HomeMy WebLinkAboutordinance.council.020-01 ORDINANCE NO. 20, (SERIES OF 2001 )
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A HISTORIC
LANDMARK DESIGNATION AND A HISTORIC LANDMARK LOT SPLIT
FOR THE PROPERTY LOCATED AT 515 WEST GILLESPIE AVENUE, LOTS
4, 5, AND 6, BLOCK 99, HALLAM ADDITION, ASPEN, COLORADO
Parcel ID: 2735-121-11-007
WHEREAS, the Applicant, Pamela and Neil Beck, represented by Randall Bone,
requested land use approvals for a Historic Landmark Designation and Historic
Landmark Lot Split for the property located at 515 West Gillespie Avenue, Lots 4, 5, and
6, Block 99, Hallam Addition, City and Townsite o£Aspen; and
WHEREAS, the property is currently listed in the City of Aspen's Inventory of
Historical Sites and Structures; and
WHEREAS, this application for a Historic Landmark Designation and a Historic
Landmark Lot Split meets all of the Development Review Standards of Section
26.420.010, Section 26.480.030(A)(2), and Section 26.480.030(A)(4) in order for the
Aspen City Council to grant approval; and
WHEREAS, the Community Development Department determined the
application for a Historic Landmark Designation and Historic Landmark Lot Split meet
the applicable review standards indicated above, and recommended approval with
conditions; and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on June 13, 2001, at which time the
HPC considered and found the application to meet the review standards, recommended
City Council approve the request for Historic Landmark Designation and Historic
Landmark Lot Split with conditions by a vote of three to one (3 to 1 ); and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Planning and Zoning Commission on June 5, 2001, at which time the
Plarming and Zoning Commission considered and found the application to meet the
review standards and recommended City Council approve the request for Historic
Landmark Designation, with conditions, by a unanimous vote of four to zero (4 to 0); and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Plarm/ng and Zoning Commission, the
Historic Preservation Commission, the Community Development Director, and the
applicable referral agencies; and
WHEREAS, the City Council finds that this request for historic landmark
designation and historic landmark lot split meets or exceeds all applicable development
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standards and that the approval of the apphcatton, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and
WHEREAS, the Aspen City Council has taken and considered public commem at a
regular public hearing on July 23, 2001, and continued the hearing for further testimony, and
approved this Ordinance for Historic Landmark Designation and Historic Landmark Lot
Split, with conditions, by a vote of five to zero (5 - 0); and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Historic Landmark Designation and Historic Landmark Lot Split for the property
located at 515 West Gillespie Avenue, Lots 4, 5, and 6, Block 99, Hallam's Addition,
City of Aspen, Colorado is hereby approved with the following conditions:
1. That the Applicant shall submit a Subdivision Plat and Subdivision Exemption
Agreement that shall be reviewed and approved by the Community
Development and Engineering Departments and recorded in the office of the
Pitkin County Clerk and Recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision
exemption agreement within the specified time limit shall render the plat
invalid and reconsideration of the plat by City Council will be required for a
showing of good cause.
2. That the submitted Subdivision Plat shall contain a note stating that the lots
contained therein shall be prohibited from applying for further subdivision and
any development of the lots will comply with the applicable provisions of the
Land Use Code in effect at the time of application.
3. That the submitted Subdivision Plat shall contain a note stating that all new
development on the lots will conform to the dimensional requirements of the
R-6 zone district and residential design standards with the potential exception
for variances to be approved by the HPC.
4. That future development on Lot B shall require compliance with the City of
Aspen's Affordable Housing Guidelines and Land Use Code regarding
mitigation for providing affordable housing.
5. That Lots "A" and "B" are designated historic landmarks and must receive
Historic Preservation Commission approval for all development in accordance
with Section 26.415 of the Municipal Code, as well at Section 26.410, the
"Residential Design Standards."
$ILVlfl PITKIN COUNTY CO R 1~0 ~0 D 0 0e '
6. That the Applicant shall Slg~ a sia~ewalk, curb and gutter construction
agreement and pay the applicable recording fees prior to issuance of a building
permit on either lot.
7. That the City Council herein and pursuant to this Ordinance, grants the
Applicant approval to allocate the FAR to be split between the two newly
created lots (including the 500 sq. ft. bonus) to be 4,093 sq. ft. in total. The
Applicant shall appropriate this FAR in the following manner: Lot "A" as
having 1,753 sq. ft. and Lot "B' as having 2,840 sq. ft. prior to consideration
of potentially applicable lot area reductions (i.e., slopes, access easements,
etc.). Farther, these lot sizes and floor areas shall be indicated on the final
plat that is recorded in the Pitkin County Clerk and Reeorder's Office.
8. That the Applicant shall record a final plat indicating the approvals in this
Ordinance as they have been represented to the City Council. In addition, if
the westerly lot line dispute between the Collins and the owners of the property
known as Lot A of the Beck Lot Split (Lots 4, 5, and 6, Block 99, Hallam
Addition, City and Townsite of Aspen), has not been resolved prior to the
recording of said plat, the applicant shall record a plat showing both lines in
dispute and a note on the plat indicating the two lot lines in question and that
once the dispute is resolved, the applicant shall file a new plat indicating the
resulting resolution.
9. That the Applicant shall be required to enter into a "Ditch Relocation
Agreement" with the City of Aspen and that said agreement be a recorded
document with the Pitkin County Clerk and Recorder's Office. That the City
of Aspen, at it's sole discretion, has the option of moving the ditch off the
property at a future date and would have no obligation to compensate the
landowner(s) in any way. Specifically, the Ditch Relocation Agreement should
reference the plans that are approved and provide for an easement a minimum
of 10 feet in width and said agreement shall specifically state that the
landowners have no water rights in the ditch nor is any license being granted
for use of water from the ditch. This agreement shall also be recorded on the
Subdivision Plat and referenced in the Subdivision Exemption Agreement.
Section 2:
All matmial representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Plann/ng and Zoning Commission, or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional m a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing will be held the 9th day of July 2001 at 5:00 p.m. in the City Council
Chambers, 130 South Galena, Aspen, Colorado.
READ AND ORDERED PUBLISHED as provided by law, by the City
2ity of Aspen on this 25th day of June, 2001.
} .:
~:~ ' Clerk
FINALLY, adopted, passed and approved this 23ra day of July, 2001.
~ . i ~hl~n~./~o~h, City Clerk ~
~ ~. ,A~p~o*~d a'g to form: 457449
'~ ..... ' Pa~e: 4 o¢ 4
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Wo Jtor, City Attorney
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CITY OF ASPEN
DITCH RELOCATION AND EASEMENT AGREEMENT
This Ditch Relocation Agreement is entered into this ] ~ day of~, 2001, by and
between THE CITY OF ASPEN ("City"), a Colorado municipal corporation an6Vhome role city, and
Neil H. Beck and Pamela L. Beck, whose address is 515 West Gillespie, Aspen, CO 81611
("Landowner")
Recitals
WHEREAS, the City owns an interest in the Si Johnson Ditch and the water rights decreed
to it; and
WHEREAS, the Si Johnson Ditch traverses land owned by Landowneh described as follows:
Lots 4, 5 and 6, Block 99 of the Hallams Addition to the City and
Townsite of Aspen, Pitkin County, Colorado
and also known as 515 West Gillespie, Aspen, Colorado 81611, and herein referred to as the
"Subject Property," and
WHEREAS, Landowner owns no interest in the Si Johnson Ditch, or the water rights decreed
to it; and
WHEREAS, Landowner is seeking approval from the City for an historic lot split of the
Subject Property; and
WHEREAS. the City has required Landowner to enter into a ditch relocation agreement prior
to approval of the lot split; and
WHEREAS, Landowner has agreed to enter into a ditch relocation agreement as herein
provided,
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Ditch Relocation. At Landowner's sole expense, Landowner will relocate the portion
of the Si Johnson Ditch crossing the Subject Property to the approximate location shown on Exhibit
A hereto, consistent with design drawings and specifications reviewed and approved by the City
Water Department prior to relocation of the ditch. The final design drawings and specifications shall
be prepared by a registered professional engineer, who shall certify that the design, construction and
operation of the relocated portion of the Si Johnson Ditch will permit water to be carried at the rate
of flow (up to a maximum of 2.0 cfs) and at the times of year that the Si Johnson Ditch has
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historically carried water prior to the relocation.
Landowner hereby guarantees to the City that the design and construction of the relocation
are such that the relocated portion of the ditch will have sufficient capacity and proper grade and
alignmem to permit water to be carried through it at flow rates not to exceed 2.0 cfs, at the same
times of year as the Si Johnson Ditch has historically been permitted to divert.
Landowner shall be solely responsible for design and construction of the relocation and for
any and for all expenses associated with any faulty construction or installation and the correction
thereof. Notwithstanding its review of the preliminary design shown on Exhibit A, and of the final
plans and specifications, the City shall have no liability arising out of or in connection with
construction of the ditch relocation on the Subject Property.
2. Acknowledmnent of Other Owners. Landowner acknowledges that one or more
persons or entities in addition to the City may have ownership interests in the Si Johnson Ditch or
the water rights decreed thereto, that such persons or entities are not parties to this Agreement, and
that the City, in entering into this Agreement, is not acting on behalf of such persons or entities. The
identity and extent of ownership interests held by all such persons is not known to the City.
Landowner is therefore advised to identify and contact such persons, and to verify that the terms and
conditions of this Agreement, and the proposed plans for relocating Si Johnson Ditch across the
Subject Property are acceptable to such persons.
3. Maintenance. The City will continue to perform such maintenance of the Si Johnson
Ditch, including the relocated portion on the Subject Property, as is reasonable and prudent in its
discretion.
4. Future Relocation. Landowner agrees that the City or other owner(s) of the Si
Johnson Ditch may, at their own cost, relocate the ditch to a location that is not on or contiguous to
the Subject Property, and that neither the City nor other owner(s) of the Si Johnson Ditch will have
any liability or obligation of any sort to Landowner as a result of such future relocation. Upon such
relocation, this Agreement shall terminate, and the easement granted on, over and through the
Subject Property for the Si Johnson Ditch shall terminate. The City agrees to execute appropriate
documentation to effect the release of said easement.
5. Raw Water Use. Landowner acknowledges that he owns no interest in the water
rights decreed to the Si Johnson Ditch or carried in the Si Johnson Ditch, and has no right to use the
Si Johnson Ditch for any purpose, or to withdraw water therefrom. Landowner agrees that he will
not pump or otherwise divert or withdraw any water from the Si Johnson Ditch, or use the Si
Johnson Ditch in any manner without the City's prior written agreement. Landowner further
acknowledges that the City Code requires that the City be the sole provider of raw and treated water
within the City limits, and that Landowner may not use raw water from any source other than the
City.
If Landowner wishes to use water from the Si Johnson Ditch for irrigation of the Subject
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Property, he may request a raw water license from the City, and the City may, in its discretion, grant
such a raw water license. The City makes no promises or representations that it will grant such a raw
water license.
6. Indemnification. Landowner shall be solely responsible for, and shall indemnify the
City, its officials, employees and agents, from and against any and all claims, actions, losses,
liabilities, or expenses of whatever sort, including attorney fees, that are incurred by such persons
and entities, arising out of or in connection with the Si Johnson Ditch on the Subject Property,
including but not limited to, claims for personal injury or property damage, claims by other owners
or users of the Si Johnson Ditch, claims resulting from loss or diminishment of quantity or rate of
flow of water in the Si Johnson Ditch, water quality degradations, and the consequences of flooding
or other adverse effects from the relocated ditch, unless such claims, actions, losses, liabilities or
expenses are due to negligent or willful conduct of the City, provided, however, that this
indemnification provision shall not be deemed a waiver, abrogation, or diminishment of any
governmental immunity available to the City.
7. No Liability of Ditch Owners. Neither the City nor other owners of the Si Johnson
Ditch shall have any liability to Landowner or other parties for any damages or injuries which result
from the use and operation of the Si Johnson Ditch on the Subject Property. Landowner assumes
all risk associated with the Landowner's decisions regarding the location of buildings and structures
to be constructed on the Subject Property.
8. Grant of Easement. Landowner will provide a survey of the Si Johnson Ditch on the
Subject Property (showing the ditch relocation) and easement for the City's approval prior to
relocation of the Si Johnson Ditch on the Subject Property. The easement will grant and convey to
the City and the other owners and users of the Si Johnson Ditch a surveyed, perpetual non-exclusive
easement and right of way (the "Easement") extending five feet in width from the center line of the
Si Johnson Ditch on the Subject Property for access by personnel and equipment as needed for the
purposes of exercising their rights as owners and users of the Si Johnson Ditch and the water rights
carried therein. The Easement shall contain a permitted exception for light wells of the residence to
be constructed on the Subject Property, so long as the Easement is no less than seven feet in width
at the location of such light wells, and contains Landowner's agreement to assume all risk of damage
or destruction of such light wells as a result of the use and occupation of the Easement by the City
and other owner(s) of the Si Johnson Ditch, and to assume all risk associated with the location of
buildings and other structures on the Subject Property. This Easement shall run with the land for
the benefit of the owners and users of the Si Johnson Ditch and water rights carried therein, shall
burden the Subject Property, and shall be binding upon and inure to the benefit of the parties to this
Agreement, the other owners and users of the Si Johnson Ditch and the water rights carried therein,
and their respective heirs, successors and assigns.
9. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed as follows:
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TO ~andowuer: DfAVI$ $[LVTR PITKIN COUNTY CO R 30 00 D 0.00
Neil H. Beck
Pamela L. Beck
515 West Gillespie
Aspen, CO 81611
with copy to: Leonard M. Oates, Esq.
533 E. Hopkins Avenue, Third Floor
Aspen, CO 81611
To City:
Water Director
City of Aspen
130 South Galena Street
Aspen, CO 81611
or at such other address as shall be given by notice pursuant to this paragraph. Copies of such
notices shall also be sent in the same manner to the City Attorney, City of Aspen, 130 South Galena
Street, Aspen, Colorado 81611.
10. Force Majeure. No party shall be held liable for a failure to perform or delay in
performance hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar
occurrences outside of the control of that party,provided, however, that to the extent the relocated
Si Johnson Ditch crossing the Subject Property is damaged or destroyed by force majeure,
Landowner shall repair or replace such damaged or destroyed portions, at Landowner's expense,
within a reasonable time, to the condition in which such damaged or destroyed portions existed prior
to the force majeure event. If Landowner is unwilling or unable to commence or complete such
repmrs or replacement within a reasonable time, the City may elect to perform such repairs or
replacement, and shall bill Landowner for all reasonable costs thereof. If any such bill from the City
is not paid within thirty (30) days of the billing date, the unpaid balance shall accrue interest at the
rate of 18% per annum, and the City shall have available to it all rights and remedies at law or
equity, as well as the right to place a lien against the Subject Property.
11. Severabilit¥. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions shall not be affected thereby, and each and every
provision shall be enforceable to the fullest extent permitted by law.
12. Amendment. This Agreement may only be amended in writing by the parties hereto
or their successors in interest.
13. Interpretation. Paragraph headings shall not be used to alter the meaning of this
Agreement.
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Referea~s herein to ~e masculine shall include th~ feminine and aeutral, ~d referents in the
s~l~ shall include plur~, ~d vi~ versa, as approp~ate.
14. Binding Agreemem - Re~rdin~. This A~eement is bind~g upon the parties hereto~
their successors aad assi~s, ~d any s~e of the Subject Prope~y, or ~y portion ~ereof shall be
subject to this A~eemem as provided he~eia. This A~eement sh~l be recorded with the Pitkia
County Clerk ~d Recorder, and shall impose an easement and covenaats ~nning with ~e l~d upon
the Subject Property. Deeds to subsequent owners of the Subject Prope~y sh~l p~ovide noti~ of
this A~eement and the obligations contorted herein.
~5. Govemiag ~w; Veaue; Attoraey Fees. This Agreement and the ~ghts ~d
obligations of ~e p~ies hereunder sh~l be governed by ~d ~nst~ed in ac~rd~ wi~ the laws
o~ the State of Colorado. Venue for ~1 actioas ~isiag under this A~eemem sh~l be Pit~ County,
Colorado. In ~e evem legal remedies must be pursued to resolve ~y dispute or con~ict regarding
the terms o~ ~is Agreement or the rights ~d obligations of the p~ties hereto, ~e prevailing pa~y
sh~l be emiaed to recover costs ~nc~red in pursuing such remedies, including expert wimess fees
~d reasonable attoraey fees.
i6. Authorization of Signatures. The parties ac~owledge ~d represem to each other
that all pro~dures aecess~ to v~idly ~ntra~ and execute th~s A~eement have beea pedo~ed
aad ~at ~e persons si~ing for each p~ty have been duly auto,zed to do so.
17. Counter,s. This A~eemem may be si~ed us~g coume~t signature pages, with
the s~e force and e~ect as d all p~ies si~ed on the s~e si~am~e page.
IN ~ESS ~OF, the parties have exerted this A~eemem ~e date aad year fi~st
above w~itten.
~E CI~ OF ASPEN, COLO~DO
A Munic~p~ Co~oration ~d Home Rule C~ty
Approved as to fo~:
Phil Overeynd~r Dire~o~ ~ ~sp~ C~ty Atto~ey
Pamela L. Beck, Landowner Neil H. Beck, Landomer
STATE OF )
)ss
COUNTY OF )
5
Final 07-27-01
SUBSCR~IBEDAAND SWORN to before me this ~ day of~"'-~200_k by
W)~'~SS~ h~d~nd official seal
08/13/2~01 ~4:27p
SUBDIVISION EXEMPTION AGREEMENT
FOR THE BECK HISTORIC SUBDIVISION EXEMPTION AND HISTORIC
LANDMARK LOT SPLIT
THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made
and entered into this ?'o-~ day of August, 2001 by and between a) PAMELA L. BECK and
NEIL II. BECK (hereinafter collectively "Owners") and, b) TIlE CITY OF ASPEN, A
IIOME RULE MUNICIPAL CORPORATION (hereinafter "City").
WITNESSETH:
WHEREAS, Owners own that certain real property (the "Property") located at 515 West
Gillespie, Aspen, Colorado and more particularly described as Lots 4, 5 and 6, Block 99,
Hallam's Addition to City of Aspen, Pitkin County, State of Colorado; and
WHEREAS, on July 23, 2001, the City Council of the City of Aspen granted approval
for subdivision exemption for a lot split on the Property pursuant to the procedures and standards
set forth in Title 26 of the Aspen Municipal Code with a Subdivision Exemption Plat for an
Historic Landmark Lot Split (hereinafter "Plat"), wherein said Plat indicates two (2) lots, Lot A
and Lot B, Lot A resulting in a 4,639 square foot parcel with a floor area ratio of 1,753 square
feet for Lot A and 4,572 square foot parcel with a floor area ratio of 2,840 square feet for Lot B.
WHEREAS, the approval of the historic landmark lot split was conditioned upon
Owners complying with certain requirements outlined in Ordinance No. 20 (Series of 2001),
including entering into a Subdivision Exemption Agreement for the Property; and
WHEREAS, Owners have submitted to the City for approval, execution and recordation
a final Plat of Beck Historic Subdivision (the "Plat") and the City agrees to approve, execute and
record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to
the matters described herein; and
WHEREAS, the City has imposed conditions and requirements in connection with its'
approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote
and enhance the public health, safety and welfare, and the Owners are prepared to enter into a
Subdivision Exemption Agreement incorporating such conditions and requirements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as
follows:
1. Accentance of Plat. Upon execution of this Agreement by all parties hereto, and
upon approval of the Plat by the Engineering Department and the Community Development
Director, the City agrees to approve and execute the Plat for subdivision exemption for the
historic landmark lot split submitted herewith, which conforms to the requirements of Chapter
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26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this
Agreement shall be recorded (Owners pay all applicable recordation fees) in the Office of the
Pitkin County Clerk and Recorder within 180 days of July 23, 2001 (the day Ordinance No. 20
(Series of 2001) was approved).
2. Ditch Relocation Aereement for Si Johnson Ditch. The Owners and the City of
Aspen have entered into a Ditch Relocation Agreement relative to the Si Johnson Ditch
contemporaneously herewith, the terms and conditions of which are incorporated herein by
reference as if set forth herein. The Ditch Relocation Agreement shall be recorded in the real
property records of Pitkin County, Colorado.
3. Subdivision. No further subdivision of the Property shall be permitted and Lots
A and B will comply with the applicable provisions of the City of Aspen Land Use Code
("Code") in effect at the time of application for development thereof. These restrictions shall be
noted on the Plat.
4. Development Potential. The subdivision exemption lot split results in two (2)
lots, one of 4,639 square feet (Lot A) and another of 4,572 square feet (Lot B). The maximum
combined development potential shall not exceed two (2) principal dwelling units, one on each
lot.
5. Floor Area Ratio. With regard to floor area (FAR), the maximum allowable FAR
floor area that can be developed on Lot A is 1,753 square feet and the maximum allowable FAR
floor area that can be developed on Lot B is 2,840 square feet (which includes a 500 square foot
bonus that has been approved by the Historic Preservation Commission). All of the restrictions
and limitations described in this section (7) shall be noted on the Plat.
6. Future Development. Any future development on or redevelopment of the lots
created through the subdivision exemption lot split as shown on the Plat, shall be required to
mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System
(GMQS), as may be required. Any new development or redevelopment of the Property will
conform to the dimensional requirements of the R-6 zone district unless a variance(s) have been
approved by an entity having the authority to do so. The Property (Lots A and B) is designated
as an historic landmark and must receive Historic Preservation Commission (I-IPC) approval for
all future development (except development limited to the interior of a building(s)) in
accordance with Chapter 26.415 of the Code. All of the restrictions and limitations described in
this paragraph (8) shall be noted on the Plat.
7. Affordable Housing. All future development on Lot B shall require compliance
with the City of Aspen's Affordable Housing guidelines and the Code regarding mitigation for
providing affordable housing.
8. Improvement Districts. Owners agree to a sidewalk, curb and gutter sign
construction agreement and to pay the applicable recording fees prior to issuance of a building
permit on either lot.
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9. Fees and Reimbursements. Owners agree to reimburse the City for their
respective and proportionate share of the cost associated with any improvements which directly
benefit the Property should the City of Aspen elect to construct such improvements without the
formation of a special assessment district. In addition, Owners agree to pay any applicable fees
required by the Code if and when such fees are due.
10. Material Representations. All material representations made by the Owners on
record, whether in public hearings or in documentation presented before City Council, shall be
binding upon the Owners.
11. Enforcement. In the event the City determines that the Owners are not in
substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve
a notice of noncompliance and request that the deficiencies be corrected within a period of forty-
five (45) days. In the event the Owners believe that they are in compliance or that the
noncompliance is insubstantial, the Owners may request a hearing before the City Council to
determine whether the alleged noncompliance exists or where any amendment, variance, or
extension of time to comply should be granted. On request, the City shall conduct a hearing
according to its standard procedures and take such action as it deems appropriate. The City shall
be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any
noncompliance with this Agreement.
12. Notices. Notices to the parties shall be sent in writing by U.S. certified mail,
return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner
received, three (3) days after the date of the mailing of the same.
To the Owners: Pamela Beck & Neil H. Beck
515 West Gillespie St.
Aspen, CO 81611
With a copy to:: Randall A. Bone
735 West Bleeker St.
Aspen, CO 81611
To the City: City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
13. Bindine Effect. The provisions of this Agreement shall run with and constitute
a burden on the land and shall be binding upon and inure to the benefit of the Owners, their
successors and assigns, and to the City and its successors and assigns.
14. Amendment. This Agreement may be altered or amended only by written
instrument executed by all parties hereto, with the same formality as this Agreement was
executed.
Page 3
15. Severabilitv. If any provision of this Agreement is determined to be invalid,
such invalidity shall not affect the remaining provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Exemption Agreement the day and year first written above.
OWNERS:
Pamela L. ,BZ
Nei~ H. Breck t
THE CITY OF ASPEN, COLORADO ATTEST:
a municipal corp/0xa)io~n/~
H~l~ntKalin Kla~rud,NMayor Kathryn~Koch,~it'y Clerk
APPROVED:
John Worcester, City Attorney
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing was acknowledged to before me this '~ day of ¢',%c~.~ _~
2001, by Pamela L. Beck and Nell H. Beck.
Witness
hand
and
my
offi~:~a~e~'.t.~a,? fu ' '~ :' ~ "' '~'~'
My commission expires ko~, [ (-X,~x (~"k.._ ~ ,.rz~}':c~k~ig 1-,4~.,~: ~ ~' ~.~ %'
Notary Public "?~ .~'~ ..... ~.-'~x'~
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STATE OF COLORADO )
COUNTY OF PITKIN ) ~
The foregoing was acknowledge~kt~e~re~me ,'~dayof ~ ,
2001, by Kelen Kalin Klandemd and Ka.t~~ ll[yor and City Clerk, rOpectively, of
the City of Aspen, a Municipal Corporation.?~a~il
Witness my hand and official spal. /
My commission expires 41]* ]t~ .~. ' l*,~i'}~
tary Public
Page: 5 of 5
08/13/2001 04:28P
DRVIS SILVIA PITKIN COUNTY CO R 25.00 D 0,00
c:My Documents\City Applications\Corbin-Burrows SEA
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