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HomeMy WebLinkAboutcoa.lu.su.Fox Crossing Sub.0015.2012.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0015.2012.ASLU PARCEL ID NUMBERS 2737 07 392 014 PROJECTS ADDRESS 0 FOX CROSSING SUBDIVISION PLACE PLANNER AMY SIMON CASE DESCRIPTION SUBDIVISION AMENDMENT REPRESENTATIVE GARFIELD AND HECHT DATE OF FINAL ACTION 4.4.12 DATE OF FINAL REFUND/ 12.31.14 PAYMENT CLOSED BY ANGELA SCOREY ON: 1.13.15 0 07 ' 3OOH ,- - 20 ( Z T1J A,� 7Ejdit Navigate Form Reports Format Tab Help ►X ►< ►> �� J l • � jumps 1& Routing Status �Fees Fee Summary FMam Actions Attachments Routing History Valuation ArchjEnq Custom Fields Sub Permits / 0 Permit type aslu Aspen Land Use Permit# 0015.2012.ASLU w Address 0 FOX CROSSING SUBDIVISION PARCE Aptj uite 7� °o City ASPEN State CO Zp 81611 Permit Information i Master permit Routing queue aslu07 Applied M K012 Project Status pending Approved _ _Description APPLICATION FOR FOX CROSSING SUBDIVISION FOR INSUBSTANTIAL Issued - SUBDIVISION AMENDMENT PARCEL#2737 07 392 014 ClosedjFinal Submitted GARFIELD&HECHT 544 3442 Clock Running Days Expires 3111 f?013 Submitted via Owner Last name FOX CROSSING PROPERTIE First name 601 E HOPKINS ASPEN CO 81611 Phone (970)920-0007 Address Applicant 2 Owner is applicant? ❑Contractor is applicant? Last name FOX CROSSING PROPERTIE I First name 601 E HOPKINS Phone (970)920-0007 Cust# 29238 Address ASPEN CO 81611 Lender Last name First name i Phone ( Address L. AspenGold5(server) angelas _ 1 of 1 cQ 103 21 SS OO 312-1 cl INSUBSTANTIAL AMENDMENT OF SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION This Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision (this "Insubstantial Amendment") is made and entered into the 27th day of March, 2012, by and between the City of Aspen, Colorado, a municipal corporation (the "City"), and Fox Crossing Properties, LLC, a Colorado limited liability company("FCP"), for the purposes recited herein. RECITALS A. The City and Walnut Property, LLC, a Colorado limited liability company, entered into that certain Subdivision Agreement for Fox Crossing Subdivision (the "Original Agreement") on June 16, 2005. The Original Agreement was recorded in the real property records of Pitkin County, Colorado on June 20, 2005, at Reception No. 511411. B. The Original Agreement applies to Fox Crossing Subdivision (the "Subdivision") as defined and described in the Fox Crossing Subdivision and Vacation Plat (the "Plat"), recorded in the real property records of Pitkin County, Colorado on June 20, 2005, in Plat Book 74 at Pages 17 through 22, at Reception No. 511410. All references to "Lots" in this Insubstantial Amendment refer to lots within the Subdivision as defined by the Plat. C.) The City currently holds $186,750.00 (the "Completion Fund") as security for the completion of the performance required by Article V of the Original Agreement. The Completion Fund is held by the City at a commercial bank or savings institution as readily available, liquid funds. D. FCP is the successor of Walnut Property, LLC, in the Original Agreement because, among other things, it is the owner of Fox Crossing Meadow, and Lots 3, 4, 5, 6, 7, 8, and 12, all as described and defined in the Plat. FCP is also the owner of Unit A, Fox Crossing Lot 10 Condominium_ E. Article V of the Original Agreement included a list of"Subdivision Improvements" which were required to be completed prior to the issuance of any Certificate of Occupancy("C-O")with respect to the Subdivision. F. The City has required that the remaining Subdivision Improvements be completed, as described in Section 5 of the body of this Insubstantial Amendment. G. FCP has agreed to complete construction of the remaining Subdivision Improvements, pursuant to the terms and conditions of this Insubstantial Amendment. H. The City and FCP wish to modify the Original Agreement to reflect the terms and conditions set forth in this Insubstantial Amendment. - - -- - - RECEPTION#: 587999, 04/04/2012 at 04:10:52 PM, 1 OF 8, R $46.00 Doc Code AGREEMENT Janice K.Vos Caudill, Pitkin County, CO Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 1 • i AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby confessed and acknowledged, the City and FCP hereby amend the Original Agreement as follows: 1. Insubstantial Amendment Controls. The provisions of this Insubstantial Amendment shall supersede and take precedence over any part, or parts, of the Original Agreement which are in conflict with the covenants found herein. All teens used herein but not defined in this document shall have the meaning ascribed to them in the Original Agreement. 2. Recitals Correct. The parties represent and affirm that the Recitals of this Insubstantial Amendment, as set forth above, accurately reflect the facts as stated therein. 3. Additional Deposit to Completion Fund. Within three (3) business days of the execution of this Insubstantial Amendment by the City and FCP, FCP shall pay to the City the sum of$186,750 (the "Additional Escrow Deposit")to held by the City as part of the Completion Fund, subject to the terms and conditions of Article V of the Original Agreement, as modified by this Insubstantial Amendment. No portion of the Additional Escrow Deposit shall be released to FCP until the Subdivision Improvements described in Section 5, below, have been accepted by the City as provided in said Section 5. 4. Modifications of Subsection 3.6 (2) of Original Agreement. FCP shall convey Fox Crossing Meadow (the "Park") to the City on the earlier of (a) five (5) or fewer (at FCP's discretion) business days following the date on which the City Engineer, Parks Department and Water Department have each provided written acceptance of the Subdivision Improvements required in the Park and (b) September 16, 2012. 5. Modifications of Article V of Originalgreement. The Subdivision Improvements described in Subsections (2), (3), and (4) of Article V of the Original Agreement remain unsatisfied and will be completed by FCP pursuant to the provisions of this Section 5. The plans and specifications for said Subdivision Improvements were submitted by FCP's predecessor in Fox Crossing Meadow and accepted by the City; said Subdivision Improvements will be constructed as described in those plans and specifications unless a change or changes are agreed upon in writing by the City and FCP. The estimated costs set forth in Article V of the Original Agreement have no relevance or applicability to the unsatisfied Subdivision Improvements described below. (a) Subsection (2) of Article V of the Original Agreement (construction of a six-foot wide trail) is modified as follows: Concurrent with construction of Fox Crossing Meadow as provided in Subsection 5.(b), below, the trail and associated drainage improvements shall be constructed as required by Subsection (2) of Article V of the Original Agreement and pursuant to City Engineer and Parks Department standards. In the event the surface of the trail is materially damaged following its initial acceptance by the City as a result of construction of residences on Lots 3 or 4, FCP shall, as a condition of the issuance of a certificate of occupancy for the relevant lot or lots, either repair the surface of the trail to the original "as built" condition, or cause those repairs to be made by the owner of the relevant lot or lots. (b) Subsection (3) of Article V of the Original Agreement(installation and landscaping of Fox Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 2 Crossing Meadow) is modified as follows: FCP shall complete the required improvements in accordance with plans and specifications already approved by the City as soon as is practicable, but in no event later than September 15, 2012. (c) Subsection (4) of Article V of the Original Agreement (installation of a sidewalk adjacent to Lone Pine Road) is modified as follows: FCP shall complete the sidewalk as required in the Original Agreement concurrent with its construction of Fox Crossing Meadow, as provided in Subsection 5.(b), above. (d) The "water loop" required by Article V, Subsection 5 of the Original Agreement has been constructed and accepted by the City. However, it is unclear if all necessary easements for maintenance, repair and replacement of the water loop by the City have been executed and recorded in the real property records of Pitkin County. On or before September 15, 2012, FCP shall deliver to the City easements duly executed and recorded in the real property records of the County which satisfy the reasonable requirements of the City's Water Department in regard to the water loop. The City will inspect and, if appropriate, accept each of the Subdivision Improvements described in Subsections 5(a), (b),. (c) and (d), immediately above, within ten (10) business days of the date FCP submits a written request for such inspection to the City. E-mail requests shall be permitted if directed to both the City's Community Development Director and the City Engineer. The Completion Fund has been and will continue to be administered according to those provisions of Article V of the.Original Agreement which relate to a "letter of credit or bond"; provided, however, that the City will release moneys from the Completion Fund against invoices from the person doing the work required to complete the Subdivision Improvements. The remaining balance of the Completion Fund shall be paid or released to FCP within five (5) business days of the date all of the Subdivision Improvements described in Subsections 5.(a), (b), (c) and (d), immediately above, have received written acceptance by the City Engineer, Parks Department and Water Department. 6. Issuance of Certificates of Occupancy. The City shall issue a final, unconditional C-O for the residence located on Lot 7 immediately upon its receipt of the Additional Escrow Deposit described in Section 3, above. No other C-Os will be issued for any material improvements located within the Subdivision until such time as all of the Subdivision Improvements described in Subsections 5.(a), (b), (c) and (d), above, have received written acceptance by the City Engineer, Parks Department and Water Department. 7. Acknowledgment by Contract Purchasers. FCP represents and warrants that (a) it has entered into contracts for the sale of Lots 7 and 8, and Unit A, Lot 10 Condominium, to the third persons whose names appear on the pages labeled "Acknowledgment of Amendment of Subdivision Agreement", which follow this Agreement; (b) that all such third persons have seen and received a copy of this Insubstantial Amendment in the form finally agreed upon by the City and FCP; (c) each such third person has signed a counterpart of said Acknowledgment of Amendment of Subdivision Agreement; and (d) it has not entered into any other contracts for the sale of lots within the Subdivision. 8. Miscellaneous. Except as provided herein, the terms and conditions of the Original Agreement shall remain in full force and effect. This Insubstantial Amendment may be executed in Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 3 counterparts,each of which shall constitute an original,,and all of which shall:constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Insubstantial Amendment as of the date Insubstantial.above written. CITY OF ASPEN, APPROVED AS TO FORM: a.Colorado municipal corporation By: ZiaR. True is BeU�dn City Attorney CommuDevelopment Director FOX CROSSING PROPERTIES,LLC, A Colorado limited liability company By Pi e �a STATE F ORADO } s County f tkin - �� �PVII . Jehn�v' 'w, was acknowledged before me this_day of�trctr,2012,by C-kris �) Edon,a �` ` pment�Director of the City of Aspen, Colorado. Witne 11th My commission expires: �o NotaryPublic STATE OF } } 5s. County of } The foregoing instrument was acknowledged before me this 2--day of left,2012,by Pierre Wildman as Manager of Fox Crossing Properties,LLC,.a Colorado limited liability company: Witness my hand and official seal E' -LL E c C1C r�o v.11 e-011�et�l G v ' My commission expires: t Notary Public Insubstantial Amendment of Subdivision:Agreement for Fox Crossing Subdivision Page 4 s • CALIFORK ALL. URPOSE APKNO L DGMENT State of California County of Ccs wrg-A coST On {4 P(ZL L 2'. 2O 12.. before me .. 1ItV Cnl W�^NDE 'i•_. Date - - - -Here Insert Name and.Title;of the Officer ' personally appeared 'PI E`{Z?,t. V4A L-3>hA 4 t•:l Name(s)of Signers) 1 i who proved to me on the basis of satisfactoryWdenceto be:the person(s) whose�hame(s) is/are subscribed.to the } within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized vlvil nt whoa capacity(ies), and:that by his/her/their signature(s) on the -- • Commissioq�,1814 TU instrument the person(s), or the entity upon behalf of Notary public-California i which the person(s) acted, executed the instrument. solano County M COMM.: ireS A V26,2013+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ;�V ,E --_ Signature. - .r� �V" � Place Notary Seal Above Signature.of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying On the document and could prevent fraudulent removal and reattachment of thiS form to another document. i f Description of Attached Document sr Title or Type of Document lelL 'Z, Document Date: 2-0 12— —Number of Pages: Signer(s)Other Than Named Above: - Capacity(ies)rC�laimed by.Signer(s) Signer's Name:uEe'ire_ Signer's Name:....._ :19 Individual O Individual ❑ Corporate.Officer—Title(s): ❑Corporate Off icer--Title(s)" 0 Partner—O Limited ❑General : , ❑ Partner—❑Limited ❑General ❑ Attorney in Fact • ❑Attorney in Fact • El Trustee Top of thumb here, TCUStee Top of thumb here 0, Guardian cr Conservator ❑Guardian or Conservator El Other: ❑.Other:, Signer Is Representing:,S EL {i , ;y: Signers Representing: Mkt �t 02007 National Notary Association•'9350 De Soto'Ave.,.P.O.Box 2402•.Chelswohh;.CA 91313.2402•www.Nati6naiNoiary.org Item 85907 Reorder:Call Toll Free 1-800-876-6827 i i 0 ,ACKNOWLEDGMENT'OF AMENDMENT OYSUBDIVISION AGREEMENT By, my,: signature below,, I acknowledge that I (a) -am under contract to purchase Lot 8, Fox Crossing Subdivtsion; and (b);have wen an received;a copy;of the InsubstantiaT.Ainendmerif;Qf SSubdvision.Agreernent For Fox Crossing Subdivision, BD DEVELOPMENT,LLC a;Colorado limited li tli comp y BY: 3 William H..04 r Date: Member Mdnager Insubstantial Amendment of Subdivision;Agreement for Fox Crossing;Subdivision, Page.5 (28/12 09 : 52AM MDT '8669297870 ' —> 6312672030 Pg 2/2 ACKNOWLEDGMENT OF AMENDMENT OF SUBDIVISION AGREEMENT By my signature below, I acknowledge that I (a) am under contract to purchase Lot 7, Fox Crossing Subdivision, and (b)have seen and received a copy of the Insubstantial Amendment Of Subdivision Agreemen o Crossing Subdivision. Larry I ands Date. Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 5 ACKNOWLEDGMENT OF AMENDMENT OF SU13DIVISION AGREEMENT By my signature below, I acknowledge that I (a) am under contract to purchase Unit A, Fox Crossing Lot 10 Condominiums, Pitkin County,Colorado,and(b)have seen and received a copy of the Insubstantial Amendment Of Subdivision Agreement For Fox Crossing Subdivision. FOXY L a Colo do lime e lia ' it mp y By: Name: Sev'94- .J Date: Title: I i I E Insubstantial Amendment of Subdivision Agreement for Fox Crossing Subdivision s Page 5 I I __..._........_._,...._....._......_.........__.............................. _,.. ..............__._.........,..........._._...._.__.._._.,....,..__._....._._.___ ......_.......__.._._.._.,.._..._..._._.....i,.—._._,—.__ Certificate o • Occupancy Aspen/Pitkin 6ommunity Development Department This certificate Issued pursuant to the requirements of the 2003 edition of r110 sdction of.the International Residential Code. It certifies that at the date of Issuance,the structure as described below was in compliance with the various resolutions and ordinances regulating building construction and use in this jurisdiction. Use Classification: SFR Building Permit: 0246.2006.ARBK Legal Description: SUBDIVISION:FOX CROSSING,LOT: 7 AKA HOUSE•L Building Address: 537 RACE ASPEN CO 81611 Owner of Building: FOX CROSSING PROPERTIES LLC Owner Address: 601 E HOPKINS ASPEN CO 81611 Group: IRC Type of Construction: VB ' Use Zone: R6 Description: INCLUDES SEVEN BEDROOMS, FOUR FULL BATHS,TWO 3/4 BATHS,ONE 1/2 BATH,ONE KITCHEN, GREAT ROOM,MEDIA ROOM,DINING ROOM,ONE.ELEVATOR,TWO HEAT-N-GLO GAS APPLIANCES,ONE HEATILATOR GAS LOG FIREPLACE,AND ATTACHED 1 WO CAR GARAGE Commepts&Restrictions: NFPA 13D FIRE SPRINKLER SYSTEM INSTALLED SNOWMEL-T SYS EM INSTALLED lef Building Official Da e Note: 1n all occupancies,except R,this rilficate must be posted Ina conspicuous place near the main exit on the premises d for which It is Issued. Any alteration or of these described premises or portion thereof without the written approval of the Building Offidal shall negate this C.O.and subject t to revocation.' •. aTAMENDMENT OF SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION This First Amendment of Subdivision Agreement for Fox Crossing Subdivision (this "First Amendment") is made and entered into the day of March, 2012, by and between the City of Aspen, Colorado, a municipal corporation (the "City"), and Fox Crossing Properties, LLC, a Colorado limited liability company ("FCP"), for the purposes recited herein. RECITALS A. The City and Walnut Property, LLC, a Colorado limited liability company, entered into that certain Subdivision Agreement for Fox Crossing Subdivision (the "Original Agreement") on June 16, 2005. The Original Agreement was recorded in the real property records of Pitkin County, Colorado on June 20, 2005, at Reception No. 511411. B. The Original Agreement applies to Fox Crossing Subdivision (the "Subdivision") as defined and described in the Fox Crossing Subdivision and Vacation Plat (the "Plat"), recorded in the real property records of Pitkin County, Colorado on June 20, 2005, in Plat Book 74 at Pages 17 through 22, at Reception No. 511410 2 C. The City currently holds $19.00 (the "Completion Fund") as security for' the completion of the performance required by the Original Agreement. The Completion Fund is. held by the City at a commercial bank or savings institution as readily available, liquid funds. D. FCP is the successor of Walnut Property, LLC, in the Original Agreement because, among other things, it is the owner of Fox Crossing Meadow, and Lots 3, 4, 5, 6, 7, 8, and 12, all as described and defined in the Plat. . E. Article V of the Original Agreement included a list of "Subdivision Improvements" which were required to be completed prior to the issuance of any Certificate of Occupancy ("C- O")with respect to the Subdivision. �3 l 'J Subsequent to the recordation of the Original Agreement, the then-owner of all of the lots in the Subdivision and the City of Aspen Parks Department, with the consent of the Aspen Historic Preservation Commission ("HPC"), agreed to postpone completion of certain of the Subdivision Improvements to allow Fox Meadow Park (the "Park") to be used as a temporary storage site for historic homes located on Lots 5 and 6 within the Subdivision. Pursuant to that agreement C-Os were issued by the City for completed residences located on ten of the Lots within the Subdivision. G. The City has required that the remaining Subdivision Improvements be completed, as described in Section 3 of the body of this First Amendment. a H. FCP has agreed to complete construction of the remaining Subdivision Improvements, pursuant to the terms and conditions of this First Amendment. . First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page I • o Summary of Comments on. Microsoft Word - 794209_1 Page: 1 Number:1 Author:amyg Subject:Sticky Note Date:3/22/2012 5:34:25 PM Change"First Amendment"to"Insubstantial Amendment"throughout the document. Number:2 Author:amyg Subject:Sticky Note Date:3/22/2012 5:34:29 PM $186,750 Number:3 Author:amyg Subject:Sticky Note Date:3/22/2012 4:51:20 PM Please drop Recital F. There is a difference of opinion about why the Subdivision Improvements haven't proceeded and it isn't really necessary to address in this amendment. o , ' t 0 o s � L The City and FCP wish to modify the Original Agreement to reflect the terms and conditions set forth in this First Amendment. AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby confessed and acknowledged, the City and FCP hereby amend the Original Agreement as follows: 1. First Amendment Controls. The .provisions of this First Amendment shall supersede and take precedence over any part, or parts, of the Original Agreement which are in conflict with the covenants found herein. All terms used herein but not defined in this document .shall have the meaning ascribed to them in the Original Agreement. 2. Recitals Correct. The parties represent and affirm that the Recitals of this First Amendment, as set forth above, accurately reflect the facts as stated therein. i 3. Modifications of Article V of Original Agreement. The Subdivision Improvements described in Subsections (2), (3), and (4) of Article V of the Original Agreement remain unsatisfied and will be completed by FCP pursuant to the provisions of this Section 3. (a) Subsection (2) of Article V of the Original Agreement (construction of a six-foot wide trail) is modified as follows: Concurrent with 2 struction of Fox Crossing Meadow as provided in Subsection 3.(b), below, the trai Q I1 be constructed as rl 3 d by Subsection (2) of Article V of the Original Agreement and pursuant to Department standards. Certificates of occupancy for residenc 4 ated on Lots 3 and 4 shall not be issued until the trail has been accepted by the City.; Q 5 (b) Subsection (3) of Article V of the Original Agreement (installation and landscaping of Fox Crossing Meadow) is modified as follows: FCP shall complete the required improvements in accordance with plans and specifications'already approved by the City as soon as is practicable, but in no event later than September 15, 2012. (c) Subsection (4) of Article V of the Original Agreement (installation of a sidewalk adjacent to Lone Pine Road) is modified as follows:, FCP shall complete the sidewalk as required in the Original Agreement concurrent with its construction of Fox Crossing Meadow, as provided in Subsection 3.(b), above. Certificates of occupancy for residences located Lots 11 and 12 shall not be issued until the sidewalk has been accepted by the City. The pletion Fund has been and will continue to be administered according to those provisions of Article V of the Original Agreement which relate to a "letter of credit or bond"; provided, however, that the City will release moneys from the Completion Fund against invoices from the person doing the .work required to complete the Subdivision Improvements up to $114,000 for the work required by Subsections (2) and (3) of Article V of the Original Agreement and $17,500 for the work required by.Subsection (4) of Article V of the Original Agreement. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 2 b Page: 2 ;a-;Number:1 Author:amyg Subject:Sticky Note Date:3/22/2012 4:53:31 PM Please insert"Modifications of Article 3.6 of Original Agreement."The first sentence of Article 3.6,Subsection (2)needs to be amended to say that Fox Crossing Meadow will be conveyed to the City upon the City Engineer,Parks Department and Water Department's written acceptance of the completed improvements,in no event later than September 16,2012. z__:)Number:2 Author:amyg Subject:Sticky Note Date:3/22/2012 4:28:55 PM and associated drainage improvements .aNumber:3 Author amyg Subject:Sticky Note Date:3/22/2012 4:29:19 PM City Engineer,and Number 4 Author amyg Subject:Sticky Note Date:3/22/2012 4:53:52 PM Drop this last sentence. Timing of future COs is addressed on the next page. :Number:5 Author:amyg Subject:Sticky Note Date:3/22/2012 4:08:45 PM The discussion so far has been that this trail will be temporarily built of crusher fines and then permanently done in concrete after surrounding houses are built. Why the change? How will trail damage from those houses,if it happens,be paid for? Number 6 Author amyg Subject:Sticky Note Date:3/22/2012 4:54:05 PM Drop this last sentence. Timing of COs is addressed on the next page. r Number:7 Author:amyg Subject:Sticky Note Date:3/22/2012 4:56:05 PM Drop this whole paragraph and insert an amendment to Article V,as it is appears after Subsection 7,starting where the SIA states that"As portions of the Subdivision Improvements are completed,the City Engineer shall inspect,"etc. The City no longer wishes to release any of the escrowed funds until after the City-Engineer,City Parks Department and City Water Department shall inspect and approve the Subdivision Improvements and issue written acceptance. 4. Issuance of Certificates of Occupancy. The City shall issue a final, unUR conal C-O for the residence located on Lot 7 at the time it executes this First Amendment. pt as provided by Subsections 3(a) and (c), above, the City will issue additional C-Os in the normal course of business as structures in the Subdivision are completed and accepted by the City's Building Department. 5.0 Other Changes in Original o 1 Agreement. Once the City has accepted the Subdivision Improvements described in Subsection 3(b), above, FCP may temporarily relocate the historic homes (the "Historic Homes") now located on Lots 4 and 5 to any other Lot or Lots within the Subdivision. The Historic Homes may not be relocated to Fox Crossing Meadow without the prior approval of the HPC. 6. Miscellaneous. Except as provided herein, the terms and conditions of the Original Agreement shall remain in full force and effect. This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. 3 CITY OF ASPEN, Q a Colorado municipal corporation By: Chris Bendon Community Development Director FOX CROSSING PROPERTIES,LLC A Colorado limited liability company By: Pierre Wildman Manager 4 Q First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 3 I Page: 3 :=Number:1 Author:amyg Subject:Sticky Note Date:3/22/2012 4:20:55 PM Drop the second sentence and replace with"No other COs shall be issued,nor Final Inspections conducted for any lot in the Subdivision until the City Engineer and Parks Department have issued written acceptance of the Subdivision Improvements." Number:2 Author:amyg Subject:Sticky Note Date:3/22/2012 4:57:01 PM Drop Agreement 5. Anytime a house is moved,HPC has to approve the specific temporary storage site. We can't give blanket approval for all locations throughout the Subdivision. The houses will not be able to be stored on the Fox Crossing Meadow. h=;Number:3 Author:amyg Subject:Sticky Note Date:3/22/2012 4:22:39 PM Insert: Approved as to Form and a signature line for James R.True Number:4 Author:amyg Subject:Sticky Note Date:3/22/2012 4:23:35 PM All owners or contract purchasers of any lot in the Subdivision that does not already have a C.O.need to be a party to the agreement. Please add signature lines for all of them A t STATE OF COLORADO } } ss. County of Pitkin } The foregoing instrument was acknowledged before me this_day of March, 2012, by Chris Bendon, as Community Development Director of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF } } ss. County of } The foregoing instrument was acknowledged before me this_day of March, 2012, by Pierre Wildman as Manager of Fox Crossing Properties, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public t First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 4 • e Amy Guthrie From: E. Michael Hoffman <mhoffman@garfieldhecht.com> Sent: Tuesday, March 20, 2012 5:26 PM To: Amy Guthrie Cc: Harris A. Cahn; Larry Sands; Orr, Shane Subject: Revised Proposed First Amendment of SIA for Fox Crossing. Attachments: Compare First Amendment of SIA.pdf; First Amendment of SIA v, 2.pdf Amy: 0 The current owner of Fox Crossing Meadow and the undeveloped lots in the Subdivision has decided that it will complete all of the remaining work required under the SIA as soon as is practicable, rather than waiting for the completion of homes located on lots adjacent to the proposed work. For that reason all of the remaining work, including the work on the Park, should be completed by this coming summer. I have attached clean and redline versions of the revised First Amendment of SIA which reflects this new intention. We,would like the City to consider this attached revised First Amendment at your meeting scheduled for this coming Thursday, instead of the version of the First Amendment I included in the packet submitted last Thursday. After.you have had an opportunity to review the attachment, please call to discuss, at your convenience. Thanks for your helpl =-::Mike ),, .Michael Hoffman OCounsel,Garfield and Hecht, P.C. 6.01,.E. Hyman Avenue Aspen,Colorado 81611 (970)544-3442,ext.232; (866)929-7870 Telefax This message is intended only for the individual or entity to which it is addressed and may contain information that is attorney work- product,privileged,confidential and exempt from disclosure under applicable law. If the reader of this message.is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you haye:received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via email or the United States Postal Service. Ernail secured by Check Point Tax' Advice Disclosure: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction. FIRST AMENDMENT OF SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION This First Amendment of Subdivision Agreement for Fox Crossing Subdivision (this "First Amendment") is made and entered into the 4-e day of March, 2012, by and between the City of Aspen, Colorado, a municipal corporation (the "City"), and Fox Crossing Properties, LLC, a Colorado limited liability company ("FCP"), for the purposes recited herein. RECITALS A. The City and Walnut Property, LLC, a Colorado limited liability company, entered into that certain Subdivision Agreement for Fox Crossing Subdivision (the "Original Agreement") on June 16, 2005. The Original Agreement was recorded in the real property records of Pitkin County, Colorado on June 20, 2005, at Reception No. 511411. B. The Original Agreement applies to Fox Crossing Subdivision (the "Subdivision") as defined and described in the Fox Crossing Subdivision and Vacation Plat (the "Plat"), recorded in the real property records of Pitkin County, Colorado on June 20, 2005, in Plat Book 74 at Pages 17 through 22, at Reception No. 511410 - C. The City currently holds $196,750.00 (the "Completion Fund") as security for the completion of the performance required by the.Original Agreement. The Completion Fund is held by the City at a commercial bank or savings institution as readily available, liquid funds. D. . FCP is the successor of Walnut Property, LLC, in the Original Agreement because, among other things, it is the owner of Fox Crossing Meadow, and Lots 3, 4, 5, 6, 7, 8, and 12, all as described and defined in the Plat. E. Article V of the Original Agreement included a list of "Subdivision Improvements" which were required to be completed prior to the issuance of any Certificate of Occupancy ("C- O")with respect to the Subdivision. F. Subsequent to the recordation of the Original Agreement, the then-owner of all of the lots in the Subdivision and the City of Aspen Parks Department, with the consent of the Aspen Historic Preservation Commission ("HPC"), agreed to postpone completion of certain of the Subdivision Improvements to allow Fox Meadow Park (the "Park") to be used as a temporary storage site for historic homes located'on Lots 5 and 6.within the Subdivision. Pursuant to that agreement C-Os were issued by the City for completed residences located on ten of the Lots within the Subdivision. G. The City has required that the remaining Subdivision Improvements be completed,.as described in Section—1 of the body of this First Amendment. H. FCP has agreed to complete construction of the remaining Subdivision Improvements, pursuant to the terms and conditions of this First Amendment. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 1 I. The City and FCP wish to modify the Original Agreement to reflect the terms and conditions set forth in this First Amendment. AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby confessed and acknowledged, the City and FCP hereby amend the Original Agreement as follows: 1. First Amendment Controls. The provisions of this First Amendment shall supersede and take precedence over any part, or parts, of the Original Agreement which.are in conflict with the covenants found herein. All terms used herein but not defined in this document shall have the meaning ascribed to them in the Original Agreement. 2. Recitals Correct. The parties represent and affirm that the Recitals of this First Amendment, as set forth above, accurately reflect the facts as stated therein. 3. Modifications of Article V of Original Agreement. The Subdivision Improvements described in Subsections (2), (3), and (4) of Article V of the Original Agreement remain unsatisfied and will be completed by FCP pursuant to the provisions of this Section 3. (a) h regard to the requirements ^f Subsection (2) of Article V of the .Original Agreement (construction of a six-foot wide trail); is modified as follows: The trail between Tet Z ...n.7 T et ^ F em- D.,..e A 1ley to the 90 degree tuH; +., 44.e 1S ,.*h hA fi..inhorl with stabilized er-usher- fines pursuant te th-e Stffindafds ef the Par-ks Depai4fnent. wil' be aeter-minea and Concurrent with construction of Fox Crossing Meadow as provided in Subsection 3.(b)�below. the trail shall be constructed as Genre ui ed by Subsection (2) of Article V of the Original Agreement and pursuant to Parks Department standards. Certificates of occupancy for residences located on Lots 3 and 4 shall not be,issued until the trail has been accepted by the City. (b) r„--«gate the requirements of Subsection (3) of Article V of the Original Agreement (installation and landscaping of Fox Crossing Meadow); is modified as follows: FCP shall complete the required improvements in accordance with plans and specifications already.approved by the City as soon as is practicable, but in no event later than September 15, 2012. (c) in ^r-a to ther-equir-ements of Subsection (4) of Article V of the Original Agreement (installation of a sidewalk adjacent to Lone Pine Road); is modified as follows:, FCP shall complete the sidewalk shell he installed as required in the Original Agreement oncurre ith it construction of. Fesidenees an Lots 11 and 12. Fox Crossing Meadow, as provided in Subsection 3.(b) above. Certificates of occupancy for residences located on Lots I1 and 12 shall not be ' issued until the sidewalk has been accepted by the City. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 2 The Completion Fund has been and will continue to be administered according to those provisions of Article V of the Original Agreement which relate to a "letter of credit or bond"; provided, however, that.the City will release moneys from the Completion Fund against invoices from the person doing the work required to complete the Subdivision Improvements up to $114,000 for the work required by Subsections (2) and (3) of Article V of the Original Agreement and $17,500 for the work required by Subsection (4) of Article V of the Original Agreement. 4. Issuance of Certificates of Occupancy. The City shall issue a final, unconditional C-O for the residence located on Lot 7 at the time it executes l^ar--s this First Amendment. No ether- G Os shall be issued by the City until the Subdivisien impr-eveffiefits deserib�d in Subseetion 3(b), above, have Except as provided by Subsections 3(a) and (c), above. the City will issue additional C-Os in the normal course of business as structures in the Subdivision are completed and accepted by the City. Following the City's 4fnpr-evefnents deser-ibed in Subseetien 3(b), abeve, the City shall issue eef4ifieates ef eeeupaney for the remaining lots in the Subdivision, exrept as limited by Subseetions (a) and (e) of Seefien 3, .-'s Building Department. 5. Other Changes in Original Agreement. Once the City has accepted the Subdivision Improvements described in Subsection 3(b), above, FCP may temporarily relocate the historic homes (the "Historic Homes") now located on Lots 4 and 5 to any other Lot or Lots within the Subdivision. The Historic Homes may not be relocated to Fox'Crossing Meadow without the prior approval of the HPC. 6: Miscellaneous. Except as provided herein, the terms and conditions of the Original Agreement shall remain in full force and effect. . This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. CITY OF ASPEN, a Colorado municipal corporation By: Chris Bendon Community Development Director FOX CROSSING PROPERTIES, LLC A Colorado limited liability company By: Pierre Wildman Manager First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 3 STATE OF COLORADO } ° } ss. County of Pitkin } The foregoing instrument was acknowledged before me this_day of March, 2012, by Chris Bendon, as Community Development Director of the City of Aspen, Colorado. Witness my hand and official seal My commission expires: Notary Public STATE OF } } ss. County of } The foregoing instrument was acknowledged before me this_day of March, 2012, by Pierre Wildman as Manager of Fox Crossing Properties, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public a First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 4 FIRST AMENDMENT OF SUBDIVISION AGREEMENT. FOR FOX CROSSING SUBDIVISION This First Amendment of Subdivision Agreement for Fox Crossing Subdivision (this "First Amendment") is made and entered into the day of March, 2012, by and between the City of Aspen, Colorado, a municipal corporation (the "City"), and Fox Crossing Properties, LLC, a Colorado limited liability company ("FCP"), for the purposes recited herein. RECITALS A. The City and Walnut Property, LLC, a Colorado limited liability company, entered into that certain Subdivision Agreement for Fox Crossing Subdivision (the "Original Agreement") on June 16, 2005. The Original Agreement was recorded in the real property records of Pitkin County, Colorado on June 20, 2005, at Reception No. 511411. B. The Original Agreement applies to Fox Crossing Subdivision (the "Subdivision") as defined and described in the Fox Crossing Subdivision and Vacation Plat (the "Plat"), recorded in the real property records of Pitkin County, Colorado on June 20, 2005, in Plat Book 74 at Pages 17 through 22, at Reception No. 511410 C. The City currently holds $196,750.00 (the "Completion Fund") as security for the completion of the performance required by the Original Agreement. The Completion Fund is held by the City at a commercial bank or savings institution as readily available, liquid funds. D. FCP is the successor of Walnut Property, LLC, in the Original Agreement because, among other things, it is the owner of Fox Crossing Meadow, and Lots 3, 4, 5, 6, 7, 8, and 12, all as described and defined in the Plat. E. Article V of the Original Agreement included a list of "Subdivision Improvements" which were required to be completed prior to the issuance of any Certificate of Occupancy ("C- O") with respect to the Subdivision. F. Subsequent to the recordation of the Original Agreement, the then-owner of all of the lots in the Subdivision and the City of Aspen Parks Department, with the consent of the Aspen Historic Preservation Commission ("HPC"), agreed to postpone completion of certain of the Subdivision Improvements to allow Fox Meadow Park (the "Park") to be used as a temporary storage site for historic homes located on Lots 5 and 6 within the Subdivision. Pursuant to that agreement C-Os were issued by the City for completed residences located on .ten of the Lots within the Subdivision. G. The City has required that the remaining Subdivision Improvements be completed, as described in Section 3 of the body of this First Amendment. H. FCP has agreed to complete construction of the remaining Subdivision Improvements, pursuant to the terms and conditions of this First Amendment. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 1 b I. The City and FCP wish to modify the Original Agreement to reflect the terms and conditions set forth in this First Amendment. AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby confessed and acknowledged, the City and FCP hereby amend the Original Agreement as follows: 1. First Amendment Controls. The provisions of this First Amendment shall supersede and take precedence over any part, or parts, of the Original Agreement which are in conflict with the covenants found herein. All terms used herein but not defined in this document shall have the meaning ascribed to them in the Original Agreement. 2. Recitals Correct. The parties represent and affirm that the Recitals of this First Amendment, as set forth above, accurately reflect the facts as stated therein. 3. Modifications of Article V of Original Ajzreement. The Subdivision Improvements described in Subsections (2), (3), and (4) of Article V of the Original Agreement remain unsatisfied and will be completed by FCP pursuantto the provisions of this Section 3. (a) Subsection (2) of Article V of the Original Agreement (construction of a six-foot wide trail) is modified as follows: Concurrent with construction of Fox Crossing Meadow as provided in Subsection 3.(b), below, the trail shall be constructed as required by Subsection (2) of Article V of the Original Agreement and pursuant to Parks Department standards. Certificates of occupancy for residences located on Lots 3 and 4 shall not be issued until the trail has been accepted by the City. (b) Subsection (3) of Article V of the Original Agreement (installation and landscaping of Fox Crossing Meadow) is modified as follows: FCP shall complete the required improvements in accordance with plans and specifications already approved by the City as soon as is practicable, but in no event later than September 15, 2012. (c) Subsection (4) of Article V of the Original Agreement (installation of a sidewalk adjacent to Lone Pine Road) is modified as follows:, FCP shall complete the sidewalk as required in the Original Agreement concurrent with its construction of Fox Crossing Meadow, as provided in Subsection 3.(b), above. Certificates of occupancy for residences located on Lots 11 and 12 shall not be issued until the sidewalk has been accepted by the City. The Completion Fund has been and will continue to be administered according to those. provisions of Article V of the Original Agreement which relate to a "letter of credit or bond"; provided, however, that the City will release moneys from the Completion Fund against invoices from the person doing the work required to complete the Subdivision Improvements up to $114,000 for the work required by Subsections (2) and (3) of Article V of the Original Agreement and $17,500 for the work required by Subsection. (4) of Article V of the Original Agreement. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 2 4. Issuance of Certificates of Occupancy. The City shall issue a final, unconditional C-O for the residence located on Lot 7 at the time it executes this First Amendment. Except as provided by Subsections 3(a) and (c), above, the City will issue additional C-Os in the normal course of business as structures in the Subdivision are completed and accepted by the-City's Building Department. 5. Other Changes in Original Agreement. Once the City has accepted the Subdivision Improvements described in Subsection 3(b), above, FCP may temporarily relocate the historic homes (the "Historic Homes") now located on Lots 4 and 5 to any other Lot or Lots within the Subdivision. The Historic Homes may not be relocated to Fox Crossing Meadow without the prior approval of the HPC. 6. Miscellaneous. Except as provided herein, the terms and conditions of the Original Agreement shall remain in full force and effect. This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. CITY OF ASPEN, a Colorado municipal corporation By: Chris Bendon Community Development Director FOX CROSSING PROPERTIES, LLC A Colorado limited liability company By: Pierre Wildman Manager First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 3 ` i STATE OF COLORADO } } ss. County of Pitkin } The foregoing instrument was acknowledged before me this_day of March, 2012, by Chris Bendon, as Community Development Director of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF } } ss. County of } The foregoing instrument was acknowledged before me this_day of March, 2012, by Pierre Wildman as Manager of Fox Crossing Properties, LLC, a Colorado limited liability company. Witness my hand and official seal.. My commission expires: Notary Public First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 4 Fox Crossing Properties, LLCRECEIVED c/o Harris A. Cahn P.O. Box 4060 MAR 15 2012 Aspen, Colorado 81612 CITY OF ASPEN COMMUNITY DEVELOPMENT March 15, 2012 Ms. Amy Guthrie City of Aspen Historic Preservation Officer 130 S. Galena Street Aspen, CO 81611 Re: Request for Insubstantial Subdivision Amendment for Fox Crossing Subdivision, Aspen, Colorado. Dear Ms. Guthrie: Fox Crossing Properties, LLC (the "Applicant") a Colorado limited liability company, is the current owner of Lots 3, 4, 5, 6, 7, 8, and 12, as well as the Fox Crossing Meadow parcel, Fox Crossing Subdivision, Aspen, Pitkin County, Colorado (collectively, the "Property"). As described in the attached letter from Garfield & Hecht, P.C., the Applicant is the successor of Walnut Property, LLC, in the Subdivision Agreement for Fox Crossing Subdivision (the "SIA"), which was recorded in the real property records of Pitkin County on June 20, 2005, at Reception No. 511411. Representatives of the City and the Applicant have met several times over the past several years to discuss those aspects of the SIA which have not been finally accepted by the City. The most recent of those meetings occurred on February 16, 2012, and involved James R. True, City Attorney, Trisha Aragon, City Engineer, Brian Flynn, Open Space and Special Projects Manager, you and me. A copy of my memorandum on the outcome of that meeting, along with comments subsequently made by Ms. Aragon and Mr. Flynn is attached to this application as Exhibit A. A proposed First Amendment of Subdivision Agreement for Fox Crossing Subdivision (the proposed "First Amendment") has been filed with this application as Exhibit B. I believe the proposed First Amendment fully incorporates the changes discussed, and tentatively agreed upon, at the meeting of February 16, 21012. As shown in the proposed First Amendment, the total anticipated cost of the remaining subdivision improvements is $131,500. This total cost figure was provided in an E-mail from Tricia Aragon to Harris Cahn dated October 14, 2011. A copy of this E-mail is attached hereto as Exhibit C. As shown in the E-mail, Ms. Aragon suggests that $114,000 is a fair estimate of the cost of completing Improvements #2 and #3, and $17,500 is a fair estimate of the cost to complete Improvement#4. The E-mail also includes an estimate to finish the Improvement#5, but as shown in the E-mail attached to this application as Exhibit D, the"water loop" has already been installed. t Ms. Amy Guthrie March 15, 2012 Page 2 Exhibit E reports the amount currently held by the City in the "Completion Fund," as defined in the proposed First Amendment of Subdivision Agreement. The amount currently held is $196,750. This represents a surplus of approximately 50% of the estimated cost of the improvements. Pursuant to the requirements of the Pre-Application Conference Summary provided by Amy Guthrie on February 24, 2012, the following additional attachments are included with this application: 1. A letter from E. Michael Hoffman demonstrating that Fox Crossing Properties, LLC, is the owner of Fox Crossing Meadow and Lots 3, 4, 5, 6, 7, 8 and 12 of Fox Crossing Subdivision, and the successor to Walnut Property, LLC, the developer who signed the original Subdivision Agreement, including copies of the deeds connected with its ownership. Exhibit F. 2. The completed Land Use Application Form. Exhibit G. 3. Letter of Authorization from Fox Crossing Properties, LLC. Exhibit H. 4. A vicinity map. Exhibit I. 5. A copy of the original Subdivision Agreement. Exhibit J. Finally, a check in the amount of$2,155 is also enclosed as the deposit for your consideration of this application. Thank you for your prompt attention to this request. Sincerely, tyR E C OF I"WR E D FOX CROSSING PROPERTIES, LLC MAR 15 20112 a Colorado limited liability company CITY OF ;ASPEN COMMUNITY DEVELOPMENT By: Harris A. Cahn Authorized Representative Ex}ibtt A T , Memorandum of meetin> on Thursday.February 16,2012 Attending:Jim True,Trisha Aragon,Brian Flynn,Amy Guthrie. ` ' IN Topic: Issuance of CO for Fox Home"L"(Lot 7,537 Race Alley) We met ata approximately 1:10 m. After a briefsynopsis of the background and the s � PP Y Pg issue to be discussed the following was agreed to: x� A Certificate of Occupancy("CO")shall be issued for Fox Crossing Properties,LLC .` x ("Fox")home"L"known as and located at Lot 7,Fox Crossing Subdivision,537 Race Alley,Aspen,CO("L")and,if not already issued,Fox home"O"known as and located z at Lot 10,Fox Crossing Subdivision,511 Race Alley,Aspen,CO,Unit A,Lot 10 ' Condominium.("O")subject to and upon completion of the following: z s k m 1). Ay will schedule an inspection of Fox Home"J",the Victorian Miner's Cabin ;x located on Fox Crossing Lot 5 with Stephen Kanipe to determine the condition of the cabin and whether it needs repairs. Once Amy has the inspection scheduled she will � � `k advise Harris Cahn who will make arrangements to have Rick Halevy of Blue River construction resent at the site for the inspection.Fox will make an required repairs. P P Y 9y ` 10111 AI. NT 2). It will be the continuing obligation of the owner of Fox Home"J",the Victorian ' Miner's Cabin located on Fox Crossing Lot 5,to continue to maintain the Cabin in substantially the condition it presently is in,subject to HPC inspections and existing ordinances. s F k ry x �� v z -gym 3). A contract will be entered into between Fox as owner("Owner")and Blue River v Construction Management,Inc.("Contractor")to complete Phase 2 of the Fox Meadow Park,with the construction of the surface of the ark basedon -'tanE-"'^' "'R1 4) Comment,[TA11 twouldratherhaveubaszd -- ,�� upon the approved plans aa� Comment[BCF2] i agree my estimate rs •` nothing Twee e park has m'be b -h .the N h 1 1 201 1 1,' 1, t .,,. a 1 b f o H ll be P ....,�. _. .,__ ....____.,.___._._ _.._.._ 'r _ approved plans Tal.eouttheiestofthrs � - annexed t the eeti_. t f^ t to def..,,,the s pe et'd. I 1 d materials s be , ,l .l l perfe�ed.the approved plans. Phase 2 shall begin in the Spring of 2012 with completion b the end of the summer of g P g P Y 2012,weather permitting. Payment for the work to be performed shall be made as set forth in the Fox Crossing , Subdivision Improvement Agreement dated as of June 16,2005(the"SIA")with progress payments to be made to Blue River pursuant to Article V,Paragraph 7 of then >r ? �• SIA. The language set forth in Article V,Paragraph 7 of the SIA is incorporated herein , by reference. ow i x ,. The concrete path forming a part of the Hunter Creek Trail(the"Trail")between Lot 3 and Lot 4 from Race alley to the 90 degree turn to the south in the trail shall be finished X ry N - v: / s � z� with stabilized crusher fines Carel until completion of construction of the homes to be Comment' BCS] s ne�ine�e tra,l - --- built on Lots 3 and 4,at which time the final grades will be detennined and the Trail shall cooid ne,n place furan unknnwn pensd oetr�ne a crusher fine trail is rcquged Bwli[o parks be constructed. The cost of the final concrete construction of this section of the Trail specs teanons . shall continue to be hel&' escrow until its construction,in pection and approval at cornmer,t(Taal The cos ear these le s Wtu got which time payment for the work to be performed,including labor and materials shall be ne sss°ea "�:1 rfie trail's eempleted <{ P Y P made as set forth in the SIA. 'k 4). After Phase 2 of the park construction has been completed,the historic homes on lots 4 and 5 may be relocated to any other lot or lots in the Fox subdivision but shall not be relocated to the park unless approval of HPC,the Parks Department and the City y Engineer is obtained as a result of application for approval of the relocation. f 5). The parties to this agreement believe that the agreement set forth above requires an amendment to the SIA,and the it is the intent of the parties at the meeting representing M ; the City Attorney,HPC,City Engineer and the Parks Department that they shall endeavor ' to get approval to execute such amendment administratively. A'A' �< - i i firma "A v v G� �', a yC} ry N. C SIF0 � : IF K Me x .� r+ r,✓ FC , 5T z W4 t a _I Exhib`i't'"B FIRST AMENDMENT OF SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION This First Amendment of Subdivision Agreement for Fox Crossing Subdivision (this "First Amendment") is made and entered into the 16`h day of March, 2012, by and between the City of Aspen, Colorado, a municipal corporation (the "City"), and Fox Crossing Properties, LLC, a Colorado limited liability company ("FCP"), for the purposes recited herein. RECITALS A. The City and Walnut Property, LLC, a Colorado limited liability company, entered into that certain Subdivision Agreement for Fox Crossing Subdivision (the "Original Agreement") on June 16, 2005. The Original Agreement was recorded in the real property records of Pitkin County, Colorado on June 20, 2005, at Reception No. 511411. B. The Original Agreement applies to Fox Crossing Subdivision (the "Subdivision") as defined and described in the Fox Crossing Subdivision and Vacation Plat (the "Plat"), recorded in the real property records of Pitkin County, Colorado on June 20, 2005, in Plat Book 74 at Pages 17 through 22, at Reception No. 511410 C. The City currently holds $196,750.00 (the "Completion Fund") as security for the completion of the performance required by the Original Agreement. The Completion Fund is held by the City at a commercial bank or savings institution as readily available, liquid funds. D. FCP is the successor of Walnut Property, LLC, in the Original Agreement because, among other things, it is the owner of Fox Crossing Meadow, and Lots 3, 4, 5, 6, 7, 8, and 12, all as described and defined in the Plat. E. Article V of the Original Agreement included a list of "Subdivision Improvements" which were required to be completed prior to the issuance of any Certificate of Occupancy ("C- O")with respect to the Subdivision. F. Subsequent to the recordation of the Original Agreement, the then-owner of all of the lots in the Subdivision and the City of Aspen Parks Department, with the consent of the Aspen Historic Preservation Commission ("HPC"), agreed to postpone completion of certain of the Subdivision Improvements to allow Fox Meadow Park (the "Park") to be used as a temporary storage site for historic homes located on Lots 5 and 6 within the Subdivision. Pursuant to that agreement C-Os were issued by the City for completed residences located on ten of the Lots within the Subdivision. G. The City has required that the remaining Subdivision Improvements be completed, as described in Section_of the body of this First Amendment. H. FCP has agreed to complete construction of the remaining Subdivision Improvements, pursuant to the terms and conditions of this First Amendment. First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 1 I. The City and FCP wish to modify the Original Agreement to reflect the terms and conditions set forth in this First Amendment. AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby confessed and acknowledged, the City and FCP hereby amend the Original Agreement as follows: 1. First Amendment Controls. The provisions of this First Amendment shall supersede and take precedence over any part, or parts, of the Original Agreement which are in conflict with the covenants found herein. All terms used herein but not defined in this document shall have the meaning ascribed to them in the Original Agreement. 2. Recitals Correct. The parties represent and affirm that the Recitals of this First Amendment, as set forth above, accurately reflect the facts as stated therein. 3. Modifications of Article V of Original Agreement. The Subdivision Improvements described in Subsections (2), (3), and (4) of Article V of the Original Agreement remain unsatisfied and will be completed by FCP pursuant to the provisions of this Section 3. (a) In regard to the requirements of Subsection (2) of Article V of the Original Agreement (construction of a six-foot wide trail), is modified as follows: The trail between Lot 3 and Lot 4 from Race Alley to the 90-degree turn to the south be finished with stabilized crusher fines pursuant to the standards of the City's Parks Department. At or before the completion of construction of residences on Lots 3 and 4, final grades will be determined and the trail shall be constructed as set forth in the Original Agreement and pursuant to Parks Department standards. Certificates of occupancy for residences located on Lots 3 and 4 shall not be issued until the trail has been accepted by the City. (b) In regard to the requirements of Subsection (3) of Article V of the Original Agreement (installation and landscaping of Fox Crossing Meadow), FCP shall complete the required improvements in accordance with plans and specifications already approved by the City as soon as is practicable, but in no event later than September 15, 2012. (c) In regard to the requirements of Subsection (4) of Article V of the Original Agreement (installation of a sidewalk adjacent to Lone Pine Road), the sidewalk shall be installed as required in the Original Agreement during or immediately following construction of residences on Lots 11 and 12. Certificates of occupancy for residences located on Lots 11 and 12 shall not be issued until the sidewalk has been accepted by the City. The Completion Fund has been and will continue to be administered according to those provisions of Article V of the Original Agreement which relate to a "letter of credit or bond"; provided, however, that the City will release moneys from the Completion Fund against invoices from the person doing the work required to complete the Subdivision Improvements up to First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 2 $114,000 for the work required by Subsections (2) and (3) of Article V of the Original Agreement and $17,500 for the work required by Subsection (4) of Article V of the Original Agreement. 4. Issuance of Certificates of Occupancy. The City shall issue a final, unconditional C-O for the residence located on Lot 7 at the time it executes and delivers this First Amendment. No other C-Os shall be issued by the City until the Subdivision Improvements described in Subsection 3(b), above, have been accepted by the City. Following the City's acceptance of the Subdivision Improvements described in Subsection 3(b), above, the City shall issue certificates of occupancy for the remaining lots in the Subdivision, except as limited by Subsections (a) and (c) of Section 3, above. 5. Other Changes in Original Agreement. Once the City has accepted the Subdivision Improvements described in Subsection 3(b), above, FCP may temporarily relocate the historic homes (the "Historic Homes") now located on Lots 4 and 5 to any other Lot or Lots within the Subdivision. The Historic Homes may not be relocated to Fox Crossing Meadow without the prior approval of the HPC. 6. Miscellaneous. Except as provided herein, the terms and conditions of the Original Agreement shall remain in full force and effect. This First Amendment may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above written. CITY OF ASPEN, a Colorado municipal corporation By: Chris Bendon Community Development Director FOX CROSSING PROPERTIES, LLC A Colorado limited liability company By: Pierre Wildman Manager First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 3 STATE OF COLORADO } } ss. County of Pitkin } The foregoing instrument was acknowledged before me this_day of March, 2012,by Chris Bendon, as Community Development Director of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF } } ss. County of } The foregoing instrument was acknowledged before me this—day.of March, 2012, by Pierre Wildman as Manager of Fox Crossing Properties, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public First Amendment of Subdivision Agreement for Fox Crossing Subdivision Page 4 ExlubitPC�� Page.l:'of:3 Harris A:Cahn From Tricia Aragon jTricia:Aragon@ci.aspen.co.usj Sent: Friday, October 14,2Q11 3:41 PM: To Harris A.Cahn; Rick Halevy Cc: Rick Crandall;.Eric Rewinkel;Scott Chitrn`Andy.Rossella;_David Hornbacher,.April Lorig,:Aaron Reed Subject: RE:Fox Crossing' Attachments:2011-10-11 FoxCibssing park estimate.pdf Naris; Below and attached:ate the estimates you'requested.These amounts are what we discussed all along ie$100,000 for the remaining park`improvements.Outside of that l am holding$14;000 out of the'drainage.improvements because they were not: .nAaIled per the change order that was submitted'(see below),Additionally out of that$14,000 I a 'h oIdrng$3,Ot 0 to make sure the grass germinates in the spring so that if we :have to reseed there ae6 fundslor that activity. lmprouemenu#2 &3: The$95,000 park improvement estimate is attached,in addition a$5;000 contingency was'added that estimate to coyer the additional grading,for the same on the north end of the.park: The$14,000.is to cover the followings ® Fina!stabilization(ie the.grass has not grown in:in the:spring.When the grass is established$3,000 out.of this amount will be released), ® The a.sbuilt does not show that the appropriate dry well connection was:made;as shown on the change order plans.Once this is confirmed$5,000 out of this amount can be released Pond t#2 was to have a'modification at the inlets as shown.on:the change order plans and were to tie.gtaded as shown on the change order plans.Once the appropriate modifications can be. 0rifirtned,$6,000 can 6e released. Improvement#4 . Lone Pine sidewalk.$17,500 estimate,Was.provided:by Fox.Gro.ssing as:part ofthe original SAA Improvement#5 Installation of Water loop$66,250 estimate was provided by Fox Crossing as part of the original SIA;at this time the;Water Dept has.not authorized the release of these.funds. Let me know if you have anymore questions or need further clarification., Trish Aragon, P.E. city+Engineer 130$:Galena St.. Aspen,CO 81611 (970)429-2785: __ Frain: Harris A. Cahn Cmailto:harris@cahnpartners.comj. Sent:.Friday,:October 14; 20113:00 PM; Tin Tricia Aragon, Rick Halevy Cc: Rick Crandall; Eric Ftewinkel Subject: RE: Fox Crossings Yricia: 1-received and reviewed the email and attachment below,.A: Deedless to say I am not a happy. 3f $r24 2: Exhibit�l� E. Michael Hoffman From: Harris A. Cahn [harris@cahnpartners.com] Sent: Thursday, March 15, 2012 3:28 PM To: E. Michael Hoffman Subject: Water loop completed and approved (NOTE: This email was dictated using voice recognition technology. Please excuse typos or name misspellings.) Sent by Harris Cahn's iPhone. Begin forwarded message: From: Andy Rossello<Andy.Rossellopci.aspen.co.us> Date: March 15, 2012 10:44:31 AM MDT To: "Harris A. Cahn" <harris(Lcahnpartners.com> Subject: RE: contact info, etc. Harris, I have reviewed system maps ad Fox crossing meets the requirements for a looped system per City Water Distribution Standards. If you would like I can send you a hared copy of this confirmation signed on City Letter Head. Thanks and have a great day! Andy Rossello Utilities and Environmental Initiatives Utilities Engineer Direct (970)429-1999 Fax (970) 920-5117 From: Harris A. Cahn [mailto:harris@cahnpartners.com] Sent: Wednesday, March 14, 2012 1:01 PM To: Andy Rossello Subject: contact info, etc. Andy: Thanks again for your"more than adequate"explanation of how a water loop works, and why. Pursuant to what we discussed earlier this afternoon, please send me confirmation at the above email address, when you get a chance, of the fact that the Fox Crossing system is "looped up". Thanks again. Harris A. Cahn (970) 920-0007 Harris@CahnPartners.com Email secured by Check Point z Exhibit,E w October 13,2011: Hauls A Cahn TatQiYcarAg. (970)920-0007 Sent Via Ercall:Harris@CahnPartners.corn RE: Eox.Crossing- Permit Nurnber,0045;2Qfj1.ARBR and 0185 2005:ARBIC Dear Harris'. I have reviewed your request for payment pursuant to Article V of,the SubidivisioaAgreeinentfor:Fox .Crossing dated June lb,3005 and recorded on-lune 20,2005.At this time the..City is not accepting 611the, improvements a$outlined ars Articie.V;however,the City.will partially accept some of the improvements 8eiaw is a schedule of.which Improvements payments'Will be Withheld from.According: to the schedule below$30AM wi11 be.released of this tim..e improvement` " stlmated Cost Amount W[thheld 32 .Race Street .$32,500: ....... ........ ....... . 9rnpiovement ... .... _ .... 2. and 3.Trail from walnut $214,000 $114A00(5100,000 park: to Race and Installinglandscape and.trall lnstall)+- landscaping of Park ($3,000 temporary vegetation:ln detention and temp ceding areas)+($%CMIfor Cot 3 dry well connection)+,($6,000 for detention gradin$along Cririe . . ....... _.. Pine) 4 Installation of sidewalk: 517,500; S17,500 adjacent to Lone Pine' S. Installation of water $.66,250' _ $&6:250 t crop fi tnstaNation of two seewer $8.11500 main extensions 7, walnut Street Sidewalk . $11,000' TOTAL.I.. .. . $197,7►5t1 Fax Crossing initial Deposit 52$6,550 Previous Fund Reiease Fox Crossing Current Balance s23sssa Payment Due $336,SS0 $195,750 $38,800; Mar 15 12 10:10a Pierre Wildman +1 b1b 2bW. P.r Lj VED Exhibit H hAl 41 Dyy FOX CROSSNG PROPERTIES,LLC 2042 3000-F Danville Boulevard,#500 COMM u R: Alamo; California 94507-1572 UNITY t)F►f�lut�hs�P� March 15,201 Ms. Amy Guthrie City of Aspen Historic Preservation Officer 130 S.Galena Street Aspen, CO 81611 Re: Letter of Authorization for Filing of Insubstantial Subdivision Amendment or Fox Crossing Subdivision,Aspen,Colorado. Dear Ms.Guthrie, Fox Crossing Properties, LLC (the "Applicant") a Colorado limited liability co parry, is the owner of Lots 3,4, 5. 6, 7, 8, and 12, as well as the Fox Crossing Meadow parcel, Fox Crossing Subdivision,Aspen,Pitkin County,Colorado(collectively,the"Property"). Please accept the enclosed application for Insubstantial Subdivision Amendn ient for Fox Crossing Subdivision. The Applicant is represented by Harris A. Cain. Mr. Cahn is authorized to submit and prosecute this request. Sincerely, FOX CROSSING PROPERTIES, LLC a Colorado limited liability company By: Pierre Wildman Manager Exhibit-F =': 601 E��tt,OFFICEnuf GARFIELD &HECHT, P.C. Aspen,Colorado 81611 Telephone(970)925-1930 ATTORNEYS AT LAW Facsimile(970)925-3008 Since 1975 w•w u.garfieldhecht.cpm E. Alichael Hoffman E-mail: rllhoffmanl( ff(,lrfelllliecht.conr Phone: (970) 544-3442 March 15,2012 City ofAspen Community Development Department Attn: Amy Guthrie 130 S. Galena Aspen, Colorado 81611 Re: Ownership of Fox Crossing Meadow and certain Lots,Fox Crossing Subdivision Dear Amy-: This letter and the exhibits referenced in this letter are provided to the City of Aspen in satisfaction of the requirements of Sections 2 and 5 of the Pre-Application Conference Summary dated .February 24, 2012, for the application of Fox. Crossing .Properties, LLC ("FCP"), a Colorado limited liability company; for an. Insubstantial Subdivision Amendment. I have reviewed the real property records of Pitkin County regarding FCP's ownership of Fox Crossin,7 Meadow and other lots within Fox Crossing Subdivision (the "Subdivision"). Based on that review, it is clear that FCP is the owner of.Fox Crossing Meadow and various other lots within the Subdivision. On .lune 17, 2005, Stewart: Title of Aspen. certified that Walnut. Property, LLC ("Walnut"), a Colorado limited liability company was the owner of all of the Subdivision. That certification is found on the Fox Crossing. Subdivision and Vacation flat recorded June 20,2005. We are relying on the certification of Stewart Title of Aspen. On a Bargain and Sale Deed recorded on June 23, 2005, Walnut and others conveyed the Subdivision to l=ox Crossing Partners,LLC. A copy of that deed is attached to this letter. On.December 30, 2010, Fox Crossing Partners, LLC, conveyed .Lots 3, 4, 5, 6, 7, 8 and 12 and Unit A, Fox Crossing Lot 10 Condominiums, to FCP. That deed was recorded on December 30,2010, at Reception.No. 576388. A copy is attached. City of Aspen Community Development March 15,.2-0.12- Page, 5, 20.12Page.2 On.August 19;-2011,,Pox Croesin Partners LLC, conveyed Park Fox Crossing:Meadow Parcel to FCP. That deed was recorded on September 9, 2011, at Reception No. 582599. A copy,is attached'. The Subdivision Agreement for :Fox Crossing Su.bd.ivisian dated June 16, NO,.;is a: contract .between the City Of Aspen and "Walnut Property LLCa Colorado, limited liability ;company and its` successors and .assigns. Although ;there was no formal assignm nt of'the rights and responsibilities of Walnut to Fox ;Crossing Partners, 1..1:C; during its ownership of the Subdivision, Fox Grossing Partners paid the moncys n6.w held by the City and has carried out.all of the obligations established in the. Subdivision Affeeinent.: As.a suer C 0r'to Fox Crossing,Partners, LLC, FC?"stebped into the. shoes: of Fox Crossin Partners; LLC%.as to the Subdivision Agreement: Please feel,freel to,contact mp4 if,you.have any questions retardino.the:contents of this. letter. Singer'.,lye �" Michael:Hoffman "!:7Y OF ASPEN crry OF ASPEN DATE. REP NO. DATE; REP 14 ( ?3 05 # 23' :?>9 ` tt-f -2'�TS9 pF# 1-71 :�� BARGAIN AND SASE DEED KNUf3 ALL BY THESE RESENT$„that',Tbe'Griffith”Property;LLC,aka Griffith Praperty,LLC a Colorado limited liabilitycompany;Griffith Lot 211; LLC,'a_Colorado limited liability cornpany;Walnut Property,C I:C,:a'Colorado € limited Liability company;LValubt•Property 11,LLC,a Colorado,hinited liability company,Walnut Property IU,.LLC,a Colorado innited liability company,and Walnut Property IV,LLC a Colorado:litmeted liability company(Grantor'.)of the. County of Pitkin,State.of Colorado"for,the eonsideration of:Ten and noh oottis dollars, (SIO.QO),in hand paid,hereby sells and conveys to..FOX CROSSING PART NERS," i LLC"("Grantee ).whose legal address ts:.346,1)ravk'%Drive,Aspen,0$1611,the 1 following described real property;together with improvements,situate in the Count y:of Pitkin,State ofColorado;cowit: Fox Crossing,Subdivision,accord ng to the Plat thereof recorded June 10,2M, ri Plat Bo'k'74,.at Page 17,as Reception.No,511410 DATF.13this 20th day of June,2005 THE GRIFFITH PROPERTY,LLC aka Griffith Property,LLC Camilla Auger,President,:Meridian Capital Group III,Inc.,Manager O - l �- GRIFFITH.LOT 213,LLQ; Camilla Auger,President,'Meridian Capital Group Ill,Inc.,Manager. WALNU- PROPERTY,LLC Camilla Auger,President,Meridian Capital Grotip,III,Inc.,Manager- IlfllilllillllgillJ 1.1 578 SILVIR:-DAVIs of 71 C6/23/2805'09:28q R if,08" D 1712.73 je i�7rJ:".SrT j WALNUT PROPERTY II,L1:C CamiIlwAugcr President;:Meridian Capital Group lll;Inc.,Manager. WALNUT PROPERTY 111.LLC Camilla Auger,President;Meridian Capital. Group'III,Inc.,Manager WALNUT PROPERTY'IV,LLC Camilla Auger,President;Meridian Capital i Group I3t,Inc.,ai?Lanager STATE OF COLORAD(? } COUNTY OF PIT'KIN ).. The foregbing instrument was acknowledged'befare lade flus.r�day of June, .20051,bI .y Camilla Auger,President of Meridian Capital Group I1I,lnc as 1vlanager of The Grillith Properiy,:I:I:C(aka Griffith Property,-LLC);Griffith LotA LLC:Walnut Property;l I C,W4puj!roperty f1,,I I C,::WAInut Property III .LLC"diid Walnut Propeit My Commission Expires: g-1 witness my hand and official seal. N6tary Public I�Illllllilllll lJlll I � I ttII I 5' f 06H23l208S 09:20H j SiLVIQ DMVIS-.PITKIN-COU14TY:Co R 11:09: Q 1712.70 RECEPTION(#. 576388; 30/20i0 at 02.13:33 PM,; I OFA, R. $ i DF. $1806.36 Janice vos` Caudill, Pitkin County; '`Co.` SP'ECIAL'S*ARRANTY DEED THIS DEED,is dated 3o day:of December,2010,and is Trade treiwien: (whether one;,or morn than one),Fox Crossing Parttters LLC; a!Polorado united liability company,•the' Grantor,"of the County.u._' and State of:Colorado,find ' i3oc'Fee S1806.3t Foi Crossing Properties;LLC, a Colorado limited liability company: (whether one,:or,more than one),the"Grantee," whose legal address is: .3000 ofthcsaid'Counrybf _:an&StateofColorado: tr?; W1'1'NESS thst the Grantor,'far and in considi iauoii of the suit of($18 063;633 80) Eighteen Ylilliott SixtyThree cb: Thousand Six'Hundred Thirty Three Dnitars and 80 Cenfs;the receipt and sufficiency ofwtncti is hereby acki ledged; hereby"grants bargains sells,•conveys,and confirms unto the Grantee and.the Grantees heirs,and assigns'forcver.all the real property:Iohether.wtt§any improvements thereon,located it the County of f itkln and Staie,ofColoraJo described as follows'. See,*`Exhibit A"attached hereto �. also known by street addles}as 559 Racc(and,otpers),Aspin,CO 8161 t and assessors's schedule or parcel number:(various) TOGETHER with all and singular the hereditaments and appurtenances there wito belonging,or in anywise appertairnng the reversions remainders,rents,,issues and prof is thercol;and alltha es ate;right,title;intcre t clauu and de;8and whatsoevcr:of the Grantor,either int law or equiiy,of.in,and.to.the above.bargained premises,with the hereditamt:nts and uppunenances: TO HAVE:AND;.TO HOLD the said premises..Move bargained and described'with the appurt nauccs,unto the Grantee'and the s Grantee hairs and assigns:forever,The Grantor,-for the Grantor and the Gran(or s heirs'and assigiis;;daes coy riant,aud agree that oke Gratnor shall;arid will W:RRAN'f THE 1lTLi AND I)iTh\ll t}ie;abavc described premises,but rot any adjoining�ncaeed steer ar,erten-.if any,in t'ie,goiei trio pcaceablt passcssion of the Grantce and the heirs and assigns of he. Grantec,against all and: person or persons,claiming,the wkrote or any pa t thereof,by.through,of under the Grantor except and566J. rbjeat,to. See Ftihibrt"8"attached:hereto. IN WITNESS.WHEREOF,the Grantor has:cxecuted this decd on the date-set forth'above:: Fox Crossing Partim LLC,a Colorado liinifed.liab lity company 13 Alpine Cap t Partners,I.LC,it's NI ager.: 8y: lsarris A.Colina Manager: ,State of Colorado, County of Pitkui ) The foregoing instrtmcol was ack iowiedgiid before me this day of.Dkember201 0,by Harris A.Calm as manager of Alpine Capital Partners,LLC,as Manager of Fpx{:. Partnerst LLC,a Colorado.Limited LiabilitvCempany:, s: t W v hand and o kials: -I ,' nary Public; . a tity corrmis ion expires _r r.4 Co'T"',t'Mon expires- ?i ce Nov.5,2()13 <. �nlr ATE. cl o, G bid I. 03�i1 e ;t3rder tr'umna;v3as33-ta. No,16 Rev.I12-C8 5pti elf Warmly U,c d page t of 2.. RECEPTION#• 576386, 30/2010 at 02:13.:33 P.M -2 OF 4, Janice K. Vos Caudill, Pitkin Countj, CO Exhibit A LEGAL DESCRIPTION Lots 3,d,5,6,7,S and i FOX CROSSING SUBDIVISION: According to the;plat recorded June 20,2005 in Plat B6ok 714,at.P3gc:17,as Reception No,51 41O: COUN'T`Y OF PITKiN STATE:OF.COLORADO AND Unit A F,OX'CROSSING LOT 10 CONDOMINIUMS According to the Plat ieiaacd AugusGl,2008 as Reception,No:5515$1,and a"s defined and'described;in the-Co.ndorniniutn UeAE siion of Fox Crossing Lot 10 Condominiums recdrded August 1,•2005 as Reception Ilio.551551. COUNTY OF PITKIN STATE OF COLORADO i f -Ordn'!vuirtEeY R}787}-CJ ,.ho •6 Rer 13 OY Special Warfartty Dmd Yagc?„pt'.2. RECEPTION#: 5763 P12010 at 02 13:33 PM,,.3 b 4, Janice K,;, Vos Cavd ll'i Pitkin County, CO, ' EXHIBiT'B EXCEPTIONS. I. Any and all unpaid taxes and unredeemed tax sales. 2- The effect of inclusions::in any general or speci fic:.w.ater conservancy; fire protection, soil consen'ation or other dlsiriet or inclusion in any water service or street improvement area, 3,. Right:of the proprietor,ofa vein or iodieto extract and remove his ore therefrom,should the: same be found to penctratc or intersect the premises hereby granted; as reserved in United: States Patent recorded December 24, 1902 in Book 55 at Paste'116 as:.Rcception No.67875. 4;. Ordinance No.57(Series of 1988).An,Ordinarec A nnextng.'I'erritory to the City of Aspen as - Referred to and Described in that;Petltiorijor.Annexation of Terniory'to the City of Aspcn' Certified by the City Clerk:nn July 28,-1.986, Commonly, known as the ""Williams Addition""as,set.,forth in insiruritent:recorded laaiUlry 6, 1989 in Hook jRS at Fauc 330 as Reception No:308587 and as shown;on Plat recorded February 6,-1989 in Plat Book w22_at: Page l5 as Reception No.308586:, 5., Subdivision.Agrecment'.for Fox Crossing Subdivision asset forth in instrument r"eco"rded; June;20,2005 as Receptipn.Np.51;1411. 6.. Easements,rights of tiyay and other matters.as'shown'and contained on Plat of Fox Crossing. Subdivision recorded June20,_20005 in Plat Book`74 at-Page:l7 asReceotion Ivo.51.1410. 7 Ordinance:No 50 (Series of 2004} An 'i7rdmunce of the:City of Aspen.City Council, Approving Three Growth Management;Quota;Systeiit Exemptions,Vacation ofa;Portion of Race Street,and:a Fourteen I,ol Subdivisions io'be-Known as the.Fox Crossing Subdivision on Land Located betweeri Lone Pine Road and Kaee Alley tretweeri.VF'a1.lrut Street and Race Street,557 Race Alley and Vicinity,City:of Aspen,Pitkin County,Colorado as`,sct forth in instrument recorded June 20,2005 as,Reception No,51140$; 8. Trench.Conduit,and Vault Agreement beYiv"een;Fax:Crasstng'Partners I.LC and Holy Cross, Energy, a Colorado corporation: as set forth in instrument recorded May 15, 2005 as Reception No.524065, 9. Deed Restriction by Fox;Crossing Partners LLC;and City iif,Aspen:Colorado recorded February•2.2006 as Reception No,520468. 10 Declaration of Utility Easements as set forth in instrumentrecorded September 26, 2007as Reception No,542422. It. Master Declaration Of Protective Covenants For Fox Crossing Subdivision recorded January 2:.2008 as Reception No: 545}94 and also recorded January 3, 2008 as. Reception No 1545472: ]7. Affordable Housing Impact f ee Deferral agreement recorded October 11,2007.as Reception avo.542985.(as.ao l,ot3) 13: Affordable}lousing Impact Fee Deferral.Agreement recorded June 5,2007 as Recep!ion No, ;538577.(as to Lot 4). 14; Dccd Restriction`recorded December 22;2405 as Receprion bio:518771.(as to!cit 5) 15. Deed Restriction recorded Dcecmbq 22 2005 as Reception No:51877 J.(as to Lot,6). ordv Ne.6�, 93:7933—t_2- . Wamnty D v d-FAI Jbi:3(Lzrrplibnsj Pugc!or2_ .. R.ECEPTZON#: 576369, 030/2010 at 02:13:3.3 PM, i OF Q, Janice K: Vos::Caudi 3-, Pitkin County, CO 16. Resolution No. 15,Series of 2008j ofthe Aspen Historic Preservation Commission recorded August1,2008.as Reception No.551559 as to Lot 6) 17; Resolution Na: 5, Series of 2009,of the Aspen Histone Preservation Commission recorded March 26,2009`as Reception No.557531. as to L01,6):: 18: Affordable Housing Impact Fee Deferral Agreement recorded December 34 2(!07 as Reception No:,545362.(as t6:-Lot 7) 19: Drainage Facititics-F.asemcnt recorded December 30;2009 as:Rceeption No,565746 Lot r) 20. Prctapping Agreement recorded.M#y 19,2005 as Reception tio 3242:-9.(as to i lots S On A,Lot l o and 12) 21: Affordable Housing Impact Pee. Deferral rigrcement recorded• September.28 200 :as „ Reception No.54225.(as,to Lot8) 22. Affordable Housing Impact Fee Deferral Agreement recorded February 7,2007 as Reception No*.534233 {as to L)nit`A;Lot 10) 23. All matters shown on the:Plat of Fox Crossing Lot 10 Condominiums recorded August 1, 2008'as Reception No.551551.{as to'1 niiA,Let 10) 24, Declaration of PrivewayEasements recorded August 1,2008 as Reception Ivo'.551552,(as: to L1nit,A,Lot']0) Condominium-Declaration of Fox Crossing Lot 10 Condominiums recorded August 1,;2008' ..as Reception No.551553::(as to Unit A,Lot 10) .Qtdci:P:ii:itrcr'`717-77--[;2: Wanur,ty f�>Exhibit!EEae��ians7` Page 2 of;:... RECEPTION#: 58259},,09/2011. at.10.-25:01 AM, 1 OF 21 DF" so.0o Janice K. vos ;Catdsll, Pitkin County, CO �. SPECIAL WARRANTY DEED THIS DEED;is.ditrd.19th dayX August,?011,and is made.b'riwecri (whether one,ar more thaoanc),Fox Crossing Partners LLC,a Colorado limited habilily companv;`iha"Grantor;'of the County of Pit}m 3n t State of C6;'ratio;and _ Stutr•E7ucd de:Sf7.00 Fox Crossing';Properties,LLC,a Colorado irrtite d liability Company' {%iiether one,�or.more than one),the:'tGrantee,- whosc.legal address is 3040=F Danville.RIW;#-500,Alarno CA 94507 - of the-said Courity'gf Conrn Carta and State of California N 1C1VES5,tturi.ilie Grsiitor, far and in cansrdesauon ot'the-sum of(St}.00)Zero dollars and 7xro renis,the rccc`pt and: sufficiency of which is hereby scknowledgcd hereby grants,.bargains,sells,conveys and confirms utitr;,the Grantci and the Giaiihe.'s I•otrs.and assigns'faiever;all.the ilproper ty,together wi:h anv impriicmems thereon,located in.the County of. l?itkin and'State of Coloradii'dascribed as fallews PA.RK FOX_CROSSING;h7EADOW PARCEL, HFOX CROSSING SUBDIVISION.. According to:the,plat recorded lune 20 2005 in Plat Book 74 atYage 17 as Reception Na 5,1,141.0: COUNTI'OF PiTKIN 5'1"t'TE OF CoLbLkb? and assessors i'sohedule ar parcel number U 19564`771707392014 TOGETHEk with all an'd singular the hereditaments and appurtenances there unto balonging,or rn anyivssse appertaining,the reversions,retnaind'ers rents,issucs ond'profits thereof,and all the estate.right,title;interest,claim and'demon-d w•hatsocvcr.or the Pri ntor,either'in law or egrrtty,ol.in and to the above bargained premises,with the kcrcetitameiits and sppur cnanees; ro HAVE AND TO HOLD the said premises above bargained and described,with the'appurtcnanccs„unto the Grantee'anii the'Grantees heirs Iand assign's forever,,The Grantor,for the Grantor and the Granter's heirs rind assigns,does covenant and agree that the Gi imtor shall and will WARRANT THE TITLE AVD DEFEND the above described premises,'hrrr.not wiy adjoining,vacated sireei,or.alley,if any;in the quict anti peaceable possession of-the Grantecand the heirs and a§signs of the Grantee;'against all.and every,person or persoms',Oaiming'the whine iirl any part,thcrenf,by;thii Ch,eii u I tilt'Orat i i, except and subject to:; Sce Attached(xhibit! ' IN AJTNESS WFIEREOF,the Grantor has executed this decd on the dateset forth above. MM Cf� Fos Crossing Partners 4LC,eColarndo liintred Fiabilit+_corupany T. . Sy Alpine Capital Partners,13.0a(e _ imited liability M M company,"its tila er -- - - :M:0 �S av: _ I larri.A.Cahn. �-z Managc7 G.O' _ rs Siaii.of>C'olorado. } � , ; - County of Pitkin ) i The foregang msirumt nt wasiacknowledged be#bre me this dayufAugu>t,2011 by Hamis)A:Calin•a Manager.of Alptne,Gaprtal Parsers, Eit_n?ted liability company:as Manager of Fox Crossing Panners'LLC,.a:Colorado`Iiniited Itat ilily cottipaity. ; W” y.hand and"officialseal.. .. ... Notary Public: 49y cotnziission expires; MAA@IAPOMUS h1y,Commission expires e _ Oictc\um;ier:''9ififrtl i--(;? :,'�o tLltitl2-U4 SpctiralWnmanty ik¢w7 Ynji4.,l�rtr: RECEPTIQNO.: 5825.99, 05/2011 at 10:25:01 f, 2 OF 2, JaniceK. Vos Caudil , Pitkin County, CO EXHIBIT FXCEPTtt?1''IIS t-. 'faxes for the year 201 l.not yet dudand payable,and-subsequent years- 2, The:affect of inclusion in the following tax districts: Pitkin Courity; Healthy,Community' Fund;,Aspen Ambulance District; Open Space and Trails-, Pitkin County Gbrary; City of Aspen,_Aspen Fire Protection; Aspen Consolidated San; Aspen galley Hospital; Aspens School,District;Colorado Min College;.Colorado River Water Cons;Aspen Historic Park S 3. Right of the proprietor of vein or lode to extract and rernave,his ore thercf,=oin,should the same be found to penetrate or intersect the premises hereby granted,;as reserved in United States Patent recorded Dcce'nber 24, 1902 in Book 55 at Paac 116 as Reception No 67875.; 4: Ordinance No.57(Series of 1958)An Ordinance Annexing Territory to the City<,of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk 6July 28; 3986, :Co"tritnoT4 known as the; `"Wilhans Addition""as set forth in instrument recorded January.6, 1989 in Book 5£15-at Pave 33t1_as Reception\16-:308-587 and as;shown on Plot recorded February 5. 1989 in Pint Book 22:3;. PageIS as Reception>No.308586, 5, Subdivision Agreement for Fox Crossing Subdivision as set forth in instrument recorded June 20 2405 as Reception No.51141 1; 6. Pedestrian Trail Easement as::shown and contained on Plat of Fox Grossing,Subdivision recorded.June 20.20005'in Plat Bank 74 at Pane 1.7 as Reception No.51:1410; 7.; Ord iatance No. 56 (Series of 2004) An Ordinance of the City of:aspen C'ty Councils Approving Three Growth Management Quota Sys tern Exerrtptions,Vacation of:a Portion of Race Street,and a Fourteen Lot Subdivisions to be'Knowia as,the Fox crossing Subdivision on Land°Located'between'`Lone Pine Roau:and Race Alley between VValnut Street and Race Street.557 Race.Alley and L•icinhy,City of Aspen,Peskin County,Colorado as set i'orth in instrument recorded June-20,2005 as Reception No.511=108. 8: Trench;Condo it;and Vaulf Agreement between,Pox Partners;LLC and H.oty Cross Energy, a Colorado corporation its set forth in instrument.recorded :'viae 15, 2005:as Reception I No.5246651 9. Declaration of utility Easements as set forth in instrument recorded,,September 26,=2007 as Reception No,542422: 1 U. Master Declaration Of Protective Covenants For Fox Crossing Subdivision recorded January 21 20.4, .as Reeeption No. 545394 and also recorded Januar}' 3, 2008 as Reception No., 545472 and.Assignment of I3ectarant's Rights recorded December 30, 2010 as Reception leo.576393: alant�:u,=atrr va�ai�. Vr A.T Iy DCev-Cull bit((F-Nc Anow):.. E„xhlbitRAI G ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: Fox Crossing Subdivision %4 , Location: as shown on the recorded Plat U �/ (Indicate street address, lot&block number,legal description where appropriate) Parcel ID#(RE UIRED) 273707392014 APPLICANT: Name: Fox Crossing Properties, LLC Address: 3000-F Danville Blvd, #500, Alamo, CA 94507 Phone#: (970) 920-0007 REPRESENTATIVE: Harris A. Cahn Name: P.O. Bux 4060 Address: Aspen, Colorado 8 1612 Phone#: (970) 920-0007 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) r Mountain View Plane ❑ Cominercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Insubstantial ❑ Conditional Use Subdivision Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DUE: 5 5 gQ Pre-Application Conference Summary Attachment#1,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 3/15/12Exhibi#I goo aps 537 RACE ALley ASPEN,co-Google Maps Address 537 Race Alley Get Google M.aps on your phone:. Aspen, CO$1611 Te theword"GMAPS"to456453 . 7(" t tt zd c -R S lk NI �. ��tig � rAo yr S �F s 1 , "-. s. t I� �7S h .r do k L. / -,z: a. F ?W y �c ja Aspen t,.� � 7 �' y�` F r - - 7P syr s3 y �A�" v � Ln CTI par sign pro k s� I t't k `? - Cn G' YJ ^ T F-a 106 i Y it C 4A . ­11�, C1 - '> X01 'C ogle m z�2 rdx{ "�F3��? 12 G t�d Bogle`•'. ma ps.google.com/maps?hl=en&q=google+maps+537+RACE+ALIey+ASPEN,+co&ie=UTF8&hq=&hnear=... 111 Exhrblt 7 511411 Aja e-e- ,o,,, co r`I* III page: I of 15 T1111 11 06/20/2005 e9:24A ,U74le- b -SILVIA DAVIS PITKIN COUNTY CO R 76.00 1 D 0.00 SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this 4'fday of June,2005, by and between THE CITY OF ASPEN,COLORADO,a municipal corporation(hereinafter referred to as the "City") and WALNUT PROPERTY, LLC, a Colorado limited liability company and its successors and assigns (hereinafter referred to as "Walnut") WITNESSETH: WHEREAS, Walnut has submitted to the City request for Subdivision approval, including Lot Spilt approvals, Lot Line Adjustment approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to the Cityof Aspen Land Use Code (collectively, the "Application")for a fourteen (14) lot subdivision, with one (1) lot proposed as a park and thirteen (13) lots proposed for development, situated within the City of Aspen, Colorado to be consolidated, platted and known as the Fox Crossing Subdivision (the "Property"), which Application requested the approval, execution and recordation of a Final Subdivision and Vacation Plat of the Property(the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 50 (Series of 2004) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare; and WHEREAS, Walnut is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure: (i) that the required public facilities are installed; and (ii) that the required landscaping is implemented and maintained, and Walnut is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, the City and Walnut have executed and recorded the Final Plat in Plat Book at Pageeception No. �)!1411) in the office of the Cleric and Recorder of Pitkin County, Colorado NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 0 I ff II II 511411 Page:0620/2005 09`:24A: SILVIR. DRVIS PITKIN'-COUNTY CO R 76:N0- D 0:00 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1. Purpose. The purpose Of this Subdivision"Agreement:is to,,along With the Final Plat; set forth the complete,and comprehensive understanding and agreementofthe parties with the respect to the development of the Fox Crossing;Subdivision and to enumerate all,terms and conditions under which such development mayoccur. 1.2 Effect.. It is the intent ofthe parties that this SubdivisionAgreement:and the Final Plat shall effectivelyupersede and replace in their entirety-all previously recorded and unrecorded subdivision, condominium, and otherland use.approvals.and related plats, maps, declarations,: `and other documents and agreements:encumbering,the Property,'in-cluding:and without. limitation those matters identified in Article V°below(collectively, the "Prior Approvals and Instruments''). ARTICLE II ZONING AND.REGULATORY,APPROVALS 2.1 Approval'Ordinances. Pursuant to Ordinance.No,A8 (Series c&2004)and Ordinance, No. 50 (Series of 2004);'the Aspen City Council granted Subdivision approvals, Lot Split approvals, Lot Line Adjustment:;approyals, three1(3) Growth Management Quota,System (GMQS) exemptions;.and amendments.to the City ofAspen Land Use Code, providing for vacation of a portion of Race Street and development of a,fourteen (14)`lot.subdivision to be known as Fox Crossing�$ubdivision on the Property(collectively, the "Project"). This Subdivision Agreement and,the. Final Plat incorporate all of the pertinent'provisions:of Ordinance No. 48;(Series of2004) and Ordinance No: 50 (Series of 2004). In Ithe:event of any inconsistencies between the..provisions of Ordinance No, 48 (Series of 2004) and Ordinance No::. 50 {Series of 2004} and the provisions of this`Subdivision Agreement:and the:Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control.. 2.2 Dimensional Requirements.. Ordinance No; 56(Series'of 2004) established and approved Lots 1, 2, 3 i 4-5; 6, 71 8, 9; 10, 11, 12, 13,;and the pA.parcel,(referred to as "Fox Crossing Meadow"), Th.e.Final Plat designates the,Wrner"Griffith" Lots 1, 21.and 3 as""Fox. Crossing" Lots 11, 12, and 13; respectively. The allowable Floor Area for eachlot shall be pursuant to the City of Aspen R-6 Zone District:regulations, as amended from time to'tirrie, the size of each'Lot, bonus FloorA"rea granted by the Historic Preservation Commission .and,the proposed use, all as provided:for on the Final Plat:: The:approved sizes of each.of th..e Lots are: summarized below: Lot Lot:Size (! f.M 1 9;347.37 2 7,500.100 3 6,514.59 4 6,010.76 5 6,015.68 6 6,068;'38: 7 6 007.68 8 61894.48. 9 7,500.09: 2 511411 Page: 3 of 15 1111106/20/2005 09:240 0 0.0D I l i�f .00 1 1 111 6 SILVIP DAVIS P?TKTN COUNTY CO 10 11,676.12 Fox Crossing Meadow 9,044.22 11 9,849.50 12 7,510.80 13 14,182.78 TOTAL 114,122.44 s.f. 2.3 Fox Crossinq Meadow. The Fox Crossing Meadow shall have no development rights other than for open space/park uses. 2.4 Designation of Historic Landmark Properties. Fox Crossing Lots 5, 6, and the Fox Crossing Meadow are designated Historic Landmark Properties and are subject to development review regulations of Section 26.415 of the City of Aspen Land Use Code 2.5 Historic TDR Floor Area Bonuses. Fox Crossing Lot 6 and the Fox Crossing Meadow are sending sites with respect to the transfer of Historic TDR's. A total of 470 square feet of allowable Floor Area shall be transferred from Lot 5 (which TDB's shall be represented by a Lot 5 TDR No. 1, and a Lot 5 TDR No. 2 (one of which shall provide for a transfer of less than 250 square feet of Floor Area) and a total of 1,280 square feet of allowable Floor Area shall be transferred from the Fox Crossing Meadow (which TDR's shall be represented by a Fox Crossing Meadow TDR No. 1, a Fox Crossing Meadow TDR No. 2, a Fox Crossing Meadow TDR No. 3, a Fox Crossing Meadow TDR No. 4, a Fox Crossing Meadow TDR No. 5 (one of which shall provide for a transfer of less than 250 square feet of Floor Area)). Taken together, Fox Crossing Lot 5 and the Fox Crossing Meadow shall represent 1,750 square feet of transferred Floor Area. A total of 1,000 square feet of allowable Floor Area are being transferred from Lot 6 (which TDR's shall be represented by a Lot 6 TDR No. 1, a Lot 6 TDR No. 2, a Lot 6 TDR No. 3, and a Lot 6 TDR No. 4). All together, a total of 2,750 square feet of Floor Area shall be transferred from Lot 5, Lot 6, and the Fox Crossing Meadow. Any City issuance of such TDR's shall be accompanied by recorded deed restriction which evidences a reduction in the allowable Floor Area of the sending site. Fox Crossing Lots 3, 4, 7, and 8 may receive a total of one (1) TDR (with each such TDR bonus in the amount of 250 square feet of allowable Floor Area) for each residential unit on each such Lot. FoxCrossing Lots 1, 2, 9, 10, 11, 12 and 13 may receive up to a total of two (2) TDR's (with each such TDR bonus in the amount of 250 square feet of allowable Floor Area)for each residential unit on each such Lot, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance No. 48 (Series of 2004). Fox Crossing Lots 5 and 6 are Historic Landmark properties and shall not be eligible for receiving TDR's. The Fox Crossing Meadow shall not be eligible for receiving TDR's. The maximum number of Historic TDR's which may be landed anywhere within the entire Fox Crossing Subdivision Project shall be limited to the total numberof Historic TDR's which may be generated by the Project. 2.6 Parking. Lots 8, 9, 10, 11, 12, and 13 shall be required to provide one (1) more parking space than is otherwise required pursuant to the City's Land Use Code (minimum, plus one space). However, if field conditions or final architectural development require the designation of alternate lots for such required additional parking, Walnut may redesignate such lots, with approval from the Community Development Director. All other Lots are required to meet the City's Land Use Code minimum parking requirements. 3 111 1 11 1 0Piie: 4 of 15 695,11411pill _ _ . 1 111111 SICVIR;DRVIS PITNIN. COUNTY LO' R 76.00 ARTICLE III APPROVALS-AND EXEMPTIONS 3 1 Hunter.ValleyWay Development Rights; ,Pursuant;to the procedures for,exempting developrnenjrom,the scoring and completion proceduresof"the Growth Management Quota. System, Section 26.470:070 ofthe.Cityof Aspen Land Use Code and pursuant town amendment to'the Land Use Code adopted pursuant.to.Ordinance No: 48.(Series of 2004),and. pursuant to Ordinance Na. 50 (Series of 2004), upon the encumbrance of the Hunter Valley ay parcel with a restrictive,covenant in:a.form acceptable to the City of Aspen thatW :steriiizes the Hunter Valley Way parcel and"precludes future development of the Hunter ValleyWay parcel. .(other than for maintenance of:open space and'traiIs.and the.development of new trails),Waln"ut may,purchase from the owner of the Hunter Valley Way`Parcel thrpe (3),separate ''Hunter Valley Way Development Rights"each of which shall be used in connection with the Project as"an exemption4rom the City of Aspen"Growth Management Quota System"("GMQS"). The City has approved the utilization of such three(3),separate Hunter Valley Way Development Rights as City of Aspen GMQS exemptions within the Fox Crossing Subdivision. 3.2..Growth Management Exemptions for Affordable Housing. The replacement'.6f any existing residential.units within the ProJect shall require'an exemption from GMQS;"pursuant to Section 26.470:070B of the City's Land Use Code;unless,the Lot;on which the:residential unit is .proposed is an Historic Landmark"(Lots 5 and 6). Any parcel which'utilizes of-one of the,Hunter Valley Way,Development Rights must,fulfill affordable housing requirements The followingtots shall require affordable housing;mitigation, pursuant to Section 26.470.0408.1; ofthe-City's.Land Use Code` Fox Crossing Lots 1, 2, 3, 47 7,'8, 9, 10,,12, and 13. No Lots'vithin the'Fox Crossing Subdivision shall,be permitted to provide affordable housing mitigation in the-.1orm of Accessory: bwe'liing Units. Cash nAeu:payments shall be due pro rata upon the sale of each of the residentiaieunits, pursuant to the;terms of a written'.deferral,agreementwith the City of Aspen Housing Office F.oxCrossing Lot.11 hall not be required to provide affordable housing' mitigation; pursuant to former approvals which created this Lot._ Lots 7 and 10 contain eiasting residences and the current Floor Area for these Lots;shall be applied as credit towards the. :affordable housing mitigation requirement.. The affordable housing mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other Lots within the Fox Crossing Subdivision pursuant'to a letter of understanding with the City of Aspen.Zoning Officer; which letter of agreement is to be com.. pleted prioraq the demolition ofthe-residence on Lot'7 or10. 3:31moact'Fees. (a) Park'Irnpact Fees. The City has waived Park Impact Fees with respect to the Project. .(b)1§chooi impact Fees:. School.lmpact Fees shall.be assessed on.the basis of $1.09,750 peracre Standard. The:Project is not conducive to locating a School facility :and a cash- indieu payment shall,be:accepted by the°City: School.land dedication fees are:not required for-replacement dwellings and shall not ale. assessed to development of Lot 5;;'6, 7,or10. Development of each of the remaining Lots shall 4 5114;11. 0 6/20/Pa9e;t � 200 5 09 .24fi 5 of 15 SILV,IR'DRVIS'P,I XIN COUNTY:CO. R 76,.:00 D'0 00 require payment of School Land Dedicationfees=according to`the,following schedule,'payable,at b.uilding..permit issuance:. 1/3 Land Value. Land Dedication e . House Size Per Unit"Acre.Standard (acres) Per Unit Fee One Bedroom; $109,750' .0012 $132 Two Bedroom $109,750: 0095:. $1,043 Three Bedroom ,$109,750 .0162;. $1`,778 FourBedroorri $109,750, .0248. $2;722' ,Five orMore $109,750 .0284. $3,177 Bedrooms Arnendn ents to`the Project shall include an adjustment ta.these fees according to the .above calculation'methodology. 3.4 Water Department'Standards. Walnut shalt complywith the City of Aspen Water System Standards, with Title'25 of the City of Aspen Municipal Code, and with applicable standards of Title=8 of the Citys Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of.Aspen Water Department. 3.5 Sanitation District'Standards. Walnut shall complywith the:following rules and regulations;of the Aspen Consolidated Sanitation Distract{"ACSb") with respect to fhe Project: (a) Sanitation service is contingent,upon Walnut's compliance with ACSD's rules, regulations,-and specifications:at the,tirrie of.construction; (b) Ali clearwater connections'are prohibited., i.0_ water(roof, foundation, perimeter, patio drains); including entrances to underground parking garages(if any). (40n-site drainage plans require approval by the A,CS.D, must accommodate; ACSb-service requirements, and'must corn plywith ACSD rules', regulations and specifications; (d) On-site sanitary sewer utility plans require approval by ACSD; (e) Glycol'"snawmelt;and heating systems must have containment provisions and rhIbst preclude discharge'into thepublic;sanitary sewer system; (0) Plans for interceptors,.separators, and containrrlent..fa'cilities require submittal by Walnut and approval by"ACSD prior."to.building perm tissuance; (g) When a new'service line is required for existing development, the old service line-must be,excavated and'abandoned:at the main sanitarysewer line according to specific ACSD requirements; (h),Generally one,(1) tap is allowed for each building. Sharpd service line agreements may be,required where more than:one unit is served by a.single service line; (i) Permanent:improvements are prohibited in:areas Covered by sewer easements or rights of ways to the lot'line:of each development,- -,5 11411 l Page: 6 of 15 I f If If fff f ( 06L2012005' 169:240. Ifflfllf fl lfff III f II f SILVIA DAVIS PITKIN'COUNTY CO R-76;e00 D 0..00 {j)All ACSD total connection fees must be paid prior to the issuance of a building: permit; (k)Where additional developmentwill product.flows in excess of"the planned' reserve capacity of the;exist ng system (collection system andL rtreatment.system);an additional proportionate fee-will be assessed to eliminate.Jhe downstream collection system,ortreatment capacity constraint. Additional proportionate fees shall Ije;collected:over tirr e frobi all development in the area of concern in order-to fund the improvements needed: 3.6 Public Rark and Trail. Walnut has'offe'red;to;provide, and:4h6 City has accepted, the following specificamenities with respect 10 the Project: (1)Wain utshall.provide the City,of Aspen Parks Department with a monetary contribution of sfbb,040 for improvernents:to Aley Park(located at the southmst'comer;of Sprace Street and Williams Way). This contribution shall be payable at issuance of a building permit for the first residential unit to be constructed.:in connection withahe Project: The City: Parks Department shall be auth.phzed`to use these funds for the construction.of Aley.Park, including a children's playground on;the Aley Park property, as provided;for;in the'"Park Agreement" between the Cityand Walnut of'even date:herewith and'attached.hereto. (2).Walnut shall`conveythe Fox Crossing Meadow to the City'upon:substantiol. completion of the improvements associated'with the.Fox Crossing Meadow park. The Aspen City Council haB:reViewed'land approved the Park'Agreen;ent, and has reviewed and'.approved the Landscape Qrawing as shown on Sheet L1 of the Final Plat;with respect'to the Fox Crossing Meadow, and Walnut shall install and maintain the Fox'Cro'ssing,Meadow as provided form; such'Park Agreement and Landscape Drawing. (3j Walnut shall provide a public access.easeme.nt across the en ti.retyof, a pedestrian trail connecting the Fox Crossing Meadowto.Raca Street'Which shall be'dep'icted on; the.Final'Plat. The form and:content of the access ea se ment'shall.be a"cceptable:`to the'City Parks.Department'and the City:Attomey. (q)Walnut agrees to construct a six=foot wide trail extending from the intersection. of Walnut Street and'Gibs6'hZtreet to the intersection of Race"Street and:Spruce Street, in accordance wifh'City of Aspen Paries Department specifications as provided for"in the Park Agreement`and as_;shown'on Sheet L1 of the Final Plat. 3.7 Construction.Management Plan.. Prior to issuance of 'a building permit with respect to the Project, and prior to commencement of anysite/utiiitywork, Walnut shall submit a. Construction,.Management Plan ("CMP")for:approval'by the,Citys Community,Development Department. The CMP shall include the following provisions: (a) The primary construction access point for the:P`roject shall be along Lone:Pine. Road; (b) Race Street; Race Alley Spruce Street,,and Walnut.Street shall not be;used for contractor park'sng; (c).,A contractor parking area will be-designated along'Lone Pine Road'and on _site 6. 1 411 1Page: 7 of 15 I� �� ll S1LVIR C)RV35 RITKIN GOUN'Y GO 06�2912@A @9`24G* (0).A lot; or several lots, shall be used as a construction staging area. The CMP shall'specifythe particular Lots and shall specify at which point"a staging area is no longer required; (e).Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may bel provided tothe condomini"urn association president rather than each individual owner. The,intent ofthis requirement;is for the contractor to address,neighborhood concerns about construction without involving the City,,and (f)An erasion control plan including design of all applicable construction BMP'§ (Best_Management Practices). 3.8 Access infrastructure Permit. Prior to the construction of any improvements on the Project, a licensedreontractor"must obtain arCityAccess-lnfrastructure'(`"A 511411 • Page: 8 of 15 06/20/2005 09:24A 111111111111111111111111111111111111111111111111111 SILVIA DAMS PITKIN COUNTY CO R 76.00 D 0.00 j1 ,O Walnut agrees to provide a 15-foot sight triangle with an area of pavement as shown on Road Plan and Profile Sheet C3 to improve the turning radius at the intersection of Race Street and Race Alley on Lot 2, and a second sight triangle with an area of pavement as shown on Road Plan and Profile Sheet C3 to improve the turning radius at the northeast comer of Lot 10, which area is adjacent to Walnut Street. Any landscaping, fencing, or other appurtenances within the sight triangles shall conform to a height limitation of thirty (30") inches. The City agrees for itself and any persons utilizing such sight triangles and paved areas that neither the sight triangles nor the paved areas shall constitute an easement, that any use of the sight triangles or the paved areas are with the consent and permission of Walnut, that such use is not hostile or adverse to Walnut's ownership of such areas, and shall not in any way affect the lot area or density of Lot 2 or Lot 10. 3.11 Subdivision and Vacation Plat. The Final Plat was recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado within 180 days after City Council's final approval of Ordinance No. 50 (Series of 2004). The Final Plat which complies with current requirements of the City Engineer and includes the following: (a) The final property boundaries, disposition of lands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street, and utility and surface easements. (b) Setbacks on Lot 3 restricting development along the northwest portion of Lot 3. (c) Reference to the public easement across the Fox Crossing Meadow and Pedestrian Trail. (d) Design specifications and profiles for improvements to the public rights of way including geometries and turning radii. (f)A landscape plan and an irrigation plan, both of which have been previously approved by the City. (g)A utility plan which has been previously approved by the City, and which meets the standards of the City Engineer and City's utility agencies. (h) A grading/drainage plan which has previously been approved by the City. (i) Walnut shall provide the final approved subdivision line data or survey description data describing the revised street and parcel boundaries to the City of Aspen Geographic Information Systems ("GIS") Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. 3.12 Subdivision Agreement. This Subdivision Agreement was recorded within 180 days after the City's grant of final approval of the Project 3.13 Fire Department Requirements. All newly constructed residential buildings in the Project shall include sprinkler systems and fire alarms. Walnut shall install one (1) additional fire hydrant adjacent to Walnut Street. The individual designing all required sprinkler and alarm system designs shall meet with the Aspen Fire Protection District Fire Marshall prior to preparing 8 511411 Page. 9 of 15 `II 11111 111 111 11 1111 111 06/20/2005 09:24A X11 @@ 1111 D @. SILVIA DAVIS PITKIN COUNTY CO R 76.@@ any such design in order to confirm that adequate water volume and water pressure exists for the sprinklers. 3.14 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a)A signed copy of Ordinance No. 50 (Series of 2004) granting final land use approval. Lots 5, 6 and the Fox Crossing Meadow shall require Final Approval from the Historic Preservation Commission. (b)A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 50 (Series of 2004). (c) The conditions of approval of Ordinance No. 50 (Series of 2004) shall be printed on the cover page of the building permit set. (d)A completed tap permit for sewer service from ACSD. (e)A tree removal/mitigation plan for any trees to be affected by the specific phase. (f)A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, including haul roads, perimeter silt fencing (as needed), cleaning of adjacent rights of way, speed limits within and accessing the Project, and ability to request additional measures to prevent nuisances during construction. Walnut shall wash tracked mud and debris from the City streets as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Divisions will also be necessary due to the Property being larger than one (1) acre. (g)A study performed by a Colorado licensed asbestos inspector detailing the presence or absence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. (h) If the disturbance area of a particular phase of development is over one (1) acre, the contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). (i) A Construction Management Plan as described in Section 3.7 above. 0) Prior to issuance of a building permit (i) all tap fees, impact fees, and building permit fees shall have been paid for the particular phase; and (ii) the location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire Marshal. 3.15 Fences. Property boundary fences of Lots 5 and 6 which border the Fox Crossing Meadow shall be no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 of the City of Aspen Municipal Code (Development Involving Historic Landmark Sites and Structures). 9 5114`11 page!!!I! !I III I! e- 10 of 15 O6, 1 ! !I III 1 II 181 ! ! lIIII z0,z0e 5 @9.24A. SILVIR DAVIS: PI;TK.IN :COUNTY CO R 76.00 D0:00 3.16 Vested Rights The development:approvals,granted by the°City pursuant to Ordinance No. 50'(Series of 200'4) shall constitute';a site pecific development plan, which is Vested for-'a penod'three (3) years from the date of issuance of a.develoPrnent order by the City. Article IV Prior Approvals and Instruments 1. Resolution No. 33 (Series of 2004)of the Aspen, Planning and Zoning Commission recommending approval of Growth Management Quota'Ekemptions, Subdivision, and associated amendments to the City of Aspen Land Use Code'. 2. Resolution No. 15 (Series of,2004) of the Aspen Historic Preservation Commission (HPC) approving an application for major development (final)for the property'located at 555 and 557 Walnut Street, which.are described as Lots 2-5, Block3 Williams Additionto the Cityand' Townsite of Aspen;,recorded 26 May 2005 as reception no.. 51,0584, Pitkin County, Colorado,. 3: City bfAspe'n Ordinance No:48 (Sedes:of 2004)"600roving amendmentsfo land use' code section:26.470.0.70—Growth Management Quota System Exemptions and Section 26.71:0,:040—Floor Area Restrictions:for the Medium Density(R=6) Zone.District_ 4.:City of Aspen'Ordinance No. 50 (Sehes:of 2004.).approving,three'(3) Growth Management Quota System Exemptions..Vacation:of a Portion of`Race Street, and a Fourteen Lot Subdivision recorded y t .as,.reception no.. 151, 4,v ., Pitkin County, Colorado. Article V Subdivision Improvements Prior to the issuance.ofany Certificate of.Occupancy with respect to the Project, Walnut, shall,accomplish the following'subdivision.improvements (collectively, the,'Subdivision 'Improvements"), all as further depicted and described on the Final Plat: (1) iMprovement;of Race Street, from Spruce`Street to the:Race;Street alley,at an estimated.cost of$32;500 (but not less than-the actual construction,and testing.costs);'_ (2) construction ofa six-foot wide trail extending from the intersection of Walnut Street- and Gibson Street to the intersection of Race.Streetand Spruce.Street, in accordance with City of Aspen Parks Departrnent specifications and-as'.shown on the.Landscape.Drawing Sheet.L1: filed'with the.Final Plat:at.an estimated cost of $49;000:(but not lessthan theactual construction :and testing;costs); (3) installationand landscaping of apark on the Fok Crossing,Meadow at,an,estihiate cost of$28;800:(but not less than the:actual;construction and testing costs),- (4) osts);(4) installation of a sidewalk adjacent to,Lone Pine road at an estimated cost of$17500 (but not less than the actual construction and testing costs)' (5) installation of a "water main loop"with,respect to the`Cit ys water system°at an estimated cost of $66,250 (but not less than the actual construction and testing costs);, 1p; 5114:11 06gr 20LP0O509524A ,SILVIR,DRVIS PITKIN COUNTY C0 R 76_00 D 0.00 (6) installation of two (2) sewer main extensions (one on Lone,Pine�road and'one on. :Spruce Street) at an estimated cost of $81500 (butnot less than the.actual construction and testing costs); and (7)Walnut„has:also agreed to pay for the installation of'�a aidewalk along a�portion.of :Spruce Street,"abutting Lot 2 and wdending;south from Race Street tothe:6Asting sidewalk'at an estimated cost`of$:11,1700 (but not less than the ac11 tual construction and testing. This sidewalk.is:to be the subject of a neighborhood planning activity to be undertaken"by the City of Aspen to det%ermine if there is a public need and neighborhood acceptance for this sidewalk.. Walnut"shall not be responsible for the.cost of this sidewalk unless the.City provides notice;that it intends to Walnut proceed with the installation wthin a penod of three (3)years from the date: of this Subdivision Agreement. After three (3)years following the execution`.of:this,Subdivision ;Agreement, no financial guarantee shall be required of'Walnutwith respect'the eost'of this sidewalk'installation. In order to:ensure.construction and installation of the Subdivision Improvements (1)— (7) described immediatelyabove, Walnut shall provide'to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond inthe amount of$276,550. Said letter�of"creditor bond shall be provided to the City prior to'the issuance.of,a grading or access.'permit wit h.res pec t to;the Project;shall be;in a form reasonably acceptable tothe City Attorney and the,City Manager; and shall give.th"e Citythe unconditioneiLd t, upon;default hereof by Walnut.to draw funds as necessary and upon demand to partiallyor'fully complete and/or payfor any of such. improvements or pay any-outstanding a nd:delmquentbills forwirork` done`thereon by any ,party, with any excess letter of'credit,or bond;amountto be applied first to additionaladministrativeCOr-legal d sts4ssociated with anysuch:default and the repair of any, deterioration in Subdivision'Improvements already constructed before the unused remainder; if any,:of such letter of credit or bond is released to Walnut. Provided, however, that`the Cityshall "give Walnut fourteen (14):days'written notice,of a'default (and the right to cure during such period) prior to the Citys'sight"to make,a draw under the letter"of'credit or bond.. Notwithstanding. the foregoing; delays pf,other problems resulting from acts of God or other events.beyond the: reasonable control of Walnut shall not constitute a'default hereunder so long as a good faith effortJs being made to remedy the problem and the:Problem. is in fact resolved'within.a reasonable,period;for time following its occurrence : As portions of the Subdivision Improvements are completed,;the City Engineer shall inspect them,and uponapproval and written acceptance, he shall authorize'a reduction in the outstanding amount of the letter of credit or bond equal`to an agreed upon estimated cost for the completed portion of the Subdivision.lmprovements; provided;,`however that ten percent:(1.0%} of the estimated cos.,ts ;shall be withheld until all of,the Subdivision Improvements are completed and approved by the CityEngineer., it is the express.understanding,of th I el parties that compliance with the procedures set„ forth,in Article VI below pertaining to the procedure for default and amendment to this, Subdivision Agreern6nt shall"be required with respect to the enforcement and.implementation of these-financial"assurances and guarantees tote provided by\/Valnutas'set forth,above,. i1 51 141.1. Page: 1Z of, 15 '06/2@/,2 005 '69:24A S;ILVIA DAVIS.PITKIN COUNTX CO R 76.'00 D 0.`00 Article VI Non-Compliance and Request for Amendments or Extensions In the event'that'the Citydetermines that Wa'Inut.is not acting in substantial;.compliance. with the terms of this,Subdivision Agreement;,the City shall'notify Walnut in writing specifying,the alleged non-compliance and asking that Walnut remedy..the alleged non-compliance:Within such reasonable time as the City may determined; but not less than 30 days. if.-the'City determines. that.Walnut has not complied within such time, the City may issue;andserve upon Walnut a written order'specifying:the alleged nor-compliance.and_requiring'Walnutto remedythe same. "within,thirty(30)days. VVithin twenty (20),days of the.receipt of`such order, WalnutMayfile`with the.City Engineering Department either a.notice advising the City-that it is in compliance ora written request 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:Subdivision Agreement- should be granted.with respect to any such .non-compliance which is deterrimined to;exist, Upon the receipt,of such`request, the City shall Promptlyschedule a meeting of'.the parties to consider the matters .set forth`i ft theorder'of noncompliance. The meeting of"the parties shall be,convened and:conducted pursuant to the procedures normally established by the City. if the Citydetermines that a non-compliance exists which has not:been reiii'edied, it; ,may issue.such orders as maybe".appropriate, including the imposition of daily.:fines until such non compliance has been remedied, the withholding of permits and/or certificates of;occupancy,. as applicable; provided, however no order shall terminate:any,land use approval. The City may I lso grant such variances, extensions,:of time or amendments to this Subdivision Agreement:as- it may.deem appropriate under the circumstances. The parties expressly acknowledge arid agree that the City"shall not unreasonably refuse: to extendthe time"periods'for performance,hereunder if.Walnut:.demonstratesthat:the reasons for t her delays) which necessitate said extensions) result from acts of God or'other'events, beyond the reasonable control>of Walnut, despite good faith efforts on its part.to perform in,a.. timely-..manner:; Article Vll General Provisions 7. 1 Successors and Assigns. The,provisions hereof shall be binding"upon and inure to the benefit of Walnut and the City and their.respective.successors.and assigns. 7.2 Governing Law. This Subdivision.Agreement shall be:subject to and construed;in accordance with the laws of the State of Colorado. 7.3 Inconsistency= If any of the"provisions of this Subdivision Agreement or any. paragraph,.sentence, clause, phrase , word, or section or the application,thereof in any circumstance is invalidated, suchinValidity.shall.not affect the,validity of the remainder of this Subdivision.Agreement, and the application of any such'provision, paragraph,'senteride, clause,. phrase, word, or section in anyother"circumstance shall not be affected thereby:, 12. 511411 II IIIIIII I IIII . III 1 II I I I III III I I I I 06/2012005f 09524( SILVIA DRVIS PITKIN COUNTY CO R 76.00 D 0.00.. 7.4 Integration. This Subdivision Agreement and,any;:exhibits-aftached;hereto contains; the entire understanding'between the parties'hereto with respect to the°.transactions contemplated hereunder. Walnut and its:,successors and. assigns mayon its;own%initiative; petition"the City Council for an amendmerit.to this Subdivision Agreement or for an extension.of one or more of the time periods required for the.performance hereunder, The:City Council shall, not unreasonably;deny such petition,for amendment or extension after considering all appropriate::circumstances Any such arrmendment:or extension of time>shall only become effective.upon the execution by al{ parties:hereto that are affected by the proposed amendment: 7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are.. for:convenience only, a'nd shall not be deemed determinative of the substance-contained"herein. As.used,herein, where"the context requires,the use of the singular shalk include the,plural.and the"use of any gentler shall include all;genders: 7.6 Acceptance and Recordatibh�6f Final Plat. Upon execution;'of this'Subdivision' Agreement by both. parties hereto; the City agrees-to ap"prove and execute and the Final Plat 'and to accept the same for recordation in the Office of the Cleric and Recorder:of.Pitkin County; Colorado,.upon payment of the recordation fees by Walnut.. T7 Notice; Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile,,if hand delivered;,or if delivered 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:. The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado:81:611 Walnut:. Walnut Property, LLC 225 North Mill Street; Suite 208' -Aspen, Colorado 81611 Facsimile: (970 ) 544=9251 With copy.to: Curtis B, Sanders Krabacher&:Sanders; P C 201 North Mill Street; Suite:201 Aspen, Colorado 81611 Facsimile: (970) 92571181 Provided, however,that any notices to Walnut Property, LLC may only be delivered by hand delivery"or"byfacsiriile 13 511411 Page: I4 of 25 s D� siz0i ILVIR DAMS PITKiN COUNTY CO 2005 09.241 SILVIA DAVIS PITKIN t;uuw„ R 76.00 D 0.00 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, C06QRADO, a Colorado municipal corporation By: Atte 'Kathryn S. Koch ity CI APPROVED AS TO FORM: �qP �o�e►CL�L' Ch_`_C 44+4r J n Worcester, City Attomey WALNUT: WALNUT PROPERTY, LLC, a Colorado limited liability company / By: 1, — S � Camilla S. Auger, as President of Meridian Capital Group III, Inc., as its Manager u, 14 iI III III II ILII I II I II II I II I II 511411 III I I 06//20/2005f 09524A SIL.VIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 STATE OF COLORADO } } ss. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this 01 day , 2005 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corp ion. Witness my hand and official seal, My commission expires: 1�--1102 � otary Public STATE OF COLORADO ) ). ss. ST4rE Go.. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1Ay of 2005 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corpor n' gY I'Ug �P .............(�C� Witness my hand and official seal, ' o: c2; �RCK1E ' X �i My commission expires: d Zs9 f 40� 0 ary Public '�t�OF oo� STATE OF COLORADO } } ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this� Juktap1ro' 2005 by Camilla S. Auger, President of Meridian Capital Group, III Inc., Manager of erky, LLC, a Colorado limited liability company. Witness my hand and official seal, 4 My commission expires: ' 2.0 ary Public OF G 15 November 14,2011 Harris A. Cahn THE Cup or Asmh (970)920-0007 Sent Via Email : Harris@CahnPartners.com RE: Fox Crossing Permit Number 0045.2001.ARBK and 0185.2005.ARBK Dear Harris: I have reviewed your request for payment pursuant to Article V of the Subdivision Agreement for Fox Crossing dated June 16, 2005 and recorded on.June 20, 2005.At this time the City is not accepting all the improvements as outlined an Article V, however,the City will partially accept some of the improvements. Below is a schedule of which improvements payments will be withheld from. According to the schedule below$11,000 will be released at this time. Improvement Estimated Cost Amount Withheld 1. Race Street $32,500 Improvement 2. and 3.Trail from Walnut $214,000 $103,000($100,000 park to Race and Installing landscape and trail install)+ landscaping of Park ($3,000 temporary vegetation in detention and temp grading areas) 4. Installation of sidewalk $17,500 $17,500 adjacent to Lone Pine 5. Installation of Water $66,250 $66,250 Loop 6. Installation of two sewer $81,500 main extensions , 7. Walnut Street Sidewalk $11,000 TOTAL $186,750 Fox Crossing Initial Deposit $286,550 Previous Fund Release ($50,000+$38,800=$88,800) Fox Crossing Current Balance $197,750 Payment Due $197,550-$186,750= $11,000 FOX CROSSING PARK Comprehensive Project Budget/Probable Construction Costs Aspen Parks Department 11-Oct-]1 WORK ITEM QTY UNIT UNIT COST TOTAL COST GENERAL CONDITIONS COA scope City Parks PM/Design Staff budget 1 LS 4,275.00 4,275.00 (80 hours) Project Const. Information Signs 1 LS 175.00 175.00 Office/Administration Costs 1 LS 50.00 . 50.00 Const. Surveying (sidewalk/trail) 1 LS 1,500.00 1,500.00 Subtotal 6,000.00 SITE CONSTRUCTION-COA scope Mobilization-San-O-Lets 1 LS 420.00 420.00 Demolition/Site Preparation 1 LS 5,831.00 5,831.00 (5 days Construction crew) Unclassified excavation/finish grading 1 LS 4,374.00 4,374.00 (3 days Construction crew) Equipment Overhead: tools, etc 1 LS 500.00 500.00 Equipment Hauling: Trackhoe move 1 LS 700.00 700.00 Hauling: topsoil 175 cy 1 LS 1,200.00 1,200.00 (175 cy=l 1.5 hrs x$95/hr,45 mins R./T Topsoil Supply(6 profile) 175 CY 45.00 7,875.00 Custom Curved Bench 2 EA 3,500.00 7,000.00 4 Irrigation Supplies-budget l LS 8,000.00 8,000.00 Subtotal 35,900.00 PLANT MATERIALS- COA scope Deciduous Ornamental Trees (2" cal.) 3 EA 350.00 1,050.00 Deciduous Shade Trees(2" cal.) 2 EA 500.00 1,000.00 Deciduous shrubs(3'clump) 4 EA 150.00 600.00 Deciduous shrubs(5 gal.) 35 EA 30.00 1,050.00 Evergreen Trees(8'height) 0 EA 325.00. 0.00 Subtotal 3,700.00 SITE RESTORATION-COA scope 3/4" Potable Water connection supplies 1 LS 250.00 250.00 Turfgrass sod 3,834 SF 0.43 1,648.62 Labor-sodding/fine grading 1 LS 2,550.00 2,550.00 (2 days landscape restoration crew) Seeding(Ornamental: 4039 s.f.) supply 1 LS 50.00 50.00 Seeding(Native: 1550 s.f.) supply 1 LS 25.00 25.00 Native Area Mulching(hyrdromulch) 1 LS 400.00 400.00 Native Area Mulching(straw) 1 LS 250.00 . 250.00 Labor-seeding,straw mulch,hydromulch 1 LS 5,100.00 5,100.00 (4 days landscape restoration crew) Subtotal 10,273.62 SITE WORK- CONTRACTED Concrete sidewalk/trail 2,298 SF 11.00 25,278.00 (6'wide, 6" thk, colored) Concrete picnic/bench areas 180 SF 11.00 1,980.00 (6" thk colored) Subtotal 27,258.00 Grand Subtotal -Park work scope 83,131.62 Contingency-Park work scope 15.00% 12,469.74 Total Fox Crossing Park Work Scope 95,601.36 0 Vii.. r � f r 1 I s' I� � • ARFCFJV� ED MAR 152012 CITY OF ASPEN CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY G CITY F ASP N ENT PLANNER: Amy Guthrie, 429-2758 DATE: 2/24/2012 PROJECT: Fox Crossing Subdivision REPRESENTATIVE: Harris Cahn, harris@kahnpartners.com DESCRIPTION: Fox Crossing Subdivision was approved in 2005 by City Council. The project was partially constructed before running into financing troubles. Some of the completed homes have been prohibited from 'receiving Certificates of Occupancy because of unfulfilled comments in the Subdivision Agreement (Recordation#511411). Auction of five parcels (two completed homes and three vacant lots) is imminent. The property owner requests an amendment to the Subdivision Agreement which will allow the City to issue C.O.'s while reinforcing the City's ability to require the construction of certain public improvements which remain unfinished, particularly park and trail improvements. The property owner willsubmit an application for an Insubstantial Subdivision Amendment, which is an administrative review. The Subdivision Amendment will propose language that is acceptable to Community Development, Parks, Engineering, and the City Attorney's offices, specifically pertaining to Section 3.6: Public Park and Trail, and Article 5: Subdivision Improvements. Approval by at least 50% of the owners within the Subdivision or a letter from the HOA consenting to the application is required to submit the land use application. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.080.A Insubstantial Subdivision Amendment Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and- Zoning/Title-26-Land-Use-Code/ Land Use Application: http://www aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/ianduseappform.pdf Review by: - Staff for complete application - Referral agencies as necessary (Parks and Engineering) Planning Fees: $1,260 for an administrative planning review. This includes 4 hours of staff review time. Additional time over 4 hours will be billed at$315 per hour. Engineering Referral: $265 (per hour) ✓ Parks Referral: $630(flat fee) ✓ Total Deposit: $2155. To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. t 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 6. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 7. A written description of the proposal.and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. 8. Copies of relevant previous approvals 9. Additional application material as required for each specific review. (See application packet and land use code) 10. 2 Copies of the complete application packet and maps. Disclaimer: The`foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. s 03/16/2012 17:11 9709227 KALKHOVIA PAGE 01/01 Agreement to Pay Application Fees At1 agreement between the City of Aspen CCityo and Property Fox Crossing Properties,LLC Phone No.:(970)924.0007 Owner("I"): rJo Harris A.Cahn Email:hares@cahnpadners.com Address of Fax crossing Subdivision Billing 3000-F Danville Blvd,9500 Property: Address: Alamo, CA 94507-1572 (subject of (send bills here) application) I understand,that the City has adopted,via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a.condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $630 flat fee for Parks $0 flat fee for Select Dept $0�flat fee for Select Dept $ 0 flat fes for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. 1 understand and agree that it Is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read,understood, and agree to the Land Use Review Fee Policy including consequences for non-payment I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,260 deposit for 4 hours of Community Development Department staff time_ Additional time above the deposit amount will be billed at$315 per hour- 265 deposit for 1 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. FOX CROSSING PROPERTIES,LLC, company City of Aspen• Property Owner: panrada limited liability P Y Chris Bendon Pierre Wildman Community Development Director erne= , Title: !Manager City alae: 2 55 Fees gue:$ Received:$ BANK OF AMERICA 1 083 555 CALIFORNIA STREET SAN FRANCISCO,CA 94111 11-35/1210 FOX CROSSING PROPERTIES, LLC 1329 3000F DANVILLE BLVD.STE.500 ALAMO,CA 94507 ���r.'I►�Cl�I S 20!z PAY TO THE .. G / r Q�.. `? I �pS3, v„ ORDER OF J—LJO L,`j DOLLARS MEMO REC ,.. IVED MAR 1 5 2012 CITY OF ASPEN COMMUNITY DEVELOPMEN7 RETAIN FOR '`` tap�e,f� r-IL