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Home My WebLink AboutLand Use Case.1010 Ute Ave.49C86-87+ 1 . 0751 9\ 1 ' ~4,46*,140'Pr -4-0400-1-1 L - 1 I Â¥77,0 turd- t-Â»u.,gh L 31%0411 Â· . \ isÂ·00-gy-rE/-zeze Crn.,/u 0.19 1 A. t rfÂ¥19 - - \\Tz-0 -00- r.2/-Â£Â£ Le "vÂ· - ~'It#'0 -00 -ES / - LE Le ' ~ A ~3.Fr) 0101 - 13Â¤5 EL la 74(76 8 1 TEN TEN UTE SUBDIVISION 4 CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO LINE BEARING DISTANCE \\N 1 N 10Â°57'48"W 30.52 36 582'01'04"E 19.06 2 $750 33'24"E 24.46 37 N31'50'11"E ,57 cb - -CD- 4 3 S 25'27'09"W 11.96 38 NGOâ€¢00'00"E 30.54' / 4 375Â° 33'24"E 10.23 ./ 152 & / t 5 S 48' 30' 00" W 36.48 4/ 9 0 8 N50'39'00'W 16.12 . 61 7 S52â€¢00'00'E 3.go 4 4 M. my I 8 N52Â°00'00'W 7.83 I o ~ 9 S*â€¢00'00'E 8.71 wE.37 / fla 10 S 47'00'00'E 30.00 15 #W st '1925Â£ L 111 it N47'00'00'W 30.00 888â€¢ R 1 (517- Â· 9 12 N90â€¢00'00'W 14.08 4.- 056. 1 *'.,r.--~6,66.-6b=f-1 . 1 /04 .3.63' 1% 13 N22â€¢31Â·12"W 18.67 14 S85049'22"E 28.79 Â¥aft .0----03i'-rf-J~SE-~>Â·~ ti- ~ r / 15 N85â€¢49'22'W 22.00 83.70' 9 H *l l: 9/4/ r 16.54' 0| / Â»,5 U 10 1 18 N 88â€¢ 40'15"E 31.33 . 71 ---*867 6iiÂ·091:k---1 , Â¢ 4 1,4 1-2--car \ .11Â¢ . 17 N45â€¢00'00"E 16.84 18 N 880 58'54'E 36.90 . Â°1 1 1 1. - bl FE '2 i ~j\51[*2, \ 389Â° 59 '56'w , J 2.033 17.09 20 N90Â°00'00'W :% 4 0.. 1 .: 1.-1 . 1 73. 17-R 4 .. 21 N22Â°13'28-W 1. - 6 04 7 / f. it: KC f ---------~- 50 25 0 50 100 150 20.00 23 N22'13'28"W 28.08 01 .':00 , 44/2 ly C> l ~ 'j 590:2?29.E 8 L I I 4 \ \ * tz ). i Z/5 9 6 V. 3 4,0 PA%DO. 11 24 N89'02'36'E 27.19 '~ #\ 11.61// ~~| 25 N89'18'11'W 1.58 /1 0. IZ 28 N33' 39' 45'W 20.00 k QP *S>:opdo U 1 \ --- e <02=40 SCALE IN FEET 27 S58' 20'15"W to.oo ./.3 2 @9 9.2 \â‚¬4/Z) 7 040/ L---1.9 i a': N .637 7> , i<\. 9 41.10' 4 --C - - - -r -=unct- /434 Â·4/ 44 \\ 1 11 .7 28 N58020'15"E w , f 'eye# <-24Â¢ Vo Â¢*i -------------w---*-Laa 1 ~ It 28 N33* 39' 45 Â» W 34.00 Â¢ TPIx * \ 1 *90.00'JO"IP| 30 N50â€¢44'38"W 31.81 1 / -- 1.< 1 ~~424* ~/ 31 N73*58'44'E Ne \ \ // // 32 N75'33'24'W UTE-- -1-ituz-ZZAr .*f~ 3 1 i #2 . ~A L18--1. 33 529' 59' 29" E 1 \ // / // #r \) 1 Lie .01 11 38. 51 -no=-Tr--*-trf#54/ - ...2. 4:. 34 N75'33'24'W 15.32 f :Â« d 10 ---- 671 35 S22â€¢31'12"E to. 00 <f \/ .t\\ 12 9- CURVE DELTA AADIUS TANGENT LENGTH CHORD BEARING CHOAD 'Ze' 7/ .4.. .â‚¬ le'. 1 2-1:2.3= N li 1 4 cttf> 1 ~, 4 4\ 024 3 . \0\ 1 23'02'04" 181.08 32.82 64.76 S87â€¢04'26"E 64.32 . 1-% 4 f 31Â£ \..\ 2 56â€¢10'42' 87.50 46.70 85.79 547Â°28'03"E 82.40 9 .9 4H I . 14,8 Ed .96' 9 3 42Â°51'44' 108.50 42.59 81.17 N68Â°20'00"E 79.29 f b it :4: Â·' WZ /2-' \ 24.\ \,i \\ . I --- -- - 389Â°59'58"w 4 8002'470 108.50 7.63 15.24 N37025' 18"E 15.22 t' Li /7.61%3 1%6 '/9 4Â«2323321:~ 5 33Â°34'250 108.50 32.73 83.58 N 11Â°17'11'E 62.67 4 / 411 0 > 1â€ž 7 E.040 *l 8 11â€¢40 58" 108.50 11.10 22.12 N 16Â°40'42"W 22.09 Il \5 990Â°00'00"F 1 7 7031'290 80.00 3.95 7.88 N36â€¢26'17"E 7.87 .Ar i WE i. T It .1 r:' 212 114> 13 01 8 33*12'28" 85.00 19.38 37.87 N 6Â°34'29"E 37.15 .**9 TABLE OF AREAS st ~78'0~~'.~~", 5:.00 f#Ili ::.03 ~g' ~7 ' E , /44 +. 0/ 2 1 2 . \\ 7. 4. 0.1 11 1 ~~ U.12 11 28â€¢37'04" 72.82 18.57 38.37 983Â°37'43"E 36.00 01. / 44, %!44.0 4 --fâ€¢:6 6 1-â„¢ 2 /92 0 \ \\ #L.: 01'< 1 44\ 4 /0 2 M I.-Ii- 27 1 r. .4 :>,it. 1 ; 12 12'21'47" 385.00 41.70 83.07 NBOÂ°09'38"E 82.91 i I 3 \\ \\ 4 13 19'54'15' 208.08 36.16 71.59 N85Â°30'31"W 71.23 1 1 3 >0 1 0 il // 4Â·,2 :; i i ~ f t. ~ p ~C~<1-LagÂ¢Â·%Â·w~ 14 44'04'58 65.00 26.32 50.01 S52'01'58"E 48.79 964< r;' 7/ .\\ 11 1 1 9\ 0-9 - Lot Lot Area Improvement Envelope 15 24.29.130 132.50 28.75 56.53 N63Â°18'47"W 56.20 .2 /9 /k >92 e>*Â·c Â·- N Â·29 1 1 1 9 3, h â‚¬g f.. , b \: 16 41'41'14' 70.00 26.65 50.93 364Â°00'45"E 49.81 ; t} S90Â° 00 '00"E I 40. P.7- - \90. 17 147'53'18' 48.50 168.52 125.18 951Â°25'28"W 93.22 , 11 1 i Ito 51.94' ~ //9 3\\ .\\ 14 ------- No. (Square Feet) Square Feet 18 26'44'44 45.70 10.86 21.33 943'21'52"E 21.14 1 4% IMPROVEMENT <CE- / \ /. // H iÂ° 14 6 /3/ TYPICAL ,9 \ a 'gl ENVELOPE ~~9 \\ 1 / ,/4 / 1 1 1 1 30,073 8,264 e / 1 Â·.43 '39 ~ 0 2 24,307 8,098 49 1, ./.fÂ« 29: 01 14 29 . 0 'Â« \00. i -51 // 40 3 15,188 8,037 39.Ad' i \\\ N90Â·00'00"W 1 'de.1 .-------- e / - 664) A .//5/2 /41 l!\\0:94\ /44Â£___t. 4 14,806 7,887 \ \ --ho-7 --- -20/-/ // fil \ 9909 00'004 1 2 5 # 5 20,650 7,542 ~110 4445--1 31 r- . 001.1 Ir 40 .1 6 28,599 7,274 IC. 16 5(5 $ 6.m Â¢242 :01 e / r. ... 1 Irl #.44 18: 9'l 1.1&' 9| 7 15,102 6,762 01 1 Iz 01 JSA# 16. 1 1 toi. 8 20,733 5,755 46 59.74' 107.03' | 41 -3.92 29 12â‚¬21_ _, 1 1 N9uÂ°00'00"W ' 9 10,058 {'? 3,406 0/ 1 lin L K : 10,320 3,697 1 Â£ 10 Ng, 11 7,988 4,697 12 7,918 4,149 13 7,365 4,310 14 9,196 6,051 OUT PARCEL A 15 10,732 8,115 16 10,663 4,415 17-R 20,005 " 5,969 Out Parcel A 68,954 -- , 1 # PONDS, LANDSCAPING AND MAINTENANCE EASEMENT AREA IMPROVEMENT ENVELOPE, LANDSCAPING AND MAINTENANCE EASEMENT AREA IMPROVEMENT ENVELOPE SCHMUESER GORDON MEYER INC. ' All structures on Lots 1 through 17-R, including but not limited to dwel- BUIIDING RESI~CTICIE -ling units, accessory buildings and uses, and roof overhangs shall be ENGINEERS & SURVEYORS constructed only within the designated Improvement Envelopes for each 1512 GRAND AVENUE, SUITE 212 i The building height on Lots 13, 14 and 15 shall be restricted to twelve lot. Accessory buildings and uses shall include but not be limited to GLENWOOD SPRINGS, COLORADO 81601 feet (12') above the east ridge. No roof shall exceed twelve feet (12') attached garages, swimming pools, spas and other uses as determined by above the oenterline of the existing ridge starting at the south property the Architectural Review Canmittee of Ten Ten Ute Homeowners Association, [3031 945 - 1004 line of Lot 15 and extending northerly through Lot 15, Lot 14 and a por- Inc. Encroachments may be allowed beyond the Improvement Envelopes only REVISIONS TEN TEN UTE SUBDIVISION tion of Lot 13 determined by an overall distance of one hundred eighty in the following locations: The east side of Lots 9, 10, 11, 12, 13, 14 feet (180') from the south line of Lot 15. The height limit will not and 15 and the Ute Cemetery side of Lots12,3,4,7, 15, and 16. These NO. DESCRIPTION DATE BY CHKD. exceed twelve feet (12') above the ridge centerline starting at elevation encroachments may project beyond the Improvement Envelopes only in the IMPROVEME-NT ENVELOPES 8020.5at the s,uth line of Lot 15 to elevation 7990 on Lot 13. The following manner: Balcony and/or decks extending a maximum of 18", building on Lot 17-R shall be restricted bo one story. retaining walls, spas, grade level patios and terraces; landscape and privacy walls may project to the lot lines. These encroachments shall be 8 DRIVEWAY EASEMgNTS I I permitted only if approved by the Architectural Review Committee of ten * Ten Ute Homeowners Association, Inc. JOB NO. DATE BY SCALE APPR. BY DR~pil~N>NO 86148A 5.18Â·87 KW r = 50' KW 2 of 2 -1 Fil . 0 . . . . . . Bed \\\ f 1 9 \ U ~ :,s<BT C t \\ fkno \\ Exer,5 0/NAL L.1 KIL f:51â‚¬E- 1 1- 1 7Â·h- / / ' ~ 'i \ 0(%nd ir ,~FEN 7%it# - ll 6+64T- C~*U-T / .1 \ \\\ ODNTINUE Â£56*(W UNL-rr'FE. f*NCE: 15 - \1 1484 FEr#Â« 4:ENCEALONE. FFOFE=IÂ¥ 1-11â‚¬ 1 *41 tus:O \ \ E.26.4 -- \\ 271'170*4 ' : 2 H 1 /1 i i r.'lli216.1;5#1 VIA-124-4 EXIÂ«rlht, ANC> -FLAN-T- /VY lD MATE,H LANTTENNÂ» 6Â£>U1251- FENLE-. 2*1420% 9 1 4-4Â£51 A \ a*96*. - (2 Ilpht I (--1 8- \\\ b542. F;LAN L f~EN,LE_ 1,4 KIEW Ort-101-4AL '-mAIL . if f/*xtert r--\ aimee Â·PLANT-INA 14hlt> 11226:5.â€¢@1122*.1 ~t-*4 fbtur- 'FCK- i ~ Exertz--4 1 \ \ I -- 129/AiNIMC ' LL , - 1 ' . .$ 4 P'. , -~- 4'' r, Â¥ - 1 --- .., .. 0% 0 =141- /4 1 ' . . 4 .77- 0. . ... 4. \ .. 0 -44 ,NEâ€¢4 HaPTIWL - \\\\ A 7 1 9/ \ 6. C 555/ 1-5/ C 147 \\ \\ \ blf#4 1.29 -TALL'*PR:UCE. ' 9 ,-\1 C \ 2 4 ja 1 bl " \\\ . 1 / i /1 li 144244 EAe:TH- te=Mt VAeÂ¥1NE 1 N HEENT NEW @AILE 8â‚¬r*-1 -TD eÂ£- Pea26*SEC> All FKohl 4,-TO =,1 1-110,4. PLANTE,2 * 1221 - A/EeAL.E. CÂ¥; 4 -99Â£I- tel-06,4 EX\Â«r-I NCK b# ADDE MIDUP[ TO T]Â« 1 L Ort- 10]4 c LATED. T:2EEe 123> EE- 962UCE-,Aâ‚¬EEN 212-ACE--1 1Â»11~r}-tÂ·FENCEP * FLAN:1-EC> VAm>/114Â£:I IN +4â‚¬-16erl- 1*c=W[ 62 -10 14'Â· ED>dieÂ« *EE eNE LOSED 036396 166. 262M -110 22 aANT-ED 14 \APIDUS C.Â¢+\-r eal> -AKEA 111= /201 1 -10.61 eeREAPINC GeOU ND Â£20.122 . 49<9*-1 Ft/AN-rINg ,~ 1 24 ./Plat i V -r@*6 FIR/K co' 15 44Â· t=-Prell=N . / A X.Â«SK ~ 1Â»/ .7/ ~\ NE*v t:!* tA x t (47,/3 I. Dier!49 \2\It ' Al*At â€¢GRAÂ·r ---'--14_- .~sTkit-4 LPâ€¢* hA 640 T. ap-L fi>PROD< 4 l'T- i OPHT foob â€¢190 -0 *PAâ‚¬H Aba-19 2:06.- 0Â®EA , k 1 3291 el I . D t . , SECTION C-3 REV/90CP 4.19 01 0/ANT 8400 0. r~ ~ z LU j 0 ~ ~ /keN efe FT- j j --0 Sle ?0406 job 250 Â· 23 k ~ A date 4 \OÂ·61 N~/ te<Af\1< _drwn IDELF' -- chkd -- &9< 9* 4 1 12*WMA<Â· - -- -- I--Ill -- -1- 1 40' NIDA/ 10b J. 9Â« et 1 $'N.2 . SECTION C-2 e . . 0 8 e * .of sheets Aq suots!Ae, e jep 4Â·926Â·80Â£ Ltme 00 'uedse enueAe ein 08EL puepeqins 3nN3AV 31n 41041Â©12(41* @11 [AaÂ©@DONÂ©Â£58 peleiodioou!ull~e, 00980100 NOISIAIOBAS/~ankl AEIVNIVVI131:Id CASELOAD SUMMARY SHEET ar737-/8*_00_044 City of Aspen 4-131- )92- 00 - 073 < 1-131- /90.-be- 005 DATE RECEIVED: 5/40/87 PARCEL ID AND CASE NO DATE COMPLETE: 49 C (*6) 27 STAFF MEMBER: Ga -5 PROJECT NAME: 1610 (ULAvenue,SubdivitionitÂ°uh Fi-net Plat Project Address: /010 Ute A-ve. As D trl . CO 1 APPLICANT: 10/0 Ote CorpÂ· SK (10 Behrhovit. Vit.e- Ae,idey, t Applicant Address: 2 Of Box 90'4 G Asptn . do â‚¬/6/a REPRESENTATIVE: C- id ton K a.ufna.n Representative Address/Phone: 3/f E. Svman ASDEn. CO 5-8/66 .Su,11 f 30 S J TYPE OF APPLICATION: 64.hcl 1-vision/P(tA Flha / 7/af PAID: (f* NO AMOUWP: .*390.00 1 STEP APPLICATION: P&Z MEETING DATE: Â· PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: 2 STEP APPLICATION: L A 7.Â· C PUBLIC HEARING: YES ~ND~Â·~ CC ) MEETING DATE: 4 DATE REFERRED: \2 INITIALJ t.,C_-3 \ r - cga 31. REFERRALS: J >city Attorney Mtn. Bell School District v- City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: 092#-41--- INITIAL:9*0 / City Atty City Engineer Bldg. Dept. Other: < FILE STATUS AND LOCATION: ~ C<1--~ 6-( e f b=KI Caseload Disposition for the 1010 Ute Final Plat and Pud Agree- ment Planner Glenn Horn This case has a complete series of conditions that are too long to list here. For information refer to the final plat file which has the subdivision/pud agreement in it. The final plat is filed in the City Engineers office. 96 South Zuni Casper Chen & Associates Denver, Colorado 80223 Colorado Spr,ngs 94 Consulting Geotechnical Engineers 303/744-7105 Fort Collins Glenwood Springs Rock Springs Salt Lake City San Antonio EXHIB-IT "E" March 2, 1987 pooK 539 PAGE 646 Subject: Engineering Geologic Conditions, Lots 12 through 15, 1010 Ute Avenue Development, Aspen, Pitkin County, Colorado Job No. 1 164 87 Sutherland Fallin, Inc. 1280 East Ute Avenue Aspen, Colorado 81611 : Attention: Mr. Dick Fallin Gentlemen : This report has been prepared to summarize our interpretation of engineering geologic conditions for Lots 12 through 15 of the 1010 Ute Avenue Development in Aspen, Colorado. Our interpretation of engineering geologic conditions is based on a preliminary geologic and soil study of the 1010 Ute Avenue Development site oampleted by Chen & Associates in 1973 (Chen & Associates' Job No. 10,282) and an engineering geologic reconnaissance by Chen & Associates in 1986 (Chen & Associates' Job No. 1 1050 86). Site Description: As shown on Fig. 1, Lots 12 through 15 are near the south- east corner of the development. Lots 12 through 15 lie on the eastern slope of a narrow ridge overlooking the Roaring Fork River which lies approximately 100 to 150 feet further to the east. The slopes in the area are in the range of 30% or slightly steeper as indicated on Fig. 1. The lots are presently vacant. Site vegetation is mainly grasses, sage brush, low aspen and scrub oak. Proposed Development: The current plans are to construct one single-family residence on each of the four lots with the necessary access roads and utilities. The lots will be serviced by the Aspen Municipal Sewer and Water Systems. Proposed hamesites are shown on Fig. 1. The building levels will be terraced up the hillsides to conform to the topography and limit the heights of cuts and fills. Geologic Setting: Our interpretation of the surficial geology across the proposed development is shown on Fig. 1. Lots 12 through 15 are underlain by a glacial moraine complex deposited by valley glaciation of the Roaring Fork valley during the late Pleistocene. The slightly hurmocky topography of the valley floor is typical of glacial moraine deposits. Test holes drilled for Chen & Associates' 1973 studies indicate the moraine material consists of Sutherland Fallin, Inc. March 2, 1987 Page 2 HooK 539 pmÂ£647 relatively clean, coarse-grained soils ranging fran fine sands to boulders. The silt and clay content of samples of the moraine soils was usually less than 10%. It is likely that the glacial deposits extend to a oonsiderable depth below the valley floor. The moraine deposits have been identified on Fig. 1 by map symbol Qgm. The glacial deposits will probably be the foundation soils for structures planned for Lots 12 through 15. Potential Geologic Impacts: Several factors of a geologic nature could impact the development of Lots 12 through 15. These include steep slopes, flooding, erosion, and seismicity. Steep Slopes: Lots 12 through 15 lie on the more steeply sloping sections of the proposed 1010 Ute Avenue Development as shown on Fig. 1. We understand provisions to limit the amount of site disturbance will be provided by stepping the structures up the steep slopes. For preliminary grading, the following general criteria can be used. Permanent unretained cuts should be no higher than 10 feet and cut slopes should not exceed 2:1 (horizontal to vertical). Likewise, unretained fills should not exceed 10 feet in height and should not exceed 2:1 (horizontal to vertical). Fill foundations should be carefully prepared prior to placing fill. Fills constructed on existing hillsides exceeding 5:1 (horizontal to vertical) should be placed on relatively level benches cut into the natural hillslopes. Although not anticipated, if seepage is encountered in cut slopes, drainage techniques should be evaluated and employed to protect slope and foundation stability. Based on our present knowledge of the subsoils, in our opinion development of these four lots can be done with proper engineering. Site- specific subsurface investigations should be planned for each of the lots to evaluate slope stability, to develop foundation design information, and to develop grading criteria. Flooding: Flooding periodically occurs along the Roaring Fork River. Based on Chen & Associates' 1973 report, the proposed homesites for lots 12 through 15 lie well above the "Standard Project Flood", taken fran the Army Corps of Engineers' 1973 report. This flood has a return period in excess of 100 years. No other significant drainage channels occur within or adjacent to the four lots. Erosion: Areas of the site stripped for construction will subject to increased erosion. Concentrated runoff should not be allowed to discharge on unprotected slopes. All stripped areas should be revegetated or protected by other means. Erosion control measures should be made part of the overall development plan. Flooding of the Roaring Fork River may cause bank erosion Chen & Associates Sutherland Fallin, Inc. March 2, 1987 Page 3 HOOK 539 MGE648 along the channel approximately 100 to 150 feet east of the four lots. We observed no signs of accelerated bank erosion during our field reconnaissance. However, channel stabilization may be required in some areas in the future. Seismicity: Historic seismic activity in the Aspen area has been relatively low. Potentially active faults have not been identified in the project area (Kirkham and Rogers, 1981). In our opinion, the area does not present an earthquake risk above that normally considered for the region. The site is in the Uniform Building Code Seismic Zone 1. limitations: This report has been prepared in accordance with generally accepted geotechnical engineering practices in this area for use by the client for preliminary planning. The conclusions and recommendations submitted in this report are based on a general understanding of the proposed construction, a site reconnaissance, and our previous experience. Additional investigations are recommended to provide specific design criteria for foundations, pavements, major cuts and fills, and other soil-related construction activities. If there are any questions concerning this report or if we may be of further service on the project, please let us know. Sincerely, CHEN & ASSOCIATES, INC. . By 6-yE *itz,6 Ehgkfieering Geologist RHS/jj/bn Rev. By: All Encl. Chen &Associates r .1 n CA(1 BOOK DOU PAGEU'*J REFERENCES Bryant, Bruce, 1972. Map Showing Areas of Selected Potential Geologic Hazards in the Aspen Quadrangle, Pitkin County, Colorado, USGS Map I-785-A. Bryant, Bruce, 1971. Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado, USGS Map GQ-933. Chen & Associates, Inc., 1973. Geologic and Soil Analysis and Radiation Evaluation Report, Benedict-Larkin Property, Aspen, Pitkin County, Colorado. Chen & Associates, Inc., 1986. Engineering Geologic Reconnaissance, 1010 Ute Avenue Development, Aspen, Pitkin County, Colorado. Colorado State University, 1974. Pitkin County, Colorado, Lower Roaring Fork Valley, Environmental Resource Analysis. Kirkham, Robert M. and Rogers, William P., 1981. Earthquake Potential in Colorado, Colorado Geological Survey, Bulletin 43. â‚¬ Chen&Associates - ----n (1 \ '1 , . I r W... i 2- P 1 - ' HOLE 3 10 1.11,1.. 1 \ d ......,1.4 1. .1 0 01 â€ž O,â€¢E â€¢T ( ceâ€ž ) t J 1, . ROAD ....44<- 1 2... -1. \ / 12 â‚¬.1 I Ogm Qgm 4 i 7 1.1 i A , 1, i 1 . \1 1 \Ut (\ ..i 4\ 2 1 1./-/-. 1 .4/ \ C Holli \ ,/ / Â» 1 1 - 1 . 1 ~ ~ /4 \ Qgm i, j~*4Â»9....Cl -- \ ii, i f X â‚¬*PLANATKON r.n E ...L.. aD .AC.AL ....1 ..................... ..... CD E 4............... COLLIVIAL /O/â€¢ C= 0 r 7 <2*2 f-1.7 . =33 CJV 1 f AVALA-- 'll# *-1, 1,~el- SURFICIAL GEOLOGY 1010 UTE AVENUE DEVELOPMENT i....no' Ive, $2:m &--?es~er -- _AJ- $ ALL D- 11/1///hi lUL .... _L_ ..../-11___ 6-4/Ar /14 UgÂ»j 6 Â·, AtildÂ° I 30 bÂ· ~.Lou 4'1~ 1*3Â£ 001 Recorded at 4:03 0-ciock 9 6 - M 2-7 $ 7 Of,7, c .1 Â¢ . b Reception No . f?-4-Tr SILVIA DAVIS PITKIN COUNIY RECORDER DEDICATION OF REAL PROPERTY TO EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES FOR LOT 17-R, TEN TEN UTE SUBDIVISION, ASPEN, COLORADO THIS DEDICATION, made and entered into this /7 --day of -3-9 ** , 1987, by 1010 UTE CORPORATION, a Colorado corporation (hereinafter re ferred to as "Owner") and the City of Aspen, Pitkin County, Colorado, a Colorado municipal corporation (hereinafter referred to as "City"). WITNESSETH: WHEREAS, Owner is the record owner of the following described real property and the improvements located thereon situate in the City of Aspen, Pitkin County, Colorado, to wit: Lot 17-R, Ten Ten Ute Subdivision, according to the Plat thereof recorded in Plat Book \61 at Page A)Â· 6 1 in the office of the Clerk and Recorder for Pitkin County, Colorado. WHEREAS, pursuant to the provisions of that certain P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision recorded in Book E-93 at Page 0 23} in the office of the Clerk and Recorder for Pitkin County, Colorado, Owner is required to dedicate Lot 17-R to specific employee housing restrictions and guidelines; and WHEREAS, the City Council of the City of Aspen on June 8-\10\, 1987, approved the use of Lot 17-R, upon the filing of this dedication and declaration, to satisfy employee housing requirements of Ten Ten Ute Subdivision as reflected in the P.U.D. and Subdivision Agreement therefor recorded in Book :369 at Page 02 1 in the office of the Clerk and Recorder for Pitkin County, Colorado, which agreement is incorporated herein by this reference. WHEREAS, Owner represents and warrants that it is the sole owner of the property, with full authorization from any and all persons, corporations or entities which in any way may have an encumbrance, lien or other interest in or with regard to the property, to enter into this dedication and declaration. NOW, THEREFORE, for and in consideration of the execution and recording by the City of Aspen, Coloardo of the above referenced P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants and agrees as follows: 1. The use and occupancy of the employee housing unit constructed on Lot 17-R shall be and is hereby restricted exclusively to City of Aspen "low-income" employee housing use; occupancy and rental guidelines and qualifications as -1- 339 [14.GEDUL 1 .11:1 ' may be in effect from time to time. Verification of any employee's income and employment qualifications shall be accomplished by C-ity of Aspen or its employee housing designee prior to and as a condition of occupancy. The unit shall be at least three-bedroom and shall be at least 1,000 sq. ft. Owner reserves the right to give employees and caretakers of the project first priority to occupy the unit. Occupants shall be selected by Owner. Owner shall charge low-income rent, but occupant's income may exceed low-income qualifications. The unit shall be constructed and a Certificate of Occupancy issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sale price guidelines for the unit shall be indexed to the annually adopted employee housing guidelines approved by City. 2. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to Lot 17-R, shall be binding upon the Owner, its successors and assigns, and upon all persons or entities having any right, title or interest in or to Lot 17-R or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of non-complying tenancies, all for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records. 3. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both Owner or its successors and assigns and the City of Aspen, Colorado and duly recorded in the Pitkin County real property records. 4. 1010 Ute Corporation hereby warrants and represents that any and all persons, firms or entities having any lien, encumbrance or interest in Lot 17-R have consented to this dedication and, further, that this dedication shall not be recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, without consent of any such person. IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the day and year first above written. OWNER: APPROVED AS TO FORM: 1010 UTE CORPORATION, a Aspen City Attorney Cou - 729246/--- - Â«il i u-Â»-32- LE.L.~ By l~) 6) 9 ---p--- i Â£ j-/ Paul J. Taddune (I -1 (ADDITIONAL S IGNATURE AND NOTARY *CNNOWLEDGMENTS ON N~)0'Ib PAGE) -2- G. 19 n ' rhn- 1 FO{~3 e,e. t x Alatot,Â·J APPROVED AS TO FORM: ASPEN/PITKIN COUNTY oGUSING A~HORITY *-< L.By D-Â·'~9292~/,4.-~ <,tj~ . Director STATE OF COLORADO ) ) SS. COUNTÂ¥*.OF PITKIN ) '~-i#KA u,rhe. fÂ»regoing instrument was acknowledged before me this /'aNÂ·9'- Â·-dS46.-f Â»Â£ , 1987, by t\Auu> 9) 111(4-,7- as a *.alARY i j of 1010 UTE CORPORATION, a Colorado : ?~SZiEration . 1 = 4.PUB'*Ikiss my hand and official seal. 1 -Â·, .. .MÂ¥ cbmmission expires : 521 //.7 /irc; , Notary Public dedication/LOWE3 -3- ~101 5:3&1 o,rcf?Q:Q r,10, ~ P t.) U EXHIBIT "A" COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS TO THAT CERTAIN DEED DATED -JUVE / 7 , 1987, FROM 1010 UTE CORPORATION TO THE CITY OF ASPEN THIS DEED is made upon the express condition that the property hereby conveyed shall forever be used and maintained as a passive public park whose primary purpose is to provide Nordic and Alpine ski, as well as hiking access to Aspen Mountain, and that overnight parking shall forever be prohibited within the boundaries of said park. THIS DEED is made upon the further express condition that the City of Aspen, or its successor in interest, shall own, maintain and operate the irrigation system to be installed in said park, and be responsible for the maintenance and general upkeep of the park once the improvements, as represented in the GMP Application of 1010 Ute Corporation, are constructed and installed. THIS DEED is made upon the further express condition that the City of Aspen agrees that it will save and hold Grantor, its successors and assigns, harmless from all claims, causes Of action, suits, damages or demands whatsoever in law or in equity which may arise out of or as a consequence of the City's negligence in maintaining, repairing and utilizing of this parcel. GRANTOR hereby reserves unto itself, its successors and assigns, the right to prosecute any action to enforce these covenants by injunctive relief. The prevailing party in any such enforcement action shall be entitled to an award of costs and expenses, including attorneys' fees. GRANTOR hereby reserves unto itself, its successors and assigns, the right to go upon and modify the surface of said property for the purpose of constructing and installing the improvements represented in its GMP Application, as well as the right to construct the improvements which widen Ute Avenue, together with the right to maintain the landscaping in the ten foot (10') easement reserved for street widening. A f /- \1/ 41--3 - 2 c. r- 5 &00 * 90 ,000 539 -m~GE656 CO 0% E 58 00 N e Â© 0 -=r >Z 20 PUBLIC TRAIL EASEMENT GRANT CD 00 Z wn .....il N ,- 0 C 0 THIS EASEMERT GRANT is made between 1010 UTE CORPORATION, a Colorado corporation (hereinafter referred to as "Grantor") and the CITY OF ASPEN, a Colorado municipal corporation (hereinafter referred to as "Grantee") . The following recitals of fact are a material part of this instrument: A. The Grantor is the owner of a tract of land which it seeks to subdivide as Ten Ten Ute Subdivision, and which is more fully described on the Plat thereof to be recorded in connection herewith in the office of the Clerk and Recorder for Pitkin County, Colorado; B. The Grantee, as part of its subdivision approval process, requires certain public trail easement grants to supplement its existing system of public trails; and C. The Grantor wishes to grant and the Grantee wishes to receive a public trail easement over, across and along that part of Ten Ten Ute Subdivision as shown and described on the Final Plat of said subdivision. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. Grant of Easement. The Grantor hereby dedicates and grants to the Grantee, its successors and assigns forever, a perpetual easement over, across and along the twelve foot (12') public trail easement shown on the Plat of Ten Ten Ute Subdivision recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, for the use and purpose of a public trail easement for the use and benefit of the public including, without limitation, hiking, biking, and cross- country skiing, but excluding all motorized vehicles, PROVIDED THAT the Grantee construct a trail between the east property boundary of Ten Ten Ute Subdivision and the Roaring Fork River linking this trail to the Aspen Club Trail, or construct the Gordon Bridge with an associate public right-of-way to State Highway 82 linking this trail to said State Highway 82. 2. Indemnification of Grantor. Grantee covenants and agrees that it will save and hold Grantor, its successors and assigns, harmless from any and all claims, causes of action, suits, damages or demands whatsoever in law or in equity which may arise as a consequence of Grantee's negligence in maintaining, repairing and utilizing the easement premises. . 3. Attorneys' Fees. Either party, its successors or assigns, may enforce this instrument by appropriate action and, should it prevail in such litigation, shall recover as part of its costs a reasonable attorneys' fee. -1- A.0 f-1 BOOK Je.)47 Plf.,FGO7 4. Release of Easement. The Grantee herein may terminate this instrument by recording a release in recordable form with directions for delivery of same to Grantor at its last known address, whereupon all rights, duties, and liabilities hereby created shall terminate. For convenience, such instrument may run to "the Owner or Owners and parties interested in Ten Ten Ute Subdivision". IN WITNESS WHEREOF, the Grantor and the Grantee have hereunto set their hands and seals this 1 -7 6 day of 3 u ju g , 1987. GRANTOR: Attest: 1010 UTE CORPORATION, a Cglerado corpo]Ration r " i . 421:*A 8 16-mi _ Â«~'oA--9 4 ~Lue~~279 Bedrishah Wilson , David G. Behrhorst Assistant 'Secretary Vice-President r /' iM,Â· GRANTEE: ...... 4.WHAC.. & 1 City of Aspen, a municipal :I i i "3 -I'lpr: i,: 1 3 1 corporation a . 1,(., t-t . . 4 k_lr. 1 -E=*r :f 91 By /4594694& C,~1~- William L. Stirling U City elfÂ£7K .â€¢, Mayor STATE OF COLORADO) *4Â·YÂ·-4,1Â¥4 SS. COpfITY . OF@419N ) 6 , r \1 E r ,.. 14.* Th'- i #begoing instrument was acknowledged before me this /94lclay 4 . 4, .2 '4*' Â· ..4 , 1987, by William L. Stirling as Mayor on behalf of the ~ a muncipal corporation. W81111~~ my hand and of ficial seal.1 - 4 .My -Â©6*aZÂ»sion expires : 3 /27/7/ / 2-f / ](t.LAU-teti - Notar~ Public STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) Cl The foregoing instrument was acknowledged before me this /94+Lhay of~~Ed*42-4, ' 1987, by Kathryn S. Koch as City Clerk on behalf of the Ci.129 of,Â£:Aspen, a muncipal corporation. V-*-0-,444, . . Â· t*ICSS my hand and official seal - s.sion expires : 4/27/7/91'~~"~ 0 -~ Â· A Notar# Public . 'Vi . . ly . I trail eas,e,rApt/LOWE3 -2- r.'1(1 BOOK de.,3 PAGE|~58 STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) the foregoing instrument was acknowledged before me this / / day of , U :-14 , 1987, by David G. Behrhorst as Vice-President and Bedrishah Wilson as Assistant Secretary of 1010 Ute Corpgaatton, a Colorado corporation, on behalf of said corporation. 44.0., '9.&4Â¥ 0." / 9.. -,. WITNESS my hand and official seal:'<~ ; 'Â· 0114*,0 1 1 My Commission expires:59-LA L /16& f t~ 74~~/~i)~l ~ 4 1 0=- Notary l~blic 4 .9. trail easement/LOWE3 -3- 07 0 . --I . Clt - f rlÂ¥Â® 41 60 90144. v.,t. #331783 04/12/91 13:26 Rec $0- 00 BK 643 PG 900 E 'ia Davis, Pitkin Cnty Cl. , Doc $.00 THIRD AMENDMENT TO THE FINAL PLAT OF (# let- UTE PLACE SUBDIVISIONS (FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION) CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE FOLLOWING AMENDMENT is hereby made to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) recorded in Plat Book 19 at Pages 80 and 81, on June 19 1987, in the records of the Clerk and Recorder's Office, Pitkin County, Colorado: In accordance with approval granted by the Aspen City Council on November 13, 1989, all elevations and measure- ments for purposes of determining dimensions of the improvements to Lot 3 of the Subdivision shall be measured from finished grade, and not from natural grade. Finished grade shall raise the elevation two feet above natural grade. Finished grade shall be deemed to be 7,974 MSL. CITY APPROVAL AND ACCEPTANCE The Third Amendment to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) changing the method for - measuring height and other dimensions on Lot 3 of the Subdivision is hereby approved and accepted by the City Council of the City of Aspen, this U,41 day of Ne,emb-7-1999-r Marth \19\ THE CITY OF ASPEN By Y~ William Stirlind, Mayor V PLANNING DEPARTMENT APPROVAL The Third Amendment to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) changing the method for measuring height and other dimensions on Lot 3 of the Subdivision is hereby approved and accepted by the Planning Director of the City of Aspen this day of November, 1989. PLANNING DEPARTMENT, CITY OF ASPEN By (21< Ullit - ~ Planning Director f #331783 04/12/91 13:26 Rer 20.00 BK 643 PG 901 ilvia Davis, Pitkin Cnty irk, Doc $.00 CITY ENGINEER'S APPROVAL The Third Amendment to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) changing the method for measuring height and other dimensions on Lot 3 of the Subdivision is hereby approved and accepted by the City Engineer of the City of Aspen this j ~ day of RROvember, 79-84. Â© le ru ceâ€¢-0,7 '91/ CITY ENGINEER, CITY OF ASPEN Bv /14) 1,4-E OWNER'S CERTIFICATE The Third Amendment to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) changing the method for measuring height and other dimensions on Lot 3 of the Subdivision is hereby approved and accepted by the owner of Lot 3 within the subdivision. SUSAN WELSCH STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged and j sig*Sd before me this (2Â¢h day of -N,p=embeer-4909-7 by William Stirlingl* Mayor of the CITY OF ASPEN. Mwvt-h (99 c 1 , J /, '1?* 7 WITNESS my hand and official seal. -1 44.. I 5''3241-'..1 My commission expires: My Commission expires 9/27/92 . . % ...1 09 ., 6% -6 1,/U v 3j Notary Public ~~/ 2 #331783 04/12/91 13:26 Re 820.00 BK 643 PG 902 Silvia Davis, Pitkin Cnty 6lerk, Doc $.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing ins_Upef*.. w~1,2cknowlecl~~~i and signed before me this /9 day of NEVMhbeZI, 1/4 bY{/4/ - . Planning Director for the PLANNING DEPARTMENT, C~TY OI~SPEN. .-0 40 44% WITNESS my hand and official seal. .: :...--"*Â·.A>-5.. My commission expires : 4/2 &/ 151 / a.:Â·0~33\13 /7; ;'Â·Â·.t, F : tâ‚¬= .4 4 1 nAt A 1-,1.,~.1 ...:4 Â· 4 u hw\ 6700, f,f~ Notary Pubtic STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing inskENment was acknowledged *d Dsigned before me this ~ 9 day o f 146Â¥mtih**, 'I~9@3, by Ufd,269/ 2 /<gÂ©r , CITY ENGINEER FOR THE CITY OF ASPEN. Ill/ I J 4 0 j.h ..... WITNESS my hand and official seal. .........'*.....Zf#i... My commission expires: //~/2 7/97 , 7 lut, ' t. 40. i - c i 42#409.Â© 0 : 2 . . 23 1.Â«11,4 Â« rl-t-L Ji loj'Voilko A.Vt'g d.. . Notary Ppplic 74 . STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foreaoing instrument was acknowledged and signed before me this /4 yc day of November, 1989, by SUSAN WELSCH, owner of LetE?~.Ute Place Subdivision. Â·Â·. 44- 2 i 41(1 -fWITNESS my hand and official seal. F . C,JAA #y commission expires : 3-//4 /41 . i ,-D - \7 0 1 I *4=;44*U Â©' 2. /If 'SH /2./1 fL-~LYL--0.1 i Notary Public ' 9 d 3 #331783 04/12/91 13:26 Rec $. 00 BK 643 PG 903 F 'ia Davis, Pitkin Cnty Cl=.4, Doc $.00 CLERK AND RECORDER'S ACCEPTANCE The Third Amendment to the Final Plat of Ute Place Subdivision (formerly known as Ten Ten Ute Subdivision) changing the method for measuring height and other dimensions on Lot 3 of the Subdivision was accepted for filing on the Office of the Clerk and Recorder of Pitkin County, Colorado, at / i 167 o'clock F .m., this /21?1 day 0 of November, 1909, in Plat Book NA at pages NA , Recep- tion No. 33,17 7-3 Â©Do K. 6 4.5 00Â»C 900 CLERK AND RECORDER PITKIN COUNTY, COLORADO Â»709 0Â» 4 -- 0 Â«Â« , 94 A 9 4 3 7/L-9(211Â«ley) 1 @Er- P. 9 f MEMORANDUM TO: Aspen City Council A-A FROM: Glenn Horn, Assistant Planning Director i THRU: Robert S. Anderson, Jr., City Manager ~,2.- RE: 1010 Ute Avenue DATE: December 19, 1988 SUMMARY AND RECOMMENDATION At the direction of the City Council, the Planning Office has reviewed the files for the approval of the 1010 Ute Avenue development to determine whether or not there are inconsistencies between plans and actual construction. Based upon our research the staff has concluded that the development is in compliance with approval granted by the City of Aspen. It is recommended that no actions be taken by the City Council. ISSUES AND CONCERNS Based upon your meeting last week with Calderwood residents and the developers of 1010 Ute, the staff was requested to review the 1010 Ute Avenue records. Concerns raised at the meeting are addressed below. 1. Lot 9/DuBose Residence - Attachment 1, a memorandum from Bill Drueding, Zoning Officer, dated December 14, 1988 indicates that the DuBose residence being constructed on lot 9 Of the subdivision is in conformance with the PUD agreement and the Municipal Code. As noted in Bill's memorandum, originally the plans for the building exceeded the City's 25 height limitation by a few inches and DuBose was required to reduce the height of the building. Likewise the original floor area of the building exceeded the 3,900 square foot maximum and the architect was asked to revise the plans. The building is being constructed within the building footprint approved by the City of Aspen. 2. Development on the Ridge - Since the meeting on Tuesday, the staff has verified that the drawings presented by the developer of the houses proposed for the ridge were, in fact the drawings presented during the Preliminary plat review. The drawing presented by Georgeanne Hayes at the meeting was not part of the public record. The staff concurs with the Planning and Zoning Commission's previous finding that the development on the ridge is consistent with representations made during the preliminary plat review and is consistent with the PUD approval. 4/. 3. Land Subdivision - Citizens and the City Council should recognize that the developer proposed and received approval for a land subdivision and never proposed during the review process that he would construct the single-family residences in the development. The record shows that conceptual drawings of buildings were simply "concepts" to illustrate what the subdivision might look like. The staff does not believe that the developer was obligated to replicate the conceptual drawings. 4. Drawing of the Trail Adjacent to Lot 9 - The staff has reviewed the record to verify Dick Fallin's assertion that the drawing of the building of on Lot 9 was intended to demonstrate the relationship of the proposed trail to the building proposed on the lot. We concur that a comparison between the conceptual drawing and the DuBose house is unfair and out of context with the intent of the original drawing. 5. Drawing of the Entrance to the Subdivision - The staff concurs with Georgeanne Hayes that the drawing of the entrance to the Subdivision on Ute Avenue is not consistent with the building which has been constructed on Lot 2. However, we also concur with the developer that the drawing was utilized during the Conceptual review to illustrate the entrance to the subdivision and not the house on Lot 2. Our review of these issues and concerns has led the staff to conclude that the development is generally consistent with representations made during the review process. In spite of this finding, the Planning Office is very sympathetic to the concerns of the Calderwood neighborhood. We believe that although 1010 Ute is in complete compliance with the approval granted by the City, there are many lessons which can be learned by studying the significant errors which have been made in the review and approval of the subdivision. We remind the Council that 1010 Ute is unique for the City of Aspen because it was the first substantial land subdivision approved by the City in many years. Prior to the review of the Meadows application, the next big land subdivision facing the City, the Planning office strongly recommends that the City Council and Planning and Zoning Commission direct the Planning Office to carefully study 1010 Ute and lead the Council and Commission on a field trip to the subdivision to identify mistakes which should not be repeated at the Meadows. As noted during our annexation discussion, some of the problems of 1010 Ute Avenue may be related to the inappropriateness of the Municipal Code to address land subdivisions. This hypothesis should be studied to determine if the Code is the problem or if the problem is the application of the Code. 2 It may not be possible to schedule such an exercise before the effective date of my resignation on January 6. I will prepare my analysis of the problems for the benefit of the Planning Office staff prior to January 6, and would be happy to participate with the Council and Commission in the work session as a concerned citizen. RECOMMENDED MOTION: None required. CITY MANAGER'S RECOMMENDATION 1010ute121988 3 MEMORANDUM TO: -- Glenn Horn FROM: Bill Drueding - Zoning Officer DATE: 14 December 1988 RE: Lot #9, 1010 Ute Subdivision I have reviewed the plans and file for the above project. During plan review, it was determined that the building was three (3) inches above allowable height at mid point. The ridge was within allowable height. The architect did a change order to the satisfaction of Stan Stevens, who was our current height expert, bringing the building height just into compliance. The building is shown just inside the permitted foot print. Nevertheless, this is what was permitted by the PUD. The FAR was verified by me. The architect was required to reduce the FAR 94 square feet. The end result is that the building size is 3,869.95 square feet of the allowable 3,900.00 square feet. As like most of the new construction in the city in the last two years, this house, if built according to plans, will be as high and as large as the maximum allowed. The file and plans are located in the building department for public review. CC: Bob Gish, Building Official Alan Richman, Planning Director 4 MEMORANDUM TO: Glenn Horn 040 FROM: Bill Drueding - Zoning Officer DATE: 14 December 1988 1 RE: Lot #19, 1010 Ute Subdivision I have reviewed the plans and file for the above project. During plan review, it was determined that the building was three (3) inches above allowable height at mid point. The ridge was within allowable height. The architect did a change order to the satisfaction of Stan Stevens, who was our current height expert, bringing the building height just into compliance. The building is shown just inside the permitted foot print. Nevertheless, this is what was permitted by the PUD. The FAR was verified by me. The architect was required to reduce the FAR 94 square feet. The end result is that the building size is 3,869.95 square feet of the allowable 3,900.00 square feet. As like most of the new construction in the city in the last two years, this house, if built according to plans, will be as high and as large as the maximum allowed. The file and plans are located in the building department for public review. CC: Bob Gish, Building Official Alan Richman, Planning Director 2 4? I : ... r .Wh 0.. 1 n FOOK 1.33 f'AGE DiP P.U.D. AND SUBDIVISION AGREEMENT FOR Ell- i -9 TEN TEN UTE SUBDIVISION This P.U.D. and Subdivision Agreement is made and entered into this /77* day of June, 1987, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City") , and 1010 UTE CORPORATION, a Colorado corporation (hereinafter referred to as "Owner") . RECITALS -------- 1. 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, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and designated as "Ten Ten Ute Subdivision" (the "Plat") ; and 2. City has fully considered the Plat and GMP allotment, the proposed development, the improvement of the land and the effects of the proposed development and improvement of land included in the Plat on other adjoining or neighboring property owners; and 3. City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the public welfare; and 4. Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Plat; and 5. Under the authority of Â§Â§ 20-16(c) and 24-8.6 of the Municipal Code of the City of Aspen, Colorado, City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by Owner; NOW, THEREFORE, WITNESSETH: --------- NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by City, it is mutually agreed as follows: 2902 8 4 ILVIA DAVIS CNTY RECORDER, 1 "t./ BOOK 539 MGE630 I. GENERAL DEVELOPMENT PLAN Ten Ten Ute Avenue Subdivision as shown on the Plat includes the following elements: A. Lots 1 through 16 which may contain a free market dwelling unit. B. Employee Housing. The use and occupancy of the employee housing unit constructed on Lot 17-R shall be and hereby is restricted by a covenant that runs with the land to a qualified employee as is defined in paragraph 2 below. The employees residing in such unit may be charged income rental not to exceed the low-income rental guidelines applicable at the time of rental. C. Site Data Tabulations. The Site Data Tabulations attached hereto and made a part hereof as Exhibit "B" defines and describes further and more specifically the allocation of the uses anticipated within Ten Ten Ute Subdivision. II. EMPLOYEE HOUSING DEDICATION AND RESTRICTION The employee housing commitment for the twenty-six (26) employees generated by the project shall be satisfied as follbws: The construction of one (1) three-bedroom low-income unit on Lot 17-R and cash-in-lieu payments of low-income for twenty-three (23) employees. Owner shall construct one (1) three-bedroom low-income employee unit on site. The three-bedroom unit shall be restricted to low-income or sale guidelines and should be at least 1,000 square feet. Owner reserves the right to give employees and caretakers of the project first priority to occupy the unit. Occupants shall be selected by Owner. The unit shall be constructed and a Certificate of Occupany issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sale price guidelines for the unit shall be adjusted to the low-income guidelines in effect at the time of the issuance of a Certificate of Occupancy for the unit. The cash-in-lieu payment for twenty-three (23) employee at the low-income guidelines of $20,000.00 per employee equals $28,750.00 per homesite, and shall be paid at the time of the issuance of a Building Permit for construction of a residential unit. The payment amount shall be adjusted to the low-income cash-in-lieu guidelines in effect at the time of the payment. Owner shall have the right to continue conversations with the Aspen/Pitkin County Housing Authority to explore other alternatives allowed by the Aspen Municipal Code to fulfill his employee housing commitment, including a lump sum payment. These covenants shall be deemed to run -2- pooK 539 pAGÂ£631 with Lot 17-R as a burden thereof for the benefit of and shall be specifically enforceable by City by appropriate legal action, including injunction, abatement, eviction or rescission for the period of the life of the longest lived member of the presently existing City Council of Aspen plus twenty-one (21) years for a period of fifty (50) years from the date of recordation hereof in the Pitkin County real property records, whichever period shall be less. III. CONSTRUCTION AND IMPROVEMENTS A. Construction Schedule. Owner shall construct the project in phases. The first phase commencing in the Summer of 1987, and the second phase commencing in the Summer of 1988. Owner anticipates that the project will proceed in accordance with the following time frames which time frames shall not constitute binding representations or schedules. (1) Summer of 1987 - Overlot grading, water, sewer, electric, gas, TV and cable TV, pond construction, Common Landscape Phase I, Ute Avenue realignment, Ute Avenue Bike Trail. (2) Summer of 1988 - Common Landscape Phase II, Private Roads Phase I, Private Roads Phase II. It being understood that what is not completed in the Summer of 1987 will be completed in the Summer of 1988 or the Summer of 1989. B. Construction Techniques. All construction in Ten Ten Ute Subdivision shall conform to and follow the recommendations of Chen and Associates attached hereto as Exhibit "E" regarding construction techniques and temporary protections of natural slopes, the Wheeler Ditch and the Roaring Fork River, specifically as it relates to the lots on the ridge. C. Roof Drainage. All roof drainage shall be retained on site, and shall not be allowed to enter the Roaring Fork River by surface run-off. D. Landscaping Plan. In accordance with Â§24-8.16 of the Aspen Municipal Code, all landscaping shall substantially conform to the "Landscape Site Plan" as shown on the plat. Owner shall plant six (6) street trees as shown on the Landscape Plan in the Ute Avenue right-of-way. Owner Will irrigate and seed the ten-foot (10') wide landscaped median. The Landscape Site Plan is intended to be implemented in three phases. Phase I will be accomplished in the first year of construction. Phase II will be accomplished in the second and third year of construction. The Final Phase will be completed over the next four to five years when most of the houses are constructed. As each house is completed, the landscaping -3- pooK 539 PAGE632 required for that house Will be completed. As much landscaping as practical will be done on each site before construction takes place. It is the intent of Owner to create a beautiful, natural environment for the occupants of the site to enjoy. The Landscape Site Plan shows plant material and other landscape features, flower and shrub beds, proposed materials, existing materials, proposed treatment of all ground surfaces, location of outlets, and a plant material schedule. E. Vegetation of Disturbed Areas. Owner agrees, pursuant to the provisions of the Landscaping and Grading Plan that during the course of construction any portions of the property which are disturbed shall, as soon as practical, be landscaped and vegetated in accordance with the Landscape Plan. F. Underground Utilities . All new utility systems constructed within Ten Ten Ute Subdivision shall be underground. G. Improvement District. Owner shall commit to join all improvement districts affecting the subject property with the exception that Owner shall not be required to join the Lodge Improvement District as proposed by the City Council in Resolution 87-1. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, except for the Lodge Improvement District become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above-described property, Owner will make no unreasonable objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Owner further agrees to join, upon the demand therefor by City, any special improvement district, urban renewal district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation facilities, berms, open space lands, public transportation facilities, parking, etc.), in the area of the above-described property. H. Woodburning Devices. The installation and use of woodburning devices in Ten Ten Ute Subdivision will be in accordance with the requirements of Ordinance 86-5, incorporated herein by this reference and as in effect on the date of this agreement. I. Fire Hydrant. Owner shall relocate to the satisfaction Of the Fire Marshall and Water Department -4- t <,10 pooK 5'39 PAGEBu J existing fire hydrant No. 742 prior to the issuance of a Certificate of Occupancy for the first house. If replacement of this hydrant is deemed necessary, City and Owner agree to negotiate allocation of cost in good faith. 3. Working Drawings. Owner shall submit working drawings of a water system to the Water Department for approval prior to construction. K. Air Pollution. Owner shall develop an air pollution control plan to mitigate construction impacts which shall be approved by the Environmental Health Department prior to the issuance of a Building Permit. L. Noise. Owner shall comply with all requirements of the noise abatement Ordinance 81-12 incorporated herein by this reference. M. Mine Tailings. Owner agrees that in the event mine tailings are uncovered during excavation, Owner shall have the soil tested for toxicity and the tests shall be reviewed by the Environmental Health Department prior to the removal of any soil from the site. N. Incorporation of Representations and Written Submittals. Owner hereby ratifies and confirms each and every representation made and set forth by Owner in its application dated December 1, 1986, and all written submittals and representations made in connection therewith to the Planning and Zoning Commission and City Council, which application and representation shall be deemed to be made a part of this agreement and to be incorporated herein by this reference. O. Building Restrictions. Owner agrees and hereby covenants that the building height on Lots 13, 14 and 15 shall be restricted to twelve feet (12') above the east ridge. No roof shall exceed twelve feet (12') above the center line of the existing ridge starting at the south property line of Lot 15 and extending northerly through Lot 15, Lot 14 and a portion of Lot 13 determined by an overall distance of one hundred eight feet (180') from the south line of Lot 15. The height limit will not exceed twelve feet above the ridge center line starting at elevation 8020.5 at the south line of Lot 15 to elevation 7990 on Lot 13. The building on Lot 17-R shall be restricted to one story. IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner -5- BOOK uad PAGE U in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than forty-five (45) days. If City Council determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement 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-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under the Constructions Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in Â§VII, paragraph A of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the -6- BOOK 539 PAGE 635 delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. V. EASEMENTS AND RIGHTS OF WAY The Plat sets forth certain easements and rights-of- way, and anticipated relocations that will be necessary to cause the improvements anticipated thereon, which easements and rights-of-way include the following: A. Private Access and Utility Easements. Owner dedicates and grants to City for the benefit of public utilities, and City hereby accepts the access and utility easements shown and dedicated on the Plat. B. Public Trail Easement. Owner hereby dedicates and grants to City for the benefit of the public, and City hereby accepts the Public Trail Easement described on the Plat. Provided, however, that the use of this easement by the public is conditioned upon the construction of a trail between the east property boundary and the Roaring Fork River linking this trail to the Aspen Club Trail, or the construction of the Gordon Bridge with an associated public right-of-way to State Highway 82. City agrees that it will save and hold Owner harmless from all claims, causes of action, suits, damages or demands whatsoever in law and in equity which may arise out of or as a consequence of City's negligence in maintaining, repairing and utilizing the easement premises, as well as public occupancy and use of the trail. C. Ute Avenue Dedication. Owner hereby dedicates and grants to City, and City accepts an additional ten foot (10') easement to the existing Ute Avenue right-of-way from the edge of The Gant Condominiums to the entrance of the project as more clearly shown on the Final Plat. Owner hereby dedicates a ten-foot (10') street widening easement along Lot 1, Hoag Subdivision. Owner hereby reserves the right to construct the improvements which widen Ute Avenue. Owner further reserves the right to maintain the landscaping in the Ute Avenue right-of-way. VI. OTHER DEDICATIONS A. Exemption. The employee housing unit located on Lot 17-R constitutes a bona fide low-income housing development and Owner and City hereby agree to the exemption of the same from the application of the park requirements of Section 20-18 of the Aspen Municipal Code. B. Park Dedication Fee. A park dedication fee in the amount of $71,000.32 is owed by Owner. The calculations of -7- in FOOK 531, PAGEd]6 this payment is more fully set forth on Exhibit "C" attached hereto and made a part hereof by this reference. Owner is dedicating land to City. A letter appraisal has been submitted to City which shows a valuation for the park in excess of the park dedication fee owed by Owner. Therefore, no park dedication fee is owed by Owner. C. Granting of Land. Owner hereby dedicates to City and City accepts a parcel of land of approximately 1.6 acres as shown as Out Parcel A on the Final Plat. Owner shall improve the land as represented in the GMP Application. Owner shall install an irrigation system in the park and construct a gravel parking lot for ten (10) cars for the park thirty feet (30') from the property line of Hoag Lot 2 with a birm of eight feet (8'), and shall plant two (2) evergreen trees. City shall own and maintain the irrigation system and City shall be responsible for the maintenance and upkeep of the land as a park. The following restrictive covenants shall be placed on the land and shall run with the land: (a) overnight parking in the proposed public park shall be prohibited, and (b) the land shall be maintained as a passive park and provide for Nordic/Alpine skiing and hiking access to Aspen Mountain. Owner, or his successors and assigns, shall have the right to prosecute any action to 'enforce these covenants by injunctive relief. The prevailing party in any enforcement action shall be entitled to an award of costs and attorneys' fees. City agrees that it will save and hold Owner, its successors and assigns, harmless from all claims, causes of action, suits, damages or demands whatsoever in law or in equity which may arise out of or as a consequence of City's negligence in maintaining, repairing and utilizing the land. VII. OPEN SPACE AREA MANAGEMENT, MAINTENANCE AND USE Owner agrees that easements for the Ponds, Landscaping and Maintenance Easement areas as depicted on the Final Plat shall be granted to the Homeowners' Association to insure consistent maintenance. The Ponds, Landscaping and Maintenance Easement Areas may be improved and used as set forth in the Protective Covenants for the subdivision. Responsiblity to the Homeowners' Association in this respect may be contractually delegated to a private property management company to a salaried employee of the Homeowners' Association. The following shall also apply to the Homeowners' Association hereinabove referred to: A. Formation. The Homeowners' Association shall be fully formed and established prior to the closing of a sale of any lots within Ten Ten Ute Subdivision. B. Documentation. Operative documents for the Homeowners' Association shall include articles of incorporation, bylaws, and rules and regulations. The -8- r, 77 gnot{ Dz,9 PAGE{%1 1 Homeowners' Association shall have the duty to enforce such protective covenants as will be recorded by Owner for the purpose of preserving the architectural and aesthetic compatibility of the entire development and its component features. C. Membership Mandatory. Membership in the Homeowners' Association shall be mandatory for each owner of the fee simple Lots 1 through 16 and shall be automatic upon the recordation of any instrument transferring a legal ownership interest (excluding standard security interests) in or to any of such lots. D. Insurance, Taxes, Maintenance. The Homeowners' Association shall be responsible for a blanket liability and hazard insurance policy with respect to the open space easement areas, as well as taxes and maintenance of Lot 17-R. E. Assessments and Liens. The Homeowners' Association shall have the power to levy assessments which will become a lien on individual fee simple Lots 1 through 16 for the purpose of paying the cost of operating and maintaining open space easement areas and Lot 17-R, as well as any other right to assess and lien granted in the Protective Covenants. F. Board of Managers. The board of managers of the Homeowners' Association shall consist of at least three (3) members who shall be owners of the fee simple Lots 1 through 16 within the development. G. Section 24-8.19(b) Requirements. Owner shall record covenants reflecting the above-described responsibilities, purposes and powers of the Homeowners' Association. In the event the Homeowners' Association (or any successor organization) shall fail to maintain said ponds, landscaping and maintenance areas, the procedures and rights of City more particularly described in Section 24-8.19(b) of the Aspen Muncipal Code, which is hereby incorporated by reference as if set forth verbatim herein, shall then and there go into effect and apply. Owner further acknowledges that the procedure set forth in Section IV above, pertaining to the procedure for default and amendment of this agreement, shall not be required with respect to the enforcement and implementation of common facilities maintenance as set forth and required by Section 24-8.19(b). VIII. WATER Owner and City have entered into a Raw Water Agreement recorded in Book 539 at Page 65-9 in the office of the Clerk and Recorder of Pitkin County, Colorado. Treated water service lines shall be installed as shown -9- BOOK 539 PAGE638 on Utilities Sheet attached to the Plat. City agrees, on approval of the agreement, working drawings for the water system, and the signing of this Plat through its Water Department, to supply water service to Ten Ten Ute Subdivision on the same basis as other customers, and subject to the rules and regulations of the Water Department. Lot owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedule presently in effect at the time water service shall be extended to the improvements. IX. SEWER Sewer lines shall be installed consistent with the provisions contained within the Utilities Sheets attached to the Plat. Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedules in effect at the time sewer service shall be extended to the improvements. Lot owner agrees that engineers from the Metropolitan Sanitation District shall be entitled to inspect the construction of the main trunk sewer lines. Upon completion, these lines will be turned over to the Metropolitan Sanitation District, together with such appropriate easements as may be necessary. X. FINANCIAL ASSURANCE Those portions of the Improvements and Landscaping for which financial assurances have been requested by the City Engineer, and which hereby are agreed to be given as described on Exhibit "E" attached hereto and made a part hereof. The guarantee to be provided by the Owner shall be in the form of an irrevocable bond, sight draft, or letter of credit from a responsible financial institution. The guaranty shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right upon clear and unequivocal default by Owner to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party with an excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion the improvements; PROVIDED, HOWEVER, that ten percent (10%) of the estimated cost shall - 10 - BA< 1 80011 5'~19 PAGEDJ J be withheld until all proposed improvements are completed and approved by the City Engineer. Owner, its successors or assigns, hereby agrees to further provide unto City a warranty as to the fire hydrant improvements described on Exhibit "D" for a period of one (1) year from and after written acceptance by City of the hydrants. It is the express understanding of the parties that the procedure set forth in Section IV pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of financial assurance and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) and 24-8.16 of the Aspen Municipal Code. XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of 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. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application 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 Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. Upon execution of this agreement by all parties hereto, City agrees to approve and execute the Final Plat for Ten Ten Ute Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee and cost to City by Owner. For its part, Owner hereby - 11 - r .-,r BOOK Dilu PAGE~40 ratifies and confirms each and every representation and public dedication made and set forth on said Plat. G. Notices to be given to the parties to this Agreement shall be considered to be given if 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 1010 UTE CORPORATION City Manager David G. Behrhorst 130 S. Galena Street P.O. Box 9046 Aspen, CO 81611 Aspen, CO 81612 H. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described in Exhibit "A" hereto and any and all owners thereof, their successors, grantees or assigns and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. I. Owner represents and warrants that it is the fee title owner of the subject parcel with full authority to enter into this agreement, and that any and all persons, firms or entities having any lien, encumbrance or interest in the property have consented to the dedications, restrictions, and conditions of approval set forth herein, and that this agreement shall not be recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, nor shall any of the approvals granted herein take effect without the written consent (or subordination, if applicable) of any such person, firm or entity. IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respectively indicated, in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN, a Colorado municipal corporation 11,4 William L. Stirling, MayoP : F~'' City Clerk 'kiixii-,r 0 '0 +AU'DITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE) - 12 - BOOK JAU PAGE641 1010 UTE CORPORATION th *-_b h U 0 0 , By 1,4.>~.' 1 12/{Ct,ri *4- David G. Behfhorst, Vice-President ATTEST: APPROVED AS TO FORM: Aspen City Attorney Â»fli '~U fl)/1~- By PR [ Acp~c.,d- 4 \ Paul J. Tad:Une I I +52 -7,1) 6-111 Bedrishah Wilson, Assistant Secretary STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) ,--:Â»Â·.-. The foreqcing instrument was acknowledged before me this /0 2 ~,.,8.,49*Â«day o f 1)Â§.9J.--Â· 1987 by WILLIAM L. STIRLING as '~ <$\ E CI T. a Colorado municipal corporation. and KAg}fRYN S. KOCH, as City Clerk on behalf of THE CITY i ft'+ *~0,~A~f. ~*TNESS my hand and of ficial seal. ..:~I,''foi,0,0,4/~ 131 Commission expires:,2/(97/7~ 1-9/ 80-2 li i le.h 0 QA{-12- (.FLÂ· NotaryjPublic 4*1'STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) ~.7 The foregoing instrument was acknowledged be#64;,.meÂ·.,this / day of T 0 14 , 1987, by DAVID G./4/Â¥Â®iQRK< #s Vice-President, and BEDRISHAH WILSON, as Assistant/se3retkry.35. 2 I . 1 1010 UTE CORPORATION, a Colorado corporation. 4 - ? WITNESS my hand and offigia} seal-2 . 40 r ij (EM#:273~ i My Commission expires :~4071 /2,924 7 Al*3 - ..00 4.4 + 1:,4 // -Â·Notary i~ic , 1. t. pud agr/LOWE - 13 - BOOK 5'39 PAGE642 EXHIBIT ';A" TO P.U.D AND SUBDIVISION AGREEMENT FOR TEN TEN UTE SUBDIVISION KNOW ALL MEN BY THESE PRESENTS, that 1010 UTE CORPORATION, a Colorado corporation, being the owner of all the following described real property being situated in the City of Aspen, Pitkin County, Colorado: A tract of land situate in Section 18, Tbwnship 10 South, Range 84 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the south boundary line of the DRC Subdivision, City of Aspen, County of Pitkin, State of Colorado, whence a brass cap for Aspen Townsite Corner N' 1 bears S 28'28'00" W 150.50 feet; thence N 28'28'00" E 134.56 feet along said south boundary; thence N 89'34'42" E 382.32 feet along said south boundary to the southerly boundary of the Calderwood Subdivision in said City of Aspen; thence alond said southerly boundary , the following eight oourses: 1) S 27'07'30" E 34.98 feet; thence 2) S 28'24'46" E 58.00 feet; thence 3) S 69'49'11" E 31.15 feet; thence 4) N 67'52'49" E 113.22 feet; thence 5) N 48'51'50" E 32.32 feet; thence 6) N 21'19'14" E 93.58 feet; thence 7) N 42'49'14" E 40.95 feet; thence 8) S 61'24'25" E 75.42 feet; to line 9-8 of Tract B of the East Aspen Tbwnsite Addition, thence S 00'21'00" W 468.13 feet along said 9-8 line to the north line of a tract of land described in Book 260 at Page 632 of the records of the Clerk and Recorder of Pitkin County, Colorado; thence N 90'00'00" W 183.52 feet along said north line to the easterly line of Lot 6 of The Hoag Subdivision in said City of Aspen, thence N 50'39'00" W 283.00 feet along said east line of Lot 6; thence S 25'27'09" W 323.34 feet along the northwest line of said Lot 6 to the easterly right-of-way ' line of Ute Avenue; thence N 27'05'15" W 283.03 feet along said right-of-way line; thence N 33'39'45" W 186.72 feet along said right-of-way line to the point of beginning containing 6.054 acres more or less. f Also, Lot 1, Hoag Subdivision, County of Pitkin, State of Colorado, containing 1.583 acres more or less. HOOK 539 me643 EXHIBIT "B" SITE DATA TABULATION Lot Size: Improvement Envelope Lot No. Acres Square Feet Area Square Feet Lot 1 0.69 30,073 8,264 Lot 2 0.55 24,307 8,098 Lot 3 0.34 15,188 8,037 Lot 4 0.33 14,806 7,887 Lot 5 0.47 20,650 7,542 Lot 6 0.65 28,599 7,274 Lot 7 0.34 15,102 6,762 Lot 8 0.47 20,733 5,755 Lot 9 0.23 10,058 3,406 Lot 10 0.23 10,320 3,697 Lot 11 0.18 7,988 4,697 Lot 12 0.18 7,918 4,149 Lot 13 0.16 7,365 4,310 Lot 14 0.21 9,196 6,051 Lot 15 0.24 10,732 8,115 Lot 16 0.24 10,663 4,415 Lot 17-R 0.45 20,005 5,969 Outparcel A 1.58 68,954 N/A Total Subdivision 7.54 332,657 104,428 Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.; 2) Minimum FAR for Lot 17-R shall be 1,000 sq. ft.; and 3) Maximum FAR for each Lot, including Lot 17-R, to be set in the deed of conveyance to each Lot owner; provided, however, the total FAR for Ten Ten Ute Subdivision cannot exceed 68,900 sq. ft. as currently calculated by the City of Aspen Code in effect June 1, 1987. BOOK 339 PAGE644 EXHIBIT "C" PARK DEDICATION FEE PROPOSED DEVELOPMENT: Lot 1 4 BR Lot 2 4 BR Lot 3 4 BR Lot 4 4 BR Lot 5 4 BR Lot 6 4 BR Lot 7 4 BR Lot 8 4 BR Lot 9 4 BR Lot 10 4 BR Lot 11 4 BR Lot 12 4 BR Lot 13 4 BR Lot 14 4 BR Lot 15 4 BR Lot 16 4 BR Lot 17-R N/A * TOTAL 64 BR * Includes one (1) three-bedroom employee unit exempt from fÂ»:. park dedication fee requirements. The December 1986 purchase price of $1,775,000.00 for the whole parcel indicates the fair market value of the Property. Fee calculated as follows: $ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38 16 Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32 , 1 BOOK DJJ PAGE645 EXHIBIT "D" FINANCIAL ASSURANCE GUARANTY ESTIMATE 1. Realign and pave Ute Avenue adjacent to property: 24' wide with 3" mat and 8" gravel $ 29,500.00 2. 470' of curb and gutter $ 4,700.00 3. Realign and pave 10' wide bike path 470' $ 7,500.00 4. Irrigate and seed 10' wide landscape median $ 7,000.00 Â« 5. 6 street trees as shown on Final Landscape Plan $ 2,500.00 6. 2 fire hydrants $ 3,500.00 TOTAL $ 54,700.00 1 . STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION/GMP PROCESS FOR THE PURPOSE OF EXEMPTION PURSUANT TO Â§24-11.7 FOR TEN TEN UTE SUBDIVISION, CITY OF ASPEN, COLORADO WHEREAS, 1010 UTE CORPORATION, a Colorado corporation, (hereinafter referred to as "Ute") is the developer of a parcel of real estate known as Ten Ten Ute Subdivision, which has heretofore previously been awarded a single-family development allotment under the Growth Management Quota System; and WHEREAS, Ute has requested permanent exemption from the time provisions contained in Â§24-11.7, as recently amended; and WHEREAS, the City Council of Aspen, Colorado, at its regular meeting on February 8, 1988, determined that Ute's request for such exemption was appropriate and granted the same. NOW THEREFORE, the City Council of Aspen, Colorado, does determine that the application for exemption from the time limits set forth in Â§24-11.7 of the Municipal Code of the City of Aspen, Colorado, is proper and does hereby grant a permanent exemption from the time limits set forth in Â§24-11.7 for the Growth Management System Development Allotment granted to Ten Ten Ute Subdivision. DATED this -3/;* day of ~773/_4-2/c , 1988. APPROVED AS TO FORM: CITY OF ASPEN, a municipal i corporation \ N .r /1 . ' i i fl-.e ~.t,. ...-t,â‚¬. 11 ~~~~<'~~Â»U ~Â·Â· f,-\ ~~~l~ ~~~\C~~~Â·,-By ~' ~~ ~ PAUL J. TADDUNE, City Attorney WILLIAM L. STIRLING, Mayd~ I. KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision/GMP Process for the Purpose of Exemption Pursuant to Â§24-11.7 for Ten Ten Ute Subdivision, Aspen, Colorado, was considered and approved by the Aspen City Council and that the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. / i /626/2- otot,-t .x < ./ >f' / KATHRYN B: KOCH, City Clerk STATE OF COLORADO ) v SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 21- day of -7 i ldU .OK.-9 , 1988, by WILLIAM L. STIRLING, as Mayor, and KATHRYN S. KOCH as City Clerk of the CITY OF ASPEN, a municipal corporation. WITNESS my hand and official seal. 0 My commission expires: o29&41/9, i i 4--424Â»LL 0-0 Notar~ Public \land\excpstmt.5 i 8OOK 561 PAGE 179 CD FIRST AMENDMENT CO r FINAL PLAT OF 2 0 TEN TEN UTE SUBDIVISION - 0 00 n CITY OF APSEN, COUNTY OF PITKIN, STATE OF COIDRAIXPO THE FOLLOWING AMENDMENTS are hereby made to the Final Plat of Ten Ten Ute Subdivision recorded in Plat Book 19 on Pages 80 and 81, June 19, 1987, in the records of the Clerk and Recorder's office, Pitkin County, State of Colorado. 1) Maximum Building Height on Iot 1: In accordance with Section 24-8.3(a) of the Municipal Code of the City of Aspen, Colorado, the maximum building height shall be measured from an initial grade elevation of 7967 MSL. 2) Improvement Envelope on Lot 9: The Improvement Envelope is amended to change the northerly line of said Envelope so that it is two feet southerly of, and parallel to, the southerly easement line of the twelve foot Public Trail Easement on Lot 9. The amended area of the Improvement Envelope of Lot 9 is increased by 305 square feet to a total of 3711 square feet. The amended Improvement Envelope of Lot 9 is shown below. -- 0/- - -..0...I-- ------- --- -- ----55-1***Â·fli.u.*,h-22--0*- N ./ // / // / 24/ 1 SCALE: 1"= 20' 41 1 //0 1 1 'l 11 /ll LOT 9 / 1 \ 1 1 / \1- / 1&.00 1 \90. 1 / I / / <jig 58.37' / / N90'00'00'W / 1 . 196â‚¬,v / i 1 <7 1 1 1 1 1 1 1 1 1 l /\/ 1 1 / ~ LINE BEARING DISTANCE / / 1 N89'02'36"E 10.79 1 1 / CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD 1 .1 1 34Â°45'35' 54.00 16.90 32./U N51'39'48'E 32.26 1 1 1 1 Ap-4 'i PITKIN CNTY WA 29916 0 SILVIA D.'.VI \\ .JE.gr M.00.;2.0 S :' PUBLIC TRAIL EASEMENT BOOK 561_ PAGE~NO 3) Utility Easements. The Utility Easements are amended as follows to reflect the actual or as-built locations of utilities within the Subdivision. More specifically, the twenty-foot (20') Utility Easement through Lots 1, 17-R, 5, 6, 9, 11 and 10 described as follows is hereby deleted and vacated: Beginning at a point on the westerly line of said Lot 1, whence the northwest corner of said Lot 1 bears N 33'39'45" W 18.13 feet; thence N 43'55'01" E 100.62 feet; thence S 50'44'39" E 155.02 feet; thence N 64'02'12" E 97.19 feet; thence S 75'33'52" E 187.90 feet; thence N 15'47'08" E 71.55 feet; thence S 87'37'02" E 147.10 feet; thence N 31'50'11" E 102.00 feet to the point of ending. Also, that twenty foot (20') Utility Easement through Lots 9 and 10 described as follows is hereby deleted and vacated: Beginning at a point on the northwesterly line of Lot 9 of said Ten Ten Ute Subdivision whence the southwest corner of said Lot 9 bears S 21'19'14" W 52.58 feet; thence S 42'24'00" E 16.73 feet; thence S 21'19'14" W 90.58 feet; thence S 57'02'29" W 50.36 feet to the point of ending. A twenty foot (20') Utility Easement for sanitary sewer facilities in place, the centerline being described as follows is hereby granted to the Aspen Consolidated Sanitation District: Beginning at a point on the westerly line of Lot 1 of said Ten Ten Ute Subdivision, whence the southwest oorner of said Lot 1 bears S 27'05'15" E 19.85 feet; thence N 73'56'42" E 54.76 feet; thence N 17'59'52" E 120.24 feet; thence N 64'38'24" E 95.26 feet; thence S 77'23'29" E 118.19 feet to the point of ending. A Utility Easement of variable width from twenty feet (20') to thirty feet (30') in width and described as follows, is hereby granted to the City of Aspen a public utility easement including, but not limited to, potable water facilities in place and the Aspen Consolidated Sanitation District for sanitary sewer facilities in place: Beginning at the southwest corner of Lot 9 of said Ten Ten Ute Subdivision; thence N 21'19'14" E 57.75 feet along the west line of said Lot 9; thence S 42'24'00" E 19.99 feet; thence S 02'55'33" E 29.41 feet; thence S 21'19'14" W 98.92 feet; thence S 13'34'03" E 143.26 feet; thence S 23'46'19" W 93.25 feet; thence N 66'13'41" W 20.00 feet; thence N 23'46'19" E 86.49 feet; thence N 13'34'03" W 160.27 feet; thence N 21'19'14" E 68.78 feet to the point of beginning. CITY APPROVAL AND ACCEPTANCE The First Amendment to the Final Plat of Ten Ten Ute Subdivision with respect to the initial grade elevation for measuring the maximum Building Height on Iot 1 noted herein is hereby approved and accepted by the City Council of the City of Aspen, this /344-, day of Z~~,2.Uit , 1988. A- Mayor / S : 4 6- PLANNING DEPARTMENT APPROVAL "'li $,1., The First Amendment to the Final Plat of Ten Ten Ute Subdivision is approved -Ely the Planning Director of the City of Aspen this 0 9. day of Aft'\ , 1988. By *1 4~ L.-9 Planning Director -2- Boox 561- PAGE181 CITY ENGINEER'S APPROVAL The First Amendment to the Final Plat of Ten Ten Ute Subdivision is approved by the City Engineer of the City of Aspen this 2 6 day of , 1988. citlil-nglnccr OWNER'S CERTIFICATE The First Amendment to the Final Plat of Ten Ten Ute Subdivision is approved. 1010 UTE CORPORATION, corpo ation- David G. Behrhorst; Vice Pres ident 1*UN,/ 4/<MAE Ot Â·CWAORADO ) ~ .4 / A r A R r ,< 0 ) ss. Dih]NrYÂ·'OF fITKIN ) i n n LI~w Â·i . 411-eUfdregoi44 instrument was acknowledged before me this 3 / day of 0>.4.017*8--, 1988, by David G. Behrhorst WITNESS my hand and official seal. My commission expires: r '1 1 .-_Al 4 24Â« - f kâ‚¬u L uld.ll uf.CE -- Notary Public C J.L. Pardee, Lot 5 Robert D. Scinto and Barbara Scinto, Lot 6 Gene Golub, Lot 2 Susan Fleet Welsch, Lot 3 Kenneth S. Gottleib and Karen Gottleib, Lot 4 Brian Michael Wilson, as Trustee of Brian Michael Wilson inter vivos Trust Agreement dated April 29, 1981, Lot 7 Joseph S. Gross and Ursula B. Gross, Lot 8 Stefan T. Edlis, Lot 10 David E Hocker, and Mary Jane Hocker, Lot 13 Peter C. Meinig, Lot 14 Phyliss S. Hojel, Lot 15 Ui-etor H. Palmieri, Lot 16- 4 ,1 41153 b Loic30- David G. Behrhorst, as their Attorney-in-Fact STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 1 1. .':. p,.=4.-201*faing instrument was acknowledged before me this 3/ day of 44.-'- /11/1.tÂ·-0~41 , 1988, by David G. Behrhorst as Attorney-in-Fact on f:LE*Half Of.Dene Golub, Susan Fleet Welsch, Kenneth S. Gottleib and Karen 34 tbtl~Peib,:Brian Michael Wilson, as Trustee of Brian Michael Wilson 'k #*erlyÂ£*9Â§ Trust Agreement dated April 29, 1981, Joseph S. Gross and 1.urs@la B~:4Gross, Stefan T. Edlis, David E. Hocker and Mary Jane Hocker, 0.. Jkpater:-G :Weiniq, Phyliss S. Hojel, Victor H. Palmieri , J.L. Pardee, Â£(AdOkâ‚¬ert D. Scinto and Barbara Scinto. i , 1 . 1 t! 1 , WITNESS my hand and official seal. My commission expires: 11-0-911 j}U.6 1 +Ju-,i* 1/11&1-0,Â« Notary Public c c -3- 0 1,0440 . 50 . _= 561 MGE182 TEN TEN UrE HOMEOWNERS ASSOCIATION, INC., a~elerado corppration. - 0-243 2Â£Â«*D~f - David G. Behrhorst, President ATTEST: -~LU (134-.L Bedrishah Wilson Assistant Secretary STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) , 1988, by David G. Behrhorst, President, on behalf of "Â·Pteqoing instrument was acknowledged before me this J / day of Aae--4UA"RA* - Ute HOmeowners Associates, A Colorado corporation. f i A ~' .. WITNEES my hand and official seal. ~ i. P u ,+IY'&*mission expires: [(9 989 Â«0Â«0 , 11-4 214 WL Ll /40 er 6. Notary Public C 0 CLERK AND RECORDER' S ACCEPTANCE This First Amendment to the Final Plat of the Ten Ten Ute Subdivision was accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado, at o'clock M., this day Of , 1988, in Plat Book , at Page(s) , Reception No. Pitkin County Clerk & Recorder -4- - 11 , 9/ fl - -3 MEMORANDUM TO: Aspen City Council - THRU: Robert S. Anderson, Jr. , City Manager 'VWK FROM: Alan Richman, Planning and Development Director A-61 RE: 1010 Ute Avenue Height Variation Confirmation DATE: January 15, 1988 I have received the attached letter from Gideon Kaufman, on behalf of Skip Berhorst and the 1010 Ute Avenue development. Gideon identifies a minor oversight in the review of that project by both the applicant and staff which has serious ramifications for the purchaser of Lot 1. Essentially, the problem is that the Code requires height to be measured from natural grade. As you may recall, the 1010 Ute Avenue site was represented as requiring extensive regrading to accomplish the applicant's objectives and to recontour a site which had been previously disturbed. On the applicant's concep- tual, preliminary and final submissions, a pad elevation was shown for Lot 1 at 7967. What was not mentioned was the fact that existing grade was 7962, which meant that a variation from the manner in which height is calculated was required to allow the 28 foot height to be measured from finished grade. From our review of the records it is clear that the pad elevation was consistently represented by the applicant. It is also clear that elevations and grading plans were reviewed showing the extent of regrading which is taking place on this site. There has never been any misrepresentation of the situation;instead there appears to have been an oversight regarding placing a note on the plat that the method of measuring height for this site would be varied. Since Section 24-8.3(e), Variations, indicates that the only way a variation may be granted is if it is shown on the final plat, and since Section 24-8.26, Amendments, does not give me the authority to amend the plat in this manner, we seek your author- ization for the Mayor to sign an amended plat which includes this notation. Unless this item is removed from the consent agenda, or is otherwise not approved, we will direct the applicant to make the required clarification to the recorded plat for its signature. .id i i f-I----/ lit J// 1 2 '09% LAW OFFICES litZ ' GIDEON I. KAUFMAN ~ L APROFESSIONALCORPORATION -7- ......- 2 BOX 10001 i_----â€¢Â·Â·Â·Â·..-- TELEPHONE GIDEON I. KAUFMAN 315 EAST HYMAN AVENUE, SUITE 305 AREACODE 303 RICHARDS. LUHMAN ASPEN, COLORADO 81611 925-8166 January 11, 1988 HAND DELIVER Mr. Alan Richman Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81612 Dear Alan: Pursuant to our meeting this morning, I write this letter to formally request that you seek approval from the City Council to authorize the signing of an amended Plat for Ten Ten Ute Subdivision. The change we are seeking designates the pad elevation for Lot 1 to be used as base elevation for measuring height. As we discussed, this was always the intention of both the applicant and the Planning Office, and was represented as such consistently through Conceptual, Preliminary and Final P.U.D. This variation was not placed on the Final Plat through a mutual oversight. There is no question, however, that the intent to have the pad elevation used to measure height on Lot 1 was clearly represented by the applicant throughout the review process. The original grade was 7962; the new grade pad elevation is 7967. I hope that you will be able to get this request on a consent agenda for the City Council as soon as possible. As we discussed, we have relied upon pad elevation in our height measurements for developing plans. There is a purchaser of Lot 1 who would like to move forward with those plans and, therefore, time is of the essence. Both Skip and I would like to thank you for your thoughtful attention to this and the help that you have given us in this matter. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a P]~pf-essi.~E~~Corporation Gi,0/eon Kaufman GK/bw CC: Skip Behrhorst 1010 Ute Corporation IL Post Office Box 9046 Aspen, Colorado 81612 Telephone: (303) 925-6537 --- December 15, 1987 DECI 6 987 Alan Richman, Planning Director 11\\1 City/County Planning Department 2 , 11 City of Aspen l 130 South Galena St. Aspen, CO 81611 RE: Ten Ten Ute Subdivision Administrative Amendment Dear Alan: This letter will summarize our request for an administrative amendment regarding a minor adjustment of the building envelope on Lot #9 at Ten Ten Ute and a reaffirmation of the building pad elevation for Lot #1. A) Lot #9 - Building Envelope Adjustment When we originally laid out the building envelope for Lot #9 in relation to the "Option C" bike path alignment on the 50 foot to 1 inch scale drawing, it appeared tight, but worked as a building lot and building envelope. When the engineer transferred this information to the final plat, the bike path easement was erroneously moved farther south away from the property corner. As a result, the building envelope moved farther south than intended. When we laid out the building foot print on a 1/8" scale to try to make things work, the problem and the error became apparent. We are therefore requesting an administrative approval for a minor change in the location of the building envelope along the south edge of the bike path easement. (see attached site plan drawing dated November 23, 1987). This adjustment has been discussed with Georgeanne Waggeman and John Hayes, adjacent owners in Calderwood, and they are in support of this amendment. We would like to proceed with a plat amendment to accommodate this minor change and would appreciate your's and the Engineering Department's directions in how this can be specifically accomplished through an administrative approval. A Subsidiary of Lowe Development Corporation 1!L Alan Richman December 11, 1987 Page 2 B) Lot #1 - Clarification Building Pad Elevation As you will recall, the pad elevations for each lot were graphically and numerically depicted on the Grading Plan, Page #3 of the Conceptual P.U.D./Subdivision, Submittal dated December 1, 1986. Specifically, the approximate pad elevation for Lot #1 was shown as 7968 ft. This same elevation (7968 ft) was on the final grading plan of the engineering work drawings finally adopted and constructed for Lot #1. The final grading plan was consistent with these pad elevations originally submitted on the conceptual plan. As you know, we are obligated to adhere to all representations made as originally submitted in the GMP Process. I believe this is one of the representations that was made originally and should be carried forward and adhered to. I believe that the pad elevation for Lot #1 at 7968 ft, based on the conceptual and final grading plan represented to you, is binding not only on us but should be binding on the public bodies that approved it. Therefore, the pad elevation represented by us and accepted by you should control building height measurements. Thank you for your cooperation and attention to this letter. I look forward to hearing from you at your earliest convenience. Sincerely, Sh,GL,&7 David G. Behrhorst Vice President CC: Glen Horn Gideon Kaufman DGB/ar Trt 96 11 4,77 11 1,1. S \ =Â»*k 24 ..1 -Vu " '7 .1,49 4*U\......14 C A..1.7-1, li IL>V O <1 zi --9'-i:'J4. '4 i " f f 1 1 k / ,- / 2/4.*-23.~. 1:'~~ 22/79.;Â·~.*. ; i* B ; 11 52554 / ( : ..9 I I Al . -1 ,12 4:2~:,-~ - Â·,-: -L'.r---UÂ·' ' ut---**difAÂ·Li,' -24,*Sy<,4 917 i ..7.J /X..,f t:ilm< 1 5 i / ,Â·, 0 4 1.2 ./. 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GRADING PLAN 3 h=RA-T i 100 , Recorded at - o'clock-M., - 1-oux 539 PAEÂ£654 Reception No. -Ifecarder. iE RECORDE#'S STAMP THIS DEED, Madethis ~~ dayof Truip '72- , 1987 -4 C= I- between 1010 UTE CORPORATION Z 0 OF Z< -C- 35 a corporation duly organized and existing under and by virtue of the laws 0 '2 ofthe Stateof Colorado of the first part, and ~ gE 0 03 THE CITY OF ASPEN 9,= 7 , municipal - 0 aforporation auly organized and existing under and by virtue of the laws of the state of Colorado of the second part; whose legal address is 130 South Galena Street, Aspen, CO 81611 WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration----------4466Â·AÂ·Rg to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain, , sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described or parcel of land, situate, lying and being in the Countyof Pitkin and State of Colorado, to-wit: Outparcel A (formerly Lot 1, Hoag Subdivision), TEN TEN UTE SUBDIVISION, according to the Plat thereof recorded -4 1.: A.u (7 , 1987, in Plat Book \9 at Pages iD through <% 1 in the office of the Clerk and Recorder for Pitkin County, Colorado, subject to the easements and rights-of-way set forth and described on the Plat of said subdivision. This Deed is made subj ect to the covenants, conditions, restrictions and reservations attached hereto as Exhibit "A" and incorporated herein by this reference. alse-lenown-aeÂ·street-aad-BÂ·umber TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its successors and assigns forever. And the said 1010 UTE CORPORATION, party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and othergrants, bargains, sales, liens, taxes, assessments and incumbrancesof whatever kind ornature soever; except general real estate taxes for 1987 and subsequent years, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, thesaid partyof thefirst partshall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. 1010 UTE CORPORATION, a Colorado Attest: , corpor*tion r) ,7 A Cl /7 jftt~~hik-tflion,UJU--(31- 50-71. 13*Â£Â« 1.3 1441-Â« - Assistant Secretary. David G. Behrhorst, Vice-President. STATE OF COLORADO, I SS. Coiinty of Pitkin - 1 7 ~ day of /6'Â»99.:4.....1 1 The foregoing instrument was acknowledged before me this ., Â· .. V ... 19 87 , by David G. Behrhorst as Vic.8- Presi(Swbâ€¢fnd â€¢. P ~ Bedrishah Wilson as Assist:~~tÂ¥ ..S~~~44~ .~ ; 1 1010 UTE CORPORATION, , -- ,-4 CO**47 L..2 .9 STATE DOCUMENTARY FEE Mynotarialcommissionexpires /â‚¬411(Â¥4 1 X +. -3.4.: Ail' Witness my hand and AfigiaVAedÂ· / V\ . / ,UL' 2-987 -Â·~tÂ»(,71 ' 4.Notary Pdb'M. :,5, l, Eq. 767. WA~~~Â¥ DEED-Corpcration to Corporation- Bradford Publishing, 5825 W. 6th Ave. Lakewood,CO 80214-(303) 233-6900-2-82 13='Ill'I -"'--...- 29028 6 rl 2 :.I- '2 WARRANTY DEED f 0 ~2 0 :7 eC i,2 11 TO STATE OF COLORADO â€¢ SS. County of I hereby certify that this -Instrument was filed for record in my o ffice this dayof , A.D. 19 $ at o'clock-M., and duly recorded in Book , Page Film No. Reception No. Recorder By Deputy. Fee,$ - 1, . f BRADFORD PUBLISHINGCO 2 0 2 /5'' - I.. - f ? 94+2 -. 2 7, 3 i v~ h. t--1 ' L I. - BOOK 539 2,1GF655 EXHIBIT "A" COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS TO THAT CERTAIN DEED DATED -Juve / 9 , 1987, FROM 1010 UTE CORPORATION TO THE CITY OF ASPEN THIS DEED is made upon the express condition that the property hereby conveyed shall forever be used and maintained as a passive public park whose primary purpose is to provide Nordic and Alpine ski, as well as hiking access to Aspen Mountain, and that overnight parking shall forever be prohibited within the boundaries of said park. THIS DEED is made upon the further express condition that the City of Aspen, or its successor in interest, shall own, maintain and operate the irrigation system to be installed in said park, and be responsible for the maintenance and general upkeep of the park once the improvements, as represented in the GMP Application of 1010 Ute Corporation, are constructed and installed. THIS DEED is made upon the further express condition that the City of Aspen agrees that it will save and hold Grantor, its successors and assigns, harmless from all claims, causes of action, suits, damages or demands whatsoever in law or in equity which may arise out of or as a consequence of the City's negligence in maintaining, repairing and utilizing of this parcel. GRANTOR hereby reserves unto itself, its successors and assigns, the right to prosecute any action to enforce these covenants by injunctive relief. The prevailing party in any such enforcement action shall be entitled to an award of costs and expenses, including attorneys' fees. GRANTOR hereby reserves unto itself, its successors and assigns, the right to go upon and modify the surface of said property for the purpose of constructing and installing the improvements represented in its GMP Application, as well as the right to construct the improvements which widen Ute Avenue, together with the right to maintain the landscaping in the ten foot (10') easement reserved for street widening. 04 .A 09 /1* O-u~L { 30 9>, j-Â»-Â£u 4'19 paj51 Recorded at *020*lt 336.65.19 2 7 80{1% C u Reception No 73732-'7~"- SILVIA DAVIS MTKIN COUNTY RECORDER DEDICATION OF REAL PROPERTY TO EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES FOR LOT 17-R, TEN TEN UTE SUBDIVISION, ASPEN, COLORADO li THIS DEDICATION, made and entered into this / 7 -day of , 1987, by 1010 UTE CORPORATION, a Colorado corporation (hereina fter re ferred to as "Owner") and the City of Aspen, Pitkin County, Colorado, a Colorado municipal corporation (hereinafter referred to as "City") . WITNESSETH: WHEREAS, Owner is the record owner of the following described real property and the improvements located thereon situate in the City of Aspen, Pitkin County, Colorado, to wit: Lot 17-R, Ten Ten Ute Subdivision, according to the Plat thereof recorded in Plat Book \R at Page Po -8 1 in the office of the Clerk and Recorder for Pitkin County, Colorado. WHEREAS, pursuant to the provisions of that certain P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision recorded in Book '5319 at Page 0,31-9 in the office of the Clerk and Recorder for Pitkin County, Colorado, Owner is required to dedicate Lot 17-R to specific employee housing restrictions and guidelines; and WHEREAS, the City Council of the City of Aspen on June g-HA, 1987, approved the use of Lot 17-R, upon the filing of this dedication and declaration, to satisfy employee housing requirements of Ten Ten Ute Subdivision as reflected in the P.U.D. and Subdivision Agreement therefor recorded in Book 5 69 at Page &7) in the office of the Clerk and Recorder for Pitkin County, Colorado, which agreement is incorporated herein by this reference. WHEREAS, Owner represents and warrants that it is the sole owner of the property, with full authorization from any and all persons, corporations or entities which in any way may have an encumbrance, lien or other interest in or with regard to the property, to enter into this dedication and declaration. NOW, THEREFORE, for and in consideration of the execution and recording by the City of Aspen, Coloardo of the above referenced P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants and agrees as follows: 1. The use and occupancy of the employee housing unit constructed on Lot 17-R shall be and is hereby restricted exclusively to City of Aspen "low-income" employee housing use; occupancy and rental guidelines and qualifications as -1- voot< 5119 PAGE652 may be in effect from time to time. Verification of any employee's income and employment qualifications shall be accomplished by City of Aspen or its employee housing designee prior to and as a condition of occupancy. The unit shall be at least three-bedroom and shall be at least 1,000 sq. ft. Owner reserves the right to give employees and caretakers of the project first priority to occupy the unit. Occupants shall be selected by Owner. Owner shall charge low-income rent, but occupant's income may exceed low-income qualifications. The unit shall be constructed and a Certificate of Occupancy issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sale price guidelines for the unit shall be indexed to the annually adopted employee housing guidelines approved by City. 2. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to Lot 17-R, shall be binding upon the Owner, its successors and assigns, and upon all persons or entities having any right, title or interest in or to Lot 17-R or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of non-complying tenancies, all for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records. 3. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both Owner or its successors and assigns and the City of Aspen, Colorado and duly recorded in the Pitkin County real property records. 4. 1010 Ute Corporation hereby warrants and represents that any and all persons, firms or entities having any lien, encumbrance or interest in Lot 17-R have consented to this dedication and, further, that this dedication shall not be recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, without consent of any such person. IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the day and year first above written. OWNER: APPROVED AS TO FORM: 1010 UTE CORPORATION, a Aspen City Attorney Col o corpe atioan A A B+~ /~6~~~-~By --40 9 Tii 1-- O-1 vt' Paul J. Taddune (~ /~7~~~_LL-1. WapÂ¥-L- i WN*-&1 (ADDITIONAL SIGNATURE AND NOTARY ~C~NOWLEDGMENTS ON Nk*Ob PAGE) -2- 9 1 BOOK Dtki PAbt APPROVED AS TO FORM: ASPEN/PITEIN C~UN~359~ING AVHORITY 1/ Â»rYÂ»*n~_1*hl l##4444Â£ '- Director STATE OF COLORADO ) ) SS. eOUN'D*.OF PITKIN ) 4......I KA./rhe fhregoing instrument was acknowle,Â¢lged before me this :~~0 '70 '- "d,a.~ (b.-f tl~~P jx 1987, by bAU /0 j tblu-,7- as +141 of 1010 UTE CORPORATION, a Colorado . ~p* .~UB'|~~I~*SSf my hand and of ficial seal. '1 :,4 . ..,.M, cbmmission expires: fÂ¥//2> 27 j e + . r ... Nbtary Publ c U dedication/LOWE3 -3- . I :I ./:, Cs/1. Â· i; 2 1 . 4 /037 \L ELÂ©40. f - 44 GuL :...al , lEO S. 0 - Flu-i.-- . 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UJ LÂ¥4 lk'\136 Afe PIA" 4\ Â». F u-cux uo gor&% LA Â«4 61(OR 29(JÂ¥CI fi, , f Â°{ A ck Lu uj (kfor p *< toi 5 6\JU- 1 < .42---97 C LÂ«'~C C~- ~- '- ca--~ Fae-- -4 Â·,e. Frr- kijw 1-- I 1, . fl' F~ 6-1- e-ef~-1-6:=uwr5 e-k-fet, Le-_ a-F OLJ nâ‚¬.C -2/-2 \ AU.L.u In 3 V \U ar -2-3 , . S 1010 UTE AVENUE CONDITIONS OF PRELIMINARY APPROVAL 1) A subdivision/PUD agreement shall be submitted in conjunc- tion with the final plat submission. The agreement shall be reviewed by the City Attorney, City Engineer and Planning Office prior to final plat presentation to City Council. The agreement shall include the following provisions: ~,a. An open space and common facilities agreement in accordance with Section 24-8.19. b. Commitment to join all improvement districts affecting J subject property with the exception of the lodge improvement district as proposed by City Council in Resolution 87-1. J C. Necessary documents to convey open space to the City of Aspen. /d. Employee housing restrictions consistent with concep- tual subdivision approval. e. Commitment that representatives made during conceptual and preliminary plan submissions will be adhered to. f. Commitment to adhere to recommendations of Chen Associates regarding construction techniques and temporary protection of natural slopes, the Wheeler ditch and river. j g. A guarantee for the completion of utility/road/trail and landscaping improvements to Ute Avenue in the form of cash escrow or bank bond or other alternative in accordance with Section 20_16(c). h. Architectural covenants as proposed in submission. 4 i. Commitment to submit working drawings of water system to Water Department for approval prior to construction. ~, j . Commitment to replace and relocate to the satisfaction of the Fire Marshall and Water Department existing fire hydrant #742 prior to the issuance of a Certificate of occupancy for the first house. If replacement is necessary, it will be negotiated between applicant and City. k. Commitment to develop air pollution control plan to mitigate construction impacts shall be approved by Environmental Health prior to the issuance of a building permit. r -1 0 1. Commitment that all buildings comply with Ordinance 86- 5 regarding solid fuel burning devices. / m. Commitment to comply with noise abatement Ordinance 81- 12. / n. Commitment that in the event mine tailings are uncov- ered during excavation, the applicant shall have the soil tested for toxicity and the tests will be reviewed by Environmental Health prior to removal of any soil from the site. 5.0. City and applicant will calculate credit for donation of a park which will be credited against the park dedication fee that is owed. p. Commitment by the City to preclude overnight parking in proposed public park and that the City shall maintain the park as a passive recreational park with Nordic ski/hiking access to Aspen Mountain. 2) The final plat shall be in the following form and/or include the following information: Dedication of trail option C to the City of Aspen as depicted at the public hearing with use conditioned upon construction of proposed trail option A or the Gordon Bridge and a public right-of-way to SH 82. b. Note restricting building heights on lots 13,14 and 15 to 12 feet above east ridge. No roof shall exceed 12 feet above the centerline of the existing ridge, starting at the south property line of lot 15 and extending northerly through lot 15, lot 14 and a portion of lot 13, determined by an overall distance of 180 feet from the south line of lot 15. The height limit will not exceed 12 feet above the ridge center- line starting at elevation 8020.5 at the south line of lot 15 to elevation 7990 on lot 13. J C. Preparation of plan in accordance with Section 20-15. d. Drawing Index on first page. e. Note indicating that Ute Circle is a private roadway with public utility easements. f. Note on final utility plan to indicate that locations / where water and sewer lines cross separation shall be maintained or be encased per City standards. <g. A final grading plan which shall more clearly define the limits of cut and fill areas within the develop- ment. I '1 \ I A h. U<A more precise grading plan for the proposed trail linking Ute Avenue to the Nordic Trail above the park site on Ute Avenue. The parking lot in the park shall be located 30 feet from the property line of Hoag Lot 2 and an 8' berm shall be constructed by the applicant containing two evergreen trees. 3) jIn preparing for final plan submission, the applicant shall adhere to the provisions of Section 24-8.12 of the Code. 4) P&Z recommends that Section 24-11.7 of the Aspen Municipal Code be amended to eliminate the requirement of obtaining a building permit on a lot with 33 months from submission of a residential GMP application. . BOOK 539 PAGE659 RAW WATER TAP AGREEMENT THIS AGREEMENT is entered this [ 7 day of ~36. , 1987 by and between the City of Aspen, Colorado (hereafter City) 'and 1010 Ute Corporation (hereafter Ute) , a Colorado Corporation. WITNESSETH WHEREAS, the City is the owner of the ditch and water rights described on Exhibit A hereto and may authorize the use of the ditch and water rights at the location set foâ‚¬th herein; and WHEREAS, the City has been and is presently beneficially using the above-described water rights for their decreed pur- poses by diversions from their decreed points of diversion and particularly for the irrigation of city parks and open space, and WHEREAS, the City has determined as a part of its Water Management Plan that the use of these water rights for the irrigation of other lands within and without the City will further the maximum beneficial use of these rights and will reduce the demand for treated water for such purposes; and WHEREAS, Ute needs water for outside irrigation, decorative and aesthetic and other uses on property located -1- JUN 19 4 80 MI PITKIN ONTY RECORD 29028 8 SIAVO VIA1IS HooK 539 PAGE660 at 1010 Ute Avenue which is the subject of a GMP application and subdivision approval; and WHEREAS, Ute desires to secure the right to use the water from the City for the irrigation of 7.5 acres and in a series'of decorative ponds all within the subdivision; and WHEREAS, the City desires to allow Ute to have the right to use some of the water rights of the City. NOW, THEREFORE, in consideration of the foregoing and the following terms and conditions, the City and Ute agree as follows:, 1. The City hereby grants to Ute a raw water tap onto the City raw water system allowing Ute to use so much of the water rights set forth on Exhibit A flowing through the Wheeler/East Aspen City Ditch as may reasonably be necessary, without waste, to irrigate no more than 7.5 acres and for use in a series of decorative ponds within the subdivision. 2. This raw water tap shall be for a term for so long as the water is used for the above stated purposes by Ute and its successors and assigns. Minor periods of interruption in use shall not terminate the raw water tap. 3. Ute shall divert the water from the Wheeler/East Aspen City Ditch near the boundary of the subdivision at a -2- BOOK 539 PAGE661 turn-out to be installed in or near the ditch, and after use within the subdivision the water shall be returned to the ditch by a lateral. 4. The turn-out and lateral shall be considered to be part Jf the Wheeler/East Aspen City Ditch and shall be the property of the City. 5. Ute shall be responsible for and bear all costs of constructing, maintaining, replacing, operating and cleaning the turn-out and lateral and any sump, water pump, transmission and storage structures and facilities within the subdivision. 6. The City shall have sole, exclusive and total ownership and control over the operation of the Wheeler/East Aspen City Ditch, including the turn-out and lateral. 7. Ute shall construct at its own cost the lateral and all pumping, transmission and storage facilities in the subdivision. Ute shall have the right to operate the turn- out and lateral and shall have sole, exclusive and paramount control and operational right and responsibilities over all diversion, transmission and storage facilities and structures within the subdivision. 8. Ute shall construct at its own cost, all pump, transmission and storage facilities necessary to serve Lot #1 -3- 8001 539 FAGE662 of the Hoag Subdivision. The City shall be the owner of these facilities and shall be responsible for the operation, maintenance and control. 9. Ute shall pay no raw water tap fee or annual raw water Â·service charge in exchange for paying the entire cost of installation, operation and maintenance of the irrigation system including the turnout, sump, pumps, pipeline, ponds and lateral for the 7.5 acres which includes Lot #1 of the Hoag Subdivision and for the dedication of the irrigation system within the Hoag Subdivision to the City. The fac il i- ties constructed by Ute are shown on Exhibit B. â€¢ 10. Ute and the City shall share the cost of draining, cleaning, repair and replacement of the pumps and main distrubution lines used for pumping the irrigation water to the land within the subdivision on a proportional basis arrived at by comparing the acreage of the land irrigated within the subdivision to be platted and the acreage within Lot #1 of the Hoag Subdivision to be dedicated to the City as part of the subdivision/GMP approval process. 11. On a dollar for dollar basis, Ute may reduce the utility connection cost of acquiring treated water service from the City for one or more units built within the sub- division in direct relation to the amount spent by Ute in performing' all work necessary to upgrade and improve the -4- BOOK 539 FAGitifb Wheeler/East Aspen City Ditch from the diversion dam in the Roaring Fork River, through and including the headgate, wastegate and along the ditch up to the point where the lateral to be built by Ute returns water to the Wheeler/East Aspen City Ditch after use in the subdivision. 12. Ute shall install the turnout from and the return lateral to the Wheeler/East Aspen City Ditch in Lot #9 of the Calderwood Subdivision. The City will cooperate with Ute in securing any easement necessary for this purpose, but Ute shall bear the cost of and work necessary to secure any ease- ment not within the right-of-way held by the City for tte Wheeler/East Aspen City Ditch. 13. All work to or in the ditch necessary for the installation of the turnout, lateral, sump or pump and all work on the irrigation, pump equipment or ponds within Lot 1 of the Hoag Subdivision shall be approved by the City Engineer. -If Ute constructs facilities in accordance with City plans and specifications and damage results to others due to the inadequacy of those plans and specifications and not the construction or Ute's operation, the City shall indemnify Ute from any liability. 14. Ute may divert and use water under the above described water rights only for the purposes and in the manner sbecifically described herein, and no other use of -5- tioot< 531 PAGE664 water by Ute under these water rights shall be permitted. No other water service shall be supplied by the City to Ute under this Agreement, and all other water service by the City shall be supplied only after full compliance with all appli- cable provisions of the Code and with all applicable poli- cies, regulations and rules of the City. 15. Ute only acquires hereunder the right to use the above described water rights as provided herein, and all interests and claims in and to said water rights shall ter- minate after the use of the water as set forth herein such that no right or benefit shall remain by virtue of thisâ€¢ Agreement or the use of water hereunder by Ute its successors in interest, or any individual purchasing land from Ute or their successors in interest. 16. Ute may divert and use water from the Wheeler/East Aspen Ditch only at such times and to the extent water is permitted to be taken from the above described sources by the Division Engineer, Water Division No. 5, State of Colorado under the priorities established by law. The parties also recognize that the supply of water under the above described water rights is dependent on sources which are variable in quantity or quality and which are beyond the control of the City. No liability shall attach to the City hereunder on account of any failure to accurately anticipate the availabi- -6- BOOK 539 PAGE665 lity of water supply or because of an actual failure of water supply due to inadequate run-off, poor quality, or other occurrence beyond the reasonable control of the City. This Agreement pertains to the supply of raw water only, and the City has no obligation in any way to treat the water supplied to Ute hereunder and makes no warranties whatsoever as to the quality of water supplied. 17. The City reserves the right to reuse, to the extent permitted by law, the water which is diverted by Ute under this Agreement. Except as is reasonably necessary within the boundaries of the subdivision, Ute shall have no right what- soever to reuse the water diverted by Ute under this Agreement. 18. In the event an emergency need of the City arises, the City, in its total discretion, may suspend the raw water tap granted herein for the duration of that emergency and utilize any and all of the water which is the subject of this agreement. In the event the City exercises the power granted in this paragraph, the City shall inform Ute, orally and follow up in writing, of the nature of the emergency necessi- tating such exercise and the estimated duration thereof. The City shall not be liable to Ute for any losses occuring as a result of the City exercising this right. 19. The City shall have the right to temporarily suspend the raw water tap granted hereunder in order to -7- BOOK JOJ PAGE666 reconstruct or maintain any City facilities appurtenant to or used in connection with any of the water rights described above. In the event the City wishes to exercise the power granted in this paragraph, the City shall inform Ute, in writing, at least one (1) week in advance of the time the City will suspend the rights pursuant to this paragraph. The City agrees to attempt to make such suspension at a time mutually convenient and least burdensome to both parties. 20. In the event that either party hereto fails to per- form any of the promises or covenants contained in this Agreement, that party shall be in default hereof and upan 10 days written notice the rights of the defaulting party under this Agreement shall be suspended for such time as said party continues to be in default. 21. Notifications and consultations hereunder shall be addressed to and made by the following persons: a. For the City: Mr. Ron Mitchell Assistant City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 -8- BOOK 539 PAGE667 b. For Ute: David G. Behrhorst Vice President 1010 Ute Corporation Post Office Box 9046 Aspen, Colorado 81612 (303) 925-6537 22. Each party agrees to indemnify, defend and hold harmless the other from any liability resulting from the intentional, tortious.and/or negligent acts or omissions of each party, its agents, and members or their guests, in rela- tion to the exercise of rights under this Agreement. 23. The City reserves the right to file a change of water right application concerning any of the subject water rights hereto or any other water right owned by the City and/or to substitute water from sources other than the water rights described above for the use of Ute pursuant to this Ag reemen t. Provided, however, the City shall not seek a change which would prevent its performance under this Agreement. Ute expressly agrees that this Agreement does not provide any basis for Ute to object to the exercise of the rights reserved to the. City in this paragraph. Ute agrees to cooperate in any court proceeding concerning these water rights. 24. This Agreement shall not be transferred, assigned or in any way conv eyed to a third party by Ute without prior -9- HOOK 539 PAGE668 written consent of the City. The City shall not unreasonably withhold its consent to any assignment of this Agreement so long as such assignment will not be injurious to the best interests of the City. Provided, however, Ute may assign the benefits of this Agreement to other development entities of Ute, to financial entities for purposes of securing financing, or the Homeowners Association with notice but without prior approval by the City. 25. The parties agree that by this Agreement, the City does not become a public utility, compelled to serve other pa rties similarly si tua ted. Ute agrees that neither it Bor its successors or assignees shall at any time petition the Colorado Public Utilities Commission or the Board of County Commissioners of Pitkin County to acquire jurisdiction over the rate set herein or over any other utility rate set by the City. The parties agree that in the event the City is held to be a public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force and effect. 27. This Agreement supersedes and controls all prior written and oral agreements and representations of the par- ties and is the total integrated agreement between the par- ties. 28. By signing this Agreement, the parties acknowledge and represent to one another that all procedures necessary to -10- . BOOK 5 Ju PAGE 669 validly contract and execute this Agreement have been per- formed and that the persons signing for each party are duly authorized to do so. 29. Neither party shall be held liable for failure to perform the Agreement due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences out- side the control of either party. 30. This Agreement is binding upon the successors and assignees of the parties hereto. IN WITNESS WHEREOF, we have set our hands and officâ‚¬al seals the day and year written above 4 %*TTES''f:Â·..4'1~ h CITY OF ASPEN :B Â«fAL) 3 :40 Mayor Â·2. ATTEST: 1010 UTE CORPORATION 2 .48 -SAA#w- 16 nUI+ 893{ Secretary (40'U PresidentÂ· Lill-- Ril -11- f . BOOK 539 PAGEE 1 EXHIBIT A CITY OF ASPEN WATER RIGHTS ROARING FORK RIVER BASIN 1981 Mainstem Decreed Basin Stream Amount Decreed Aspen Name of Structure Rank Rank (cfs or af) Use Owns Aspen Ditch/ 32 2.00 Irrigation 2.00 Spar Gulch 95 3.00 Domestic 3.00 Street Stock Wheeler 84 1 10.00 Irrigation 10.00 Domestic Street Stock Nellie Bird 3073 3 3.94 Irrigation .65 Riverside 3076 4 3.00 Irrigation .33 East Aspen 3187 7 6.00 Irrigation 6.00 Begley/Spar Gulch 4310 1. 50 Irrigation 1. 50 Domestic Industrial Anthony Well 4746 .17 Domestic .17 Aspen Well #4 4758 .67 Municipal .67 Absolute Domestic 2.64 Conditional Durant Mine/ Spar Gulch 5018 2.00 Irrigation 2.00 Recreational Drainage, Storm Sewer Flushing Aspen Well #2 6165 2.23 Irrigation 2. 23 Municipal Domestic Aspen Well #3 6166 2. 23 Irrigation 2. 23 Municipal Domestic Manufacturing 9 - EXHIBIT IRRIGATION FACILITY Constucted by "Ute" 4'19 p~jÂ·2671 June 12, 1987 Don, ae â€ž r v02-2.2kgwriL-_ 7 .. Heads: (8) Toro series 650 or .9 equivalent. Approx. 60' * ~ - ---Prr ' on center @ 60 psi. ' 4 - 17'CIC=-2 .7 1 /: .. V -2. L Â»-Â»1.>2 t U.Ab rk?k. Â»CL/ Lines: 2" mainline under Ute Ave., . 16" laterals . \ . A ,... ... /.' \ \4 0 1 -- \...i. . + 1 \ 4 / h -- f \. / ... \ . k . I-k i. \ -: 0 . 4 .0 - --1 E. . I. - I 1 - < 4 PROPOSE,0 : . 1 N , - .. ..2\ , .. .-. *fu~11- 1 .. p. /*f , 39<2%31: f 4.- - .. -Â·PUBLIC I.7 -- e .\. . \ 1 \076<-3- -- ~ '4i . -. . I - .- . , 4 |'>fLF/.--7-~9 . 1 < / 0 % --t - . 1. I 3 , ' r \ -.-/ . tv \ . .. 4. , , I / / - r- - ---- -3 ...' 23> - r \ .\ , A- \ - \ PROPOSED kj - \ - - \\ 1 \ 1.- Â»\202 >29:--- - - ---0- \ \\ \. 1 \ \\ \.-i 1'. 4 kil'G-*RE / --. \ - -0 -- >Â»3 47 -. . .. / .-\ ' \\ . 0 1/ -- - \ \\. 1 - - n< - - -. R -\ -- \- -1 - 0 4 - 1-0 03.4 .2 -x. -41~94 \ I / b:<PZA - :iczÂ»-1~ 0-- --- \\ -42 - 5g\ ..\\19491-1,1.94* 0 -_, . -- . . .1.:44Â»3-- 4/0- \ 7 . - --- \3 . --a<>po \ 91% 2 2-- 222 -> . 6 J> - 4.1 -. 96 - i/<\ \ . 32~- 4 --1. -\ \Â» - M \ \\~- 91 8/ 41OTE: EXACT AUGNEMENf - Â©204 - -01-* \ Â«. .- Â·>.<2 V TO BE COORDINATED WITH \21---0. 0 --2 ./ - - THE NORDIC COUNCIL- \\\21 . M 1.1, MEMORANDUM TO: Aspen City Council -/// THRU: Robert S. Anderson, Jr. , City Manager ~ V FROM: Glenn Horn, Assistant Planning Director 1~-2.~ RE: 1010 Ute Avenue Final Plat/PUD Subdivision Agreement DATE: June 8, 1987 SUMMARY & RECOMMENDATION The Planning Office recommends approval of the 1010 Ute Avenue Final Plat subject to conditions cited at the end of the memoran- dum. BACKGROUND INFORMATION APPLICANT: Lowe Development Corporation, Skip Behrhorst. LOCATION: North side of Ute Avenue, just east of Gant Condomin- iums, west of Ute Cemetery and south of Roaring Fork River. ZONING: R-15(PUD). SIZE: 7.6 acres. APPLICANT'S REQUEST: Final Plat and Subdivision Agreement approval for a 17 unit residential subdivision. PREVIOUS COUNCIL ACTION: On February 25, 1987, City Council granted Conceptual Planned Unit Development review approval to the project and granted residential growth management quota system allocations for 16 free market dwelling units and an exemption for one deed-restricted employee unit. PREVIOUS PLANNING AND ZONING COMMISSION ACTION: On April 21, 987, the P&Z granted Preliminary Plat PUD, 8040 Greenline Review and Stream Margin Review approvals to the application. ISSUES AND CONCERNS: The applicant has worked with the City Engineer, City Attorney, and Planning staff to put the final plat and PUD/Subdivision Agreement in order. Several minor language changes still remain to be resolved by the City Attorney and applicant. Additionally, the following substantive issue should be addressed by City Council: Employee Housing: The applicant is proposing to satisfy his employee housing requirements for housing 26 employees via a cash-in-lieu payment for 23 employees and the provision of on- site housing for three employees. The Housing Authority, acting as the City Council designee, has agreed to discounting the $460,000 cash-in-lieu payment at a rate of 12% per annum if payment is made by November 1, 1987 or at time of recording final plat whichever is later. The applicant intends to pay the Housing Authority the discounted amount, $261,016 in late June. The Assistant City Manager and City Attorney have asked the Planning and Housing Offices to bring this matter to your attention. Please note that the discount provision is contained in the City's Zoning Code (Section 24-11.10(i)(3)) and is of value to the City. The Housing Authority supports obtaining discounted amounts of money earlier than would otherwise be the case to facilitate project planning. We support the discount approach for this project. RECOMMENDATION: The staff recommends that City Council approve the 1010 Ute Avenue Final Plat/PUD Subdivision Agreement subject to the following conditions: 1) Prior to signature and recording of the plat and agreement, language will be resolved to the satisfaction of the City Attorney and City Engineer. 2) The applicant shall prepare separate legal documents for all easements. 3) The applicant shall create separate legal document for employee housing covenants. 4) The applicant shall create a separate legal document for the conveyance of the land on the south side of Ute Avenue. 5) The Chen geologic report shall be appended to the agreement. 6) The applicant shall prepare a drawing index and vicinity map for final plat. 7) The applicant shall include a note on the plat regarding building height restrictions for lots 13,14,15 identical to language in the PUD subdivision agreement. 8) Prior to final approval of final plat by the City Engineer the applicant shall relocate utility easements to the satisfaction of the Aspen Consolidated Sanitation District. GH.1010UTE 2 PROTECTIVE COVENANTS FOR TEN TEN UTE SUBDIVISION PITKIN COUNTY, COLORADO ARTICLE I Purpose of Covenants -- General Requirements These covenants shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, known as Ten Ten Ute Subdivision, as defined and described in the plat therefor recorded in Plat Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado. It is the intention of 1010 UTE CORPORATION, a Colorado corporation (hereinafter referred to as "Declarant") , expressed by its execution of this instrument, that the lands within Ten Ten Ute Subdivision be developed and maintained as a highly desirable scenic and exclusive residential area. It is the purpose of these covenants that the present beauty and views and setting within Ten Ten Ute Subdivision shall always be protected as much as possible in connection with the uses and structures permitted by this instrument. These covenants shall be a burden on and run with all the lands within Ten Ten Ute Subdivision. ARTICLE II Area Designations 1. Ten Ten Ute Subdivision The words "Ten Ten Ute Subdivision" as used in these covenants shall mean all of the lands included within the plat for Ten Ten Ute Subdivision, referenced in Article I. 2. Residential Lots. Those Lots designated as Lots 1 through 16 and 17-R on the recorded plat of Ten Ten Ute Subdivision. 3. Ponds, Landscaping and Maintenance Easement Areas. Those areas designated as "Ponds, Landscaping and Maintenance Easement Areas" (hereinafter referred to as "PLM Easement Areas") on the recorded plat of Ten Ten Ute Subdivision. The areas located in the cross-hatched area of the plat shall be held in individual ownership by the respective Lot owner who shall grant a ponds, landscaping and maintenance easement to the Ten Ten Ute Homeowners' Association (referred to herein as the "Association") for which area will be maintained by the Association. 4. Improvement Envelope Landscaping and Maintenance Easement Areas. Those areas designated as "Improvement Envelope Landscaping and Maintenance Easement Areas" (hereinafter referred to as "IELM Easement Areas") on the recorded plat of Ten Ten Ute Subdivision. The areas located in the white area of _the plat shall be held in individual ownership by the respective Lot owner -- Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 1 who shall grant an Improvement Envelope Landscaping and Maintenance Easement to the Association which area Will be maintained by the Association. 5. Improvement Envelopes. Those areas designated as "Improvement Envelopes" on the recorded plat of Ten Ten Ute Subdivision. 6. Private Road and Utility Easements. Those areas designated as "Private Road and Utility Easements" on the recorded plat which use shall be a road restricted to the private use of the owners of the Lots and their guests to be known as Ute Circle, and common utility easements for the subdivision. 7. Public Trail Easement. That area designated as "Public Trail. Easement" on the recorded plat which shall be conveyed to the City of Aspen as a public trail easement. 8. Ute Avenue Right-of-Way. That area on the plat dedicated to the City of Aspen for the expansion of Ute Avenue, the Bike Trail and landscaping. The Association may maintain landscaping in the Ute Avenue right-of-way adjacent to its property. 9. Declarant. The 1010 Ute Corporation, a Colorado corporation, and its successors and assigns. 10. Association. The Ten Ten Ute Homeowners' Association, a Colorado non-profit corporation, and its successors and assigns, through which all owners act as a group under the articles, bylaws, and this declaration. 11. Shared Driveways and Utility Easements. Those areas where two (2) lots share a common driveway, for ingress and egress, and common utilities easements as shown on the Final Plat. ARTICLE III Membership in Ten Ten Ute Homeowners' Association All persons, or associations or any other entities (other than Ten Ten Ute Homeowners' Association) (hereinafter referred to as "owners") who own or acquire the title in fee to any of the Lots in Ten Ten Ute Subdivision by whatever means acquired, shall automatically become members of Ten Ten Ute Homeowners' Association, a Colorado corporation not for profit (hereinafter referred to as the "Association") , in accordance with the Articles of Incorporation of Ten Ten Ute Homeowners' Association which shall be filed with the Colorado Secretary of State and recorded in the real estate records of Pitkin County, Colorado Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 2 recorded with the Pitkin County Clerk and Recorder. There shall be one (1) vote per Lot in the Association. ARTICLE IV Architectural Committee 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architec- tural Committee. The members of the Architectural Committee may also be directors of the Association and need not be owners. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, ga- rages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, antennae, curbs and walks, shall be erected, altered or permitted to remain within Ten Ten Ute Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done in conjunction therewith within Ten Ten Ute Subdivision, unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work except as Declarant may be specifically permitted to do by these Covenants. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed for identification by the owner or his architect. The Architectural Committee shall have the right to request whatever additional specific information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify what information, reports, plans, specifications and the like are required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. This failure to act cannot approve construction which conflicts with City of Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 3 Aspen building regulations or restrictions placed on the Subdivision by the Subdivision G.M.P. or P.U.D. process. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or associations submitting such architectural plans may appeal the matter at the next annual or special meeting of the members of Ten Ten Ute Homeowners' Association where a vote of sixty percent (60%) of members votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 3. Building Permit. An owner may apply for a building permit from the the City of Aspen Building Department at any time provided however the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee from the plans approved by the Architectural Committee then all approvals of the Architectural Committee shall be deemed automatically revoked. 4. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architec- tural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these covenants required by any approvals obtained by Declarant from the City of Aspen for Ten Ten Ute Subdivision or which violate the City of Aspen Land Use and Building Code. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Lot owner(s). Notice to Lot owner(s) shall be deemed complete when placed in First Class Mail to the latest address for each Lot owner(s) as provided to the Association. 5. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations within Ten Ten Ute Subdivision conform and harmonize with the surroundings and with other structures as to design, materials, color, siting, height, and all other design features. The Architectural Committee shall protect the seclusion and view of each Lot insofar as possible in the development of Ten Ten Ute Subdivision pursuant to these covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Ten Ten Ute Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 4 In its review of any proposed development activity the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, harmony of architectural design with other structures within Ten Ten Ute Subdivision, location with respect to topography and finished grade elevations and harmony of landscaping with the natural setting and native trees, and other vegetation within Ten Ten Ute Subdivision. 6. Preliminary Approvals. Lot owners who anticipate constructing improvements on lands within Ten Ten Ute Subdivision, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three sets, and should contain sufficient general information on those matters required to be in the compld-te architectural and site development plans and specifica- tions to allow the Architectural Committee to act intelligently on giving an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 7. Architectural and Site Development Plans. The Archi- tectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these covenants. 8. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or association submitting any plans for approval, or to any owner or owners of lands within Ten Ten Ute Subdivision, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such plans. The Architec- tural Committee shall have no liability or responsibility for any representations made to any owner or prospective owner by any third parties. The decisions of the Architectural Committee shall be governed by these covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these covenants. 9. Written Records. The Architectural Committee shall keep and safeguard for at least three years complete permanent written records of all approved applications including one set of the finally approved architectural and site development plans and of all actions of approval or disapproval and all other formal actions taken by it under the _provisions of this instru- ment. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 5 10. Authority to Promulgate Rules and Regulations. The Architectural Committee shall promulgate and adopt rules and regulations necessary to implement these covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications and the like which need to be submitted with any application, general guidelines governing the development of the Lots and Pond Areas, Landscaping and Maintenance Easement Areas, site specific limitations or restrictions for each Lot, and payment of reasonable fees for processing or reviewing the application. These rules and regulations need not be uniform for each Lot and shall take into account the unique character of each Lot and the Improvement Envelope as described in Article V below. The Architectural Committee may also adopt rules and regulations governing any development on the Pond Areas, Landscaping and Maintenance Easement Areas not inconsistent with the requirements of these Covenants. By way of example and not by way of limitation, rules and regulations adopted by the Architectural Committee may address the following: application procedures, application fees, materials, colors, signs, improvement envelopes, height limitations, roofs, trees and landscaping, irrigation systems, exterior lighting and sound, parking and garages, walls, fences and any other concerns which may relate to any development in Ten Ten Ute Subdivision, the preservation of trees in Ten Ten Ute Subdivision, the preservation of the visual character of Ten Ten Ute Subdivision in accordance with these covenants. These rules and regulations shall be adopted by the affirmative vote of a majority Of the members of the Architectural Committee with the written consent of Declarant as long as Declarant is a Lot owner and may not be amended except by the majority vote of the members of the Architectural Committee. 11. Architectural Committee Review. All construction by Declarant outside of Improvement Envelopes shall not be subject to Architectural Committee Review. ARTICLE V General Requirements and Restrictions 1. Improvement Envelopes. a. Improvement Envelopes Uses and Restrictions. All structures on Lots 1 through 17-R, including but not limited to dwelling units, accessory buildings and uses, and roof overhangs shall be constructed only within the designated Improvement Envelopes for each Lot as described on the recorded plat of Ten Ten Ute Subdivision except as may otherwise be provided by these covenants. Accessory buildings and uses shall include but not be limited to attached garages, swimming pools, parking areas, landscape features, spas and other uses as determined by the Architectural Committee. Encroachments may be allowed beyond the _ Improvement Envelopes only in the following locations: The East side of Lots 9, 10, 11, 12, 13, 14 and 15 and the Ute Cemetary Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 6 side of Lots 2, 3, 4, 7, 15 and 16. These encroachments may project beyond the Improvement Envelopes only in the following manner: balcony and/or decks - extending a maximum of 18 inches; retaining walls; grade level patios and terraces; landscaping and privacy walls and spas may project to the lot lines. These encroachments are permitted only if approved by the Architectural Committee. b. Improvement Envelope Landscaping and Maintenance Easement Areas. (1) Lands within the Improvement Envelope Landscaping and Maintenance Easement Areas (referred to herein as "IELM Easement Areas") are described on the recorded plat of Ten Ten Ute Subdivision. There is hereby created and conveyed to the Association perpetual easements over and across the IELM Easement Areas to enable the Association to maintain, replace and repair. (2) Each individual Lot owner shall submit a detailed landscape and irrigation plan for his Improvement Envelope to the Architectural Committee, concurrent with house plans. When the landscaping plan has been approved and implemented and the irrigation system in the Improvement Envelope installed according to approved plan and specifications, all at the cost of the Lot owner, the Association shall maintain the landscaping and irrigation system in the same manner as in the PLM Easement Areas as described in Article V.2. Each Lot owner shall be assessed for this service by the Association. (3) The Association shall have the right to delegate or assign the functions and responsibilities with respect to the IELM Easement Areas to a manager of IELM Easement Areas who will conduct the maintenance operations for the benefit of the Association. The Association shall accept responsibilities for the IELM Easement Areas and shall be responsible for the maintenance operations. The Association shall be responsible for maintaining, replacing and repairing in the IELM Easement Areas irrigation lines and systems, landscape planting, retaining walls, and underground power lines for irrigation. The Association shall maintain insurance to protect and indemnify Lot owners and Declarant for the IELM Easement Areas. (4) In the event the Association fails to fulfill its functions and responsibilities as contained herein with respect to the IELM Easement Areas for six (6) consecutive months, then after at least thirty (30) days prior written notice to the Association within which the Association does not undertake to fulfill its responsibilities with respect to the IELM Easement Areas, Declarant may elect at its discretion, and its expense, to take over these functions and responsibilities. In the event Declarant takes over these functions and responsibilities, it shall assess the Association and the individual Residential Lot owners for, and the Association and the individual Residential Lot owners shall be liable to pay, all reasonable costs and expenses incurred to fulfill the Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 7 responsibilities with respect to the IELM Easement Areas, including reasonable attorneys' fees and accounting fees. 2. Ponds, Landscaping and Maintenance Easement Areas. Lands within the PLM Easement Areas as described on the recorded plat of Ten Ten Ute Subdivision are held in individual ownership by the respective Lot owners. There are hereby created and conveyed to the Association perpetual easements over and across the PLM Easement Areas which use shall include but not be limited to ponds, water features, culverts, greenspace landscaping, irrigation lines and systems, landscaping planting, common site lighting, retaining walls, fencing, entry features, underground power lines for irrigation and site lighting, signs, culvert, ponds and pumps. The Association shall defend and indemnify individual Lot owner(s), and Declarant, from all costs, claims, causes of action, suits, and legal fees arising out of the Association' s use of the PLM Easement Areas, Improvement Envelopes, private driveways and walkways. The Association shall maintain insurance to protect and indemnify Lot owner(s) and Declarant for PLM Easement Areas. a. Permitted Uses. Access to the lands within the PLM Easement Areas shall be restricted to workers under the auspices of the Association. No use of any kind of the ponds shall be allowed by anyone other than these workers. Owners of individual Lots can use the landscaping and maintenance areas on their individual Lots for their own private passive uses; provided, however, that the use does not conflict with or obstruct the landscaping and maintenance of the area by the : Association. Permitted structures and improvements in the PLM Easement Areas shall be limited to walkways and trails, ponds and water features, fencing, signage, irrigation and landscaping except as permitted in Article V.1. Improvements and uses by Lot owners shall require review and approval by the Architectural Committee under those procedures outlined in Article IV herein. b. Ownership of Improvements in the PLM Easement Areas. Ownership of any improvements in the PLM Easement Areas shall remain vested in Declarant until such time as the closing of the sales and delivery of deeds to purchasers of twelve (12) of the sixteen (16) Residential Lots. At such time, or earlier if Declarant elects at its discretion, Declarant shall convey and assign the improvements located on any of the PLM Easement Areas to the Association and all rights and obligations associated therewith and all facilities and uses constructed thereon, this conveyance shall reserve to Declarant the perpetual right to grant, locate and/or dedicate easements for installation, construction, maintenance, repair and replacement of any utilities and/or irrigation systems in and over the PLM Easement Areas. Except as specifically provided herein Declarant may not otherwise convey or assign the improvements located in the PLM Easement Areas. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 8 C. Rules and Regulations Governing PLM Easement Areas. At such time as Declarant contracts for or creates any improvements on the PLM Easement Areas, Declarant may promulgate rules and regulations governing the use, if any, of these facilities by owners of Lots in Ten Ten Ute Subdivision and others. There shall be no use of the ponds by individual Lot owners or their guests. It is an aesthetic feature that will be maintained by the Association. d. Utilities. Utility lines and utility easements shall be permitted in the easement area for irrigation lines and system, common site lighting, undergrounding power lines for irrigation and site lighting, and entry features. e. Maintenance of PLM Easement Areas. (1) The Association shall maintain the PLM Easement Areas preserving the attractive nature of the vegetation and maintaining the ponds, irrigation, landscaping and lighting. The Association shall be entitled to assess the Lot owners on a pro rata basis for insurance, maintenance costs, and legal fees arising from the PLM Easement Areas pursuant to these covenants. These assessments shall constitute a lien on a Residential Lot until paid and shall have the same priority and be collected and enforced in the same manner as provided for in Article X, below. (2) The Association shall have the right to delegate or assign the functions and responsibilities with respect to the maintenance of the PLM Easement Areas to a manager of the PLM Easement Areas who Will conduct the maintenance operations for the benefit of the Association. The Association shall accept responsibilities for the PLM Easement Areas and shall be responsible for the maintenance operations. Such responsibility shall include operating, maintaining, replacing, repairing and improving in the PLM Easement Areas, the irrigation lines and system, landscaping planning, common site lighting, retaining walls, fencing, entry features, underground power lines for irrigation and site lighting, signs, culverts, ponds and pumps. (3) In the event the Association fails to fulfill its functions and responsibilities as contained herein with respect to the PLM Easement Areas for six (6) consecutive months, then after at least thirty (30) days prior written notice to the Association within which the Association does not undertake to fulfill its responsibilities with respect to the PLM Easement Areas, Declarant may elect at its discretion, and its expense, to take over these functions and responsibilities. In the event Declarant takes over these functions and responsibilities, it shall assess the Association and the individual Lot owners for, and the Association and the individual Lot owners shall be liable to _pay, all reasonable costs and expenses incurred to fulfill the responsibilities with respect to the PLM Easement Areas, including reasonable attorneys' fees and accounting fees. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 9 3. Irrigation. An irrigation system shall be constructed in the PLM Easement Area by the Declarant. Individual Lot owners will construct underground irrigation systems in the individual Improvement Envelopes. This system shall contain separate zones. The Association shall set the times Of use for each zone. A blanket easement over each Lot for access to this system is hereby granted. Lot owners shall locate controls for the irrigation system in their Improvement Envelopes at easy to access exterior locations for the Association. 4. Employee Lot 17-R. A three-bedroom, two-bath employee unit shall be built on Lot 17-R. This unit shall be restricted per the rental guidelines and GMP commitments made by Declarant. Ownership of this lot and the improvement constructed on the Lot shall remain vested in Declarant until such time as the closing of sales and delivery of deeds to purchasers of twelve (12) of the sixteen (16) Lots. At such time or earlier, if Declarant elects at its discretion, Declarant shall convey and assign the Lot and all improvements located on Lot 17-R to the Association and all rights and obligations association therewith. Declarant shall maintain the right to designate the employees who shall live in the unit, and Declarant shall maintain the right to use the common facilities or den of the employee unit as long as Declarant conducts his business relating to maintenance, management, sales or rentals in the Subdivision. In the event Declarant places a loan on the employee unit, the Association will assume the loan at the time said unit is transferred by the Declarant to the Association as long as this assumption does not result in a negative cash flow. Negative cash flow as used herein is defined as an excess of the principal, interest, taxes and insurance payments for the loan and for Lot 17-R at the date of the assumption over and above the maximum income rental payments permitted by housing guidelines for the employee unit on a yearly basis. This Lot and employee unit will be owned by the Association in fee ownership, and the Association shall pay all cost associated with ownership and maintenance. 5. Utilities. Declarant shall provide individual stubs for water, sewer and irrigation to the edge of the road easement. Lot owners shall pay water and sewer tap fees, as well as connection fees for the construction of their homes as required by utility agencies. Individual lot owners shall be responsible for service line extension, construction and maintenance of such utility service lines and individual metering necessary to service any structure built on the lot. Utility construction shall be revegetated by and at the expense of the owner or owners causing the installation of utilities no later than the next growing season following installation. All other utilities shall be available to the edge of the road easement. Declarant hereby reserves easements over the PLM Easement Areas, in such locations determined by Declarant to be reasonably Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 10 necessary, to construct, install, repair and maintain and for ingress and egress to and from utility facilities from any utility lines located on the PLM Easement Areas. 6. No Further Subdivision. No Lot described on the recorded plat of Ten Ten Ute Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in any less than the full dimensions as shown on the recorded plat of Ten Ten Ute Subdivision; provided however, conveyances or dedications of easements for utilities may be made for less than all of one Lot. Notwithstanding the foregoing, a Lot line adjustment between two Lots in Ten Ten Ute Subdivision shall be deemed a permitted subdivision, subject however, to any reviews or approvals that may be required by the City of Aspen Land Use Code. 7: Domestic Animals. Domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors; provided, however, that no more than one dog per owner shall ever be permitted, and no tenants may have dogs. At no time shall dogs be permitted to run free nor shall outside dog runs be allowed. There shall there be no farm animals permitted in the Subdivision. 8. Underground Utility Lines. With respect to the new construction or the extension of any utilities, all water, sewer, gas, electrical, telephone, cable T.V. and other utility pipes or lines within the limits of Ten Ten Ute Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Ten Ten Ute Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the owner or owners causing the installation of the utilities no later than the next growing season following installation. 9. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. All rubbish and trash shall be removed from all Lots in Ten Ten Ute Subdivision and shall not be allowed to accumulate and shall not be burned thereon. 10. No Mining, Drilling or Quarrying. Mining, quarrying, tunnelling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of Ten Ten Ute Subdivision. Individual wells shall not be permitted on any Lot and no owner shall be permitted to drill for water on his Lot. 11. Raw Water Agreement. All Owner and the Association shall adhere to the requirements set forth in the Raw Water Agreement with the City of Aspen recorded in Book at Page in the official records of Pitkin County, Colorado. _ Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 11 12. Resolution of City Council -- P.U.D. and Subdivision Improvements Agreement. All owners shall adhere to the requirements set forth in the P.U.D. and Subdivision Improvements Agreement between Declarant and the City Council of Aspen, Colorado, recorded in Book at Page and Book at Page , respectively, of the official records of Pitkin County, Colorado, and any duly enacted amendments thereto which may be made. ARTICLE VI Restrictions on Lots 1. Number and Location of Buildings. No buildings or uses shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot in Ten Ten Ute Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from its commencement or shall obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. 3. Fireplaces/Woodburning Stoves. All Residential Units in Ten Ten Ute Subdivision shall comply with the fireplace regu- lations of the City of Aspen. All woodburning stoves in Ten Ten Ute Subdivision shall be certified as approved by the Environmental Health Department of the City of Aspen. 4. Driveways. Driveway design, location, surfacing material and construction methods shall be approved by the Architectural Committee. The design and construction of driveways shall comply with the City of Aspen Road Standards and Specifications governing driveways. 5. Building Height Restrictions. No roof shall exceed twelve feet (12') above the center line of the existing ridge starting at the south property line of Lot 15, and extending northerly throught Lot 14, 15 and a portion of Lot 13, determined by an overall distance of one hundred eighty feet (180') from the south line of Lot 15. The height limit will not exceed twelve feet (12') above the ridge center line starting at an elevation of 8020.5 at the south line of Lot 15 to elevation 7990 on Lot 13. The building to be constructed on Lot 17-R shall be limited to one-story. Except as noted above, all other structures on the individual lots of the subdivision shall comply with the building height provisions for R-15 zoning of the City of Aspen Land Use Code. - 6. Soils Testing. Site specific soils testing for design and engineering of driveways and structures shall be done for all Lots in the Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 12 7. Metal Roofs. No metal roofs shall be permitted in the subdivision. 8. Satellite Dishes. No satellite dishes shall be permitted in the Subdivision. 9. F.A.R. Restrictions. No lot in the subdivision other than Lot 17-R shall have a house of less than 3,000 square feet. The maximum FAR for each lot shall be set in the deed of conveyance from the Declarant to the Lot owner. Provided, however, in no event shall the FAR for the Subdivision (all seventeen (17) lots) exceed 68,900 sq. ft. as currently defined by City of Aspen Code on FAR calculation as of June 1, 1987. 10. Drainage Guidelines. Individual homesites shall handle their on-site flows by drywells and/or retention ponds. No develdped flows of individual homesites shall be allowed to flow into the Roaring Fork River, the Wheeler Ditch, or Ute Avenue. 11. Energy Conservation. All residential construction on Residential Lots shall be designed to provide at least a twenty- five percent (25%) energy savings above the minimum requirement of the City of Aspen "Energy Conservation and Thermal Insulation Standard," Chapter 53, Uniform Building Code, adopted January 22, 1979. Individual building design will determine the most effi- cient manner to comply with this performance standard. Each owner of a Residential Lot shall provide an energy conservation report to the City of Aspen Building Inspector as part of his building permit application which gives proof of compliance with this energy conservation standard. 12. Used or Temporary Structures. No used or previously erected or termporary house structure, mobile home or trailer is permitted in the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months or the issuance of a Certificate of Occupancy, whichever first occurs. 13. Drainage Control. Each owner shall install culverts where driveways cross road ditches, irrigation channels and other drainage ways as required by the Architectural Committee. The minimum size of any culvert and the construction methods utilized in installing any culvert shall be approved by the Architectural Committee. 14. Road Damage. Each owner is responsible for any damage caused to private roads during the construction of improvements upon his property by any vehicle belonging either to him or any one using the roads of Ten Ten Ute Subdivision while engaged in any activity benefiting the owner. Lugged vehicles are not permitted on the roads within Ten Ten Ute Subdivision. Furthermore, each Lot owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 13 damage caused by failure to install culverts properly and in a timely manner as provided in paragraph 13 above. A deposit for road damage may be required by the Architectural Committee. 15. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including but not limited to those specified below, shall be enclosed within a solid, covered structure. Any motor home, trailer, boat, truck, tractor, snow removal or garden equipment, and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. No lumber, metals, bulk rriaterials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof. 16. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of Ten Ten Ute Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the owners thereof by sight or sound. 17. Firearms. The discharge or shooting of firearms is prohibited in Ten Ten Ute Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. 18. Assumption of Ground Water Risk. There is an assumption of risk of potential ground water for Lots 1, 2 , 5, 6 and 8 because of their proximity to the ponds. During architectural review, Lot owners must submit plans to the Architectural Committee demonstrating that they have incorporated protection mechanisms against ground water from the ponds in their house design. Approval of plans by the Architectural Committee does not relieve the assumption of risk from these Lot owners. 19. General Restriction. All Lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VII - Easements Reserved 1. Easements Described on Plat. The lands within Ten Ten Ute Subdivision are subject to any and all easements described on the recorded plat of Ten Ten Ute Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 14 2. Main Road and Utility Easements Reserved. There is hereby created a thirty-five foot (35') wide road and utility easement for the Subdivision's main road for the purpose of the private use of the owner(s) of the Lots and their guests. There is a blanket easement for operating, replacing, enlarging and repairing electric, telephone, water, sewer, irrigation, gas, cable television and similar lines, pipes, wires, ditches, and conduits. Declarant reserves the right to locate these easements or portions thereof across any portions of any of the Lots, the PLM Easement Areas, or any other portions of Ten Ten Ute Subdivision if such is deemed necessary for the most efficient and expeditious running of the utilities, provided in no event shall any such easement run through an Improvement Envelope or across any area of a Lot wherein which an owner has received approval from the Architectural Committee to construct improvements. With respect to the utilization of any easement on any Lbt reserved hereunder, the easement shall be deemed an as-built easement at such time as any utilities are constructed pursuant to these easements reserved. Declarant hereby reserves an access and construction easement over, on and across the PLM Easement Areas as required for constructing, maintaining, operating, replacing and repairing ponds, walkways, utilities, landscaping or other improvements. 4. Fence Licenses Within Easements. No fence or other improvement shall ever be placed in any of the easements created and reserved under any paragraph of this Article VII unless prior written authorization therefor shall be obtained from the Archi- tectural Committee. Any such authorization shall be deemed to be a revocable license and the owner or owners of the Lot upon which said fence is constructed shall promptly remove the same at their expense upon request of the Architectural Committee. Damage to any such fence occasioned by construction, maintenance and/or repair of any service or system shall be repaired by the owner or owners of the Lot at their sole expense. 5. Ownership of Easements. All easements and rights created and reserved in this Article shall be and remain vested in Declarant until such time as Declarant has executed and delivered an instrument in writing transferring the same or a part thereof to the utility company or other entity requiring the easement or to the Association. Upon any such transfer, Declarant shall be relieved from all continuing responsibilities therefor. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 15 ARTICLE VIII Private Access Easement, Driveways and Emergency Access 1. Ownership of Private Access Easement. Declarant hereby reserves to the Association a perpetual access easement over and across the Private Access Easement. Declarant hereby reserves perpetual right to use the Private Access Easement. Declarant hereby reserves perpetual right to use the Private Access Easement for access to and from the PLM Easement Areas and any other lands or areas retained by the Declarant and for other purposes reasonably necessary to pursue and implement any and all rights retained by Declarant under these Covenants. 2. Maintenance of Driveways. All driveways accessing the individual Lots constructed in Ten Ten Ute Subdivision shall be constructed and maintained at the expense of the owner(s) whose Lot(s) is being served by a particular driveway. 3. Shared Driveways. Where Lots share a driveway, the first Lot to construct shall pay the cost of constructing the driveway. The constructing Lot owner will be re.imbursed by the sharing adjacent property owner at the time that owner receives a building permit for the construction of a house on his Lot. The constructing Lot owner shall be entitled to reimbursement for a normal driveway design utililizing specifications and standards promulgated approved by the Architectural Review Committee. Owners of Lots sharing driveways shall enter into a maintenance and reimbursement agreement which Will include late fees, penalties, and reimbursement for damage to driveways during construction. This agreement will be executed concurrent with Lot purchases. The Association shall have the right to require common maintenance and snow clearing agreements with the owner(s) of Lots to maintain the total length of driveways servicing the Lots. 4. Emergency Access Easement. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter servicing Ten Ten Ute Subdivision and its residents, to enter upon the Main Road, Private Access Easements and driveways located in Ten Ten Ute Subdivision and on any property in Ten Ten Ute Subdivision in the lawful performance of their duties. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 16 ARTICLE IX Employee Housing Commitment The employee housing commitment will be satisfied by a cash-in-lieu payment paid by Declarant. This will be prepaid by Declarant and each purchaser of a Lot will be free of this requirement. Declarant shall construct a three-bedroom, two-bath employee unit. The three-bedroom unit shall be restricted to the low-income rental or sales guideline and shall be at least 1,000 square feet. The unit shall be constructed and a Certificate of Occupancy issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sales price guidelines for the unit shall be adjusted to the low-income guidelines in effect at the time of issuance of a Certificate of Occupany for the unit. ARTICLE X Collection of Assessments -- Enforcement 1. Assessments. All Lot owners (including Declarant) shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses for maintaining, improving, snowplowing and snow removal in the Private Access Easements, including Ute Circle; for snowplowing and snow removal for shared and private driveways; expenses for managing, maintaining, repairing and irrigating the PLM Easement Areas and IELM Easement Areas; expenses for taxes attributable to improvements and underlying land in PLM Easement Areas, IELM Easement Areas, and Lot 17-R; expenses for maintaining and improving the common utility line system; expenses for contracting or maintaining a security system for the residents of Ten Ten Ute Subdivision; fire protection systems; expenses of the Architectural Committee; insurance, accounting, legal functions of the Association; assessments for purchase, operation and mainteance of a van or truck which will provide a scheduled shuttle service for early morning and late afternoon operations during the ski season for the purpose of providing skier and shopping access to core areas of the town, and, any other reasonable costs and expenses incurred by the Association in pursuit of its purposes. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of Ute Circle and the PLM Easement Areas and IELM Easement Areas and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes, each owner, including each Lot owned by Declarant, shall be required to pay his pro rata portion of these funds. As used herein, an owner's pro rata portion of common expense shall mean a fraction formed by the number of Lots purchased and held by the Lot owner (S), including Declarant Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 17 (numerator), and the number of Lots in the Subdivision (16) (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the owners a special assessment for such purpose or purposes, in accordance with these covenants, or the articles or bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the owners obligated to pay such assessments and shall be due and payable as determined by the Board of Directors. 2. Lien for Non-Payment of Assessments or Fines. All sums assessed by the Board of Directors including, without limitation, the share of common expense assessments chargeable to any Lot owner, any fines which may be levied on a Lot owner and unpaid common utility fees and assessments charged to a Lot owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit, and, b. all sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. If any assessment shall remain unpaid after twenty (20) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting owner as may be established by the Board. In addition the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the Lot and its legal description. Such a notice shall be signed by one of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien may be enforced by foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey same. The Association, at its election, and - in addition to any other remedies it may have at law or in - Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 18 equity, may also sue an owner personally to collect any monies owed the Association. C. Each owner hereby agrees that the Association's lien on a Lot for assessments as hereinbefore described shall be superior to the Homestead Exemption provided by Colo. Rev. Stat. Ann. Â§ 38-41-201, et seq. (1973, as amended) and each owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within Ten Ten Ute Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. d. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of the lands within Ten Ten Ute Subdivision. In addition, each owner of land within Ten Ten Ute Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these covenants. Declarant independently, for so long as it retains any of the rights granted, retained or reserved to it hereunder, shall have the right to prosecute any action for injunctive relief and for damages against any owner or the Association by reason of any violation of these covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorney's fees. 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Ten Ten Ute Subdivision in violation of these covenants and no action is commenced within one year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one year limitation shall not apply to injunctive or equitable relief against other violations of these covenants, nor shall it apply to the provisions of paragraph 4 of Article VII. 5. Fines. In addition to the enforcement actions provided for above, the Board of Directors shall have the right, after affording notice and an opportunity to be heard to a Lot owner, to fine, in a reasonable amount, the owner for any violations of these covenants. The fine may be assessed as a lump sum or on a per diem basis for the number of days that an owner is in vio- lation of the covenants. Any such amounts that a Lot owner is fined shall be deemed a lien against the Lot and may be collected and foreclosed on in the same manner as is provided above for the collection of common expense assessments. No owner shall convey or mortgage his lot unless and until all sums due the Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 19 Association, whether or not evidenced by recorded statement, are currently paid, but no mortgage transaction shall be voidable by the Association, nor shall the superior position of a first mortagee be adversely by a lien of the Association. At least ten (10) business days prior to any conveyance or mortgage, the owner shall deliver written notice to the Association advising it of the proposed transaction and the names and addresses of all transferrees and mortgagees involved. If any assessment is due and owing by the owner, his grantee or mortgagee shall apply the proceeds of any such transaction to the payment of delinquent amounts due the Association before paying or disbursing any amounts to the owner. The grantee of a lot shall be jointly and severally liable with his grantor for all unpaid assessments against the latter up to the time of the grant or conveyance without prejudice to the grantee's right to recover from the grantor any amounts paid by the grantee therefor. Upon written request and payment of such reasonable fees as may be set by the Board, the Association shall issue a written statement to such grantee or mortgagee verifying the status of all assessments or charges affecting the lot. Any statement as to the existence or amount of any delinquencies shall conclusively bind the Association. 6. Cutting Off Service. The Board of Directors may adopt rules and regulations which permit them to withhold services to Association members who are delinquent in paying fines and or assessments. ARTICLE XI Insurance 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverages, if appropriate: a. Property and fire insurance with extended coverage and standard all-risk endorsements, including vandalism and malicious mischief; on the Association property. The total amount of insurance, after application of deductibles, shall be one hundred percent (100%) of the replacement value of the insured property exclusive of land, foundations, and other items normally excluded from property policies. b. Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with, including but not limited to, irrigation, water supply, landscaping maintenance and snow removal, the ownership, operation, maintenance or other use of Association Property, PLM Easement Areas, and the Private Roadways. This policy shall also cover operation of automobiles- on behalf of the Association. The policy shall be in an amount not lesst han $500,000.00 per injury, per person, per occurrence, - Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 20 with an umbrella liability limit of at least $1,000,000.00 per occurrence. C. Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with, including but not limited to, irrigation, water supply, landscaping maintenance and snow removal, the operation and maintenance Association performs in the IELM Easement Areas, private driveways and walkways. d. Workmen's compensation and employer's liability insurance in the amounts and in the forms required by law. e. Fidelity coverage against the dishonesty of emplofees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. f. Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of privacy and errors and omissions and other forms of liabiltiy generally covered in officers and directors liability policies. g. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. Such insurance shall be at standard premium rates as established by the Colorado Insurance Commissioner and written with companies licensed to do business in Colorado having a Best insurance report rating of Class A+10 or better. No policy shall be obtained where: (1) contributions or assessments may be made against the Mortgagor or Morgagee's designee under the terms of the insurance company's charter, bylaws or policy; (2) by the terms of the carrier's charter, bylaws or policy, loss payments are contingent upon action by the company's board of directors, policyholders or members; or (3) the policy includes any limiting clauses (other than insurance conditions) which could prevent mortgagees from collecting insurance proceeds. 2. Named Insured and Interests. Policies of property insurance shall name the Association as the insured and the entity to which payment is to be made. The certificate or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and upon request, to any owner or mortgagee. 3. Invalidation or Reduction of Coverage. Insurance policies carried pursuant to Section 6.1(a) must provide the following: Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 21 a. that the insurer waives its right to subrogation under the policy against any owner, any lessee and their families; b. that no act or omission by any occupant will void the policy or be a condition to recovery under the policy, unless that person is acting within the scope of his authority as an officer of the Association or as a member of the Board; and C. that if, at the time of a loss under the policy, there is other insurance in the name of an owner or any lessee covering the same property covered by the policy, the policy is primary insurance not contributing to the owner's individual insurance. ARTICLE XI General Provisions 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Ten Ten Ute Subdivision, and the benefits thereof shall inure to the owners of the lands in Ten Ten Ute Subdivision and the benefits and burdens of all said covenants shall run with the title to all of the lands in Ten Ten Ute Subdivision. 2. Termination of Covenants. In the event these covenants have not been sooner lawfully terminated pursuant to any applica- ble laws of the State of Colorado and Pitkin County, Colorado, and the provisions herein contained, these covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these covenants are not so terminated then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members a properly certified copy of the resolution of termination shall be placed on record in Pitkin County, Colorado, not more than six (6) months after the meeting at which such such vote is cast. 3. Amendment of Covenants. These covenants may be amended by a vote of seventy-five (75%) percent of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County, Colorado, not more than six months after said meeting. PROVIDED HOWEVER, no amendment shall be permitted which (a) is inconsistent with any of the rights granted, retained or reserved to Declarant hereunder or which attempts to enlarge or expand any obligation of Declarant hereunder, unless such is consented to in writing by Declarant, or (b) is consistent with requirements imposed by City of Aspen in the approval process. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 22 4. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. 6. Successors and Assigns of Declarant -- Release of Rights. Any rights or responsibilities granted or retained by Declarant under these covenants shall inure to and be binding on any successors in interest or assigns of Declarant and any person or entity which accedes to the rights and obligations of Declarant with respect to the real property governed by these covenants. Declarant at any time may give up and release any of these rights by written notice to the Association and the Association on its receipt of such notice shall thereupon be responsible for any obligations associated with such rights released by Declarant. A copy of such notice shall be recorded in the official records of Pitkin County, Colorado. 7. Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the property or any portion thereof, or any improvements thereon, physical condition, zoning compliance with the applicable laws, fitness for intended use or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or other regulations hereof as a Planned Unit Development except as expressly set forth in this declaration and the Subdivision Agreement and PUD Agreement signed with the City of Aspen. 8. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. The owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. IN WITNESS WHEREOF, these Protective Covenants of the Ten Ten Ute Subdivision have been executed as of the day and year first above written. DECLARANT: ATTEST: 1010 UTE CORPORATION, a Colorado corporation By By Assistant Secretary - David G. Behrhorst, Vice-President (NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE) Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 23 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) Acknowledged, subscribed and sworn to before me this day of , 1987, as Assistant Secretary and DAVID G. BEHRHORST as Vice-President of 1010 UTE CORPORATION, a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 24 EXHIBIT "A" LEGAL DESCRIPTION PARCEL I: A tract of land being a part of Lot 7 in Section 18, Township 10 South, Range 84 West o[ the 6th P.M., according to the official Plat of the Survey of the said lands returned to the General Land Office by the Surveyor General which is more fully described as follows: From Corner No. 9 of Tracc "B" of the East Aspen Townsite Addition (a BLM brasscap in place) thence N 00'21' E 299.50 feet along line 9-8 of said Addition to the point of beginning; thence N 50'39' W 218.16 feet to the West side of said Lot 7; thence N 00'55' W 366.92 feet along the West side of said l.ot 7 to a point of the South boundary of Lot 8 in Calderwood Subdivision; thence N 67'53' E 27.68 feet along the South boundary of said Calderwood Subdivision; thence N 48'49' E 32.33 feet along the boundary of said Calderwood; thence N 21'22' E 93.60 feet along the boundary of said Calderwood; thence N 42~52' E 41.00 feet along the boundary of said Calderwood; thence S 61'27' E 75.58 feet along the boundary of said Calderwood to line 8-9 of said Aspen Addition; (this line being the East Side of Lot 7); thence S 00'21' W 618.02 feet along said line 8-9 to che point of beginning. PARCEL 2: That part of Lot 6 in Section 18, Township 10 south, Range 84 West of the 6ch P.M. described as follows: Beginning at a point on line 1-2 of the Townsite of Aspen which bears N 28'28' E 150.50 feet from Corner No. 1 of said Townsite; thence N 28*28' E 134.56 feet along line 1-2 of said Townsite; thence N 89'36'12" E 382.55 feet; thence S 27*06' E 35.00 feet along the boundary of Calderwood Subdivision; thence S 28*30' E 58.02 feet along the boundary of said subdivision; thence S 69~49' E 31.14 feet along the boundary of said subdivision; thence N 67'53' E 85.52 feet_along the boundary of said subdivision to the West side of Lot 7 of Section 18; thence S 00'55' E 366.92 feet along the West side of said Lot 7; thence N 50'39' W 301.41 feet; thence S 25030' W 323.42 feet; thence N 27'04'30" W 283.03 feet; thence N 33*39' E 186.72 feet to the point of beginning. EXCEPTING from the above two (2) Parcels that part conveyed to The City of Aspen in Book 260 at Page 632. PARCEL 3: LOT 1, HOAG SUBDIVISION COUNTY OF PITKIN, STA'IE 01 (:01.ORADO. EXHIBIT "B" SITE DATA TABULATION Lot Size: Improvement Envelope Lot No. Acres Square Feet Area Square Feet Lot 1 0.68 29,730 7,764 Lot 2 0.57 24,677 8,290 Lot 3 0.35 15,160 8,037 Lot --4 0.32 13,957 7,768 Lot 5 0.49 21,215 6,056 Lot 6 0.66 28,761 5,914 Lot 7 0.34 14,939 7,315 Lot 8 0.48 20,733 5,755 Lot 9 0.23 10,058 3,474 Lot 10 0.24 10,319 3,723 Lot 11 0.18 7,988 4,697 Lot 12 0.18 7,918 4,149 Lot 13 0.17 7,365 4,310 Lot 14 0.21 9,196 6,051 Lot 15 0.25 10,732 8,115 Lot 16 0.24 10,622 4,415 Lot 17-R 0.47 20,289 5,794 Outparcel A 1.59 68,954 N/A Total Subdivision 7.64 332,613 101,627 Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.; 2) Minimum FAR for Lot 17-R shall be 1,000 sq. ft.; and 3) Maximum FAR for each Lot to be set in the deed of conveyance to each Lot owner; provided, however , the total FAR for Ten Ten Ute Subdivision cannot exceed 68,900 sq. ft. as currently calculated by the City of Aspen Code in effect June 1, 1987. EXHIBIT "C" PARK DEDICATION FEE PROPOSED DEVELOPMENT: Lot 1 4 BR Lot 2 4 BR Lot 3 4 BR Lot 4 4 BR Lot 5 4 BR Lot 6 4 BR Lot 7 4 BR Lot 8 4 BR Lot 9 4 BR Lot 10 4 BR Lot 11 4 BR Lot 12 4 BR Lot 13 4 BR Lot 14 4 BR Lot 15 4 BR Lot 16 4 BR Lot 17-R N/A * TOTAL 64 BR * Includes one (1) three-bedroom employee unit exempt from park dedication fee requirements. The December 1986 purchase price of $1,775,000.00 for the whole parcel indicates the fair market value of the Property. Fee calculated as follows: $ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38 16 Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32 EXHIBIT "D" FINANCIAL ASSURANCE GUARANTY ESTIMATE 1. Realign and pave Ute Avenue adjacent to property: 24' wide with 3" mat and 8" gravel $ 29, 500.00 2. 470' of curb and gutter $ 4,700.00 3. Realign and pave 10' wide bike path 470' $ 7,500.00 4. Irrigate and seed 10' wide landscape median $ 7,000.00 5. 6 street trees as shown on Final Landscape Plan $ 2,500.00 6. 2 fire hydrants $ 3,500.00 TOTAL $ 54, 700.00 f , MW-c 5 '1 1 McLaughlin Water Engineers, Ltd. 4 210A Ventnor Ave., Aspen, Colorado 81611 (303) 925-1920 1 92Â®i I RONALD C McLAUGHLIN DOUGLAS T SOVERN .'~ 0. Will.LAM C TAGGART s..1 - ----- ----= ~4 ' May 28, 1987 ROBERT L CARLEY - - -- - WILLIAM R KENDA11 - . CHARLES L HARIJT 4, .. RALPH 1- TOREN Dean Gordon ~ Schmueser Gordon Meyer, Inc t. 10HN T McLANE GENE A BURREU MICHAEL E MERCER 1512 Grand Ave, ~uite 212 K*Â·IN M FFLAUM Glenwood Springs ' Co. 81601 MICHAEL R GALUZZI RONALD E DVORAK ' 4 )23f~J E t~N ' MARY ANNE BUSH RE: 1010 Ute Aven,ue Sanitar:* Sewer Line HAROLD ROBERT5 JACK W STEINMEYER LEANDER L URMÂ¥ Dear Mr. Gordon: ~ The following is a slummary of my comments that were made on your resubmittal of the ten ten Ute Avenue Subdivision Sanitary Sewer Line. The comments are made on the subrnitt al of yO ur Technical Specifications and on your corrected set of Drawings, and ar e made according to Aspen Consolidated Sanitation District Standards. You wer e give,n a set of the marked-up drawings and specifications at our meeting toda:y. 1. Specification, A. Bedd ing Material is to be placed a minimum of 4-inches underneath the pip,e, then compacted in lifts (maximum of 6-inches) to 95%, to 12-inches above the. top 03 the pipe. The Material is to be roadbase or an approved equal. B. PiP e is to be SD R 35 for normal depth lines and SD R 26 for lines over 12-foot of depth. Class 150 or C-900 water pipe shall be used on all potable water line cro ssings,(a minimum of 10- feet on either side of the crossing is required). C. Manholes shall be Manufactured by Copeland Concrete or an approved equal. The use of a 4-foot diameter will be allowed. # 4 rebar shall be used in the cast-i?a-place bases on 12-inch centers each way. D. Manhole joints are to be sealed with Rub R Nek preformed gaskets or an Fipproved equal. The use of grout will not be permitted. E. Due to the depth of the services the use of in-line wyes will be required for all :service taps. ~ F. All couplings shall be ASTM C 425, watertight and a minimum of 12-inc les long or an approved equal. - f G. No Deflections will be allowed in the pipe and the pipes shall be laid with a laber. A full moon is required to be present during the line lamp test. Provide calculations on pipe line deflactions for the over depth lines. 1 i K. A new manhole is required at all connections to a existing main trurik line. ' I. A pipe joint shall be placed with-in 2-feet outside of all manholes. CASTLE ROCK DENVER LAKE DIU.ON TULSA I (918) 664-2741 (303)688 5509 003) 458-5550 (303) 468-Z141 -wir='fF' C&&491m&13#1#11#11.~4ql121FZ~ -T, 'YAIi#49~571*-.19Ilili"llIHAi C~ETE ENGINEERING SE.IMCES IN WATE, RKIHTS AND RESCX*CES WATER TREATMENT AND DISTRIBU11[Â»1 SUBSLEFACE DRA~AGE IRRIGATION FOUNTAINS STORM DRAINAGE AND ROOD CONTROL WASnEMATER COLLECTION. TREATMENT AND MUSE ARE PROTECT'lON MATER BASED RECREAT*JIN SPECIALTY HYDRALUCS RATE STUDIES AND LITILInE5 ECONOMICS Â· 1.-9&/0 L 1/4Fy'#WOK. Â·mt All"LA 7- Â¥ i.... t, . 1 Â·1 . . ., 2. Drawingal__A. Submit reproducible asbuilts at the completion of the line, with _ _ _ ties to manholes, taps, and couplings. B. Provide a stream crossing detail for the line below the dam. C. The District requires a minimum of 20-foot permanent easement for normal depth lines and for lines of 14 to 16-feet in depth, a 30-fbot easement is required. No buildings or other structures are allowed with-in the easement, including the three ponds proposed in the subdivision. The placement - of buildings or ponds near the easements should be restricted. The Inspection for the installation of the lines will be done by McLaughlin Water Engineers, Ltd. through the ACSD and paid for by the developer, who will reimburse the District. - Please refer to the drawings and specifications for additional comments and details on the above comments. If you have questions on the comments or require more information please feel free to contact me. Very Truly Yours, MeLaughlin Water Engineers, Ltd. G. Dean Derosier ec: Reiko Kuhn-ACSD -3 12 Hal Erickson-MWE Glenn Horn-Aspen Planning Department t. 'AG 5 *V ' #' 4. a Â« housing authority city of aspen/pitkin county 530 e. main street, third floor aspen, colorado 81611 [303] 925-6612 May 28, 1987 Skip Berhrhorst 1010 Ute Corporation 710 East Durant 2nd floor Aspen, Colorado 81611 RE: 1010 Ute Avenue - Cash-in-lieu provision Dear Mr. Berhrhorst: This letter is written in response to your recent telephone conversation with Ann Bowman of the Housing Office to reaffirm the agreement made in January of this year to discount the cash- in-lieu payment for the employee generation for 1010 Ute Avenue Project. You made a request in January 1987, to the (Housing Authority Board to discount the cash-in-lieu payment if the payment was made by November 1, 1987 or at time of recording of the final plat whichever was later. The Board approved your request January 14, 1987, and agreed to discount the payment from $460,000.00 to $261,016.00. This payment would equal 23 of the 26 employees generated by the project. The remaining 3 employees will be housed in a one bedroom low income unit to be constructed prior to issuance of a certificate of occupancy on the 16 free market units. The computation for the discount was calculated on $460,000.00 being paid in 5 years at 12% per annum. The discount rate is consisted with the City Land Use Code provision established by the Housing Authority this year. You indicated in the telephone conversation with Ann Bowman that you would be paying the $261,016.00 by late June 1987 and prior to recording the final plat on the 1010 Ute Avenue Project. This is in compliance with the Housing Authority's policies and this letter is written to reaffirm the position of the Housing Authority Board acting as the City Council's designee. If you require further confirmation or have questions please feel free to contact the housing office. Sincerely, /C.V .Uwto i nA'.0 4-+1'( ~ Harry Truscott Housing Authority Chairman - = U#â„¢7 - -2RT. 7/9/Iiwi' 3.4~%-9Â£"Ile,#F=/4/ . SCHMUESER GORDON MEY INC. [L[EFF[E Â®[F F[BAR]Â©[mOFFAIL 1512 Grand Avenue Suite 212 GLENWOOD SPRINGS, COLORADO 81601 DATE 5-20-1987 JOB NO. 6148 (303) 945-1004 ATTENTION RE: ' Gk-- TO Planning Department 1010 lubdivision___ La *<6 1 4 11 City of Aspen r.=suffÂ©J 130 South Galena ~ fl MAY i -111111 . 4 01981/ lili Aspen, CO 81611 1 - ,li/# J WE ARE SENDING YOU d Attached n Under separate cover via the following items: m Shop drawings C Prints 0 Plans Â£ Samples [% Specifications [3 Copy of letter m Change order n COPIES DATE NO. DESCRIPTION 1 Construction specifications THESE ARE TRANSMITTED as checked below: m For approval O Approved as submitted [3 Resubmit copies for approval 4] For your use m Approved as noted m Submit-copies for distribution U As requested m Returned for corrections Il Return corrected prints --7 El For review and comment D 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS As per Jay Hammond's concurrence, we will forward one copy of specifications each to the Sanitation Department, Water Department and to Jays' office. COPY TO Skip Behrhorst w/ encl. SIGNED: Dean W. Gordon ~/ JUEUL PRODUCT 240-3 /*~F~*7 Incâ€ž Gr*on, Alan 01471. If enclosures are not as noted. kindly notify us at once. CASELOAD SUMMARY SHEET 0-3-737-/8*_00*044 City of Aspen 7-13-1- /92- 00- 073 1-731- /72.-6W- 005 DATE RECEIVED: g/40/87 PARCEL ID AND CASE NO. DATE COMPLETE: ' 4/9( Â«6)87 STAFF MEMBER: 03 PROJECT Nâ€¢FLE: /0/0 UteAverâ„¢ â‚¬lubdivition/Put) 6-ne./ Pjaf Project Address: /610 ul Â£ Ave. Asatr}. CO AppLIGANT: 1010 04â‚¬ Corp. 1140 16Â«hrhops-1- , ViE-e- Aes,ded- Applicant Address: PO./30;r 9094 6 Aspen . do 8/6/a REPRESENTATIVE: (5I id ton A clu-Frn a-r) Representative Address/Phone: 3/6- E- Uvman Aspen. CO .5-8/66 60,1' R. 30 S / TYPE OF APPLICATION: 64.Ed i-vision /PLA FAQ /-Thd- PAID: ~ NO AMOUNT: ~-.3>620Â· 00 1 STEP APPLICATION: P&Z MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: 2 STEP APPLICATION: . 1 4, A,/7 ~ CC j MEETING DATE: v PUBLIC HEARING: YES L.NQ~Â·-~) DATE REFERRED: V) - c-2.9 3 21 INITIALS: REFERRALS: J gity Attorney Mtn. Bell School District v- City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept. Other: FILE STATUS AND LOCATION: ASPoN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925-2020 Date ,/l/1 3 i i , / 11 ...1 32.? CLA':,6-ji,r #<i -1 1 0 1 / h 1/ , thfi-4 Rz----_. 41,4-1, .01. 'br --1 ./ '/ 1 1 \ 0 - RE i ZE.!O i IN ,(i i *2-- ~\Al .i'jf) f /~ l.,f .l,.i t k t. O L A An l--- Dear (----1 j 2.' .,/ A, 11 --- This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application (IS , NOT compl ete. Additional items required include: Disclosure of Ownership (one copy only needed) , Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A chehk in the amount of $ A. Yolir application is co-mplete and we havie scheduled it for 0> r ev i ew by th e on U# ff / 01 . We w ill call you if we need Any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incompl ete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call the planner assigned to your case. Sincerely, ASPEN/PITKIN PLANNING OFFICE MEMORANDUM TO: City Attorney City Engineer FROM: Glenn Horn, Planning Office RE: 1010 Ute Avenue Subdivision/PUD Final Plat DATE: May 22, 1987 / Attached for your review and comments is an application submitted by Gideon Kaufman on behalf of his client, Skip Behrhorst requesting subdivision/PUD and final plat. Please review this material and send your comments to this office no later than May 29, 1987 in order for this office to have adequate time to prepare for its presentation before City Council. Thank you. * Jilmes J Mollicit & Assoclities, ING Real Estate Appraisers and Consultants Crystal Palace Building â€¢ 300 East Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ 303/925-8987 May 5, 1987 Mr. Skip Behrhorst 1010 Ute Corporation 710 East Durant, 2nd Floor Aspen, CO 81611 RE: Consultation for Padc Dedication Fees, Hoag Subdivision Lot 1, Aspen, CO Dear Skip: This brief letter is in response to your request for consultation regarding pack dedication fees for the 1010 Ute project and their relationship to the value of Hoag Subdivision Lot 1, which will be donated in lieu of those fees. As we have advised you, we do not feel a formal appraisal is necessary for this analysis. Rather, we feel some general consultation regarding property values are in order given the large disparity between the value of th Hoag Subdivision lot and the probable total amount of paA dedication fees. The reader should be aware that this letter does not constitute a formal appraisal. Rather, it should be considered a consultation based on our experience in the market and our preliminary knowledge of Hoag Subdivision Lot 1. If, at a future date, you should require a formal appraisal, we can complete it from information contained in our files. Although we have not walked the boundaries of Hoag Subdivision Lot. 1, we know its location, topography, and approximately size at 1.58 acres. The property is zoning category permitting one single family residence per 15,000 square feet of land area. We have not examined the covenants of Hoag Subdivision. There is sufficient size for either a single family home or duplex on the property. The possibility of a lot split exists if it is permitted under subdivision covenants. We understand there there was slide from the hillside approximately 20 years ago that may affect the location of a building or any multi-lot development potential. We have assumed the site could be approved with at least one single family residence. There are no recent sales in Hoag Subdivision, although we note that Lot 5, a 16,000 square foot lot, is cusently listed for 0249,500. The most recent sale in the immediate area is Aspen Chance Subdivision Lot 1, which sold in March, 1986 for 0275,000. This .36-acre site is located in a small, prestigious "mini-neighborhood" west of the subject but on Ute Avenue in tile same general area. The lot was purchased for FAR to be added to a home on Lot 6 in the same subdivision. We understand that the maximum probable park dedication fees for the 1010 Ute Subdivision will be approximately #70,000. From the above data and recent f Scott M. Bowie, MAI 1- James J. Mollica. M.A.1 Randy Gold. MAI i INWITU,E â€¢1 , 01 1 ~ RIA, 11!AH -4 APPRA,W R; 1 sales of land in Aspen's West End, wc feel the subject's value as a single family building site should be at least twice this amount. I hereby certify that I have no present or future contemplated interest in the subject property; that to the best of my knowledge the information contained herein is true and accurate; that my fee is not contingent upon the valuation stated herein. If we can be of any further assistance in tl,is matter, please do not hesitate to Call. Sincerely, Scott M. Bowie, M.A.I. Appraiser-Consultant .|01118 1M0I||Cil dis*latft Il~ Real Estate Appraisers and Consultants -2 --2 $*Ull.23 -----1-------21-=21392~- 2~~-*i~932 I -~~1-,c,$I:'//'Â·> ~/ y<~-/4,-,f,y,g>â€ž4 4%%2''>Ir,I, 1 ..11 .- -=--IZZZI~--A:no ,*75'%97 2Â¢309**p; 44Â·9; 33 / A '11/t,; 111, r ., 45904-â€¢ tt , ~; * I \ 111+01 1, 1,9. 4/. 1/il ,.Itt 2 '''i <'' <| '*'~' tti,4 , t , 0 1 ., .ON.6. , . 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I ,I"%.' 2.~ .~Â·o #-7o t,a#,e,, '4 .: r,fâ€ž6,4'41'1 , 1 ; ,â€ž '12,.2.,,â€ž, :i,+. i. :;,.:*â€¢i:â€¢6,#,tâ€¢â€¢,r..'14111!1:11*44! #1'14Â· 1 33=--*i.....imispli ..zille;im' ral/elp<Afir .. 4 iÂ¢ ... 0 2 i . -al/ .. ,.il , 4, 44/'.ti:didj'' 101 #Â·:'f ill I "' "' 1 N/,A,*14 - QUALIFICATIONS OF APPRAISER Scott M. Bowie, M.A. I. PROFESSIONAL AFFILIATIONS: American Institute of Real Estate Appraisers, M.A.I. #6848 Instructor. University of Colorado Continuing Education Division I,icensed Real Estate Broker in the State of Colorado Member of the Upper Colorado Board of Realtors Member of the National Board of Realtors EDUCATION: Harvard University, BA, 1971. Phi Beta Kappa. Magna Cum Laude University of Colorado Continuing Education Division: Real Estate Law; Real Estate Finance American Institute of Real Estate Appraisers: Course 1-A. Principals; Course 2, Urban Properties; Course VIII. Residential; Course 1-B. Capitalization Techniques: Course VI. Evaluation Procedures BACKGROUND AND EXPERIENCE: Appraiser-Consultant, James J. Mollica & Associates, Inc., 8/76-present Colorado Real Estate Broker: 1974-present Condominium Property Management: Durant Condominiums, Aspen, CO 1971-1976 Designated M.A. I.: March, 1984 MAJOR CLIENTS SERVED: AEpen Skiing Co. Aspen Savings & Loan Ute City Mortgage Bank of Aspen City of Aspen County of Pitkin : First National Bank in Aspen First Western Mortgage Empire Savings TYPES OF PROPERTY APPRAISED: Commercial, Office & Retail Lodges-Hotels Residential Special Purpose Buildings Ranches-Farms Apartments Subdivisions-Vacant Land Industrial Condominiums PURPOSES OF APPRAISALS: Acquisition Insurance Mortgage Condemnation Estate Planning Tax Planning STATEMENT OF CERTIFICATION: The American Institute of Real Estate Appraisers conducts a voluntary program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic education certification. I am certified under this program through September 15, 1987. Jilliles 1 Mol|lcit & 1Â£*let IK Real Estate Appraisers and Consultants al .......p +Valit, 44*46 '. 1.=.1.80=7 fi IlÂ¢.â‚¬ U ~ i . . 6 - f .... ..1. 1.~ McLaughlin Water Engineers, Ltd. Wk.* Â·.al . , 210A Ventnor *eem*snen,Â·Gele:ada_fabll (303) 925-1920 al'lf'.lk.Q-R-Q~Â£g~~41EESIEE 1 WILLIAM C TAGGART MAY 6-1987- -14 l '~ wnitAM R Keâ€¢D.u , ROBERT L CARLEY 77--Of- May 5, 1987 CHARLES L HARDT RALPH L TORE]41 )OHN T MeLANE GENE A BURRELL MICHAEL E MERCER Schmueser Gordon Meyer, Inc. I. IOHN M PFLAUM Dean Gordon RONALD E DVORAK - MICHAEL R GALUZZI 1512 Grand Avenue, Suite 212 ~ KENNETH D ZIEBART SCOTT E LENMAN Glenwood Springs, Co. 81601 ' MARY ANNE BUSH HAROLD ROBERTS IACK W STEINMEYER LEANDER L URMY RE: 1010 Ute Avenue Subdivision; Sanitary Sewer Line Review by the Aspen Consolidated Sanitation District. Dear Mr. Gordon: Mclaughlin Water Engineers Ltd. is the District Engineer for the Aspen Consolidated Sanitation District. We have been asked by the Board to review your plans for the proposed Sanitary Sewer line and Service to the 1010 Ute Avenue Subdivision. The plans have been reviewed and comments have been made, following standard ACSD Rules and Regulations, Specifications and Procedures. Comments By Tom Bracewell with the ACSD and myself are summarized as follows, and are also marked on the full size plans enclosed on page 5 of 13. The proposed alignment and design are not acceptable to the district as submitted. 1. The line must be designed and constructed according to ACSD Standards and Specifications. 2. Existing Design shows the line being placed underneath a proposed pond. This is not an acceptable location for the line. The line must be re-routed around and away from the pond. 3. Existing lines are located within property or inside lot boundaries. This situation should be avoided, due to easement, landscaping, building and access restrictions. The lines should be kept near lot boundaries and in roadways where possible. Is it possible to re-route the tie-in to the main ACSD line by keeping the line in the subdivision access road? 4. Tie--in to the main ACSD line normally requires placing a new manhole at . the tie-in location. 5. Provide Specifications and Details for installation of the line and manholes. 6. The depth of the manholes in the subdivision are 12-18 feet deep, and the grade of the pipe is at the minimum allowed by 'the district. Why so deep? A District line at that depth, requires that a C-900 or equal class of pipe be used. Shallower depth manholes and greater slope on lines are both recommended. 7. Coordinate tie-in elevations to the existing system with ACSD Asbuilt Drawings and with Tom Bracewell with the ACSD. CASTLE ROCK DENVER LAKE DILLON TULSA (303) 688-5599 (303) 4Â»5550 ' 0013) 468-n41 (918 664-2741 COMPLETE ENGENEERING SERVICES D, NATO RIGHTS AND RESOU,CES WATEN TREATMENT AND D,STR10LmON Sl-URFACE DRANAGE IRRIGATION RANTAINS STOUM DRAINAGE AND ROOD CONTROL WASTEWATER COLLECTIOh. TREATMENT AND KELI~ ARE NOTECTION MATER USED RECREATION SPEC]ALTY HYDRALUCS UTE STUDIES AND UlliniES ECONOM]CS r. 'mt ~pr 14 -I)/1*1 4#41 ! These items all need to be addressed, along with the major problem areas of lines being re-routed and submittal of specifications and installation details. This submittal needs to be revised and resubmitted with required changes prior to acceptance by the ACSD. If you have any questions, please feel free to contact myself or the AsRen Consolidated Sanitation District. VERY TRULY YOURS, MeLaughlin Water Engineers, Ltd. &.Di G. Dean Derosier ce: Glenn Horn - Aspen Planning Office Heiko Kuhn,Tom Bracewell - ACSD Jim MeL aughlin - MWE,Ltd. 65-014.00G 1-/1d. I 6.Â£1 - 512 Grand Avenue, Suite 212 f SCHMUESER )ON MEYER INC. i Glenwood Springs, Colorado 81601 9-9 44 -L Ptl--[%2rt , (303) 945-1004 X22-Â·LAuf- CONSULT/NG ENG/NEERS & SURVEYORS~ May 21, 1987 1 MeLaughlin Water Engineers Mr. Heiko Kuhn 210A Ventnor Avenue Mr. Tom Bracewell Aspen, CO 81611 Aspen Consolidated . Sanitation District 565 North Mill Street Aspen, CO 81611 RE: Ten Ten Ute Subdivision Sanitary Sewer Line i Gentlemen: In order to avoid a repeat of your delayed response time to our Pre- liminary Plat submittal in March, I am forwarding directly to each of , you the Final Plat submittal for the above referenced subdivision. You will get a duplicate of this material directly from the Planning Office, also. The Owner and I would also like to meet with you the week of May 25th to review this Final Plat submittal. This Final Plat submittal will be on the City Council agenda meeting for June 8th; as with the Preliminary Plat submittal, the whole design process for this site is significantly affected by each agency review and we would like to avoid any after the fact review comments again. I will use the letter dated May 5, 1987, as a basis for transmittal: 1) With respect to ACSD Standards and Specifications, somehow I missed out on the logic of requiring us to produce Plans and Specifications according to your standards, and then having Dean tell me that they were not available to us for use. Please find attached a set of Specifications which include Standard Details for your consideration. Hopefully, my Specifications will be sufficiently close to the District's standards so that they are acceptable for use. 2) With respect to the sewer line proposed under the pond, we have shifted the alignment to circumvent the pond as shown. The Owner, however, is still very interested in pursuing the possi- bility of running the line underneath the pond and would like to reserve the right to discuss that situation with staff and the Board at a later point in time. The two alternatives which we discussed in addition to the one shown, was a lift station and a sewer line following the roadway alignment with a bury depth of as much as thirty feet, both of which we agreed were not desirable. 3) With respect to the other sewer line guesitons, in order to f service the property by gravity, it is necessary for us to tie into the sewer line at the lowest possible location, which is 1 adjacent to The Gant complex. Please note that Manhole 2 is at I the end of a paved driveway. . May 21, 1987 McLaughlin Water Engineers Mr. Heiko Kuhn Mr. Tbm Bracewell Page two 4) With respect to the tie-in to the existing line, we will be in- stalling a new manhole as shown. 5) Please see the oomments in Number 1 above. 6) With respect to the grade of the sewer line, we have reviewed with you the grades and depths as shown; they are necessary to provide gravity service to all units. We agreed that the 12 foot to 18 foot depths were superior to installing a lift station or lift stations on site. Dean indicated that, if we utilize the District's standards, the C-900 pipe would not be reauired. The standards relate to proper trench installation techniques. 7) With respect to the existing ACSD as-builts, perhaps at our meeting, we can examine those drawings and coordinate the eleva- tions of the drawings. Thank you in advance for your prompt consideration of this submittal. I trust that we have adequately addressed your concerns listed in your May 5th letter, and that these responses are consistent with meetings held with each of you separately. I will call you after you have re- ceived this transmittal to set up a joint meeting. Respectfully submitted, SCHMUESER GORDON MEYER, INC. 1 9/7 0 -- h\- Dean W.~tordon, P.E. Owner's Representative j DWG:lec/6148 xc: -Mr. Skip Behrhorst, 1010 Ute Corporation -Gideon Kaufman, Esquire -Mr. Dick Fallin, Sutherland, Fallin, Inc. -Mr. Glenn Horn, Aspen Planning Department - .. PROTECTIVE COVENANTS FOR TEN TEN UTE SUBDIVISION PITKIN COUNTY, COLORADO ARTICLE I Purpose of Covenants -- General Requirements These covenants shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, known as Ten Ten Ute Subdivision, as defined and described in the plat therefor recorded in Plat Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado. It is the intention of 1010 UTE CORPORATION, a Colorado corporation (hereinafter referred to as "Declarant"), expressed by its execution of this instrument, that the lands within Ten Ten Ute Subdivision be developed and maintained as a highly desirable scenic and exclusive residential area. It is the purpose of these covenants that the present beauty and views and setting within Ten Ten Ute Subdivision shall always be protected as much as possible in connection with the uses and structures permitted by this instrument. These covenants shall be a burden on and run with all the lands within Ten Ten Ute Subdivision. ARTICLE II Area Designations 1. Ten Ten Ute Subdivision The words "Ten Ten Ute Subdivision" as used in these covenants shall mean all of the lands included within the plat for Ten Ten Ute Subdivision, referenced in Article I. 2. Residential Lots. Those Lots designated as Lots 1 through 16 and 17-R on the recorded plat of Ten Ten Ute Subdivision. 3. Ponds, Landscaping and Maintenance Easement Areas. Those areas designated as "Ponds, Landscaping and Maintenance Easement Areas" (hereinafter referred to as "PLM Easement Areas") on the recorded plat of Ten Ten Ute Subdivision. The areas located in the cross-hatched area of the plat shall be held in individual ownership by the respective Lot owner who shall grant a ponds, landscaping and maintenance easement to the Ten Ten Ute Homeowners' Association (referred to herein as the "Association") for which area will be maintained by the Association. 4. Improvement Envelope Landscaping and Maintenance Easement Areas. Those areas designated as "Improvement Envelope Landscaping and Maintenance Easement Areas" (hereinafter referred to as "IELM Easement Areas") on the recorded plat of Ten Ten Ute Subdivision. The areas located in the white area of the plat shall be held in individual ownership by the respective Lot owner Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 1 who shall grant an Improvement Envelope Landscaping and Maintenance Easement to the Association which area Will be maintained by the Association. 5. Improvement Envelopes. Those areas designated as "Improvement Envelopes" on the recorded plat of Ten Ten Ute Subdivision. 6. Private Road and Utility Easements. Those areas designated as "Private Road and Utility Easements" on the recorded plat which use shall be a road restricted to the private use of the owners of the Lots and their guests to be known as Ute Circle, and common utility easements for the subdivision. 7. Public Trail Easement. That area designated as "Public Trail Easement" on the recorded plat which shall be conveyed to the City of Aspen as a public trail easement. 8. Ute Avenue Right-of-Way. That area on the plat dedicated to the City of Aspen for the expansion of Ute Avenue, the Bike Trail and landscaping. The Association may maintain landscaping in the Ute Avenue right-of-way adjacent to its property. 9. Declarant. The 1010 Ute Corporation, a Colorado corporation, and its successors and assigns. 10. Association. The Ten Ten Ute Homeowners' Association, a Colorado non-profit corporation, and its successors and - assigns, through which all owners act as a group under the articles, bylaws, and this declaration. 11. Shared Driveways and Utility Easements. Those areas where two (2) lots share a common driveway, for ingress and egress, and common utilities easements as shown on the Final Plat. ARTICLE III Membership in Ten Ten Ute Homeowners' Association All persons, or associations or any other entities (other than Ten Ten Ute Homeowners' Association) (hereinafter referred to as "owners" ) who own or acquire the title in fee to any of the Lots in Ten Ten Ute Subdivision by whatever means acquired, shall automatically become members of Ten Ten Ute Homeowners' Association, a Colorado corporation not for profit (hereinafter referred to as the "Association"), in accordance with the Articles of Incorporation of Ten Ten Ute Homeowners' Association which shall be filed with the Colorado Secretary of State and recorded in the real estate records of Pitkin County, Colorado Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 2 3 recorded with the Pitkin County Clerk and Recorder. There shall be one (1) vote per Lot in the Association. ARTICLE IV Architectural Committee 1. Architectural Committee. The Architectural Committee shall be composed of three (3) natural persons appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architec- tural Committee. The members of the Architectural Committee may also be directors of the Association and need not be owners. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, ga- rages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, antennae, curbs and walks, shall be erected, altered or permitted to remain within Ten Ten Ute Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done in conjunction therewith within Ten Ten Ute Subdivision, unless the complete architectural plans and specifications and a site plan showing the location and orientation thereof for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work except as Declarant may be specifically permitted to do by these Covenants. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed for identification by the owner or his architect. The Architectural Committee shall have the right to request whatever additional specific information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify what information, reports, plans, specifications and the like are required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. This failure to act cannot approve construction which conflicts with City of Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 3 Aspen building regulations or restrictions placed on the Subdivision by the Subdivision G.M.P. or P.U.D. process. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or associations submitting such architectural plans may appeal the matter at the next annual or special meeting of the members of Ten Ten Ute Homeowners' Association where a vote of sixty percent (60%) of members votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 3. Building Permit. An owner may apply for a building permit from the the City of Aspen Building Department at any time provided however the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee from the plans approved by the Architectural Committee then all approvals of the Architectural Committee shall be deemed automatically revoked. 4. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architec- tural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in th-is instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these covenants required by any approvals obtained by Declarant from the City of Aspen for Ten Ten Ute Subdivision or which violate the City of Aspen Land Use and Building Code. No variance shall be granted without written : notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Lot owner(s). Notice to Lot owner(s) shall be deemed complete when placed in First Class Mail to the latest address for each Lot owner (s) as provided to the Association. 5. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations within Ten Ten Ute Subdivision conform and harmonize with the surroundings and with other structures as to design, materials, color, siting, height, and all other design features. The Architectural Committee shall protect the seclusion and view of each Lot insofar as possible in the development of Ten Ten Ute Subdivision pursuant to these covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Ten Ten Ute Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 4 In its review of any proposed development activity the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, harmony of architectural design with other structures within Ten Ten Ute Subdivision, location with respect to topography and finished grade elevations and harmony of landscaping with the natural setting and native trees, and other vegetation within Ten Ten Ute Subdivision. 6. Preliminary Approvals. Lot owners who anticipate constructing improvements on lands within Ten Ten Ute Subdivision, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three sets, and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifica- tions to allow the Architectural Committee to act intelligently on giving an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 7. Architectural and Site Development Plans. The Archi- tectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these covenants. 8. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or association submitting any plans for approval, or to any owner or owners of lands within Ten Ten Ute Subdivision, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such plans. The Architec- tural Committee shall have no liability or responsibility for any representations made to any owner or prospective owner by any third parties. The decisions of the Architectural Committee shall be governed by these covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these covenants. 9. Written Records. The Architectural Committee shall keep and safeguard for at least three years complete permanent written records of all approved applications including one set of the finally approved architectural and site development plans and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instru- ment. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 5 10. Authority to Promulgate Rules and Regulations. The Architectural Committee shall promulgate and adopt rules and regulations necessary to implement these covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications and the like which need to be submitted with any application, general guidelines governing the development of the Lots and Pond Areas, Landscaping and Maintenance Easement Areas, site specific limitations Or restrictions for each Lot, and payment of reasonable fees for processing or reviewing the application. These rules and regulations need not be uniform for each Lot and shall take into account the unique character of each Lot and the Improvement Envelope as described in Article V below. The Architectural Committee may also adopt rules and regulations governing any development on the Pond Areas, Landscaping and Maintenance Easement Areas not inconsistent with the requirements of these Covenants. By way of example and not by way of limitation, rules and regulations adopted by the Architectural Committee may address the following: application procedures, application fees, materials, colors, signs, improvement envelopes, height limitations, roofs, trees and landscaping, irrigation systems, exterior lighting and sound, parking and garages, walls, fences and any other concerns which may relate to any development in Ten Ten Ute Subdivision, the preservation of trees in Ten Ten Ute Subdivision, the preservation of the visual character of Ten Ten Ute Subdivision in accordance with these covenants. These rules and regulations shall be adopted by the affirmative vote of a majority of the members Of the Architectural Committee with the written consent of Declarant as long as Declarant is a Lot owner and may not be amended except by the majority vote of the members of the Architectural Committee. 11. Architectural Committee Review. All construction by Declarant outside of Improvement Envelopes shall not be subject to Architectural Committee Review. ARTICLE V General Requirements and Restrictions 1. Improvement Envelopes. a. Improvement Envelopes Uses and Restrictions. All structures on Lots 1 through 17-R, including but not limited to dwelling units, accessory buildings and uses, and roof overhangs shall be constructed only within the designated Improvement Envelopes for each Lot as described on the recorded plat of Ten Ten Ute Subdivision except as may otherwise be provided by these covenants. Accessory buildings and uses shall include but not be limited to attached garages, swimming pools, parking areas, landscape features, spas and other uses as determined by the Architectural Committee. Encroachments may be allowed beyond the Improvement Envelopes only in the following locations: The East side of Lots 9, 10, 11, 12, 13, 14 and 15 and the Ute Cemetary Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 6 side of Lots 2, 3, 4, 7, 15 and 16. These encroachments may project beyond the Improvement Envelopes only in the following manner: balcony and/or decks - extending a maximum of 18 inches; retaining walls; grade level patios and terraces; landscaping and privacy walls and spas may project to the lot lines. These encroachments are permitted only if approved by the Architectural Committee. b. Improvement Envelope Landscaping and Maintenance Easement Areas. (1) Lands within the Improvement Envelope Landscaping and Maintenance Easement Areas (referred to herein as "IELM Easement Areas") are described on the recorded plat of Ten Ten Ute Subdivision. There is hereby created and conveyed to the Association perpetual easements over and across the IELM Easement Areas to enable the Association to maintain, replace and repair. (2) Each individual Lot owner shall submit a detailed landscape and irrigation plan for his Improvement Envelope to the Architectural Committee, concurrent with house plans. When the landscaping plan has been approved and implemented and the irrigation system in the Improvement Envelope installed according to approved plan and specifications, all at the cost of the Lot owner, the Association shall maintain the landscaping and irrigation system in the same manner as in the PLM Easement Areas as described in Article V.2. Each Lot owner shall be assessed for this service by the Association. (3) The Association shall have the right to delegate or assign the functions and responsibilities with respect to the IELM Easement Areas to a manager of IELM Easement Areas who will conduct the maintenance operations for the benefit of the Association. The Association shall accept responsibilities for the IELM Easement Areas and shall be responsible for the maintenance operations. The Association shall be responsible for maintaining, replacing and repairing in the IELM Easement Areas irrigation lines and systems, landscape planting, retaining walls, and underground power lines for irrigation. The Association shall maintain insurance to protect and indemnify Lot owners and Declarant for the IELM Easement Areas. (4) In the event the Association fails to fulfill its functions and responsibilities as contained herein with respect to the IELM Easement Areas for six (6) consecutive months, then after at least thirty (30) days prior written notice to the Association within which the Association does not undertake to fulfill its responsibilities with respect to the IELM Easement Areas, Declarant may elect at its discretion, and its expense, to take over these functions and responsibilities. In the event Declarant takes over these functions and responsibilities, it shall assess the Association and the individual Residential Lot owners for, and the Association and the individual Residential Lot owners shall be liable to pay, all reasonable costs and expenses incurred to fulfill the Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 7 . J responsibilities with respect to the IELM Easement Areas, including reasonable attorneys' fees and accounting fees. 2. Ponds, Landscaping and Maintenance Easement Areas. Lands within the PLM Easement Areas as described on the recorded plat of Ten Ten Ute Subdivision are held in individual ownership by the respective Lot owners. There are hereby created and conveyed to the Association perpetual easements over and across the PLM Easement Areas which use shall include but not be limited to ponds, water features, culverts, greenspace landscaping, irrigation lines and systems, landscaping planting, common site lighting, retaining walls, fencing, entry features, underground power lines for irrigation and site lighting, signs, culvert, ponds and pumps. The Association shall defend and indemnify individual Lot owner(s), and Declarant, from all costs, claims, causes of action, suits, and legal fees arising out of the Association's use of the PLM Easement Areas, Improvement Envelopes, private driveways and walkways. The Association shall maintain insurance to protect and indemnify Lot owner(s) and Declarant for PLM Easement Areas. a. Permitted Uses. Access to the lands within the PLM Easement Areas shall be restricted to workers under the auspices of the Association. No use of any kind of the ponds shall be allowed by anyone other than these workers. Owners of individual Lots can use the landscaping and maintenance areas on their individual Lots for their own private passive uses; provided, however, that the use does not conflict with or obstruct the landscaping and maintenance of the area by the Association. Permitted structures and improvements in the PLM Easement Areas shall be limited to walkways and trails, ponds and water features, fencing, signage, irrigation and landscaping except as permitted in Article V.1. Improvements and uses by Lot owners shall require review and approval by the Architectural Committee under those procedures outlined in Article IV herein. b. Ownership of Improvements in the PLM Easement Areas. Ownership of any improvements in the PLM Easement Areas shall remain vested in Declarant until such time as the closing of the sales and delivery of deeds to purchasers of twelve (12) of the sixteen (16) Residential Lots. At such time, or earlier if Declarant elects at its discretion, Declarant shall convey and assign the improvements located on any of the PLM Easement Areas to the Association and all rights and obligations associated therewith and all facilities and uses constructed thereon, this conveyance shall reserve to Declarant the perpetual right to grant, locate and/or dedicate easements for installation, construction, maintenance, repair and replacement of any utilities and/or irrigation systems in and over the PLM Easement Areas. Except as specifically provided herein Declarant may not otherwise convey or assign the improvements located in the PLM Easement Areas. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 8 C. Rules and Regulations Governing PLM Easement Areas. At such time as Declarant contracts for or creates any improvements on the PLM Easement Areas, Declarant may promulgate rules and regulations governing the use, if any, of these facilities by owners of Lots in Ten Ten Ute Subdivision and others. There shall be no use of the ponds by individual Lot owners or their guests. It is an aesthetic feature that will be maintained by the Association. d. Utilities. Utility lines and utility easements shall be permitted in the easement area for irrigation lines and system, common site lighting, undergrounding power lines for irrigation and site lighting, and entry features. e. Maintenance of PLM Easement Areas. (1) The Association shall maintain the PLM Easement Areas preserving the attractive nature of the vegetation and maintaining the ponds, irrigation, landscaping and lighting. The Association shall be entitled to assess the Lot owners on a pro rata basis for insurance, maintenance costs, and legal fees arising from the PLM Easement Areas pursuant to these covenants. These assessments shall constitute a lien on a Residential Lot until paid and shall have the same priority and be collected and enforced in the same manner as provided for in Article X, below. (2) The Association shall have the right to delegate or assign the functions and responsibilities with respect to the maintenance of the PLM Easement Areas to a manager of the PLM Easement Areas who Will conduct the maintenance operations for the benefit of the Association. The Association shall accept responsibilities for the PLM Easement Areas and shall be responsible for the maintenance operations. Such responsibility shall include operating, maintaining, replacing, repairing and improving in the PLM Easement Areas, the irrigation lines and system, landscaping planning, common site lighting, retaining walls, fencing, entry features, underground power lines for irrigation and site lighting, signs, culverts, ponds and pumps. (3) In the event the Association fails to fulfill its functions and responsibilities as contained herein with respect to the PLM Easement Areas for six (6) consecutive months, then after at least thirty (30) days prior written notice to the Association within which the Association does not undertake to fulfill its responsibilities with respect to the PLM Easement Areas, Declarant may elect at its discretion, and its expense, to take over these functions and responsibilities. In the event Declarant takes over these functions and responsibilities, it shall assess the Association and the individual Lot owners for, and the Association and the individual Lot owners shall be liable to pay, all reasonable costs and expenses incurred to fulfill the responsibilities with respect to the PLM Easement Areas, including reasonable attorneys' fees and accounting fees. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 9 3. Irrigation. An irrigation system shall be constructed in the PLM Easement Area by the Declarant. Individual Lot owners will construct underground irrigation systems in the individual Improvement Envelopes. This system shall contain separate zones. The Association shall set the times of use for each zone. A blanket easement over each Lot for access to this system is hereby granted. Lot owners shall locate controls for the irrigation system in their Improvement Envelopes at easy to access exterior locations for the Association. 4. Employee Lot 17-R. A three-bedroom, two-bath employee unit shall be built on Lot 17-R. This unit shall be restricted per the rental guidelines and GMP commitments made by Declarant. Ownership of this lot and the improvement constructed on the Lot shall remain vested in Declarant until such time as the closing of sales and delivery of deeds to purchasers of twelve (12) of the sixteen (16) Lots. At such time or earlier, if Declarant elects at its discretion, Declarant shall convey and assign the Lot and all improvements located on Lot 17-R to the Association and all rights and obligations association therewith. Declarant shall maintain the right to designate the employees who shall live in the unit, and Declarant shall maintain the right to use the common facilities or den of the employee unit as long as Declarant conducts his business relating to maintenance, management, sales or rentals in the Subdivision. In the event Declarant places a loan on the employee unit, the Association will assume the loan at the time said unit is transferred by the Declarant to the Association as long as this i assumption does not result in a negative cash flow. Negative cash flow as used herein is defined as an excess of the principal, interest, taxes and insurance payments for the loan and for Lot 17-R at the date of the assumption over and above the maximum income rental payments permitted by housing guidelines for the employee unit on a yearly basis. This Lot and employee unit will be owned by the Association in fee ownership, and the Association shall pay all cost associated with ownership and maintenance. 5. Utilities. Declarant shall provide individual stubs for water, sewer and irrigation to the edge of the road easement. Lot owners shall pay water and sewer tap fees, as well as connection fees for the construction of their homes as required by utility agencies. Individual lot owners shall be responsible for service line extension, construction and maintenance of such utility service lines and individual metering necessary to service any structure built on the lot. Utility construction shall be revegetated by and at the expense of the owner or owners causing the installation of utilities no later than the next growing season following installation. All other utilities shall be available to the edge of the road easement. Declarant hereby reserves easements over the PLM Easement Areas, in such locations determined by Declarant to be reasonably Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 10 necessary, to construct, install, repair and maintain and for ingress and egress to and from utility facilities from any utility lines located on the PLM Easement Areas. 6. No Further Subdivision. No Lot described on the recorded plat of Ten Ten Ute Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in any less than the full dimensions as shown on the recorded plat of Ten Ten Ute Subdivision; provided however, conveyances or dedications of easements for utilities may be made for less than all Of one Lot. Notwithstanding the foregoing, a Lot line adjustment between two Lots in Ten Ten Ute Subdivision shall be deemed a permitted subdivision, subject however, to any reviews or approvals that may be required by the City of Aspen Land Use Code. 7. Domestic Animals. Domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors; provided, however, that no more than one dog per owner shall ever be permitted, and no tenants may have dogs. At no time shall dogs be permitted to run free nor shall outside dog runs be allowed. There shall there be no farm animals permitted in the Subdivision. 8. Underground Utility Lines. With respect to the new construction or the extension of any utilities, all water, sewer, gas, electrical, telephone, cable T.V. and other utility pipes or lines within the limits of Ten Ten Ute Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Ten Ten Ute Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the owner or owners causing the installation of the utilities no later than the next growing season following installation. 9. Service Yards and Trash. Equipment, service yards or storage piles on any Lots may be permitted during construction if they receive Architectural Committee review approval. All rubbish and trash shall be removed from all Lots in Ten Ten Ute Subdivision and shall not be allowed to accumulate and shall not be burned thereon. 10. No Mining, Drilling or Quarrying. Mining, quarrying, tunnelling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of Ten Ten Ute Subdivision. Individual wells shall not be permitted on any Lot and no owner shall be permitted to drill for water on his Lot. 11. Raw Water Agreement. All Owner and the Association shall adhere to the requirements set forth in the Raw Water Agreement with the City of Aspen recorded in Book at Page in the official records of Pitkin County, Colorado. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 11 12. Resolution of City Council -- P.U.D. and Subdivision Improvements Agreement. All owners shall adhere to the requirements set forth in the P.U.D. and Subdivision Improvements Agreement between Declarant and the City Council of Aspen, Colorado, recorded in Book at Page and Book at Page , respectively, of the official records of Pitkin County, Colorado, and any duly enacted amendments thereto which may be made. ARTICLE VI Restrictions on Lots 1. Number and Location of Buildings. No buildings or uses shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. 2. Completion of Construction. Any construction activity on any Lot in Ten Ten Ute Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from its commencement or shall obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. 3. Fireplaces/Woodburning Stoves. All Residential Units in Ten Ten Ute Subdivision shall comply with the fireplace regu- lations of the City of Aspen. All woodburning stoves in Ten Ten Ute Subdivision shall be certified as approved by the Environmental Health Department of the City of Aspen. 4. Driveways. Driveway design, location, surfacing material and construction methods shall be approved by the Architectural Committee. The design and construction of driveways shall comply with the City of Aspen Road Standards and Specifications governing driveways. 5. Building Height Restrictions. No roof shall exceed twelve feet (12') above the center line of the existing ridge starting at the south property line of Lot 15, and extending northerly throught Lot 14, 15 and a portion of Lot 13, determined by an overall distance of one hundred eighty feet (180') from the south line of Lot 15. The height limit will not exceed twelve feet (12') above the ridge center line starting at an elevation of 8020.5 at the south line of Lot 15 to elevation 7990 on Lot 13. The building to be constructed on Lot 17-R shall be limited to one-story. Except as noted above, all other structures on the individual lots of the subdivision shall comply with the building height provisions for R-15 zoning of the City of Aspen Land Use Code. 6. Soils Testing. Site specific soils testing for design and engineering of driveways and structures shall be done for all Lots in the Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 12 , 7. Metal Roofs. No metal roofs shall be permitted in the subdivision. 8. Satellite Dishes. No satellite dishes shall be permitted in the Subdivision. 9. F.A.R. Restrictions. No lot in the subdivision other than Lot 17-R shall have a house of less than 3,000 square feet. The maximum FAR for each lot shall be set in the deed of conveyance from the Declarant to the Lot owner. Provided, however, in no event shall the FAR for the Subdivision (all seventeen (17) lots) exceed 68,900 sq. ft. as currently defined by City of Aspen Code on FAR calculation as of June 1, 1987. 10. Drainage Guidelines. Individual homesites shall handle their on-site flows by drywells and/or retention ponds. No developed flows of individual homesites shall be allowed to flow into the Roaring Fork River, the Wheeler Ditch, or Ute Avenue. 11. Energy Conservation. All residential construction on Residential Lots shall be designed to provide at least a twenty- five percent (25%) energy savings above the minimum requirement of the City of Aspen "Energy Conservation and Thermal Insulation Standard," Chapter 53, Uniform Building Code, adopted January 22, 1979. Individual building design will determine the most effi- cient manner to comply with this performance standard. Each owner of a Residential Lot shall provide an energy conservation report to the City of Aspen Building Inspector as part of his building permit application which gives proof of compliance with this energy conservation standard. 12. Used or Temporary Structures. No used or previously erected or termporary house structure, mobile home or trailer is permitted in the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months or the issuance of a Certificate of Occupancy, whichever first occurs. 13. Drainage Control. Each owner shall install culverts where driveways cross road ditches, irrigation channels and other drainage ways as required by the Architectural Committee. The minimum size of any culvert and the construction methods utilized in installing any culvert shall be approved by the Architectural Committee. 14. Road Damage. Each owner is responsible for any damage caused to private roads during the construction of improvements upon his property by any vehicle belonging either to him or any one using the roads of Ten Ten Ute Subdivision while engaged in any activity benefiting the owner. Lugged vehicles are not permitted on the roads within Ten Ten Ute Subdivision. Furthermore, each Lot owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 13 . damage caused by failure to install culverts properly and in a timely manner as provided in paragraph 13 above. A deposit for road damage may be required by the Architectural Committee. 15. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including but not limited to those specified below, shall be enclosed within a solid, covered structure. Any motor home, trailer, boat, truck, tractor, snow removal or garden equipment, and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof. 16. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of Ten Ten Ute Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the owners thereof by sight or sound. 17. Firearms. The discharge or shooting of firearms is Â· prohibited in Ten Ten Ute Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. 18. Assumption of Ground Water Risk. There is an assumption of risk of potential ground water for Lots 1, 2, 5, 6 and 8 because of their proximity to the ponds. During architectural review, Lot owners must submit plans to the Architectural Committee demonstrating that they have incorporated protection mechanisms against ground water from the ponds in their house design. Approval of plans by the Architectural Committee does not relieve the assumption of risk from these Lot owners. 19. General Restriction. All Lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VII Easements Reserved 1. Easements Described on Plat. The lands within Ten Ten Ute Subdivision are subject to any and all easements described on the recorded plat of Ten Ten Ute Subdivision. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 14 I I 2. Main Road and Utility Easements Reserved. There is hereby created a thirty-five foot (35') wide road and utility easement for the Subdivision's main road for the purpose of the private use of the owner(s) of the Lots and their guests. There is a blanket easement for operating, replacing, enlarging and repairing electric, telephone, water, sewer, irrigation, gas, cable television and similar lines, pipes, wires, ditches, and conduits. Declarant reserves the right to locate these easements or portions thereof across any portions of any of the Lots, the PLM Easement Areas, or any other portions of Ten Ten Ute Subdivision if such is deemed necessary for the most efficient and expeditious running of the utilities, provided in no event shall any such easement run through an Improvement Envelope or across any area of a Lot wherein which an owner has received approval from the Architectural Committee to construct improvements. With respect to the utilization of any easement on any Lot reserved hereunder, the easement shall be deemed an as-built easement at such time as any utilities are constructed pursuant to these easements reserved. Declarant hereby reserves an access and construction easement over, on and across the PLM Easement Areas as required for constructing, maintaining, operating, replacing and repairing ponds, walkways, utilities, landscaping or other improvements. 4. Fence Licenses Within Easements. No fence or other improvement shall ever be placed in any of the easements created and reserved under any paragraph of this Article VII unless prior written authorization therefor shall be obtained from the Archi- tectural Committee. Any such authorization shall be deemed to be a revocable license and the owner or owners of the Lot upon which said fence is constructed shall promptly remove the same at their expense upon request of the Architectural Committee. Damage to any such fence occasioned by construction, maintenance and/or repair of any service or system shall be repaired by the owner or owners of the Lot at their sole expense. 5. Ownership of Easements. All easements and rights created and reserved in this Article shall be and remain vested in Declarant until such time as Declarant has executed and delivered an instrument in writing transferring the same or a part thereof to the utility company or other entity requiring the easement or to the Association. Upon any such transfer, Declarant shall be relieved from all continuing responsibilities therefor. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 15 ARTICLE VIII Private Access Easement, Driveways and Emergency Access 1. Ownership of Private Access Easement. Declarant hereby reserves to the Association a perpetual access easement over and across the Private Access Easement. Declarant hereby reserves perpetual right to use the Private Access Easement. Declarant hereby reserves perpetual right to use the Private Access Easement for access to and from the PLM Easement Areas and any other lands or areas retained by the Declarant and for other purposes reasonably necessary to pursue and implement any and all rights retained by Declarant under these Covenants. 2. Maintenance of Driveways. All driveways accessing the individual Lots constructed in Ten Ten Ute Subdivision shall be constructed and maintained at the expense of the owner(s) whose Lot(s) is being served by a particular driveway. 3. Shared Driveways. Where Lots share a driveway, the first Lot to construct shall pay the cost of constructing the driveway. The constructing Lot owner will be reimbursed by the sharing adjacent property owner at the time that owner receives a building permit for the construction of a house on his Lot. The constructing Lot owner shall be entitled to reimbursement for a normal driveway design utililizing specifications and standards promulgated approved by the Architectural Review Committee. Owners of Lots sharing driveways shall enter into a maintenance and reimbursement agreement which Will include late fees, penalties, and reimbursement for damage to driveways during construction. This agreement will be executed concurrent with Lot purchases. The Association shall have the right to require common maintenance and snow clearing agreements with the owner(s) of Lots to maintain the total length of driveways servicing the Lots. 4. Emergency Access Easement. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter servicing Ten Ten Ute Subdivision and its residents, to enter upon the Main Road, Private Access Easements and driveways located in Ten Ten Ute Subdivision and on any property in Ten Ten Ute Subdivision in the lawful performance of their duties. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 16 .. ARTICLE IX Employee Housing Commitment The employee housing commitment will be satisfied by a cash-in-lieu payment paid by Declarant. This will be prepaid by Declarant and each purchaser of a Lot will be free of this requirement. Declarant shall construct a three-bedroom, two-bath employee unit. The three-bedroom unit shall be restricted to the low-income rental or sales guideline and shall be at least 1,000 square feet. The unit shall be constructed and a Certificate of Occupancy issued prior to the issuance of a Certificate of Occupancy for the first free-market residential unit of the project to allow for concurrent construction of the units. The rental or sales price guidelines for the unit shall be adjusted to the low-income guidelines in effect at the time of issuance of a Certificate of Occupany for the unit. ARTICLE X Collection of Assessments -- Enforcement 1. Assessments. All Lot owners (including Declarant) shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses for maintaining, improving, snowplowing and snow removal in the Private Access Easements, including Ute Circle; for snowplowing and snow removal for shared and private driveways; expenses for managing, maintaining, repairing and irrigating the PLM Easement Areas and IELM Easement Areas; expenses for taxes attributable to improvements and underlying land in PLM Easement Areas, IELM Easement Areas, and Lot 17-R; expenses for maintaining and improving the common utility line system; expenses for contracting or maintaining a security system for the residents of Ten Ten Ute Subdivision; fire protection systems; expenses of the Architectural Committee; insurance, accounting, legal functions of the Association; assessments for purchase, operation and mainteance of a van or truck which will provide a scheduled shuttle service for early morning and late afternoon operations during the ski season for the purpose of providing skier and shopping access to core areas of the town, and, any other reasonable costs and expenses incurred by the Association in pursuit of its purposes. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of Ute Circle and the PLM Easement Areas and IELM Easement Areas and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes, each owner, including each Lot owned by Declarant, shall be required to pay his pro rata portion of these funds. As used herein, an owner's pro rata portion of common expense shall mean a fraction formed by the number of Lots purchased and held by the Lot owner(s), including Declarant Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 17 . I (numerator), and the number of Lots in the Subdivision (16) (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the owners a special assessment for such purpose or purposes, in accordance with these covenants, or the articles or bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the owners obligated to pay such assessments and shall be due and payable as determined by the Board of Directors. 2. Lien for Non-Payment of Assessments or Fines. All sums assessed by the Board of Directors including, without limitation, the share of common expense assessments chargeable to any Lot owner, any fines which may be levied on a Lot owner and unpaid common utility fees and assessments charged to a Lot owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a. tax and special assessment liens on the Lots in favor of any governmental assessing unit, and, b. all sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. If any assessment shall remain unpaid after twenty (20) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting owner as may be established by the Board. In addition the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the Lot and its legal description. Such a notice shall be signed by one of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien may be enforced by foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 18 equity, may also sue an owner personally to collect any monies owed the Association. C. Each owner hereby agrees that the Association's lien on a Lot for assessments as hereinbefore described shall be superior to the Homestead Exemption provided by Colo. Rev. Stat. Ann. Â§ 38-41-201, et seq. (1973, as amended) and each owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within Ten Ten Ute Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. d. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of the lands within Ten Ten Ute Subdivision. In addition, each owner of land within Ten Ten Ute Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these covenants. Declarant independently, for so long as it retains any of the rights granted, retained or reserved to it hereunder, shall have the right to prosecute any action for injunctive relief and for damages against any owner or the Association by reason of any violation of these covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorney's fees. 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Ten Ten Ute Subdivision in violation of these covenants and no action is commenced within one year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one year limitation shall not apply to injunctive or equitable relief against other violations of these covenants, nor shall it apply to the provisions of paragraph 4 of Article VII. 5. Fines. In addition to the enforcement actions provided for above, the Board of Directors shall have the right, after affording notice and an opportunity to be heard to a Lot owner, to fine, in a reasonable amount, the owner for any violations of these covenants. The fine may be assessed as a lump sum or on a per diem basis for the number of days that an owner is in vio- lation of the covenants. Any such amounts that a Lot owner is fined shall be deemed a lien against the Lot and may be collected and foreclosed on in the same manner as is provided above for the collection of common expense assessments. No owner shall convey or mortgage his lot unless and until all sums due the Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 19 Association, whether or not evidenced by recorded statement , are currently paid, but no mortgage transaction shall be voidable by the Association, nor shall the superior position of a first mortagee be adversely by a lien of the Association. At least ten (10) business days prior to any conveyance or mortgage, the owner shall deliver written notice to the Association advising it of the proposed transaction and the names and addresses of all transferrees and mortgagees involved. If any assessment is due and owing by the owner, his grantee or mortgagee shall apply the proceeds of any such transaction to the payment of delinquent amounts due the Association before paying or disbursing any amounts to the owner. The grantee of a lot shall be jointly and severally liable with his grantor for all unpaid assessments against the latter up to the time of the grant or conveyance without prejudice to the grantee's right to recover from the grantor any amounts paid by the grantee therefor. Upon written request and payment of such reasonable fees as may be set by the Board, the Association shall issue a written statement to such grantee or mortgagee verifying the status of all assessments or charges affecting the lot. Any statement as to the existence or amount of any delinquencies shall conclusively bind the Association. 6. Cutting Off Service. The Board of Directors may adopt rules and regulations which permit them to withhold services to Association members who are delinquent in paying fines and or assessments. ARTICLE XI Insurance 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverages, if appropriate: a. Property and fire insurance with extended coverage and standard all-risk endorsements, including vandalism and malicious mischief,' on the Association property. The total amount of insurance, after application of deductibles, shall be one hundred percent (100%) of the replacement value of the insured property exclusive of land, foundations, and other items normally excluded from property policies. b. Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with, including but not limited to, irrigation, water supply, landscaping maintenance and snow removal, the ownership, operation, maintenance or other use of Association Property, PLM Easement Areas, and the Private Roadways. This policy shall also cover operation of automobiles on behalf of the Association. The policy shall be in an amount not lesst han $500,000.00 per injury, per person, per occurrence, Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 20 with an umbrella liability limit of at least $1,000,000.00 per occurrence. C. Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with, including but not limited to, irrigation, water supply, landscaping maintenance and snow removal, the operation and maintenance Association performs in the IELM Easement Areas, private driveways and walkways. d. Workmen's compensation and employer's liability insurance in the amounts and in the forms required by law. e. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. f. Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of privacy and errors and omissions and other forms of liabiltiy generally covered in officers and directors liability policies. g. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. Such insurance shall be at standard premium rates as 2 established by the Colorado Insurance Commissioner and written with companies licensed to do business in Colorado having a Best insurance report rating of Class A+10 or better. No policy shall be obtained where: (1) contributions or assessments may be made against the Mortgagor or Morgagee's designee under the terms of the insurance company's charter, bylaws or policy; (2) by the terms of the carrier's charter, bylaws or policy, loss payments are contingent upon action by the company's board of directors, policyholders or members; or (3) the policy includes any limiting clauses (other than insurance conditions) which could prevent mortgagees from collecting insurance proceeds. 2. Named Insured and Interests. Policies of property insurance shall name the Association as the insured and the entity to which payment is to be made. The certificate or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and upon request, to any owner or mortgagee. 3. Invalidation or Reduction of Coverage. Insurance policies carried pursuant to Section 6.1(a) must provide the following: Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 21 a. that the insurer waives its right to subrogation under the policy against any owner, any lessee and their families; b. that no act or omission by any occupant will void the policy or be a condition to recovery under the policy, unless that person is acting within the scope of his authority as an officer of the Association or as a member of the Board; and C. that if, at the time of a loss under the policy, there is other insurance in the name of an owner or any lessee covering the same property covered by the policy, the policy is primary insurance not contributing to the owner's individual insurance. ARTICLE XI General Provisions 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Ten Ten Ute Subdivision, and the benefits thereof shall inure to the owners of the lands in Ten Ten Ute Subdivision and the benefits and burdens of all said covenants shall run with the title to all of the lands in Ten Ten Ute Subdivision. 2. Termination of Covenants. In the event these covenants have not been sooner lawfully terminated pursuant to any applica- ble laws of the State of Colorado and Pitkin County, Colorado, and the provisions herein contained, these covenants may be terminated on January 1 Of the year 2036 by a vote of ~- seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these covenants are not so terminated then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members a properly certified copy of the resolution of termination shall be placed on record in Pitkin County, Colorado, not more than six (6) months after the meeting at which such such vote is cast. 3. Amendment of Covenants. These covenants may be amended by a vote of seventy-five (75%) percent of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Pitkin County, Colorado, not more than six months after said meeting. PROVIDED HOWEVER, no amendment shall be permitted which (a) is inconsistent with any of the rights granted, retained or reserved to Declarant hereunder or which attempts to enlarge or expand any obligation of Declarant hereunder, unless such is consented to in writing by Declarant, or (b) is consistent with requirements imposed by City of Aspen in the approval process. Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 22 '1 + 4. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. 6. Successors and Assigns of Declarant -- Release of Rights. Any rights or responsibilities granted or retained by Declarant under these covenants shall inure to and be binding on any successors in interest or assigns of Declarant and any person or entity which accedes to the rights and obligations Of Declarant with respect to the real property governed by these covenants. Declarant at any time may give up and release any of these rights by written notice to the Association and the Association on its receipt of such notice shall thereupon be responsible for any obligations associated with such rights released by Declarant. A copy of such notice shall be recorded in the official records of Pitkin County, Colorado. 7. Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the property or any portion thereof, or any improvements thereon, physical condition, zoning compliance with the applicable laws, fitness for intended use or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or other regulations hereof as a Planned Unit Development except as expressly set forth in this declaration and the Subdivision Agreement and PUD Agreement signed with the City of Aspen. 8. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. The owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. IN WITNESS WHEREOF, these Protective Covenants of the Ten Ten Ute Subdivision have been executed as of the day and year first above written. DECLARANT: ATTEST: 1010 UTE CORPORATION, a Colorado corporation By By Assistant Secretary David G. Behrhorst, Vice-President (NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE) Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 23 '. STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) Acknowledged, subscribed and sworn to before me this day of , 1987, as Assistant Secretary and DAVID G. BEHRHORST as Vice-President of 1010 UTE CORPORATION, a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public Protective Covenants/Ten Ten Detailed Submission 5/21/87 Page 24