetery Lane alignment and extension as provided by
both the City and Owner herein shall allow for such easements as
will satisfy the title insurability and access to the subject
property over and across such realigned and extended Cemetery Lane
roadway and right-of-way (designated on the plat as "Holden
Road"). In connection herewith, the City shall grant to Owner an
easement across a portion of that property commonly known as the
"Thomas Property" for access purposes and for the purpose of the
installation and maintenance of the Highway 82 intersection with
the proposed Holden Road which will be located on the "Thomas Pro-
perty", and the installation and maintenance of that portion of a
private roadway connecting Holden Road to Lot 2, all as indicated
on the unplatted portion of the plat.
C. Gas Company Building and Gas Line Easement - The City
and Owner hereby agree to an easement for the continued existence
and maintenance of the Gas Company building and qas line currently
indicated on the plat.
u. Cross Ease,nents - City and the Owner hereby specifically
agree to provide all necessary cross easements indicated on the
plat and such other cross easements as may be ~autually ay reed in
writing between the Owner and the City for the purpose of afford-
ing necessary access to and from the public highways to the
respective parcels.
E. Ditch Relocations and Ponding - The City hereby approves
the relocation and pondiny of the water as indicated on the plat.
In connection therewith, the Owner and its successors and assigns
expressly recognizes the existing rights-of-way for ditches and
the right of the City to go onto and maintain the same, as well as
the right of the City to direct water into the ditches and pond
water for subsequent use on the golf course, principally through
Y.emporary detention of the direct flow of water. Following such
temporary interruption or maintenance activity, the City shall
cause any disturbed property, improvements or landscaping to be
returned to its original state prior to such temporary interrup-
tion or maintenance activity.
F. Utilities and Drainage - The City acid Owner agree to the
easements for the relocation, installation and maintenance of
utilities and the establishment and maintenance of drainage speci-
fically set forth on the utility sheets, the utility relocation
sheets, and the drainage sheets which are appended to the plat.
G. Miscellaneous - Ail easements, rights of way and reloca-
tions indicated on the plat but not specifically referenced here-
inabove are Hereby established, authorized and approved by the
City and agreed to by the Owner.
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H. Reservation of Rights Regarding Easements and Restric-
tions on the "Thomas Property" - Notwithstanding anything herein-
above to the contrary, any and all easements to be granted to
Owner by the City shall be subject to any and all existing ease-
ments and restrictions of record and such easements and restric-
tions indicated in the deed conveying the "Thomas Property" to the
City, dated December 19, 1972, recorded in the Office of the Pit-
kin County Clerk and Recorder at Book 270 and Page 221. The Owner
and its successors and assigns hereby agree to defend, hold harm-
less and indemnify the City from any and all suits and claims
arising out of Owner's use of the "Thomas Property" as set forth
in this Agreement to the extent that such use conflicts with or
encroaches upon the rights of those who are not parties to this
Agreement. The City will cooperate with the Owner to the extent
of read~ustiny any easements granted to Owner which conflict with
existing easements and restrictions on the "Thomas Property".
IV.
DEDICATIONS
In accordance with Section 20-18 of the Municipal Code, the
following dedications and/or exemptions apply:
A. Exemption
housing development
fide moderate income
City hereby agree to
tion of the Park and
the Municipal Code.
- The "employee housing" or "deed restricted"
contained within Lot 1 shall constitute a bona
housing development, and the Owner and the
the exemption of the same from the applica-
Recreation requirements of Section 20-18 of
B. Park Dedication Fee - The City recognizes that Owner has
agreed to dedicate to the City for open space purposes those par-
cels designated on the plat as Open Space 1 and Open Space 2.
With respect to that land to be used for "free market" development
(Lot 2) the City recognizes that the Owner is dedicating a sub-
stantial portion of such land for open space and recreational pur-
poses. In consideration thereof, the City Council elects, pursu-
ant to Section 20-18 of the Municipal Code, that a cash payment in
lieu of land dedication be made by Uwner on the basis of approxi-
mately twenty-two percent (22~) of the land contained in Lot 2,
which cash payment is determined to be One Hundred Twenty-nine
Thousand Five Hundred Eighty Dollars ($129,580.00).
Owner agrees to pay such park dedication fee via the execu-
tion of a promissory note in favor of the City at the time of
issuance of a building permit, which note shall bear interest at
the rate of twelve percent (128) per annum, and shall be due, on a
pro rata basis, upon the issuance of a certificate of occupany on
each respective free market unit.
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V.
OPEN SPACE AND COMMON AREA
MANAGEMENT, MAINTENANCE AND USE
A. General - It is the intent of this article to address
respective responsibilities, limitations, covenants, and mutual
agreements with respect to the management, maintenance and use of
the open space, rights of way, and common area parcels indicated
on the plat.
B. Open Space and Right of Way Use Limitations - With
respect to the open space and right of way parcels, the Owner's
dedication thereof to the City is expressly conditioned upon and
made subject to certain specified use limitations, as follows:
1. Open Space 1 Category: Those parcels designated on
the plat as "Open Space 1"shall be expressly limited to open
space designation that requires said parcels to retain their
natural growth and vegetation, with no recreational or other
active use allowed which would interfere with or cause damage to
ttie natural growth and vegetation contained thereon. It is t_he
intent of this limitation that no disruption of the natural growth
and vegetation contained within said parcels shall be allowed, and
that they shall be retained in their natural state, with no im-
provements, activity, or other action taken by the City or its
designee that would allow for any interuption of such natural
state, with the sole exception of any necessary easements for the
installation, maintenance, repair, and replacement of trails with-
in the planned trail system, underground utilities, telephone or
other such underground servicing improvements as may be necessary
to complete the improvements indicated on the plat and in this
Agreement, and such other uses as may be spec ificaily approved in
writing by the Owners of Lots 1 and 2.
2. Open Space 2 Category: Those parcels designated on
the plat as "Open Space 2" shall be limited in use to the extent
necessary to retain their natural state as a river corridor, with
no uses, improvements, activity or other action allowed which will
cause any interruption or interference with such natural river
corridor state which currently exists; provided, however, that the
City shall be allowed limited clearing and improvement within this
Open Space 2 category sufficient to allow for the installation,
maintenance, repair and replacement of any minimal trails and
trail easements necessary and anticipated to allow for the connec-
tion of the trail system anticipated by the plat and, provided,
further, that there shall be allowed such easements for the
installation, maintenance, repair and replacement of the under-
ground service facilities and systems necessary to cause the com-
pletion of the improvements and developments indicated on the plat
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and in this Agreement, and such other uses as may be specifically
approved in writing by the Owners of Lots 1 and 2.
3. Main Street Right of Way: The "idain Street R.O.W."
indicated on the plat shall be reserved for use as an extension of
Main Street as a transportation corridor, in the event such corri-
dor is actually constructed, along with any necessary lighting,
signage, easements, paving, sidewalk, curb and gutter landscaping,
and all other improvements attendant ro a transportation artery.
Until the Main Street extension is actually constructed, the "Main
Street R.O.W." shall be preserved and its use limited by the pro-
visions of sub-subparagraph 1 and sub-subparagraph 2 hereinabove,
and those portions of such parcel which would have been contained
within the cateyory indicated as Open Space 1 being limited by the
uses anticipated for such category, and that portion which would
have been contained within Open Space 2 being limited by the uses
anticipated for such cateyory.
4. Cemetery Lane k.O.W.: The "Cemetery Lane R.O.W."
(indicated on the plat as Bolden Road) shall be limited in use
solely to improvements in the nature of extending Cemetery Lane
from its intersection with State Highway 82 through and including
its connection with Castle Creek Road, along with any necessary
lighting, signage, easements, paving, sidewalk, curb and gutter
landscaping, and all other improvements attendant to a transporta-
tion artery to allow for the roadway extension's compliance with
necessary state, county and municipal codes, as well as compliance
with the provisions of the plat and this Agreement. Until such
tune as the Cemetery Lane extension is constructed, the land con-
tained within the "Cemetery Lane R.O.W." parcel shall be limited
in use to those uses indicated under the Open Space 1 cateyory
hereinabove defined with the exception of the interim roadway
improvements for Holden Road indicated on the plat.
5. Lot 3 Use Limitations: Lot 3 shall be dedicated to
the City for its use, subject to a leasing right by the current
occupant of the same, Neil Beck. For purposes of this Agreement,
such leasing right in Neil Beck shall and hereby does require the
City to grant to Neil Beck a right of first refusal to lease the
property from the City for purposes previously and currenT.ly util-
ized by Neil Beck, in the event the City pursues a leasing or
rental of the property to outside users for other than City pur-
poses. The terms and conditions of such lease shall be no less
favorable than that offered by the City at the time of such leas-
ing/rental. The City further recognizes Neil Beck's current pos-
session of the property. and shall allow Mr. Beck's continued pos-
session of the same pursuant to mutually agreeable terms and con-
ditions. In the event the City desires to take the land out of
the lease/rental marketplace and utilize the same for City pur-
poses, Mr. Beck shall be entitled to ninety (90) days' prior writ-
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ten notice of such election by the City in which to vacate the
premises.
6. Lots 1 and 2: With respect to the parcels desig-
nated on the plat as Lots 1 and 2, respectively, the uses thereon
shall be limited to those uses allowed under the particular zone
category as applicable, the plat, and this Agreement.
7. Default/Remedies: In the event the City, following
the dedication and reservations indicated on the plat and this
Agreement, shall as a result of matters within its control breach
any of the above-referenced use limitations as to any specific
parcel, the Owner or the Owner's successors or assigns, shall have
the right upon thirty (30) days' notice to the City providing the
City with an opportunity to remedy the same within such period, to
cause an abatement of such breach by any legal process allowable,
including injunctive relief. In the event such abatement is un-
practical or impossible and the City does not cure the breach
within thirty (30) days or the tine period set forth in the
notice, whichever is greater, the Owner or its successors or
assigns shall be entitled to reenter the property, and evict the
City or its designee from occupation or possession thereof, and
receive a reconveyance of title to such parcel upon which the
breach of use has occurred along with the water rights previously
conveyed by Owner therewith. In such event, such reconveyance
will be subject t_o the use restrictions set forth in this Agree-
ment, unless the City and the Owner or its successors or assigns
agree otherwise in writing.
C. Management - The management of the properties shall be
as follows:
1. Open Space and Rights of Way: With respect to
those parcels designated on the plat as Open Space 1, Open Space
2, Main Street R.O.W., Cemetery Lane R.O.W. and Lot 3, the manage-
ment and supervision thereof shall be the responsibility and cost
of the City pursuant to the terms of this Agreement.
2. Lot 1: As indicated on the plat, Lot 1 will be
improved by the construction of seventy (70) "employee housing" or
"deed restricted" dwelling units. Although documents may be filed
against Lot 1 submitting said parcel to either the provisions of
the Colorado Condominium Ownership Act or to a cooperative form of
ownership, it is currently anticipated that the units contained
within Lot 1 will be operated initially as "deed restricted" ren-
tal units. Such units may be converted to "deed restricted" "for
sale" ownership units at such time as the market dictates and the
City, in its sole discretion, agrees in writing. During the time
the units are operated as rental units, the condominium associa-
tion and condominium declaration or cooperative housing incorpora-
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tion shall remain under the control and direction of the Owner or
the Owner's successor or assigns. The Owner shall cause the
management of the units pursuant to a professional property
management contract. Such management contract shall provide for
the management of the units consistent with first class property
management policies, including such leases, rules, regulations,
fine systems, parking requirements, and other policies and pro-
cedures which will enhance the livability and quality of such
residential living environments. Such management contract shall
also provide for the proper management and supervision of the
common facilities, including the proper and ongoing maintenance
thereof, and necessary budgets and reserves shall be allocated to
provide for proper deferred maintenance and reserves for replace-
ments as necessary to maintain a quality living environment. In
the event the units are converted to "for sale" ownership status,
as approved by the City, the properly formed and activated condo-
miniwn association or cooperative association will assume manage-
ment responsibility.
3. Lot l: Lot 2 shall be improved by the construction of
thirty (30) "free market" dwelling units, which "free market"
development has been approved by the City for condominiumization
and shall be governed by the provisions of the Colorado Condo-
minium Ownership Act and the applicable provisions of the Aspen
Municipal Code. Pursuant thereto, a condominiun association will
be formed by the filing of the necessary articles of incorpora-
tion, and the establishment of bylaws, condominium declarations,
association budget and association rules and regulations suffi-
cient to meet the provisions of the Colorado statutes and Y.he
Aspen Municipal Code applicable thereto, and to cause the adequate
management and maintenance of all common facilities included
within Lot 2 in the ;nanner to reflect a first-class residential
living community.
ll. Maintenance - With respect to the maintenance of the
various parcels indicated on the plat, the following shall apply:
1. Permanent Care and Maintenance of Open Spaces 1 and
2: The permanent care and maintenance of those parcels designated
as Open Space 1 and Open Space 2 shall be borne by the City, con-
sistent with the use limitations and management provisions else-
where contained in this Agreement, including the maintenance of
the irrigated meadowlands contained within those parcels desig-
nated as Open Space 1 in a manner consistent with its current
maintenance.
2. Permanent Care and Maintenance of Main Street
R.O.W.: The permanent care and maintenance of the Main Street
R.O.W. shall be borne by the City, consistent with the use limita-
tions and management provisions contained in this Agreement.
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3 Permanent Care and Maintenance of Cemetery Lane
R.U.W.: The permanent care and maintenance of the Cemetery Lane
R.O.W. (designated on the plat as "Holden Road") shall be subject
to the following.
a. Interim Roadway Improvements: Those portions
of the Cemetery Lane R.O.W. to be improved at the cost of the
Owrrer pursuant to the plat and Exhibit "D" (i.e. Hoiden Road),
shall be maintained pursuant to a maintenance sharing agreement
between the management entity for Lot 1 and the management entity
for Lot 2, with the responsibility for implementation of the plan
borne oy the management entity for Lot 2. The maintenance sharing
agreement shall provide for a sharing of the cost between the own-
ership of Lot 1 and the ownership of Lot 2 that reflects 70$ allo-
cation to Lot 1 and 30$ allocation to Lot 2 of such costs or such
other allocation formula that is mutually agreed to between the
respective owners which is reflective of an equitable sharing of
such costs, and the assessments therefor shall be reflected in the
respective condominium declarations or other governing documents
for Lot 1 and Lot 2 as additional assessments subject to appropri-
ate liens as provided by statute. Such maintenance sharing agree-
rnent shall include the repair and replacement of the paving and
other improvements to be constructed by Owner as indicated, snow
removal, landscaping maintenance, and other related costs
expenses and tas:cs connected with the ongoing care and maintenance
of said improved roadway and related facilities.
b. Remainder of Parcel and Permanent Roadway:
The Cemetery Lane R.O.W. not included within the interim roadway
area above-referenced, and the full Cemetery Lane R.O.W. (in the
event of the full extension of the Cemetery Lane Roadway so as to
connect to Castle Creek Road) shall be maintained by the City, at
its own cost, subject to the use limitations and management provi-
sions contained in this Agreement.
4. Lot 1: In fulfilling its responsibilities for the
permanent care and maintenance of all recreational areas, common
parking, common facilities, and private interior streets within
Lot 1, it is the intent of the Owner during the period that units
are operated as a rental development to enter into air agreement
with a property management company. Such agreement shall allow
for sufficient funds and budget categories to provide snow removal
services, building and grounds maintenance, and other maintenance
services normally provided by professional management companies to
allow for the proper care, deferred maintenance, repair and re-
placement of the facilities. During the time that the units are
operated as a rental development there shall be no surcharge on
the tenants, in addition to rental payments, for such care and
maintenance.
12
<,
s
~;0~413 ~;~~994
In the event rhat the units contained within Lot 1
are coverted to "for sale" ownership, as approved by the City in
writing, the permanent care and maintenance thereof shall be pro-
vided pursuant to a plan that requires a condominium or coopera-
tive association to establist[ a budget and pursue maintenance pur-
suant to proper covenants and assess[nent provisions contained
within the condominium declaration or other governing documents
allowing for same. The covenants and provisions shall be con-
tained within the condominium declaration or other governing docu-
ments originally filed against the property at inception, although
not necessary to be incurred until such time as the units are
actually converted to separate ownership. The plan shall include
the appropriate filing of the necessary docmnents pursuant to the
applicable ordinances of the City and state statutes, including
the articles of incorporation and bylaws for the condominium or
cooperative association, and condominium declaration and other
appropriate governing documents, which documents shall meet at
least the following requirements:
a. The condominium or cooperative association must be
established before any of the units contained within Lot 1 are
transferred to separate ownership,
b. Membership in the condominium or cooperative asso-
ciation will be mandatory for each unit or stock owner, pursuant
to the applicable provisions of the Aspen Municipal Code and the
Colorado Condominium Uwnership Act or cooperative housing stat-
utes;
c. Any open space restrictions contained within Lot. 1
must and will be permanent and not for a period of years (subject
to long term ground lease, if any),
d. The condominium or cooperative association shall be
responsible for a blanket liability and hazard insurance policy
with respect to the common areas as well as [naintenance of recrea-
tional and other facilities;
e. The condominium or cooperative association shall
have the power to levy assessments which will become a lien or
stock restriction on individual units or stock certificates for
the purpose of paying the cost of operating and maintaining of
recreational and other facilities;
f. The board of managers for the condominium or co-
operative association shall consist of at least five (5) me[nbers
who shall be owners of units within Lot 1.
5. Lot 2: The permanent care and maintenance of the corn-
rnonly owned facilities, including recreational facilities, parking
and any private streets contained within Lot 2 has been approved
13
~~~~ 413 ~~.~~99'~
by the City for condominiumization and shall be pursuant to a pro-
perty management agreement entered into between the condominium
association and either a professional property management company
or employment contracts with personnel of the condominium associ-
ation. As indicated, Lot 2 has been approved by the City for con-
dominiumization and shall be governed by the applicable provisions
of the Aspen Municipal Code and the Colorado Condominium Ownership
Act including the filing of a condominium declaration and condo-
minium map, as appropriate, along with the filing of articles of
incorporation for the condominium association, bylaws for the con-
dominium association, establishment of a condominium association
budget for maintenance and operations, and the initiation of rules
and regulations with respect thereto. The documents to be pro-
vided with such condominium establishment shall meet at least the
following requirements.
a. The condominium associations will be estab-
lished before any of the individual units are sold within Lot 2;
b. Membership in the condominium association will
be mandatory for each unit owner,
c.
space restrictiorr
period of years;
a.
Bible for blanket
elements, as well
under;
Any common facility, common area, or open
will be permanent in nature and not for a
The condominium association will be respon-
liability and hazard insurance upon the common
as the maintenance of all conunon elements there-
e. The condominium association shall have the
power to levy assessments which will become a lien on individual
units for the purpose of paying the cost of operating and main-
taining common elements and facilities;
f. The board of managers of such condominium
association shall consist of at least five (5) members who shall
be owners of units within the condominium development.
VI.
WATER RIGHTS AND AVAILABILITY
Owner warrants that certain water rights accrue to the pro-
perty which is the subject of the plat, which rights have been
adjudicated and are titled in the owner. The Owner hereby dedi-
cates to the City the necessary water rights attendant and accru-
ing to those properties dedicated to the City for the purpose of
irrigating and maintaining those parcels dedicated to the City
which are calculaT.ed to be .5 c.f.s.
14
~:run~~.3 ~,.::~~i#
VII.
SEWER AVAILABILITY
Sewer lines shall be installed consistent with the utility
sheets, the utility relocation sheets and the drainage sheets
appended to the plat, and tine costs of such installation shall be
those estimated amounts set forth on Exhibit "D" attached hereto.
`Phe City agrees, upon approval of this Agreement and the plat by
the Metropolitan Sanitation District that sewer services are fully
available for the development anticipated on the plat, and that
ttie estimated cost for sewer taps and related fees connected with
the installation and hook-up of such sewer services are estimated
to be the s wn of $86,453.00 as further referenced in that letter
from the Sanitation District annexed hereto and made a part hereof
as Exhibit "H". The availability of such sewer services shall be
provided by the Sanitation District in a manner that conforms to
the estimated construction and development schedule as set forth
on Exhibit "C" annexed hereto.
VIII.
EMPLOYEE DEVELOPMENT - TITLE
The land contained within Lot 1 has been approved by the City
for development of seventy (70) "employee housing" or "deed
restricted" dwelling units subject to the rental/sale price guide-
lines established by the City as referenced in Article IX of this
Agreement. As a cooperative effort on the part of the City to
assist the Owner in organizing and issuing such industrial devel-
opment bonds as the Owner deems necessary or appropriate to facil-
itate financing of the improvements contained within Lot 1 for
purposes of sale or rental of the individual units the City
agrees that it will accept title to the property designated on the
plat as Lot 1 upon conveyance by the Owner and lease back the same
in accordance with the lease-back provisions set forth herein-
after, provided that the City shall incur no liability with
respect to such industrial development bond program nor shall
incur any direct or indirect liability for tY~e maintenance or
other costs relaT.ed to said parcel.
Additionally, as a cooperative effort, Y.he City will also
accept title to Lot 1 upon conveyance by the Owner and lease-back
the same in accordance with the lease-back provisions set forth
hereinafter for the purpose of deferral of real property taxes to
the extent allowable by law, provided the following conditions are
met:
1. The City will incur no liability with respect to such
industrial development bond program nor shall incur any direct or
indirect liability for the maintenance or other costs related to
said parcel.
15
2. The City will hold title only during such time as the
units are operated as a rental development.
Any deeds to the City shall occur prior to or simultaneously
with the commencement of construction of the improvements upon the
lands contained within Lot 1, and will be accompanied by a simul-
taneous lease-back of the lands from the City to the Owner or its
assigns. The terms and conditions of such lease shall include the
following terms and conditions:
1. The Owner and its succesors or assigns shall be
required to cause the full maintenance and upkeep of the lands and
any improvements constructed thereon by the Owner or its assigns.
2. The Owner and its successors or assigns shall agree
to indemnify the City against any costs and/or liability connected
with the ongoing use and operation of said lands and any improve-
ments thereon.
3. The terms of such lease-back shall be triple net in
nature to further reflect that all costs of the property shall be
borne by the Owner and its succesors or assigns as lessee.
4. The terms of such lease-back shall be as mutually
agreed to between the City and the Owner and its successors or
assigns, but in no event, shall be less than the ay reed to useful
life of the improvements to be constructed upon said land, so long
as the Owner complies with the express conditions above under
which the City will accept title to said lands.
5. The rental consideration to be paid to the City by
the Owner or its successors and assigns shall be in the sum of One
Dollar ($1.00) per year. The terms of the lease-back will allow
r.he construction of the improvements anticipated on the plat for
said parcel, leasehold financing of the improvements to be con-
structed, and the cooperation of the City in the execution of suctr
documents and/or instruments and the doing of such acts as may be
necessary to achieve the purposes of this Agreement in the
improvement of the lands by the development and operation of
"employee housing" or "deed restricted°' dwelling units.
IX.
EMPLOYEE HOUSING - PRICE GUIDELINES
The "employee housing" or "deed restricted" dwelling units to
be constructed within the lands labeled as Lot 1 shall be subject
to a maximum rental rate for such units, upon completion, reflect-
ing no greater than Seventy Cents ($.70) per square foot, or in
the event of the sale of individual units, no greater sales price
than Seventy-six llollars ($76.00) per square foot. In the event
16
.., w
~~~~~ 4i3 ~- ~~~99~
r_hat a unit shall not be completed in a manner to allow for the
issuance of a certificate of occupancy by December 31, 1982,
despite good faith diligence on the part of the Owner or its
assigns in pursuing the construction schedule annexed hereto, then
the rental/price restrictions applicable to said unit shall be
adjusY.ed to reflect the greater of the above-referenced rental/
price figures or the "moderate income" guidelines figures for
rental/sale, as approved for and in effect at the time of issuance
of such certificates of occupancy as such figures are established
by the City of Aspen.
The rental/price guidelines applicable to any unit shall be
subject to an annual adjustment equaling the greater of eight per-
cent (8~) per annum, or the allowable annual ad3ust,nent approved
by the City of Aspen as to such restricted units from year to
year, coiiimenciny witki the first year following the issuance of the
certificate of occupancy for the appropriately restricted unit.
X.
FINANCIAL ASSORANCES
Pursuant to Section 20-16(c) of the Municipal Code and prior
to the issuance of any permits for construction, Owner shall pro-
vide a guarantee for no less than one hundred percent (100) of
the estimated costs, as further set forth and allocated under
Exhibit "D" attached hereto totalling One Million Fifty Thousand
llollars ($1,OSO,OOO.OU) as approved by the City Engineer. The
guaranty to be provided by Owner shall be in the form of cash
escrow with the City or a bank or savings and loan association; or
shall be in the form of an irrevocable sight draft or letter of
commitment from a financially responsible lender; and such guar-
anty shall give the City the unconditional right, upon default by
the Owner, or its successor or assigns, to withdraw funds upon
demand r_o partially or fully complete and/or pay for any improve-
ments or pay any outstanding bills for work done thereon by any
party. As portions of the improvement required are completed, the
City Engineer shall inspect them, and upon approval and accep-
tance, he shall authorize the release of the agreed estimated cost
for that portion of the improvements; provided, however, that ten
percent (10$) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
Engineer. For purposes of clarity, the percentage attributable to
the estimated costs that are applicable to each stage of comple-
tion are as further set forth on Exhibit "E", entitled "Improve-
ment completion Percentage Schedule", which schedule shall be
binding upon the City and Owner with respect to amounts to be
released upon the City Engineer's approval of the respective cony
pletion stage. To the extent portions of such completion stages
as set forth in Exhibit "E" are determinable to be approved sever-
ally by the City Engineer, an equitable allocation of funds to be
,~
~0~413 ~~,~~_9~~
released shall be applied as and when such partial completions
occur.
The Owner, its successors or assigns, hereby agrees to fur-
ther provide unto the City a warranty as to all improvements for a
period of one (1) year froiu and after acceptance by the City of
such improvements.
The Owner shall further guarantee by a maintenance bond or
other suitable means, the repair of any existing improvements
damaged during the course of construction of new improvements
pursuant to the provisions hereof.
It is the express understanding of the parties that the pro-
cedure set forth in Article XIV of this Agreement shall not be
required with respect to the enforcement and implementation of
financial assurances and guarantees to be provided by Owner as set
forth above and required by Section 20-16(c) of the Municipal
Code.
XI.
AllllITIONAL PARKING
In consideration of the City's willingness to accept two ('l)
parking spaces per unit as approved parking allowances within the
free market development to be located on Lot 2, Owner, for itself
and its assigns, hereby specifically agrees to provide additional
parking allowances up to a maximum of one parking space per bed-
room at such time as City shall require same as a result of City's
determination that such additional parking is necessary to meet
the ongoing use attributed to the Lot 2 units. In the event such
additional parking is deemed necessary, provisions for the loca-
tion of same have been made as shown under Schedule "G" entitled
"Additional Parking Schedule". In the event the City determines
that such additional parking, or any portion thereof, is neces-
sitated by the ongoing use of the Lot 2 units, such additional
parking spaces shall be provided within a period of one (1) year
from and after notice of such requirement to the Owner or its
successors or assigns from the City, such notice to include the
City's determination of the need, and proper resolution promul-
gated by the City with respect to such requirement.
XII.
RESTttICTIONS ON SHORT-TERM RENTALS
Owner agrees that all units constructed and contained within
Lot 1, regardless of their form of ownership or use, shall be
restricted with respect to short-term rentals to six (6) month
minimwn leases with no more than two (2) shorter tenancies per
year.
18
.~.
A~~r.414 ~~,~~: 01
XIII.
DEED RESTRICTIONS
The units to be construcred within Lot. 1 shall be subject to
certain "deed restrictions" that are intended to restrict the
rental/sale of said units to fall within the moderate income
pricing guidelines as further referenced herein. The nature,
extent and particulars of such deed restriction language shall be
regiured to be placed against Lot 1, or the respectively resulting
units, prior to the issuance of building permits in a manner that
binds said lands contained within Lot 1 in accordance with the
current requirements of Section 24-11.4(b)(3) of the Municipal
Code.
XIV.
NUN-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER
In the event that the City Council determines that the Owner
or its successors or assigns is not acting in substantial compli-
ance with the terms of this Agreement, the City Council may issue
and serve upon the Owner or its successors or assigns a written
order specifying the alleged non-compliance and requiring the
Owner or its successors or assigns to cease and desist from such
non-compliance and rectify the same within such reasonable time as
the City Council may determine. Within twenty (20) days of the
receipt of such order, the Owner or its successors or assigns may
file with the City Council either a notice advising the City Coun-
cil that it. is in compliance or a written petition requesting a
hearing to determine any one or both of the following matters:
(i) Whether the alleged non-compliance exists or did
exist, or
(ii) Whether a variance, extension of time or amendment
to this Agreement should be granted with respect to any such non-
corz~pliance which is determined to exist.
Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally
established by the City Council for other hearings. If the City
Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
orders as may be appropriate; provided, however, no order termin-
ating any approval granted herein shall be granted without a find-
ing of the City Council that substantial evidence warrants such
action and affording the Owner and its successors or assigns a
reasonable time to remedy such non-compliance. A final determina-
tion of non-compliance which iias not been remedied or for which no
19
~~~~,414 ~~~~~
Q
variance has been granted shall, at the option of the City Coun-
cil, and upon written notice to the Owner or its successors or
assigns, terminate any of the approval contained herein.
In addition to the foregoing, the Owner or its successors or
assigns may, on its own initiative, petition the City Council for
an amendment to this Agreement and the exhibits annexed hereto or
to extend any of the time periods required for performance. With
respect to the Construction Schedule (Exhibit "C") and the
Improvement Responsibility Schedule (Exhibit "D") the Owner has
made various assumptions, including the following:
1. Final approval of the plat and related documenta-
tion prior to July 1, 1981.
2. Negotiation, arrangement and completion of pre-con-
struction activity by Owner or Owner's assigns, including bidding,
contractor selection and contractor mobilization prior to the pro-
~ected starting date of August 1, 1981.
3. Ratification of the estimated construction and
development schedule by the selected contractors.
4. Immediate availability of the required labor forces
and construction materials at all necessary ptrases throughout the
project.
5. tdo interruption in the construction operations
through the 1982/1983 winter months by acts of God or other mat-
ters beyond the control of the Owner or its successors or assigns.
6. Pre-marketing activity with respect to the free
market units at a rate which would justify the construction
schedule indicated, without the necessity of constructing and
completing units on specification.
The City Council shall not unreasonably refuse to extend the
time periods for performance indicated in the construction
schedule (Exhibit "C") or allow reasonable adjustments to the
Improvement Responsibility Schedule (Exhibit "v") if Owner demon-
strates by a preponderance of the evidence that the reasons for
said extension or said adjustments are beyond the control of the
Owner or its successors or assigns, despite good faith efforts on
their part to accomplish the same.
20
^a
r
~~~,,414 P:,~~ 0~
XV.
MISCELLANEOUS
A. The provisions hereof shall be binding upon and inure to
the benefit of the Owner and City and their respective successors
and assigns.
B. This agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Munici-
pal Code of the City of Aspen.
C. If any of the provisions of this Agreement or any para-
graph, sentence, clause, phrase, word, or section or the applica-
tion thereof in any circumstances is invalidated, such invalidity
shall not affect the validity of the remainder of this Agreement,
and the application of any such provision, paragraph, sentence,
clause, phrase, word, or section in any other circumstance shall
not be affected thereby.
D. `Phis P.U.L. and Subdivision Agreement contains the
entire understanding between the parties herein with respect to
the transactions contemplated hereunder and ,nay be altered or
amended from time to time only by written instruments executed by
all parties hereto.
E. Numerical and title headings contained in this contract
are for convenience purposes only, and shall not be deemed deter-
minative of the substance contained herein.
F. Notices to be given to the parties to this Agreement are
considered to be given if personally delivered or if deposited in
the United States Mail to the parties by registered or certified
mail at the addresses indicated below, or such other addresses as
may be substituted upon written notice by the parties or their
successors or assigns:
CITY OF ASPEN:
City Manager
130 South Galena Street
Aspen, Colorado 81611
OWNER or its Successors and Assigns.
Marolt Associates
c/o James M. Mulligan, Esq.
1350 Seventeenth Street, Suite 360
Denver, Colorado 80202
IN WITNESS WHEREOF, the parties hereto have hereunto executed
their hands and seals on the dates and year respectively indi-
cated, in full understanding and agreement to the terms and condi-
tions herein contained.
21
~;ot,414 ~~~~ 04
CITY OF ASPEN,
A Colorado Municipal Corporation
By
Hefhfan Ed el; Mayor
~~Tss~
~~ ~ ~:
t.~ _~ R
~'
-•iCathryn S. och, City Clerk
AI°~fDp~L~. AS TO FORM:
~ ~
Paul J. Taddu e
City Attorney
STATE OF COLORADO
County of Pitkin
ss.
The above and foreyoiny P.U.D. and Subdivision Agreement
between the City of Aspen, Colorado, a Municipal Corporation and
Marolt Associates. a Colorado yene~.al partner hi wa subscribed
and sworn to before me this day of
19k31 by Herman Edel, Mayor, and Kathryn S. Kos , City Cler of
the City of Aspen, a Municipal Corporation.
W17;Nk:SS MY HAND AND OFFICIgA ~/SEj1L.
My cortwssion expires: oJp1V ~~
~,. , ~ ,: c. C?~
'~~~
~= ` ota y ublic
.~k t%;
.~'i-, MAROLT ASSOCIATES,
`~`~.'~'~ A Colorado General Partnership
~.
ra; ~//
Partner
2"L
-,.
~00~ 4.14 ~ air 05
~~~~~~
Par~~7l z
STATE OF CO O DO )
f~~~.~)) ss .
County o )
The above and foreyoiny P.U.D. and Subdivision Agreement
between the City of Aspen, Colorado, a Municipal Corporation and
Marolt Associates, a Colorado ye~ral part •hip was//subscribed
and sworn to bef re me t is .T~- d of ,y ,
19 8 a ~ , d,
" and ~,,,lL/
to s of Marolt Associates, A Co orado neral ri:ge ~.p ,,~
WITNESS MY RAND AND UFFI L SEA ;~.,
My commission expires: p--~~ /L /9~ i ~
t,
~ ~ ~ ~~,
? ~_
Notary Public !~ j„ •,
BUCHANAN, THOMAS ArlD JOHNSON
PROFESSIONAL COf:PORATION
12499 WEST COLFAX AVE., SJITE A
LAKEWOUD, COLORADO 80215
l3
Pa the
EXt{IEiIT A
°~G! 414 r:1: O'J
L=GaL OESCRIPTI0.1
A tract of land situated in Lots 9, 10, 13, S!! 1/4 S!•! 1/4 Sec. 12, T10S,
1?351J, 6tfi P.h1. and Lot 5 and tttf 1/4 tiW 1/4 Sec. 13, TIOS, R35tJ, 6th P.tt.
described as follows:
Beginning at a point, in the center line of Castle Creek (the SW cor.
Lot 2 Adams Subdivision), '
thence.t114°40'E 149.97 ft. to corner =13 Holden Tract,
thence :`!14°35'11 172.00 ft. to corner X14 Holden Tract,
thence 1137°50'41 314:.72 ft. to corner ~1 Holden Tract, being identical
with corner >4 tlorth Teras t4i11 Site t•1S .,-3288,
thence IJ54°45'P1 84.00 ft. to the center line of Castle Creek,
thence 1126°00'41 94.00 ft. along the center line of Castle Creek,
thence tJ78'10'E 294.00 ft. along the centeY line of Castle Creek, -
thence ti20°05'E 115.40 ft. alone the center line of Castle Creek,
to the South Right-of-:•fay line of Colorado fiigh~:ay tlo. 82,
~. ~ thence ii76°03'!1 360.26 ft. along the South Right-of-Slay line of Colo-
rado highway Lo. 82,
thence 63.52 ft. along the arc of a curve to the left (radius of 90.00
,'t. chord bears i177°C3'38"61 63.51 ft. ).,
thence S10°Si':i 90.71 ft., .
thence•S21°d7'ti1282.37 ft.,
thence S25°23'61 715.33 ft. to a point being 1794.GII ft. 541°52'15" E,
fron ih= 1954 3rass Cap marking the ld 1/4 corner of Sec. 12,
thence S18°14'tJ 1107.77 ft. to the PJorth light-of-Way line of Castle ,
Creek Road, .
tt:ence S40°00'E 114.98~ft. along ttre north Right-of-blay line of .
Castle Creek F.oad,
thence S53°34'E 124.G1 ft. along the tlorth Right-of-5fay line of Castle
Creek Road, .
thence IJ81°5G'E 254.45 ft.,
• ~ thence S06°<12' c •308.07 ft. ,
', _r
thence 1190°00'41 9.11 ft..
thence.S33°00'E 61.G5 ft.,
thence 1163°35'E ?.80.15 ft. to line 1-2Short Li, re 11S '~~i610,
~L~t,4i4 ~,,~,; 07
thence t116°00't•I 44.62 ft. along line 1-2 to corner ilo.. 1 Short
Lime MS X4610, •
thence 1114°00'E 236.35 fL. along line 1-4 of Short Lime t•i5s4610,
thence 1190°00'E! 74.04 ft.,
thence i119°12'E 117.35 ft.,
thence 1142°30'W 329.04 ft.,
thence :102°43'11 221.35 ft.,
thence 1116°•14' E 139.78 ft. , .
thence S70°12'E 120.00 ft.,
thence "136°46'E 268.63 ft. to the cost tlortherly corner of property
described in Gook 196 at Page 376, Pitkin County Records,_
thence il60°46'41 190 feet to the center line of Castle Creek,
thence along the center line of Castle Creek the follo~.aing courses:.
1112°33'29"tl 154.72 feet,
thence id43°00'E 30.00 feet,
.
thence 1185°30'E 83.00 feet,
thence 1185°00'E 150.00 feet,
thence S68°00'E 30.00 feet,
thence 577°00'E 110.00 feet,
thence 1;81°19'21"E 40.17 feet to the point~of beginning.
containing 35.25 acres, more or less.
;~
.:
EXHIBIT B
~~=.414 ; ~:~, 08
SITE DATA TABULATION (BY PARCEL)
Total Acreage:
Lot 1
Acreage:
No, oL Units:
S ix e & Type:
Parking:
Parcel Density:
Ground Coverage
35.25 Acres
4.325
70 Employee
34 - 2 bedroom 2 bath @ 845 S.F.
19 - 1 bedroom 1 bath @ 637 S.F.
17 - Studios, 1 bath @ 484 S.F.
104 spaces (1 per bedroom)
16.8 UU/Acre
Units
Building A - 3880 S.F.
B - 6486 S.F.
C - 6986 S.F.
D - 3243 S.F. = 20,095 S.F.
Parking ~ ~'
104 spaces @ 180 S.F. = 19,620 S.F.
Road
90(1 L.F. @ 24' width = 21,600 S.F.
400 L.F. @ 10' width = 4,000 S.F.
TOTAL COVERAGE/LOT 1 65,315 S.F.
Projected itonthly
Rental Fates
Lot 2
Acreage:
No. of Units:
Size G ape:
Amenities:.
Parking:
Parcel Densi~:
Ground Coverage
2 bedroom $591/monti~ (70fi/S.F.j
1 bedroom $446/month
Studio $338/month
6.925
30 Free market
30 - 3 bedroom 4 bath @ 2400 S.E.
The Granary - storage & Clubhouse
ameniL~.es
D:ar:olt Homestead - t4anag ement OLfice
Landscape plaza and pool @ 1500.S.F.
Tennis Court- @ 7200 S.F.
60 Covered (2 per unit)
4.5 DU/Acre
Units
3 bedrooms 35,588 S.F.
Granary 6 Homestead 4,850 S.F.
Pool Plaza 1,500 S.F.
Tennis Court 7,200 S.I'.
Parking 17.,060 S.F.
Road - 1390 I..F.@ 25' wi dth 33,360 S.F.
Paths - 1150 L.F. @ 11,500 S.I'_
TOTAL COVERAGE./LOT 2 106,058 S.L.
I
"~~ EXHIBIT C
V A y+
~5 ~~~ i O~
MAROLT fU1NCH "~
PROPOSED DEVELOPh1ENT AND CONSTRUCTION SCHEDULE
Site Improvements
Employee dousing Units (Lot 1)
Free Market Units (t.ot•2)
Site Vlork Aug. 1, 1981 - Oct. 1, 1 981
Mass Grading, Utilities Relocation,
Construction Access P.oads
Em lo,~ee Housing Units Lot 1 Apr. 15, 1932 - Dec. 31, 1982
Site Utilities Apr. 15, 1982 - July 31, 1932
Building Excavation & Foundations May 1, 1 982 - June 3 0, 1 982
Superstructure & Exterior Closure June 1, 1982 - Oct. 15, 1932
Interior Construction & Finishes Aug. 1, 1982 - Dec. 31, 1.982
finished Site Development Aug. 1, 1982 - Oct. 31, 1982
Roads & Parking Areas,
Intersection Completion, Finish
Grading, Landscaping, V!al{a
Free Market Units (Lot 2) July 1, 1931 - July 31, 1983
Site Utilities May 1, 1582 - July 31, 1 93 `l.
Building Phase 1 (11 Units) June 1, 1932 - Jan. 31, 1.983
Building Excavation & Foundations June 1', 1982 - June 30, 1932
Superstructure & Exterior Closure July 1, 1932 - Sep. 30, 1.932
]nterior Construction & Finishes Oct. 1, 1982 - Jan. 31, 1923
Finished Site Development Aug. 1, 1982 - Oct. 31, 1922
Roads & Parking Areas,
'
,
Finish Gradiny, Landscaping
Building Phase 2 (19 Units) Sep. 1, 1982_ - July 31, 1923
Building Excavation & Foundations Sep. i, 1982 - Sep. 30, ].932
Superstructure-& Exterior Closure Oct. 1, 19II2 - Dec. 31, 198?_
Interior Construction R finishes Jan. 1', 1983 - Apr. 30, 1523
Finished Grading, Landscaping ,May 1; 1983 - July-31, 1983
Roads & Parking Areas,
Finish Grading, Landscaping
,,
~,
EXHIBIT D
MAROLT RANCH
I{-0PROVEt4ENT R[SPONSIBILITY SCHEDULE
Item
Sewer
Existing Manhole
to Manhole h8
ttan{rol es
8" Sewer
Employee Housing Free Market Units
Total Cost Percentage Share R Cost Percentage Share R Cost
$ 9,600.00
34,925.00
Manhole tt8 to
Manhole Nll
Manholes 3,600.00
•8" Sewer 8;900.00
Manhole ~8 to rl2 R
Manhole Ifl2 to ;?17
Manholes 7,200.00
8" Sewer 36,325.00
Sewer Tap 14,250.00
Connections
Sewer Totals $114,800.00
Water
Interconnection
12" D.1.Pipe $ 16,415.00
12" Valve 2,500.00
free liarket Water Service
12" D.I. Pipe 11,221.00
10" D.I. Pipe 42,770.00
8" D.I. Pipe 15,2?_5.00
12" Valve 2,500,00
Fire Hydrants 5,250.00
11" Water Service 2,700.00
3/4" ldater Service 300.00
Employ ee Housing
Water Service
8" D.I. Pipe 14,875.00
8" Valve 500.00
fire Hydrants 5,250.00
2" Water Service 3,000.00
Water Totals $122,506.00
$ 6,720.00 (JON)
24,447.50 (707)
7,200.00 (100ro)
36,325.00 !100%)
2,700.00
$77,392.50
$11 ,490.50 (703;)
1,750.00 (70F)
~O13* ~1 ~ '"~.~r ~~
$ 2,880.00 (30N)
10,477.50 (30%)
3,600.00 (100p)
8,900.00 (IOCA)
11,550.00
$37,407.50
$ 4,92..50 (3C;:)
750.00 (30~)
11,221.00 (1000
42,770.00 (IOG;)
- 15,225.00 (100`,'0
_ ~ 2,500.00 (100")
_ 5,250.00 (1003:)
_ 2,700.00 (100,".,)
_ 300.00 (100%)
14,875.00 (100H
500.00 (100N
5,250.00 (100,
3,000.00 (100"a
$36,865.50
$85,640.50
EXHIGI7 D
MAROLT RANCH ..
• 114PROV[MENT RESPONSIBILITY SCtIEDULE (continued)
Employee Housing
Ltem Total Cost ,Percen~e Share & Cost
~~Lil"~ ?j .r
4i4 ~~ 11
Free Market Units
Percenta9c Share & Cost
Drainage
Employee Housing
Drainage Basins 1,2 ,3 °
12" C.h1.P. $ 3,225.00 $ 3,225.00 (100%) -
3' Standpipe 2,000.00 2,000.00 (100%) -
Concre[e 2,250.00 2,250.00 (100%) -
Excavation & 8,000.00 8,000.00 (100%)
Embankment
Free Market
Drainaye Basins 1,2 ,3
21" C.14.P. 4,320.00 - $ 4,320.00 (100%)
15" C.M.P. 1,320.00 - 1,3?_0.00 (100")
3' Standpipe 5,000.00 - 5,000.00 (100%)
Excavation & 9,600.00 - 9,G00.00 (100%)
Emf~ankment
Tennis Courts 1,500.00 - 1,500.00 (l0U%)
Improvements
Rock Channel 1,500.00 - 1,500.00 (100%)
Check Dams
free Market Units 1,950.00 - 1,950.00 (1U09~)
Cemetery Lane 1,050.00 735.00 (70%) 315.00 (30%)
holden Road 1,800.00 1,800.00 (1009) -
Drainage Totals $43,515.00 $18,010.00 $25,505.00
Irrigation Relocati on
Holden Ditch
50x31..hrch Pipe . $30,750.00 $30,750.00 (100%) -
Channel Excava. 1,050.00 1,050.00 (100%) -
Headwall 1,000.00 1,000.00 (100%) -
tdarolt Ditch
30 mil.hypalon
liner 7,200.00 - $ 7,200.00 (100%)
Red Butte Cemetery •
II" Irrigation gat e 800.00 - 800.00 (100)
Head~•ra11 500.00 - 500.00 (100%)
8" P.V.C. Pipe &
fittinys 4,080.00 - 4,080.00 (lU0%)
Irrigation Totals $45,380.00 $32,800.00 $12,5II0.00
.~
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EXHIBIT D
MAROLT RAHCH ~J9h~~4 ~>'~~~ ~~
IMPf20VEt4ENT RESPONSIBILITY SCHEDULE (continued)
Employee Housing Free Market Units
Item Total Cost Percentage Share & Cost Percentage Slrare & Cost
Roads, Driveways,
Parking Areas &
Bike Paths
Hv;y. 82-Holden Rd.
'
Intersection to
Station 3i 00
Asphalt $15,000.00 $10,500.00 (70") $ 4,500.00 (30".)
Base Course 13,300.00 9,310.00 (70%) 3,990.00 (301)
Excavation &
[mbankment 18,600.00 13,020.00 (70%) 5,580.00 (309')
Traffic Liglrt
Controls 30,000.00 21,000.00 (70%) 9,000.00 (307)
Concrete 1,000.00 700.00 (701) 300.00 (30%)
Painting 1,500.00 1,050.00 (70%) 450.00 (30"}
Traffic Control 3,000.00 2,100,00 (70%) 900.00 (307)
(during construction) ,
Irrigation Ditch
Relocation 990.00 693.00 (70%) ?.97.00 (307)
Drainage Swales 800.00 560.00 (70") 240.00 (30")
_ 18" C.M.P. 5,075.00 3,552.50 (7090) 1,522.50 (307)
" Subtotal $89,265.00 $62,485.50 $26,779.50
Holden Road -
Station 3+00 to
Station 7+66 (Free t4arket
Entrance)
Asphalt $13,200.00 $ 9,240.00 (701) $ 3,960.00 (301)
Base Course 12,040.00 8,428.00 (70) 3,612.00 (30;;)
Excavation &
Embankment 3,000.00 21,000.00 (707) 900.00 (307)
Subtotal $28,240.00 $19,768.00 $ 8,472.00
Holden Road -
Station 7+G6 to
.Station 16+69 (Emp loyee
Housing Entrance)
Asphalt $25,500.00 $25,500.00 (100%) -
Base Course 23,240.00 23,240.00 (100%) -
Excavation &
Embankment 6,000.00 6,000,00 (1007j -
Subtotal $54,740.00' $54,740.00
_.1
EXHIBIT D
MAROLT RANCH
IMPROVEMENT RESPONSIBILITY SCHEDULE (continued)
Item Total Cost
Employee (lousing
Drive & ParY.ing
Station 7+66 to End
Asphalt $42,000.00
Base Course 28,420.00
.Excavation &
Embankment 45,000.00
Subtotal $115,420.00
Free 14arket Drives,
Parking 6 Access Loop
Asphalt $ 35,280.00
Base Course 24,696.00
Excavation &
Embankment 38,000.00
Subtotal $ 97,976.00
Roads Total $385,541.00
Electric
Relocate overhead $ 8,250.00
lines in free
market area
Relocate overhead 2,250.00
lines in employee
area
Underground service 40,000.00
to free market units
Underground service 40,000.00
to employee units
Electric Total $ 90,500.00
Telephone
Relocate existing $ 8,800.00
overhead lines
Telephone Total $ 8,800.00
Natural C,as
2"Steel main $ 8,240.00
3/4" Service con-
nections •2,700.OG
-i Natural Gas Total $ 10,940.00
Employee Housing
Percentage Share & Cost
$42,000.00 (100%)
28,420.00 (100%)
45,000.00 (100%)
$115,420.00
$252,413.50
$ 2,250.00 (100%)
40,000.00 (100%)
$ 42,250.00
$ 4,400.00 (50%)
$ 4,400.00
,. ~Ijr.~14 i':« Uzi
Free Market Units
Percentage Share & Cost
$ 35,280.00 (100%)
24,695.00 (100")
38,000.00 (1000
$ 97,976.00'
$133,227.50
$ 8,250.00 (100%)
40,000.00 (100%)
$ 48,250.00
$ 4,400.00 (50%)
$ 4,400.00
- $ 2,700.00 (100%)
- $ 10,940.00
. EXIIIBIT D {
. •~ -
MAROLT RANCH ~9~.414 -~~.; ~~
IMPROVEMENT RESPONSIBILITY SCHEDULE (continued)
Employee Housing Free Market Units
Item Total Cost Percentage Share & Cost Percentage Sliare & Cost
Landscaping
Fine grading,
trees & plants,
site accessories $275,000.00 $ 75,000.00 $150,000.00
SITE I14PROVEMENTS
TOTALS $1,0~17,OB2.00
SITE IMPROVEI4ENTS
TOTALS (ROUfdDED) $1,050,000.00
$539,131.50
$540,000.00
$507,950.50
$510,000.00
r ~
~ .,
MAROL7• RPulCII
SITE IMPROVEMENT PERCEf"•AGE COt•1PLETIOPI SCHEDULE
.'.~ '
Item
1. Approval of Final Plat
2. Advertise for Bids
3. Anticipated Award of
Site Improvements
Contracts
4. Notice to Proceed
5. Red Butte Cemetery
Pipeline Relocation
Time Period
June 8, 1981
July 6, 19II1
July 24, 1931
Aug. 1, 1981
Aug. 1 -Aug. 10, 1981
6. Construct .Temporary '
tiarolt Ditch Aug. 1 - Aug. 10, 1981
7. Rough Grading, Free
. 1.larket & Employee Aug. 1 - Sep. 30, 1981
8. Holden Road Rough
Grading £. Placement of
24' 4lidth of Base Course Aug. 1 - Aug. 31, 1981
9.. Electric & Telephone
Relocation, Free hlarl:et July 1 - July 31, 1981
10. Remainder of Electric
& Telephone Relocation Aug. 1 - Aug. 31, 19II1
11. Holden Ditch Relocation Sep. 1 - Oc.t. 1, 1981
l2. Installation of Ser•rer &
Water, Free t•1ar-ket May 1 - June 30, 198?_
13. Installation of Se•.aer &
Water, Employee Apr. 15 - I4ay 31, 1982
14. Installation of Remainder
of Sewer & IJater May 15 - July 31, 1982
15. Installation of Underground
Electric, Telephone, TV ,.
Gas Lines, Free f4arket &
Employee June 1 - July 31, 1982
°:J~~-.444 ::~,_ 45
Percentage of Guaranty,
Guaranty Release Date
11%, September 1981
3%, October 1931
31%, August 1982
EXHIBIT F
' ,n-•
~.,.,~ .,,.r
.'r 'tiAi;OLT RANCH 1 ~'
SITE 1h1PROVEh1ENT PERCEtI7AGE COt9PLETION SCHEDULE (continued) ~au~;~~4 ~~`` -8' ,
Item Time Period
1G. Finish Grading &
Drainage Improvements,
Free hia:•ket Phase 1 &
Employee
17. Intersection Work
18. Finish Grading, Base
Course Placement .b Paving,
Free 14arl:et Phase 1 &
Employee
Percentage of Guaranty,
Guaranty Release.' Dati"e
Aug. 1, 1982 - Aug. 31, 1982
Aug. 1, 1982 - Sep. 30, 1982
Aug. 1, 1982 - Sep. 30, 1932
30%, October 1982
19. Landscaping, Free F1arY.et l,q, Plovember 1982
Phase 1 & Employee Oct. 1, 1982 - Oct. 31, 1982
. ~ J
20. Finish Grading, Base
Course Placement & Paving,
Free Ptarket Phase 2 htay 1, 1983 - June 30, 1983
2.1. Landscaping .
free hlarket Phase 2 June 1, 1983 - July 31; 1983
10°:, Fwg!ist 193
_,.
. / , ~~~
~~rn . !~•h~~r~i /n ~r .~~ini(n /ii:n ../fJ rrirr
' 565 NORTH A11LL STREL"T '~
ASPEN. COLORADO Q 1 G 1 1 '~
TELEPHONE 19:52537
May 26, 1981
Carli.e 47ood •
Design Work Siiop
415 S. Spring
Aspen, Co 81.61.1
To 4'},om it Dray Concern:
The estimated tap fee for the Marolt project based on 31 f,eesln~r~,e}units
and 73 employee units plus a slimming pool and amenity buil.din~ y~ ~3•
These are current t2p figures and can be subject to change in the future.
Si.nccrely
~~y ~~'-
}Ieiko Kuhn, t4anager
Aspen Metropolitan Sanit4tior. Dist.x^:ct
^~ E3:1II131T ~r- Additional parkin, Schedule
_.. _.. a~ ~~.4 ,1-- .Z~.
` ••~~ %~~"A;d'ditional-T'~~rking ,~ !~a~ _ ~ -= ~
Iii ~%"::5j ~. «` •/ y,j - _-_j ~'~\ ... _ -- .- c\
111 ~._ ~i ~ j~~ - a ,_ 1 _'-- - , ,'y` ~r`~
1~"/• ~___ ,x;,11 r~ - ~ r''_, ~~~ ~~ /~:~~.~
~ i I rt i~ •~'i(+~~11 I; :~ ~. ,1 ;~. •'~ I.r`J_ .r ~\.~y'/ \ \~ ~ \~ .
/ 'faly' ,' ~ I ••
~` .~ \
11 i I ~ 1 1•r~ 1, ? ?~ ~ .'/"/ y ~ ~.~::=p .~ f v~ i 1'r s. ~ ~
111'1 '`I ,~.. ~ \ /.~~ ~ `' f. / / ~ ~.
1 ~ / ` 1
x;111 :~ L~ ~ ~ ',•,; ~ ~ ` ~ '~
( y ,
1 - ,~i ar 'Y' Y~•-~f"~; i> ~~ .~' ~ ~~~~. I 1 j II fl ..rj ` /;
i j ;
,. __ t ~ a ~
•111 ; •~~_- ~ ----- • \ \.` ~~ • \ ' ( .. //
\I. ~ - .~ P
This plan indicates the areas reserved for additional parY.ing in th..
Free ldarket Cluster, which can be constructed at such time as the Ci.i:y
deems it necessary. The covered parking shovm on the plsln al.lo;vs for
two cars per unit. The appli-cant has asked fora partial exemption
from parking requirements, providing tyro-thirds of the parking required
by Code.
y~;6..i~IrA~
/.NwM1 CJ..rWJ
FREE IhAF?}<ET CI_USTLi=
- - MAROLT RANCH - 1981 -i?b -2 61 AL 940 (Pul.21.Uk 5 CANkle CRAD 4
I , 0 #TPO /3 C '* I Reception #,~ Reco'rded ~t 2:21 PM September 14, 1981 Loretta Banner, P 235563 Recorder sz„.413 D / c · 980 P.U..D. AND SUBDIVISION AGREEMENT FOR THE MAROLT RANCH City of Aspen State of Colorado
Al, f'J Boot :413 u 981 P.U.D. AND SUBDIVISION AGREEMENT FOR THE MAROLT RANCH TABLE OF CONTENTS gag-e Section I. General Development Plan ........ . . L Section II. Construction of I mprovements .........3 Section III. Easements, Rights of Way, and Relocations .. 5 Section IV. Dedications ..... ............ Section V. Open Space and Common Area Management, Maintenance and Use ... .......... 7 Section VI. Water Rights and Availability ........ 14 Section VII. Sewer Availability . ............. 14 Section VIII. Employee Development - Title ......... 14 Section IX. Employee Housing - Price Guidelines ..... 16 Section X. Financial Assurances ............ . 16 Section XI. Additional Parking .............. 17 Section XII. Restrictions on Short-Term Rentals ...... 18 Section XIII. Deed Restrictions ... ........... 18 Section XIV. Non-compliance and Request for Amendments or Extensions by Owner ............. 18 Section XV. Miscellaneous ..... ........... 20 Exhibit A Legal Description Exhibit B Table of Site Data Tabulation Exhibit C Construction and Development Schedule Exhibit D Improvement Responsibility Schedule Exhibit E Improvement Completion Percentage Schedule Exhibit F Letter from Sanitation District Exhibit G Additional Parking Schedule
.. BOOK 413 vic:982 P.U.D. AND SUBDIVISION AGREEMENT FOR THE MAROLT RANCH This P.U.D. and Subdivisi,n Agreement is made and entered into th is ,/227£ day of i- 4071.471&4- , 1981, by ana between THE CITY OF ASPEd·r, COLORADO, a Municipal Corporation, (hereinafter referred to as "City"), and MAROLT ASSOCIATES, a Colorado general partnership (hereinafter referred to as "the Owner"). WITNESSETH: WHEREAS, the Owner has submitted to the City for approval, execution and recordation, the final piat and development plan of a tract of land situate within the City of Aspen, Colorado, legal- ly described on Exhibit "A" attached hereto and incorporated here- in by this reference, and designated as "The Marolt Ranch Subdi- vision" ("The Plat") 1 and WHEREAS, the City has rezoned the real property covered by the plat to R-15A/PUD/SPA; and WHEREAS, the City has fully considered the plat, the proposed development and improvement of the land indicated thereon, and the burdens to be imposed upon other adjoining or neighboring proper- ties by reason of the proposed development and improvement of the land indicated on the plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation the plat upon the condition that the Owner agree to all matters contained in this Agreement, and subJect to all of the applicable requirements, terms and conditions of the City of Aspen PUD and subdivision regulations now in effect and other applicable laws, rules and regulations; and WHEREAS, the City desires to impose certain conditions and requirements in connection with its approval, execution and recordation of the plat, as are necessary to protect, promote, and enhance the public welfare; and WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform all of the conditions and requirements imposed by the City in approving the plat, and WHEREAS, pursuant to Sections 20-16(c) and 24-8.6 of the Municipal Code of the City of Aspen, the Owner is required to pro- vide assurances that it will faithfully perform the conditions and
0 . 11 9 < '1 800,: 413 u 983 requirements hereinafter agreed to prior to the City's acceptance and approval of the final plat, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the mutual covenants herein contained, and the approval, execution and acceptance of the plat for recordation Dy the City, it is mutually agreed as follows: I. GENERAL DEVELOPMENT PLAN The Marolt Ranch development indicated on the plat includes the following elements: A. Lot 1 - Shall constitute the "employee housing" or "deed restricted" development. B. Lot 2 - Shall constitute the "free market development" and shall be owned, improved, marketed and sold by the Owner or Owner's assigns; C. Lot 3 - This parcel, as shown on the plat, shall be dedicated to the City for its use, subject to an existing leasing right uy the current occupant, Neil Beck; D. Lots 4-6 - Shall be restricted for sale by the Owner to the owners of the property adJacent to those respective lots. Any conveyance document shall include restrictions in the nature of covenants running with the land prohibiting any building improve- ments on such lands and shall expressly stipulate that the adja- cent property shall not receive a change or increase in develop- ment rights by virture of the added acreage resulting from such conveyance. Any documents of conveyance shall be submitted to the City Attorney for approval as to form of the herein restriction prior to recordation, E. Open Space 1 - Shall be dedicated to the City as open space in perpetuity, with specific management, maintenance and use guidelinesi Open Space 2 - Constitutes the river corridor and shall be dedicated to the City as open space in perpetuity with specific management, maintenance and use guidelines within the context of maintaining river corridor conservation lands; G. Cemetery Lane R.O.W. - Constitutes a 100' right-of-way, designated on the plat as "Holden Road", to be dedicated to the City for a potential roadway alignment between State Highway No. 82 and Castle Creek Road, H. Main Street R.O.W. - Constitutes a 150' right of way to be dedicated to the City for a future road alignment of a poten- tial Main Street extension, as indicated on the plati 2
.. 1 Il SOOK 413 fic: 984 I. City Parcel - For purposes of reference, the City cur- rently owns a parcel commonly known as the "Thomas Property", located contiguous and immediately to the west of the platted property. It is the understanding of the parties that the "Thomas Property" shall be utilized to accomplish the following general improvements shown on the plat documents. a. Alignment of Cemetery Lane at the intersection of High- way 82, its connection to the Cemetery Lane right-of- way, and private roadway access to Lot 2. b. Extension of the connection of the Main Street right-of- way. The Table of Site Data Tabulations annexed hereto and incor- porated herein by reference as Exhibit "B" provides a more speci- fic allocation of the uses anticipated within the various parcels indicated above. The plat indicates the improvement of the iands by the con- struction of two distinct developments. One shall be deed or covenant restricted in accordance with the provisions of Section 24-11.4(b)(3) of the Municipal Code as those provisions apply to low, moderate and middle income housing, and the other shall be improved as a "free market" development. Although the land beneath the two developments may evolve in separate ownership, Owner expressly acknowledges and agrees that construction and ownership of all improvements for both developments will remain under the auspices of the Owner or Owner's assigns. The "employee housing" or "deed restricted" development shall constitute 70 per- cent of the total number of units approved on the plat, and the free market. development shall constitute 30 percent of the total number of units approved on the plat. In view of the dual nature of the developments, the Owner represents that the cost allocation and proration shall follow the relationship of each development's numoer ot units to the total number of units approved for develop- ment as indicated on the Improvement Responsibility Schedule annexed nereto and made a part hereof as Exhibit "D". II. CONSTRUCTION OF IMPROVEMENTS A. Nature and Estimated Costs of Improvements: - Owner and its assigns shall be responsible for the construction and instal- lation of all improvements contained within the developments as indicated on the plat, in accordance with the requirements of Sec- tion 20-16(a) of the Municipal Code. The nature, extent and esti- mated cost of such improvements shall substantiaily Conform to the schedule entitled Improvement Responsibility Schedule annexed hereto and made a part hereof as Exhibit "D". 3
.. '' '11 EOOK 413 p40:985 B. Construction Schedule: - In accordance with the require- ments of Sections 20-16(c)(1) and 24-8.9(b) of the Municipal Code, the construction of all development shall substantially conform to the "Construction and Development Schedule" annexed hereto and made a part hereof as Exhibit "C" , which schedule includes the dates of the beginning and completion of the improvements, the sequence of construction and phasing, including the phasing of the construction of public improvements, recreational, park and common space areas. Iri connection with the aforesaid "Construction and Develop- went Schedule" (Exhibit "C"), the Owner represents that the con- struction of the ~'free market" development and the "employee hous- ing" or "deed restricted" development will occur in a substan- tiaily simultaneous manner. However, the Owner acknowledges that any approval granted by this agreement is expressly conditioned upon the requirement that a number of employee units reflective of the 70 precent "employee housing" or "deed restricted" to 30 per- cent "free market" mix must be qualified for a permanent certifi- cate of occupancy before a permanent certificate of occupancy may issue for a "free market" unit. Thus, certificates of occupancy will only be issued for the individual "free market" units as they come on board for completion and occupancy if there are a number of "employee housing" or "deed restricted" units simultaneously completed and qualified for permanent occupancy in ratio of the 70/30 percent unit mix contemplated by the Growth Management Quota System exception set forth in Section 24-11.2(i) of the Municipal Code, referenced herein as a condition of approval. Nothing herein shall prevent the Owner or its successors and assigns from construction and completion of the "employee housing" or "deed restricted" units in advance of the "free market" units. As a further express condition to any of the approvals con- tained herein, that Agreement and the terms and conditions thereof entered into by the parties, dated July 3, 1980, and recorded in the Orfice of the Pitkin County Recorder at Book 391, Page 243, are hereby incorporated herein and made a part hereof by refer- ence. C. Landscaping Plan: - In accordance with tne requirements of Section 24-8.16 of the Municipal Code, all landscaping shall substantially contorm to the "Landscaping Plan" consisting of three pages labeled "A" , "B" and "C" annexed to the plat and incorporated herein by reference, which plan shows the extent and location of all plant materials and other landscape features, flower and shrub bed definition, proposed plant material at mature sizes and appropriate relation to scale, species and size of existing plant material, proposed treatment of all ground surfaces (e.g. paving, turf, gravei, etc.), location of water outlets, and a plant material schedule with common and botanical names, sizes, quantities and method of transplant. Prior to the granting of any 4 iMÂ¥
. 0 Booi413 PA f.: 986 permits tor construction ana as an express condition of approval of the plat, the Owner shall provide to the extent not covered by the assuralices required under Article X of: this Agreement a guar- antee for no less than one hundred twenty-five percent (125%) of the current estimated cost of the landscaping improvements as estimated by the City Engineer to insure the installation of all landscaping shown on the Landscaping Plan and the continued main- tenance and replacement of the same for a period of two (2) years after installation. The guarantee shall be in the form specified in Section 20-16(c)(1) of the Aspen Municipal Code, and may be withdrawn by the City as therein specified. As portions of the landscaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements except that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) retained until the improvements have been maintained in a satisfactory con- dition for two (2) years thereafter. It is the express under- standing of the parties that the procedure set forth in Article XIV of this Agreement regaraing non-compliance shall not be required with respect to the enforcement and implementation of the financial assurances set forth herein and required by Section 24- 8.16 of the Municipal Code. III. EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS The plat sets forth the following easements, rights-of-way, and anticipated relocations which will be necessary to cause the improvements: A. Main Street Right-of-Way - As indicated on the plat, the Owner shall and hereby dedicates to the City a 150' right-of-way for the potential extension of Main Street as a transportation artery and those uses set forth in Article V B.3 of this Agree- ment. The exact location and legal description of such right-of- way are as further set forth on the plat. In conJunction with said dedication, the Owner and its successors and assigns hereby specifically waives the right to and agrees not to protest or enJoin the construction and placement of sidewalks and gutters along Main Street in the event the same are contemplated or con- structed. B. Cemetery Lane Extension, Easements and Relocation - The Owner agrees to relocate the intersection of Cemetery Lane with State highway No. 82 to allow for Cemetery Lane's alignment with the right-0£-way indicated on the plat, and hereby dedicates to the City (in conJunction with the City's restriction of the por- tion of such Cemetery Lane alignment as is included within the Thomas Property) a one hundred foot (100') right-of-way for the proposed future extension of Cemetery Lane as indicated on the . 5
. 0 A,n 1, SOOK 41 1 J r.11987 plat. Such Cemetery Lane alignment and extension as provided by both the City and Owner herein shall allow for such easeinents as will satisfy the title insurability and access to the suoject property over and across such realigned and extended Cemetery Lane roadway and right-of-way (designated on the plat as "Holden Road"). In connection herewith, the City shall grant to Owner an easement across a portion of that property commonly known as the "Thomas Property" for access purposes and for the purpose of the installation and maintenance of the Highway 82 intersection with the proposed Holden Road which will be located on the "Thomas Pro- perty", and the installation and maintenance of that portion of a private roadway connecting Holden Road to Lot 2, all as indicated on the unplatted portion of the plat. C. Gas Company Building and Gas Line Easement - The City and Owner hereby agree to an easement for the continued existence and maintenance of the Gas Company building and gas line currently indicated on the Fiat. D. Cross Easements - City and the Owner hereby specifically agree to provide all necessary cross easements indicated on the plat and such other cross easements as may be mutually agreed in writing between the Owner and the City for the purpose of afford- ing necessary access to and from the public hignways to the respective parcels. E. Ditch Reiocations and Ponding - The City hereby approves the relocation and ponding of the water as indicated on the plat. In connection therewith, the Owner and its successors and assigns expressly recognizes the existing rights-of-way for ditches and the right of the City to go onto and maintain the same, as well as the right of the City to direct water into the ditches and pond water for subsequent use on the golf course, principally through temporary detention of the direct flow of water. Following such temporary interruption or maintenance activity, the City shall cause any disturbed property, improvements or landscaping to be returned to its original state prior to such temporary interrup- tion or maintenance activity. F. Utilities and Drainage - The City and Owner agree to the easements for the relocation, installation and maintenance of utilities and the establishment and maintenance of drainage speci- tically set forth on the utility sheets, the utility relocation sheets, and the arainage sheets whicn are appended to the plat. G. Miscellaneous - All easements, rights of way and reloca- tions indicated on tne plat but not specifically referenced here- inabove are nereby established, authorized and approved by the City and agreed to by the Owner. 6
.. 1, 896< 413 ?U 988 H. Reservation of Rights Regarding Easements and Restric- tions on the "Thomas Property" - Notwithstanding anything herein- above to the contrary, any and all easements to be granted to Owner by the City shall be subject to any and ali existing ease- ments and restrictions of record and such easements ana restric- tions indicated in the deed conveying the "Thomas Property" to the City, dated December 19, 1972, recorded in the Office of the Pit- kin County Clerk and Recorder at Book 270 and Page 221. The Owner and its successors and assigns hereby agree to defend, hold harm- less and indemnify the City from any and all suits and claims arising out of Owner's use of the "Thomas Property" as set forth in this Agreement to the extent that such use conflicts with or encroaches upon the rights ot those who are not parties to this Agreement. The City will cooperate with the Owner to the extent of readjusting any easements granted to Owner which conflict with existing easements and restrictions on the "Thomas Property". IV. DEDICATIONS In accordance with Section 20-18 of the Municipal Code, the following dedications and/or exemptions apply: A. Exemption - The "employee housing" or "deed restricted" housing development contained within Lot 1 shall constitute a bona f ide moderate income housing development, and the Owner and the City hereby agree to the exemption of the same from the applica- tion of the Park and Recreation requirements of Section 20-18 of the Municipal Code. B. Park Dedication Fee - The City recognizes that Owner has agreed to dedicate to the City for open space purposes those par- cels designated on the plat as Open Space 1 and Open Space 2. With respect to that land to be used for "free market" development (Lot 2) the City recognizes that the Owner is dedicating a sub- stantial portion of such land for open space and recreational pur- poses. In consideration thereot, tne City Council elects, pursu- ant to Section 20-18 of the Municipal Code, that a cash payment in lieu of land dedication be made by Owner on the basis of approxi- mately twenty-two percent (22%) of the land contained in Lot 2, which cash payment is determined to be One Hundred Twenty-nine Thousand Five Hundred Eighty Dollars ($129,580.00). Owner agrees to pay such park dedication fee via the execu- tion of a promissory note in favor of the City at the time of issuance of a building permit, which note shall bear interest at the rate of twelve percent (12%) per annuin, and shall be due, on a pro rata basis, upon the issuance of a certificate of occupany on each respective free market unit. 7
.. ,1 NOK 413 ni: 989 V. OPEN SPACE AND COMMON AREA MANAGEMENT, MAINTENANCE AND USE A. General - It is the intent of this article to address respective responsibilities, limitations, covenants, and mutual agreements with respect to the management, maintenance and use of the open space, rights of way, and coinmon area parcels indicated on the plat. B. Open Space and Right of Way Use Limitations - With respect to the open space and right of way parcels, the Owner's dedication thereof to the City is expressly conditioned upon and made subject to certain specified use limitations, as follows: i. Open Space 1 Category: Those parcels designated on the plat as "Open Space 1" shall be expressly limited to open space designation that requires said parcels to retain their natural growth and vegetation, with no recreational or other active use allowed which would interfere with or cause damage to the natural growth and vegetation contained thereon. It is the intent of this limitation that no disruption of the natural growth and vegetation contained within said parcels shall be allowed, and that they snail be retained in their natural state, with no im- provements, activity, or other action taken by the City or its designee that would allow for any interuption of such natural state, with the sole exception of any necessary easements for the installation, maintenance, repair, and replacement or trails with- in the planned trail system, underground utilities, telephone or other such underground servicing improvements as may be necessary to complete the improvements indicated on the plat and in this Agreement, and sucn other uses as may De specifically approved in writing by the Owners of Lots 1 and 2. 2. Open Space 2 Category: Those parcels designated on the plat as "Open Space 2" shall be limited in use to the extent necessary to retain their natural state as a river corridor, with no uses, improvements, activity or other action allowed which will cause any interruption or interference with such natural river corridor state which currently exists; provided, however, that the City shall be allowed limited clearing and improvement within this Open Space 2 category sufficient to allow for the installation, maintenance, repair and replacement of any minimal trails and trail easements necessary and anticipated to allow for the connec- tion of the trail system anticipated by the plat and, provided, further, that there shall be allowed such easeinents for the installation, maintenance, repair and replacement of the under- ground service facilities and systems necessary to cause the com- pletion of the improvements and developments indicated on the plat 8
.. ''' so,Of 413 :14990 and in this Agreement, and such other uses as may be specifically approved in writing by the Owners of Lots 1 and 2. 3. Main Street Right of Way: The "Main Street R.O.W." indicated on the plat shall be reserved for use as an extension of Main Street as a transportation corridor, in the event such corri- dor is actually constructed, along with any necessary lighting, signage, easements, paving, sidewalk, curD and gutter landscaping, and all other improvements attendant to a transportation artery. Until the Main Street extension is actually constructed, the "Main Street R. O.W." shall be preserved and its use limited by the pro- visions of sub-subparagraph 1 and sub-subearagraph 2 hereinaoove, and those portions of such parcel which would have been contained within the category indicated as Open Space 1 being limited by the uses anticipated tor such category, and that portion which would have been contained within Open Space 2 being limited by the uses anticipated for such category. 4. Cemetery Lane R.O.W.: The "Cemetery Lane R. O.W." (indicated on the plat as Holden Road) shall be limited in use solely to improvements in the nature of extending Cemetery Lane from its intersection with State Highway 82 through and including its connection with Castle Creek Road, along witn any necessary lighting, signage, easements, paving, sidewalk, curb and gutter landscaping, and all other improvements attendant to a transporta- tion artery to allow for the roadway extension's compliance with necessary state, county and municipal codes, as well as compliance with the provisions of the plat and this Agreei~~ent. Until such tillie as the Cemetery Lane extension is constructed, the land con- tained within the "Cemetery Lane R. O.W." parcel shall be liInited in use to those uses indicated under the Open Space 1 category hereinabove defined with the exception of the interim roadway improvements for Holden Road indicated on the plat. 5. Lot 3 Use Limitations: Lot 3 shall be dedicated to the City for its use, subject to a leasing right by the current occupant of the same, Neil Beck. For purposes of this Agreement, such leasing right in Neil Beck shall and hereby does require the City to grant to Neil Beck a right of first refusal to lease the property from the City for purposes previously and currently util- ized by Neil Beck, in the event the City pursues a leasing or rental of the property to outside users for other than City pur- poses. The terms and conditions of such lease snall be no less favorable than that offered by the City at the time of such leas- ing/rental. The City further recognizes Neil Beck's current pos- session of the property and shall allow Mr. Beck's continued pos- session of the same pursuant to mutually agreeable terms and con- ditions. In the event the City desires to take the land out of the lease/rental marketplace and utilize the same for City pur- poses, Mr. Beck shall be entitled to ninety (90) days' prior writ- 9
.. GQ' soot. 413 na u .j ten notice of such election by the City in which to vacate the premises. 6. Lots 1 and 2: With respect to the parcels desig- nated on the plat as Lots 1 and 2, respectively, the uses thereon shall be limited to those uses allowed under the particular zone category as applicable, the plat, and this Agreement. 7. Default/Remedies; In the event the City, following the dedication and reservations indicated on the plat and this Agreement, shall as a result of matters within ltS control breach any of the above-referenced use limitations as to any specific parcel, the Owner or the Owner's successors or assigns, shall have the right upon thirty (30) days' notice to the City providing the City with an opportunity to remedy the same within such period, to cause an abatement of such breach by any legal process allowable, including injunctive relief. In the event such abatement is im- practical or impossible and the City does not cure the breach within thirty (30) days or the time period set forth in the notice, whichever is greater, the Owner or its successors or assigns shall De entitled to reenter the property, and evict the City or its designee from occupation or possession thereof, and receive a reconveyance of title to such parcel upon which the breach of use has occurred along with the water rights previously conveyed by Owner therewith. In such event, sucn reconveyance will be subJect to the use restrictions set forth in this Agree- ment, unless the City and the Owner or its successors or assigns agree otherwise in writing. C. Management - The management of tne properties shail be as follows: 1. Open Space and Rights of Way: With respect to those parcels designated on the plat as Open Space 1, Open Space 2, Main Street R.O.W., Cemetery Lane R.O.W. and Lot 3, the manage- ment and supervision thereof shall be the responsibility and cost of the City pursuant to the terms of this Agreement. 2. Lot 1: As indicated on the plat, Lot 1 will be improved by the construction of seventy (70) "einployee housing" or "deed restricted" dwelling units. Although documents may be filed against Lot 1 submitting said parcel to either tne provisions of the Colorado Condominium Ownersnip Act or to a cooperative form of ownership, it is currently anticipated that the units contained within Lot 1 will be operated initially as "deed restricted" ren- tai units. Such units may be converted to "deed restricted" "for sale" ownership units at such time as the market dictates and the City, in its sole discretion, agrees in writing. During the time the units are operated as rental units, the condominium associa- tion and condominium declaration or cooperative housing incorpora- 10
.. 900< 413 po992 tion shall remain under the control and direction of the Owner or the Owner's successor or assigns. The Owner shall cause the management of the units pursuant to a professional property management contract. Such management contract shall provide for the management of the units consistent with first class property management policies, including such leases, rules, regulations, fine systems, parking requirements, and other policies and pro- cedures which will enhance the livability and quality of such residential living environments. Such management contract shall also provide for the proper management and supervision of the common facilities, including the proper and ongoing maintenance thereof, and necessary budgets and reserves shall be allocated to provide tor proper deterred maintenance and reserves for replace- ments as necessary to maintain a quality living environment. In the event the units are converted to "for sale" ownership status, as approved by the City, the properly formed and activated condo- minium association or cooperative association will assume manage- went responsibility. 3. Lot 2: Lot 2 shall be improved by the construction of thirty (30) "free market" dwelling units, which "free market" development has been approved by the City for condominiumization and shall De governed by the provisions of the Colorado Condo- minium Ownership Act and the applicable provisions of the Aspen Municipal Code. Pursuant thereto, a condominium association will be formed by the filing of tne necessary articles of incorpora- tion, and the establishment of bylaws, condominium declarations, association budget and association rules and regulations suffi- cient to meet the provisions of the Colorado statutes and the Aspen Municipal Code applicable thereto, and to cause the adequate management and maintenance of all common facilities included within Lot 2 in the manner to reflect a first-class residential living community. D. Maintenance - With respect to the maintenance of the various parcels indicated on the plat, the following shall apply: 1. Permanent Care and Maintenance of Open Spaces 1 and 2. The permanent care and maintenance of those parcels designated as Open Space 1 and Open Space 2 shall be borne by the City, con- sistent with the use limitations and management provisions else- where contained in this Agreement, including the maintenance of the irrigated meadowlands contained within those parcels desig- nated as Open Space 1 in a manner consistent with its current maintenance. 2. Permanent Care and Maintenance of Main Street R.O.W.: The permanent care and maintenance of the Main Street R.O.W. shall be borne by tne City, consistent with the use limita- tions and management provisions contained in this Agreement. 11
.. 1 1 , wric 413 ?Al:993 3 Permanent Care and Maintenance of Cemetery Lane R.O.W.; The permanent care and maintenance of the Cemetery Lane R.O.W. (designated on the plat as "Holden Road") shall be subject. to the following. a. Interim Roadway Improvements: Those portions of the Cemetery Lane R. O.W. to be improved at the cost of the Owner pursuant to the plat and Exhibit "D" (i.e. Holden Road), shall be maintained pursuant to a maintenance sharing agreement between the management entity for Lot 1 and the management entity for Lot 2, with the responsibility for implementation of the plan borne oy the management entity for Lot 2. The maintenance sharing agreement shall provide for a sharing of the cost between the own- ership of Lot 1 and the ownership of Lot 2 that reflects 70% allo- cation to Lot 1 and 30% allocation to Lot 2 of such costs or such other allocation formula that is mutually agreed to between the respective owners which is reflective of an equitable sharing of such costs, and the assessments therefor shall be reflected in the respective condominium declarations or other governing doc uments for Lot i and Lot 2 as additional assessments subject to appropri- ate liens as provided by statute. Such maintenance sharing agree- merit shall include the repair and replacement of the paving and other improvements to be constructed by Owner as indicated, snow removal, landscaping maintenance, and other related costs expenses and tasks connected with the ongoing care and maintenance of said improved roadway and related facilities. b. Remainder of Parcel and Permanent Roadways The Cemetery Lane R.O.W. not included within the interim roadway area above-referenced, and the full Cemetery Lane R. O.W. (in the event of tile full extension of the Cemetery Lane Roadway so as to connect to Castle Creek Road) shall be maintained by the City, at its own cost, subject to the use limitations and management provi- sions contained in this Agreement. 4. Lot 1: In fulfilling its responsibilities for the permanent care and maintenance of all recreational areas, common parking, comInon facilities, and private interior streets within Lot 1, it is the intent of the Owner during the period that units are operated as a rental development to enter into an agreement with a property management company. Such agreement shall allow for sufficient funds and budget categories to provide snow removal services, building and grounds maintenance, and other maintenance services normally provided by professional management companies to allow for the proper care, deferred maintenance, repair and re- placement of the facilities. During the time that the units are operated as a rental development there shall be no surcharge on the tenants, in addition to rental payments, for sucn care and maintenance. 12
. 0 3'jO , .il·L - ' <413 De- 094 In the event that the units contained within Lot 1 are coverted to "for sale" ownership, as approved by the City in writing, the permanent care and maintenance thereof shall be pro- vided pursuant to a plan that requires a condominium or coopera- tive association to estaolish a budget and pursue maintenance pur- suant to proper covenants and assessment provisions contained within the condominium declaration or other governing documents allowing for same. The covenants and provisions shall be con- tained within the condominium declaration or other governing docu- ments originally filed against the property at inception, although not necessary to be incurrea until such time as the units are actually converted to separate ownership. The plan shall include the appropriate filing of the necessary documents pursuant to the applicable ordinances of the City and state statutes, including the articles of incorporation and bylaws for the condominium or cooperative association, and condominium declaration and other appropriate governing documents, which documents shall meet at least the following requirements: a. The condominium or cooperative association must be established before any of the units contained within Lot 1 are transferred to separate ownership, b. Membership in the condominium or cooperative asso- ciation will be mandatory for each unit or stock owner, pursuant to the applicable provisions of the Aspen Municipai Code and the Colorado Condominium Ownership Act or cooperative housing stat- utes; c. Any open space restrictions contained within Lot 1 must and will be permanent and not for a period of years (subject to long term ground lease, if any), d. The condominium or cooderative association shall be responsible for a blanket liability and hazard insurance policy with respect to the COmmon areas as well as inaintenance of recrea- tional and other facilities, e. The condominium or cooperative association shall have the power to levy assessments which will become a lien or stock restriction on individual units or stock certificates for the purpose of paying the cost of operating and maintaining of recreational and other facilities; f. The board of managers for the condominium or co- operative association shall consist of at least five (5) members who shall be owners ot units within Lot 1. 5. Lot 2: The permanent care and maintenance of the com- monly owned facilities, inciuding recreationai facilities, parking and any private streets contained within Lot 2 has been approved 13
.. BOOK 413 pt: 995 by the City for condominiumization and shall be pursuant to a pro- perty management agreement entered into between the condominium association and either a professional property management company or employment contracts with personnel of the condominium associ- ation. As indicated, Lot 2 has been approved by the City for con- dominiumization and shall be governed by the applicable provisions of the Aspen Municipal Code and the Colorado Condominium Ownership Act including the filing of a condominium declaration and condo- minium map, as appropriate, along with the filing of articles of incorporation for the condominium association, bylaws tor the con- dominium association, establishment of a condominium association budget for maintenance and operations, and the initiation of rules and regulations with respect thereto. The documents to be pro- vided with such condominium establishment shall meet at least the following requirements. a. The condominium associations will be estab- lished before any of the individual units are sold within Lot 2; b. Membership in the condominium association will be mandatory for each unit owner, c. Any common facility, common area, or open space restrictions will be permanent in nature and not for a period of years; d. The condominium association will be respon- sible for blanket liability and hazard insurance upon the common elements, as well as the maintenance of all common elements there- under; e. The condominium association shall have the power to levy assessments which will become a lien on individual units for the purpose of paying the cost of operating and main- taining common elements and facilities; t. The board of managers of such condominium association shall consist of at least five (5) members who shall be owners ot units within the condominium development. VI. WATER RIGHTS AND AVAILABILITY Owner warrants that certain water rights accrue to the pro- perty which is the subject of the plat, which rights have been adjudicated and are titled in the owner. The Owner hereby dedi- cates to the City the necessary water rights attendant and accru- ing to those properties dedicated to the City for the purpose of irrigating and maintaining those parcels dedicated to the City which are calculated to be .5 c.f.s. 14
.. 80@h. 413 ru996 VII. SEWER AVAILABILITY Sewer lines shall be installed consistent with the utility sheets, the utility relocation sheets and the drainage sheets appended to the plat, and the costs of such installation shall be those est.heated amounts set forth on Exhibit "D" attached hereto. The City agrees, upon approval of this Agreement and the plat by the Metropolitan Sanitation District that sewer services are fully available tor the development anticipated on the plat, and that the estimated cost for sewer taps and related fees connected with the installation and hook-up of such sewer services are estimated to be the sum of $86,453.00 as further referenced in that letter from the Sanitation District annexed hereto ana made a part hereof as Exhibit "H". The availability of such sewer services shall be provided Dy the Sanitation District in a manner that conforms to the estimated construction and development schedule as set forth on Exhibit "C" annexed hereto. VIII. EMPLOYEE DEVELOPMENT - TITLE The lana contained within Lot 1 has been approved by the City for development of seventy (70) "employee housing" or "deed restricted" dwelling units subject to the rental/sale price guide- lines established by the City as referenced in Article IX of this Agreement. As a cooperative erfort on the part of the City to assist the Owner in organizing and issuing such industrial devel- opment bonds as the Owner deems necessary or appropriate to facil- itate financing of the improvements contained within Lot 1 for purposes of sale or rental of the individual units the City agrees that it will accept title to the property designated on the plat as Lot i upon conveyance by the Owner and lease back the same in accordance with the lease-back provisions set forth herein- after, provided that the City shall incur no liability with respect to such industrial development bond program nor shall incur any direct or indirect liability for the maintenance or other costs related to said parcel. Additionally, as a cooperative effort, the City will also accept title to Lot 1 upon conveyance by the Owner and lease-back the same in accordance with the lease-back provisions set forth hereinafter for the purpose of deferral of real property taxes to the extent allowable by law, provided the following conditions are met ; 1. The City will incur no liability with respect to such industrial development bond program nor shall incur any direct or indirect liability for the maintenance or other costs related to said parcei. 15
.. 200.t .413 RAL£997 2. The City will hold title only during such time as the units are operated as a rental development. Any deeds to the City shall occur prior to or simultaneously with the conunencement of construction of the improvements upon the lands contained within Lot 1, and will be accompanied by a simul- taneous lease-back of the lands from the City to the Owner or its assigns. Tne terms and conditions of such lease shall include the following terms and conditions: 1. The Owner and its succesors or assigns shall be required to cause the full maintenance and upkeep of the lands and any improvements constructed thereon by the Owner or its ass igns. 2. The Owner and its successors or assigns shall agree to indemnify the City against any costs and/or liability connected with the ongoing use and operation of said lands and any improve- ments thereon. 3. The terms of such lease-back shall be triple net in nature to further reflect that all costs of the property shall be borne by tne Owner and its succesors or assigns as lessee. 4. The terms of such lease-back shall be as mutually agreed to between the City and the Owner and its successors or assigns, but in no event, shall be less than the agreed to useful life of the improvements to be constructed upon said land, so long as the Owner complies with the express conditions above under which the City will accept title to said lands. 5. The rental consideration to be paid to the City by the Owner or its successors and assigns shall be in the sum of One Dollar ($1.00) per year. The terms of the lease-bacK will allow the construction of the improvements anticipated on the plat for said parcel, leasehold financing of the improvements to be con- structed, and the cooperation of the City in the execution of such documents and/or instruments and the doing of such acts as may be necessary to achieve the purposes of this Agreement in the improvement of the lands by the development and operation of "employee housing" or "deed restricted" dwelling units. IX. EMPLOYEE HOUSING - PRICE GUIDELINES The "employee housing" or "deed restricted" dwelling units to be constructed within the iands labeled as Lot 1 shall be subject to a maximum rental rate for such units, upon completion, reflect- ing no greater than Seventy Cents ($.70) per square foot, or in the event of the sale of individual units, no greater sales price than Seventy-six Dollars ($76.00) per square foot. In the event 16
.. L ,~ ejoi 413 UE U .1 L' J 0(19 1 4:*I:/. .. that a unit shall not De completed in a manner to allow for the issuance of a certificate of occupancy by December 31, 1982, despite good faith diligence on the part of the Owner or its assigns in pursuing the construction schedule annexed hereto, then the rental/price restrictions applicable to said unit shall be adjusted to reflect the greater of the above-referenced rental/ price figures or the "moderate income" guidelines figures for rental/sale, as approved for and in effect at the time of issuance of such certificates of occupancy as sucn figures are established by the City of Aspen. The rental/price guidelines applicable to any unit shall be subject to an annual adjustment equaling the greater of eight per- cent (815) per annum, or the allowaole annual adjustment approved by the City of Aspen as to such restricted units from year to year, commencing with the first year following the issuance of the certificate of occupancy for the appropriately restricted unit. X. FINANCIAL ASSURANCES Pursuant to Section 20-16(c) of the Municipal Code and prior to the issuance of any permits for construction, Owner shall pro- vide a guarantee for no less than one hundred percent (100%) of the estimated costs, as further set forth and allocated under Exhibit "D" attached hereto totalling One Million Fifty Thousand Dollars ($1,050,000.00) as approved by the City Engineer. The guaranty to be provided uy Owner shall be in the form of cash escrow with the City or a bank or savings and loan association; or shall be in the form of an irrevocable sight draft or letter of commitment from a financially responsible lender; and such guar- anty shall give the City the unconditional right, upon default by the Owner, or its successor or assigns, to withdraw funds upon demand to partially or fully complete and/or pay for any improve- ments or pay any outstanding bills for work done thereon by any party. As portions of the improvement required are completed, the City Engineer shall inspect them, and upon approval and accep- tance, he shall authorize the release of the agreed estimated cost for that portion of the improvements ; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. For purposes of clarity, the percentage attributable to the estimated costs that are applicable to each stage of comple- tion are as further set forth on Exhibit "E", entitled "Improve- ment completion Percentage Schedule", which schedule shall be binding upon the City and Owner with respect to amounts to be released upon the City Engineer's approval of the respective com- pletion stage. To the extent portions of such completion stages as set forth in Exhibit "E" are determinable to be approved sever- ally by the City Engineer, an equitable allocation of funds to be 17
.. BOOf 413 »999 released shall be applied as and when such partial completions occur. Ttie Owner, its successors or assigns, hereby agrees to fur- ther provide unto the City a warranty as to all improvements for a period of one (1) year from and after acceptance by the City of such improvements. The Owner shall further guarantee by a maintenance bond or other suitable means, the repair of any existing improvements damaged during the course of construction of new improvements pursuant to the provisions hereof. It is the express understanding of the parties that the pro- cedure set forth in Article XIV of this Agreement shall not be required with respect to the enforcement and implementation of financial assurances and guarantees to be provided by Owner as set forth above and required Dy Section 20-16(c) of the Municipal Code. XI. ADDITIONAL PARKING In consideration of the City's willingness to accept two (2) parking spaces per unit as approved parking allowances within the £ree market development to be located on Lot 2, Owner, for itself and its assigns, hereby specifically agrees to provide additional parking allowances up to a maximum of one parking space per bed- room at such time as City shall require same as a result of City's determination that such additional parking is necessary to meet the ongoing use attributed to the Lot 2 units. In the event such additional parking is deemed necessary, provisions for the loca- tion of same have been made as shown under Schedule "G" entitled "Additional Parking Schedule". In the event the City determines that such additional parking, or any portion thereof, is neces- sitated by the ongoing use of the Lot 2 units, such additional parking spaces shall be provided within a period of one (1) year from and after notice of such requirement to the Owner or its successors or assigns from the City, such notice to include the City's determination of the need, and proper resolution promul- gated by the City with respect to such requirement. XII. RESTRICTIONS ON SHORT-TERM RENTALS Owner agrees that all units constructed and contained within Lot 2, regardless of their form of ownership or use, shall be restricted with respect to short-term rentals to six (6) month Ininimum leases with no more than two (2) shorter tenancies per year. 18
.. 1 n,· Juuf. 414 en 01 XIII. DEED RESTRICTIONS The units to be constructed within Lot 1 shall be subject to certain "deed restrictions" that are intended to restrict the rental/sale of said units to fall within the moderate income pricing guidelines as further referenced herein. The nature, extent and particuiars of such deed restriction language shall be reqiured to be placed against Lot 1, or the respectively resulting units, prior to the issuance of building permits in a manner that binds said lands contained within Lot 1 in accordance with the current requirements of Section 24-11.4(b)(3) of the Municipal Code. XIV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event that the City Council determines that the Owner or its successors or assigns is not acting in substantial compli- ance with the terms of this Agreement, the City Council may issue and serve upon the Owner or its successors or assigns a written order specifjing the alleged non-compliance and requiring the Owner or its successors or assigns to cease and desist from such non-compliance and rectify the same within such reasonable time as the City Council may determine. Within twenty (20) days of the receipt of such order, the Owner or its successors or assigns may file with the City Council either a notice advising the City Coun- cil that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (i) Whether the alleged non-compliance exists or did exist, or (ii) Whether a variance, extension of time or amendment to this Agreeiaent should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- coinpliance exists which has not been remedied, it may issue such orders as may be appropriate, provided, however, no order termin- ating any approval granted herein shall be granted without a find- ing of the City Council that substantial evidence warrants such action and affording the Owner and its successors or assigns a reasonable time to remedy such non-compliance. A final determina- tion of non-compliance which has not been remedied or for which no 19
.. BobA 414 ea 02 variance has been granted shall, at the option of the City Coun- cil, and upon written notice to the Owner or its successors or assigns, terminate any of the approval contained herein. In addition to the foregoing, the Owner or its successors or assigns way, on its own initiative, petition tne City Council for an amendment to this Agreement and the exhibits annexed hereto or to extend any of the time periods required for performance. With respect to the Construction Schedule (Exhibit "C") and the Improvement Responsibility Schedule (Exhibit "D") the Owner has made various assumptions, including the following: 1. Final approval of the plat and related documenta- tion prior to July 1, 1981. 2. Negotiation, arrangement and completion of pre-con- struction activity by Owner or Owner's assigns, including bidding, contractor selection and contractor mobilization prior to the pro- Jected starting date of August 1, 1981. 3. Ratification of the estimated construction and development schedule by the selected contractors. 4. Immediate availability of the required labor forces and construction materials at all necessary phases throughout the project. 5. No interruption in the construction operations through the 1982/1983 winter months by acts of God or other mat- ters beyond the control of the Owner or its successors or assigns. 6. Pre-marketing activity with respect to the free market units at a rate which would justify the construction schedule indicated, without the necessity of constructing and completing units on specification. The City Council shall not unreasonably refuse to extend the time periods for performance indicated in the construction schedule (Exhibit "C") or allow reasonable adjustments to the Improvement Responsibility Schedule (Exhibit "D") if Owner deinon- strates by a preponderance 0£ the evidence that the reasons for said extension or said adJustments are beyond the control of the Owner or its successors or assigns, despite good faith efforts on their part to accomplish the same. 20
.. 1 , *joi 414 PACE 03 . XV. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This agreement snail be subJect to and construed in accordance with the laws of the State of Colorado and the Munici- pai Code of the City of Aspen. C. If any ott the provisions of this Agreement or any para- graph, sentence, clause, phrase, word, or section or the applica- tion thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This P.U. D. and Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. E. Numerical and title headings contained in this contract are for convenience purposes only, and shall not be deemed deter- minative of the substance contained herein. F. Notices to be given to the parties to this Agreement are considered to be given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN. City Manager 130 South Galena Street Aspen, Colorado 81611 OWNER or its Successors and Assigns. Marolt Associates c/o James M. Mulligan, Esq. 1350 Seventeenth Street, Suite 360 Denver, Colorado 80202 IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respectively indi- cated, in full understanding and agreement to the terms and condi- tions herein contained. 21
.. BOOF, 414 ME CITY OF ASPEN, A Colorado Municipal Corporation By Hetirran Edel; Mayor 9. ¥ ,·4'#rgE'*. ~*'' 1.2 e ''' .A€% I - --/0/ -411 k//Cil/- j Kathryn S /Koch, City Clerk 42,f*69&6 AS TO FORM: /-----3 Paul J. Taddurle City Attorney STATE OF COLORADO ) ) SS. County of Pitkin ) The above and foregoing P.U.D. and Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corporation and Marolt Associates a Colorado general partner,hiE_was subscribed and sworn to before ine this /'0'~*-~day of ,*ie-,a-,602-„c-04.20 ) 1981 by Herman Edel, Mayor, and Kathryn S. Kodll, City ClerI of the City of Aspen, a Municipal Corporation. .i WITNESS MY HAND AND OFFICIAL, SEAL. ' ~0 My commission expires: 3136 173 1MTIL C X ~~~UUUL C. OA440,J Notary yublic J. f MAROLT ASSOCIATES, e.. f - A Colorado General Partnership f.,2' t + Partner - --, 0-,2~9~>tpA*{»~ 22
0 . a. 200< 414 87 05 4-rm_uB- Partli'e€V <14 779£41,0 3235~ Pahnerf ~LUT<--A Airk~uct.0 (SLAA.& - , yC_cuu.-iQi- PS®tner tz«*1» 4-- STATE OF COIJOR#DO ) 04-1 jje 'c,23) SS. County o fL**6**a ) The above and foregoing P.U.D. and Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corporation and Marolt Associates, a Colorado ge£#ral partners,hip,was subscribed and sworn tonbefore me tilis ~A."-' day·~of.-i=sk>;ufl--~,·*-) ' 19 Bj- Dmt 4-022 (,4-4-j ..Ef»,4 ,4. j.~ *'23-31 F A), - 0 -41.,t<-,1 .W laA A -2 1.04 4-.LU andf,·/UP.71¥0,-11411,4,lk J *ftn€ys of Marolt Associates, A Colorado Gefneral ()*artiners'hipLU..,e---,c'~~7 WITNESS MY HAND AND OFFIflAL SEAL. My commission expires: dels /4./7,44 1(/ : 1 } r---3~ 1--¥ic -uu/ Notary Public . BUCHANAN, THOMAS AND JOHNSON PROFESSIONAL CORPORATION 12499 WEST COLFAX AVE., SUITE A LAKEWOOD, COLORADO 80215 23
EXHIBIT A ' 14 A h...- . 9096. qtl' !'7". - ' LEGAL DESCRIPTION A tract of land situated in Lots 9, 10, 13, SW 1/4 St·/ 1/4 Sec. 12, TlOS, R85W, 6th P.M. and Lot 5 and NW 1/4 till 1/4 Sec. 13, TlOS, 235'J, Gth P.tl. defcribed as follows: Beginning at a point, in the center line of Castle Creek (the SW cor. Lot 2 Adams Subdivision), thence .1114°40'E 149.97 ft. to corner #13 Holden Tract, thence ;114°35'17 172.00 ft. to corner #14 Holden Tract, thence :137°504/ 314..72 ft. to corner #1 Holden Tract, being identical with corner #4 North Texas Mill Site t·IS *3288, thence 154°45'W 84.00 ft. to the center line of Castle Creek, thence t:26°0041 94.00 ft. along the center line of Castle Creek, thence N28°10'E 294.00 ft. along the cente'r line of Castle Creek, - thence ri20°OWE 115.40 ft. along the center line of Castle Creek, to the South Pight-of-Way line of Colorado Highway No. 82, thence N75°03'5 360.26 ft. along the South Right-of-Way line of Colo- rado Highway No. 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905.00 ft. chord bears N77°03'38"W 63.51 ft.)., thence 510°51'11 90.71 ft., thence·S21°47'9282.37 ft., thence 525°23'W 715.83 ft. to a point being 1794.68 ft. 541°52'15" E, from the 1954 Brass Cap marking the W 1/4 corner of Sec. 12, thence 518°14'W 1107.77 ft. to the North Right-of-Way line of Castle · Creek Road. thence 540°00'E 114.98 ft. along the North Right-of-Way line of Castle Creek Road, thence S53°34'E 124.61 ft. along the North Right-of--Way line of Castle Creek Road, thence 1!31°56'E 254. 45 ft., chence 506°42'E 308.07 ft., thence ;190'00'11 9.11 ft , thence. S33°00'E 61.65 ft., thence t168°35'E 280.15 ft. to line 1-2Short Lime MS *4610,
. ,'. • L * 5* 414 w 07 thence N16°0041 44.62 ft. along line 1-2 to corner No. 1 Short Lime MS #4610, . thence N74°00'E 236.35 ft. along line 1-4 of Short Lime MS 44610, thence N90°004; 74.04 ft., thence N19°12'E 117.35 ft., thence N42°30'W 329.09 ft., thence :102°43'11 221.35 ft., thence N16°44'E 139.78 ft., thence S70°12'E 120.00 ft., thence N:36°45'E 268.63 ft. to the most Northerly corner of property described in Book 196 at Page 376, Pitkin County Records, thence N60°46'll 190 feet to the center line of Castle Creek, thence along the center line of Castle Creek' the following courses:. N12°33'29"W 154.72 feet, thence N43°00'E 80.00 feet, / I thence ;185°30' E 83.00 feet, thence N85°00'E 150.00 feet, thence S68°00'E 80.00 feet, thence 577°00'E 110.00 feet, thence 1<81°19'21"E 40.17 feet to the point-of beginning. containing 35.25 acres, more or less. ,
. . 0 BOO, 414 REE 08 - EXHIBIT B SITE DATA TABULATION (BY PARCEL) Total Acreage: 35.25 Acres Lot 1 Acreage: 4.325 No. of Units: 70 Employee Size & Type: 34 - 2 bedroom 2 bath @ 84 5 S.F. 19 - 1 bedroom 1 bath @ 637 S.F. 17 - Studios, 1 bath @ 484 S.F. Parking: 104 spaces (1 per bedroom) Parcel Density: 16.8 DU/Acre Ground Coverage: Units BUilding A -,3880 S.F. B - 6486 S.F. C - 6486 S.F. D - 3243 S.F. = 20,095 S.F. Parking 104 spaces @ 180 S.F. = 19,620 S.F. Road 900 L.F. @ 24 ' width = 21,600 S.F. 400 L.F. @ 10' width = 4,000 S.F. TOTAL COVERAGE/LOT 1 6-5,-3-1-5 S.F. Projected Monthly Rental Rates 2 bedroom $591/month (70¢/S.F.) 1 bedroom $446/month Studio $338/month Lot 2 Acreage: 6.925 No. of Units: 30 Free market Size & Type: 30 - 3 bedroom 4 bath @ 2400 S.F. Amenities: The Granary - storage & Clubhouse amenities Marolt Homestead - Management. Office Landscape plaza and pool @ 1500.S.F. Tennis Court @ 7200 S.F. Parking: 60 Covered (2 per unit) Parcel Densitz: 4.5 DU/Acre Ground Coverage: Units 3 bedrooms 35,588 S.F. Granary & Homestead 4,850 S.F. Pool P] aza 1,500 S.F. Tennis Court 7,200 S.F. Parking . 12,060 S.F. Road - 1390 L.F.@ 25' width 33,360 S.F. Paths - 1150 L.F. 0 11,500 S.F. TOTAL COVERAGE/LOT 2 106,058 S.F.
- EXHIBIT C I . 1 . MAROLT RANCH soof 414 pici 09 PROPOSED DEVELOPMENT AND CONSTRUCTION SCHEDULE ~ - I Site Improvements Employee Housing Units (Lot 1) Free Market Units (Lot'2) Site Work Aug. 1, 1981 - Oct. 1, 1981 Mass Grading, Utilities Relocation, Construction Access Roads Enipl oyee Housing Units (Lot 1) Apr. 15, 1982 - Dec. 31, 1982 Site Utilities Apr. 15, 1982 - July 31, 1982 Building Excavdtion & Foundations May 1, 1982 - June 30, 1982 Superstructure & Exterior Closure June 1, 1982 - Oct. 15, 1932 Interior Construction & Finishes Aug. 1, 1982 - Dec. 31, 1982 Finished Site Development Aug. 1, 1982 - Oct. 31, 1982 Roads & Parking Areas, Intersection Completion, Finish Grading, Landscaping, Walks Free Market Units (Lot 2) July 1, 1981 - July 31, 1983 Site Utilities May 1, 1962 - July 31, 1982 Building Phase 1 (11 Units) ·· June 1, 1982 - Jan. 31, 1983 , Building Excavation & Found.ations June 1, 1982 - June 30, 1982 Superstructure & Exterior Closure July 1, 1982 - Sep. 30, 1932 Interior Construction & Finishes Oct. 1, 1982 - Jan. 31, 1983 „ Finished Site Development Aug. 1, 1982 - Oct. 31, 1982 ' Roads & Parking Areas, Finish Grading, Landscaping Building Phase 2 (19 Units) Sep. 1, 1982 - July 31, 1983 Building Excavation & Foundations Sep. 1, 1982 - Sep. 30, 1982 Superstructure & Exterior Closure Oct. 1, 1982 - Dec. 31, 1982 Interior Construction & Finishes Jan. li 1983 - Apr. 30, 1983 Finished Grading, Landscaping May 1, 1983 - July·· 31, 1983 Roads & Parking Areas, Finish Grading, Landscaping -
EXHIBIT D . 200« 414 q 10 MAROLT RANCH ; IMPROVEMENT RESPONSIBILITY SCHEDULE Employee Housing Free Market Units Item Total Cost Percentage Share & Cost Percentage Share & Cost Sewer . Existing Manhole to Manhole #8 Manholes $ 9,600.00 $ 6,720.00 (70%) $ 2,880.00 (30%) 8" Sewer 34,925.00 24,447.50 (70%) 10,477.50 (30%) Manhole #8 to Manhole #11 Manhol es 3,600.00 - 3,600.00 (100%) 08" Sewer 8,900.00 - 8,900.00 (100%) Manhole #8 to #12 & Manhole #12 to #17 Manholes 7,200.00 7,200.00 (100%) - 8" Sewer 36,325.00 36,325.00 (100%) - Sewer Tap 14,250.00 2,700.00 11,550.00 Connections Sewer Totals $114,800.00 $77,392.50 $37,407.50 , Water Interconnection 12" D.I.ripe $ 16,415.00 $11,490.50 (70%) < 4,924.50 (30/) 12" Valve 2,500.00 1,750.00 (70%) 750.00 (30%) Free Market Water Service 12" D.I. Pipe 11,221.00 - 11,221.00 (1000) 10" D.I. Pipe 42,770.00 - 42,770.00 (100%) 8" D.I. Pipe 15,225.00 - 15,225.00 (100%) 12" Valve 2,500.00 - 2,500.00 (100%) Fire Hydrants 5,250.00 - 5,250.00 (100%) 14" Water Service 2,700.00 - 2,700.00 (1005) 3/4" Water Service 300.00 - 300.00 (1001) Employee Housing Water Service 8" D.I. Pipe 14,875.00 14,875.00 (100:) - 8" Valve 500.00 500.00 (100%) - Fire Hydrants 5,250.00 5,250.00 (100%) 2" Water Service 3,000.00 3,000.00 (100%) - Water Totals $122,506.00 $36,865.50 $85,640.50 r-
EXHIBIT D BOOA 414 pir= 11 MAROLT RANCH : IMPROVEMENT RESPONSIBILITY SCHEDULE (continued) Employee Housing Free Market Units Item Total Cost Perpentage Share & Cost Percentage Share & Cost Drainage Employee Housing Drainage Basins 1,2,3 12" C.M.P. $ 3,225.00 $ 3,225.00 (100%) - 3' Standpipe 2,000.00 2,000.00 (100%) - Concrete 2,250.00 2,250.00 (100%) Excavation & 8,000.00 8,000.00 (100%) Embankment Free Market Drainage Basins 1,2,3 21" C.M.P. 4,320.00 $ 4,320.00 (100%) 15" C.M. P. 1,320.00- - 1,320.00 (1005) 3' Standpipe 5,000.00 - 5,000.00 (100%) Excavation & 9,600.00 9,600.00 (100%) Embankment Tennis Courts 1,500.00 - 1,500.00 (100%) Improvements Rock Channel 1,500.00 1,500.00 (100%) u Check Dams Free Market Units 1,950.00 - 1,950.00 (100%) Cemetery Lane 1,050.00 735.00 (70%) 315.00 (30%) Holden Road 1,800.00 1,800.00 (100%) - Drainage Totals $43,515.00 $185010.00 $25,505.00 Irrigation Relocation . Holden Bitch 50*31.-Arch Pipe $30,750.00 $30,750.00 (100%) - Channel Excava. 1,050.00 1,050.00 (100%) - Headwall 1,000.00 1,000.00 (100%) - Marolt Ditch 30 mil.hypalon liner 7,200.00 - $ 7,200.00 (100%) Red Butie Cemetery r 8" Irrigation gate 800.00 - ; 800.00 (100%) Headwall 500.00 - 500.00 (100%) 8" P.V.C. Pipe & Fittings 4,080.00 - 4,080.00 (100%) Irrigation Totals $45,380.00 $32,800.00 $12,580.00 . .. V. -4. -* -.. a
EXHIBIT D 500K 414 pAcE 12 MAROLT RANCH ~ IMPROVEMENT RESPONSIBILITY SCHEDULE (continued) Employee Housing Free Market Units Item Total Cost Percentage Share & Cost Percentage Share & Cost. Roads, Driveways, Parking Areas & Bike Paths Hwy. 82-Holden Rd. Intersection to Station 3+00 Asphalt $15,000,00 $10,500.00 (70%) $ 4,500.00 (30%) Base Course 13,300.00 9,310.00 (70%) 3,990.00 (305) Excavation & . Embankment 18,600.00 13,020.00 (70%) 5,580.00 (30%) 'Traffic Light Co n t ro 1 s 30,000.00 21,000.00 (70%) 9,000.00 (30%) Concrete 1,000.00 700.00 (70%) 300.00 (305) Painting 1,500.00 1,050.00 (70%) 450.00 (30%) Traffic Control 3,000.00 2,100.00 (70%) 900.00 (30%) (during construction) Irrigation Ditch • Relocation 990.00 693.00 (70%) 297.00 (30%) Drainage Swales 800.00 560.00 (70%) 240.00 (30%) 18" C.M. P. 5,075.00 3,552.50 (70%) 1,522.50 (303) Subtotal $89,265.00 $62,485.50 $26,779.50 Holden Road - Station 3+00 to Station 7+66 (Free Market : Entrance) Asphalt $13,200.00 $ 9,240.00 (70%) $ 3,960.00 (30%) Base Course 12,040.00 8,428.00 (/0) 3,612.00 (301) Excavation & Embankment 3,000.00 21,000.00 (70%) 900.00 (30%) Subtotal $28,240.00 $19,768.00 $ 8,472.00 Holden Road - Station 7166 to Station 16+69 (Employee Housing Entrance) Asphalt $25,500.00 $25,500.00 (100%) - Base Course 23,240.00 23,240.00 (100%) - Excavation & Embankment 6,000.00 6,000.00 (100%9 - Subtotal $54,740.00 $54,740.00 L
EXHIBIT D -414 p·i£ 13 209 MAROLT RANCH IMPROVEMENT RESPONSIBILITY SCHEDULE (continued) Employee Housing Free Market Units Item Total Cost Percentage Share & Cost Percentage Share & Cost Employee Housing Drive & Parking Station 7+66 to End .. Asphalt $42,000.00 $42,000.00 (100%) - Base Course 28,420.00 28,420.00 (100%) Excavation & Embanknient 45,000.00 45,000.00 (100%) Subtotal $115,420.00 $115,420.00 Free Market Drives, Parking & Access Loop Asphalt $ 35,280.00 - $ 35,280.00 (100%) Base Course 24,696.00 - · 24,696.00 (100%) Excavation & Embankment 38,000.00 - 38,000.00 (1003) Subtotal $ 97,976.00 $ 97,976.00 Roads Total $385,541.00 $252,413.50 $133,227.50 Electric Relocate overhead $ 8,250.00 - $ 8,250.00 (100%) lines in free market area ~ Relocate overhead 2,250.00 $ 2,250.00 (100%) lines in employee area Underground service 40,000.00 40,000.00 (100%) to free market units Underground service 40,000.00 40,000.00 (100%) - to employee units Electric Total $ 90,500.00 - $ 42,250.00 $ 48,250.00 Telephone Relocate existing $ 8,800.00 $ 4,400.00 (50%) $ 4,400.00 (50%) overhead lines * Telephone Total $ 8,800.00 $ 4,400.00 $ 4,400.00 Natural Gas 2" Steel main $ 8,240.00 $ 8,240.00 (100%) 0 3/4" Service con- nections 2,700.00 $ 2,700.00 (100%) : Natural Gas Total $ 10,940.00 - $ 10,940.00
EX111BIT D h l A SOOK,~1.X T''ill 14 MAROLT RANCH IMPROVEMENT RESPONSIBILITY SCHEDULE (continued) Enipl oyee Housing Free Market Units Item Total Cost Percentage Share & Cost Percentage Share & Cost Landscaping Fine grading, trees & plants, site accessories $225,000.00 $ 75,000.00 $150,000,00 SITE IMPROVEMENTS TOTALS $1,047,082.00 $539,131.50 $507,950.50 SITE IMPROVEMENTS TOTALS (ROUNDED) $1,050,000.00 $540,000.00 $510,000.00 . 4
MAROLT RANCH - SITE IMPROVEMENT PERCE~GE COMPLETION SCHEDULE Q.ii, 414 21:i 15 . . · . Percentage of Guaranty, Item Time Period Guaranty Release Date 1. Approval of Final Plat June 8, 1981 - 2. Advertise for Bids July 6, 1981 3. Anticipated Award of Site Improvements Contracts July 24, 1981 4. Notice to Proceed Aug. 1, 1981 - h 5. Red But.te Cemetery Pipeline Relocation Aug. 1 - Aug. 10, 1981 6. Construct .Temporary Marolt Bitch Aug. 1 - Aug. 10, 1981 7. Rough Grading, Free r Market & Employee Aug. 1 - Sep. 30, 1981 8. Holden Road Rough Grading & Placement of 24' Width of Base Course Aug. 1 - Aug. 31, 1981 9.. Electric & Telephone Relocation, Free Market July 1 - July 31, 1981 10. Remainder of Electric , & Telephone Relocation Aug. 1 - Aug. 31, 1981 ~- 11%, September 1981 11. Holden Bitch Relocation Sep. 1 - Oct. 1, 1981 3%, October 1981 12. Installation of Sewer & h Water, [·*ree Market May 1 - June 30, 1982 13. Installation of Sewer & Water, Employee Apr. 15 - May 31, 1982 14. Installation of Remainder of Sewer & Water May 15 - July 31, 1982 15. Installation of Underground 31%, August 1932 Electric, Telephone, TV,. Gas Lines, Free Market &. Employee June 1 - July 31, 1982 . , ,
. 1 EXHIBIT F , 0 2• I 'MAROLT RANCH < . SITE IMPROVEMENT PERCENTAGE COMPLETION SCHEDULE (continued) 530<414 PACE 16 Percent.age of Guaranty, Item Time Period ~ Guaranty Release- Date 16. Finish Grading & h Drainage Improvements, Free Market Phase 1 & Employee ·Aug. 1, 1982 - Aug. 31, 1982 17. Intbrsection Work Aug. 1, 1982 - Sep. 30, 1982 18. Finish Grading, Base - > 30%, October 1982 Course Placement,& Paving, Free Market Phase 1 & Employee Aug. 1, 1982 - Sep. 30, 1932 19. Landscaping, Free Market Phase 1 & Employee Oct. 1, 1982 - Oct. 31, 1982~ 15%, November 1982 20. Finish Grading, Base h Course Placement & Paving, Free Market Phase 2 May 1, 1983 - June 30, 1983 21. Landscaping Free Market Phase 2 June 1, 1983 - July 31, 1983~ 106 August 1983 -r-,
a ./--- 'h -'-'ll'-/./. . Ey k'41 ~ B „- ir 0 52 414 17 . D•re MA>fic" ' f{€6(.tic.(ita n f#(ind<tric.n yijt,i<·< 565 NORTH MILL STREET ASPEN, COLORADO 81 Gll TELEPHONE , 925 2537 May 26, 1981 Carlie Wood Design Work Shop 415 S. Spring Aspen, Co 81-611 To Whom it May Concern: The estimated tap fee for the Marolt project based on 31 free market units and 73 employee units plus a swimming pool and amenity buil.ding is $86, 453· These are current tap figures and can be subject to change in the future. Sincerely 14«-4 «t- Heiko Kuhn, Manager Aspen Metropolitan Sanitation District $ 1
.. EXHIBIT 6-- Additidnal Parking Schedule \. *:. 320 414 31-19.. 2 -- 0 -4 .- A b'F,:b:.ar-,357--~~Aci~jititi-rim Par ~ -\2 - --3<60·~ f / , 3-,7 »9326:. / 111/ /-- 9.-1 .1-,3.003-- 1-- .. 2.-h... 2 S. \ 0\3 . U 2,9 / f«· 4/h . .., 1-+ - ~52- 1 k. ., \ >J ./ -4:' ' '1 . 6;'fil /' .' I .I ..'; . I 4 1 7: ;>11 11 : r.' f flut.,ld i. 11 1 f \\\\ 1 1 ", , ' / '' .'>iD....44~. : .$-*0 2 2%2-\ , 1 2 265#:FER:, 5\ f 4 1 , \1.- 6-1 /n / < ..73 4..0 1 .% i ,/ .; f 34·41 U.buttx: 43>14933«22 --\\ ./ 1. 22192 6% h. . i 1 . 2/ 'P-k~.' 1 ... F.:.f)\ 4312 -.-5-./..f~\ .-Sh. ~ · - -1-.-1.N.3 .*,""11 1,1 ./ m .93.2017' > f. le..1 . A : .) Lp:494'<Thi<:ix' ~i>~3--7> ) 7 - 093-4- . I. I. I .. 1 9 r 3 :i , 1,fr,it - 4, - , 1 /0/ .// I i .. . / / I'/' '.' -:.4 . 1. ' . - 3*33--. / l. 1 / vY·.·:,, ,~4$:'<~~ . #- #/9, , A .1 - 2 1 ~1~----3 ---- C /A 1 L , . 12, · 4%<L~-41<t·«·-ic-ri~----·.:AV<- .-+4.-~ ..,~:7.L*252·p-«i- ··- . 03/5 ./.5\ f , 'i I . - '' C *r~/ C / p'-·< * , 1 1 2,2 I .: =-2,-1- : :. . 1 1 '. -1 I - \Re 342:32-_921Ii:--4-0 - 4--1 1/' /1./ \ I ~· . I . t > - This plan indicates the areas reserved for additional parking in the Free Market Cluster, which can be constructed at such time as the Ci.ty deems it necessary. The covered parking shown on the p] fill al.1.Ows for two cars per unit. The applicant has asked for a partial exemption from parking requirements, providing two-thirds of the parking reonired by Code. W.(MZ Oil ADDITIONAL PA1 -1,//r\1. , i 11 14/Li Ill 2-(JI Fl-{[ZE 'AARKET CLUSTER 4 !10--·,D z=Eer_.i - . Ali,« 0.•brial
. p 11-k - 4 " i J 4% *i 1/900 02··t- 041 C 30 3 - u_,/2.Cid /~id t.