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coa.lu.an.Moore440 Maroon Creek Rd.A039-99
w PARCFL ID '3 - ! / .DATE RCVD: 7% 1 • C COPIES : CASE NO CASE NAME:I.1.o•e. Anrrax!)ra PLNR:,;u An-, "cr•d:, PROD ADDR: I.lawcr. Grerk R <vac CASE TYP: A :• mceG ° STEPS:' P ADl ClSIZ:� PHN: REEP:f. : , P: ADR: C.32: PHN FEES DUE FEES RCVDj STAT: REFERRAL REF:J_ BYJ -- DUE ;l MTG DATE REVE�-- EVV••'BODY PH NOTICED DATE OF FINAL ACTION: CITY COUNCIL: ' N +, , .'.. ��• ' REMARKS P2: CLOSED: jf) /r,Gv BY: '1 1.,.. ,�.�;i+ BOA: DRAC: PLAT SUBMITD:� PLAT (BK.PC):�� ADMINI f r .vt x ^� is N MEMORANDUM Aspen - 50 Years After Goethe NOnd - Body- Spirit TO: Mayor and Members of Council FROM: John P. Worcester a::�w DATE: March 29,1999 RE: Moore Family PUD - Resolution to Initiate Annexation ......... ............................... Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for the Moore Family PUD property. The owners of the property filed an annexation petition with the City Clerk on March 29, 1999. The Moore Family PUD property is the property which is being developed by the Moore Family and also the property recently purchased by the City for ball fields. The property proposed to be annexed is being proposed to be annexed in a series of four separate parcels. In other words, a single parcel that meets the contiguity requirements will be annexed immediately followed by the other three in series. Actually, the law in Colorado was recently changed to allow series in annexations to proceed simultaneously so there will only be a single annexation ordinance and a single hearing to determine compliance with the Annexation Act. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31 -12 -104 and 31 -12 -105, C.R.S. Section 31 -12 -104 of the Colorado Revised Statutes requires: (a) That not less than one -sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... and (b) That a community of interest exists between the area. proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality.... Section 31 -12 -105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of annexation .proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31 -12 -104 and 31- 12 -105, C.R.S. as described above. (b) Land Use approvals needed to authorize an AH project, including rezoning needs to be established through P &Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. j -, Series of 1999. JPW- 03/29/99 -G: \john \word \memos \moore -a - resl.doc PETITION FOR ANNEXATION "The Moore Family PUD" WHEREAS, the James E. Moore Family Partnership, LLLP and the City of Aspen entered into that certain Water Service Agreement, dated August 10, 1998, and recorded at the Office of the Pitkin County Clerk and Recorders Office as Reception Number 420481; and WHEREAS; said Water Service Agreement contains a provision regarding the annexation of the service area (the Subject Property as defined in the Water Service Agreement) into the City of Aspen upon the terms and conditions set forth therein; and WHEREAS, the City of Aspen is the owner of Lot 1, Parcel A, Moore Family Parcel "A" Subdivision Essential Community Facilities Exemption Plat, all within the area described herein as the Subject Property; and WHEREAS, Lot 2, Parcel A, Moore Family Parcel "A" Subdivision Essential Community Facilities Exemption Plat and Open Space Areas 1 through 11, Moore Family PUD are owned by the Moore Family PUD Master Association, Inc., all within the area described herein as the Subject Property; and WHEREAS, the James E. Moore Family Partnership, LLLP owns Block B of the Moore Family PUD, Inc., all within the area described herein as the Subject Property; and WHEREAS, Kevin L. Patrick and Patricia D. Bakur own Lot 29, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Mark B. Whitson owns Lot 30, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Astri Corporation owns Lot 36, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property, and WHEREAS, Thomas H. Bailey owns Lot 37, Block E, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS, Robert M. Beevers and Nancy L. Beevers own Lot 32, Block G, Moore Family PUD according to the Final Plat thereof, all within the area described herein as the Subject Property; and WHEREAS Zoom Flume, LLC owns all of the remaining property in the Moore Family PUD and will make all conveyances of the remaining property subject to this Petition for Annexation; and elf/Hines-Moore Properry/Petition for Annexation I Revised: 0126199 WHEREAS, a plat of the Subject Property proposed to be annexed has been recorded with the Pitkin County Clerk and Recorder's Office in Plat Book 45, at Page 81; and in Plat Book 45, at Page 79; and WHEREAS, pursuant to the provision of the Water Service Agreement relating to Annexation, the City of Aspen has requested that the owner(s) of the Subject Property petition the City of Aspen for annexation of the Subject Property; and WHEREAS, the above mentioned parties desire to annex the parcels within the Subject Property which they each own. NOW, THEREFORE, the undersigned, owners of 100% the property described in Exhibits "A ", `B ", "C ", and "D" appended hereto and by this reference made a part hereof, and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more particularly described below, to be known as "Moore Family PUD Annexation ", subject to the terms and conditions of the Water Service Agreement and in support of said Petition, petitioners allege that: 1. It is desirable and necessary that the territory described in Exhibits "A ", `B ", "C ", and "D" attached hereto be annexed to the City of Aspen, Colorado. 2: Not less than one -sixth (116) of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen, Colorado. 3. A community of interest exists between the territory proposed to be annexed and the City of Aspen, Colorado. j 4. The territory proposed annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The signatures on the Petition comp/t I ise one hundred percent (100 %) of the landowners of the territory to be include the ea proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 7. No part of the territory to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established less than one year from the date of this Petition. 8. The proposed annexation will not result in the detachment of area from any school district. elf/Hines -Moore Property/Petition for Annexation 2 Revised: 0126/99 9. The mailing address of each signer, the legal description of the land owned by the signer as legal representative of the owner, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibits "E", a°F", "G ", and "H" and by this reference incorporated herein are annexation maps containing the information required by Section 31- 12- 107(1)(d), C.R.S. 11. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. Dated:�� Dated: 0/�_ Dated: / Dated: / / S- R_ City of 9M ZOOM FLUME, L.L.C, " a Delaware limited liability company, by HINES INTERESTS LIMITED PARTNERSHIP, a Delaware limited partnership, as Managing Member, by HINES HOLDINGS, INC., a Texas corporation, eneral Partner U- Robert By: 6?� E. Daniel, Jr., Vice President James E. Moore Family Partnership, LLLP By: Thomas A. Moore, General Partner Moore Family PVU✓`�-"ter Association, Inc. � By: Robert E. Daniel, Jr., President elf/Hines -Moore Property/Petition for Annexation 3 Revised: 01/26/99 I Dated: Z. Ll L.hI Dated: A I&Lgl Astri Corporation By: CONSENT ATTACHED Fred Alessi, President CONSENT ATTACHED Mark B. Whiston CONSENT ATTACHED Thomas H. Bailey CONSENT ATTACHED Robert M. Beevers CONSENT ATTACHED Nancy L. Beevers elWincs -Moore Property/Petition for Annexation .4 Revised: 01/26199 LIST OF OWNERS NAMES AND MAILING ADDRESSES: Amy Margerum, City Manager Dwayne Romero City of Aspen c/o HINES INTERESTS, LTD 130 South Galena Street 426 East Main Street Aspen, CO 81611 -1975 Aspen, CO 81611 facsimile: 970- 920 -5119 facsimile: 970- 920 -3955 Robert E. Daniel, Jr. HINES INTERESTS, LTD. 426 East Main Street Aspen, CO 81611 facsimile: 970- 920 -3955 Thomas A. Moore, General Partner c/o James Moore Minor & Browne, P.C. 650 South Cherry St., Ste. 1100 Denver, CO 80246 facsimile: 303- 320 -6330 Mark B. Whiston 269 Madison Street Denver, CO 80206 Nancy and Robert Beevers 1047 Saxony Drive Highland Park, IL 60035 Fred Alessi, President Astri Corporation 4701 W. Comanche Avenue Tampa, FL 33614 Kevin L. Patrick & Patricia D. Bukur 730 East Durant Street Aspen, CO 81611 Thomas H. Bailey 620 E. Cooper Aspen, CO 81612 elf/Hines -Moore Property/Petition for Annexation j Revised; 01/26/99 F 011 -JYI VIN ANNEXATION PARCEL NO. 1 A parcel of land situated in the Si /2NE1 /4 of Section 14, Township 10 South, Range 85 West of the 6' Principal Meridian, said parcel being more particularly described as follows: Commencing from the E1/4 comer of said Section 14, The True Point of Beginning; thence N89 040'51 "W 2633.91 feet to the Cl /4 of said Section 14; thence N00 °15'39 "W 1309.65 feet along the easterly boundary line of the Aspen Highlands Subdivision; said boundary line also being the north -south center section line of said Section 14 to the CN1116 comer of said Section 14; thence N89 °54'18 "E 1320.68 feet to the NEl /16 comer of said Section 14; thence N89 °54'18 "E, 1320.59 feet along the southerly boundary line of the Meadowood Subdivision Filing No. 1, to the N1116 comer between said Section 14 and Section 13; thence S00 °03'43 "W 1328.69 feet along the easterly boundary. of said Section 14, said boundary line also being the southerly boundary line of the City Water Plant Annexation No. 3, to the Point of Beginning, said Parcel containing 79.875 acres, more or less. ANNEXATION PARCEL NO. 2 A parcel of land situated in the Ni /2SE1 14 of Section 14, Township 10 South, Range 85 West of the 6" Principal Meridian, said parcel being more particularly described as follows: Commencing from the EIA corner of said Section 14, The True Point of Beginning; thence S00015'53"W 1361.77 feet to the S1/16 comer between Sections 13 & 14; thence N89 007'53 "W 1310.90 feet to the SE1116 comer of said Section 14; thence N89 °07'53 "W 1310.90 feet to the CSI /16 comer of said Section 14; thence N00 °15'39 "W 1336.71 feet along the easterly boundary line of the Aspen Highlands Village P.U.D., said boundary line also being the north -south center section line of said Section. 14 to the CI /4 of said Section 14; thence Ieaving said north -south center section line of said Section 14 S89 040'51 "E 2633.91 feet along the southerly boundary of the Moore Family P.U.D. Annexation No. 1, to the Point of Beginning, said Parcel containing 81.390 acres, more or less. EXHIBIT "C" ANNEXATION PARCEL NO. 3 A parcel of land situated in the NWI 14NEI /4 of Section 14 and the SWl /4SE1 /4 of Section 11, Township 10 South, Range 85 West of the 6' Principal Meridian, said parcel being more particularly described as follows; Commencing from the N114 corner of said Section 14, said point being on the easterly boundary line of the Aspen Highlands Subdivision; The True Point of Beginning; thence N00 °07'23 "W 62.53 feet to a point on the southerly boundary line of a parcel of land owned by the Aspen School District; thence the following 6 (six) courses around the south easterly boundary of said parcel: 1. 97.61 feet along the arc of a curve to the right having a radius of 160.00 feet and a central angle of 34 °57'15 ", and a chord bearing S52 °50'28 "E 96,10 feet; thence 2. S35 021'50 "E 296.72 feet; thence 3. 31.42 feet along the arc of a curve to the left having a radius of 20.00 feet and a central angle of 90 000'00 ", and a chord bearing S80 °21'50 "E 28.28 feet; thence 4. N54 038'10 "E 8.99 feet; thence 5. 15.33 feet along the arc of a curve to the left having a radius of 35.00 feet and a central angle of 25 006'09 ", and a chord bearing N42 °05'05 "E 15.21 feet; thence 6. S73042'51 "E 220.93 feet; thence S89 055'48 "E 819.93 feet to a point on the westerly boundary line of the Meadowood Subdivision Filing No. 1; thence S00 °06'08 "E 1045.43 feet along said westerly boundary line to the NEl /16 corner of said Section 14; thence ' ' 889 054'18 "W 1320.68 feet along the northerly boundary line of the Moore Family P.U.D. Annexation No. 1, to a point on the north -south center section line of said Section 14, the CN1 /16 corner of said Section 14; thence N00 °15'39 "W 731.32 feet along said north -south section line, said line also being on the easterly boundary line of the Aspen Highlands Subdivision, to the southwest comer of a parcel of land owned by the Church of Jesus Christ, Real Estate Division; thence leaving said north -south line and the easterly boundary of Aspen Highlands Subdivision S73 159'09 "E 447.05 feet; thence the following 5 (five) courses around said parcel of land owned by the Church of Jesus Christ, Real Estate Division; thence N19 °30'39" feet; thence N35 °55'39 "W 120.00 feet; thence N19 105'39 "W 140.00; thence N33 015'39 "W 115.00 feet; thence N73 °59'09 "W 210.00 feet to a point on said easterly boundary line of Aspen Highlands Subdivision; thence N00 °15'39 "W 202.50 feet along said easterly line to the Point of Beginning, said Parcel of land containing 30.229 acres, more or less. M Iz11C r a ANNEXATION PARCEL NO. 4 A parcel of land situated in the NW114NE1 /4 of Section 14 and the SW114SE114 of Section 11, Township 10 South, Range 85 Wesrbf the 6' Principal Meridian, said parcel being more particularly described as follows; Commencing from the E1116 corner common to said Section 14 and Section 11, said point being on the westerly boundary line of the Meadowood Subdivision, the True Point of Beginning; thence S00 006'08 "E 287.07 feet along said westerly boundary line to a point on the northerly boundary line of the Moore Family P.U.D. Annexation No. 3; thence N89 055'48 "W 819.39 feet to a point on the southeasterly boundary of a parcel of land owned by the Aspen School District; thence the following 10 (ten) courses around the southeasterly boundary of said parcel: 1. N31 002'40 "E 261.92 feet; thence 2. N00 004'00 "W 856.36 feet; thence 3. N44 005'00 "E 65.02 feet; thence 4. 254.18 feet along the arc of a curve to the left having a radius of 570.00 feet and a central angle of 25 133'00 ", and a chord bearing N31 018'29 "E 252.08 feet; thence 5. 247.77 feet along the arc of a reverse curve to the right having a radius of 630.00 feet and a central angle of 22 032'01 ", and a chord bearing N29 047'59 "E 246.18 feet; thence 6. N41 004'00 "E 88.00 feet; thence 7. 136.08 feet along the arc of a curve to the right having a radius of 180.00 feet and a central angle of 43 118'56 ", and a chord bearing N62 °42'32 "E 132.86 feet; thence 8. N84 022'00 "E 118.50 feet; thence 9. 67.41 feet along the arc of a curve to the left having a radius of 45.00 feet and a central angle of 85 °49'45 ", and a chord bearing N4Y26'52 "E 61.28 feet; thence 10. N01028'00 "W 14.00 feet to a point on the southerly right -of -way of Maroon Creek Road; thence N87 °58'34 "E 53.97 feet along said southerly right =of- -way line to a point on the westerly boundary line of the Meadowood Subdivision Filing No. 2; thence S00 °04'01 "W 1471.13 feet along said westerly Iine to the El/16 comer between said Section 14 and Section 11, the Point of Beginning, said parcel of land containing 24.167 acres, more or Iess. g: \john\word \moore's exhibits a-0 NOTE: Only the applicable pages of the Moore Family Sales Contracts are attached hereto and provide for the Consent to Annexation by the Purchaser and current Owners of the Moore Family PUD. (See Paragraph 20(a) of Alessi, Prinster, Whiston, and Beevers Sales Contract(s); and see Paragraph 18 of Patrick Sales Contract) The purchase price (set forth in paragraph 2 of the Sales Contract) has been excised. 109PPPWi, 1 CITY OF ASPEN 2 FIRST ADDENDUM 3 TO WATER SERVICE AGREEMENT 4 pU 5 6 T is Addendum to Water Service Agreement is entered into this day of 7 U, bl 1998, in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado 8 municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, 9 Colorado 81611 (hereafter the "City "), and JAMES E. MOORE FAMILY PARTNERSHIP LLLP, 10 a limited liability limited partnership organized under the laws of Colorado, whose address is c/o I I Patrick & Stowell, P.C., 730 East Durant Street, Aspen, Colorado 81611 (hereafter "Developer ") and 12 assigns. 13 14 WHEREAS, the parties are all of the parties to that certain Water Service Agreement 15 executed contemporaneously herewith; and 16 17 WHEREAS, the parties wish, by this First Addendum, to correct certain provisions of the 18 Water Service Agreement; 19 20 THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, 21 the parties agree as follows: 22 23 1. Paragraph 27 of the Water Service Agreement is hereby amended to read in its 24 entirety as follows: 25 26 Annexation. After final plat approval of the Project and vesting of property rights 27 in accordance with the final approvals granted by the Pitkin County Board of County 28 Commissioners, and upon the request of the City, at the City's sole discretion, 29 Developer, or its successors in interest, shall petition the City for annexation of the 30 Subject Property, provided such annexation is for the entire Subject Property, to the 31 City of Aspen at such time(s) as determined by the City (hereinafter "Property to be 32 Annexed'. Contiguity may be established by the annexation of one or more parcels 33 within the Property to be Annexed, in a series contemplated in C.R.S., 31 -12- 34 104(1)(a). Such annexation shall not divest or diminish any land use approvals, 35 grants of exemption, variances, design approvals or any other development rights 36 awarded by Pitkin County for the Project or the Subject Property, including but not 37 limited to the vesting periods for such land use approvals or development rights, to 38 the extent such approvals and rights are legally vested on behalf of Developer prior 39 to annexation to the City. The owners of the property comprising the Property to be 40 Annexed upon written request shall provide to the City, within seven days 41 recordation of the final plat, a list of all owners and legal descriptions of the property 42 owned by each such owner within the Property to be Annexed to facilitate the 43 preparation and recording of an Agreement to Annex. Nothing herein shall be 44 construed to anticipate or require annexation of property owned by the United States 111111 Hill 111111111111111111 Hill 111111111111111111 III 1111111111111 420482 08/11/1998 10:00R ADDENDUM DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO of America or any agency thereof. Failure of Developer and/or its successors in 2 interest to commence annexation proceedings as herein required shall authorize the 3 City to commence such annexation on their behalf, in which event the City shall 4 charge, and Developer (or if such property has been transferred, only its successors 5 in interest) shall pay, all costs and fees associated with such annexation. Neither any 6 provision of this Agreement or annexation shall require owners of the Property to be 7 Annexed to comply with: A) Any building, engineering or design standard of Code, 8 or interpretation thereof, which differs from the standards or variances under which 9 the Project was approved by Pitkin County; and B) the provisions of Ordinance 30, 10 Series of 1995, or any similar ordinance. In the event annexation would result in any I 1 approval, design criteria or zoning classification which would render the Project, or 12 any portion of the Project, non - conforming in nature within the City, the City shall 13 adopt such appropriate zoning, design criteria or other regulations, for the Property 14 to be Annexed which would render the Project or any portion thereof conforming. 15 The requirement to annex set forth herein shall not impair, alter or modify 16 Developer's intent and rights to form and operate one or more Colorado Special 17 Districts for the Subject Property; the city consents to the existence of such Special 18 Districts. In the event of any inconsistency between the P.U.D. approvals granted by 19 Pitkin County for the Property to be Annexed and the legislative requirements or 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 policies of the City, the P.U.D. approvals shall control. 2. Paragraph 30 is amended so as to change the address for the firm of Patrick and Stowell, P.C. to 730 East Durant Street, Aspen, Colorado 81611. 3. This First Addendum shall be recorded with the Pitkin County Clerk and Recorder contemporaneously with the recording of the Water Service Agreement. 4. Except as specifically amended herein, the Water Service Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: By J City Clerk THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City sy P- � g Mayor 2 NIIII 11111 1111f111111111111Ift 1111!11 III if11flillllfl 420482 08/11/1998 10:00A ADDENDUM DAVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 APPROVED AS TO FORM: Aspen'tity ttorney JAMES E. MOORE FAMILY, LLLP Title Gwl---c--�eai ( -- tvE STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) SUBS ED AND SWORN to before me this � day of ct Ust— 1998 by _ one ioc� e , ntypfthe Jpmes E. Moore Family - artnership LLLP. �,7LB di`1 tti P -(�.np My commission expaes S �o N Witness my hand and official seal. 2 JANICE L. JOHNSON $ NQtARY PU3L'C SiA7E OF COLORADO My Commission Expires 4/15/2000 FADATA \DOCS\342BADDE.02 111111111111111111111111111111111111111111111111111 IN 420482 0811111998 10:00A ADDENDUM DAVIS SILVI 3 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO Fn�s9Z. 1 CITY OF ASPEN 3 4 WATER SERVICE AGREEMENT 5 (New Development) 6 7 Cl t 8 4 This Water Service Agreement is entered into this I V day of �tC ACS 9 199Pr in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal O poration 10 and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter 11 the "City "), and JAMES E. MOORE FAMILY PARTNERSHIP LLLP, a limited liability 12 limited partnership organized under the laws of Colorado, whose address is c/o Patrick & Stowell, 13 P.C., 205 S. Mill St., Suite 300, Aspen, Colorado 81611 (hereafter "Developer ") and assigns. 14 1s WITNESSETH 16 17 WHEREAS, the City owns and operates the City of Aspen water system in accordance 18 with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, 19 regulations, policies and resolutions of the City of Aspen, and, except as otherwise provided 20 herein, this Agreement is entered into in conformity with, and subject to, all such laws, charter, ?1 ordinances, rules, regulations; policies and resolutions; and WHEREAS, Developer is the owner of certain real property comprising approximately 24 180 acres situated in Pitkin County, Colorado, as more particularly described in Exhibit "A" and 25 referred to in this Agreement as the "Subject Property "; and 26 27 WHEREAS, Developer seeks to construct on the Subject Property the project described 28 on Exhibit "B" hereto (referred to herein as the "Project "); and 29 30 WHEREAS, the Project, which contains substantial open space, a nordic trail system, a 31 ski lift and related amenities provides a substantial public benefit.to the Aspen area community; 32 and 33 34 WHEREAS, Developer wishes to obtain municipal water service from the City for the 35 Project on the Subject Property; and 36 37 WHEREAS, the Subject Property is located outside the corporate limits of the City; and 38 39 WHEREAS, final plat approval for the Project has been granted by the Board of County 40 Commissioners for Pitkin County, and a copy of said approval is recorded at Reception No. _ 41 4/573 S�'2, which is incorporated herein by reference; and WHEREAS, water service for the Project will require the construction and installation of 44 certain water mains, lines and related facilities as described in this Agreement; and 45 1 111111 hill 111111 11111111111111111111111111111 .11111111 420481 08/11/1998 09:808 WATER AG DAVIS SILVI 1 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO g5 :rr Service A,trecucnf (new development) 06196 oworc rev. 011177 I WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code "), requires z that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the City, that the City shall not be obligated to extend such service, 4 and may provide such service only upon a determination that it is in the.best interests of the City, 5 and that the City may impose such requirements by agreement as it deems necessary to protect 6 its best interests; and 7 8 WHEREAS, the City's Water Service Extension Policy permits water service extension 9 only upon demonstration that such extension will meet the policy goals and requirements of 10 Resolution No. 5 (Series of 1993) as amended, [codified at Section 25.12.020 of the Aspen 11 Municipal Code, as the same may be further amended from time to time] including the 12 requirement that the City must recover its costs associated with providing such extraterritorial 13 service and make a profit; and 14 is WHEREAS, the City has determined that this Agreement allows for such recovery of costs 16 and making of profit; and 17 18 WHEREAS, the City requires a loop system or a cross -tie system (at Developer's expense) 19 such that when water main extensions are made, such extensions shall be made in a manner that 20 will allow connection with another of the City's treated water mains to create a looped system; 21 and 22 23 WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the City's water policies, and the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as 2G capable of or intending to provide water service extraterritorially; and 27 23 WHEREAS, the Code provides for the rating of new or expanded water service based on 29 potential water demand as expressed in equivalent capacity units (hereafter "ECU "); and 30 31 WHEREAS, the City desires to encourage the use of raw water supplies for certain 32 irrigation so as to reduce the dependence on treated water for this purpose and to minimize the 33 costs of providing treated water service to the Project and the Subject Property; and 34 35 WHEREAS, Developer has submitted its Amended Application for Water Service 36 Extension (the "Application ") and has paid all fees required in connection with the Application. 37 The Application, and all attachments, addenda and exhibits thereto have been relied upon by the 38 City in authorizing this Agreement; and 39 40 WHEREAS, the City has approved the Application, and is willing to provide water service 41 to Developer on the terms and conditions of this Agreement; 42 43 THEREFORE, in consideration of the premises and the mutual promises and covenants n4 contained herein, the City and Developer agree as follows: 420481 08/11/1998 09:508 WATER AG DAVIS SILVI 2 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO Rarer Senile Agreement (nett, develop-new) 06196 [moore rev. 0411971 I PURPOSE OF AGREEMENT 2 4 1. Water Service to Project and Subject Property. The City hereby agrees with Developer 5 that the prerequisites to this Agreement (as set forth in Resolution No. 60, Series of 1995) have 6 been met, waived or amended and that the City will provide treated water service to the Project 7 and the Subject Property under the terms of this Agreement in such quantities and to the extent 8 herein provided so as to serve the uses authorized by Pitkin County under the approvals granted 9 to Developer . Pursuant to this Agreement, the City shall provide treated water service adequate 10 to meet the demands of the uses for the Project and the Subject Property approved by Pitkin 11 County per the final plat recorded in Pitkin County records at Reception No. 4 -N' 65 The Subject 12 Property is estimated to require approximately 323 ECUs, and the assumed maximum volume of 13 treated water the City shall be required to provide to the Project and the.Subject Property pursuant 14 to this Agreement shall not exceed 126 acre -feet per year. Only those structures and uses 15 approved for the Project and the Subject Property may be served under this Agreement. Raw 16 water for irrigation of common areas and recreational fields will be provided to the Subject 17 Property pursuant to a Raw Water Agreement to be executed by the parties contemporaneously 18 with this Agreement. 19 20 This Agreement and the Raw Water Agreement executed contemporaneously herewith 21 supersede and replace only those terms and conditions regarding provision by the City of raw or 22 treated water service to the Subject Property contained in that certain Easement Agreement dated 23 July 3, 1990, recorded September 11, 1990, in the records of Pitkin County, Colorado, at Book 629, Page 188 (Reception No. 326090). 1-6 2. Limitation of Time to Provide Service. The City's obligation to provide water 27 service to the Project and the Subject Property pursuant to this Agreement shall terminate if 28 Developer has not commenced the first phase of construction as shown on Exhibit C(b) by 29 December 31, 2004. The City's obligation to provide water service to the unbuilt phases of the 30 project shall terminate if construction of the final phase as shown on Exhibit C(b) has not been 31 substantially completed by December 31, 2010, unless completion of construction is delayed by 32 force majeure as defined in paragraph 31 below, in which case the deadline shall be extended by 33 the same number of days as the force majeure delay that prevented completion of construction. 34 These deadlines shall also be extended with the mutual consent of the parties, which shall not be 35 unreasonably withheld to serve those uses approved by Pitkin County which have become vested 36 as of the date of the deadline sought to be extended. 37 38 CONSTRUCTION BY DEVELOPER; 39 40 3. Water Related Mains. Lines and Facilities. Developer will design and construct 41 the water transmission and distribution mains, associated facilities and internal distribution lines 42 for the Project in accordance with and subject to the City's design, materials and construction 43 specifications and approval, at Developer's own expense; provided, however, that to the extent a the City desires any mains, lines or facilities with capacities larger than necessary to meet the needs of the Project, the City will be responsible for the incremental cost of such enlarged or -3- 111111 IIIII IlIIII 111111 IlIN I!I NlIIII NI I!I!! IIII Ilil 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 3 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 additional mains or facilities. The line sizes described in Exhibit C(a) are, for purposes of this ? paragraph, presumed to be the sizes necessary to serve the Project. "Incremental costs" shall be defined as the difference between the total cost of a particular facility designed and constructed 4 solely to meet the needs of the Project and the total cost of such facility as enlarged at the City's 5 request. All water lines and sewer line locations shall comply with all state, federal and local laws 6 and regulations. 7 6 4. Preconstruction Exhibits. The following exhibits concerning the Project have been 9 prepared by Developer and have been reviewed and relied upon by the City in entering into this 10 Agreement and shall not be substantially modified except by Agreement between the parties: 11 12 Exhibit C: 13 14 a. Reduced copies of the final plans for the water .mains, interconnecting is mains (loop system), and lines and facilities to be constructed pursuant to 16 this Agreement, as approved by the City, and shown on that certain design 17 drawing entitled Moore Family PUD Detailed Submission - Overall Water i8 and Sewer Plan, dated 04/96, and prepared by Schmueser Gordon Meyer 19 Inc. 20 21 b. Phasing plan for the Project water mains, lines and associated 22 facilities to be constructed pursuant to this Agreement as approved 23 by the Developer and the City. Exhibit D: 26 27 Operational impact statement containing information necessary to permif the City 28 to determine the operational impact of Developer's proposed extension on the 29 City's existing facilities and water supply. The information provided adequately 30 includes, to the extent required by the Water Department, requested approximate 31 water flow rates, impact on water quality, incremental costs for capital items, 32 incremental expense items (such as electric power and treatment chemicals) and 33 electrical consumption. Said information also includes estimated man hours for 34 operation and maintenance of the proposed facilities. 35 36 Exhibit E: 37 38 a. Estimated gross water requirement (gpd) and water flow requirements for 39 the Project for in- building use at full development (including water require - 40 ments for any existing uses that will be continued upon completion of the 41 Project), and estimated treated water irrigation requirements, ,including 42 number of square feet to be irrigated with treated water. 43 ? b. Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property. _ d _ IIIIII IIIII HIM 111111 IIIII Ill1111111111 Illli IIIL IN 420481,08/11/1998 09:5011 WATER AG DAVIS SILVI 4 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 C. Description of general location of easements to be conveyed to the City 2 4 5. Final Plans. The City must approve the final plans and specifications for the water 5 mains, lines and facilities to serve the Subject Property, and confirm that the final plans 6 substantially conform to the system configuration shown on Exhibit C(a). No substantial changes 7 shall be made to the approved final plans and specifications without the prior written approval of 8 the Developer and City. Developer's registered professional project engineer shall inspect and 9 certify the design and installation of all water system mains, lines and facilities to be constructed 10 pursuant to this Agreement. 11 12 THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS WATER SERVICE 13 AGREEMENT IS ENTERED INTO WITH THE UNDERSTANDING AND BELIEF THAT 14 THE CITY WILL ALSO ENTER INTO A WATER SERVICE AGREEMENT TO 15 PROVIDE MUNICIPAL WATER SERVICE TO THE ASPEN HIGHLANDS BASE AREA 16 DEVELOPMENT PROJECT, AND THAT CERTAIN FACILITIES CAN THEREFORE BE 17 SHARED BY THE MOORE PROJECT AND THE ASPEN HIGHLANDS BASE AREA is DEVELOPMENT PROJECT. THE DESIGN DRAWINGS AND COST ESTIMATES 19 APPROVED BY THE CITY FOR THE MOORE PROJECT CONTEMPLATE SUCH 20 SHARED FACILITIES. IF THE CITY DOES NOT ENTER INTO A WATER SERVICE 21 AGREEMENT TO PROVIDE WATER SERVICE TO THE ASPEN HIGHLANDS BASE 22 AREA DEVELOPMENT, THE APPROVED DESIGN DRAWINGS AND COST 23 ESTIMATES FOR THE MOORE PROJECT AND THIS AGREEMENT WILL REQUIRE AMENDMENT TO ASSURE THAT THERE IS NO CONNECTION BETWEEN THE WATER SUPPLIED TO THE ASPEN HIGHLANDS BASE AREA DEVELOPMENT AND Z6 THE MUNICIPAL WATER SUPPLIED TO THE MOORE PROJECT PURSUANT TO 27 THIS AGREEMENT, AND TO ASSURE THAT THERE WILL BE NO ADVERSE 28 IMPACT TO EXISTING CITY WATER CUSTOMERS AS A RESULT OF SUCH 29 CHANGES, WHICH IMPACTS INCLUDE, BUT ARE NOT LIMITED TO, ADEQUACY 30 OF FIRE PROTECTION, AVAILABILITY OF LOOPED WATER SYSTEMS, AND 31 INCREASED CAPITAL OR OPERATIONAL COSTS TO EXISTING CUSTOMERS. 32 MOORE UNDERSTANDS THAT THIS MAY RESULT IN RELOCATIONS AS WELL AS 33. INCREASED COSTS OF DESIGN AND CONSTRUCTION OF THE MAINS, LINES, 34 TANK, PUMP STATIONS AND ASSOCIATED FACILITIES REQUIRED TO SERVE THE 35 MOORE PROJECT, AND MAY REQUIRE DUPLICATION OF CERTAIN FACILITIES 36 SUCH AS TANKS AND PUMP STATIONS THAT COULD HAVE BEEN SHARED WITH 37 THE ASPEN HIGHLANDS BASE AREA DEVELOPMENT PROJECT HAD THE CITY 38 CONTRACTED TO PROVIDE MUNICIPAL WATER SERVICE TO THE ASPEN 39 HIGHLANDS BASE AREA DEVELOPMENT PROJECT. 40 41 6. Bond Requirements. Prior to commencement of construction, and unless otherwise 42 agreed to as provided below, Developer shall obtain a completion bond, naming the City as a third 43 party beneficiary thereof, in the amount of one hundred percent (100 %) of the water system A4 construction costs (including those costs for lines or facilities to be constructed by the City, and those incremental costs, if any, to be borne by the City for enlarged or additional facilities -5- 111111 Iliil 111111 111111 11111 III IIINIi !!! Iilll 1111 IIII 420481 08/11/1998 09:50A WATER AG DAVIS SILVI fl'pn- .Srrd,e Agrrrmrni(nrm dr.rLpminv) 06194[, nrr re,. Of/ 197/ 5 of 27 .R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO I although the portion of the bonding attributable to the City shall be the City's responsibility). 2 Bonding may be provided on a phased basis to conform with the phases for which construction of the water facilities are scheduled to occur. For any phase of construction, as set forth in Exhibit C(b), the bond amounts, by phase, shall be increased by the amount required to meet the 5 cost of any accepted bid. Such bonds shall ensure completion of and payment for each phase of 6 construction; the form of the bond shall be mutually acceptable to Pitkin County, the City and 7 Developer. The City shall be held harmless for payment to the contractor or any subcontractors, 8 materialmen, or others involved in the construction of the water transmission and distribution 9 mains, interconnecting mains (loop system), lines, tank, pump stations, and associated facilities, 10 or for the provision of materials therefor. Developer shall also assign and the City shall accept 11 all warranties from materialmen and suppliers which warrant the water system improvements 12 constructed by Developer free and clear of defects for a period of two years from the date of 13 installation. In addition, Developer shall obtain and assign to the City maintenance or warranty 14 bonds ensuring the proper operation of facilities constructed by Developer's contractors for a i5 period of two (2) years from the date of completion of any phase. The parties acknowledge that 16 the foregoing obligations shall.be provided, to the extent that they are not duplicative of the 17 security required under the Subdivision Improvements Agreement approved by Pitkin County. In 18 this regard, to the extent the City's bonding requirements are, in the opinion of the City Attorney, 19 satisfied by the Developer's security arrangement with Pitkin County, the Developer shall not be 20 obligated to comply with the completion bond procedure discussed above. 21 22 7. Conveyance of Water Rights and Structures. Developer (or the appropriate owners) 23 shall, upon execution of this Agreement, convey to the City by quit claim deed acceptable to the �4 City Attorney its interest in the following water rights: 46 3.125 cfs decreed to the Stein - Arlian- Marolt Ditch 27 .2 cfs decreed to the Nestell Ditch 28 29 The Stein- Arlian- Marolt Ditch was decreed with Priority No. 495 for 21 cfs for irrigation 30 and domestic purposes, in CA 4033 on October 24, 1952, with a priority date of June 23, 1947. 31 The 3.125 cfs conveyed to the City pursuant to this Agreement is a portion of Priority No. 495. 32 The Stein - Arlian- Marolt Ditch also has a decree for Priority No. 667 for 4.0 cfs for irrigation 33 purposes, Priority No. 667 was decreed in CA 4613 on June 20, 1958, and has a priority date 34 of June 1, 1948. 35 36 The Nestell Ditch was decreed with Priority No. 208A for 3.4 cfs for irrigation purposes 37 in CA 515 on April 8, 1893, with a priority date of July 10, 1889, In CA 3723, Priority No. 38 208A for 3.4 cfs was consolidated with the Maroon Ditch for 65 cfs, for a total decreed amount 39- of 68.4 cfs for domestic and power purposes. 40 41 The -City and Developer agree the interest in said water rights to be conveyed to the City 42 pursuant to this Agreement is sufficient in quantity and quality to provide the water required for 43 the Project on the Subject Property. Because the parties acknowledge that there are unresolved 44 issues concerning the title to certain water rights in which Developer has or may have an interest, Developer and Tom Moore will also convey to the City by quitclaim deed all of their respective 420481 08/11/1998 09:808 WATER AG DAVIS SILVI a _c " a iz& as n a as u a as smem emiury en WUrr Sen'ire dgre enoe+/ (nnv drrdop e.10 06196 (nmore rm 0171977 I right, title and interest in the Stein- Arlianwlarolt Ditch, the Nestell Ditch, the Pearson Spring Ditch and the Maroon Ditch. Developer is not aware of any other persons claiming an interest in the 3.125 cfs decreed to the Stein - Arlian- Marolt Ditch and 0.2 cfs decreed to the Nestell Ditch 4 described in this paragraph 7. However, if it is discovered that another party is claiming such 5 an interest, Developer shall use its best efforts to try to obtain a quit claim deed to the City from 6 each person(s). 7 8 Developer will also contemporaneously provide to the City all information in its 9 possession, or available to it, regarding the historic use of said water rights, including well 10 pumping records, diversion records, irrigation records, a%:rial photographs, affidavits, and all 11 other available information concerning the use of said water rights, and shall cooperate fully with 12 the City, however, without any financial obligation, in all water court proceedings brought to 13 change or defend said water rights. The City will utilize all reasonable efforts to apply the subject 14 water right to beneficial use. In the event of a termination of this Agreement, all water rights, 15 conveyed to the City shall be reconveyed, in the condition received, at no cost, to Developer by 16 quit claim deed, unimpaired and undiminished, except as otherwise determined in water court 17 proceedings. 18 19 8. Construction by Developer. Upon completion of the prerequisites described in 20 paragraphs 3 through 7 above, Developer shall proceed with due diligence to construct the water 21 transmission and distribution mains, lines, tank, pump station and associated facilities in 22 accordance with the plans and specifications and the construction phasing. No construction shall 23 occur between November 1 and April 1 without written permission of the City's Water Department which shall not be unreasonably withheld. 26 9. Construction by the Citv. The City shall complete, at its own expense, the 27 Meadowwood 12" interconnect main. However, the modifications to the Meadowwood pump 28 station necessary to serve the Project shall not be paid for by the City unless Developer provides 29 the City with copies of plans or specifications or bid proposals showing to the satisfaction of the 30 City that the necessary pump upgrades were part of the 1990 capital improvements project. If 31 Developer cannot provide such evidence at least 60 days prior to the commencement of 32 construction of phase 2, the parties understand that the costs of necessary improvements to the M- 33 eadowwood pump station will be borne jointly by Developer and the developers of the Aspen 34 Highlands Base Area Development, and that such costs will be allocated between said parties in 35 proportion to their respective anticipated demands on the pump station. Provided, however, the 36 City will consider an appropriate tap fee credit for the proportional benefit that such improvements 37 create for new uses not within the Moore Development and /or Aspen Highlands Base Area 38 Development, 39 40 In the event the City elects, within sixty days prior to Developer's commencement of 41 construction hereunder, to replace the existing 8" cast iron water line owned by the Aspen School 42 District, the City shall so advise Developer. Developer shall add the cost of replacing said line 43 to its overall bid for the Project's water and sewer system infrastructure, and will construct this line as part of its construction of such infrastructure. The City shall reimburse Developer two- thirds of the cost of replacing said line. Developer shall provide the City with an itemized II11111111111 HIM 1111111111111111 HIS 11111111 IN IN 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 7 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO 1" aiee Sen'iee Ayevmert 1 7em dere!.r"'M 06196 /.more rn. '91197 _ 1 statement for such replacement, and the City shall remit its share to Developer within sixty (60) ? days of the date of the statement. 4 The City has determined that it is in its best interests to construct a raw water system from 5 the Thomas Reservoir to provide raw water service to Developer and others. The system will 6 be constructed at no cost to Developer; however, Developer will obtain a separate bid proposal 7 from its contractor for the cost of constructing the raw water system and permit the City to 8 contract directly with its contractor and to construct this system as part of Developer's 9 construction of the Project infrastructure to the extent the raw water system construction coincides 10 with Developer's phased construction schedule. Developer agrees to provide the easements 11 necessary to permit the City to place the raw water lines in trenches shared with portions of the 12 infrastructure to be constructed by Developer pursuant to this Agreement. The City will pay the 13 costs of the raw water system construction and installation, as well as one -half of the costs of such 14 common trenches (excluding piping costs) up to a maximum of $30.00 per lineal foot of common 15 trench. The parties agree that certain segments of existing potable water lines may be converted 16 to raw water lines in connection with construction of the raw water system, and that cost savings 17 are expected to result from such reuse of lines. Developer's contractor will provide cost estimates 18 for the raw water system with and without reuse of such lines, and cost savings resulting from the 19 reuse of certain lines will be shared equally between Developer and the City. 20 21 10. Fees. Developer shall timely pay all fees imposed by the City in connection with 22 reviewing and approving this Agreement (excluding legal fees), the design drawings. and 23 construction plans, as well as construction inspection fees. Developer shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City (such as Pitkin County and /or other regulatory agencies) necessary for construction of the mains, 26 lines and associated facilities. Developer shall not be responsible for any review or inspection 27 fees associated with construction of the raw water system. 28 29 11. Inspection of Construction. Construction must be inspected by the City's engineers 30 or other designated personnel prior to burial or final installation. Developer's contractor shall 31 give the City reasonable advance notice when the mains, lines and /or associated facilities are 32 ready for burial or installation, and the City's engineer or agent shall inspect said mains, lines 33 and/or associated facilities within two working days of such notice. As provided in paragraph 10 34 above, Developer shall be responsible for the City's construction inspection fees in accordance 35 with the City's published inspection fees and rates, if such inspections are conducted by City 36 employees, and the actual cost of outside firms if such inspections are conducted by outside firms. 37 The City agrees to use reasonable business judgment to minimize the cost to Developer of such 38 inspections; the City shall not make a profit on such outside inspections. 39 40 12. Easements. Developer shall obtain at its own cost and convey in perpetuity to the 41 City surveyed, non - exclusive easements for water mains, lines, tanks, pump stations and other 42 water facilities as shown on the record drawings, along with all necessary access easements for 43 maintenance and repair purposes, as well as easements for any portion of the raw water system 4 described in paragraph 9 above which crosses property owned or controlled by Developer ("easements"). Said conveyance shall occur in accordance with paragraph 13 below. Developer 8 111111111111 HIM 11111111111111 HIM III OF IN IN 420481 08/11/1998 09:50A WATER AG DAVIS SILVI f5:v:er Seri-ice Agrten:uab:eu•Anrfnpmer:r) 06/96 (monrc rev. 04!7917 8 of 27 R 336.00 D 0.00 N0.00 PITKIN COUNTY CO 1 specifically acknowledges that this requirement includes acquisition of an easement for a tank ? site located on property outside the Subject Property, on land not owned or controlled by Developer. Unless otherwise approved in the plans and specifications (see 15) or permitted by the Codes adopted by the City, all water main and water line easements (whether raw or treated 5 water lines or mains) must be large enough to provide the City with at least ten (10) feet on either 6 side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) 7 feet from any water main or line, and (2) other utilities must be located at least five (5) feet away 8 from any water main or line. Access easements and easements for tanks, pump stations and other 9 facilities shall be of a size determined by the City to be reasonably necessary for the operation, 10 maintenance and repair of the tank, pump station or other facility to be located on such easement. 11 Each parry shall be solely responsible for any injury or damages, including costs and attorneys' 12 fees, to persons or property arising from its own negligent acts or omissions occurring on or 13 resulting from its use or occupation of any easement premises. The City will promptly re- 14 contour, re -seed or re -sod any portion of the easement it disturbs in furtherance of its maintenance 15 or repair activities. The City shall not be required to restore trees or other landscaping unless it 16 has agreed, in writing, to the placement of such trees or landscaping within its easement and has 17 also agreed in writing to replace such trees or landscaping. Nothing contained herein, however, is shall constitute or result in any waiver or diminishment of any defense or limitation available to 19 the City under the Colorado Governmental Immunity Act or other applicable law. 20 21 13. Testier - Convevance: As -Built Drawings. Upon completion of each phase of 22 construction and before any water is delivered to that phase pursuant to this Agreement, all 23 distribution and transmission mains and all associated water lines and facilities for that phase shall be tested and, upon approval by the City, conveyed (excluding individual service lines) with all necessary non - exclusive easements to the City, free and clear of all liens and encumbrances, by z6 bill of sale, assignment or deed in form acceptable to the City Attorney. Any and all warranties, 27 bonds or other security provided by Developer's contractors pursuant to paragraph 6 above shall 28 be adjusted to reflect the final actual construction costs. Record drawings of the Project, including 29 the water system and all other utilities, shall be provided to the City on reproducible sepias with 30 a maximum size of 24" x 36 ", and on an "auto cad disk data transfer file" tied into one (1) set of 31 state plane coordinates. 32 33 WATER SERVICE 34 35 14. Treated Water Service. Upon completion of construction and acceptance of each 36 phase of the water distribution and transmission mains and lines, the associated facilities and 37 easements by the City, the City will provide treated water service to the Subject Property to no 38 more than the total number of ECUs provided for by the approved final design drawings, for that 39 phase. Any change in the treated water service requirements for the Subject Property will require 40 approval by the City, and amendment of this Agreement. 41 42 The treated water to be delivered by the City pursuant to the terms of this Agreement may 43 be used for the Project uses approved by Pitkin County and all lawful in- building municipal and decreed purposes, and for fire protection, swimming pools and the normal and reasonable outside irrigation of trees, lawns and gardens. Maximum outdoor irrigation using treated water shall not 9 111111111111111111111111111111111111111111 HIM IIII Iff 420481 08/11/1998 09:50A WATER AS DAVIS SILVI 9 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO iC:rn. crrrirr Ar.rrn,rnr (rrrn• d'�lnp!•ro: ni CF %AU /nnrrr rn•, Pf11?7 1 exceed 5,000 square feet for each of the residential units,and for the commercial unit. Developer shall record covenants containing this restriction. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, Series of 1993), as 4 amended), and water conservation ordinances. 5 6 15, Raw Water Service. The City shall provide raw water for common area irrigation 7 purposes on the Subject Property pursuant to the Raw Water Agreement executed contemporand- 8 ously with this Agreement. All common open spaces and recreational areas within the Subject 9 Property shall be irrigated with raw water as provided in the Raw Water Agreement. Such 10 common open spaces and recreational areas shall not be irrigated with treated water under this 11 Agreement. 12 13 16. TaD Fees and Other Service Connection Fees - Commutation and Payment• 14 Scheduling of Taos. All tap fees for treated water service herein provided shall be assessed 15 utilizing the City's prevailing applicable tap fee at the time of application for building permit 16 for the structure for which service is sought. No water service shall be provided to any structure 17 absent payment of the appropriate utility investment charge, and a pro -rated charge for well 18 system improvements, and the City's hook -up charge according to the City's published fee 19 schedule. Tap fees, and well system improvement charges and standard hook -up charges shall 20 be paid at the time of building permit issuance. The City Water Department shall determine 21 scheduling of all physical taps or connections to the main lines, provided, however that Developer 22 may, at its election, execute a Pretapping Agreement with the City that will permit taps to be 2- made in accordance with the Pretapping Agreement. The subject property will be included in a new billing area to be established by the City fcr the Project and the Aspen Highlands Base Area Development and service charges will be assessed accordingly. 26 27 17. Service Lines. Each service line shall be metered in accordance with the Code at the 28 sole expense of the water user requesting the connection and cross - connection and backflow 29 prevention devices will be installed at the expense of the water user requesting the connection. 30 31 18. Limitations on Provision of Water Service. This Agreement is only for the supply 32 of treated water service as herein described and no material modification of uses, connections, or 33 water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way 34 authorized by this Agreement. The City is not by this Agreement prejudging, certifying or 35 guaranteeing its ability to provide treated water service to any use. or structure except as provided 36 herein, nor may this Agreement be used as evidence of approval of any land use requests, or as 37 evidence of approval of water service for any land use request, except as provided herein and 38 subject to the understanding that the Subject Property and development have been found to be in 39 compliance with the Aspen Area Community Plan of 1993 and all prevailing City policies. 40 41 19. Service Subject to the City Charter Codes Rules Rezu, lations and Policies. All 42 water service provided hereunder shall be subject to, all applicable provisions of the Charter of 43 the City of Aspen and the Aspen Municipal Code, as well as all applicable rules, policies or regulations of the City now in effect or as.may be hereafter adopted. Provided, however, the parties hereto agree that this Agreement shall preclude any legislative, zoning, or land use action -10 11111111 11111111111111111111111111111111111111111111111 420481 08/11/1998 09 :50A WATER AG DAVIS SILVI 10 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO 11'wer Sen,ire.1creemem Inar drr.dnpmew) r'6/9! (,,more rev. W1197 1 by the City or pursuant to an initiated measure which would alter, impair, prevent, or diminish the rights of Developer under this Agreement or otherwise delay the development or use of the subject property as set forth in the detailed submission and final plat approval granted by the 4 Board of County Commissioners for Pitkin County by Resolution No. as recorded at 5 Reception No. with the Pitkin County Recorder's Office, except (a) with the 6 consent of developer, or (b) upon the discovery of natural or manmade hazards on the subject 7 property, which hazards could not reasonably have been discovered at the time of the County 8 approval, and which hazards, if not corrected within a reasonable time frame, would pose a 9 serious threat to the public health, safety and welfare. In addition, provided that such does not 10 conflict with the terms, benefits and obligations of the parties set forth in this Agreement, this 11 Agreement shall not preclude the application of ordinances or regulations which are general in 12 nature and are applicable to all property similarly situated for building permit issues, including 13 but note limited to, water service, building, fire, plumbing, electrical, water service, and 14 mechanical codes, unless an exemption therefrom is granted in writing. 15 16 Water rates for customers located within the Subject Property and receiving water service 17 pursuant to this Agreement will be set in the manner provided in the Code, as now in force or 18 hereafter amended. Developer and City understand that only the Highlands Base Area Property 19 and the Aspen Highlands Ski Area and the Subject Property, will be located in the new billing 20 area, and the rates for the new billing area will be no more expensive than those of Billing Area 21 No. 5; provided, however that pumping charges will not be included in comparing the rates and 22 charges of the new billing area with Billing Area No. 5 for purposes of this sentence. The parties 23 agree that Section 25.08.080 of the current Code sets forth the factors to be included in the water rates charged to City customers, and that these factors will be used to establish rates to customers within the Subject Property unless and until the Code is amended to provide a different method 26 for determining rates consistent with this Agreement. 27 28 20. Rules Regarding Water Use. This Agreement and the Addenda and Exhibits hereto 29 shall be recorded as covenants running with the land and shall be as fully enforceable on the 30 Subject Property as if the same were situated inside the City. 31 32 21. Source of Water Supply, The parties to this Agreement recognize that the City's 33 water supply is dependent upon sources from which the supply is variable in quantity and 34 quality and beyond the City's reasonable control; therefore, no liability shall attach to the City 35 under this Agreement on account of any failure to accurately anticipate availability of water supply 36 or because of an actual failure of water supply due to inadequate runoff, poor quality, or other 37 occurrence beyond the City's reasonable control. 38 39 22. No Guaranty of Water Quality, Quantity or Pressure. The City makes no promise 40 or guarantee of pressure, quantity or quality of water supply for any purpose, including fire 41 suppression, except as specifically provided herein or as is required by applicable federal, state 42 and local laws and regulations. The City agrees to treat its water to meet all mandatory local, 43 state and federal potable water standards and to exercise reasonable care and foresight in 420481 08/11/1998 09:50A WATER AG DAVIS SILVI r,:r, .'It d, A rr,r(. ...... dnrdq.nrrnQ y /?fi(n:nnrrnr. f1197/ 11 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO i furnishing water hereunder reasonably comparable in quantity, pressure and quality to that 2 furnished inside the City. r 23. Property Rights in Water. All water furnished under this Agreement is provided on 5 a contractual basis for use on the Subject Property as described in this Agreement, and all 6 property rights to the water to be furnished hereunder are reserved to the City. Water service 7 provided under this Agreement does not include any right to make a succession of uses of such 8 water, and upon completion of the primary use of the water on the Subject Property, all dominion 9 over the water provided reverts completely to the City. Subject to the prohibition against waste 10 and any other limitations on water use imposed in this Agreement, Developer shall have no 11 obligation to create any particular volume of return flow from the water furnished under this 12 Agreement. 13 14 VIOLATIONS 15 16 24. Enforcement by the City. In addition to other rights the City may have at law or 17 equity, the parties to this Agreement recognize and agree that the City has the right to enforce its 18 rules, policies, regulations and ordinances for the use and delivery of the treated water hereunder 19 and the terms of this Agreement by the disconnection of the supply of water to the offending 20 party or connection. Additionally, in the event that Developer or any user who has purchased or 21 leased a portion of the Project or the Subject Property violates the rules, policies, regulations or 22 ordinances of the City, the City shall have all remedies available to it at law or in equity, or as 23 provided in the Code. Without limiting the foregoing rights and remedies, Developer agrees that the City may also enforce such violations by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such 46 violations. The City shall be free from any liability arising out of the exercise of its rights under 27 this paragraph. Notwithstanding the foregoing provisions of this paragraph 24, but consistent with 28 paragraph 27, if an individual owner or lessee within the Subject Property (other than Developer) 29 commits a violation, only that individual owner's or lessee's water service may be disconnected, 30 and the City's enforcement actions will be directed toward that violator, and not toward those who 31 are not violating this Agreement. Reciprocally, in the event the City breaches all, or any portion 32 of its respective obligations under this Agreement, Developer, or its successors and assigns shall 33 have all remedies available to them, at law or in equity. Without limiting the foregoing right and 34 remedies, the City agrees that Developer, or its successors and assigns, may also enforce their 35 rights by injunction, that the City agrees that the damages from such breach are irreparable, and 36 that there is no adequate remedy at law for such breach(es). 37 38 TERMINATION 39 40 25. Termination by Agreement. Except as provided to the contrary herein, this 41 Agreement shall only be terminated in writing by mutual agreement and the term of this 42 Agreement shall continue until such termination. 43 4 26. Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and - 12 111111111111 HIM 11111! 111111 1111111 1 111 111111 Ill IN 420481 08/11/1998 09:50A WATER AG DAVIS SILVI e:ner, Sen ice Agrwncnt(nnr derelopnw.w10(1961menrercr. M11971 12 of 27 R 136.00 0 9.00 N 0.00 PITKIN COUNTY CO 1 the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with the Code 4 or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations 5 are unsuccessful, this Agreement shall terminate. The City agrees that its contractual obligations 6 hereunder shall not be impaired, modified or altered by any amendment to the Code unless such 7 amendment (or impairment) is mandated by State or Federal law. 8 9 GENERAL PROVISIONS to 11 27. Annexation. Upon the request of the City, and at its sole discretion, Developer, 12 and/or its successors in interest, shall petition the City for annexation of the Subject Property, 13 provided such annexation is for the entire Subject Property, to the City of Aspen at such time(s) 14 as determined by the City (hereinafter "Property to be Annexed "). Contiguity may be established 15 by the annexation of one or more parcels within the Property to be Annexed, in a series 16 contemplated in CRS, 31- 12- 104(1)(a). Such annexation shall not divest or diminish any land use 17 approvals, grants of exemption, variances, designs, or any other development rights awarded by 18 Pitkin County for the Project or the Subject Property, to the extent such approvals and rights are 19 legally vested on behalf of Developer and /or its successors in interest prior to annexation to the 20 City. Failure of Developer and/or its successors in int,erest to commence annexation proceedings 21 as herein required shall constitute a material breach of this Agreement authorizing the City to 22 commence such annexation on their behalf, in which event the City shall charge, and Developer 23 and /or its successors in interest shall pay, all costs and fees associated with such annexation. Neither any provision of this Agreement or annexation shall require owners of the Property to be Annexed to comply with: A) Any building, engineering or design standard or Code, or 26 interpretation thereof, which differs from the standards of Codes under which the Project was 27 approved by Pitkin County; and B) the provisions of Ordinance 30, Series of 1995, or any similar 28 ordinance. The requirement to annex set forth herein shall not impair, alter or modify 29 Developer's intent and rights to form and operate one or more Colorado Special Districts for the 30 Subject Property; the City consents to the existence of such Special Districts. In the event 31 annexation would result in any approval, design criteria or zoning classification which would 32 render the project of a non - conforming nature in the City, the City shall adopt appropriate zoning, 33 design criteria or other regulations, for the Property to be Annexed which results in the Project 34 conforming. In the event of any inconsistency between the P.U.D. approvals granted by Pitkin 35 County for the Property to be Annexed and the legislative requirements or policies of the City, 36 the P.U.D. approvals shall control. 37 38 28. No Regulated Public Utility Status. The parties agree that by this Agreement the City 39 does not become a regulated public utility compelled to serve other parties similarly situated. 40 Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition 41 the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the 42 City. 43 -13 111111111111111111111111 IINI 11131111111111111111 I 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 13 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO Water Servke Agrermenr (nnv development) 061961moore rev, Or17971 1 29. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be 2 deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 5 30. Notices. All notices required to be given shall be deemed given upon deposit in the 6 United States mail, first class postage prepaid, properly addressed to the person or entity to whom 7 directed at his or its address shown herein, or at such other address as shall be given by notice 8 pursuant to this paragraph. Copies of such notices shall also be sent in the same manner to the 9 City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611, for the City and 10 Patrick & Stowell, P.C., 205 S. Mill St., Suite 300, Aspen, CO 81611 for Developer. 11 12 31. Force Majeure. No party shall be held liable for a failure to perform hereunder due 13 to wars, strikes, acts of God, natural disasters, or other similar occurrences outside of the 14 reasonable control of that party. 15 16 32. SeverabiliLy. If any provision of this Agreement shall be or become invalid or 17 unenforceable, the remainder of the provisions shall not be affected thereby, and each and every is provision shall be enforceable to the fullest extent permitted by law. 19 20 33. Amendment. Neither this Agreement, nor the obligations of either party hereto, nor 21 the right to receive water service hereunder, may be amended without the written consent of the 22 parties hereto, provided, however that subsequent owners of the Subject Property and residential 23 units and the commercial unit on the Subject Property are-subject to this Agreement and shall be �) a entitled to receive water service pursuant to this Agreement without amendment of this Agreement and shall be considered beneficiaries.. r J 27 34. Binding Aamement - Recording. This Agreement is binding upon the parties hereto, 28 their successors and assigns, and any sale of the Project, the Subject Property, or any portion of 29 either shall be subject to this Agreement as provided herein. This Agreement and the Addenda 30 and Exhibits hereto shall be recorded with the Pitkin County Clerk and Recorder, and shall 31 impose covenants running with the land upon all of the Subject Property. 32 33 -35. Governine Law: Venue: Attorneys' Fees. This Agreement and the rights and 34 obligations of the parties hereunder shall be governed by and construed in accordance with the 35 laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin 36 County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict 37 regarding the terms of this Agreement or the rights and obligations of the parties hereto, the 38 prevailing parry shall be entitled to recover costs incurred in pursuing such remedies, including 39 expert witness fees and reasonable attorneys' fees. 40 41 36. Authorization of Signatures. The parties acknowledge and represent to each other 42 that all procedures necessary to validly contract and execute this Agreement have been performed 43 and that the persons signing for each party have been duly authorized to do so. 44 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 14 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO I'F:'rr ,`<�r'icr .1;reenrrnr (anr Arrc!rp:nrnJ) Oh:96(mrore rev, 0111971 1 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2,'; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 a'A 37. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: By City Clerk APPROVED AS TO FORM: Aspefi City Attorney STATE OF COLORADO ) ss. COUNTY OF PITKIN ) THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City By Ce%v Mayor JAMES E. MOORE FAMILY PARTNERSHIP LLLP SUBSCRIBED AND SWORN to before me this day of , 199�by 00 re audaofized -agent of the es E. Moore Family Partnership LLLP ew�r� r- WITNESS my hand and official seal. [SEAL] r ; . My commission expires: MOREWSA.65 oJANICF L. JOHNSON �+ NOTARY PUBLIC STATE OF COLORADO My Commission Expires 4/1 Public (111(111(111111((11111(1 till(III1111111 Ili IIIIII III IN 420481 08/11/1998 09:50A WATER AG DAVIS SILVI Wawr Srn�ice ASrremenr(nne derelopen!) aV96(mrore rn•. 471197 18 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO i Mar -03 -97 12:37P P.02 Ezhihit A A parcel of land situated in the IVIZEh of Section 11 and the jTmhsEk, S-- },NEh, v%sz% of section 14, Township 10 South, Range as West of the 6th P.M., said parcel being more particularly described as follows: Beginning at a point on the north -south centerline of said Section 14, whence the 21y.'cornar of said Section 14 bears N 00015Y39" W, 140.19 feat, with all bearings bning relative to a bearing of S 8905548" E between said Nei corner and the NFL corner of said Section 14; thence along said north -9outh centerline; thence S 00.15139" E 62.31 feet to a point on the north line of a parcel of land described in Book 731 at Page 623 of the Pitkin County records; thence along the boundary of said parcel the following six (6) courses: (1) S 73 °59'09" E, 210.00 feat; (2) thence S 33.15139" E, 115.00 feet; (3) thence S 19 605139" E, 140.00 .faet; (4) thence S 35155139" E, 120.00 feet; (5) thenca S 19 030139" E, 150.93 feet; (6) thence It 73 059109" W, 447.05 feet to a point on said north -south centerline of Section 14, thence along said north -mouth centerline S 00315139" E, 2040.97 feet to the southwest-corner of the 9WhNE3, of said Section 14; thence S 0061V39" E, 1336.71 feet to the southwest corner' of the Iih SE;; thance along the south line of said NhSEh of Section 14, s 89 °07 53" E, 2521.79 feat to the east line of said Section 14; thence along said oast line of Section 14, It 00015153" E; 1361.77 feet to the Eh corner of said Section 14; thance continuing along said mast line of Section 14, It 00003143" E, 1328.69 feet to the northeast corner of the SE,HEh Of Said Section 14; thance along the north line of said SE1;ITEh Section 14, S 89054118" W, 1320.59 feat to the northwest corner of said SEihHEh Section 14; thence along the east line of the.NWhNE'h of Section 14, N 00 *06108" St, 1332.50 feat to the northeast corner of said IMhIW. of Saation 14, said point being also the southeast eornar of the W-VE31 said Section 11; thence along the east line of said WhSEh of Section 11 It 00 004101" E, 1471.13 feat. to a point on the southerly right -of -way lino of Haroon Creek Road; thance along said southerly right -of -tray of Harcon Creek Road; thence along said right --of -way S a7 °58'34" W, 53.97 feet to the northeast corner of a parcel of land described in Book 256 at Page 889 of the Pitkin County Records, thence, along tha boundary of said parcel the following eleven (11) courses: (1) S 01028,00" E, 14.00 feet; (2) thence 67.41 feet along the are of a curva to the right, having a radius of 45.00 feet, a central angle of. 85 "49135 ", and subtending a chord bearing S 41 026152" W, 61.28 feet; (3) thance 5 a4°2Z'Oo" W, 118.50 feet; (4) thence 136.08 feat along the arc or a curve to the left, having at radius of 1SO.00 feat, a central angle of 4301815619, and subtending a chord bearing S 6204213211, 132.86 feet; (5) thence S 41 004.00" W, 88.00 tout; (6) thence 247.77 feet along the are of a curve to the left, having a radius of 630.00 feet, a central angle of 22 032101 ", and subtending a chord bearing S 29047159" W, 246.18 fact; 1 111111 VIII IINII MINI hill IN 111111 lllflllilill1111 420481 08/11/1998 09:50A WATER AO DAVIS SILVI 16 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO ia e- -Q3-,7 iZ_37P 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 17 of 27 R 138.00 D 0.00 N 0,00 PITKIN COUNTY CO (7) thence, 254.18 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 2S *33'00", and aubtonding a chord bearing s 31418129" W, 252.08 feet; (8) thence, 5 44 *05100" W, 65.02 feet; (9) thence, •s 00404,00" E, 856.35 feet; (10) thence, S 31002140" W, 261,9Z feet; (11) thence, :N 73 °42'51" H, 100.00 'feat to the, southeast corner of a parcel of land described in Hook 256 at Page 887 of the Pitkin County Records, thence along the south line of said parcel of land; thence 11 73 062151" W, 425.98 feet to the point of baginning, said parcel contains 215.07 acres more or less. Subject to access easements as described in Book 272 at Page 73.9, Book 256 at Page 889, Book 331 at Page 622, and Book 331 at Page 623. Excapting therefrom the following parcel: 1l parcel of land situated in "the WhSE, of Section 11 and the JW,NEi, SkNE4,1 Nn5&, of Section 14, Township 10 South, Ranige 85 weat of the 6th P.kt., said parcel being more particularly described as follows: Beginning at a point whence the N: corner of said Section 14 bears N 84 023'30" W 643.70 feet, with all bearings being relative to a bearing of S 89 *55'48" E between said 11h corner and the NE, corner or said Section 14; thence N 00.04100" Yt 782,25 feet; thencm S 53 °38125" E 19.35 feet; thence N 36 °21'35" E 14.47 feetl thence. 18.36 fast along the arc of a curve to the right, having a radius of 13.00 feet, a` central angle of 80 056118" and aubtonding a chard bearing N 76 *49144" E 16.88 fact; thence 224.06 feet along the are of a curve to the left, having a radius of iz1.00 feet, a central. angle 106 *05'53 ", and subtanding a chord bearing N 64414157" E 193.39 feet; thonCe N 11*12'00" E 137.50 Peat; thence S 72409x17" E 382,43 feet; thence S 00 *04'01" W 826.11 feet; thence S OOao6x0al' E 969.95 feat; thence S 82 *58101" W 129.38 feet; thence 401.36 feet along the arc at a curve to the left, having a radius of 35341 feet, a central angle of 6465914611, and subtanding a, chord bearing 5 74 *42145" It 380.18 feet; thence 155.78 feet along . the arc of a curve to the left, having a radium of 130.00 feet,•a central angle of 68°39135 ", and subtending a chord bearing S 07052105" W 146.63 teat; thence 16.70 feat along the arc of a. curve to the right, having a radius of 15.00 feet, a central angle of 63 *47'41" and subtanding a chord bearing S-05 *27'07" W 15.85 feat; thence 9 37420156" W 6.59 feet; thence $'46 *06'33" W 59.32 feat; thence S 51 *39102" E 38.84 feet; thence A4.40 Loet along the arc of a eu -ve to tha right, having a radius- of 95.00 feet, a central angle of 38 *501310, and subtanding a chord bearing S 33113116" E 63.18 feet; thence 149.99 feet along the arc of a curve to the right, having a radius of 185.BG feet, a central angle of 46014118,0 and subtending a chord bearing S 09418'36" W 145.96 feet; thence S 32 *25147" W 57.37 feet; thence 8s.i5 teat along the are of a curve to the right, having a radius of 230.00 feet, a central angle of 21427140" and subtanding a chord. bearing S 43°09137" Yi 85.65 feet; thence S 53 *51127" W 161.01 feet; thonco P. 03 ' ,IV" -03 -97 12 :38P P.04 67.55 fleet along the arc of 1 curve to the left, having a radius of 260,00 feat, a central angle of 14.53109 ", and subt©nding a chord bearing S 44 054127" w 67.36 feet; thence 3 37 027152" W 242.58 foat; thence S 15 °20140" IT 797.73 £cat; thence IT 00024x03 W 547.25 feet; thence it 17@58/34" E 611.17 feet; thence IT 01°06'12" 9 225.37 feet; tlienca 148.13 fect'along the arc or- a curve to the right, having a radius of 215.00 feet, a central angle of 39 028128 ", and subtending a chord bearing 11 2050126" E 145.21 feat; thence IT 39.58'22" E 67.02 feet; thence 178.72 fast along the arc of a non-tangential u crve to the right, havingg a raadiuo of 110.00 feet, a central angle of 93005'29" and nubtanding a chord bearing IT 1161V4211 H 159.70 foiLt; thence It 35 017.02'• E 172.89 feet; thanca 97.87 feet along the arc of a curve to the left, having a radius of 170.00 Seat, a central angla at 32.59'o5", and evrtanding a chord bearing of It 18 047'30^ E 96.52 feet; thence 8 8z•06'55" E 81.50 'feet; thence IT 1502V4011 E 288.62 feet; thence H 42937.21" E 196.37 feet; thence IT 22.05'16" H 350.71 feet to the paint of beginning,•eaid parcel contains 35.10 acres more or lcae. 1 I"III "III I�II'I IIIII� "III "I II'I"I III "V'I'II I"I 420481 08/11/1998 09 :50A WATER AG DAVIs SILVI 18 of 27 R 138,00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT `B" Description of Project: Name: Moore Proiect �{ Residential Type(s) of unit: (1) Free - Market Single Pam ii; (2) Residential Single Family (3) (n) liumber of units: (1) 40 (2) 31 square feeL• /unit: (1) 6,000 S.P. (2) 1,400 -2,000 S.F. (3) (4) Non- Residential Type of use: Aspen Valley Ski Club ]lumber of units: 1 Indoor square feet: 5,000 - 111111111111111ii1 lill1111111 #il llillll .1111111111111111 _ 420481 08/11/1998 09:808 WATER RG DRVIS SILVI 19 of 27 R 136.00 0 0.00 N 0.00 PITKIN COUNTY CO [):,\1)1 UJL'L;Lu \UJz!U�a\jjj�uuu I r1 I eD 1,1 1,- jl: U/ jyj/ sGH. 111c. 6;.Ib F- L ji EXHIBIT C (a) ri < 42048108 /11/199 09:50A WATER AG DAVIS SILVI 20 of 27 R 136.00 D 0-00 N 0.00 PITKIN COUNTY CO ul ti rn exhibit C.(b) 4 I 05 El M ct (D a ct o 0 0 '1 0 0. 'h (D M (D 0 0 v n CA (D ct (D (D 0) 1 1 tj cn cr (D 0 Li 4 I 1 11111111111 HIM 111111111111111111111111111111111 IN 420481 08/11/1998 09:508 WATER AG DAVIS SILVI 21 of 27 R 136.00 0 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT D OPERATIONAL IMPACT STATEMENT MOORE PROJECT A. WATER PLOW RATES 1. Average Estimated Annual requirement: 126.5 acre feet (0.18 cfs) B. IMPACT ON WATER QUALITY 1. None known. C. INCREMENTAL CAPITAL COSTS 1. Infrastructure costs: $1,058,000 D. INCREMENTAL EXPENSE COSTS I. Chemicals: $1.88 /ECU or 2. Power: $3.92 /ECU or A. Total: $5.80 /ECU or E. OPERATION /MAINTENANCE - INFRAS' 1. Based on one -lialf man dayAveck 2. Annual requirement: MOOREWSAMD $ 606 annually $1,264 annually $1,871 annually I'RUCfURE 26 man days annually I IIIIII IIIII IIIIII IIIIII IIIII III IIIIIII III 111111111 IN 420481 08/11/1998 09r60A WATER AG DAVIS SILVI 22 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT E (a) TABLE 1 MOORE P.U.D. WATER REQUIREMENTS (1) (2) (3) (4) UNIT TYPE # UNITS or Users ECU / UNIT or ECU / user TOTAL ECU's Single Family Residential 5 Bdrm, 5 bath single family 40 4.19 167.60 4 Bdrm, 3 bath single family 4 3.45 13.80 3 Bdrm, 2 bath single family 27 3.23 87.21 1 Bdrm; 1 bath caretaker unit 71 0.71 50.41 Ski Club Facility (125 users)' First 25 users 25 0.048 1.20 Balance of users 100 0.024 2.40 TOTAL PROPOSED 322.62 ' The Ski Club Facility will be approximately 5,000 square feet. For ECU calculation purposes it is assumed to be a NON PROFIT RECREATIONAL FACILITY (Aspen Code Sec. 25.08.090). It is assumed that up to 125 persons may use the facility at any given time. ESTIMATED ANNUAL DEMAND: 126.5 Acre Feet 0.18 CFS (average annual) (Based on 350 gallons per day. per ECU and assuming all ECUs are operable year around. Actual demand may be less as irrigation ECUs are not used in the winter. Column Explanations 1) Description of unit types proposed 2) Number of units that may be constructed, or in the case of the Ski Club Facility, the number of users. 3) The unit ECU count outlined in Table 2 for residential units or as outlined above for the ski club facility. 4) Col (2) X Col (3) 1111111 II111 HIM 11111111111111 HIM III 1111111111111 420481 08/11/1998 09:50A WATER AG DAVIS SILVI 23 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO OW,,o-99 R=mc EnBinecring, Inc Rk 46ZVequ .K(misM 11/30M. iR2195. I /14Ma '^ ±J Z max d was rW� =a m �3= am i _05 Cq Sao sum j�0N i-�Rr o r� N 0 Wun -97 NOTES: A S E E C U C O U N T E X T A S EXHIBIT E (a) TABLE 2 MOORE P.U.D. RESIDENTIAL ECU CALCULATIONS CODE CATEGORY FREE MARKET UNITS (Long term residential) 5 Bdrm 5 Bath single family 4 Bdrm 3 Bath single family 3 Bdrm 2 Bath single family 1 bed 1 bath caretaker unit Bath 1 0.36 0.36 0.36 0.36 Bath 2 0.24 0.24 0.24 Bath 3 0.12 0.12 Bath 4 0.12 Bath 5 0.12 Bath 6 Kitchen 0.25 0.25 0.25 0.25 Bed 1 0.1 0.1 0.1 0.1 Bed 2 0.1 0.1 0.1 Bed 3 0.1 0.1 0.1 Bed 4 0.1 0.1 Bed 5 0.1 3,000 sq ft irr. 0.3 0.3 0.3 2 hosebibs 0.1 0.1 0.1 2000 sq ft it 0.3 0.3 0.3 Bidets 0.3 0.2 0.2 Jacuzzi 0.6 0.3 0.3 Wet Sauna 0.08 0.08 0.08 Dishwasher 0.1 0.1 1 0.1 Clothes washer 0.1 0.1 0.1 Swimming Pool 0.6 0.6 0.6 Total 4.19 3.46 3.23 0.71 1) Based on Section 25.08.090 Equivalent Capacity Units, Aspen C 2) As -built ECU counts may vary significantly from these estimates. Actual ECU counts will be estimated at the time building permits are obtained and revised again after completion of construction. 3) The purpose of "EXTRAS' is to anticipate as -built ECU counts si to actual ECU counts reported by the Aspen Water Department fo similar types of development. Resource F,nginecring, Inc File 462 \requcst.wb2 (re-, iscd 11/30/94, 3/22/95, I/1•. EX11113I'I' 1;(b) PIRCPLOW PROVISIONS MOORL PROJECT Fire protection will be by ground storage. The current design shows a consolidated 500,000 gallon tank for the Moore project and the Aspcn highlands project. This consolidated tank will be located as per the Aspen Ilighlands Detailed Submission. This proposed tank will serve [lie upper pressure zones of the Moore and elspcn highlands projects. 'I'hc dividing lincTor the upper pressure zone is approximate elevation 3200. Through the Moore project, this is basically the existing 30" raw water pipeline corridor. The existing water lank located on the Iighlands property will serve the Moore lower pressure zone. The existing 12" waterline from (lie tank to the Aspen Water Treatment Plant will be tapped in three locations, and will continue to provide a 12" main through the Moore project. A pump station will be required in [lie vicinity of the Meadow Court and Moore Drive intersection. This pump station will serve to deliver water to the proposed upper pressure zone storage tank located on the Highlands property. This pump station will be a combined domestic and raw water station. Domestically, it will serve to provide treated water to the Highlands upper pressure zone tank, while serving raw water to the Highlands project. MOORCNSAME 111111111111111111111111111111111111111111111111111 IN 420481 08/11/1998 09:608 WATER AG DAY'S SILYI 25 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO EXIIII31T E(c) MOORE PROJECT General location of easements to be conveyed to Aspen. Water main easements will be 20' in width, or larger if other utilities arc to be located in the easements as well. Proposed tank easements: Approximately 75'x 75' centered on tank Proposed pump station easements: Approximately 50'x 50' centered on station Other proposed easements: 20' centered on water line when outside road easements . or rights -of -way N100RCwsn.reC 20' easements centered on raw water line to the extent it is located on the subject property, based on final design drawings of raw water system I IIIIII 1111111111111111111111111 1111111 1II 1111111 II 1111 420481 08111/1998 09 :50A WATER AG DAVIS SILVI 26 of 27 R 136.00 D 0.00 N 0.00 PITKIN COUNTY CO CITY OF ASPEN EASEMENT AGREEMENT This Easement Agreement is entered into this 1 � day of u a y s� 199,, by and between THE CITY OF ASPEN ( "City "), a Colorado municipal corporation and home rule city, and James E. Moore Family Partnership, LLLP, a 6olorado limited liability limited partnership ( "Grantor "). RECITALS: WHEREAS, Grantor is the owner of certain real property located in Pitkin County, Colorado, described in the attached Exhibit "A" (the "Moore Property"); WHEREAS, Grantor is desirous of granting easements over and across the Moore Property as set out on the Moore Family PUD Final Plat, recorded on v6 -osT to , 199 B (the "Final Plat "), in Plat Book 4 at Page _g L1, and on the Moore Family Parcel "A" Subdivision, Essential Community Facilities Exemption Plat (the "Facilities Exemption Plat ") recorded on A uc-usi to , 190, in Plat Book � at Page / upon the terms and conditions contained herein, to substitute the easements vacated by the Mutual Vacation of Easement between the parties hereto and of even date herewith. THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor does hereby grant and convey to the City perpetual non - exclusive easements and right of way (the "Basements ") for the purposes set out therein. The Easement is described on the Final Plat and Facilities Exemption Plat as "Water Easement and "City Trail Easement" for the uses and purposes set out therein. This grant of easement shall run with the land for the benefit of the City, and shall be binding upon and inure to the benefit of the City, and its successors and assigns. 2. Use of Easement Premises By City. The City's agents, employees, contractors and other designated persons may go upon the Easement at all reasonable times to undertake routine use, operation and maintenance of the City's water distribution system, trails and associated facilities. In the event the City plans major repairs or replacement of infrastructure within the Easement premises, it shall provide Grantor with reasonable advance notice of the work to be undertaken, and the estimated time of completion. Notwithstanding the foregoing, the City may go upon the Easement premises at any time in the event of any emergency situation or condition, and to undertake such repair or replacement activities as it deems necessary to property resolve the emergency situation. 1111111111111111111111111111111111111111111111111111111 420478 08/11/1998 09:48A EASEMENT DAVIS SILVI 1 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO After the exercise of any of its rights hereunder, the City shall grade, re -seed or re -sod if necessary to restore the surface of the ground to its former condition and contour, provided however, that the City shall not be required to restore or replace any trees, bushes, brush, gardens or other vegetation on the Easement premises, nor any structures or paving thereon. 3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy the Subject Property including the Easement premises so long as such use and enjoyment do not interfere with the City's rights hereunder, and provided that Grantor shall not install or allow any obstructions or permanent encroachments on the Easement premises, including but not limited to fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or pavement, and shall not obstruct or permit obstruction of access to the Easement premises. In the event any such obstructions or encroachments are erected, installed, or permitted to remain upon the Easement premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or encroachments may be removed by the City at Grantor's cost, and that the City shall have no responsibility or liability for any damage or destruction thereto. In the event Grantor discovers an emergency condition pertaining to the City's water distribution system located on, over, in or through the Easement premises, Grantor shall make reasonable attempts to promptly notify the City of such condition. 4. Liability to Others. Each party shall be responsible for any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that are incurred by any person or entity arising out of or in connection with such party's use or occupation of the Easement premises, or the use or occupation the Easement premises by its agents, employees, contractors, invitees or licensees, provided, however, that nothing herein shall be construed to abrogate or diminish any protections and limitations afforded to the City by the Colorado Governmental Immunity Act, C.R.S. § 24-10 -101 et seq. as amended, or other law. In the event the City and Grantor, or their respective officers, directors, members, employees, agents, contractors, representatives, heirs or assigns may be held jointly and severally liable under any statute, decision, or other law providing for such joint and several liability for their respective activities on the Easement premises, the obligations of each to respond in damages shall be apportioned, as between the City and Grantor, in proportion to the contributions of each as measured by the acts and omissions of each which in fact caused such legal injury, damage or harm and the City and Grantor shall indemnify each other to the extent necessary to assure such apportionment. 5. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at its address shown herein, or at such other address as shall be given by noty:;e pursuant to this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Notwithstanding the foregoing, Grantor may notify the City of emergency conditions as provided in Paragraph 3 above by direct delivery of notice to the City Water Department at 1 111111 11111 111111 111111 1111111 IIIIII1I III 11111 Iiil IN 420478 08/11/1998 09 :48A EASEMENT DAVIS SILVI 2 of 8 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 500 Doolittle Drive, Aspen, Colorado, or by telephone or telefacsimile communication with the City Water or Parks Department. 6. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose an easement and covenants running with the land upon the Subject Property. Deeds to subsequent owners of the Subject Property shall provide notice of this Agreement and the obligations contained herein. 7. Goveming Law: Venue: Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing parry shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 8. Authorization tip on of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 9. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership Thomas A. Moore, General Partner I IIIIII IIIII IIIIII IIIIII IIII III IIIIIIII 111111111111 IN 420478 08/11/1998 09:48A EASEMENT DAVIS SILVI 3 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 THE CITY OF ASPEN, COLORADO, home rule municipality By; John 13fennen, Mayor ATTEST: THE CITY _OF ASPEN By: J lerynZKoc city Clerk STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me this /1 day of 199 by Thomas A. Moore, as General Partner of the James E. Moore Family P rship, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal/ 7 My commission expires: x/165 906'D rr 1A`\J(E i_..JOHNSON ;vt3'iARY�PUBLIC k STATE OF COLORADO »� My Commission Expires 4/15%20x0 STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me this 51"I day of u4 -, 199 , by John Bennett, as Mayor of THE CITY OF ASPEN, COLORADO, a home rule municipality. Witness my hand and official seal. My commission expires: My commission w#es 12/26/2000 w -f Notary Public EAA -07/21 /98 -g: \VA 00RE. EAS I IIIIII IIIII HIM IIIIII IN III IIIIIIII III IIIII III IN 420478 08/11/1998 09 :48A EASEMENT DAVIS SILVI 4 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO Will THE MOORE PROPERTY Lot 1 and Lot 2, Parcel A, Moore Family Parcel "A" Subdivision, Essential Community Facilities Exemption Plat, recorded on 4vvfasr /0 , 199 3 , in Plat Book `f yr at Page 28 , and all the property described on the Moore Family PUD Final Plat, recorded on k4c u s t to , 1990 , in Plat Book q 5- at Page in the office of the Clerk and Recorder of Pitkin County, Colorado. 111111111111 Dull 111111 tilt 111 llllilII III 1111111111111 420478 08/11/1998 W48R EASEMENT CAVIS SILVI 5 of 5 R 26.00 0.0.00 N 0.00 PITKIN COUNTY CO TO: Pitkin County Board of County Commis c/o Suzanne Konchan, County Manager THRU: Amy Margerum, City Manager FROM: Julie Ann Woods, Community De a opment Director' DATE: May 4, 1999 SUBJECT: Moore PUD Annexation Impact Report Attached please find the Moore PUD Annexation Impact Report for your review and consideration. This copy is provided to you to meet the statutory requirements which mandate this report for properties of twenty (20) acres or more considering annexation. The City Council opened the hearing on this annexation at their meeting on April 12, 1999. The Public Hearing on the Moore Annexation is scheduled for the May 24, 1999 City Council meeting. This will be a serial annexation with four parts coming into the city limits at the same hearing. If you or any of the County Commissioners have questions regarding this Impact Report, please feel free to contact Julie Ann Woods at 920 -5100 or Joyce Ohlson at 920 -5062: cc: Mayor and City Council John Worcester, City Attorney Cindy Houben, Pitkin County Community Development Director g: /planning/azpeNannex/moorecov.doc City of Aspen Annexation Impact Report Moore Annexation Prepared by: Aspen/Pitkin Community Development Department April 29,1999 Submitted to the Pitkin County, Board of County Commissioners on May 4, 1999 Table of Contents Overview 1. Municipal Services to be provided for the Annexation Area 2. Financing of Municipal Services for the Annexation Area 3. Existing and Proposed Zoning Districts within the Annexation Area 4. Effect of Annexation upon the Local Public School District System 5. Map Appendices A. City of Aspen Present Boundary B. City of Aspen Proposed Boundary C. Present Zone Districts D. Proposed Zone Districts E. City of Aspen Water Service Area (from AACP) F. Aspen Consolidated Sanitation District (from AACP) 6. Exhibits A. Financial Impact Analysis (Memorandum from Tabatha Miller; City of Aspen Finance Director) Overview Moore Property The City of Aspen is considering the annexation of approximately 215 acres known as the Moore Property in Pitkin County. The property is located between the Aspen Highlands Ski Area (AHSA) and the High School Complex: It is near the proposed Islin Park area. The primary access to the property is Maroon Creek Road. The property has gained land use approvals for development under the jurisdiction of Pitkin County. New roads, utilities, open space and recreational features are a part of the approved Moore Family PUD. The developer of the PUD is responsible for the installation of the infrastructure as part of the County approval process. The approved PUD for the site includes: 40 single family free - market residential lots • 31 affordable single family residential units • Ski Club facilities, and • Ski lift from the high school area to the top of Powder Bowl • Open Space, trails and other recreational amenities Currently the property is vacant. In order to meet contiguity requirements, the parcel will be annexed in four separate pieces. 2 1. Municipal Services to be provided to the Annexation Area The City of Aspen will provide to the annexation area all municipal services normally performed by the City or provided to other parts of the City. These services include police /law enforcement services, water utilities, road maintenance, trail maintenance, municipal administrative services such as planning and zoning, and parks /recreation facility access. Specifically, the Annexation Area is scheduled to be served by City of Aspen municipal water, Aspen Consolidated Sanitation District sanitary sewer, Holy Cross Electric Association, Rocky Mountain Natural Gas, U.S. West Communications (telephone) and TCI Cable (television). The Annexation Area is located within the Aspen Fire Protection District, and fire suppression is by the Aspen Volunteer Fire Department. The RE 1 Aspen School District will serve the school aged children within the annexed area. The portion of the road that is public includes High School Road and a portion of Moore Drive from Maroon Creek Road to the intersection with High School Road. Costs associated with road and trail maintenance are detailed in the Financial Analysis Section. A Water Service Agreement was executed for the Moore PUD pursuant to City Council Ordinance No. 20, Series of 1997 (copies of which are available through the Community Development Department). Specific conditions were requested. The applicant is in compliance with the conditions of approval to date, although they have a phased water system development plan and only the first phase is complete. The second phase will be constructed during the summer of 1999. On completion the applicant will need to provide a warranty bond for the system. 3 2. Financing of Municipal Services for the Annexation Area Municipal Services will be financed primarily through existing sources of revenue generation, including property taxes, real estate transfer tax and user fees. Improvements to upgrade any infrastructure within the proposed annexation area to City of Aspen standards is not planned for in the City's current Asset Management Plan (capital improvements program). Costs for such upgrades may need to be borne by the inhabitants of the annexed lands. In addition to the above revenue sources, the James E. Moore Limited Partnership has agreed to participate in the funding in an amount not less than $350,000, in the planning and implementation of transportation solutions related to the Entrance to Aspen EIS. This is consistent with Condition #6 of City of Aspen Council Resolution No. 60, Series of 1995, related to compliance with Water Policies. Attached is an analysis prepared by the City of Aspen Finance Office of the costs of the provision of municipal services to the Annexation Area and the sources and amounts of revenue anticipated from the Annexation Area. (Exhibit A) 4 3. Existing and Proposed Zoning Districts within the Annexation Area The existing zoning within the Annexation Area is a combination of AFRI, AFR2, and AFR10 (see Pitkin County Resolution 97 -13) with a PUD overlay. Within 90 days of Annexation, the City must establish the zone districts for the land. The City anticipates adopting the PUD overlay established by the County with the following underlying zone districts. Variations to the zoning may occur through the process of formally assigning zoning to the subject annexation lands. Blocks Block A: R -15 Block B: PUB Block C: R -15 Block D: R -15 Block E: R -30 Block F: R -15 Block G: R -30 Open Space Areas Open Space Area 1: Conservation Open Space Area 2: Conservation Open Space Area 3: Conservation Open Space Area 4: Conservation Open Space Area 5: Conservation Open Space Area 6: Conservation Open Space Area 7: Conservation Open Space Area 8: Conservation Open Space Area 9: Conservation Open Space Area 10: Conservation Open Space Area 11: Conservation Open Space Area 12: Conservation Other Parcels Lot 1, Parcel A: Park Lot 2, Parcel A: Park Maps of the existing (county) and anticipated (city) zoning of the subject lands is attached. E 4. Effect of Annexation upon the Local Public School District System Children of school age residing within the Annexation Area would attend schools provided by the Aspen School District RE 1 whether that area was under City or County jurisdiction. In 1995, both the City and the County adopted conformed ordinances with respect to school land dedication standards. For these reasons, annexation would have no effect on the number of students generated, or the capital required or available to educate such students. It is anticipated, however, that when development does occur within the annexation area, fees will be captured for the school district through the payment of school fees at the time of building permit issuance. 3 5. Map Appendices A. City of Aspen Present Boundary B. City of Aspen Proposed Boundary C. Present Zone Districts D. Proposed Zone Districts E. City of Aspen Water Service Area (from AACP) F. Aspen Consolidated Sanitation District (from AACP) gAp]=ing \aspen \annex\moom.doc Memo To: Department Heads From: Tabatha Miller, Finance Directo Date: 05/04/99 Re: Moore Annexation The attached sheet outlines the estimated financial implications of annexing the Moore PUD into the City of Aspen. The proposed growth is based on annexing residential property only. Therefore, estimated impacts on revenues and expenditures are calculated on the increased land, residential property, and citizens within City limits. The net financial gain to the City is $48,773 annually at annexation, $265,096 annually at completion of build out and $217,059 for one -time revenues during build out. For details on calculations, please contact the City Finance Department. All amounts are based on estimates at a point in time. Delays or time changes in the annexation process will effect the financial projections. • Page 1 EXHIBIT A REVENUE: General Fund: Property Tax Franchise Tax Specific Ownership County Sales Tax Building Fees Highway Users Tax Road & Bridge Tax Alarm Fees & Permit General Fund Total Wheeler Opera House: WRETT Afford House /Daycare Fund: HRETT .45% City Sales Tax Afford House /DaycareTotal Parks and Open Space: 1.0% City Sales Tax Parking Garage Fund .25% City Sales Tax EXPENDITURES: City of Aspen Moore PUD Annexation Financial Summary Estimated Estimated Estimated Annual Annual At One Time During At Annexation Build Out Build Out - 3,854 - City Attorneys - 3,578 - S 48,363 S 66,827 $ - - 6,296 - 4,518 - 5,689 87,859 Engineering 3,644 Building - 2,589 16,250 30,719 - 3,400 - - - 183,499. - 6,497 - 18,775 - 410 567 Ice Garden - 4,455 - 225 - 7,492 - 48,773 112,998 183,499 - 69,467 72,670 - 126,867 65,000 - 16,074 - - 142,941 65,000 - 35,720 - 8,930 TOTAL REVENUES $ 48,773 $ 370,057 $ 321,168 General Fund: City Council S - S 2,358 S - City Managers - 5,200 - Human Resources - 3,888 - City Clerks - 3,854 - City Attorneys - 3,578 - Risk Management - 805 - Finance - 6,296 - Planning - 5,689 87,859 Engineering - 2,919 - Building - 2,589 16,250 Environmental Health - 3,400 - Police - 21,787 Dispatch - 3,487 - Streets - 18,775 - Recreation - 8,388 - Ice Garden - 4,455 - Information Systems - 7,492 - TOTAL EXPENDITURES $ - S 104,961 $ 104,109 On Demand Dial -A -Ride Transit Service Plan The Moore PUD and Aspen Highlands Village will join together to operate a dial -a -ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door -to- door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan, and describes the vehicles to be used. Some operations details will be finalized when the service has been established. operations Plan The system will be operated in a flexible manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated after all the certificates of occupancy have been issued for the affordable housing units in Phase 3 of the Moore PUD. This will coincide with the initiation of dial -a -ride for Aspen Highlands Village. The fleet of vehicles and service may be expanded as the developments grow. Service will be provided to the two areas illustrated by Figure 1. Vans will operated on a fixed schedule with pick -ups in the center of Aspen every one -half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD the vans will drop off and pick up passengers at their origin or destination. During the off -peak seasons services will be reduced to match demand. During the peak season(s), Route # 1 will serve the Aspen Core: Dial -a -ride vans will provide service on a fixed one -half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street /Hyman Avenue, Cooper Avenue /Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one -half hour headways at the checkpoints. The second destination, Route # 2 is the Aspen - Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. Moore. dial Space Areas 7 and 12 as such are shown on the Moore Family PUD Final Plat (hereafter "Open Space Areas 7 and 12 "), which Open Space Areas are subject to a different zoning district: (a) Accessory building and uses; (b) Bus stop; (c) Home occupations; (d) Single - family dwellings with five (5) or less bedrooms; (e) Solar energy collectors for private use; and, (f) Hay production. 2. Open Space Areas 7 and 12. The following uses are permitted by Pitkin County in Open Space Areas 7 and 12: (a) development and maintenance of ski lifts and towers; (b) hiking and biking; and (c) Alpine, Nordic, and snowboarding trails. ARTICLE II USES PERMITTED BY SPECIAL REVIEW 1. The following uses were permitted by special review approval pursuant to the Development Approvals: (a) Alpine and Nordic Skiing; (b) Ski Club Facility; (c) Alpine Ski Lift to the top of Powder Bowl within the Aspen Highlands Ski Area; and, (d) Substantial improvements to the roads and parking lots on the Aspen Public School campus. 2. The following use may be permitted by Special Review application: caretaker dwelling units. ARTICLE III PROHIBITED USES . Uses which are not specifically permitted in this PUD Guide are prohibited within the Moore Family PUD, including Open Space Areas 7 and 12. ARTICLE IV FLOOR AREA DEFINITION Floor area is defined by the Code in effect on April 2, 1997, which is the date the Moore Family PUD Site Specific Development Plan was approved. The definition of floor area in effect on April 2, 1997 is as follows: "FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: -3- DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT (the "Conservation Easement ") is made and entered into this day of July, 1998, between the JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership ( "Grantor "), and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (collectively, the "Grantee "). R E C I T A L S WHEREAS, Grantor is the record owner of that certain real property in Pitkin County, Colorado, consisting of approximately 89.301 acres, which is more particularly described on Exhibit "A" attached hereto and made a part hereof, and which is referred to herein as the "Moore Open Space Property "; and WHEREAS, the Property contains open space, scenic and ecological features and values important to the Grantor, the residents of Pitkin County, Colorado, and the people of the State of Colorado (the "Conservation Values "); and WHEREAS, preservation of wildlife habitat and open space conforms with Policies 2 -120 (Scenic Quality), and 2 -160 (Wildlife Management) of the Pitkin County Land Use Code; and WHEREAS, preservation of these natural features and values will yield substantial public benefit; and WHEREAS, the Moore Open Space Property, consisting of approximately 89.301 acres, remains in a substantially undisturbed and natural state to be documented by Grantee, with the advice and consent of Grantor, subject to the allowable impacts of the permitted uses, which documentation will be kept on file at the offices of the Grantee; and WHEREAS, Grantor desires and intends to preserve and maintain the ecological health, the wildlife habitat, open space character and scenic qualities and values within and upon the Moore Open Space Property, by encumbering the Moore Open Space Property in its entirety with a Conservation Easement for the use and benefit of Grantee, pursuant to the provisions of Section 38- 30.5 -101, at sea., Colorado Revised Statutes, which provides for maintenance of these values by the continuation of land use patterns, including, without limitation, those relating to the lift towers, and gladed Alpine and Nordic ski trails to be developed by Grantor and the Aspen /Snowmass Nordic Council. The public shall only have access in the winter season to the Nordic ski trails (developed by the Aspen /Snowmass Nordic Council for cross - country ski purposes). The Grantor may, in its sole and absolute discretion, allow a summer trail use on the Property. -1- The Alpine ski trails shall have access limited to those parties residing in the Moore Family PUD, a Planned Community, as described on the Plat recorded on , 1998, in Plat Book at Page _, in the office of the Clerk and Recorder of Pitkin County, Colorado (referred to hereafter as the "Moore Family PUD"), and other parties who are granted access rights by Grantor, its successors and assigns; and WHEREAS, Grantee is a "qualified conservation organization" as defined by the Internal Revenue Code; and WHEREAS, Grantor, as owner of the Moore Open Space Property, owns the affirmative rights to identify, preserve and protect, in perpetuity, its open space character and its significant relatively natural features and values and further intends, as owner of the Moore Open Space Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Moore Open Space Property, in perpetuity; and WHEREAS, by acceptance of this Conservation Easement, Grantee acknowledges its commitment to honor the intentions of Grantor as expressed herein to preserve and protect in perpetuity the Conservation Values of the Moore Open Space Property for the benefit of this and future generations; C O N V E Y A N C E NOW, THEREFORE, for and in consideration of the facts recited above and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, a perpetual conservation easement, in gross, pursuant to Section 38 -30.5 -101, et seq., Colorado Revised Statutes (the "Conservation Easement "), over, across and upon the Moore Open Space Property as legally described on Exhibit "A ",subject to the terms and conditions hereinafter set forth. Grantee hereby acknowledges, accepts without reservation and agrees to be bound by the terms and conditions of this Conservation Easement. 1. Purpose. It is the essential purpose of this Conservation Easement to preserve and protect, in perpetuity, the natural, ecological, wildlife habitat, scenic, open space, and aesthetic features and values of the Moore Open Space Property. In furtherance of the foregoing objective, this Conservation Easement is intended to establish permitted uses of the Moore Open Space Property which are consistent with the purposes of the Conservation Easement, and to restrict the level of development and human activity on the Moore Open Space Property, in perpetuity, to the extent provided for herein, to further comply with Pitkin County policies, including preservation of wildlife -2- habitat and open space conforms with Policies 2 -120 (Scenic Quality), and 2 -160 (Wildlife Management) of the Pitkin County Land Use Code. 2. Grantee's Affirmative Rights. To accomplish the purposes of this Conservation Easement, the following affirmative rights are hereby granted to Grantee: (a) To identify, preserve, and protect, in perpetuity, and in the event of their degradation or destruction by Grantor, its successors and assigns, including the Moore Family PUD Master Association, Inc., hereinafter referred to as Homeowners' Association, individual Lot Owners, and their respective Guests (the term "Guest" is defined as any owner or lessee of a Lot, and any family member, customer, agent, employee, independent contractor, guest, licensee, or invitee), to compel the restoration of the natural ecological wildlife, open space, and scenic features and values of the Moore Open Space Property, except degradation or destruction caused by any other third party. (See limitations on restoration for actions of trespassers set forth in Paragraph 17(c) below.) (b) To enter upon the Moore Open Space Property as necessary to exercise the rights herein granted and to enforce the terms hereof. Grantee shall provide Grantor at least forty - eight (48) hours advance notice prior to each visit to the Moore open Space Property by Grantee. Grantee's activities hereunder shall not unreasonably interfere with the uses being made of the Moore Open Space Property, consistent with this Conservation Easement and the permitted uses hereunder, at the time of such entry. The Grantee shall also have the right of immediate entry to the Moore Open Space Property, if, in its sole judgment, such entry is necessary to prevent damage to or the destruction of the Conservation Values protected by this Conservation Easement. (c) To enjoin any activity on or use of the Moore Open Space Property which is inconsistent with the terms and intent of this Conservation Easement, and to enforce and compel the restoration of such areas or features of the Moore Open Space Property as may be damaged by such activity, subject to limitations set forth in Paragraph 17(c) below. (d) To place one (1) sign, at Grantee's expense, visible to the public, upon the Moore Open Space Property, identifying the role Grantee plays in conserving the Moore Open Space Property. Such sign shall be presented to Grantor for approval of its design, size and location, which approval shall not be unreasonably delayed or withheld. (e) The Grantor acknowledges and agrees that, upon execution and delivery of this Conservation Easement to Grantee, the above rights give rise to an immediately vested property -3- right in Grantee with a fair market value that is at least equal to the proportionate value that the Conservation Easement, at the time of this Conservation Easement's execution and delivery, bears to the value of the Moore Open Space Property as a whole at that time. This proportionate value of Grantee's property rights created herein shall remain constant. 3. Easement Documentation. A collection of baseline data on the Conservation Area and its resources (the "Baseline Documentation ") shall be prepared by the Grantor. The data and explanatory text, photographs and maps.to be assembled in the Baseline Documentation is agreed by the parties hereto to provide an accurate representation of the Conservation Area at the time of this grant, notwithstanding the fact that the Baseline Documentation will be prepared after the effective date of this grant, and the parties acknowledge that the Baseline Documentation will serve as an objective information baseline for monitoring compliance with the terms of this Conservation Easement. In the event Grantor, in its sole and absolute discretion, allows a summer trail use on the Property, a revised Baseline Documentation will be prepared. The parties agree that, in the event a controversy arises with respect to the nature and extent of the biological or physical condition of the Conservation Area, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other information to assist in the resolution of the controversy. 4. Consistent Uses. The following uses and practices, though not an exhaustive recital of consistent uses and practices, are consistent with this Conservation Easement when carried out on the Moore Open Space Property, and these uses and practices shall in no way be precluded by this Conservation Easement, to wit: (a) Development and maintenance of the gladed Alpine and Nordic ski trails by Grantor and the Nordic Council and the installation and maintenance of ski lift towers. The public shall only have access in the winter season to the Nordic ski trails (developed by the Nordic Council for cross - country ski purposes). The Alpine ski trails shall have access limited to those parties residing in the Moore Family PUD and other parties who are granted access rights by Grantor, its successors and assigns. The location of the ski trails will be identified within two (2) years of the date of this Conservation Easement. At that time, an as -built map will be provided and the baseline study will be amended. (b) The cutting and removal of weeds, as well as dead, dying or diseased timber or brush, as may be reasonably necessary for fire protection or disease prevention purposes; however, -4- Grantor is encouraged to leave standing dead timber for habitat . purposes to the extent such dead timber does not pose a danger. (c) Maintenance of roads and trails existing as of the date of this Conservation Easement. The right of Grantor, in its sole and absolute discretion, to allow the development of summer use public trails. If any of the uses contained in Paragraph 2 are undertaken by Grantee (at its discretion, and without liability if it does not undertake any of those Consistent Uses), they shall be at Grantee's sole expense, and will not interfere with Grantor's rights under this Agreement. No permitted use described above may interfere with the Consistent Uses set out under subparagraph 3(a) above. S. Prohibited Uses. The following uses and practices by Grantor shall be prohibited: (a) The material change, disturbance, alteration or impairment of the natural, ecological, wildlife, open space or scenic features or values of the Moore Open Space Property, except as otherwise permitted in this Conservation Easement. (b) The Development of any Structures or roads on the Moore Open Space Property (as such terms are defined in the current version of the Pitkin County Land Use Code), except as permitted in this Conservation Easement, or as requested by Grantor and granted the approval of by Grantee, such approval to be based upon a determination by Grantee that the construction of and proposed location of any structure or road will not diminish or impair the Conservation Values of the Moore Open Space Property, or is otherwise consistent with this Conservation Easement, which approval shall not be unreasonably withheld. (c) The removal, destruction, spraying or cutting of native vegetation or timber, except as permitted in this Conservation Easement. (d) The exploration for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, or other materials (but not including water) on or below the surface of the Moore Open Space Property. (e) The dumping or other disposal of refuse, garbage, or other unsightly or offensive material. Notwithstanding anything in this Conservation Easement to the contrary, this prohibition does not make the Grantee an owner of the Moore Open Space Property, nor does it permit the Grantee to control the use of the Moore Open Space Property by the Grantor, which may result in the storage, dumping or disposal of hazardous or toxic materials; provided, however, that the Grantee may bring an -5- action to protect the Conservation Values of the Moore Open Space Property, as described in this Conservation Easement. This prohibition does not impose liability on the Grantee, nor shall the Grantee be construed as having liability as a "responsible party" under CERCLA, or similar federal or state statutes. (f) The use of any motorized vehicles, except for the occasional use as may be necessary in conjunction with land management consistent with the permitted uses under this Conservation Easement. (g) The transfer of development rights which were, are, or may be appurtenant to the Moore Open Space Property. The parties hereto acknowledge and agree that all development rights appurtenant to the Moore Open Space Property are forever extinguished by virtue of the grant of this Conservation Easement. (h) Subdivision of any portion of the Moore Open Space Property. (i) The expansion of Alpine and Nordic ski areas other than those approved in Paragraph 4 above without the review and approval of Grantee. 6. Grantee Approval of Unlisted but Consistent Uses and Practices; Notice. In the event Grantor wishes to engage in a use or practice on the Moore Open Space Property which is not listed above as one of the "Consistent Uses" or "Prohibited Uses ", Grantor shall send Grantee written notice of intention to commence or undertake such activity, which notice shall describe all material aspects of the proposed activity. Said notice (and any other notice required or permitted hereunder) shall be sent by registered or certified mail, return receipt requested, to the following addresses or to such other addresses as Grantor may, from time to time, be informed of, in writing, by Grantee: Pitkin County Board of County Commissioners and Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611; and, Pitkin County Open Space and Trails Board 530 East Main Street Aspen, Colorado 81611. Grantee shall have thirty (30) days from the receipt of such notice, as indicated by the registered or certified return receipt, to review the proposed activity and to notify Grantor of its objections thereto. Such objections, if any, shall be based upon Grantee's reasonable opinion that the proposed activity is inconsistent with this Conservation Easement. If possible, said -6- notice shall inform Grantor of the manner in which the proposed activity can be modified to be consistent with this Conservation Easement. Grantee's response to Grantor's notice, that may be required or permitted of Grantee sent by registered or certified mail, return to Grantor at the following addresses, or to as Grantee, from time to time, may be inform, Grantor, its successors or assigns. and any other notice hereunder, shall be receipt requested, such other addresses ad of, in writing, by Grantor: Copy to: James E. Moore Family Gideon Kaufman, Esq. Partnership, LLLP Kaufman & Peterson P.O. Box 126 315 E. Hyman, #305 Woody Creek, CO 81656; and, Aspen, CO 81611 Should Grantee fail to post its response to Grantor's notice within thirty (30) days of the receipt of said notice (as indicated above), the proposed activity shall automatically be deemed consistent with the terms of this Conservation Easement, and Grantee shall have no further right to object to the activity identified by such notice. Grantor shall be under no liability or obligation for any failure in the giving of notice as required above with regard to any activity undertaken by Grantor necessitated by virtue of fire, flood, act of God, or other element or cause beyond the control of Grantor. In the event Grantor and Grantee disagree as to whether a particular use or practice is one of the "Consistent Uses" or a "Prohibited Uses ", as defined herein, or if Grantor disagrees with a determination by Grantee that a proposed activity is inconsistent with this Conservation Easement, either Grantor or Grantee may submit the dispute to such form of mediation or arbitration, as may be mutually acceptable to Grantor and Grantee. In the event of arbitration, the parties agree that the decision of the arbitrator(s) shall be final and binding upon the parties, and that the prevailing party shall recover the cost of the conflict resolution procedure; however, each party shall pay its own attorney's fees, if any, regardless of outcome. If either Grantor or Grantee do not wish to submit the dispute to mediation or arbitration, then the dispute may be resolved by litigation in Pitkin County District Court, with the prevailing party being entitled to recover costs and reasonable attorneys' fees arising from such litigation. 7. costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Moore Open Space Property, including the maintenance of -7- adequate comprehensive general liability insurance coverage. Grantor shall add Grantee as an additional insured to such insurance coverage, and shall deliver proof of such coverage to Grantee at closing. 8. Liens. Grantor shall keep the Moore Open Space Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor; provided, however, that a deed of trust containing a subordination to the terms of this Conservation Easement may be placed on the Moore Open Space Property in order to secure its sale. The Subordination Agreement will be submitted to Grantee for its approval, which will not be unreasonably withheld. 9. Taxes and Assessments. Grantor understands that nothing in this Conservation Easement relieves Grantor of the obligation to pay such real estate taxes as may be assessed from time to time on the Moore Open Space Property or on this Conservation Easement. Grantor agrees to pay before delinquency any and all real property taxes. Should Grantor, Grantor's heirs, successors or assigns, fail to pay any such real property taxes, charges, fees or assessments on the Moore Open Space Property, Grantee may, at its sole discretion and without obligation, pay such taxes, fees, charges or assessments in accordance with any bill, statement or estimate procured from the appropriate authority, and such payment shall bear interest until paid by Grantor to Grantee at the rate of two (2) percentage points over the prime rate of interest from time to time charged by Norwest Bank of Denver or the maximum rate allowed by law. 10. Public Access. Public access to the Moore Open Space Property shall only be allowed in the winter season for cross - country skiing along established trails or roads, or in areas delineated by Grantor for winter use, at no charge to the public. With the exception of the entry rights granted to Grantee and the public in this Conservation Easement,.nothing contained in this document shall be construed as affording the public access to the Moore Open Space Property, and Grantor retains the right to control access to the Moore Open Space Property, and shall have the right to enforce any prohibition of public access by all lawful means. 11. Residual Estate. As expressly provided in Section 38- 30.5 -105 of the Colorado Revised Statutes, all interests and rights of ownership not transferred and conveyed to Grantee by this Conservation Easement shall remain in Grantor, including the right to engage in all uses of the Moore Open Space Property which are not inconsistent with the Conservation Easement or prohibited by the Conservation Easement or by law. 12. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other ME legal instrument by which it divests itself of any interest in all or a portion of the Moore Open Space Property, including, without limitation, a leasehold interest. Grantor will provide Grantee with notice of the names, addresses, and telephone numbers of any transferees. 13. Hold Harmless. Grantor shall hold harmless, indemnify and defend Grantee, volunteer citizen board members, employees, agents and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death or any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Moore Open Space Property, regardless of cause, unless due solely or in part to acts of the Indemnified Parties; (2) the presence or release of hazardous or toxic substances on, under or about the Moore Open Space Property, unless such release was caused by an Indemnified Party. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is regulated under any federal, state or local law. 14. Amendment. The fact that any use of the Moore Open Space Property that is expressly prohibited by this Conservation Easement, or any other use as determined to be inconsistent with the purpose of this Conservation Easement may become more economically valuable than consistent uses allowed by this Conservation Easement, or that neighboring properties may in the future be put entirely to uses that are not permitted hereunder, has been considered by the Grantor in granting this Conservation Easement. Grantor and Grantee recognize that circumstances may arise under which an amendment to or modification of this Conservation Easement would be appropriate. Accordingly, Grantor and Grantee may jointly amend this Conservation Easement, provided that no amendment shall be allowed that will affect the qualification of this Conservation Easement under Section 38- 30.5 -101, et sea., Colorado Revised Statutes, nor its qualification as a conservation easement for purposes of the Internal Revenue Code, and any amendment shall be consistent with the conservation purposes of this Conservation Easement, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Pitkin County, Colorado. Although this paragraph recognizes that an amendment to this Conservation Easement may be appropriate in certain circumstances, the terms of this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an amendment requested by the other party. -9- 15. Extinguishment. If a subsequent unexpected change in conditions surrounding the Moore Open Space Property makes impossible or impractical the continued use of all or part of the Moore Open Space Property for conservation purposes, the Conservation Easement can nonetheless be treated as protected in perpetuity if the restrictions are terminated or extinguished by a judicial proceeding in a court of competent jurisdiction, and all of Grantee's proceeds (as determined in Treasury Regulation Section 1.170A- 14(g)(6)(ii)) from a subsequent sale or exchange of all or part of the Moore Open Space Property are used by the Grantee in a manner consistent with the conservation purposes of the Conservation Easement described herein. 16. Enforcement and Waiver. Enforcement of the terms and provisions of this Conservation Easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor shall not be deemed or construed to be a waiver of Grantee's rights hereunder in the event of any subsequent breach. In the event of forbearance on behalf of Grantee to exercise its rights hereunder, Grantor waives any defense of laches, estoppel or prescription. 17. Enforcement of Rights. (a) In the event of a violation by Grantor or a third party of any term, condition, covenant, or restriction contained in this Conservation Easement, Grantee shall give the Grantor or such third party written notice of such violation, describing the violation and making demand that the violation cease and be remedied. If, after ten (10) days following receipt of such notice (as indicated by the registered or certified mail return receipt), the violation has not been corrected or the prohibited use terminated, and any damage to the Moore Open Space Property remedied and restored, or steps taken to ensure the swift restoration of the Moore Open Space Property; or, alternatively, if a written explanation to Grantee of the reason why the alleged violation should be permitted is not delivered to Grantee within such ten (10) day period, the Grantee may enjoin by temporary or permanent injunction such violation and /or institute a suit for damages for breach of covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Conservation Easement; provided, however, that any failure to so act by the Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Conservation Easement in the future. (b) In the event of a violation by Grantee or a third party of any term, condition, covenant, or restriction contained in this Conservation Easement, Grantor shall give the Grantee or such third party written notice of such violation, describing the -10- violation and making demand that the violation cease and be remedied. If, after ten (10) days following receipt of such notice (as indicated by the registered or certified mail return receipt), the violation has not been corrected or the prohibited use terminated, and any damage to the Moore Open Space Property remedied and restored, or steps taken to ensure the swift restoration of the Moore Open Space Property; or, alternatively, if a written explanation to Grantor of the reason why the alleged violation should be permitted is not delivered to Grantor within such ten (10) day period, the Grantor may enjoin by temporary or permanent injunction such violation and /or institute a suit for damages for breach of covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Conservation Easement; provided, however, that any failure to so act by the Grantor shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Conservation Easement in the future. (c) Grantor further intends that should any prohibited use be undertaken on the Moore Open Space Property, the Grantee shall have the right to cause the restoration of that portion of the Moore Open Space Property affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. The cost of such restoration shall be borne by Grantor, its successors and assigns, up to the sum of $400,000.00. The $400,000.00 limit shall be adjusted annually on the anniversary of the date this Conservation Easement was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, in accordance with changes in the U.S. Department of Labor's Bureau of Labor Statistics Consumer Price Index All Urban Consumers, U.S. City Average, All Items. The $400,000.00 limit shall apply to each judicially determined or mutually agreed upon violation pursuant to this Paragraph 17. Notwithstanding the foregoing, however, in the event a party other than Grantor, its successors and assigns, including the Homeowners' Association, individual Lot Owners, and their respective Guests (the term "Guest" is defined as any owner or lessee of a Lot, and any family member, customer, agent, employee, independent contractor, guest, licensee, or invitee), should undertake activities which result in the degradation, damage, or destruction of all or a portion of the Conservation Values of the Moore Open Space Property, Grantor, and Grantor's successors and assigns, shall not be liable for restoration of the Moore Open Space Property so long as Grantor demonstrates it has used reasonable good faith efforts to locate and compel such third party trespassers to restore the Moore Open Space Property. In cases of prohibited uses described in this Paragraph 17, Grantor, its successors and assigns, agree that Grantor shall not use the fact that such damage to the Conservation Values is not required to be restored to extinguish or terminate all or a part of the Conservation Easement under the provisions of Paragraph 15 -11- above, or otherwise. Nothing contained herein shall be construed to preclude Grantor from exhausting legal remedies in determining whether the proposed activity to which the Grantee has objected is consistent with this Conservation Easement. (d) Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees (even in the event that the Grantee secures redress without a completed judicial proceeding), and any costs of restoration necessitated by violation of the terms of this Conservation Easement within the limitations contained herein, actually expended by the Grantee, shall be repaid immediately to Grantee by Grantor, except in the case of restoration costs required by acts described in Paragraph 17(c) above. If Grantor prevails in any action to enforce the terms of this Conservation Easement, the costs of suit, including without limitation, reasonable attorneys' fees of Grantor, shall be paid by Grantee. (e) Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Moore Open Space Property resulting from causes beyond the control of Grantor, including, without limitation, fire, flood, storm, and earth movement, or from any prudent or good faith action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Moore Open Space Property resulting from such causes. (f) Notwithstanding any other provision hereof to the contrary, upon a transfer to a third party of Grantor's interest in the Moore Open Space Property, Grantor's rights and obligations under this Conservation Easement shall automatically pass to said third party, and Grantor shall have no further rights or responsibilities hereunder, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (g) In the event that Grantor is required to bring an action to enforce Grantor's rights under this Agreement, and Grantor prevails in any such action, Grantor will be entitled to, without limitation, costs of suit and reasonable attorneys' fees. 18. Assignment. (a) Grantee may, with Grantor's prior written consent, not to be unreasonably withheld, assign this Conservation Easement to a Qualified Organization (as defined below), which organization was created at least two (2) years prior to receipt by it of the Conservation Easement, provided that (1) in the judgment of Grantee, the assignee organization has the ability, experience, interest and resources to carry out the conservation -12- objectives expressed in this Conservation Easement; and, (2) the assignee organization agrees in writing to abide by and to carry out the intentions of Grantor and Grantee as expressed in this Conservation Easement. For this purpose, the term "Qualified Organization" means any one of the following: (i) a governmental unit described in Section 170(b)(1)(A)(v) of the Internal Revenue Code of 1986, as amended ( "Code "); (ii) an organization described in Code Section 170(b)(1)(A)(vi); (iii) a charitable organization described in Code Section 501(c)(3) that meets the public support test of Code Section 509(a)(2); or, (iv) a charitable organization described in Code Section 501(c)(3) that meets the requirements of Code Section 509(a)(3), and is controlled by an organization described in (I), (ii), or (iii) above. (b) The Grantor may convey and (by Deed or otherwise) assign any or all of its interest in the Moore Open Space Property to any party or parties, provided such conveyance and assignment is subject to the terms and conditions of this Agreement, and thereafter Grantor will be released from all liability connected with the Moore Open Space Property. 19. Binding Effect; Rule Against Perpetuities; Severability. This Conservation Easement shall run with the title to the Moore Open Space Property, and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns in perpetuity. If any term or provision of this Conservation Easement would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect twenty (20) years following the death of the last to die of Gideon Kaufman and John M. Ely, and their now living children. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions hereof and the application of such provision to persons or circumstances other than those to which it is found to be invalid, shall not be affected thereby. 20. Interpretation. The provisions of this Conservation Easement shall be liberally construed to effectuate their purpose of preserving and protecting the Conservation Values of the Moore Open Space Property. No remedy or election given by any provision in this Conservation Easement shall be deemed exclusive unless so indicated, but it shall, wherever possible, be cumulative with all other remedies at law or in equity. The parties acknowledge that each party and its counsel have reviewed and revised this Conservation Easement and that no rule of construction that ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Conservation Easement. In the event of any conflict between the provisions of this Conservation Easement and the provisions of -13- any use and zoning restrictions of the State of Colorado, Pitkin County, or any other governmental entity with jurisdiction, the more restrictive provisions shall apply. This Easement shall be interpreted in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, Grantor and Grantee have executed this Conservation Easement as of the day and year first above written. ATTEST: Jeanette Jones Deputy Clerk and Recorder APPROVED AS TO FORM: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Dorothea Farris, Chairperson Date: MANAGER APPROVAL: John M. Ely, County Attorney , County Manager RECOMMENDED FOR APPROVAL: Jane Ellen Hamilton, Chief Executive Officer, Open Space and Trails GRANTOR: JAMES E. MOORE FAMILY PARTNERSHIP LLLP, a Colorado limited liability limited partnership By Thomas A. Moore, General Partner STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1998, by Thomas A. Moore, as General Partner of JAMES E. MOORE FAMILY PARTNERSHIP LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: Notary Public (ADDITIONAL NOTARY ACKNOWLEDGMENT ON NEXT PAGE) -14- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1998, by Dorothea Farris, as Chairperson of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. Witness my hand and official seal. My commission expires: C: \clients \Moore \conservation easement -new2 -15- Notary Public . r 370) 945 -1004 AX (970) 945 -5948 Moore - Open Space 7 ENGINEERS S SURYFYWS GM SCMMUESEA GORGGN MEYEA EXHIBIT "A" "MOORE OPEN SPACE PROPERTY" 118 West 61h, Suite 201 Glenwood Springs, CO 8160 December 15, 1997 A parcel of land situated in the S 1/2NE1/4, NI/2SE1 /4 of Section 14, Township 10 South, Range 85 West of the 6' P.M. said parcel being more particularly described as follows: Beginning at the CS 1/16 of said Section 14, with all bearings being relative to a bearing of N 00' 15739" W between the S 1/4 comer and the C I/4 comer of said Section 14; thence N 00' 15'39" W 1078.09 feet along the westerly line of the NWl /4SE1 /4 of said Section 14: thence N 89 °50'28" E 319.89 feet; thence N 53 °02'57" E 827.74 feet; thence N 85'38' 16" E 383.71 feet; thence N 85' 19'31" E 212.68 feet; thence S 86 °42'51" E 1057.91 feet to the easterly line of the SE1/4NE1/4 of said Section 14; thence S 00 °03'43" W 229.37 feet along the easterly line of said Section 14 to the E 1/4 corner; thence S 00'15'53" W 1361.77 feet to the S 1116 comer of said Section 14; thence N 89 °07'53" W 1310.90 feet to the SE 1/16 comer of said Section 14; thence N 89'07'53" W 1310.90 feet to the CS 1116 point of beginning, said parcel contains 89.301 acres more or less_ 93205E SE Davis Horn - PLANNING & REAL ESTATE CONSULTING July 21, 1998 Lance Clarke AICP n 1s Rick Magill Aspen Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Dear Lance & Rick: Transmitted with this letter are two copies of the Moore Family Planned Unit Development revised Final Plat, Subdivision Improvement Agreement and the PUD Guide. The plat and documents have been revised based upon your comments and the Final Plat Resolution conditions. We have highlighted all changes to the documents to make your review easier. Please contact me if you have any questions or comments. Thank you. Sincerely, D S HORN INCORPORATED G HO AICP Magill. 22 ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH 51 • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 Aug. 4. 1998 4:43PM Ida. 6463 P. 2 Project (excepting transfers by owner or its assigns of undeveloped lots or the granting of liens to lenders), provide far maintenance by Moore Family PUA Master Association, Inc. or other special district in perpetuity of all Project common improvements not accepted for dedication by the County or the utility providers. 18. certificates of Oocuoaaev. Except as otherwise provided herein, no Certificates of Occupancy shall be issued by the County for any Free Market Residential Lots until owner shall have obtained Certificates of Occupancy for the first phase of construction of the Affordable Housing Units, or any comparable portion thereof, as described in the Phasing schedule. once the Owner has obtained Certificates of Occupancy for the first phase of Affordable Housing units, or any comparable portion thereof, as described in the Phasing Schedule, Owner, or its grantees, shall be entitled to Certificates of occupancy for twelve (12) Free Market Residential Lots selected by the Owner, or if less than all the Affordable Housing Units thereof are complete, the equally comparable portion thereof in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots; provided, however, that each hase of Affordable Housing shall be completed, and Certificates of Occupancy issued prior to commencement of the next phase of Free Market development. Thereafter, Owner or its grantees shall be entitled to Certificates of Occupancy for fifteen (15) Free Market Residential Lots selected by the owner, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the two (3) groups of Affordable Housing Units, or any portion thereof, included in the second phase of construction as described in the Phasing Schedule. Finally, (Owner or its grantees shell be entitled to Certificates of Occupancy for the balance of thirteen (13) Free Market Residential Late, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the final group of Affordable Housing Units, or any portion thereof, included in the third phase of construction as described in the Phasing Schedule. owner, at its discretion, may also be entitled to Certificates of Occupancy for all of the Free Market Residential Lots in a particular phase even though Certificates of Occupancy have not been obtained for all or part of the Affordable Housing Units for that phase, provided owner has submitted security to the County in the form of a completion bond to assure completion of that phase of construction of the Affordable Housing Units as described in the Phasing Schedule. No Certificate of occupancy for Free Market Residential Lots in the next phase shall be issued until the Affordable Housing Units in the previous phase have been issued Certificates of occupancy. in determining the amount of additional security to be provided hereunder, Owner -7- Au s. 4. 1998 4:44PM shall not be required to provid e of the Affordable Housing Units, provided for the infrastructure Improvements. No. 6463 P. 3 Security for the infrastructure as Security has already been as part of the Project Public Nothing in this Paragraph shall prevent owner from obtaining earthmoving and/or excavation permits, or demolition, grading, or building permits for the Project. 19. execution of Final Plat. construct the improvements hereunder the owners, recordation of the Final records of Pitkin County, Colorado, the Final Plat. The Owners obligations to are expressly contingent on Plat in the real property and on the SOCCle approval of 20. vested aivhts. The SDCC has considered the needs of both the County and owner, and has determined pursuant to C.R.S. 924 -68 -101 et-se . that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property. Upon completion of the school circulation improvements, the Development Approvals shall be deemed vested in perpetuity. 21. Covenants Running Witb,Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the Owner and the $OCC, and their respective grantees, successors and assigns. 22. Dnik Saie. As used herein, a bulk sale is defined to mean the sale of more than fifty percent (50x) of the Project. In the event owner does not develop the Subdivision or market the individual lots, owner may sell all or a portion of the lots in bulk in the Subdivision to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. 'Upon such a bulk sale to a third party, owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. Upon a bulk sale to a third party, the third party shall assume all obligations of the PUD and Development Guide. 28. Assignment of taterost and Obligations, owner may assign its interest in the Property to a third party, who shall develop the Property or portions thereof, including the construction of the Project Public Improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations -a- u y ar, -, oore X- Sender: bude @pubwork Date: Tue, 04 Aug 1998 17:05:54 -0600 To: lancec @co.pitkin.co.us From: Bud Eylar <bude @ci.aspen,co.us> Subject: Moore L'99fce, Some of my comments to Glen were: y Bearing on page 3 of 9 Plat document is missing should be N 00 24103" W Page 2 of 3; Facilities Ex Plat, Easements and Reservations Para.2 refers to private road. There is no private road shown on the plat map. Private road reference should be removed throughout. ,?I There needs to be a reference to the Basis of Bearings on the FE Plat, pAobably on page 3 of 3 �$asis is misspelled on the lot line adj plat 2/3 (spelled: bases) BS Clarification on the dedication of the Conservation Easement of Open Space parcel 7. Is it to Open Space and Trails or to Pitkin County. �Printed tor Lance Clarke <lancec@c0.p1tkin.co.us> 3 -4).90 Ay.q-lo ,kgricuilurmi[ lze= iaentiaL E= rTc A. Inter The AFR -10. Agn= iturai /Fron.- ny /Residential.dhrria. is in=dex+ to mnintaut the=.ai U. a=:: —. of lanbs pm7== 10 cia"mopmernt =net and State Sngnways by preser ing agricsltursi ope=cns. wildlife habitat and sc:.•nic quaiir/ while pe.=rdng low denssirl, single family dwe:iing units and cu=lnzrl ac,,=orf uses. B: Allowed User: The following uses we allowed as oinigatinthL- AgticaWaraVFotrsuy,Rz:iciemd (A R -10) Zone Di=a. I. A==ry Buildings and User Bus Eton 4.. Cotametciai Riding Stabler �. C.vn ?raduaion 5. Farm Buildings i. Home 0cr maacns 8. Pats. ?'.ayground. mayinng rte:ds 0 I Itllif tlNl tlltll VIII llllt{ (III illtll -III tifilll II illl . 404234 03/08/1997 01:34P RESOLUTION 25 of 46 R 0.00 0 0.00 N 0.00 PITKIN COUNTY r:FO� 9. ytanufacmr..d Hon l0. Single ramiiv Dweiling Units 'wit, nve (5) or less bedmoms aruUor less than 15.000 square :ee: of floor area 11. Solar Energgy CoIIecmrs (Private Use) 12 Trails C Sceciaf Review User Mm foIIowing uses am saiji= m spec,i 1. A-gricaitare Stands ? Alain M V= and Sw=rt _. C=t:kp. Dweiling Units S. C:�nrc ^.es 6. Cub :louses or R- .-- .:rionai Buildings Used .a ccrme,.=on ,:rith and ac: cssor� m ape : inrd ourdoor m.:.donai use Comore jai C mmn, Areas S. Comme.wai Firewood Soiirting, Storage and Saies 9. Commerr�ai Se:are;s and Vet- ^.nary Clinics W. Community a=ith M�SIIes 11. Day Cam Centers 12. Duniex DweWmg Units 1 -1. Emaioyee DweMn; Units . 14. Baritmient Sutmiies and Conuacdon or Subcontracdon L. Coif Courses 16. Guest R=' I,. Logging 18. lfine ^i = :oiotationiNfinin„ Cx,=, —o Batch Plants 111111111111111 11111111111111111111111 1111111111{ II 1111 404234 00/08/1997 01:04P RESOLUTION 26 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 3 -=0.a0 a^, 19. :Nordic Ski Ax= and Support F=c iid= , 20. Nursing, ComalescenL Rest, and Retirement Homes 21. Outdoor Recreational Uses 11 . Radio Transmitting Station =-, Resorr Cabins 24. Sarelite Reception Devices Z. Schools / Universities Z6. Sewage Disposal ._ters ,' LandMIs /Water Plants f ''. Single :eamiiy Dweiling Units with six (6) or more bedrooms and/or more thaw 15.000 square :ere: of moor area 3. Uses Actvitim and F^.,ciYties ?==irted by Sgecai Use P°tmit Issued by =ae ^i Agencies Za. Water C.-ossing and Diversion D. P^chibima Uses: ine blowing ices are probinired in the � tic imrai /For -sc r�Reside t Jai 10) Zone Disc c- 1. Airpoa asuusemem and Entercinm° "1=. r=lishments S. Canmte.^:.-ai .kUromobile omri ng iau 4. Donaimrr Housing Zsse=ai Cove== and 1?nblic Utility Uses. Facilities and Servi= 7. Gene:at Se:viees 8. Hospitals 9. Iunk Yards a 10. Medical ( Dental. Cinics 11. Mcbile Homes IIIIII Hill t1I111 III IIIlllllll mill III 1111111 JI Jill 404234 05!06/1997 01:54P RESOLUTION 27 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK s ._ Moteis. liote!S, Lodges 13. Multi - Family Dweiling Units 14. Offices �1 12. P--sonai SerAcm Oudes: Food stow ding smrt s poscor� sabstatiotz serf -servi laitodaesr -- dry Leaping oudes aid Honor stores: provided that iiz the H -Z zone disaie: no individual use shah-excel 10.000 square feet in total floor it= the mmi space shah be Iimited to 80 son= fcr of gross Iemsable space per dwe:ling lj= in the di=cz A. Placzs for Ile ailing of Goods (saucatres and 'eosin= Limited m 12.0-00 square fw—t of floor area per buiiditig) lv. Professional Officzs 18. 12es=cr Facilities. indoors 19. Researtt Facfir»s. Othe.- 20. Re ratrnts and Sam .1. ime:iiarrtg 1 'rac--onai —�es Uses net Listed _.,. Veticiz and Air=. -it Saies and Se: ricz Limeasicrial Rectti.•°ents: the following dimensional reruir=erts shall amiv to ail permiried and spe ai rrne:v saes in to A9r. :insnirForesa jR=deatiai (AR. -10) Zone Di=.cz 1. Minimum Lot ate : - 10 ac.s Minitt = Lot Asea Pripcpai Use - 10 amrs -. lTttinittm Fr Yard Setback - See F gnre ? -i 4. Mni== Side Yard Setback - See Figs tt S -1 -. Mini== R= Yard Setback - See Fignrs 3-1 6. bfnimnm Lot Width - 300 fee: Max!== He!=ht Pmncaai Strucmtrs - 28 feet 8. - Nfa;d== Height Ac --=cry St ucaa= - 20 fes (Ord. 95-4 § 10 (par). 1595; prior code § 324M 11111111111111111111111111111111111111111111111111 Jill milli iii BIN 1 Jill 404234 05/08/1997 01:94P RESOLUTION 28 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK A-g i=t=aVForesxrytRz -jdemi= E:HEBIT D- kae� Tbc .AFR a s -s mode -ue de�ir�, :ez ==ailap=mrai ==uon zone for lands along to vadeci door located be wecrc3le•Counry's develo== c- z= = is :um o= land area. Tile di=c: aim contains e^, s a aowng concevsauons wim, densities =c=ing ,$Qsc In sutsounamg ales. B. Allowed Uses The foilowiaguses ate aIIowed as oiriatifftfre ?,gricaitmal/Folesaq/Residez�ai (AF3R 2) Z= District - _. Bus Sty .. ... .. Farm Buildm-as 5. dome Occ=auons 7. ?.zss. P13,va —MUM. Waving F:eids 3. -Manutx== ?ome tl, sin-=.i e =ii, �: n2LS wilt dve or less Ce -=oms mci/or I= t= 1_.,X sutIaP - oI floor 1`a IQ. :oiar : A T Coilec=,s ?rlam 1 :U0 11. Trails f C. Soecial Review Uses: The following uses ate subject to special review: 1. Agr'ctlmre Stands Z Ca =k,-r Dwelling Units 3. Czmemies 4. Clutch= 5. Cub Houses or Re^..ationai Buildings Used m conmecton with and acc.ssori to a cer^imed outdoor .;.w -nonal use 6. Cotome ciai csewood Splitning, Storage and Sales Commercial {e.�meis and Verm°rmari Cinics 8. Commercial Riding Stabies 9. C mmumIZ7 ~.eaith Faciiiies 10. Dav C re C--me s I1. Dupie x Dweling units i:. Employee Dwelling units 1 . Goif Courses 14. Mineral Expionmoni:Niinmg, Cencate Batch Mans L`. Nordic Sid Arcs and Support Facilities 16. Nuism& Canvalesc--m Rest. and Retirement Homes 17. Curdoor Rcraionai L'ses 18. Radio TA-ansmin tng Station 19. Resort Cabins 20. Saemm Rec. --Mon DvAces 21. Single Family Dwelling Units with six (6) or more bedrooms and/or mom d= 15.040 so= feet of ileor = 11111111111111111111111111111 IN 111111111111111111 1 111 404234 05/08/1997 01:54P RE90LUTION 30 of 46 R 0.00 D 0,00 N 0.00 PITKIN COUNTY CLERK 3- :fhffi 2z. • Sc.'tools ; UnivermLim r Z3. Sewam disposal Areas / LandfrlIs / Ware: Plants 34. Uses. Ac iviti= and Faclides Permitted by Special Use P: mit Issued by Federal. Agences ?.s. Ware: Cussing and Divrgon. - D: P:vhjUted Uses ine following uses are prohibited in Mre Agric =LM rai/For=7/Reside stiaL (AFtt - 2) Zane Di=cL 1. Aircort ? Aloine Txi Arens and Surcort a. Amusemert and Eatertammenr Fera^lisllments 4. Comt¢ercai Auromobiie P=ricing Lots Cilmmewai Camping Ar°..:s 6. Dotmitory ;:ousting 7. cuipment Sucpiies and Conu -xton or Subconuacton S. Ess.- tai Gove = ---r and Ptabiic Ud11r7 Uses. Facilities and Sertic.s 4. F.nant»a! lasu eons 10. Gerernl Services 11. Guest Banc: es I?. Hospitals 13. Junk Yards 14: Lag ping 15. Medics! / Demaai Clinics 16. Mobile Homes 17. Mctes. Hates. Lcd=es 13. Multi- 72mily DweiUng Unit 111111111111111111 11111111111 i111111111111111111f114111 404234 05/08/1887 01:54P RESOLUTION 31 of 46 R 0.00 D 0.00'N 0.00 PITKIN COUNTY CLERK 19. Offer: f _D. Peaonai Semite Outlets: =ood stares. drug stores. post office substation. seif- service laundries. dry cle:mmg outlets and liquor stores: provided chat. in the B zone disnicr, ao individual use shall eac_=d 10.000 square feet in total floor Otto, the mtai snares shall be limited to 80 stp= feet of doss leasable spat` per dweling unit in the distsic. 21. P=t = for Retailing of Goods (saucm GS and businesses limited to 12.000 so== feet of floor a= per btdiding) M Resean.1 i acilhies. indoors :4. Res== FwMties. other Resraursnrs and Bars 25. itmesnatmg , F acionai . ees Uses net Listed ZS. Vesicle and .Airc-.•ii :ales and Service Dimersionai. Rermirements: Me 7 oiIowing dimensional mquitemens shall =iy to all pe=dtEec and _xwai one x uses m the .- %=cuimrauFo=tz7j Residential AFR _] Zone Di=A*=. I. W. mimum Lot Ax= - 2 acres _ Mmim= Lot .A= ?zncpai ',-'se - 2 == Ammum From: Yard Sefuaos - See ngur _ -I ?. Nfinm mt Side 'lard Setback - See Figure ? -I _. Nf== '.,L.= Yard Serbac!c - SI" F pure 3 -I o. Yfinimumi ?.ct Width „ - 200 feet 7. Ma d=mn E-;g 111 pal Sttuc== - 23 feet 8, iSaximtum Height Ax=morr Saucsres - M feet 9. Mx !== Ficor ?.r..a 3mio - 404234 00/08/1997 01:04P RESOLUTION 32 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK - �fl.b0 2 "\ Lot Size Allowable Square Sam= FAR of Floor Arm 0-2 C00 13 .1317 FIdorto Lot Atrs Raba up, to a maximum of 3XT so. fL of floor arcs. '1001- 501000 .09 3: 40 sq ft of floor area. plus 9 sq ft of floor arc for esch additional 100 = fL in lot atc up to a rII=== of !.:00 sq. ft of floor arc. 50.001 - 100.000 .05 SZ-CO sq fL of floor = nius S so —t of floor ar= for each additional 100 so, ft in lot arc m to a maximum of 3400 so. ft- of floor arm. 100400 - .01 8.000 so. It of floor arcs Pius 1 so. ft. of floor area for =rh addiitionai 100 so. m in lot arc. Ord- 95-8 ? 10 (pan;. 1995: ?rior code 13-108) 1111111111111111111111111111 IN IIIIII Ill 111111111 IN 404234 05/00!1997 01:54P REStlLUTION 33 of 46 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLPOV ,., E:� -SIT F 40. 16 AFR -1 A gricuirural/ForesrrviResidenriai A. Intent: :ne MFR - :. ag*iculturaL'Foresu iiResidential disrct. is intended to provide for a mode -are de^sitp, residearial/agricultural transition zone for lands along the valley floor located between the Counrli's deveionment centers and its rural, open land area. The- district may also contain exisring housing concentrarions with densities exceeding those in adjoining areas. B. Allowed 7'ses: The following uses are allowed as of right in the Agiculmra.UForestryiResidential (AF'ti -i) Zone Dis=:cz. 1. Accessory Buildings and Uses 3. Animal ?rodncc on and Husbandri Se ^ices. Other Fr and Agricuitarai Uses (not including Commercial feed lors i 3. Bus Ston Crov Production S. Stands ter he sale of ag ^.c'- iturai products LCduced or. :ne premises 6. Far Buildings 7. Home CC=auom 3, Parts. Plavground. Plavin2 Fields 9. Single ":,=iiv Dwelling :.;nits with :+_ve ;r :ess bedreatns 10. Soiar _aera_j Collectors (Private Use; _. Public eie.:.entar : wrier. and senior aign sc :cols: locate, on a 'or at least 10 acres in Size with each building sitUaled at itast 30' tr0rn ail prope-7i grope-7i !Ines Churches OCated OR a lot Jf at least 2 acres in size Wial _act. butidir.g s-' LL:3te'i at least 30' from. ail orooeTr tines i3. Goif courses operated by a =blic -.°_tine: or ne'ghbori.COd or homeowners` association C. Spes;al Review r es: The follolving uses ;ire subject to spec:ai review: 1. Singie Famiiv Dwelling I.'aits with six (61 or more bedrooms =. Day care schocis. children's nurseries. children's homes _. CeMet,= 1. Outdoor recreational uses and facilities provided they retain narural envirorimearal conditions and no ourside eauipmear stora_?e and no excessive noise, odor, dust, vibration. or nuisances exisr 5. Club Houses or Recreational Buildings (if used in conjunction with and accessory :o a pe.'•mitred outdoor recreational use) 6. Radio aansrnitting stations with 100' setback om all prove ^y lines 7. Kennels and veter:nary Clinics with 100' setback from all property tines 8. Commercial Riding Stables with 100' setback from all property lines 9. Community Health Facilities 10. Ski lifts and aecessar% related facilities with 50' setback from all proper y lines 11111111111111111 k 111111111111111111 1111111111111111111 404234 06/08/1997 01:54P RESOLUTION 37 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Extrcave operations- irrunes.,sand and ravel, oil and gas dtziIina, guar es-wirh 100' minimum setback Torn ail propeny lines 12. Sewage disposal areas. land Mils. water plants 1 -1. Concrete batch plants and asphalt hot -mix plants 14. uses. activities and facilities permitted by a Special Use (or other) permir issued by the United States Forest Service, Bureau of Land Yianagrezaent, or other federal. agency Junk Yards - -_ - 16. All development in areas. or the conduct of ac: vities, oflocal and Stars inter=r- — --- unless exempted by Section 3 -80.1-0 17. Outdoor amusement faCUMes 13. Guest ranch 19. ware- crossing and diversion .0. Hospital .I. Satellite radio a~,ecue ncv signal reception and/or transmission devices D. 2- 2hii+i*ed i'ses: The following'ases are prohibited in the 1a*iculruraUFores ' Rzsicenrai -1) Zone Distrcr. =. A L =mobile pandaz 'ors and garages C: mein_ areas or .opts and : ropers 6. ?refab acmes. modular homes. asst nbiv_f corn -s <��r- larger cot Xenencs requiring 3uildirz Code exceptions 7. Dormitory Housi. g S. Essential Gove.:...,ent and Public U iiliry Uses. z'acihdes. Szr' %ices and Buiidinzs 9. rirtpiace wcoa storage and :purrmi a !I me site is accessed rrom Higliway 32 1fl. Fireplace '.vcod = tOrage and spiitnn° :f the site is 7or accessed :torn H:2twav 32 i. Guest house Se -araEe bunk ,Ouse I3. kddidonai dwellilZg units Fractional fee and dmesharna 1�. Community -eater 16. Two- family dwellings 17, tifuiti- gamily dwellinas 13. Boarding and rooming houses 19. Tourist dormircries 2I 0. Rest homes: convalescent homes, nursing homes and retirement homes 21. E3ore's; motes; and ledges - including newsstands, gift shops and similar inc;denral uses Private schools and universides ? Mobile homes and mobile home pants Restaurants personal Serict Outlets, including, but not limited to: barber and beauty, shops, shoe -opal shops. self- service laundries, travel agencies and photo studios 111f11111111 HIM 11111111111 IN IIIIIf 1111111111111111 404234 04/08/1997 01:44P RESOLUTION 38 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK :6. Places or retailing of Soods: Conve: 'trice service outlets. t.?.. drug, lieu or stores. etc.: retail goods outlets. e.g.. superman es. jportiag goads, hardware, apparel, etc. 2 7. Professic=' offices 23. Resort cabins 29. Uses act fisted . E. . r The failowina-dimeusianai requiremem' - shall- amlg to all permitted and special review uses in the Ag*icultutaUForestrj/ ResideanaL (AFR- I) Zone District. L Yfrn ;rrn,m Lot Area - 1 acre . MaLirn Lot Area Principal Use - i act- MIinimum From Yard Setback - 50' Minimum Side Yard Setback - 20' Minimum Rear Yard Setback - -10' 6. N inimum Lot Width 200 fee; Ylaximun'r'.e : ? : : ^.t Principal Structures - _3 tee: S. Maximus ?nt Accessory Structures __ t 111111111111 111111111111111111111111111 III IIIII 1111 IN 404234 08/08/1997 01:54P RESOLUTION 39 of 46 R 0.00 0 0,00 N 0.00 PITKIN COUNTY CLERK -3 Use Requirements— Aesidentlal^ Agricultural. Qer:emmodationsr Public, Resaume 01stricts 'ne -narM :n : ^e fottowmg rages indicate uses wmcn are allowed ay ngnt. uses wnicn may oe permitted ay Soecial einew. anc uses wmcn are pronl'oited for sa= restoentiai. agncuitural, acccmmceation. public, and resource distrT Uses not itee may oe cermnted ay Soec:al Review, -•oaf nlb.p er n�T - ' Vq In }V 111p a atwglM Wrta aM 0lglag•9 -+Jaf .m4 +mav e. oMnrslp ar Swew Pw+� +RS:QaM PS:d olwl , -.ail branm•Ip Ipl�y Id nPYYa! la amelwfil a tM Gleli uaf Shp MI! aPUt1 M Iallp•aSJglf. . _. _. '/iIMIMtOO/1 d vMClf/a uaf rn SM ISppC SMn A. $ br P LWI of bnp en tM Ghana IdVlb ui $spn,y1,10fe1 a Ftll� g lm ga lm gte 41S gA SR .SFI aF.t Girl ail 1O.t r Prl aaai l Prw_ S bll! 3.1 ]i.W ann`"MMNM! :I i eprealna In tf A A '> a A A A A A A A A A S. n u.Iran.'JaaM. S S S S S 5 S 5 S S -a S s S. .: •arnn•nmlry aw«nitea - __.. — a a a a gi :w rat 60IM3.e anC'Canm•g nnuaH a a a a J a A A a a a ji 'SWV<bmmmnH a a a ] a A a a a a g 33 ?yl - -•nx CJM'na . nCTfi. ngnMq nGMa one 'tIIFnMt ' -mM a ] ] > > J J a a > .:6 .•ena: retNa: aM �oaen— nGUWn9 newaW161 .'Ills :nCH 'te ivnllaf inCAIML XaH CnC":W MX/M'wlTn tno CO." 'N WIM MC Ll ItCbnp (] SINf inn Cn11GCiI .aCtl11rH ! ! e a a'ICIrC fi+mMtlN. �nler, anC ten., nrClt SC(Ip1a. .00iW en : i YM rn iti! nrin aa4+..Wna owl" at meat, .a• G JI IIHt - -m N erpfm nla9 a A a a a a a a s l .1.1. Icn=s MC u.-rrtnMny a ] a J .'.SaMXiI go.,-MXae afa aaJIK =,n, 0a1 :2=ue a vrCH one :WIGnH. a loca le on a Jt :: w'aY: =. rn aty •+IM aa4+ arminC SUUalp at :nnt. ":m au[ICOaT/,nn 5 i A a A. a S > a .. a atn'a. :uVinga. aaKrCU/Ma A A i ^ jW( .]wiH C{Malp aV 3 �JPIK iQInCI br - tbnbeTCaC • a ^ a • ^.TpWnMt lalIXiabbn a a 3 > A a > a i v..3 ?Oa1Np 1 3.:a ijn, ;z l t4 +eel$. ]!C er, S [waMx _ "arMisgmn i i a A a > j •T 11=11. nTna Intl n'Cana rbma Iona 1'Jatpt:a au i a - - ^�rallam Iwunna roam ^amn a a a s a > a a a a p tiut- aar'tcrXMansl Ian Ina :aeguln IrrNrap Tev rnun atWat an "I. MIW aMtelpn one no atnaua aMWTMI $Mraaf y -I aznw + +nmaa.:aar =L r..Van.:r wraarcas Idol S a �-:9 .�+CCCYIfa ar'XTYtIMV IWKMR iI, cap In CYIIYnC^'bn a rin ana•an�6laely re aNrnilrp sglCpr •tuonw Sal aryapL SN•rrCa aYbfta. `CIY6M4 XA M( IITItp A: aaraar no aapfV fnoba:IMf I Ael apW. lael �IAWIMn :nt Mn :,Ciao 3M aflata suj=s. WIN"C" LI aif Oa l ar i P•Jr- Ina $trig at lxc. ICome, ^ear lfas c: 1M0 ea.::. a a a 3 a 5 S.Y JraCH lar tnf lMalllM l %loco }aM, 'aw. MfaWp LI TIMS - ::'e CanvMalK! Cl TO InICM9 Cf :!a LH Nt wnKn Iaa1K nil ^fwnen Cle. 4.e",mne e'u"'Mllalfc, ameecloc,. areas anr4a"a, W r..; "'auefwcexct"M*.q MlaiCfpaSIC$t ze,rnm os:.:Ce Y¢.'..::ttll•CeaOl-u Malaot a grffla. ]OrtIM Laeaa nvewan. iaaanl. sly «m not ataap a 9reas hoar _ a a a a e a P a � A A b a g• .-3j1 Mara PM Cno uV rgmn cos of gp aWWn. 2" Ta lat ,n pTetamMli. Or :MVra1 C(p0 of Ymb.a m : 9a+Kaa I1. ao uaa a.. se cut. A p'+:`. �nanwbu alanC[ ev rpns ar sa carwp as a SXaav A. �rH A A a b a S ,i sgco, i 111111111111111111111111111111111111111111 Hill III IN 404234 05/08/1997 01:54P RESOLUTION 43 of 46 R 0 +00 D 0.00 N 0x00 PITKIN COUNTY CLERK e • f A— •f3�.lMwb vY tram 'VW. tfWf a gAMq Max aer al M vi.m.nea w 3aai1 Pe.rw is 4 w ams AS:.f orw a —afe alt m med '7tw Mr r1WUrq fqf MMIwM of IM OYWY.:M Yea nW e/t PC In MI PpC �y1 �CMeallnlaYilll W'�r.fN� i Yfe M 111a PVNC'GMI! A. S fY PsfuA y eilae M IM MIMa IOtW In S.elMn ri ICIOI AS .All 1y Rpfd0tr R[P•1aC R301 Mli 966 M. .ssl.l AFO. W Als-1 .1R.1 7 Pests Aerr.l PoN.: >U. 1420 �aq m ma, yWlWar M ' ams m dYlla.ailo W a a > J a a a a a a 14L2 0C'- nJIW11C:'M..tMlrq].n'+ffMel :lgr•N CfggYGM LIq :iavtm °nn 3 ] 3 i a 1aeft.3m:, IJ.aO'_ieL +a'Yrnq ana :]auae1GMM wa301aaiwa& 2 :441 Amms, V00=0M y aMN lMrKf! IIMt me"'Ca q 0 . :amt ammraufa aY "+ anrtsq itnn:vmft isrvMe. 3wuu at :WnTaKfal Inp Mall Y GMW IWM UM J a '.fla wtuaNnMt.::: nN'eaNaiagenw �we+a :J me eGnG :rona 14= - Was:]: '2.114 -- AQ -MaW'U O'ba"abs Wes aM Ga tY sm vmrzaaar.3:aaalrca n iYGGM ' ::Nona! 1nii1 .ana r.ra3 ] 13r nYnnMf ant; rNNlnan . ,mC3' -m 'w AlSilas Ira. p 13.33 fnn :a1a1:1 .04s` .mes ] > s i a 3 J n.. aaglo::amm.mna S:a(Mnf v.m'A';Nesca rrom vl ZMC.", rva a a > > - J > :3� -v u„i anq nease,a usa :aaa1M3 wm •.31' sggc G 11" J > ] lu'MOMO -nn 3 a 3aRia„Sa lGUavam--�ei :wa L 4111.- JII Na 13! tl _ .. a roes I ref n ] J a a a a > a ] i.T�i .i'CNe Sates^. ::ann +u ea 13�a Ct.m.ra;a nanG saaef von ':0'seMaca :rom IA :iavtm °nn 3 ] 3 i a a IJ.aO'_ieL +a'Yrnq ana :]auae1GMM wa301aaiwa& 0 . :amt ammraufa aY "+ anrtsq itnn:vmft isrvMe. 3wuu at '.fla wtuaNnMt.::: nN'eaNaiagenw �we+a :J me eGnG :rona sm vmrzaaar.3:aaalrca n iYGGM 1nii1 .ana r.ra3 ] p 13.33 fnn :a1a1:1 3 i3.t1 > :1'.NGM"Mt .: S3PSa. >::'e ^JnCYG :t iaw.11q.: "%il ItW ital —Nest _Teef iaPTVIM :'I ie"Mm!�.:'sae]�M 3 34AS Z :1" 3aa .. S:ar3ae i a 3a ... vMq 11 ::la 31(1 n aL'H3eG :laT �Mml'iY d'1 j Gl 'ne We'S:: , 1CSfset, rm, :Sts �u3 nza .3.] .Tore" ne�..Yla =wcMn ar fmagv.e on :ne same uo Y a •a1C::na V s0M.NM w 1i19 i .w.,— rrsaYmcv SIg11W raesevan iiwer 1O0elmf3tar :w+esf i > 23 S 3 5 i i S 4 4 a Suo0. 3 72 1161 Hill IIIIII IIIII IIIIII IIIIIIIIII III IIIIII III IN 40423406/08/1997 01:54P RESOLUTION 44 of 46 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK A f A L T A C O M M I T M E N T SCHEDULE A Our Order 4 0371551 For Information Only ASPEN, CO Charges - TSD Commitment - - TOTAL - -- •-wITF. YCOR REMITTANCE PLEASES REFER TO OUR ORDER NO. ' »• 0371551. r »> _. Effective :ate: January 31. 1997 at 5:00 F.M. 7.. "TSD" Cownit3ent Proposed z'sured: THOMAS A. MOORE.. TRUSTEE OF T -iE AL2ERTA L. MCOR°_ PERSONAL RES=ENCS ':RUST DATED --CLY 20, 1995 AND u?MES Z. MOORE AS ?trRSONAL RE ?RESEI7TATIVE OF THE ESTATE OF JADES S. MOORE, AS TO ?ARCEL A JAMES E. MOWS FAMILY PAAiY'L45X29, LTD., AS TO P.RRC.?I, 0 3. The estate or interest _a the land described or referred to in t"_'s Commitment and covered herein is: A Fee Simale 4. -ctle to the estate or interest covered here-4- is at the affec..ve date hereof vestad in: THOMAS A. MOORS, TRUSTEE OF = ALBERTA L. MOORS PERSONAL RESIDENCE :RUST DAT Z JULY 20, 1955 AND JADES S. MOORS AS PERSONAL REP�a'VTATIVE OF THE ESTATE OF JAMES E. MOORS, AS TO PARCEL A JADES E. :40083 FAMILY FARTVERSRZP, LTD., AS TO PARCEL H 5. The land referred to in this Commitment is described as follows: PARCEL A: TOWNSHIP _0 SOOTS, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTZON 11: ioTS 12, 13,, 14 AND 15, AND ALL THAT PART QF THE ..- SW1 /4 LYING EASTERLY OF THE CENTER OF MAROON CREEK, AND ALL THAT PART OF TSE FOLLOWING 4DESCRIBED LA`ND`LYZNG LEAS jT OF MjARCjON PAGE 1 I I�11II ItIII I�IIII IIIfN 11I{ ��SI'I IIIII III �IIII IIII IIII 4153S2 04/07/19A0 e3j29P RMLUTI DRVIS SILVI 9 of 40 R 0.00 0 0.00 N 0.00_PITKIN COUNTY Co f A L T A C O M M I T M E N T SCHEDULE A Our Order 8 0371551 CREEK, TO -WIT: THE SOUTH 20.3 FEET OF TEE 51/2NE1/4, SECTION 11, TOWNSHIP 10 SOUTH,, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ?=IN COUNTY, COLORADO, (ACCORDING TO THE SUSPENDED KIMBERLY SURVEY UNDER WHIM: THE PA= WAS ISSUED) LYING WESTERLY OF TAE SOUTHERLY RIGHT -OF -WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AS NOW CONSTRUCTED AND IN USE, MORE OR LESS. SAID. LAND BEING ALSO DESCRIBED AS THE SOUTH 20.3 FEET OF LOTS 3, 9AND 10, SECTION*--, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ACCORDING TO TOE THOMAS WITHERS, SURVEY .'APPROVED W 1889. EXCZPTING T.1EiEEFROM THE FOLLOWING TRACTS A. PART OF LCTS 12 AND 15 CONVEYED :0 MAROLT BY D_M) ZECCRDED IN BOOK 153 A. PAGE 351; 3. PART CF LOT 19 AND CF _ SE: /4SW1 /4 CONVEYED :0 ASPEN SCHOOL DISTRICT NO. 1 RE.. BY DEED RECORD= :N SCOK 210 AT PAGE 561; C. ?ART OF LOT L8 CONVEYED M ASPEN SCECOL .IS:'RIC- N0. 1 R=., BY DEED RECORDED :N ROCK 2I1 AT PAGE 150; D. PART CF SECT:ON 11 CONVEYED TO 171E =TY OF ASPEN iN DE= RECORDED ='ECOK 240 AT PAGE 362; PART. OF TEE W1 /2SE1 /4 AND Ti SE1 /4SW1 /4 OF SECTION 11, AND THE NW1 /4NE1/4 OF SECT:CN 14 CNVEY�* TO .ASPEN SCHOOL DISTRICT NO. 1 RE., --_._. CEED REC=Z= IV BCOX 256 AT PAGE 887; r. PAR: 0 A L T A C O M M I T M E N T SCHEDULE A 1 Our Order 4 Q371551 FAMILY PARTNERSHIP, LTD., BY DEED RECORDED IN SCOK 614 AT PAGE 857; L. PART OF SECTION 11 CCNVEYED TO PITKIN COUNTY BY DEEDS RECORDED IN BOOK 602 AT PAGE 994 AND IN BOOK 682 AT PAGE 997; AND M. RIGHTS OF WAY. OF MAROON CREEK ROAD AND COLORADO STATE HIGHWAY NO. 62. PARCEL 8: TCWNSHIP 10 SOLTH, RANGE 85 WEST OF T. -'S BTH FRINCPAL MERIDIAV SEC -_0N 11: LOT 18 SECTION 14: NW1l4NEI /4, S1 /2NZ1 /4 AM THE N1 /2SE1i'4 EXC:?TING �REFROM T'3E FOLLOWING 7R3CTS: A. PART OF LOT .8 AND CF TEE SE.!45fl1 /4 CONVEYED TO ASPEN SCHOOL DISTRICT NO. 1 RE., BY DEED RECORDED IN BOOK 2.0 AT PAGE 561; S. PART CF-LOT 18 CONVEYED TC ASPzY SCHOOL DISTRICT NO. 1 R:., BY DEED RECORDED IN BOOK 23.1 A— PAGE .50; C. PART OF _i W1 /2SE1/4 AND THE S l/4SW1/4 OF SECTION 11. AND :3E T.AIANE1/4 OF SECTION .4 CONVEM.TO ASPEN. SCECOL DISTRICT NO. I RE., BY DEED RECCRDED ZN BCOK 255 AT PAGE 887; D. ?ART OF THE W1 /2S'cl /4; THE NE1 /4SW1 /4 AND :B✓ SEI /4SWI /4 OF SECTION 1:, AND THE Nwl /4NE. /4 OF SECTION 14 CNVEYED TO ASPEN SCHOOL- DISTRICT NO. 1 RE. BY DEED RECORDED IN BOOK 256 AT PAGE 889; Z. PART OF THE NW1/4NE1 /4 OF SECT_ON 14 CONVEY°M TO THE CORPORATION OF THE PRESIDING BISROP OF THE CEURCH OF ScSUS CMIST OF LATTER DAY SAINTS, A UTAH CORPORATION SOLE BY .DEED RECORDED IN BOOK 331 AT PAGE. 623; F. PART OF SECTION 11 CONVE'f0 TO THE CITY OF ASPEN IN DEED RECORDED IN BOOK 341 AT PAGE 127; AND G. RIGHT -OF -WAY OF MARCCN CREEK ROAD 1111111 Hill 1111111111111111111111 HE 111111111111IN 417302 04/07/1998 03i29P RESOLUTI OAVIS SILVI PAGE 3 11 of 40 R 0.00 D0.00 N 0.00 PITKIN COUNTY CO 100 ` ,. E A L T A C O M M I T M E N T SCHEDULE 3-1 (Requirements) Our Order # Q371SS1 The following are the requirements to be comolied with: -. Payment cc or for the account of the graazors or mortgagors of the full consideration for the estate or interest to be insured. 2. Promer instruments) creating the estate or interest to be insured must be executed and duly filed for record. to -wit: IRIS COMMITMe=7 IS FOR INFORMATION ONLY, Mm YO POLIO'-' WI-.-. BE ISSUED PURSUANT ._:itETO. ME COUNTY CI.e"R.R AND RECORCSZS OF? /CE REQUIRES RETORN ADDRESSES ON OOC9MENTS.Se'NT FOR RECORDING;; 111111 11111 HIM 111111 lil(111111 Ilill 111 (111!11111111 410302 04/07/1998 03:29P RESOLUTI DAVIS SILVI PAGE a 12 of 40 R 0.00 D 0.00 N 0.00 PMIN COUNTY CO N ' 0 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order C Q371551 The policy or policies to be issued will Contain exceptions to the ... following unless the same are disposed of to the satisfaction of the Company: .. Standard Exceptions 1 through 5 printed on the cover sheet. S. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. liens ' -cr unpaid water and sewer charges, if any. 9. TdZ EFFECT OF ENC USiONS :N ANY GMM"RAL OR SPZCIFIC WATER CONS':.21:AANCY, -:RE ?ROTECT:CN, SOIL CCNSERVATION OR OT.--=R OISTLICT OR T- NC.US:CN IN ANY WA _? SZRVICr OR STREET IMPRCVEMZNT AREA. 10. WATER RIGHTS CR C AIMS TO WATE'R RIGRiS. ll. RI4a. OF e^RCPRIETOR OF A VEIN OR LODE T =YTRAC- AND RiMOV^E NIS CRE T.YEREFROM SEOLT.D 1'r$ SAME SE FOUND TC PEN='TRA TZ OR INT- SEC, TF PRS;SISZS AS 'RESERVED IN DNLTED STATES PATENT UCCnEz May 0'., 1890, :N Bcox 55 AT PAGE 9, RECORDED WARCR 15. 1892 IN 300K Ss' AT PAGE 21, RECORDED CCTOBER 27, 18922 IN BOOK 5.5 AT PACE 31, RECORDED NOVEMBER 29, 1992 IN BOOK 55 AT PAGE 34, RECORDED AUG17ST 26, 1911 IN ?OOK 55 AT PAGE 190, AND RZCORr= AUGUST 26, 1911 IN BOOK 55 AT PAGE 191. 12. RiG2T OF WAY FOR DITCYEs OR CANALS coumuc—m BY T3E AU=CR:-! OF 7Hz UNITED STATES AS RESERv= IN UNITED STATES PAT-INT RECORDED Mart. 1892, IN SCOK S5 AT ?AGE 2:. 13. EASEMENTS AND RLGn:S OF WAY FOR DITCSZS. CANALS, ZGME.S. P'PELINES, ROADS, STREETS, HIGHWAYS, AND CTIL:TY LINES, :NC:X P21G, BUT NCT LIMITED "01 Tsi FOLLOWING: A. NESTLE CITCR AS SST FORTH IN THE STATEMENT --T-"-D OCTOBER 25, 1390 UND'cR RECEPTION NO. 38412. B. CASTLH CREEK RESERVOIR AND CASTLE CREEP PIPELINE AS SET FORT:: CN THE MAP RECCRDED DECEMBER 29, 1.995 IN PLAT BOOK 2 AT PAG'n 89. C. MAROON CREEK RESERVOIR AND MAROON C7.EEK PIPELINE AS SET FORT; ON THE YAP RECORDED DECEMBER. 29, 1955 IN PLAT BOOK 3 AT PAGE 91. D. RIGHT OF WAY AM EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS - COMPANY, iNC., IN LNSTRUMENT RECORDED OCCEER L9, 1.961 IN BOOK 195 AT PAGE 423. PAGE 5 11111111111111111111111 11111 11111111111911111111111111 410352 04/07/1990 03:29P OESCLUTI. DAVIS SILVI 13 of 40 R e.00 D 0.00 H 0.00 pITKIH COUNTY CO f A L Tel C 0 M M I. M E N T SCH'<DULE B -2 Mxtettiansl Our Order 9 0371551 .;C. E. P5'.iT•OINENT EASEMENT AS GRANTED TO THE CITY OF ASPEN IN INSTRUMENT RECORDED JANUARY 28, 1966 IN BOOK 218 AT PACE 382. F. RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TEi.MONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED AUGUST 26, 1966 TN BOOK 222 AT PAGE 313. .Z. EASEMENT AS GRANTED TO TREE CITY OF.ASPEV IN INSTRUMENT RECORDED FEBRUARY 21, 1973 IN BOOK 272 AT PAGE 739. A. 5ASEMENT AGREEMENT WITH ASPEN SCv00L DISTRICT 10. 1 RE., RECORDED J',T,Y 8, 1977 IN ROOK 331 AT PAGE— 619. I. TRAIL EASEMENT AS GRWIED TO ASPEN SCHOOL DISTRICT NO. 1 RE „ LY ?NSTRU I-MUT RECORDED JULY 8, 1977 IN BOCK 331 AT ?.AGE 622. J. EASEMENTS AS GRANiI= IO T ' CORPORATION OF —;E= PRESIDING BISHOP OF 7-T,- C4URC: OF JESUS (DULIST OF LATTER DAY SAINTS, A L -AH CORPORATION SOLE, :N 3.47- =ZED RECORDED JULY S, 1977 IN SOCK 331 AT = E 623. K. EASEMENT AS SET FOR =F _*N INSTRUMENT RECORDED .TwaY 17, 1980 IN BCCK 391 AT PAGE 925 AND AS GRANTED Tv THE BOARD OF CCLV:Y CCMMi55I0 ERS CF =I YIN COUNTY Y, COLORPSC. LEI. INSTRUMENT RECORDED ;U "Y 171 1980 :N BOCK 39: AT PAGE 927. .i. EASEMENT AS GRANTED, TO 7ES C:^: OF ASPEN :N rIS77L'MEAi RECCRI)ZD SEPTEMBER 11, 1990 iN BOOK 629 AT PAGE 188. M. MAROON. CREEK ROAD AND STAIE HIGIrYlAY NO. 92. N. MARCON CREEK `WA —R FLUME DITCH.. ^"14. ANY CUEST:CN, DISPUTE OR ADVERSE CLAIMS AS TG ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CRANGE IN 3.4E RIVER BED :ZCATICN BY NATURAL OR 0 x' -1 T'-0l.Y NAT07AL'CAUSES, OR ALTERATION :iiROUGH ANY CAUSE. NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CRANNZ OR FLOW OF WATERS IN THE MAROON'CREEK LYING WIT:iIN SUBJECT LAND; AND ANY CUESTION AS TO THE LCCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL, DESCRIPTION MONUMETL. OR MARKER: FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 1.15. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED July 08, 1977 IN BOOK 321 AT PAGE 619. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED July 17, 1980 IN BOOK 391 AT PAGE 92S. ,17. TERNS. CONDITIONS AND PROVISIONS OF EASEMENTS RECORDED September 5.1, 1990 IN BOOK 629 AT PAGE 108. PAGE. 5 I i��lli VIII �III�I I�I'II'II' �Iilli.II�II III "�'�' III III 435352 04/07/3098 03,20► RESOLOTI DAVIS SILVI 24 of 40 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO w E A L T A C O M M I T M E N T SCHEr= B-2 (Excepcicns) Our Order R 9371551 18. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN RESOLOTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RECORDED AS FOLLOWS: A. RESOLUTION NO, 95 -9 RECORDED FEBRUARY 15, 1995 IN BOOK 774 AT PAGE S0. B. RESOLu i'ION NO. 95 -173 RECORDED OCTOBER 27, 1995 IN BOOK, 797 AT ?AG'c 922 C: RESOLUTION NO, 95 -30 RECORDED NOVEMBER 9; 1995 IN.. BOOK 799 AT PAGE 150 AND RECORDED OCTOBER 25, 1996 UNDER RECEPTION NO. 390334. 1111111 HIII 111111111111 IIII 111111 HE 11 11111111111111 414352 04/07/1990 03:29P RESOLUTI DAVIS SILVI i4 of 40 R 0.00 D 0.00 N 0.00 PITKINCOUNTY CO PAGE 7 L A A 0 T I T L z G U A R A N T E E C 0 N P A.N y 7ISCLOSURE STATEMENT Required by Sanate Sill 91 -19 A) The subject real property may be located in a special taxing district. HI ACertit'.cate of Taxes Due listing each taxing Jurisdiction mavbe obtained from Che County Treasure: or the County Treasurer's authorized agent. 'C) -he zfcaraticn regarding special districts and the boundaries of such .districts may be obtained 'rom she Board of County Commissicaess, the County Clerk and 'Recorder, or the County AOeeaSOr. Required by Senate Bill. 92 -141 A) A Certificate of Taxes Due listing each taxing jurisdiction shall he obtained from the County Treasurer or the County Treasurer's authorized agent. I 111111111 11111 HIM Illtll IIII 11!11! 11111 III1111111111! IN 417132 04/07/1995 05929P RESOLUTI DAVIS SILYI 10 •f 40 R 0.00 0 0.00 N 0.00VITKIN COUNTY OO V '°••,•", AtTACtiLLEiiT IO f s (97,01945-1004 ,c"wnw 118 west 6th. Suite 2CO °°.°n. "".., FAX 19701945.5948 � ��r Glenwood Springs, CO 81601 1111!1111111 HIM 111111 IN 11111111111111111111111 IN 415352 64/07/1996 03:29P RESOLUTI DAVIS SILVI October 27, 1997 17 .f 49 R 0.00 0 0.00 N'0.00 PITKIN CCUNTT 0 Job ?,93205A23 MOORE - P)LRC.4L 3 A parcel of land situated in the W%SEW of Section 11 and the NWWTm(, S'WE °d, Ni SZU of Section 14, Township 10 South, Range 85 West of the 6th P.M., said parcel beirg more narticularly described as follows: 3egirzing at the N3( corner of said Section. 14, with all bearings being. relative to a bearing of S 89 055'48" E between Nit corner and the northeast corner of Said Section 14; thence along said north- seuth centerline; thence 5-00 °15'39" 3 202.50 feet to a =tint on she north line cf a par=e- of land described in Book 331 ac Page 623 = the Pitkin Courty records; therce alcrg the houndary of said cancel -re foilowi.g six i5) courses: 1) S 73 °59'09" _ `210.00 feet; thence 2) S 33 015'33" CC) feet; thence 3) 5 19 °75'39" - 140.00 feet; thence 4) 535'33'39" - _20.00 feet; thence Si S 19 °30'39" - 150.93 .feet; thence 6) N 73 059109" W 447.05 feet to a Point on said ncrth -lout: cenrer -ire of Section 14; thence along said north -south cencer'_ine S OC °15'39" E. 2040.97 faec to the southwest corner of the SWW23( of said .Section 14; thence S 00 °15139" °_ 1336.71 feet to the southwest c =_ ^..er of the _7T% Sri; thence along the south li .e of said \NSEU of Section 14, 5 89 °07153" 'E, 2621.80 feet to the east line of said Sectior 14; thence .along said east line of Section 14, N 00 015'53" E 1361.77 --set to the ri corner of said Section 14, thence.conzinu;ng along said east line of Section 14, N 00 003'43" E, 1328.69 feet to the northeast corner of tie SE35NE of said Section 14; thence alone the north line of said SEUNZI/ Sect -cn 14, 5 89 °54'18" W, 1320.59 feet to the northwest corner of said S7 -,CNE% Section 14, thence alone the east line of the NW3@mX of Secticn 14, N 00 °06.108" W, 1 332.50 feet to the northeast corner of said NW3=N of Section 14, said Point being also the southeast corner of the W3(SEN said section 11; thence along the east line of said W36 SE34 of Section 11 N 00 004'01" E, 1471.13 feet to a point on the southerly right -of -way line of Maroon Creek Road; thence along said right -of -way S 87 °58134" W, 53.97 feet; thence S 68 002'11" W 300.00 feet; thence leaving said right -of -way 5 01 °57'49" E 143,74 feet; thence N 41 °04'00" E 23.45 feet; thence 136.08 feet along the arc of a curve co the right, having a radius of 180.00 feet, a central angle of 43 °18156 ", and subtending a -chord bearing S 62 °42'32" 14 132.86 feet; thence N84 °22'00" E 33.04 feet; thence 21.5a feet along the arc of a non - tangent curve cc the right, 1533 94 IIIIN 8 0 :2911RESO UTI VIII{ 111 IIII f 415352 04/07/1098 03., 29PRE90LUTI DAVIS 52LVS 19 of 40 R 0.00 D 0.00 N 0.00 PMIN COUNTY 00 having a radius of 95.00 feet, a central angle of 13 °01'00 ", and II subtending a the rd bearing S 62 049'50" W 21.54 =eec; thence 216.74 feet alone the arc of a reverse curve to the left, having a radius of 320.00 feet, a central uncle of 38 048123 "1 and subtending a chord bearing S 49056'09" W 212.62 feet; thence S 30 031'58" W 100.97 feet; thence S S9 °28'02" E 43.00 feet; chence 160.95 along the arc of a non- tancenc curve to the left., having a radius of 477.00 feet.;a central angle of 19 °19'57 ", and subtending a chord bearing S 20-51159- W, :.60.19 feet; thence S 11-12'00" w 53.98 leer; thence S 72 009117" E 381.08 feet; chance S 00 °04'01" W 826.35 feet; thence S 00006'06" E 968.52 feet; thence S 32 °58'01" W 120.01 feet; thence 401.36 feet along the arc of a ncn angental cu=te co the 1efc, haviha a radius of 353.81 feec, a central anc'_e of 64 059146" and subtending a chord bearing S 74 °42'45" w 380.:8 feet; thence 155.78 feet along the arc of a c rcccund curve c - ; left, having a radius of 120.00 feet, a central angle of 68 °3S 35 "� ana subtending a chord Searing S 07 °53'05" w '46.63 eec; cnence , 16.70 leer along the arc of a reverse curve t -e rcchc, hav_ny^ a radius of 19.00 t___, a central angle of 63 °4714." and subcencinc a chord bearing S 05027'07" W 15.25 fee_; -hence S 37°30'Sa" ,3 =.59 feet - .._ S 46006'33" W S9.3 feet then_ S S2 °39'0'2" r 39.34 [ f--c; -Ce ^c° 64.40 !etc along the arc of a ran- tancenc - r:e - -he ri =at, having a -radius 95.00 a certral anc_e cf 38 °SO'3"' and subcar. nc a chord bear nc 1 ,3'1- _ -get; =9. feet dlong the arc of a cOmocund rre the right, aavi g a radius of 185.86 feet a central angle of 46214'18" arc sumcehciac a c ^crc bearing 5 09 °13'38" W 1.43.96 feet; thence S 320251-• N 37.37 feet; thence 96.15 feet along the art f a curse _c rig Inz, having a radius o£ 21-0.00 -feet, a cent=&: angle of 21027'40° and subtending a ohord bearing S 430091--711.14 35.33 feet; thence I S 53451'27" w _ =4.44 _-, thence 74.40 - -_frig the art Of a rle :A _,. - haVincra radius J£ 260.00 f3et, dCert 531 3_ ^.gle cc _ 6°23' 44' arc subce_ndinc a chord bear_ag 3 45-3514411 W 74.1 - °et. thence S 7 °27.52" W 242._3 feet; thence S 5120'40" W 757.]3 then__ N 00 °24103" W 47.25 thence )Y_7 "58'34" _ [eec; thence N 01006'12" E 225.37 feet; tie -ice 148.:3 `eet -a ore i the arc of a enrfe cc cam right, havenc a radius of 2153.00 feec, a central angle of 39028'23" and subtending a =acrd bearing N 20 ^50'26" E 143.21 feet; thence N 39'Sa'22 37.02 feet: thence 17x.72 fee: along the arc of a ncn- cargencial came to the right, having a radius of 110.00 feet, a central ancle of 93 005'29" and subcenairg a chord bearing N 11 019'42" W 159.70 feet; the. ^.c3 N 35 °17102" E 187.08 feet; thence 85.24 feet along the arc ti a curve to the left, having a radius of 170,0o feet, a central angle of 28 °43'45 ", and subtending a chord 'Dearing N 20 °55'10" 'c 84.35 feec; thence S 82006'93" E 74.20,feer; thence N 1S 020'40" 'c 288.62 ChenCe N 42 °37'21" E 196.37 feet; thence N 22 °05'18" W 350.71 :eec; thence S -- 002'40" W, 251.92 feet, thence N 73 °42'51" W 220.93 feet; chance 15.33 feet alone the arc of a ron- tancenc curve to the right, having a radius of 3.5.00 feet. a central angle of 25 °0.6'09 ", and subtending a chord bea=ring S 42 °75'05" W 15.21 `eec; thence S 54 038'10" W 8.99 feec;'thence 21.42 feet alone the arc of a curve cc the right having a radius o£ 20.00 fret, a central. angle SCNMOESER GORCON MEYER. INC. f rte, of 90 000'00 ", and subtending a chord bearing N 80 °21'50 "W 28-.28 'feet; thence N 35 021'50" W.296.72 feet; thence 97.45 feet along the arc of a curve to the left, having a radius of 160.00 feet, a central angle of 34053'49 "., and subtending a chord bearing N 52048'45" W 95.95 feet; thence N 00 007'23" W 275.91 feet; thence S 89052'37" W 28.18 feet to the easterly right -of -way of Maroon Creek Road; thence 01 002'00" W 227.87 feet; thence 113.35 feet along the arc of a curve to the right, having a radius of 312.39 f feet, a central angle at 20047'23 ", and subtending a chord 'nearing S 11025'42" W 112.73 feet; thence leaving said Maroon Creek Road easterlyright -cf -way N 90000'00" E 55.35 feet to the point of beginning, said parcel contains 179.71 acres more or less. I i 11111111111 HIM IHII 111111111111 HE IIf 1111{1 II{ IN 413332 04/07/1998 03s29P RESOLUTI DAVIS SILVI 19 of 40 R 0.0000.00 N 0.00 PIT" "' " " """ St:Lc/93205A23.P9 SCNMUESER GORDON MEYER. W MEMORANDUM TO: Mayor and Members of Council FROM: John P. Worcester 4W DATE: March 29,1999 /00�%, Aspen - 50 Years After Goethe tdind- Body- Spirit RE: Moore Family PUD - Resolution to Initiate Annexation .. P. 0 0 0 0 ............................... Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for the Moore Family PUD property. The owners of the property filed an annexation petition with the City Clerk on March 29, 1999. The Moore Family PUD property is the property which is being developed by the Moore Family and also the property recently purchased by the City for ball fields. The property proposed to be annexed is being proposed to be annexed in a series of four separate parcels. In other words, a single parcel that meets the contiguity requirements will be annexed immediately followed by the other three in series. Actually, the law in Colorado was recently changed to allow series in annexations to proceed simultaneously so there will only be a single annexation ordinance and a single hearing to determine compliance with the Annexation Act. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31 -12 -104 and 31 -12 -105, C.R.S. Section 31 -12 -104 of the Colorado Revised Statutes requires: and (a) That not less than one -sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality.... Section 31 -12 -105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31 -12 -104 and 31- 12 -105, C.R.S. as described above. (b) Land Use approvals needed to authorize an AH project, including rezoning needs to be established through P&Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. �;4') , Series of 1999. JPW- 03/29/99 -G: \john \word \memos \moore- a=- resl.doc �i .�.A I'4 J i` .• iP�`Y��� �d•rK' •�. \ . i�. ..e � ._ ., ..i • nr•' / .. y,; �''. aS• f .. .. t � ", Y�" rt� ' � � ," . . 1`'4+ � . ., . \W tea. a� oa �o �a I / "%� Davis Horn - PLANNING & REAL ESTATE CONSULTING April 8, 1999 Julie Ann Woods AICP Aspen Pitkin Community Development 130 South Galena Aspen, Colorado 81611 Re: Moore PUD Dear Julie Ann: Enclosed with this letter are: 1. BOCC resolutions approving Moore PUD Detailed Submission and Final Plat; 2. Moore PUD Guide; 3. Moore Subdivision Improvement Agreement; 4. Final Plat; 5. Essential Community Facilities Subdivision Exemption Plat; 6. Moore 35 acre Subdivision; and 7. Moore PUD School Improvements Plan. Give me a call if you would like to meet to review these documents. Please let me know when you have prepared a schedule for the Moore PUD zoning process. Thanks. Sincerely, cc: Dwayne Romero Woods. 10 ALICE DAVIS, AICP f GLENN HORN, AICP -- 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 INCORPORATED THORN HORN AICP cc: Dwayne Romero Woods. 10 ALICE DAVIS, AICP f GLENN HORN, AICP -- 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 Public -PUP n R -15 PUD R -15 -PUD i R -30 -PUD; R -15 -PU D R -30 -PUD r y� t } ! 46. AFR -2 PUI - - Gonserva Ior to ✓� `� Park,t I e., K 10 ; o Tdr f Conservation 900 0 900 1800 2700 3600 Feet Proposed Zone Districts Prepared by the City of Aspen Community Development Department May 4, 1999 n S MAP a W N Moore Annexation - Questions and Follow -up. Items (Based upon Meeting of 4/15/99 with affected City Departments & Districts) Background and Overview: On April 15` ", the Community Development Department held a meeting with affected City Departments and Districts in attendance. The purpose of the meeting was to accomplish the following: 1. to apprise parties of the status, process and timing of the Moore annexation with the City; 2. to identify and discuss the future responsibilities of the City once annexation occurs; and 3. to identify issues and concerns, and gain clarification regarding the technical aspects of the approval documents and plans. Informational Items: • The Moore PUD received final plat approval from the County on April 18, 1998, under the PitCo 1993 Land Use Regulations. The infrastructure is currently under construction. It is assumed that through the process of annexation very few, if any, changes can be made to the approvals granted by the County because the annexation was initiated by the City and not by the developer. The City will be in the position of enforcing and implementing the PUD plan, as approved by the County. • Annexation proceedings have begun with the City. On April 12'", the Council passed Resolution No. 30, Series 1999, finding that the annexation is eligible for annexation. The Council set a public hearing date of May 24`^ regarding the annexation. • PitCo development standards for infrastructure, roads etc. were accepted as part of the PUD and the cost of any upgrade to these in the future will be borne by the City. • Recorded Drawings and County approval documents are on file in ComDev Dept. with Sara Thomas. These documents need to be reviewed by parties for both accuracy and understanding of what the City is inheriting. • David Hoefer and John Worcester will prepare a summary of the process of the annexation, including timelines and hearings. • A draft annexation report has been prepared jointly by ComDev and Finance. Departments should review this and provide comment. Questions /Concerns: • What land use regulations would be utilized to amend the Moore PUD in the future? • What regulations are to be utilized in making interpretations of the approval documents and in the process of zoning review prior to issuing building permits for the project. Will City Staff need to utilize the 1993 PitCo code in order to perform zoning review? The annexation approval ordinance should be absolutely clear on how future review will work and what documents the City will rely on. It was felt that if we get this matter clarified to the greatest extent possible now, it would save greatly on staff time later. • Should the City initiate and bring to Council's attention during the annexation process the establishment of an improvement district in order to begin setting aside funds for the upgrade of roads or any other public improvement associated with Moore PUD? The actual establishment of a district would require a citywide vote, increasing the AO-1- likelihood of the district's formation. • Will all dedications made to the County now be conveyed to the City through the process of annexation? Do we want all of these dedications for easements, utilities, improvements, park/open space, and other public liabilities? Staff needs to gain full understanding of what we are taking over as part of the PUD. • What is the status of the trail system in terms of maintenance responsibilities (public/private), oversight/inspection of the development of the approved trails? Specifically, it is unclear as to the purpose and intended uses of the Powder Bowl Trail. (For example, is the trail required to be kept open for emergency access during the winter or is it to be maintained as a nordic trail ?) The uses and responsibilities need to be clarified. • What are the inspection requirements placed on the developer for the installation of infrastructure? Is this adequate from the City's perspective or should the City be observing the infrastructure installation currently taking place? Will the developer be required to provide as -built drawings of the infrastructure? Will the improvement security be transferred from the County to the City? • The County PUD approval established requirements for homesite development in order to minimize the likelihood of wild fire. Areas within a certain distance from a house are required to be free from combustible materials, including firewood stacks and landscaping. This is in conflict with the City's tree removal regulations and associated fees. This matter needs to be clarified so that the City staff is clear as to how to apply the regulations. • Where does Moore Drive terminate in terms of the City's responsibility to maintain the right of way? How is storm water being handled within the PUD and as it might impact Maroon Creek Road? • Does the City have the personnel and operational capacity to provide the level of service it currently offers? Staff needs to evaluate staffing levels as the City takes on additional lands through the annexation process and keep in mind the cumulative impacts of new annexations and prospects (Moore, Burlingame, Iselin, Highlands, Snyder etc.). C:JAO.MooremtngSum eow*�,. REVENUE: General Fund: Property Tax Franchise Tax Specific Ownership County Sales Tax Building Fees Highway Users Tax Road & Bridge Tax Alarm Fees & Permit General Fund Total Wheeler Opera House: WRETT Afford House /Daycare Fund: HRETT .45% City Sales Tax Afford House /Daycare Total Parks and Open Space: 1.0% City Sales Tax Parking Garage Fund .25% City Sales Tax City of Aspen Moore PUD Annexation Financial Summary Estimated Estimated Estimated Annual Annual At One Time During At Annexation Build Out Build Out $ 48,363 $ 410 48,773 66,827 $ 4,518 3,644 30,719 - 183,499 6,497 - 567 225 112,998 183,99 69,467 72,670 126,867 65,000 16,074 - 142,941 65,000 35,720 8,930 TOTAL REVENUES 8 48,773 8 370,057 $ 321,168 EXPENDITURES: General Fund: City Council $ - $ 2,358 $ - City Managers - 5,200 - Human Resources - 3,888 - City Clerks - 3,854 - City Attorneys. - 3,578 - Risk Management 805 Finance - 6,296 - Planning - 5,689 87,859 Engineering - 2,919 - Building - 2,589 16,250 Environmental Health - 1,540 - Police - 21,787 - Dispatch - 3,487 - Streets 9,203 - Recreation - 8,388 - Ice Garden - 4,455 - Information Systems 7,492 - TOTAL EXPENDITURES $ - $ 103,101 $ 104,109 ;1 � John Worcester, 10:38 AM 6/29/99 , Moore Family PUD Date: Tue, 29 Jun 199910:38:53 -0600 (MDT) X- Sender: johnw @commons To: joint_depts@ci.aspen.co.us, all_city @ci.aspen.co.us From: John Worcester <johnw @ci.aspen.co.us> Subject: Moore Family PUD .The City Council approved the annexation ordinance for this parcel at last nights meeting. This means the area will be formally part of the City on July 7, 1999. GIS will, I'm sure, accomodate any requests for a new City map. John Worcester City Attorney Printed for Joyce Ohlson <joyceo @ci.aspen.co.us> 1 r-*. ?00%,, Woods.Julie, Woods., Moore Annexation Follow -up Mee To: Woods.Julie, Woods.Jeff, VanWalraven.Ed, Thomas.Sara, Soderstrom.Ross, Stephenson.Tom, Schickling.Rebecca, Sadler.Edward, Reid.Jack, Miller.Tabatha, Worcester.John, Krueger.John, Clarke.Lance, Hoefer.David, Overeynder.Phil, Adeh.Nick & ACSDoffc @rof.net From: Joyce Ohlson <ci.aspen.co.us> iawl "° Subject: Moore Annexation Follow -up Meeting Cc: Margerum.Amy, Millar.Stephanie, Oates.Sarah, Vos.Janice Bcc: X- Attachments: C: \home \JOYCEO \MooremtngSum.doc; Please schedule time for a follow -up meeting regarding the Moore Annexation to be held WEDNESDAY, MAY 19TH AT 1:30 P.M. IN THE SISTER CITIES ROOM. (For those of you who attend.our regular DRC meetings, this meeting will take its place.) The purpose of this meeting is to discuss any final issues which might need to be addressed in the annexation ordinance, prepare for the public hearing /questions from Council and gain clarification about the City's commitments once we annex this property. The public hearing re. the annexation is scheduled before the City Council for.May 24th. Lance Clark from Pitkin County ComDev will join us and assist in answering questions regarding the PUD approval. I am also trying to get Glen Horn, planner for the project, to join us. Attached is a summary I prepared from our meeting on April 15th. By now everyone should be familiar with the plat, approvement agreements, etc. associated with the PUD approval. If you wish to review any of the approval documents please come by the ComDev Department. Tabatha will email the financial component of the Annexation Impact Report. Thanks and see you Wednesday! JAO Printed for Joyce Ohlson <ci.aspen.co.us> 1 MEMORANDUM To: Nick Adeh, John Worcester, David Hoefer, Phil Overeynder, Jeff Woods, Sara Thomas, Jack Reed, Tabatha Miller, Lee Cassin, Ed Sadler and Lance Clarke Thru: Julie Ann Woods From: Joyce A. Ohlso Re: Moore Property Annexation and County Approval Documents & Meeting Confirmation Date: April 13, 1999 The meeting regarding the Moore annexation (Julie Ann emailed you about this on Monday) is a go and is set for Thursday, April 15th, from 9 a.m. to 11 a.m. Attached are documents relating to the County's approval of the development of the property and a draft annexation impact report. We ask that you review these documents in preparation for our meeting on Thursday. You will find that some of the materials provided may not pertain to your department responsibilities and are not necessary to read through. We have made an attempt to provide you with only those documents, or components thereof, which apply to you. A full file with all County and City documents are on file and available for review in the Community Development offices. John Worcester, 11:24 AM 98 , Moore Annexation Date: Wed, 30 Sep 1998- 11:24:01 -0600 (MDT) X- Sender: johnw @commons To: juliew @ci.aspen.co.us, tabatham @ci.aspe n jeffw @ci.aspen.co.us, jackr @ci.aspe From: John Worcester <johnw @ci.aspen.co.us> Subject: Moore Annexation Cc: amym @ci.aspen.co.us Just a heads up that I Moore property as soon as th annexation maps _comple week or so. C.-GC / �i � 50 will be starting the Pti� L O a- -'rdtn .co.us, steveb ci.aspen.co.us, n.co.us, nicka @ci.aspen.co.us Pln c 1 0• kr\ VI`r( 5ttr4 r — C an process fd/ r the __ owners sign the annexation petition. We have the -,'e(y :ed and they should sign the petition in the next The heads up is for everyone to be aware that we will eventually need an impact report to send to the County as the property involved is more than 20 acres. Seperate from that analysis, the City should be prepared to tell Council what the financial consequences might be if Council agrees to annex the area. Please start reading the Subdivision agreement which _Corn De_v can provide to determine how an annexation of this area night affect your department. Iam particularly concerned about the City taking over the responsibility fr ensuring that the conditions of approval are complied with by the developer. C.L1f_ VOS Sa�ct Printed for Julie Ann Woods <juliew @ci.aspen.co.us> 1 MEMO To: Rick. Magill, Community Development From: Ed Van Walraven, Fire Marshal Subject: Moore Parcel ID #2735 - 141 -00 -001 Date: July 3, 1996 Rick, I would like to reserve specific comments of a project of this magnitude until I get more information. However, in general this project shall meet all of the codes and requirements of the Aspen Fire Protection District including but not limited to the installation of approved automatic fire sprinkler systems, access, reliable water supplies and identification of properties. If you have any questions please do not hesitate to contact me. Ed S 1c&711 •' ,� ova r ��"JV r� • Ct, (3i, 5W Memorandum TO: Interested Persons FROM: John P. Worcester DATE: April 20,1999 RE: Annexation Process Aspen - 50 Years After Goethe Mind - Body.- Spirit .. . . . . .. . . . . . . . . .. . . . . .. . .. . . . . . . .. .... . . . . . . . . . .. . . . . .. . . . .. . . . . Several persons have asked that I provide an outline of the typical annexation process. The following assumes that it is an annexation initiated by 100% of the owners of the property proposed to be annexed. (There is a separate process for annexations that require an election.) Petition for Annexation is filed with the City Clerk. Four copies with attached annexation map. 2. Resolution finding compliance with certain provisions of the Municipal Annexation Act. This first resolution initiates the annexation process, determines compliance with certain portions of the Act (contiguity, etc.), and establishes a date for a public hearing. The public hearing must not be less than 30 days nor more than 60 days from the date of the resolution. If the property proposed to. {,: be annexed is more than 10 acres, the City is required to prepare and submit to the County an impact report within 25 days of the public hearing (secgnd resolution). The requirements of the . impact report are set forth at Section 31- 12- 108.5dA'8v t i 3. Resolution following a public hearing. The City Council holds a public hearing to 6 �-p 4 determine compliance with certain provisions of the Municipal Annexation Act. (No other petitions have been filed, access will not be blocked by annexation, school district lines not affected, property is proper for annexation, etc.) Following public hearing, City Council adopts resolution with findings of fact. 1 4. First reading of annexation ordinance. Typically this is held at Council's meeting next following the public hearing resolution. However, there is nothing to prevent first reading of the ordinance to immediately follow the public hearing and adoption of the resolution. 5. Second reading of the annexation ordinance following a public hearing. Determination to annex is entirely within the discretion of the City Council. a L I is 11 I Ll I I I 11 I I I Fax 970 945.4454 Phone 970945-79118 SUPPLEMENTAL GEOTECHNICAL STUDY ;, PROPOSED MOORE FAMILY P.U.D. NEAR ASPEN HIGHLANDS PITIGN COUNTY, COLORADO JOB NO. 194 498 JANUARY 18, 1996 PREPARED FOR J. AES MOORE FAMMY TRUST do DAVIS HORN, INC. &TTN: GLENN HORN 'S SOUTH MONARCH AS TNj COLORADO 81611 111111111. Fill 111111 IN 111111111111111111111111111 420407 Ot W1990 04;1810 PUD DRVIS SILVI 25 of 40 F, 101,00 D 0.00 N COO PITKIN COUNTY CO I 1111111 Hill HIS 111111111111111111111111111111111IN 420407 00/10/1998 04:19P PUD DAVIS StLVI 20 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO H-P GEOTECH TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY .............................. 1 PROPOSED CONSTRUCTION .. ............................... 1 2 SITE CONDITIONS ......................................... FIELD EXPLORATION ....... ............................... 2 SUBSURFACE CONDITIONS ... ............................... 3 ENGINEERING ANALYSIS .... ............................... 3 PRELIMINARY DESIGN RECOMMENDATIONS ..................... 4 FOUNDATIONS ....... ............................... 4 RETAINING WALLS .............................. 4 .. SITE GRADING ....... 5 ........................ PAVEMENT SUBGRADE ................................ 6 LIMITATIONS ............. ............................... 6 BORINGS FIGURE 1 - LOCATION OF EXPLORATORY FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 & 5 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS I 1111111 Hill HIS 111111111111111111111111111111111IN 420407 00/10/1998 04:19P PUD DAVIS StLVI 20 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO H-P GEOTECH �1 PURPOSE AND SCOPE OF STUDY This report presents the results of a supplemental geotechnical study for the upper portion of the proposed Moore Family P.U.D. loud on the Moore Property, northeast of Aspen Highlands Ski Area, Pitkin County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to evaluate the general subsurface 7 conditions and develop recommendations for development and preliminary foundation design. The study was conducted in accordance with our agreement for geotechnicai engineering services to James Moore Family Trust. dated December 6, 1995. We previously conducted a preliminary subsoil study for the lower portion of the proposed development and presented our findings in a report dared December 20, 1994, Job No. 194 498. The current study should be considered a supplement to our previous study. The field exploration program consisted of exploratory borings to obtain information on the overall subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine the classification and engineering characteristics of the on -site soils. The results of the field exploration and laboratory testing were analyzed to develop recommendations for preliminary design of foundations and roadway grading. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed construction and the subsurface conditions encountered. Geotechnical study of the individual lots is intended for the site specific development. Potential geologic hazard impacts have been addressed by- others and are beyond the scope of our work. PROPOSED CONSTRUCTION The proposed development above the Maroon Creek pipeline includes 24 single family lots and access roads with ski easements as shown on Fig. 1. We assume the residences will be one to two story wood fame structures above partial or full basements, typical of construction in the area. Grading for the roadways in this steeper sloping terrain is assumed to involve cut and fill section designed on a site specific basis. Water and sewer services will be provided by central systems. 111111111111 HIM 11111111 IN IIIII II!li1111 111111111 IN H-P GEOTECH 27 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO If development plans change significantly, we should be notified to reevaluate the recommendations presented in this report. SITE CONDITIONS The upper portion of the development was vacant and covered with about 'k to 1 foot of snow at the time of our field work on December 8 and 11, 1995. Moderate to steep slopes at grades between about 25 % and 50% are present in the current study area. Approximately 300 feet of elevation difference exists in the arcs with a general slope down to the north - northwest. The area is heavily vegetated with aspen trees and an understory of scrub oak, grasses and weeds. Evergreen uses are scattered on the lower portion of the area and become more dense in the tipper portion. Some of the proposed roadway alignments had to be cleared of am. I4t01FiT9►:�� The. field exploration for the project was conducted on December 8 and 11, 1995. Six exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight augers powered by a track mounted CME-45 drill rig. The borings were logged by a representative of Hepworth- Pawlak Geou=hWcal, Inc. Samples of the subsoils were taken with 1% inch and 2 inch I.D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D -1586. The penetration resist=s values are an indication of the relative density or consist=y of the subsoils. Depths at which the samples were taken and the penetration resistance values ate shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. Vill 11111111111111111 IN IIIII 111111 III 1111111 II IN 420487 08/10/19!8 04.19P PUD DRV1S SILVI 28 of 40 R 201.00 D 0.00 N 0.00 PI ?KIN COUNTY 00 1� 1� 1� �l 1� 1� I� 11 11 I I SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig. 2. The subsoils consist of up to 3 feet of topsoil overlying relatively dense, slightly clayey silty sand and gravel containing cobble to boulder size siltstone and sandstone rock fragments. Siltstone/sandstone bedrock was encountered in Borings 2, 3 and 6 at depths ranging from 11 to 141h feet below the ground surface. Drilling with auger equipment was difficult in the cobbles and boulders and cemented rock and drilling refusal was encountered in the deposits. Laboratory testing performed on samples obtained from the borings included natural moisture content and density, and gradation analyses. Results of gradation analyses performed on small diameter drive samples (minus i'A inch fraction) of the natural coarse granular soils are shown on Figs. 4 and 5. The laboratory testing is summarized in Table I. No free water was encountered in the borings at the time of drilling and the subsoils were slightly moist to moist. ENGINEERING ANALYSIS The geotechnical conditions need to be considered in the development of the upper, steeper portion of the property. Grading for roadways with cut and fill embankments and retaining walls will require engineered designs. The subsoils consist mainly of relatively dense granular soils overlying hard bedrock and should be suitable for support of moderate foundation loadings. The following recommendations are made for planning and preliminary design. We should review the preliminary grading plans and conduct additional analysis as needed for fuial design. 1111111111111111111 11111111111111111111111111111111 IN 420497 05/10/1998 04:19P PUD DAVIS SILVI 29 of 40 R 201.00 D O-.M N 0.00 PITKIN COUNTY CO H-P GEOTEcm PRELIMINARY DESIGN RECOMMENDATIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend buildings and other ` structures be founded with spread footings bearing on the natural granular soils or bedrock. Footings placed on the undisturbed natural granular soils or bedrock should be designed for an allowable bearing pressure typically in the range of 2,500 to 4,000 psf. Exterior footings and footings beneath unheated area should be provided with adequate ■ soil cover above their bearing elevation for frost protection. Placement of foundations at least 42 inches below exterior grade is typically used in this arts. Continuous foundation walls should be reinforced top and bottom to span local anoma►res suah as by assuming an unsupported length of at least 10 feet. Topsoil and any loose or ■ disturbed soils should be removed and the footing bearing level extended down to ■ relatively dense natural granular soils or bedrock. If water seepage is encountered, the footing areas should be dewatered before conciece placement. Additional subsoil evaluation and analysis should be conducted for the individual structures to determine ■ site specific design criteria. ' RETAIMNG WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 45 pcf for backiril consisting of the on -site granular soils (excluding oversized rock). Cantilevered retaining structures which are separate from the other structures and can be e.pected to deflect suf :ciendy w mobilize the fail active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 35 pcf for backfill consisting of the on -site granular soils. 1 111111 11111 111111111111111 IN 111111111 IN N 111111111 1 420487 08/10!1998 e4:19P PUD DAVIS SILVI 30 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY c0 i H-P GEOTECH All foundation and retaining structures should be designed for approprue surcharge pressures such as adjacent footings, traffic, construction materials a,id equipment. The pressures recommended above assume drained conditions behind the wails and a horizontal baekfill surface. The buildup of water behind a wall )r an upward sloping baekfill surface will increase the lateral pressure imposed on a foundation wail or retaining structure. A Z horizontal to t vertical backsiopr will increase the equivalent fluid unit weight by about 15 pcf above the flat backs ope condition. An underdrain should be provided to prevent hydrostatic pressure buildup behind walls. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation material:. and passive =th pressure against the side of the footing. Resistance to sliding at he bottoms of the footings can be calculated based on a coefficient of friction of 0.50. Passive pressure against the sides of the footings can be calculated using an equivalent fluid unit weight of 400 pcf. The coefficient of friction and passive pressure values recommended above assume ultimate soil strmgth. Suitable factors of safety should be included in the design to limit the strain which will occur at die ultimate strength, particularly in the case of passive resistance. Fill placed against the sides of the footings to resist lateral loads should be compacted w at least 95% of the maximum standard Proctor density at a moisture comnt near optimum. SITE GRADING The terrain in the upper pardon of the development is relatively steep and there is a risk of cut slope construction instability. In general, the grading for the individua buildings and roadways should be limited to reduce the risk of instability. Cuts may encounter large boulders or bedrock in this portion of the development that may require blasting. Structural embankment fills should be compacted to at least 95% of the maximum standard Proctor density near optimum moisture content. The on -sire granular sails and well broken bedrock materials, devoid of vegetation, topsoil and i11111111111 HIM 111111111111111111111illIIII 11111IIII 421407 09/10/2898 04:19P PUD DAVIS SILVI 31 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO H-P GEor-CH oversized rock can be used as structural fill. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation and topsoil and compacting to 95 % standard Proctor density. The fill should be benched into the portions of the hillside exceeding 20% grade. Permanent un;erained cut and fill slopes should, be graded at 1l/1 horizontal to 1 vertical or flatter and protected against erosion by revegetation or other means. Slope heights should be limited to about 20 feet. The risk of slope instability will be increased if seepage is encountered in cuts, and flatter slopes may be necessary. If seepage is encountered in permanent cuts, an investigation should be conducted to determine if the seepage will adversely affect the cut stability. This office should review site grading plans for the project prior to coitsnuction. PAVEMENT SUBGRADE The natural subsoils at the site, below all topsoil, should provide a stable subgrade for roadway construction. Flexible pavements can be designed for an assumed Hveern "R" value of about 40 based on the classification properties of the slightly clayey silty sands and gravels. The on -site sands and gravels,,excluding organics and oversized ruck can be used as fill under roadways. LMMATIONS This report has been prepared in accordance with generally accepted geotechnicai engineering principles and practices in this area at this time. We make no other warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the Iimited exploratory borings drilled at the locations indicated on Fig. 1, the proposed development plan and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If 111111111111 HIM 111111IN 1111111111111111111111 IN 420457 00/10/1998 04:19P PUD DAVIS SILVI 32 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO H-P G9wWH e"* conditions encountered during construction appear different from those described in this report, we should be notified so that re- evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on -site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geoteebnical engineer. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. M Steven L. Pawlak, P.E. JZAJkmk cc: Schmueser Gordon Meyer, Inc. - Atm. Ron Thompson I It1111If111111111111111IN 11111111111111111111111111 420487 08/10/1888 04:18P PUD D#VI5 SILVI 33 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO H-P GEOrEOn 4 ( W a /� � H r } •' } 1 J l U•U �� g W DE � � , \�e`'• `` \�'�1 � �� of g' lit as 100 cci o ' `'4 \ i$ WW W7 ` WW HI yJJ� i x 6u1DM1tl 04; 1, J P \ \ 4 J 4 4� W 111111111111 IN 11111111111 Ill 11111 IIN 1111 x 420487 08/10/1088 04 :10 PUD DAVIS SILVI 34 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO i r a f i n O Ln G a S t N T pCM i -%0 u _-u -o O.0 %a W NO m ayC N O CCa1 tv Y n NS C6 1 NZ /- > O u O lip Iasi - gzdaq 8 N V1 0 O N M M d x J 0 r a w 0 a V O w J .a G x R1 .a 0 Z N 194 498 ncrwvn l n- r+rwuan 1 ' Logs of Exploratory Borings Fig. 2 GEOTECH11IM lnc. M O T 1 it O N _ U7 •O N - is O T a N -G ,O = S N �. �C i � 10[t an M If1 S I Eo �M > r m O. T � N n O cli v to O 0 � TN M O O o am ��1 N N LrI N N d 9 t/"t 00 U a .. W I� 00 n N N \ � m LtY a S t N T pCM i -%0 u _-u -o O.0 %a W NO m ayC N O CCa1 tv Y n NS C6 1 NZ /- > O u O lip Iasi - gzdaq 8 N V1 0 O N M M d x J 0 r a w 0 a V O w J .a G x R1 .a 0 Z N 194 498 ncrwvn l n- r+rwuan 1 ' Logs of Exploratory Borings Fig. 2 GEOTECH11IM lnc. N O T O N it CO U7 S O N - is O T a N -G ,O = S N �. � 10[t an ? fr a S t N T pCM i -%0 u _-u -o O.0 %a W NO m ayC N O CCa1 tv Y n NS C6 1 NZ /- > O u O lip Iasi - gzdaq 8 N V1 0 O N M M d x J 0 r a w 0 a V O w J .a G x R1 .a 0 Z N 194 498 ncrwvn l n- r+rwuan 1 ' Logs of Exploratory Borings Fig. 2 GEOTECH11IM lnc. N O T it It1MO O if 1 U O T -G +N c 10[t an ? L r m O. T � N n O cli to Y` O am ��1 N N d ti a .. W I� •!: J: a S t N T pCM i -%0 u _-u -o O.0 %a W NO m ayC N O CCa1 tv Y n NS C6 1 NZ /- > O u O lip Iasi - gzdaq 8 N V1 0 O N M M d x J 0 r a w 0 a V O w J .a G x R1 .a 0 Z N 194 498 ncrwvn l n- r+rwuan 1 ' Logs of Exploratory Borings Fig. 2 GEOTECH11IM lnc. I I ..4. .. t - moist, dark brown. ®SAND AND GRAVEL (SM -GM); silty, slighty clayey, with cobbles and boulders, medium dense to dense, slightly moist, reddish brown and red. Siltstone /Sandstone rock fragments. ISILTSTONE/SANDSTONE; hard, dry, red. fj Relatively undisturbed drive sample; 2-inch I.D. California liner sample. Drive sample: standard penetration test (SPT), 1 3/8 -inch I.D. split spoon sample, ASTM 0 -1586. 24112 Drive sample blow count; indicates that 24 blows of a 140 -pound hammer failing 30 inches were required to drive the California or SPT sampler 12 inches. Practical rig refusal an boulders or cemented formation rock. NOTES: 1. Exploratory borings were drilled an December 8 and 11, 1995 with a 44nch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by imerpoiation between contours on the site plan provided. Exploratory borings are drawn to depth. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. S. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the borings at the time drilling. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC= Water Content (%) 00 = Dry Density (per +4 =Percent retained on No. 4 sieve -200 = Percent passing No. 200 sieve 194 498 Inc. 1111111 Hill 11111111111111111111111111111111111 fill 1111' 420407 06/10/100a 04 :101& PUD DAVIS SILVI 3e of 4e R 201.ee D 0.00 N 0.00 PITKIN COUNTY c0 Legend and Notes Fig. 3 e s w r i =AV ro a,r -"a wt>twa son I cwnac ��Rl!! WAVEL 26 x SANG 40 n SLT AND a AT 34 � u=10 uwr * PLAEnCM INO= s S+wngos Silty Sand with Gravel mOµ Boring 1 e 8 Feet vATto OM =AV& 25 x SANG 38 x Sa.TAMCLAY 37 x UOUID uwT % "AsnCRY IMO= x SARVLe0► Silty Sand with Gravel omm Boring 2 e 4 Feet and 8 Feet Combined 194 498 cacr ��vniri-rn��u+7� I GRADATION TEST RESULTS I Fig. G l 1111111111111111111111111111111111111111111 Hill 11 IN 420487 06/30/3996 04119P PM OWLS S1LV1 37 of 40 R 201.00 0 0.00 N OAV psum COUNTY CO f =AV ro a,r -"a wt>twa son I cwnac ��Rl!! WAVEL 26 x SANG 40 n SLT AND a AT 34 � u=10 uwr * PLAEnCM INO= s S+wngos Silty Sand with Gravel mOµ Boring 1 e 8 Feet vATto OM =AV& 25 x SANG 38 x Sa.TAMCLAY 37 x UOUID uwT % "AsnCRY IMO= x SARVLe0► Silty Sand with Gravel omm Boring 2 e 4 Feet and 8 Feet Combined 194 498 cacr ��vniri-rn��u+7� I GRADATION TEST RESULTS I Fig. G l 1111111111111111111111111111111111111111111 Hill 11 IN 420487 06/30/3996 04119P PM OWLS S1LV1 37 of 40 R 201.00 0 0.00 N OAV psum COUNTY CO s a 3 Y CLAT To 30.1 soft wnw.. 4UMM Iwo : COMMA 'GQM0L= =Ava 32 s 3"o 36 s ERTAND=Air 32 % W=io uuir ° PLAsrntsrr:ND= s"Ka os Silty Sand and Gravel Fwu Boring 3 @ 8 Feet and 13 Feet Combined 09AUF n DP PANFlR& M CiAT To SILT mava 48 a SANG 29 +r MW AND CLAT 23 w uoum LIMIT s PiAsncm:NDEx % sArwILF DR Silty Sandy Gravel maM Boring 4 @ 9 Feet and 14 Feet Combined L 9 498 GEOTECHNICAL. inc. 11111 GFlAQATiaN TEST RESULTS I Riq. 5 1 1111111111111 IM 1111111111111111111111111111111111111 ` 420487 08/10/1998 04:19P PUD DAVIS SILVI # 38 of 40 R 281.00 D 0.00 N 0.00 PITKIN COUNTY CO �� N 0 w 2 m 0 IIIIII (IIII IIIIII 420467 00!10/1 39 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO Q f cn cn W 0: y = V7 U U1 w H } cc WU C7 L Q Y m m 3 a CL. c p 3 a O. LiJ y IIIIII (IIII IIIIII 420467 00!10/1 39 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO 986 04:19P PUD DAVIS SILVI b y y s A A N N N N o g° H H 3 3 3 H H m m > > > > r N d y f fA w w m a a7 N N m m m m T w w 61 w T N a 3 i s � i Y r r 3 r r $ t t0 d d' h h t t0 IN c cn h h r r• lag t to l lD C C! Q Q N N N N l l7 R R Q c cm c c N N r 4 r < u �= N N N N M M Q a � Q o yt o N O Ol m m D D N N r rf 0 m m h h m m f f0 h h h h a m C . N Do C - -' a m m m ' '6E m m <a �Ci m mC� C C)U y IIII 1111 IIII 111111 I IIII 111111111111 I The Voore Family PUD EXHIBIT Ptan13_List for Development South of the Flume j Botanical Name Common Name :Trees i Abies concolor i Fir I I Abies lasiocarpa ; 5ubaipine fir i Acer ginalla i Amur Maple Pice�ungens - - Colorado Spruce Pinus aristata ; Bristlecone Pine j ;pinus e4u0s . i pinon Pine ! -Pinus ponalcross 1 ponderosa Pine — r Populus tremuioides ! As Prunus virglniana _ ! Chokecherry V Pseudostuga menziesff i Douglas Fir ^� 5orbus aucuparia I Mountain Ash 1 .5orbus scopullna I Mountain Ash ICotoneaster acuttfolius i j Peking Cotoneaster j 'Shrubs ! j � { :Ater glabru ' Rocky Mt. Maple j Amelanchier app. i 5erviceberry Aroma arbutifolia ; Chokeberry Artimisia tridentate Sage ICercocarpus montanus 1Mt. Ma ny i ICotoneaster acuttfolius i j Peking Cotoneaster j 1Euonymousalatus Burning Bush i Juniperue spp. Juniper varieties Lonicera tartarica ! Honeysuckle Mahonia Mahonia Potetttilla spp. i Potentilla varieties I Rhus glabra clemontana i Rocky Mt. Sumac Ribes alpinum ! Alpine Currant Rosa Opp. Shrub Rose varieties Rosa Woodall Woods Rose Rubus parviflorus Thimbleberry ziampueus puvcne Waerverry 5orbaria sorbifoila False 5pirea 5vmohorieardos sno. 5nnwberry varferrea 5yringa spp. 'Lilac varietle Viburnum opulus Cranberry Bush Viburnum trilobum American Granberry. Notes: ;1. Each residence shall have an allowance of 5.000 sf of sod. 2. This list does net preciudeperennials and groundcovers. _� mm� Po V 1++ r O A_ P •• mew a -V� mv� e °ate V M "V1� 7C H zi c—� II MOORE FAMILY PUD CONSTRUCTION MANAGEMENT PLAN Overview EXHIBIT "Ell In preparing the procedures and measures to be incorporated in the construction process for the Moore Family Planned Unit Development (PUD), it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the Moore Family PUD improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. Typically, TDM will principally deal with mass transit incentives and auto disincentive. However, other ideas have been investigated relative to TDM -and the construction process. outlined below are several measures the project proposes to implement as a part of the construction process. Travel Demand and Traffic Control measures During the construction of the Moore Family PUD the following TDM and Traffic Control program will be in effect: o Delivery of construction raw materials.will be prohibited during the peak traffic periods. This will limit such delivery access to Moore Family PUD from 8:00 a.m. to 8:30 a.m. and from 2:50 p.m. to 3 :30 p.m. The exception to this will be scheduled concrete pours that are time- sensitive due to the quantity of concrete being placed or poured at one time. Delivery times may be altered at the discretion of the County Engineer. o Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. Signs on County roads shall be provided by the developer and installed by the County. o Subcontractors will be issued a limited number of parking permits for their workers. o General contractors will be required to provide a parking plan with their individual construction contracts. o Contractors will be required to provide van - pooling or car- pooling programs as a part of their construction contract. Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. ������ Ilfll lull illlll lIII llllll IIIII ��� ������� (I IN 420488 08/10/1998.04:21P SUB IHPR DAVIS SILVI 23 of 41 R 206.00 B 0.00 N 0.00 PITKIN COUNTY CO W /000%� hours in advance of the scheduled occurrence, and obtain written permission of the County to do so. o There will be no construction or materials staging, or short- or long -term parking on any public land in the immediate vicinity of the development, including, but not limited to, the Aspen School District campus, Iselin Park and the LDS Church, without the written consent of the land owners. o All contractors will be required to notify public and /or private utility companies at least forty -eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty -four 924) hours prior to interruption. o Notice will consist of the contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a local newspaper or a public announcement on local radio, or any combination of these as may be appropriate. o Neither the owner or his contractors shall stop or flag traffic on any public road without having a traffic control plan approved and in place. Any flagging or traffic control shall be done by State certified flaggers. No signing shall be placed within the public road right -of -way without the prior approval of the County. Noise Control for construction Eguinment • The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement ordinance. • All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. Construction Materials staging and Parking o There is to be no construction or materials staging, or short or long term parking on any public land in the immediate vicinity of the development, including, but not limited to, the Aspen School District Campus, Iselin Park and the LDS Church, without the written consent of the land owners. 111111111111111111111111 IN 11111111111111111111111 IN 420488 08/10/1888 04:21P SUB IM DAVIS SILVI 24 of 41 R 206,00 D 0.00 N 0.00 PITKIN COUNTY CO o To the greatest extent possible raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (for example gravel). o A site traffic /delivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. o The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. o Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriff's office, the School Superintendent, the Pitkin County Engineer, and the Developer to review the construction season work program and address any concerns raised during the previous construction season. In addition to the above measures, Moore Family PUD will plan and implement the following programs: Fucitive Dust Control Plan o Dust control will be implemented from start to finish of each construction season until the project is complete. o Contractors will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. o Contractors will also be required'to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust- laying equipment and methods as may be required. o To the greatest extent possible raw material deliverers to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. Any mud or debris carry- out onto the public roads will be cleaned on a regular basis, during the construction of the public improvements. o Cleaning shall be done as necessary, at the direction of the County Engineer. Public Notification Plan o If it becomes necessary to re -route traffic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detour(s) at least twenty -four (24) 11 111111111111111 {111111INIIII111111111 III 1111111it1111 420488 08!10!1998 04 :21P SUB INPR DAVIS SILVI 23 of 41 R 288.00 0 0.00 N 0.00 PITKIN COUNTY CO W sa o Temporary construction and materials staging and employee Parking shall be located in the area depicted on Exhibit G Erosion Drainage Control Plan o During construction the owner /developer shall follow the Erosion, Drainage Control Plan in Exhibit F Moore.CMP 11111111111111111111 IMF 111111INI111111111111111111111111111 420406 08/10/1998 04:21P SUB 1MPR DAVIS SILYI 26 of 41 R 206.00 D. 0.00 N 0.00 PITKIN COUNTY CO �y MJ~ mom s_,, z d �_ 0 —ele�° u"f z �N i Om �e v C-4 N 420468 08/10/1998 04:21P SUB I"PR DAVIS SILVI 28 of 41 A 200.00 D 0.04 N 0.09 PITRIN COUNTY CO ...... .... -- — ---------------- COP c? O Q 4a, /.. /��` 0 42, 0 41 J moo' ;� IL tu OU ILL T \D z LLJ a- < I ul IV OL z JU 3: z �- S � EXHIBIT H On Demand Dial -A -Ride Transit service Plan The Moore PUD and Aspen Highlands Village will join together to operate a dial -a -ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door -to- door delivery system and will service trips to areas neivr Aspen - Transportation service will be provided to the City of A;:pen core area and to the airport. The following sections propose a preliminary operations and service plan, and describes the vehicles to be used. Some operations details will be finalized when the service has been established. Operations Plan The system will be operated in a flexible manner to maximize convenience for riders, service levels will be tailored to demand to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated after all the certificates of occupancy have been issued for the affordable housing units in Phase 3 of the Moore PUD. This will coincide with the initiation of dial -a -ride for Aspen Highlands Village. The fleet of vehicles and service may be expanded as the developments grow, Service will be provided to the two areas illustrated by Figure 1. Vans will operated on a fixed schedule with pick -ups in, the center of Aspen every one -half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD the vans will drop off and pick up passengers at their origin or destination. During the off -peak seasons services will be reduced to match demand. During the peak season(s), Route # 1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one -half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street /Hyman Avenue, Cooper Avenue /Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one -half hour headways at the checkpoints. The second destination, Route # 2 is the Aspen - Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time.. service Plan 11111111111111111111111111111111111111111111111111111 IN 420488 08/10/1998 04r21P SUB INPR DAVIS SILVI 29 of 41 R 208.00 0 0.00 N 0.00 PITKIN COUNTY CO Service plan Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. statistics regarding ridership for the previous year; 2. .Instances involving standees and missed trips, or trips requested but not provided; and 3, statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the levels service may be made. vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local . mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. 111111111111 HIM I1IIIII 1 1111111111111 111 111111111 IN 42e4u 0a/18/1998 84 :21P SUB INPR DAVIS SI4VI 30 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY CO W cost W The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. 111111111111 IIIII 111111 Ill 11111111111111 1111 11111 IN 420488 08/10/1998 04:21P SUB INPR DAVIS SILVI 31 of 41 R 205.00 D 0.00 N 0.00 PITKIN COUNTY CC Moore.dial EXHIBIT' The Moore Family PuD Landscape Goat Estimate ... f— _- .I. Paae one,! This estimate of ercti!Ne cost of constructi C represents Kiernan De; gn Studios best professional I.Iyogement. it does not nowever,_constitute warantee or representae xi that actual bids will not vaN from ^ this estimate, no matter how carefully prepat d. This estimate does nc include ro ghyrading_ sgnage, fenung, outdoor II h9 Linp_Cap fees, i, derpaso construction, or and5caping for the 33 acre out�rcel. The irrigation estimate will not be accurate u al a system has peen des fed land accurately costed. Iltem / Task / Plant Coml, ents unit i Ought it unit Gast unit Total PHASE 1 �IrYr�tion pump and_._... Allow rice Lump um I _ S5500000_ rSystem roon Greek Intersection / Entrant e Corridor (Note: grad.iw,,topsoil and reve etatl -n costs are included it the Lower Meadow cost section.) T $175.00 ted 1' cal __. _ 83 $6225.001 5erwceberry.. 5 gal. - v-.__ .. 10 $30.00. $300.00; Ponderosa Pine 10' 1 191 5450.00 $8550.00 Ponderosa Pine __- 12' _ .,, _ _9 _ Sb00.00 . $5400.00 ` Colorado 5pruce 10' - „'7 $500.00 ,._$5500.00 Colorado: Spruce 12' 1prip, ,.,. -1 S'100.00 _ . $4900.00 ver plant .125 $12,00. __$150000 Retalnincl .. .,,Alloµ !nee _,. _ $10000.00 _Boulder _gUBTOTl4LL _ I _ _ $405-15.00 _.... 1GIen EN--le-5 Dri ve - Ch � 5 al. ... ..� _ 9 - -.. 40 530.00 ._:_ ....._ _ _51200.00 chokecherry BdB 3 -4' 20 $9000 $1800.00 Serylceberry- 5 GaV 50 $30.00 $1500_00 f __ _ Ponderosa Pine _ 10' .8I $450.00 $9600 DO Ponderosa Pine 12' .5. S600.00 8480000 Irrl9atfon per plant .� _ 126 $12.00 $1512.001 ,Drip Revegetation _ - 5F ,._ 110000 0.16 $1]600.001 _ �% 13000 0.15 $6250.00 /spread topsoil on Site ' SF q _ 150000 0.12. SUB � - $63463.001 _.__... ..__..�.. ........ _...... ILower Meadow Area Roadbide V�etat ion (ASsuoes W revegetation on either side of road_)____' Reve9etation ,. ;Native brasses 5F "!00000 $0.16• _S712000.00j i- Or ag nic Amendment ., 3 GY 5F 5F _ 350000 $0,151 _ __' $5»2500.00 . pt00 Fine Gradin /, read To soil 1/1 Topsoil on site 5F j_ —.. 9: � —... p $50000 $0.12 1 $42000.00 SUBTOTAL _ 2206500.00 -__ _ _.. IIIII HIM 111111 !III 111111 IIIII III IIIII IN IN 420480 08/10/1998 04:21P SUB INPR DRVIS SILVI 32 of 41 R 208.00 D 0.00 N 0.ee PITKIN COUNTY CO The Moore Famlly !!up Lot 1T organic Amendment i5 read Tapsoll _ —_ _ Mire Gradin $00dq_d _13luegrqs_5 lrqgatiom Allowance 5UPWTAL jLot 18 Awn ftva etation Organic Amendment Fine 6r Seeded Bluegrass __ rrAation Allowance 5LOTOTAL N 1/28/q7 _Page Two. Lot Collected V cal... 51100 Native Grasses $4144.001 5 CY 1000 BF Native Grasses 5F 6760 $0.16 $1051.60 50Z 150Y j5F 4000 $0.15 $6,00.00 Native Grasses t/1000E�F pR5pii on site Isr 4000 5832.00 $5000.00 5F 500.0 10.06 $49!0-00 SF_ $0. 1 6' $195,401 Does not top To oil Sprqq5j� $3000.00 Lot Collected V cal... 51100 Native Grasses $4144.001 5 CY 1000 BF 6F $49.110 1/2 topsoil on site F, I.Colleated 50Z 5F saorj 5F Does not include tap 2455 Lot jl 1.1 Cal. 51100 s0 161 $4144.001 3275 S0.1.5— $49.110 4175!_.- $0.06 I.Colleated 50Z 8357 -- saorj .4001 $501; 42 2455 Native Grasses $0.16 $592.50 so.ir, 5832.00 $5000.00 5F 3167, Lot jl 1.1 Cal. 'Native Grasses $0.16 5 Gy /.1000 6F ILE_ sr $Ol-- A5pem.___. '9F $0.06 I.Colleated 50Z $0.061 $'75.00 .4001 $150.00 Revqgetqtion Native Grasses 5F 52001. so.ir, 5832.00 5 CY / 1000 SF— 5F 3167, $475.051 To oil Sprqq5j� on site SF $0.06: slaaocl tine r- Ing BF &o0o _$0.0&. $560.00 _9� edled Bluegrass ------- 4 --- '5F r�.Igation Allowance ... .. .. 1poec not include de tap-.- $5000.001 Lot 20 Aspen, _Re vejetation ___�qrgamI6 Amendment Spread Tamil Fine (Sradini 5 ee dad Slue rass Irrigation Allowance SUBTOTAL 111111 IN 11111111111 Ill 1111111111111 420468 08/10/1098 04:21P SL19 IMPR DAVIS SILVI 33 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY CO jl 1.1 Cal. 'Native Grasses $0.16 5 Gy /.1000 6F ILE_ sr $Ol-- 1/2 to soil on site '9F $0.06 W $1.00 50Z $0.061 sabq.00 .4001 lSF 5F J Does not Includ 111111 IN 11111111111 Ill 1111111111111 420468 08/10/1098 04:21P SL19 IMPR DAVIS SILVI 33 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY CO $0.16 $5100.16 $Ol-- ZZ;—Irp� s000 $0.06 W $1.00 50Z $0.061 sabq.00 .4001 W*16 _ $3000.00 111111 IN 11111111111 Ill 1111111111111 420468 08/10/1098 04:21P SL19 IMPR DAVIS SILVI 33 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY CO li;4 Moore ra--ni i hA Pun PLd_p"pe rost, Estimate pie Thre I -, -.. e �qg - -- Item /,Task /Plant __ r-or-11m ants 4yMit. �-quantltq.. lunitc4st I unit Total !Collected_ 1" cal. I 5 S-75.00I $225.00 Ponderosa Fine $1&0.00 Rev Native &rasses- sr- 5550 $O , 16 $556.00 Cgonic Amendment 1000 5r ISF 5291 $0.15 $493 psoll On site P250 $0.96 $195.00 Fine 6radi SF ssqo00 P Luegras-s .... 1-�rerlqatloq SF- 115( soir'l 154,00 Allowance t include tap ..-Ipqqs $5000.00 Lot :2 2 ... - .. - I ._. - - - - - I Collected V cal. 3It $75.00 $225.00 Rey a 1n Native Crasse 9 dPF - .9100! $aul $1136.00 Organic Amendment 5 CY 1000 517 -n 5F 5512 - 1. $0.15 $5,71.60 .Spread Tqpsoil 1/2 topsoil 0 ... te site f SF- 4000 $0, 1 0 - 01. $240.00 . --* --- - . Fine rradnj SF - 50001 $0.0c j - jt 450.P0 Seeded Bluegrass SF $144.00! Irffigation Allowance Does not include tap..] $5000.00 5us-roTAL I Lot 2a As en Collected I' cal. C, $15 . 001 $450.00 j N i rasses it!at XSJSI 5F 6582_. so. $1053.12 --grag-Mic Amendment 5. C -Y 1000 5r 4q4O -- .1 _�q 15. !V741 qO Spread Tqpsoll 1 1/2 topsoil on site 15F 5F 9640 $0.06 Fine Gradln 54521 50.06 -'$350.401 $505.412 i seeded Bluegrass 5F 16501 $0.16. $2 rrIgation Allowance not include 00 1 SUBTOTAL -_(Does $65,16,44 Coilected V: cal. 11 $15.001 $525.00 1 IKqtlye qraskqs I 5r 4100 $0.161 $1436.00 OrAqnic, Amendment. ... Y/ 1q0q SF -. ISF - (02051 $0-15 -- -, - sqw.-Ts! -.5eread Topsoil- topsoil on site �.1/2 top - -- I.SF '7105 $0.06 $42( .ZlO Fine Gradincl I F. 11000 $0.061 $660.00 • 1900 $0.16 $504.00 _jrriggion Allowance III _ got Inr 4ns lude tap $5000.001 420498 00/10/1098 04%21P SUB IMPR DAVIS SILVI 34 of 42 A 206.00 D 0.00 N 0.00 PITKIN COUNTY CO Landsuree Cost Estimate I _ Page Four Item / Task / Plant Comments .'Unit Quantltg (Unit Cost Unit Total ITOTRL PFIA5E 1 t 53e9953.asj I_. PHRSE 2 jUpper 5ench Area (Does not include spread topsoil)I I ReveaetatiOn Fall seeding, no Irrl[�._5F _ — 256604 — $0 .16 541056.64 FFine Gradln4— SF I 256604 50.06 575396.24 Boulder retaining allowance,___ „ Asher conditions_ LS _ _ I 58000.00 Erosion control mat _. For slopes mm 21 I5F 256604) _ 50.251 _ 564151_00 _ SUBTOTAL _.. _ —. ..L__... l I 5128605.881 ski Lift (100 wide corridor assumption) Revegetation — -Fall seed, . n0 irrig._ 5F 2900001 0_16 $45200.00 Fine.grading /spread topsoil -�1/2 topsoil On site j5F 2?0000 0.06 516200.001 Or a men .,, a_:GY /1000 SF 5F 1950001 0.15. SU6 OTAL T�ment - -- „ ,_. _$20250.00 1_599650.001 *kl Glub Parcel .Revegetation _ Fall seed no Irrig. 5F 90000 0.16 Fine din toil - - _1 t/2 topsoil_on site r5F _ 90000 _,$1120000 0061 Organic amendment --- 3 GY / 1000 5F 5F 350001 0.15 _ $5250.00 . 5UBTOTAL .� .__ _t $20650.001 (Parking / North School Entrance —Lot Aspen Ilected _ 1 j_ 1 - -- - 1 Ir Seeded Blue rass 5F� 18g5OI$ $061 $3032.001 1 Revegetation___ 5F - ,.,1209981 _. _ 0.16 1935q.68 Flne grading / 5pread 011 _ I 139948 $0.121 516993.96 i Organic amendment _.._ i _ .. ...__ ._._ ___... 6g994� $0,15 _$10496_70 Irri _ _ I Dr�iant I _ _ 0 1 54980.00 5U6TOTAL Affordable. Housing Lots.. 1 9 (Figureon,55,000 DO per lot allowance) l._.. Landscape Allowance _q 55000.00(_ 545000.00 SUBTOTAL .� r 45000.00 111111111111 HIM 1111111111111111111111111111111111 IN 420488 0a/10/1898 04:21P SUB IMPR DAVIS SILVI 39 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO T N The Moore Fanilij PUP ILandscap_e_0ost Estimate Item / Task / Plant I ,. -,. Comments .Unit __7/2e /err -I -„ - .j -- .. -- Page Five awantity Unit Gost Unit Total Glen i<sales Affordable Housing Lots 10-16 _ (Assumes 820 5F footprint house.) Hot 10 - -AS�n_ _ _ - I _... Golleded Collected . -_ 1 cal. I1 121 575.00 1 - $900.00 PondeYOSa, Fine- _ _6' _, _, 4 -I_ 5160.00.. - -._ _5640.001. Revegetatlon jislative Grasses _- .f 5F . 1 5275 SO.16I_ 5844.00 Organ -Ic Amendment _ _ 5 GY / 1000 5F SF _ t5F _ 3087 -- $0.15 -- I --. 5463.05 - -- - SprreadTop50il 11/2 tO�SOII on Site 50_571 $0.06 $155.221 - _- Fine,GraAinc I., _ SF. _ _I 6175 $0.06T ..,$370.501 __ E455 I, 5ee�ded_BWe 5F 900 $0.16 J _ trri tlon Allo wance _ 1Doe9 not IrGlude -tap_[ _ 000.00 $3000_00 11. ILot L Revegetatlon Native Grasses _69361 50.161 $110916 Organic Amendment I5 GY / 1000 5F ((5F _I.5F 5416 $0.15 555710 .- SpreaA Topsoil - _ . -L1/2 topsoil on site _ _- 5F _ I __ .39181 -,,. 50.06.x_, . $235.06 [_.Fine bradin� -- 5F 78361 50.06 _.$470.161 - Seeded Bluegrass . _... .__ L. - . ._._. ._. 15F 900 50,16i_ _5144.00 Irr!gation_Allowance Does not include ta�7 53000.00 _ _ - SUBTOTAL T _I _.I -. .,- 1 ._. ,.. _ I $5546_.70,1 I. ILOt 12 _ _ i _ Re_vegetatiOn [Native Grasses 15F 6242 $0.161_ 5996.72 Organic. Amendment .5 -CY / 1000 5F I5F 55711 ._.$555.65 Spread Topsoil_ 1/2 topsoil on site SF 1 35711_ $0.06 5214,261 Fine 6radin� I �.SF I -7142 $0 - _ _ Seeded Bluegrras5 _ .__ _ _. __... _ ._. 5F ._ ... 9001 -.061 $0.16 _5428.521 $144_00 IrYig_atlon Allowance [Does not include tap (. _ j $_5_000_.001 f suBTOTAL 1 - 55821.15 Lot 13_. - 1 Or gaG Amendment ._- [ 13 GY / 1000 5F I5F „4104 „- $0.151 60.i „_ Spread To75ol1 -. - -,. -Fine 2 Co_p8oll on site _. 15F. -_„ 41041 $0,061 46,24 ., Fine Grading -._ .... -_. _. - .... ._.. _.. _.. 5F �I ._. 52081._. $0406 .. tt _$492.48 _I5F_._.. . ! -. _:. 4001 _ $0.161_., $144.001 ., trrig_ation_Allowance,., jnoe5 not include tap -� $5811.60 111111111111 IN 11ll01111111111111111 IN 420408 08/10/1098 04s21P SUB IMPR DAVIS SILVI 30 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO The Moore Famll Pui� 1 '1/28 a-r LL.andscape Cost Estimate pa a 51x � 3 lunit I I Item / Task / Plant '' Comments Quantltu l unit cost Unit Total ,Lot 14 ;_ReveaetatlOn _ _- Native Grasses 5F 134541 50.16 s215-t.44 _Organic Amendment _ C5pr2ad _ 15 cY / 1000 5F ._ ,.. [5F '7142 _50.1 - 510'18.80 1 To�5011 1/2 topsoil on site 5F "11-121 $0.06 $_431.52 I Fine GradinL _ _ 15F j 14384 $0.061 _. $869.04 -.... .. _..p SF 900 SO.16� - $144.00 Irrl a_ Allowance - Allowance Does not include to -- - --. - ._... - ..... 53000.00 5UBTOgn AsRen 1collected- 11' cal. 4' $75.001 5300.00 ., Revegetatlon Native Grasses SF 52001 $0.16 $532.00 Organic Amendment 5�read Topsoil I3:cY / 1000 5F _ _ SF _. I 3050 50.151. $45T 50, _ _ _ 1/2 topsoil on site 5F 5050 t2.06'. $183.001 Fine bradm� —. -. _ .. .. _.. I SF -., 15F .6100 Sao _ $566.00 -- . seeded Blueyra5s _.�.. _400 T__ .$0,16 _ $144.001 — Irrioation Allowance �DOes not include tai _ $3000.00 SUBTOTAL 1 F - - -- 11" �..__ A _s en . p._- 1 _.. Collected ,.. cal. _... - 12 _ Ponderosa Pine - __.... - °-- ... 6' _.._ ._. ._ 9 1 $160.001 $160.00 __..$450001 Revedetation Native Grasses or 1 8077 $0.161 $1292.321 [gamic Amendment T3 cY / 1000 5F 4488 $0_15 $613_20 Spread Tppsoil 1 /2.topaq!l on site 44581, $0.061 ,!5F _ Trine CGradingT _ - _ - 5F . _ 8477 $0,06 $538.62 Seeded Bluegrass ..- -- -..... _ I 5F ._. ..� ._.. 900 $0.161 _ _ $744.001 Ir�igatlon Allowance not Include tap,.i.. 1 $$000.00 SUB OTAL - DDoes r- 1 �LOt 25 _. I .. _. .. ..._. .._._ .._._. „ Aspen,._ _,.1. . __._„ - .. Collected. -__ _ 1" cal. _., - 51 _ $15_00 -_ $3_15.00.1 „ Ponderosa pine ...__. ._. 16', -� 1 $160.001 $160.00 ReV leetation Native Gra5se5 5F 83041 $0-16_ $1328.641 _ 1_ OYaanfG Amendment_ 13 GY / 1000 5F t5F ... 4152 $0.15 1 $622_80 spread Topsroij,. _ 11/2 topsoil on site ps 5F ._I 50521 $0.06 _ $503.121 Fine Gradln _.. 5F 10104 $0.061 _$606.24 Seeded Slue�.c rass { _ 1000 $0.16_ $160_001 Irrigation Allowance - Does not Include tap 1 ; $3000.00 _5_UBTOTAL HE 420400 08/10/3008 04:21P SUB inn DAVIS rill SILVI IN 37 of 41 R 2M.00 D 0.00 N 0.00 PITgZN COUNTY CO Moore Famili PUM IT-he Landsaap Estimate _1"Mt;W ..Pase- a Seven -_ Item /Task Plant I comments (Unit (Unit Cost Unit Total I C,ollected cal. Ponderosa Fine ... _. _... — __ I ._ ..._j - _ 1 -I $160.00 I-Re tion I Nat, LSF 6904 . S0,16L $1328.64 Amendment_ 3.6Y,1 1000 5F SF 4152 $0.15 _Croic Spread Topsoil 11/2 tq_p±oii on site 552521 $0.06 lgo3.12, Fine Grading SF 10104 $0.0b $&OC1.24 .18009 $0.16 $2650.001 Irrigation Al Iowan" Does not include to $5000.00 SUBTOTAL - L 2.7- C-ollected 1" cal. 51 S-15.00 s3-75.00 Ponderosa Fine 1 sirpagol sl&o.00. RevvAeltatiorl. j Native OraSSeC 5F 929&1-- $0.16 $146-7.56 OrAanic, Amendment 15 Cy 1000 sF 15F 4645 5015 $699.20 I spread Tq Fine (Sradinw 5F 110-1&1 __ _. _so .06' - L qeeded 5lu rar's i _15_ F 1600 $0161 s288-00 Irrigation Allowance Does not inclUd e tam SUBTOTAL L. $17006.201 Asp 10105 F 1t 1-1 Cal-, b I S- 15.00 7 ,450.00 1 Ponderosa Pine 61 ; , t16o.001- $320,00j Re vegetation Native Grasses 65&b. 50161 ,_$1050.88 Organic Amendment 3 Cly 1000 BF SF $0.15 $491601 Spread Topsoil— 11/2 topsoil on site 15F. $251.04 Flne6ra Inj 5F ... . ....... 15F 1500, I „- _jrri_qg!tioTi Allowance cps not include tap_ 41;5000.00 1 SUBTOTAL. $6854.60 I Lot 2GI r collected 5 $15.00. $5-75.001 5160.001 L Ponderoop Pine 1 - -- $160.001 Native arasses .._j SF 10164 $O.I&t $1626.24 17n qenl 100 0 SIF 9062 $0.151 V162.jK oajl� 4 p y2 tppsq.�! qnjslLe SF _ _- so.(:?�!. - _ Fin Gr t 11964 $O 061 $'7 841 Seeded aluegase, SF. 1800 $0.16] - - q2-55.00 Irrigation Allq!A�qnc�L_ jDoe - s no , t Include tap_ 1- }_ I __ - - - $3000.00 - - `SUBTOTAL. _j 11111111111111111 HIM 11111111 IN 11111111111111111111111111111111111 IN $'1288,901 429498 06120/1990 SC21P SUB IMPR DAVIS SILVI 38 of 41 R 296.09 0 8.00 N 0.00 PITKIN COUNTY CO 1 100011� The Moore FamiiI PUD x/28/'111 (Lands -cape Cost Cstimate I Page Eight Item / Task / Plant Comments Unit 061811tit IUnit Cost Unit Total Lot 30 Armen _ _ _ _ I G011ected 1 cal. 8 $115.00 $600.001 Ponderosa Pine - -_ - I -- _- 16 - -_, _ ..3 $160.001 _ $460.001 ReVBQetation _ _ NatlVe 6ra55e5 -1SF _ T(84I $0.161_ $1245.44 15F _ I. -$0061 Stead TOpSO lment -- - -5i2 top5o�on site 4�92�- 528"1.521 Fine brading _ _ i 15F '1584 $0.061 _ _- $5 -75.041 — Seeded Bluegrass._. _ -Irrr t:on Alowance FF_29es -not include tap $5000.00 (Lot 51 .. L_.. ....... _... ._ .... .... 1.._ .. .. �._ 1 .,. 1_ . ._. 1GOIleGted _. Lt" Gal. _s115.00, ... 5 '1115.00 I _Ponderosa Pine _, 6' $160.00 5520.00. ....__- _. keveCietatlon — ,.. _. - .-- _. -, -- -.. (Native 6rasses 15F �- - 7,7641_"' $0.16x— $1245.44,1 Organic_ Amendment I5 CY / 1000 SF .. ._ 5F .. 38'12' $0.151 $585.801 ...1 /2.topsoil_on site,__ - 411921_- $_0.061 _ $28.52 Fine Gredin�— __ I5F 'SF I 9584 $0.06 $5'15.041 See_ded BlUegnas5 _ ,,,... 1.._. _ __., -_ .SF L _- 1800 40,161 $288.00.1 Irri ation Allowance _ (Does not include tap 1 F $3000.00 $112'74.80 TOTAL PH:45E 2 F 456586.66.11 rPhase 3 j__ I IUppgr_ Bench _Arco (Doe$ not include spread topsoil)_ 1 Revegetation..,.._ _ - , - - Fall Seeding.,.no Irrig, 5F 1 424-741 $0.161 _ .... $6"f95.84I Fine 6radin�. _- _ _Boulder_retaiming allawanGe __LAS -per conditions ._ LS _ 1 .,.. ._ 1 - - _. �. $5000.00 - - -- I Erosion control mat Slopes min. 5F 200001 sO.25 $5000.001 _ SUBTOTAL._... -. _ __For -2:1 � .. ... _. I .... I _ ... - _. — — — - 519944_26 I I I I 1i11111111111111111111111111111111111111 Jill 1111 420488 08/10/1998 04:21P SUB IMPR DAVIS SILYI - 39 of 41 R 200.00 D 0.00 N 0.00 PITKIN COUNTY Co . !01�41 1.. The Moore Family Pup Lan456ape Gust Estimate Item / Task / Plant .-.._L Comments -- -- - _. 1 Page Nine 1 Phase 4 .Unif 0gs!tlt-_IUniE_Gost __ unit Total lyp er bench Area ._. Does — _ not include spread topsolU_ _. L — Reyegetation _ Fall seedin no irri 9 { SF bbT72l Fine _Grading -. -9 J ._ I 30.161 $1068s.521 _ -. . Boulder retaining allowance As per con- ditions 5F L5 _ 6612 SO.O6 �40ob.32 . ErOS m n F __ For 510 e 5 mn 2:1 - SF - r 500 ,$5000— 00 "- �.. SUBTOTAL Y .._. . _50.25 $12500.00 .. TOTAL PHASE 4 I _ Ss2ia4.a4 I i 592189.84. i PRO,lECT SUBTOTAL --... -- --._. .._ ... _... . . GONTIN6ENGY. 58T58T4.231 5411008.00 11111 11INI 111111111111111111111111111111111 IN U 420488 08/1071998 04.21P SUB IMPR DAVIS SILVI 40 of 41 R 208.20 D 0.00 N 0.00 PITKIN COUNTY CO 111111111111111111 111111111111111111111 iii 111111111 IN 420466 06/10/1000 04:21P SUB IMPR DAVIS SILVI 41 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO ('The Moore Family_PUD _ � Grass Mix Information rThe proposed -grass mix will match the exist grasses: Kentucky-Blueyrass 4Poa,protensis C- Sheep FeZ .� — IFestuca ovina Orchard Grass Dallis glomerate _ 0.15 Smooth Brame I5romus.- inermi5 Timothu Grass Jrhleum_pratemse _ - 015 _ 1. I!�NaI Penstemon.- Penstemon strictus_ ! 0.05 -_ Showy Golden Eye�Vguera multiflora _ _ I 0.021 LASter..._--- ._,...__. Asterbjglovii _ ...._ .. 002•, Slue Flax Linum lewisil 0.02 _ Lupine Lupin r. I.. _. 0.02 — -- _ Mule's Ears __lWyethia.qMplexIraulis _ , -._- _002:( _ _• Larkspur ..,,_.. Delphinium ajacis. -. _.. __002 1. 100.00%1 !For areas where there is existing dryland ve etationLthe followln mix shal be used: Kentucky Bluegrass Foa nsi5._— _ 0.07.. Fescue ..Festuca ovine }, 0.081 _ !Sheep Orchard Grass DactyIIsgIomerata OOe. !Smooth Brome L Bromus inermis ._ . 0.51 j Timot�Grass Phleum pretense 0.15 _- _ 1Artimisia tridentata - _ O 1 rSage mmabbitbrush Ghrysothamnus nauseos. _ _. 00- Snowberry .,,__, f Sym�horicarpos oreogj. 005 jj a viceberry_ Amelanchler alnifolia _ Royal PenBtemon �Penetemon strlctus 0.02 Showy GolAen�E a Viguera multiflora Aster Aster bi lovil 0.02 Slue Flax I-Inum lewisil 002! Lune - �LUp(nus perennls _ 002 _ �MUIe's Ears am�lexicaulls -_ 0 02. - - - - — Twyethia Larkspur. _ 121 1phinium a�aeis - --- 0.02 _. _.. 100.00% 111111111111111111 111111111111111111111 iii 111111111 IN 420466 06/10/1000 04:21P SUB IMPR DAVIS SILVI 41 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOORE FAMILY PUD, A PLANNED COMMUNITY THIS SUBDIVISION IMPROVEMENTS AGREEMENT ( "Agreement"), made and entered into this _!J� day of A�uc Q5-t, 1998, by and between JAMES E. MOORE FAMILY PARTNERSHIP LLLP, a Colorado limited liability limited partnership (hereinafter referred to as "Owner ") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "County "). W I T N E S_S E T H A. The Owner has received final approval from the SOCC for a subdivision known as Moore Family PUD, a Planned Community of seventy -one (71) residential lots consisting of forty (40) "Free Market Residential Lots" and thirty -one (31) "Affordable Housing Units" (hereinafter collectively "Project" or "Subdivision ") on that certain real property (the "Property ") located in Pitkin County, Colorado, more particularly described on- he Final Plat of Moore Family PUD (herein "Final Plat ") which Final Plat is filed of record in Plat Book ie!T-at Page S_J in the real property records of Pitkin County, Colorado. B. The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 97 -75, "Granting Detailed Submission, Planned Unit Development, Subdivision, Special Review, Ridgeline Review, Growth Management Quota System Exemptions, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to the Aspen Public School Campus ", recorded on May 8, 1997, at Reception No. 404234; Pitkin County ordinance No. 97 -13, Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from AFR -2 and AFR-10 to AFR -1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, recorded on June 10, 1997, at Reception No. 405216; Pitkin County Resolution No. 98- 25, Resolution of the Board of County Commissioners of Pitkin County, Colorado, granting the Moore Family Partnership Subdivision and Growth Management Quota System Exemptions for Essential Community Facilities for a 35 Acre Parcel Adjacent to the Moore Family PUD Subdivision, recorded on February 24, 1997, at Reception No. 413838; and Pitkin County Resolution No. 98 -57, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval for the James E. Moore Family Partnership Subdivision, recorded on April 7, 1998, at Reception No. 415352, all in the records of Pitkin County, Colorado (hereafter collectively, the "Development Approvals "). C. This Agreement evidences the Owners agreement to the conditions contained in the Development Approvals as required by the subdivision regulations contained in the Pitkin County Land Use Code. IIIIII Hill HIM IIIIII fill IIl111 IIIII III111111111IIN 420466 08!16!1998 04.21P SUB IMPR DAVIS SILVI 1 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO Fd D. In granting said approval, the County has: (i) fully considered the proposed development as described in the Development Approvals and the anticipated benefits and burdens to neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code ") now in effect, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Development Approvals, which conditions and requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. E. Under the authority of Section 6 -4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Owner, its successors and assigns. The owner is willing to enter into this Agreement, and provide such assurances to the County. F. The Project Public Improvements set forth on Exhibit "A" attached hereto and made a part hereof includes the cost and description of the various public improvements regarding water, sewer, private utility plan, Ski Club lift, roadways, trails, single - family affordable housing, landscaping,.and administration ( "Project Public Improvements "). NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the BOCC as follows: 1. water systera. Owner agrees to install, or guarantees installation of a central water system connected to the City of Aspen water system to provide water service to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and specifications provided to owner by the City of Aspen and to all requirements set forth in the Detailed Submission Approval. 2. Roads, School circulation, and Parkina Lots. The Owner agrees to install or guarantees installation of the private or public roads, and certain school circulation system parking areas in accordance with plans submitted and approved by the County in the Moore PUD Detailed Submission. Roads shall be constructed in 5 conformance with all requirements set forth in the Detailed Submission Approval. The cost of paving is included in Exhibit 0 "A". Certain off -site parking lot(s) shall be paved in conjunction with the first phase of construction in accordance with Exhibit "B" attached hereto and made a part hereof, which is a memorandum, dated February 11, 1997, from Dave Prey, Secor International, Inc. to Pitkin County Environmental Health -2- Ilillglflllllllil111111 fill fll1Nflililll181111111111 420468 08/10/1868 04:21P SU8 INPR DAVIS SILVI 2 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY Co Department. The location and number of the off -site parking lots to be paved shall be reviewed and approved by the Environmental Health Department of Pitkin County, prior to paving. Upon the paving of the off -site parking lots, the Owner shall satisfy the air quality mitigation requirements set forth in Exhibit "B ". 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service to the lot line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross Electric Association and to all requirements set forth in the Detailed Submission Approval. 4. Telephone Service. Owner agrees to install or guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. west Communications and to all requirements set forth in the Detailed Submission Approval. 5. Natural Gas Service. Owner agrees to install or guarantees installation of natural gas lines to provide gas service to the lot line of each lot in the Subdivision. Natural gas lines shall conform to the requirements and specifications provided to Owner by KN Energy and to all requirements set forth in the Detailed Submission Approval, 6. Waste Water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and lines to provide sewage disposal service to the lot line of each lot within the Subdivision. Waste water collection systems and lines shall conform to the requirements and specifications provided to Owner by the Aspen Consolidated Sanitation District and to all requirements set forth in the Detailed Submission Approval. 7. Underarounding of utilities. Owner shall underground all new utilities in the Project with the exception of required surface mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure reducing stations, fire hydrants, meters, and similar appurtenances requiring above -grade installation. irrigation, snowmaking, and domestic water pump stations will be either sheltered or placed underground. S. Bus Stop shelters. Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the County and RFTA. The Owner shall design such shelters acceptable to RFTA. -3- 111111111111111111111111111111111111111111111111111 In 420468 08/10/1888 04.21P SUB IMPR DAVIS SILVI 3 of 41 R 208.00 0 0.00 N 0.00 PITKIN COUNTY CO 9. Public Trails. Owner agrees to construct or guarantees the construction of the public trails as included in Exhibit "A" ( "Project Public Improvements ") attached hereto and made a part hereof, in conformance with Detailed Submission Approvals. The Nordic trails will be surveyed after construction, and dedicated to the County within six (6) months after the first winter of trail operation. 10. Co struction Phasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in accordance with the phasing plan set forth in Exhibit "C" attached hereto and made a part hereof (hereinafter "Phasing Schedule"). The allocation of affordable housing is attached as Exhibit "D" attached hereto and made a part hereof. Phase One shall be completed within two (2) years of commencement of work under the earthmoving permit; Phase Two shall be completed within three (3) years of commencement of work under the earthmoving permit; Phase Three shall be completed within two (2) years of commencement of work under the earthmoving permit; and, Phase Four shall be completed within two (2) years of commencement of work under the earthmoving permit. Variations in the phasing schedule shall be permissible in order to provide on -site flexibility in completion of the Project Public Improvements. 11. Construction Managemant Plan. The construction management plan will be as set forth in Exhibit "E" attached hereto and made a part hereof (hereinafter "Construction Management Plan "), and provides for the management of construction traffic and fugitive dust control plan which addresses any increase in PM -lo emissions associated with construction activities, the staging of construction equipment and materials, and public notification plans for road closures or any other public inconveniences during construction. The Construction Erosion Control Plan is attached hereto as Exhibit "F" and made a part hereof. The temporary construction and materials staging areas and employee parking is shown on Exhibit "G" attached hereto and made a part hereof. 12. Dial- A -Ride. Owner agrees to implement an "On Demand. Dial -a -Ride Transit Service Plan" as set forth in the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "on Demand Dial -a -Ride Transit Service Plan ") 13. Landscapi nsr. owner agrees to install or guarantees installation of landscaping as depicted in the Moore PUD Detailed Submission, and specified in the Project Public Improvements, as shown on Exhibit "I" attached hereto and made a part hereof (Landscape Cost Estimate). -4- 1111111111111111111111111111 111111 111111111111111111!11 420466 08/10/1558 04:21P SUB IMPR DAVIS SILVI 4 of 41 R 208.00 D 0.00 N 0.00 PITKIN COUNTY CO 14. As -Bgilt Survey. The location of various elements of the Project as shown on the PUD Plan, Final Plat or civil drawings submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative'to construction may require minor deviations or variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, Owner may cause the precise location of such improvements to be surveyed. Based on such survey, the County Planning Director may at the request of Owner approve insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations in the as -built surveyed location of any such improvements. 15. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the ( ' Project Public Improvements and full compliance of the conditions i and covenants of this Agreement and all County approvals, j including site restoration in the event the work,.undertaken S/ pursuant to the earthmoving permit is not substantially (� �( completed.. The Project Public Improvements shall include trails, CV I all public and private roads, water, sewer, civil infrastructure, and private utilities for the entire Project, and those items set V forth on Exhibit "All attached hereto and made a part hereof. (a) No Security for any Project Public Improvements, or the Maroon Creek Road Bond described in Paragraph 16 below, shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Prior to the issuance of the first excavation, demolition or grading permits for any of the Project, owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing schedule. For example, if the cost of completion for the first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) When the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public Works shall inspect the work within forty -five (45) days of written request made to the Public Works Department and the Pitkin County Attorneys Office, and on reasonable acceptance of the improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch list" type work for which the County may require continuing security in an amount sufficient to complete the punch list. -5- 11111111111 HIM 1111111111111111111111111111111111 IN 420488 08/10/2888 04:21P SUB INPR DAVIS SILVI S of 41 R 208.00 0 0.00 N 0.00 PITKIN COUNTY CO eooll� r-^, (c) The Owner shall be responsible for having all relevant utility companies review and approve plans, specifications, and contract documents before construction and shall be responsible for having the utilities inspect and certify acceptance of all utility installations. The Owner shall present these letters of acceptance and certification to the County Engineer at the time of request of release of security. No rel— se of security for utility work will be made without the required approvals and certifications. (d) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject to establishing satisfactory partial completion of the improvements, such partial releases shall be granted. (e) Failure to respond within sixty (60) days of any request for partial or final release shall constitute acceptance of the improvements by the Pitkin County Engineer or Pitkin County Director of Public Works and release or partial release of the security shall be granted. (f) Owner may cause a special district to be formed for purposes of financing and maintenance of all or part of the construction of the Project Public Improvements. If such district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the construction of the Project Public Improvements, Owner shall be entitled to a release from the County of an equivalent amount of Security, provided the County Attorney is satisfied with the County's ability to have the Project Public Improvements completed in the event of owner's default. If the County Attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 16. Maroon Creek Road / Righway 82 Intersection. When the County is prepared to begin construction of all or a portion of the Castle /Maroon /State Highway 82 improvements, Owner will pay to the County that portion or all of the $350,000.00 as needed for said improvements. At the discretion of the County, the $350,000.00 may be used for other transportation improvements in the Castle /Maroon corridors, including but not limited to bridges, roads, and trails. A bond or other acceptable financial assurances will be posted for the full $350,000.00 as set forth in Paragraph 15(a) above. 17. Improvement Maintenance Agreement. In accordance with Section 6- 4.5(b) of the Code, owner shall, prior to the conveyance, sale or transfer of any single family lots within the _6. 111111111111111111111111 IN 11111111111111111111111 IN 420468 08/10/1998 04:21P SUB INPR DAVIS SIIYI 6 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY CO 1 �. Project (excepting transfers by Owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by Moore Family PUD Master Association, Inc. or other special district in perpetuity of all Project common improvements not accepted for dedication by the County or the utility providers. 18. Certificates of Occupancv. Except as otherwise provided herein, no Certificates of Occupancy shall be issued by the County for any Free Market Residential Lots until Owner shall have obtained Certificates of Occupancy for the first phase of construction of the Affordable Housing Units, or any comparable portion thereof, as described in the Phasing Schedule. Once the Owner has obtained Certificates of Occupancy for the first phase of Affordable Housing Units, or any comparable portion thereof, as described in the Phasing Schedule, Owner, or its grantees, shall be entitled to Certificates of Occupancy for twelve (12) Free Market Residential Lots selected by the owner, or if less than all the Affordable Housing Units thereof are complete, the equally comparable portion thereof in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots; provided, however, that each phase of Affordable Housing shall be completed, and Certificates of Occupancy issued prior to commencement of the next phase of Free Market development. Thereafter, Owner or its grantees shall be entitled to Certificates of Occupancy for fifteen (15) Free Market Residential Lots selected by the Owner, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the two (2) groups of Affordable Housing Units, or any portion thereof, included in the second phase of construction as described in the Phasing Schedule. Finally, Owner or its grantees shall be entitled to Certificates of Occupancy for the balance of thirteen (13) Free Market Residential Lots, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the final group of Affordable Housing Units, or any portion thereof, included in the third phase of construction as described in the Phasing Schedule. Owner, at its discretion, may also be entitled to Certificates of Occupancy for all of the Free Market Residential Lots in a particular phase even though Certificates of Occupancy have not been obtained for all or part of the Affordable Housing Units for that phase, provided Owner has submitted Security to the County in the form of a completion bond to assure completion of that phase of construction of the Affordable Housing Units as described in the Phasing Schedule. No Certificate of Occupancy for Free Market Residential Lots in the next phase shall be issued until the Affordable Housing Units in the previous phase have been issued Certificates of Occupancy. in determining the amount of additional Security to be provided hereunder, Owner -7- 1111111 11 111111111111111111111111111111111111111111111111 IN IN 120488 08/10/1998 04:21P SUB INPR DAVIS SILVI 7 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO E""°? 11 " shall not be required to provide Security for the infrastructure of the Affordable Housing Units, as Security has already been provided for the infrastructure as part of the Project Public Improvements. Nothing in this Paragraph shall prevent owner from obtaining earthmoving and /or excavation permits, or demolition, grading, or building permits for the Project. 19.. Execution of Final Plat. The Owner's obligations to construct the improvements hereunder are expressly contingent on the Owners' recordation of the Final Plat in the real property records of Pitkin County, Colorado, and on the BOCC's approval of the Final Plat. 20. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant to C.R.S. §24 -68 -101 et.sea, that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property. Upon completion of the school circulation improvements, the Development Approvals shall be deemed vested in perpetuity. 21. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the owner and the BOCC, and their respective grantees, successors and assigns. 22. Bulk Sale. As used herein, a bulk sale is defined to mean the sale of more than fifty percent (50t) of the Project. In the event Owner does not develop the Subdivision or market the individual lots, Owner may sell all or a portion of the lots in bulk in the Subdivision to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. Upon a bulk sale to a third party, the third party shall assume all obligations of the PUD and Development Guide. 23. Assignment of Interest and obligations. Owner may assign its interest in the Property to a third party, who shall develop the Property or portions thereof, including the construction of the Project Public Improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations a 1 111111 11111 HIM 1111111111111111111111111111 HIM Ili! IN 420468 08/10/1898 04:22P SUB IMPR DAVIS SILVI 8 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO W M hereunder to any one or more special districts or homeowners associations to be formed for purposes of performing such obligations. If there are two or more parties responsible for the completion of the Project Public Improvements, the County shall be responsible for delays in schedule, construction phasing, or delays in the release of security due to the incomplete work of other parties. 24. Remedies of County. In the event Owner shall fail to construct any Project Public Improvements for which it is responsible under this Agreement in accordance with plans and /or specifications appearing in the drawings approved by the County, and within the schedule set for the completion of said Project Public Improvements the County shall provide Owner with a notice of non- compliance ( "Notice of Non - Compliance ") together with the right for a period of ninety (90) days after the receipt by owner of such notice for Owner to cure such non - compliance or schedule a hearing with the BOCC. Provided, however, the Owner may modify the schedule for construction of any Project Public Improvements at any time by providing written notice to the County. The Notice of Non - Compliance shall include a list of'specific deficiencies to be corrected in order to cure the non - compliance. If Owner, by written notice to the County given prior to the expiration of the time to cure set forth in the Notice of Non- compliance, disputes whether or not a default exists, then as soon as practical within said ninety (90) day period, the BOCC shall conduct a hearing (the "Non - Compliance Hearing ") to determine whether or not a default exists. As such hearing, Owner may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner shall have ninety (90) days from the date of the hearing within which to correct the deficiencies, weather permitting. If at the expiration of said ninety (90) day time period, Owner is proceeding with due diligence and the expenditure of reasonable sums to correct the deficiencies, weather permitting, then said time period shall be extended for so long as Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non - Compliance within the time provided or in the event a Non - Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) Once the financial assurances required by this Agreement to the extent this Project has ,vested have been released, the County specifically waives any right it may have to -9 111111111111111111111111111111111111111111111111111 IN 420466 06/10/1998 04:22P SUB INPR DAVIS SILVI 9 of 41 R 206,00 D 0.00 N 0.00 PITKIN COUNTY Co 140�,. N object to the Project Public Improvements or to require the Owner to perform additional work. (c) In the event the County draws on the security to correct deficiencies, it shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to correct the deficiencies or properly complete the Project. The County shall be obligated to make a good faith effort to complete the project, provided that the County may decide to only secure public health, safety, and welfare. In such event, the County may only draw on the bond in an amount necessary to complete said work in as economical and efficient a manner as possible. (d) Nothing contained in this Agreement shall limit other remedies available to Pitkin County under Colorado law. 25. Entire Aareement. This Agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not be modified except by a written agreement duly executed by all parties. 26. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the expiration of three (3) days after it is deposited in the United States Mail, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County: Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 With a Copy to: John M. Ely Pitkin County Attorney 530 East Main Street Aspen, CO 81611 If to Owner: James E. Moore Family Partnership, LLLP P.O. Box 126 Woody Creek, CO 81656 With a Copy to: Gideon Kaufman, Esq. Kaufman & Peterson 315 E. Hyman. #305 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. -10- 11111111811111111111111 IN 11111111111111111111111 IN 420488 08/1013998 04:21P SUB INPR DAVIS SILVI 10 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO � N f""` 27. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any portions hereof. 28. Conflict, This Agreement is intended to amplify and carry out certain of the provisions of the Development Approvals. In the event of any conflict between the provisions of this Agreement and the Resolutions, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. 29. Force Maieure /Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance•isereunder shall be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days "). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimed for the calendar year or other period. 30. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of this entire Agreement. 31. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 32. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. 33. Prevailina Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues -11- 11111111111 HIM 111111 IN 11111111111111 HIM 1111111 420488 08/10/1898 04a21P SUB IMPR DAVIS SILVI 11 of 41 R 208.00 D 0.80 N 0.00 PITKIN COUNTY CO litigated and the court's decision on those issues; was the prevailing party in the action. 34. Clerical Errors. In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and /or deliver, as necessary, any documentation in order to correct the erroneous document, description, exhibit, or to provide any missing exhibit. 35. Estoppel Certificate. From time to time, Owner shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to Owner or another party designated by Owner such as a construction lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Notice of Non - Compliance has been given to the County; (ii) this Agreement is in full force and effect; and, (iii) the County has no knowledge of any default under this Agreement on the part of. Owner, nor does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such other information as Owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF,.the parties have executed this Agreement as of the day and year first written above.. JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership Thomas A. Moore, General Partner BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO BY k, cj� I f� u!_ Dorothea Farris, ChairpersoonQ 4t- ATT &S APPROVED AS TO FORMS By J tte cFeaes John M. Ely, C Attorney �yN,v�,�. (NOTARY ACKNOWLEDGMENTS FOLLOW ON NEXT PAGE) -12- 11181 Hill 111111111111111111111111111 Ili 111111 I11 1111 420468 08/1 @ /1898 04 :21P SUB INPR DAVIS SILVI 12 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The"foregoina instrument was acknowledged before me this `-; 411 day of _— U S_ ,, 1998, by Thomas A. Moore as General Partner of JAMES E. MO ORE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership. witness my hand and official seal. My commission expires: STATE OF COLORADO $0. COUNTY OF PITKIN ) _ Th fore oing instrument was acknowledged before me this day of 1998, by Dorothea Farris as Chairperson of the BOARD O C TY COMMISSIONERS OF PITKIN COUNTY, COLORADO. Witness my hand and of My commission expires: ., Not y IFULUIT IV � o:'' � �•'• o %..._ 4 TAI E 1111111111111111111111111111111111IIIII 111111111111 1111 420488 08/10/1888 04:21P SUB INPR DAVIS SILVI 13 of 41 R 208.00 0 0.00 N 0.00 PITKIN COUNTY CO -13- LIST OF EXHIBITS Exhibit "A" Project Public Improvements Exhibit "B" Memo, dated 2/11/97, from Secor International Exhibit "C" Moore Family PUD Revised Detailed Submission Phasing Plan, dated 9/3/97 Exhibit "D" Moore Family PUD Affordable Housing Phasing Allocation Schedule Exhibit "E" Moore Family PUD Construction Management Plan Exhibit "F" Construction Erosion Control Plan Exhibit "G" Temporary Construction and Materials Staging Area and Employee Parking Exhibit "H" on Demand Dial -a -Ride Transit Service Plan Exhibit "P' Landscape Cost Estimate I IIiIN I11111l1111 IIIII! IllsllllN Illll 111 1111!! III IIII 420408 08/10/1988 0412lP SUB INpR DAVIS SILVI 14 of 41 R 208,00 D 0.00 N 8.00 PITKIN CDUNTY Co C: \clients \Moore \subdivision imp agr -clean -14- SO 111111111111111111 Mill IN111111111 11111111111111 420488 08/10/1888 04:21P SUB IMPR DAVIS SILVI 15 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO n i 8R AFp, F v a g � q yy :.p i �0 G! [] b�&& D �� T a (� !� < NPm y+S •i N?I _$ $ R p �. z —� a 3 e w 2 b X a G q (J $A} �1 r(.,a� t+p OI N O rpNrp�� N N N QOM 8O 4p1 i C N eQ O N G vI�I SQQO, r Sg r N sSgP�j�I D• A S ro S�UoESAtAnm C A a NiRw SS S g�'$ • u 8♦ (pNJ� m s Y S IS tiQoQyy � � J J §iSm $QSQ�QQ�'mP 11+SStiN olp�p55� glg8 % *L8+`� 8R yy a ml'goN,Q8Q8Qgoq�I ..� 0`6 �25 i52'iu X258 q" a$ �o ES .So pppp.;4 $2f Si5258 a �3 0 9 ao 3. ys i 0 i 7 q9 i a 3 Q d D S • u 8♦ (pNJ� m s Y S � � J J j m tWll rT 8O A G r m u .� -� U+ N• O N m' 7" ��d2' upr Wo,$l� S• vQ�Q� rte+ �SS p a f�m� (ml1 qp� O r ppN 8�' S�° O O O S O S O W S r m��" ♦� S S A pmv }a'w•�v S O O o N ap mpm O + r� yy1 +fN�p�y BO± OVVI VI +uOEvOO - AP OD WAO ZA a +m J q p � W A m N pl W Or V V1 •mD O m + U 0 0 N W 0 W LT fJ app H fNNP m • IJ �TNy mO (� Q q SOy � O O JN O O VO O NqN iO 0 S • {T yyp C O W W G 4` R ES O S A d d p W N i O i • i N J Q • 01 P � W r r m A N � • O Ns N • [J N•• i�•� S S ypm uml r O;gq➢wp V mONV J fJ IT O A m N V� -cI m c 3� X .� • IJ N III S +- N J S u N N O 3 � qYy ��p Sy r • � r N m & r�• I qW' J i J • QB� N � N ��J11 mW S•� G m p_JYIyI P+ i yHI Y N I j "', � m $fin NN L2 �N. �p(°iG ��9n'�n .. V yrd• .°. _Ly°. m�,y8.J SQ y�rpu C�mp'o }pFp N Yt. SN 0 S� •'°s'N W X mpp N yQ m P W p i O OI O •i N O p G 0♦ O P m O� tA.f O O a �3 0 9 ao 3. ys i 0 i 7 q9 i a 3 Q d D MEMORANDUM TO: Nancy MacKenzie, Lee Cassin Pitkin County Environmental Health Department FROM: Dave Prey RE: Moore Family PUD Air Quality Analysis - Simplified Format DATE: February 11, 1997 SECOR 1T[ O77W 1071Qf hIC0m. or(?t,'d This memorandum presents the Moore Family PUD air quality impacts using the format as requested by Nancy MacKenzie and Lee Cassin of the Aspen/Pitkin County Environmental Health Department (EHD). In addition to the revised format, this report contains the following revisions to the previous air quality analysis memo to Nancy MacKenzie and Rick Magill, dated December 9, 1996: • Inclusion of affordable housing units • Inclusion of VMT and PM10 from 14 additional parking spaces at the school • Revised mitigation to include the paving of two parking lots PM10 Analysis As requested by the EHD, a straightforward analysis consisting of total project related VMT increases, PM10 increases, mitigation measures, and total PM10 reductions have been presented in this memo. Table 1 presents the summary of this analysis. Table I Moore PUD PMIO Analysis Results VMT Increase 2412 VMT /day PM10 Increase 51.6 lb/day PM10 Mitigation: Paving Parking Lots -46.2 lb /day School Circulation -2.8 lb/day Affordable Housing -4.04 lb/day Net PM10 -1.5 lb /day W.10I.Swith 70.)&ist. twe!i0. .'gi!!lukr•Gi+i. l.'r �Xh 7q:.!17Y (RO71.?66.7Y00 1hY111 ?6?i - %I 1'S /.,IV 111111 llill 111111 lllill 1111111111 IIIII 11111811 I!I 1111 4204 Is 08/10/1808 04:2112 SUB INPR DAVIS SILVI 16 of 41 R'206.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 2 February 11, 1997 Memo to Lee Cassin, Nancy MacKenzie Mitigation Measures Paving Parking Lots The Moore PUD agrees to the paving of private and public parking lots so that a -22.3 lb/day of PM10 emission reduction can be demonstrated. Currently the Moore PUD plans to pave the Iselin Park parking lot with an estimated PM10 emissions reduction totaling - 31.3 lb /day. As agreed upon with Lee Cassin, EHD, the following formula will be used to estimate PM10 emission reductions from the paving of large unpaved parking lots (greater than 25 cars per day use): PM10 Reduction = (Counts) x (0.0016) x (1315.5) x (# Entrances) lb /day PM10 where: Counts = Average Daily traffic volume of road which parking lots exit onto # Entrances = Number of entrance /exits into parking lot .Affordable Homing ine A credit for the reduced trip distance of local employees was given to the affordable housing units at the Moore PUD. As agreed upon with Lee Cassin, EHD, the amount of trips that would be affected at the affordable housing equals 1/2 of all trips generated at the Moore PUD affordable housing. VMT Trio Distance Used In the calculation of daily VMT increases due to the Moore PUD, the round trip distance of 10 miles, as requested by Lee Cassin, was used. All trips and trip generation rates used in this analysis are in terns of trip ends (i.e., one -way trips), so all VMT increases are calculated using the number of trips x 5 miles. 1 11111111111 HIM 1111111111 ilflll 11111 III 111111 Iif {III 420460 0B/10/1998 04 :21P SUB IMPR DAVIS SILVI 17 of 41 R 206.00 0 0.00 N 0.00 PITKIN COUNTY 00 iO � Attachment 1: Moore PUD PM10 Analysis 11- Feb-97 VMT Increase (1) Private Homes: Trips from private homes= Length of trip = VMT Increase (2) Employee Housing: Trips from employee housing= Length of trip = VMT Increase (3) Additional parking spaces at school: Trips from parking spaces= Length of trip = VMT Increase (4) New ballfield: Trips from ballfield= Length of trip = VMT Increase Total VMT Increase=(1) +(2) +(3) +(4)= PM10 Increase VMT Increase PMI O/VMT= Daily PM10 Increase N 262 trip ends x 5 miles/trip Ref: Lee Cassin 1310.0 VMT 190 trip ends x S miles/trip Ref: Lee Cassin 947.8 VMT 30.8 trip ends 14 spaces x 1.1 turnover rate, 5 miles/trip Ref: Lee Cassin 154.0 VMT 0 trips wintertime x 5 milesRrip 0 VMT 2411.75 VMT 2411.75 VMT x 0.0214 Lb/VMT MCR, clean sand 51.6 lb/day 02/11/97 I IIIIII 1111! 111111 IIINI Till 111111 lllll 11111IIII Il! IIII 1 420468 08/10/1998 04:231 SUB INPR DAVIS SILVI 18 of 41 R 206.00 0 0.00 N 0,00 PITKIN COUNTY Co Attachment 1: Moore PUD PM10 Analysis 11- Feb-97 Mitigation Measures (1) PM10 reduction due to paving unpaved lots: Already in trip factors MCR, clean sand 02111,' 111111111111 Hill llllll Nllll fill llilil111111111111111111 IN 2 420488 08/10/3988 04:21P SUB IlfPR DAMS S3LVi 0 PITKIN COUNTY C0 38 of 43 R 208,00 p 0:00 N 0,8 -46,2 lb/day (2) Trip reduction from dial -a -ride: 0 (3) VMT reduction from better school circulation: Trips to school affected 221 trips x Reduced distance -0.6 mileattrip VMT decrease -132.7 VMT x PMI ONMT= 0.0214 lbNMT Daily PM10 Decrease -2.8 lb/day (4) Reduced Trip Length for Affordable Housing: Affordable Housing Trips 190 trips Downvalley Location: Distance to MCR light 3.87 miles Percent of trips in this direction 50% Affected VMT 366.8 VMT Emission rate for SH 82 0.0176 IbNMT A, Dairy PM10 6.5 Lb /day Moore PUD Location: Distance to MCR light 1.20 miles Percent of trips in this direction 50% Affected VMT 113.7 VMT Emission rate for SH 82 0.0214 lb/VMT 8, Daily PM10 2.4 Lb /day Net Affect of Moving to Moore Location Daily PM10 Decrease (8 -A) -4.04 Lblday Already in trip factors MCR, clean sand 02111,' 111111111111 Hill llllll Nllll fill llilil111111111111111111 IN 2 420488 08/10/3988 04:21P SUB IlfPR DAMS S3LVi 0 PITKIN COUNTY C0 38 of 43 R 208,00 p 0:00 N 0,8 Attachment 1: Moore NO PM10 Analysis 11- Feb-97 Mit igation Measures (1) PM10 reduction due to paving unpaved lots: Already in trip factors MCR, clean sand 02/117 111111111111111111111111 1111111111111111111111111111111 2 420468 08/1071888 W21P SUB IMPR DAVIS SILVI 18 of 41 R 208.00 D 0.00 N 0.00 PITKIN COUNTY CO -46.2 lb /day (2) Trip reduction from dial -a -ride: 0 (3) VMT reduction from better school circulation: Trips to school affected 221 trips x Reduced distance -0.6 miles/trip VMT. decrease -132.7 VMT x PMI ONMT= 0.0214 1bNMT Daily PM 10 Decrease 4.8 lb/day (4) Reduced Trip Length for Affordable Housing: Affordable Housing Trips 190 trips Downvalley Location: Distance to MCR tight 3.87 miles Percent of trips in this direction 50% Affected VMT 366.8 VMT Emission rate for SH 82 0.0176 IbNMT A, Daily PM10 6.5 Lb /day Moore PUD Location: Distance to MCR light 1.20 miles Percent of trips in this direction 50 % Affected VMT 113.7 VMT Emission rate for SH 82 0.0214 ib/VMT 8, Daily PM10 2.4 Lb/day Net Affect of Moving to Moore Location Daily PM 10 Decrease (8 -A) •4.04 Lb /day Already in trip factors MCR, clean sand 02/117 111111111111111111111111 1111111111111111111111111111111 2 420468 08/1071888 W21P SUB IMPR DAVIS SILVI 18 of 41 R 208.00 D 0.00 N 0.00 PITKIN COUNTY CO Attachment 1: Moore PUD PM10 Analysis 11- Feb-97 Total PM10 02/11/97 Daily PM10 increase= 51.6 !blday Daily PM10 decrease= •53.1 lb/day Totat PMto= -1.6 lb/day 1111111111111111111111111111111111111111111111111111 IN 420460 06/10/1095 W21112 SUB INPR DAVIS SILVI 20 of 41 R 206.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 3 O� �E zr n o Ell �awNi -+ W V]WW .P . i ,.. W . ,. '. a R- o ` r c: rl La a rr Q:•Pt. �.� N N VJ OD N W A C �n 4 Q Fa Moore Famlly Planned Unk DmkWnesnt Affordable Housing Allocations $ Module Disorstionary Allocation (13 ea) CnToak Moore PUD Mot 1 Cat 3, 3 bdrm Moore PamBy member 1 Cat 3, 3 bdrm Aspen School District 1 RO, 4 bdrm 1 RO, 3 bdrm 2 Cat 4,3 bdrm 4 Cat 3, 3 bdrm Aspen Valley HOSplial 2 Cat 3, 3 bdrm 1 Cat 4,3 bdrm Dlscref wy Totals: Non- Dlscrotionory Allocations (18 es) 8 Cat 3, 3 aim, 1 Cat 3, 4 bdrm 6 Cat 4, 3 bdrm 2 Cat 4, 4 bdrm Total AM Unit Allocation: Affordable Houslno Blocks" C D A F Totals 1 1 1 1 1 1 2 4 2 1 1 2 9 1 1 1 1 1 6 1 2 5 13 3 1 6 a 1 1 2 4 a 2 2 3 6 5 4 7 9 jTofth by size, 4 Bedroom (bdrm): 4� j 3 Bedroom (bdrm): 27' ' ROferto OWN C, Moore FamBy PUD P n'Inp Plan 11111111111111111! 1111NI11l 111111OFIII1111111IIIIII 42046B 08/30/2988 04:21P SUB IMPR DAVIS SILVI 22 of 41 R 208.00 D 0.00 N 0.00 PITKIN COUNTY CO I II11111lIN Itllll 111111 IIII lllll llflll III lilill li! IIII 420467 06/10/1D98 04:19P TUD DAMS SILYI 16 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO i r 0 a r 0 y r N a � n_ 0 a z i T m a a z ra MOORE P.U.D. AFFORDABLE HOUSINGtI TYPICAL UNIT FOR LOTS 1 -5 7 _,__ 1 0 g r -- I I < � I I I I I —I e N a N R I t s M I I I11111f11111111111111111 IN 11111111111111111111111 IN 420467 06/10/1086 04;18P PUD DAVIS SILYI yy 17 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO 7 'n n s � *,,� MOORE P.UO. AFFORDABLE HOUSING (_I ? f :56 TYPICAL UNIT FOR LOTS 0 -9 � 7 u w i T r 0 J J ] hl F''. 2 0 wk�,V, X, U L M r 420487 08!10!1898 04;ISP PUD DAVIS SILYI 28 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO MOORE P.U.D. AFFORDABLE HOUSING ' n TYPICAL UNIT FOR LOTS 10-16 r r 0 N W A I w 7 g z h, D r, A .. 1111111 Hill 111111111111111111111111111111111111111 IN 420407 00/10/1999 04 :19P PUD DAVIS SILVI 19 of 40 R 203.00 D 0.00 N 0.00 PITKIN COUNTY CO MOORE. P.UD. AFFORDABLE HOUSING TYPICAL UNIT FOR LOTS 17, 18, 23, 24 f iJJlIi F {fx? III z 0 N N /r� f 'f p a o ,f m `�U 1( 11111 111111111111111111111111111111111111111111 111111 420447 89/30/3a0a 84 20 pip D"15 SILYI 20 of 40 R 283,00 D 0,8@ N 0,80 PITKIN COUNTY CO MOORE P.U.D. AFFORDABLE MOUSING' C11 TYPICAL UNIT FOR LOTS 19 -22 I �' j�j', s:: I IIIIII Hill HIM IIIIIII IN 11111111111111111111111 IN 420467 88/10/1088 MOP PUO DAVIS SILYI 22 of 40 R 281.00 0 0.00 N 0.00 PITKIN COUNTY CO I I t I 1 ' r , � y r , 0 it r I 1 i• i II 1 I � 1 I m '9 \ \ \ y So O� 9p ,o i� r \\ \ \ \ \ \ \ \ a Z \ \ \ \\ \\ \\ f °' MOORE P.U.D. AFFORDABLE HOUSING Z III III�iII i'f'E 3 SKI CLUB BUILDING ; o -' tc. Z n i r 0 E m A r m m r 9 r D 2 i l S f 7 C L T !n n T T n n F Q m a m r a m m r r D 2 w ��y in Z so ,— ---------- 1 1 i 1 i I I i 111111111111111111 Till 111111111111111111111111111IN 420407 00/10/1995 04119P PUD DAVIS SILVI 23 of 40 R 201.00 D 0.80 N 0.00 PITKIN COUNTY CC MOORE P.U.D. AFFORDABLE HOUSING i t' SKI CLUB BUILDINGII " „l��f m D a m r a z i ?0�1, a C S m r m 0 z m 0 0 a 7 B m m a a m. m a, m r m s 00 z 1111181111111111111111 Fill 11111111111111111111 II1111 420487 08/10/1990 04:19P PUD DAVIS SILVI 24 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO MOORS P.UD. AF 11 =11,Till! SKI CLUB FORDABLE MOUSING i BUILDING, � R r MOORE FAMILY PLANNED UNIT DEVELOPMENT GUIDE 737h MOORE F ILY PLANNED UNIT DEVELOPMENT GUIDE is made this _I day of u u S 1998, by the JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, Colorado limited liability limited partnership, its s cessors and assigns ( "Declarant "). RECITALS WHEREAS, the Declarant is the owner of all the real property in Pitkin County, Colorado, described in the Moore Family PUD Final Plat, recorded on !/GLlS! 1998, in Plat Book at Page ( "Moore Family PUD Final Plat "), and Lot 2, Parcel A, the Moore Family Parcel "A" Subdivision, Essential Community Facilities Exemption Plat, recorded on Alzgq /0 , 1998, in Plat Book #j5�` at Page 7,q ( "Facilities Exemption Plat "), collectively referred to herein as the "Property "; and WHEREAS, on April 2, 1997, . the Pitkin County Board of County Commissioners (hereinafter the "Board" or "Pitkin County ") approved the Moore Family Planned Unit Development ( hereinafter "Moore Family PUD ") Detailed Submission (Site Specific Development Plan) pursuant to the Pitkin County Land Use Code (hereinafter "Code "). Section 3 -7 of the Code establishes the Planned Unit Development ( hereinafter "PUD ") procedure which allows variance from the strict adherence to the area and bulk requirements of underlying zone districts within a PUD; and WHEREAS, The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 97 -75, "Granting Detailed Submission, Planned Unit Development, Subdivision, Special Review, Ridgeline Review, Growth Management Quota System Exemptions, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to the Aspen Public School Campus ", recorded on May 8, 1997, at Reception No. 404234; Pitkin County Ordinance No. 97 -13, Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from AFR -2 and AFR -10 to AFR -1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the official County Zoning Maps Accordingly, recorded on June io, 1997, at Reception No. 405216; Pitkin County Resolution No. 98- 25, Resolution of the Board of County Commissioners of Pitkin County, Colorado, granting the Moore Family Partnership Subdivision and Growth Management Quota System Exemptions for Essential Community Facilities for a 35 Acre Parcel Adjacent to the Moore Family PUD Subdivision, recorded on February 24, 1997, at Reception No. 413838; and Pitkin County Resolution No. 98 -57, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval for the James E. Moore -' 11111111111111111 1111111111111111111111 III 111111111 1111 420487 08/10/1998 04:19P PUD DAVIS SILVI 1 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO W Family Partnership Subdivision, recorded on April 7, 1998, at Reception No. 415352, all in the records of Pitkin County, Colorado (hereafter collectively, the "Development Approvals "); and WHEREAS, The purposes of the Moore Family PUD Guide Development Guide are to: 1. Clearly identify area and bulk requirements approved pursuant to Section 3 -7 of the Code; 2. Clearly identify in one document representations and commitments made by Declarant and the Board; 3. Clearly state in one document the standards, restrictions and regulations which govern land use development within the Moore Family PUD; 4. Facilitate the Pitkin County Zoning and Building Department reviews by establishing review standards; 5. Identify standards enforceable by Pitkin County in one document separate from the Master Declaration of Covenants, Conditions, and Restrictions for the Moore Family PUD, a Planned Community, recorded on Au4asr Id , 1998, at Reception No. y2Qlf�, in the office of the Clerk and Recorder of Pitkin County, Colorado, which are not enforceable by Pitkin County and may be more restrictive; and WHEREAS, the Moore Family PUD has been reviewed based upon the Code in effect on June 1, 1993 (hereinafter referred to as the "old Code"). Zoning and building permit reviews for all development in the Moore Family PUD shall be based upon the old Code unless specifically noted that the Code in effect on the date of the Detailed Submission approval (hereinafter referred to as the "new Code ") applies. NOW, THEREFORE, Declarant hereby submits the Property to this Moore Family Planned Unit Development Guide ("PUD Guide "), and declares that the Property shall at all times be owned, used, or occupied subject to the provisions of this PUD Guide, which provisions shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of Pitkin County and the Declarant, and any person or legal entity acquiring any interest in the Property. ARTICLE I PERMITTED USES 1. Moore Family PUD. The following uses are permitted by Pitkin County in the Moore Family PUD, with the exception of Open 111111111111 HIS 111111IN 111111111111111111111111111 420467 08/10/1908 04:19P PUD DAVIS SILYI 2 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY c0 00%^ ARTICLE iV FLOOR AREA DEFINITION Floor area is defined by the Code in effect on April 2, 1997, which is the date the Moore Family PUD Site Specific Development Plan was approved. The definition of floor area in effect on April 2, 1997 is as follows: "FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: -3- 1111111111111111111111111111111111111111111111111111 IN 420407 00/10/1995 04:19P PUD DAVIS SILVI 3 of 40 R 201.00 D 0,00 N 0.00 PITKIN COUNTY CO Space Areas 7 and 12 as such are shown on the Moore Family PUD Final Plat (hereafter "Open Space Areas 7 and 12 "), which Open Space Areas are subject to a different zoning district: (a) Accessory building and uses; (b) Bus stop; (c) Home occupations; (d) Single - family dwellings with five (5) or less bedrooms; (e) Solar energy collectors for private use; and, (f) Hay production. 2. open Space Areas 7 and 12. The following uses are permitted by Pitkin County in Open Space Areas 7 and 12: (a) development and maintenance of ski lifts and towers; (b) hiking and biking; and (c) Alpine, Nordic, and snowboarding trails. ARTICLE Ii USES PERMITTID BY SPECIAL REVIEW 1. The following uses were permitted by special review 1D approval pursuant to the Development Approvals: J- (a) Alpine and Nordic Skiing; 1,^ Q� (b) Ski Club Facility; (c) Alpine Ski Lift to the top of Powder Howl within n n U the Aspen Highlands Ski Area; and, nn (d) Substantial improvements to the roads and parking lots on the Aspen Public School campus. ( 2. The following use may be permitted by Special Review application: caretaker dwelling units. ARTICLE III PROHIBITED USES Uses which are not specifically permitted in this PUD Guide are prohibited within the Moore Family PUD, including Open Space Areas 7 and 12. ARTICLE iV FLOOR AREA DEFINITION Floor area is defined by the Code in effect on April 2, 1997, which is the date the Moore Family PUD Site Specific Development Plan was approved. The definition of floor area in effect on April 2, 1997 is as follows: "FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: -3- 1111111111111111111111111111111111111111111111111111 IN 420407 00/10/1995 04:19P PUD DAVIS SILVI 3 of 40 R 201.00 D 0,00 N 0.00 PITKIN COUNTY CO 1. General. In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. 2. Roof Overhangs and Decks. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five (5) feet. These architectural projections are exempt for five (5) feet of the perimeter of each story of the structure. Architectural projections may project up to ten (10) feet and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five (5) foot exemption. This exemption cannot be used to transfer space between floors. 3. Decks. Balconies, stairways and similar Features. Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15W) of the maximum floor area allowed. Any areas in excess of fifteen percent (15 %) shall be counted toward floor area. 4. Spaces Below Natural Grade for Principal single - Family and Duplex Residences. Spaces below natural grade, up to a maximum of twenty (20) feet in depth and which include no more than a single story, are exempt from floor area calculation up to a maximum of 4,000 square feet of floor area. Floor area below natural grade which exceeds the 4,000 square foot exemption provided herein shall count toward the calculation of allowable floor area. If any part of the below grade space is exposed above natural grade (such as walk -out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree requited to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten (10) percent of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. -4 111111111111111111111111 till 1811Ililtl iii Hill 1111IN 420467 00/10/1900 04:19P PUD DAVIS SILVI 4 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO S. Garages and Carports. For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is a single family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When a single family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. 6. Crawl Space. Crawl spaces shall be exempt from the rf) calculation of floor area, even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (5,60)• 7. Attic Space. That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (516 ") in height shall count as floor area." ARTICLE V FLOOR AREA LIMITATIONS 1. Single- Family Dwelling Units. Single- family dwelling units are limited to a floor area of 6,000 square feet, as defined in Article IV above. 2. Ski Club Building. The Ski Club Building to be located on Block B, as shown on the Moore Family PUD Final Plat, is limited to a floor area of 5,000 square feet, as defined in Article IV above. ARTICLE VI HEIGHT DEFINITION Height is defined by the Code in effect on April 2, 1997, ti which is the date the Moore Family PUD Site Specific Development Plan was approved. The definitions of height and building height in effect on April 2, 1997 are: 1. Height. "HEIGHT means the maximum vertical distance between the lowest point of natural or finished grade to the highest point of a structure or other feature. Also see: BUILDING HEIGHT." 2. Buildina Height. " BUILDING HEIGHT means the maximum distance allowed, based on the following criteria: -5 1111111 Hill 111111111111111111 Fill 111111111 HIM Ell IN 420407 08/10/1858 04:10P PUD DAVIS SILVI 6 eF 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO (a) on Pitched Roofs: (1) There shall be no mid -point of a roof which exceeds the prescribed height above existing grade, whichever is lower. The mid -point of the roof shall be defined as that point which is halfway between the top of the ridge, and the eave point. The eave -point is that point in the roof plane which is directly above the outside of the wall below. In the case of a covered deck or patio, the eave -point shall be that point which is directly above the outside face of the structure, or three feet (31) in from the edge of the roof, whichever is more restrictive. (2) There shall be no point of any ridge or other roof peak, which exceeds the prescribed height above the existing or finished grade, whichever is lower, by more than five feet (5') . (3) There shall be no eave -point which exceeds the prescribed height above existing or finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside face of a building to form a gabled end will be permitted, to the extent that they conform to (2) above. (b) on Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed height above the existing or finished grade, whichever is lower. (c) All roofs within a multi -roof building shall conform to these standards. (d) All measurements shall be made vertically; i.e., that each point of a roof shall be measured to the point of grade which is directly below it -- vertical and plumb. Roof points which are not at the exterior of the building will be measured against existing grade only. (e) Antennae, chimneys, flues, vents, and similar structures shall not exceed the prescribed height limit by more than ten feet (101). (f) Water towers, mechanical equipment, solar equipment, and similar equipment shall not exceed the prescribed height limit by more than three feet (31). (g) In no event shall any structure, including antennae, chimneys, flues, vents, water towers, mechanical equipment, solar equipment, and similar structures exceed thirty - eight feet (381) above existing or finished grade, whichever is lower." - 6.4l11111111N11l1 1111111 111111111111(IIIIgl111111111111 4111 08/10/1888 04 :19P PUO DRVIS SILVI 8 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO /00� ARTICLE VII HEIGHT_LIMITATIONS 1. Dwelling Units. All dwelling units, except those to be bonstructed on Lots 25e through 31e, Block A, Moore Family PUD Final Plat, are limited to maximum height of 28 feet. 2. Affordable Housing Dwelling Units. The dwelling units located on Lots 25e through 31e, Block A, Moore Family PUD Final Plat, are limited to a maximum height of 16 feet. 3. Ski Club Building. The Ski Club building to be located on Block B, Moore Family PUD Final Plat, is limited to a maximum height of 28 feet. 4. Ski Lift Towers. The ski lift towers are limited to a maximum height of 40 feet. ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the building envelopes, with the exception of grading necessary for driveways and driveway retaining walls, roads.as depicted on the Detailed Submission grading plans, and berms and landscaping in open space Area 9. ARTICLE I% DRIVEWAYS Driveways, grading associated with driveways and driveway retaining walls for the sole purpose of driveway construction are permitted outside building envelopes between the lot access point and the designated building envelopes. Driveway retaining walls located outside the building envelope shall not exceed six (6) feet in height. Stepped -back or terraced wall structures with ample planting pockets are to be used where grade changes exceed six feet. Decorative walls located outside the building envelope, not used for retainage, are prohibited. ARTICLE K MINIMUM LOT WIDTH The minimum lot width is established on the Moore Family PUD Final Plat. ARTICLE SI MIHIMIIN LOT SIZE Minimum lot size is established on the Moore Family PUD Final Plat. I II1111INII 111111 111111 1111 !181111111 III !1111 1111 IN 420487 08/30/1898 04119P pUD DAVIS SILYI 7 of 40 R 203.00 D 0.00 N 0.00 PITKIN COUNTY Co W ARTICLE %II BUILDING DESIGN 1. Affordable Housing Dwelling Units. Final design of the affordable housing units shall be generally consistent with the Moore Family PUD Detailed Submission Sheets A -4, A -5, A -6, A -7, A -8 and A -9, attached hereto as Exhibits "A ", "B ", "C ", "D ", "E ", and "F" and made a part hereof. 2. Ski Club Building. Final design of the Ski flub building.to be located on Block B, Moore Family PUD Final Plat, shall be generally consistent with sheets A -1, A -2 and A -3 attached hereto as Exhibits "G ", "H" and "I" and made a part hereof. 3. Affordable Housing Dwelling Units Minimum Floor Area. The affordable housing dwelling units shall be equal in size or larger than the minimum floor area standards established by the 1996 Aspen Pitkin Housing Guidelines. ARTICLS BIII DEVELOPMENT OF SLOPES OF 30 PERCENT OR GREATER 1. Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. 2. Steepness of cut and fill slopes shall be the maximum which will insure stability and still allow revegetation. n� 3. Development plans shall include reasonable but adequate Y control measures. Large tracts should be developed in small, workable units without leaving large areas for long periods. 4. Use mulches or temporary cover on exposed soil areas and re- establish permanent vegetation and install erosion control measures as soon as possible. S. Incorporate natural drainage patterns into the development plan. Culverts, sediment basins and other engineering measures should be used where necessary to control erosion. ARTICLE SIV GEOLOGICAL AND GHOTECHNICAL DESIGN REOUIREMSNTS 1. All buildings shall be designed to incorporated ' positive drainage away from building foundations. c p 2. All building foundations shall be designed based upon p the recommendations of the HP Geotech which is attached hereto as Exhibit "J" and made a part hereof. - e I IIIIN Illll lllil 111111 IN 11111111111 III 1111111111111 420467 08/10/1998 04:19P PUD DAVIS SILVI 8 of 40 A 201.00 D 0.00 N 0.00 PITKIN COUNTY CO r"11 ARTICLE %V WILDFIRE MITIGATION The following wildfire mitigation standards are required on Lots 4, 5, 6, 7, 8, 10, 11, 12, 13y 26, 27 and 28, Block G, Moore Family PUD Final Plat: 1. A 10 foot perimeter around all legal structures shall be clear of tall grass and brush. The grass in this perimeter shall be kept mowed and only small plants or shrubs shall be used for landscaping. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of fuels a minimum of 30 feet perimeter around the structure. Within the 30 foot perimeter, spacing of clumps shall be a minimum of two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3. Spacing between the clumps of brush within the 30 foot perimeter shall be a minimum of two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 7. The owners of the property shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The address shall be clearly marked and visible from .(,c the roadway within a minimum 211 letters. ��� v 9. Roof materials for all structures shall be Class A, non - combustible (no wood shakes or shingles) material approved by the Underwriters Laboratory with no flat roofs. ARTICLE ZVI LIGHTING Lighting in the Moore Family PUD shall comply with the lighting standards in the Code and as set forth hereafter. h° i Ililll 11111 HIM 1111111111111111111111111 11111 IN IN 428457 08/10/1098 04t18P PUD DAVIS SILVI 9 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY c0 4. All branches shall be pruned from trees and brush within the 30 foot perimeter to a height of 10 feet above the ground and ladder fuels shall be removed around trees and brush. 5. All branches that extend over the roof eves or are within 15 feet of the chimney shall be trimmed. 6. The access drive shall meet minimum County driveway standards. 7. The owners of the property shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The address shall be clearly marked and visible from .(,c the roadway within a minimum 211 letters. ��� v 9. Roof materials for all structures shall be Class A, non - combustible (no wood shakes or shingles) material approved by the Underwriters Laboratory with no flat roofs. ARTICLE ZVI LIGHTING Lighting in the Moore Family PUD shall comply with the lighting standards in the Code and as set forth hereafter. h° i Ililll 11111 HIM 1111111111111111111111111 11111 IN IN 428457 08/10/1098 04t18P PUD DAVIS SILVI 9 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY c0 0) A I D 1. Sources. The following general lighting source types are acceptable providing they conform with defined parameters in regard to lamp color, color rendering ability, and efficacy (energy efficiency). (a) Incandescent,.including quartz (tungsten - halogen); (b) Fluorescent; (c) HID; and, (d) QL (induction lighting) 2. Illumination Levels. Illumination levels shall comply with the following standards established in the Pitkin County Land Use Code. Sfc; (a) Public Parking Lots - from .Ofc to .5fc; (b) Pedestrian Walkways and Driveways - from .lfc to (c) Vehicular Intersections - from .5fc to lfc; (d) High Activity Pedestrian Areas - from .Sfc to lfc; and, (a) Security Areas - from lfc to 2fc. 3. Source Shielding. All sources shall be fully shielded, i.e., no light shall be emitted above 80 degrees from nadir (straight down). While this is a general guideline, the location, context and source will be part of the evaluation to insure that the lighting solution is in the spirit of these regulations. 4. Source Heights. The mounted heights of fixtures shall be limited to twenty feet (201).above ground level. S. Illumination Techniguea and Fixture Types. (a) 8xterior lighting. House numbers shall be illuminated by fully shielded source. Landscaping shall be maintained so house number is visible from road. (b) Security Lighting. Security lighting shall come from a fully shielded device providing no more than lfc and mounted no more than ten feet above the ground. 6. Switching and Control. Security lighting shall be controlled by a motion detector that limits its duration to five minutes. A panic switch shall be provided for which will turn the lights on for the five minute interval, A permanent override shall be prohibited. -1 I II�III VIII I�II�I VIII' OIt �llll �ll�li III "I'If NI IIII 420467 08/10/1998 04:19P PUD DAVIS SILYI 10 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO W 7. Prohibitions. There shall be: W (a) No low pressure or standard high pressure sodium lamps. No mercury vapor lamps. (b) No exterior neon, cold cathode, linear fiber optic sources or the like. i (c) No rear illuminated signs. (d) No lasers or special effects lighting (decorative or otherwise). Suitable standards for holiday lighting will be determined. (e) No uplighting. (f) No sports or recreational lighting. (g) No landscape lighting. (h) No driveway lighting in the residential areas. (i) No roadway lighting in residential areas except as necessary for safety purposes. (j) No lighting of exterior structural facades. S. Conformance. Enforcement and Penaltv. These standards shall be provided to all residential owners. Lighting systems shall be reviewed on a periodic basis to assure continuing compliance. Fines and penalties shall be formulated for those in non- compliance. ARTICLE SVII TANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan, 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made a part hereof. 4. The Declarant will transplant as many trees as possible 111111111111111111111111111111111111111111111111111 IN 420467 06/10/1698 04: SIP PUD DAVIS SILVI 11 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO ra from areas on the property disturbed during construction to other areas on the property, A nursery may be established in the vicinity of the Ski Club building to store the trees until the next available planting season. The nursery shall not be used after the completion of the final phase of infrastructure improvements. ARTICLE XVIII POWDERBOWL TRAIL (MOORS HIGHLANDS CONNECTOR ROAD) Powderbowl Trail is a public trail limited to pedestrian, bicycle, nordic skiing, alpine skiing and snowboarding west of the driveways accessing Lots 1 and 19, Block G, Moore Family PUD Final Plat. Motor vehicles are prohibited on Powderbowl Trail west of the driveways,accessing Lots 1 and 19, Block G, Moore Family PUD Final Plat, except for emergency access purposes and trail grooming in ski seasons. signs shall be placed in appropriate locations to clearly describe the uses allowed on Powder Bowl Trail. Any use of Powderbowl Trail for transit services shall be subject to 1041 Hazard Review and an amendment to the Moore Family PUD and this PUD Guide. The Moore Family PUD Master Association ( "Master Association ") shall be responsible for maintenance of Powderbowl Trail, which maintenance responsibility may be delegated to and assumed by the Aspen /Snowmass Nordic Council. ARTICLE XIX FURTHER DEVELOPMENT Future development of the Moore Family PUD, except as permitted herein, or which is otherwise inconsistent with the Development Approvals is prohibited without approval of Pitkin County. ARTICLE XX ENFORCEMENT Each provision of this PUD Guide shall be specifically enforceable by the Declarant, its successors and assigns, the Master Association, and Pitkin County by a proceeding for any legal or equitable relief, including a prohibitive or mandatory injunction or action to recover damages. In the event of any litigation between the parties involving the interpretation and /or enforcement of this PUD Guide, or any provision hereof, the prevailing party shall be entitled to an award of its costs and expenses (including reasonable costs and attorneys, fees) incurred therein as a part of the judgment or stipulated settlement entered in such litigation. ARTICLE XXI AMENDMENT -12- 111111111111111111111111111111111111111111111111111IN 420407 00/10/1990 04:19P PUD DAVIS SILVI 12 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO The covenants, conditions, and restrictions contained herein may be amended, modified, or revoked by the agreement of the Declarant, its successors and assigns, Pitkin County, and the Master Association, to the extent any covenants herein are assigned to the Master Association. No amendment or revocation shall be effective without the consent of the Declarant and Pitkin County. ARTICLE XXII SEVERABILITY Invalidity or unenforceability of any provision of this PUD Guide, in whole or in part, shall not affect the validity or enforceability of any other provision, or any valid and enforceable part of a provision of this PUD Guide. ARTICLE XXIII NOTICE Any notice permitted or required under this PUD Guide shall be in writing, and delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered forty -eight (48) hours after a copy has been deposited in the United States mail, postage prepaid, certified mail, and addressed to the party at their last known address. IN WITNESS WHEREOF, the Declarant has executed this PUD Guide as the day and date first above written. DECLARANT: ACCEPTED BY: JAMES E. MOORE FAMILY PARTNERSHIP, BOARD OF COUNTY LLLP, a Colorado limited liability COMMISSIONERS OF PITKIN limited partnership COUNTY, COLORADO Bye P General F� artner BY Dorothea F 1j Thomas A. Moore, Chairperson Q_ STATE OF COLORADO COUNTY OF PITKIN The foregQin g day of , E of JAMES E. MOORE liability limited as. instrument was acknowledge 1998, by Thomas A. Moore, FAMILY PARTNERSHIP, LLLP, a partnershi Witness my hand and off My commission expires:" d before me this �F4'!'N as General Partner Colorado limited 111111111111111111111111111111111111111111111111111 IN 420467 08/30!1490 04:10P PUD DAVIS SILVI 13 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF COLORADO ) ss. COUNTY OF PITKLN ) The forgoing instrument was acknowledged before me this -f-4 day of 1998, by Dorothea Farris, Chair, Board of County domr9ssioners of Pitkin County, Colorado ...,. `G Witnessed my hand and official seal. r My commission expires: Ogg, 4� tary Public -14- ������ IINLIIIIII 111111 IN 11111111111111111111111 IN 420467 08/10/19N 04 .-16P PUD DAVIS SILVI 14 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO �O-^ LIST OF EXHIBITS Exhibit "A" Moore PUD Affordable Housing Typical Units for Lots i through 5 Exhibit "B" Moore PUD Affordable Housing Typical Units for Lots 6 through 9 Exhibit "C" Moore PUD Affordable Housing Typical Units for Lots 10 through 16 Exhibit "D" Moore PUD Affordable Housing Typical Units for Lots 17, 18, 23, and 24 Exhibit "E" Moore PUD Affordable Housing Typical Units for Lots 19 through 22 Exhibit "F" Moore PUD Affordable Housing Typical Units for Lots 25 through 31 Exhibit "G" Moore PUD Ski Club Building: Site Plan Exhibit "H" Moore PUD Ski Club Building: Upper Level Plan Exhibit "I" Moore PUD Ski Building: Elevations Exhibit "J" Supplemental Geotechnical Study Proposed Moore Family PUD Near Aspen Highlands, Pitkin County, Colorado Exhibit "K" Moore Family PUD Plant List for Development South of the Flume 111111! 1111111111111 1111111111111111111III111111III IN 420407 00/10/1888 04 :18P PW DAyIS SILYI 13 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO C: \clients \Moore \pud guide -15-