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Home My WebLink Aboutcoa.lu.pu.Maroon Creek PUD am.A09301 r""\.", ,- ';;: ./ , CASE NUMBER PARCEL In # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~ A093-01 2735-113-09015 Maroon Creek Club PUD Amendment for mailbox enciosur Lot 15, MCC James Lindt Insubstantial PUD Amendment Maroon Creek Club Master Association Bill Lukes 11/16/01 Approved 11/19/01 J. Lindt ~ '" . .,~ t",J "'."'NOY. 16. 2001~ 5:51PM' ~ss'KAUFMAN & PETERSONI20 6986; _L -. .._... 1 J...i.,~!~. WI '" r \ Nov-15,Ol lo:;NO. 1411 FM- 7 P. 2/7 :l/5 P. 02 MEMORANDUM TO: pROM: Julie Ann Wood~, COInmllnity De'\'clopm~nt Director Jame~ Lindt, Planning Technician .J1,... Rc: Maroon Creek Club rnsubitllntilll PUD Amendment for an opell afr Mailbox Enclosure DATE: November 14, 2001 SOMM"RY, , The Maroon Creek C!Llb Masler Associatlon, repre$ented by William Lukes .nd nrooke Peterson, have applied fot an insubstantial amendment to an approved Maroon Cretk Club pun to allow for an open air mailbox enclosure to be constructed on Lot I S of the Maroon Creek Club PUD. Lot I S of the MaroOIl Creek Club PUD is thc Parking Lot Parcel located at the intcl'lloction of Tieback Road and Pfister Drive (see Vicinity map h\eluded as Attachment "C"). Thc applicant is proposing to construct an approximately 9 fOOl by 9 foot open air structure to house th. rnailboxes for the sinsle family residences (see floor and elevation plans atlached as Attaehlnent "B"). STAFF FINDINGS: Staff finds that the proposed stnlcttlrC is ill character witb the Oliginal development propos;!.!. The Parking Lot Parcel is a site speci fic development plan and does not have an allotted FAR. Therefore, a pun Amendment would allow for them lo constnlct an open air mailbox enclosure on this site. The underlyiIlg Conservation Zone District allows for acccssory. buildings as a permitted use. Staff feels Ihu, the proposed a.m.tnqmcnt will Ilot significantly aller tile character orthe developmCllt. Staff finds that the proposed application meets the criteria for an insubstantial PUD AmendmenL Stan' has rcviewed thiR proposed amendment and recommends that the Commlll1ily Development niteelor administratively approve the proposed amendment with condition., APl'I.JCANT: Maroon Creek: Club Mi\.'llllr Association, represented by aill Lukes and Brooke Pelerson. LOCA1'lOl'/: LOl$ I S, IAnI'M'; Creek Cltlb PUD (Tieh~ek Parking LOI Poreel) ZONING: Conservation pun 1111111111111111111111111 111111 ~~~~~:~:2; S4P s SILVI~ DAVIS PITKIN COUNTY co R 30.00 D 0.00 1 sent NOV. 16.2001' 5:52PM ~ssoKAUFMAN & PETERSON10 6986; ~ ,,_. ., ...JL, "'1?0o.., !FV .lfl Nov-15-01 10:2NO. 1411 - FAY; , p, 3/74/5 p, 03 RF.vmw PRilC~UUltE: Insubstantial al~~cndtncnt to en .pproved PUD may be approvcd by the Coml1lunity Development Dir~ctor, pursuant 1(I Section 2G.445.1 00. STAFf COMMENTS: R.eview criteria and Staff Findings have becn incl\lded as Attachment "A". Thc application has been inoluded as Attachment "H". A vicinity map is iJJchlded as Attachment "CO', RP:COMMY.NIIA, nON: Staff recolnmunds lhe Comm'lnity f).velopmen! Director approve wilh eonditions this IltSubslantlaJ pun Amendment 10 allow fo{ an open air mailbox enelOS'lre 10 be constructed on Lot IS of the Marooll Creck Club pun as propOsed in Ihe attached application (Attaohment "B"). APPROVI\I,: r hel'shy approve this Insubst.1nti.1 A.mendment to Lot 15 of the Maroon Creek Club PUD to allow for the con;truction of an open air struoture to hou~e the mailboxes as proposed with the following condiliOns. COMMUNITY DEV.I.OYMCNTOIHloGlI.., CI'lYOFASPEN 1. No (l'oes shsll be removed during tho eon.lnlel;on of the strucl.u:c without tirst obtaining a tree removal pennil from the City of Aspen Park's Department. 2. Any outdoor Iighling shall meet the City of Aspen Lighting Code pursuant to Section 26.57$.150 of the City of Aspen Land Use Code. 3. rr cloclclea! UShting is included in or On the .truclure, then all electriClll permi( shall be obtained ftom the Aspen/flilkin County Building Department. APPROVED dato-l..161jol , hmW(J;A7;:~;~:;.' 0. Albert, aroon Creek Club Mastc Ass iarlon NOV 14 Z001 ATTI\CHMI!N'TSI Attachment "A" .. Review Criteria Checklist Attacluncnt "a" - Application Attachment "e" .. Vicinity Map 11111111 111111I1111111rllIllllllllIllllllIlllllllllI. ~~;~~::! :2' 54P L SILVIA DAV!S "'ITKIN COUNTY co R: 30.09 0 0.00 2 ~entNOV, 16. 200lm 5:52P~ ~66(KAUFMAN & PETERSON'20 69S6; . '" ., _Uw. .....""r\'U nIl , J J " , J J / ~OV.15-01 10;.NO.1411 F:.O, p, 4/7 5/5 p, Oq CRse No. Psreul 10 No. Reviewed 8y ATTACHMENT A A09J.O I 2735-113-09-015 Jalll~.fd!!.c!! Zone District CcnselVlllien PUD Date 11/5/01 Insubstantial PUD Amendment Checklist 26, 445.100 l(eview Criteria A 11 insubstantial {'UD AllIendlnellt. .hal\ meet the foIlawil1S crileri3, PUrsWll11 to Section )16.445.100, Amendment 10 PUO D.vclop11I.ntOrdcr. rs{ The proposed amendment does not change lhe use or charac.1er of the development. The proposed amendment does not increase by greater than tlu-ec (3) pereelll the overall coverage of stnlc[llres on the llllld. 'fhe proposed amcndment does not substantially increases trip generation rates of the proposed d~velopmcnt, or lhe demand forpublie facilities. TIte pnlposcd amendment does not decrease ~le approved opell space by greater than three (3) peroent The propos~d amclldmcnr does not reduce tbe off street parJdng and loading space by greater lhan one (1) percent. 111e proposed amendment does not roducc required pavement widths or rigllts-of- W",).'/ for streets and easements. TIle proposed lIlncndmem does n(lt increase the approved gro~s leasable floor area of commcrcial building by greater than two (2) pertent. The proposlld llltlendrncnt does not il1orell.\e the approved residential density oflhe development by greater [hall one (I) percent. Th" proposed amendlllent will nor c:rI"'! a.hange whioh is inconsistcnt with" condition Or reprcllenlation of the project' S ori~inal approv,\\ or which requires granting a varialion rrom tho project's approved \ISC or dimensional requirements. 3 II 111/11111 1111 1IIIIIIfIIII ~~;~~~:r:2 ;S4P , SIL-VI" Mvrs PIT~IN COUNTY CO R a0. 00 0 0.00 .. dOS'~: 01:;~i;~~.li~ I~IIIIII "llIllrl~(~ml"II~111~nfll~li i , ] :Ij-...---.--:;:::g.---..---..-'- .~::i ." ..----,1.:~--- ..., ti 1 I t' oi.7"'; i '_.... ;. (r:;- fir J I .-..-..--.-.-....:r - I ~,;, i I.-II ' . , ~~F;<T~ --'--~--~'I I " ;1'~'!/'T'l ' ,.., :~~:tll )1 :: ! ; :-~-"1" I' ;'.Irr 'I) l: I.::;"~i i ;:j ;'[lr' ,\ II I I !";!:'J:J.:!-i"'1 I.:,.LI JI'l I I (-;-:--t-I:"-:' 1 j ~,~ I 1 I I ,71','(::'" :-,l ,'.:). i I I "" -f.:-j """'-::. :-1. i I I ~~;:LU::t.:::..!=' I I . -..J.::;r-'1=1_~'" r-=\l= . ;::j:-j=-<.,,:!"::;"::):::t.,::J "'.I I I ~~:~..Fr;::.F.l~\'~I.~: ~:~: : :~. 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E ii. 7- <( ;~.I -.I u_ "1 C! ii ili \1 ~ ~ ~ ~1l':; xu,g ~H ,,:t , u i:JU ~~ .~ . ~ l, .'l~ - ,:, ~; I, () , .{ " }\ ~j }~ " ~, .. / " , ,.. ~( !;; :'. ., '.' ~ ~, " \!!o} ~:D \: '.~ .,; 1,0'".,,'1, OUIJ~~ .. ~ g h ~ N ~a + cS Ie i 8~~..":@ ;J ~ -3 ~ 5~h~ ~~.<!- . ~;-;.. i.,,~~ /'"'\ ,~ ' . NOSmld ~ NW>ljnV~ ~d~H lOO~ '9\ 'AON L/L'd Iltl'ON r'I /""\ 't ? ~ tlll A+ho<c h rtlent 0 Maroon Creek Club Subdivision/Application for Insubstantial PUD Amendment - Mail Shelter Installation. Lot 15 (Tiehack Parkin!! Lot) Table of Contents I. Application Fee 2. Summary Letter 3. Signed Fee Agreement 4. Pre-Application Conference Summary 5. Letter of Approval and Consent 6. Vicinity Map and subdivision maps 7. Drawings for the proposed mail shelter 8. Land Use Application 9. Attachment #2, Dimensional Requirements Form 10. Application materials set forth in Attachment #3, Minimum Submission Requirements, including survey for adjacent parcel, Lot 16, Maroon Creek Club Subdivision. II. Application materials set forth in Attachment #4, Specific Submission Requirements, including the Protective Covenants for the Maroon Creek Club Subdivision as requested by James Lindt. ("') ,-. , j BROOKE A. PETERSON GIDEON 1. KAUFMAN'" TERRI J. KAFRISSEN LAW Ol"l"ICES OF KAUFMAN & PETERSON, P.C. OF COUNSEL: HAL S. D1SHLER"* 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 . ALSO ADMITTED IN MARYLAND .. ALSO ADMITTED IN TEXAS VIA HAND DELIVERY November 5,2001 Mr. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer Aspen/Pitkin Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Maroon Creek Club Subdivision/Application for Insubstantial PUD Amendment - Mail Shelter Installation. Lot 15 (Tiehack Parkin!! Lot) Dear Julie Ann and James: Please allow this letter to serve as an application on the part of the Maroon Creek Club Master Association, as the duly authorized representative ofthe owner of the Lot 15, Maroon Creek Club Subdivision (the "Applicant"), for an Insubstantial PUD Amendment to the approvals for the Maroon Creek Club Subdivision for the following purposes: I. To construct a mail shelter adjacent to the parking lot of the design in the attached drawings near the Northwest comer of Lot 15 (the Tiehack parking lot) with the additional clarification that the mail shelter proposed would also have one (1) or two (2) lights on the structure activated by a motion sensor for safety in picking up mail at night. With respect to the specific submission requirements, please be advised as follows: I. Review Deposit. Enclosed please find a check from the Maroon Creek Club Master Association in the required amount of Six Hundred Eighty Dollars ($680.00). 2. Pre-Application Conference Summary. Enclosed please find the Pre-Application Conference Summary prepared by James Lindt. 3. Fee Agreement. Enclosed please find the Fee Agreement with the City duly executed by Gary Albert, President of the Maroon Creek Club Master Association. 4. Property Owner's Consent/Approval letter from the Maroon Creek Club Master Association. Enclosed please find a Consent Letter duly executed by Gary Albert as President of the Maroon Creek Club Master Association. By virtue of the provisions of the Protective Covenants for r'\, n Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer November 5, 2001 Page 2 the Maroon Creek Club Master Association, copies of the relevant sections of which are enclosed, the Maroon Creek Club Master Association is granted all of the powers set forth in Colorado Revised Statute 38-33.3-302 (a copy of which is also enclosed), which includes the power to "institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community". The Maroon Creek Club Master Association's address, for the purposes of this application, is c/o Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone: 970-925-8166. Furthermore, we, as attorneys for the Maroon Creek Club Master Association, certify that all of the information contained in the submission is correct. The consent letter also evidences the approval by the Maroon Creek Club Master Association of the construction of the mail shelter and also authorizes Kaufman & Peterson, PC to act on its behalf with respect to this application. 5. Proof of Ownership. Please be advised that I, as an attorney licensed to practice law in the State of Colorado, have examined the Pitkin County records and hereby certify that the present owner ofthe property in question is Maroon Creek Cub Master Association, a Colorado nonprofit corporation. The property is subject only to those liens and encumbrances set forth in the exceptions listed in the Deed issued to Maroon Creek Club Master Association, dated September 22, 1999 and recorded in the records of Pitkin County, Colorado as Reception Number 435798, a copy of which is enclosed. These restrictions and encumbrances do not adversely affect the developability of the subject property. 6. Location of Propertv/Le!]:al Description of Parcel. The property affected by this request is the Lot IS, Maroon Creek Club Subdivision (the Tiehack Parking Lot) in the City of Aspen. The legal description for this parcel is included in the Bargain and Sale Deed thereto which is enclosed herewith. 7. Explanation of Proposal. The purpose of this application is to allow for the construction of a mail shelter for use by the members of the Maroon Creek Club Master Association which will enable delivery thereto by the Untied States Postal Service. Because of the location of the homes in the Maroon Creek Club Subdivision, the postal service will not institute the delivery of mail to individual residences. This application is therefore a request to build an accessory structure, rather than to change the use or character of the lot. As part of its original approvals for the PUD, Pitkin County did not set forth any setback requirements for this lot. The subject lot was designated as a parking lot in the Site Specific PUD Development Plan. We are requesting that an addition be made to the Site Specific PUD Development Plan for Lot 15 to allow for an accessory structure ofless than One Hundred and Twenty (120) square feet. With respect to the criteria set forth in Attachment #5, Review Standards, to the Pre-Application Conference Summary, we believe that the explanation above addresses Criteria # I. t""\ '""" ;r Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer November 5, 2001 Page 3 Regarding Criteria #2, it is our belief that our proposal to add an accessory structure of one hundred (100) square feet on Lot 15 will not increase the overall coverage of structures on the land by greater than three percent (3%). Furthermore, we do not believe, for obvious reasons, that Criteria Numbers 3, 5, 6, 7 and 8 are applicable to our request since there will be fundamentally no change to the use or character of the lot as approved and contemplated by the granting of the proposed amendment, and none of the actual land areas of the existing parking, streets, pavement widths/rights of way, easements will be affected. Clearly, this is not a commercial project nor will the residential density be affected. Respecting Criteria #4, we believe that an addition of one hundred (I 00) square feet will not constitute a reduction of the approved open space of the PUD by three percent (3%) or greater. With respect to Criteria # 9 which refers to any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements, as previously stated, we do not believe that the proposed amendment is inconsistent with a condition or representation of the project's original approval. No variance is required with respect to setbacks, as the Site Specific Development Plan for the subject lot contains no setback requirements. Additionally, no variance is required with respect to the number of parking spaces required as the proposed structure, if approved, will be located beside the parking lot, not part and parcel thereof. 8. Prior Ap1Jrovals. Recorded Documents and Survey of the Subiect Property. James Lindt of the City of Aspen has indicated that it is not necessary at this juncture to submit documentation of prior approvals and/or recorded documents relating to the subject parcel. Should they become necessary, kindly notify our offices and we shall provide the same. We do not have a survey for the subject parcel, however, James Lindt also indicated that he would be willing to accept a survey of Lot 16 which includes the location ofthe proposed mail shelter. 9. Vicinity Map. Enclosed is a copy of the vicinity map of the Maroon Creek Club Subdivision, which includes Lot 15. 10. Planned Unit Development Map. Enclosed is a copy of the first page ofthe Plat for the Maroon Creek Club Subdivision, as well as other pages of the Plat which contain drawings of the location of Lot 15 within the PUD. We respectfully request therefore that the Insubstantial PUD Amendment as set forth herein be approved administratively by you as soon as possible. Should you need any further information, please do not hesitate to contact me. Thank you for your time and attention to this matter. 1""", ~ , } Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer November 5, 2001 Page 4 Yours very truly, Enclosures cc: Maroon Creek Club Master Associ on (via facsimile /0 encl.) William Lukes (via facsimile w/o encl.) c:lljklMCC PUD2.l018 City Applltr OCT-18-2001 THU 09:50 A~ FAX Nh p, 06 ASPf.N/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT A~reement for Payment of City of ASP.~!!J?evelollment Annlication Fees CITY OF ASPI.;N (hereinafter CITY) and Maroon Creek Club Master Association (here inaner ArpUCANT) AGREE AS FOLLOWS: I. APPUCANT has submitted to CITY an application for Insubstantial PUD Am~E~ent - Mail Shelter (hereinafter, TilE PROJECT). 2. APPLICANT understands and agrces that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fcc strucmre for Land Use application. and the payment of all processing fees is a condition preeeucnt to a determination of application completeness. J. APPLICANT and CITY agree that because of the size, nature or Se(lpC of the proposed project. ir is not possible at This time to nscert.<''iin the full extent of the costs involved in processing the appliciltion. APPl.lCANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafrer permit additional COSLs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notitic,ltion by the CITY when they are necessary as costs arc incnrred. CITY agrees it will be benefited through the greater certainty of recovering its full COSIS La process APPLICANT'S application. 4. CITY and 1\I'PLlC^NT rurther agree that it is impracticable for CITY starr 10 complete pruccs:iing or pl'CSCnt sufficient inforrnlltion to the Planning Commission <<nd/or City Council to enahle the Planning Commission and/or City Council to make legally required findings ror project consideration, unless current billings arc paid in full pdor to decision. 5. Therefore, APPLICANT agrees rhat in consideration of the CITY's waivcr or its rightro collect full fees prior to a determinMion of application eomplclcneos. APPLICANT shall pay an initial deposit in lho alllount of $ 680. 00 which is for N / A hours of Community Development staff lime, and if actual recol'ded costs excceu the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY ror the processing of the appilcation mcntioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit, Such periodic paymcnts shall be nlade within 30 days of dIe billing dolu. APPLlCANT flllthcr ,grees that I"llure to pay such accnJed costs shall be grounds ror suspension of pl'ocessing, and in no case will b\lilding pel'mits be i5sued until all costs associated with case proces5ing have been paid. CITY OF ASPEN APPLICANT MAROO REEK ASSO IA N Julie Ann Woods Community Hcvelopment Director By: Gary Dntc: By: Mailing Address: c/o Brooke A. Peterson, Esq. Kaufman & Peterson, PC 315 E. Hyman Ave., Ste 305 Aspen, CO 81611 g: Isu p po rtlf 0 rms\.~rpayas.doc 1110/01 OCT-18-2001 THU 09:49 ~, FAX~ p, 02 CITY OF ASPEN PRE-APPLlCA TJON CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE 01' APPLlCA TION: DESCRIPTION: JarnesLindt,920.5104 DATE: 10.18.01 Maroon Creek Club Planned Unit Dev",opment Amendment Bill Lukes &. Brooke Peterson Maroon Creek Cl\lb Master Association Ins\lbstantial PUD Amendment PUD Amendment to allow for an open air structul'e to house mail receptacles to be constructed on lot IS (Tiehack Parking Lot) of the Maroon Creek Club PUD. Public Hearing: Land Use Code Section(s} 26.445.100(8) Amendment of PUD development order. Review by: StaFf for complete application, referral agencies for technical considerations, Community Development Director for final approval. IfColUmunity Development Dircctor docs not think that it meets criteria for Insubstantial PUD Amendment then application is rcviewed by the Planning and Zoning Commission in a Public Hearing. No, \Inless Community Development Director does not think Ihe proposed amendment meets the criteria for an insubstantial amendment. Engineering Department Planning Deposit $500 Engineering Referral $180 $680 ReFerral Agencies: Plannh1g Fees: Referral Pees: Total Deposit: To apply. submit the following information: I. Total Deposit for review of application. 2. Applicant's name, address and telephone numbcr, contained within ,lletter signed by thc applicant stating thc name, address, and telephone numbcr ofthc rcprescntative authorized to act on bchalf ofthc applicant. 3. Signed fee agreement. 4. Prc-application Conference Summary. 5. Proof of Ownership. . 6. Lcttcl" of apprOval from the Maroon Creek Club Mastcr Association. 7. An 8 1/2" x 11" vicinity map Jocaling the subject parcels within thc City of Aspen. 8. A written description of the proposal and a written explanation of how a proposed developmcnt complies with the revicw standards relcvant to the development application. 9. Application materials set forth in minimum submission requirements of~ttached land usc application. 10. Application matcrials sct forth in specl fie submission contents of attachcd land use application. 2 Copies of the complete application packet (items 1-9) Process: Apply. Planncr checks application for completcncss. Staff reviews application against PUD Amcndmcnt Standards. Application takcn to DRC for City Dep'lItment refcn'al commcnts. Tho Community Development Director approvcs the decision notice for an insubstaJltlal amendment if staff Feels thut the application mccts the crileri,l l'or an insubstantial amcndmcnt. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is ha,ed on current z.oning, which is subjl.::l:"t to change ill lhe future, and upon facruall'epresenrmjons that mayor may nol be accurate. The summnry does not creme a leg~l or vested right. r'\ f) LETTER OF APPROVAL AND CONSENT I, Gary Albert, as President of the Maroon Creek Club Master Association (hereinafter the "Association"), on behalf of said Association, hereby state that the Maroon Creek Club Master Association has approved the installation of a mail shelter on Lot 15 and hereby consent to the filing of the Application for an Insubstantial P.D.D. Amendment as detailed in the Application from Kaufman & Peterson, P.C. and I hereby authorize Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado; telephone: (970) 925-8166, to act upon behalf of the Association. MAROON CREEK CLUB MASTER ASSOCIATION Dated: October :l:1::., 2001 By: letters\consentletter ,e:~ f.j<,f! ~ ", " . l ,,<. . . 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I f'l I" f'U m OCT-18-2001 THU 09:50 ~ FAX f"""". , / p, 07 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Maroon Cr,eek Club Planned Unit Development Amendment Applicant: Maroon Creek Club Master Assoc~at~on Location: Marron Creek Club Subdivision, Lot 15-Tiehack Parking Lot Zone District: Conservation PUD Lot Size: Lot Area: (i"or the purposes of calculating Floor Area, Lot Arc:ll11ay be reduced for nrcns within the high water mark, easements, and stecp slopes. Please rcfcr to the definition of Lot Area in the Municipal Codc.) * This is an unimproved parking lot. COInl1lcrcial net leasable: Exisling: N/ A Proposed: Number of residential unilS: Existing: N/ A Proposed:__ Number oi"beurooms: Exisling: N/ A _.'proposed: Prop()$ed % of dcmolition (Historic propcrtics only): N / A DIMENSIONS: Floor Area: Existinr:;: N/A Allowable. Proposed: 100SF Principal bldg. height: Exisling: N/A _.Allowable: Proposed: Access. bldg. height: /:'xisling: M I}l, Allowable: 25' Proposed: 13' 6" On-SilQ parking: Exisling: N/A Required:_. Proposed:.._ % Site coverage: ErisLing: M/}l, _Required: Proposed: % Open Space: EriSling: N/A _.._Required: Proposed: Fro,l1t Setback: Exisllng: N/A _Required: Proposed: Rear Sctback: Existing: N/A __Required: Proposed: Combined FIR: Exlsllng: M/}l, Required: Proposed: Siue Setback: Existing: N/A Required:__ Proposed:.. Side Setback: Existln/;: N/A Required: __ Proposed: Combined Sides: Existing: N/A Requlred:__.__Proposed: Existing non-confolmitics or cncroaehments: N I}l, Variations reque~ted: ~<:ne. Sent By: William Lukes + Ass~tes; ----..--' ---- \,.,A ;"::;4 () ~ .( ~ ~ k:; ~ e.OjO.6--..... '- R M e,030,f.6 8(j31~ ,-..,. ~ ~ o ~ , / i / II / ! , / , / i / i e 970 920 6986; ~~24-01 11 : 37AMj \'\\;rl j / ~u I \ I I 1 \ \ 'COLF" C8JRSE I \ .: \ E'-St:',IENT 918~ ?'(;" \ \ \ I '/( / / c21 \ I \ '1'1 /' (I \ \ . \ \. \ ( / /' \\ i "1 \',"- "- \ \ I I \ , \ "- ", " , I \ \" \" 1,\ \.. \ i' \ ".... " ,I' \ , '~n' -', ., S:--.4--1 1"') .,~ \ \ \ ---____.- \ ' U"1" \ ", . \ '\ ' '~l\ \ \ \, '" '\ '" \' \ . I ,\1\\ '\ '\ (..?\ \ \ \ . \ ~ \ \ \ '," 0 \\\ \ \ cf) \ \ \ \. '. T r' r JLj~J V,'~A\ r A - "'-./...... A... Page 2/2 L <. 8E i. \ \ I ! / I / i , , i / J I ! I \ ' \ , \ . \ \ \ , . , ;' I , [ , I I -~ \ , \ \ \ \ \ I \ \S'I ; ,~, \ I...."-' \ \ \ \. -0 'P ~ -z. co , ' " \ 15 38-33.3-222 ,-..., Propc:rt: r<c:al and Personnl 143<; / (3) Every miergeror cOri$'olidjtion agreement mustprovide for the reallocati allocated interests in the new [!sso~iation among the units of the resultant comma a~ Of lhe: community either by stating the reallocations or the formulas upon which they ar~ tbntcrc,t ,,< JSed. Suurce: L. 91: Entire article added. p. 1734. * I. effective July 1. 1992. :' 38-.33.3~222., ,Addition of lIn~pecitied re:.ll ~st:.lte. rn a commo,n inter~st communi. the nght IS onglnally reserved In the declaratIon, the declarant, tn additlOn to Jnv .l:._'f development right, may amend th;;: decl8ri.1tion at any time during as many YCJrs' .(:l~\.'. sp(,c,itkc.l in the ~C::,clunl(ion to .add i.l,dditional reed eS,tate to t~e, common in~erest c(")rn'r~uJr\' (Y, \vlthout descnblng the locatIOn ot t,hat real estate In ~he onglnal declaration: but !hl..: ;lr~l. ot real estate added to the common Interest communlEY pursuant to this section m. , q exceed ten percent of the totnl area o,t' real estate ,descnbed in section 38-33.3-205 i\\ ~\.'{ and (I) (h), and the dec!aml1t may not In any eVent Increase the number of units in Ill" ~) mon interest community-beyond the numberstatecl in the original declaration pursl~'lulfn. . "S-""7()'(I)(I) '[ d' . "8"""'17(' . '"'''' section ~.,( -.).),_,._ :1 (,except <.1S provlce 1n sectIon.) -.).),.)_!.. ,4). Source: L,. 91: Entirc:article added, p, 1735, ~ 1. effective July 1. 1992. L. 98: Entir\: \~'~'. tion amended, p. '+83. S L2. effective July 1. PART 3 MANAGEMENT OFTHE COMMON INTEREST COlvlMUNITY 38-33.3:..301. Organization of ullit ownerti' :.Issociation. A unit owners' associ<ltit)f1 \h;llJ be organized no later than the date the first unit in the common interest communitvis Ctln, veyed to a purchaser. The membership of the association at all times shall consi;r "':.'iclu. sively of all unit owners or. following termination of the common interest community, ()f ;111 former unit owners entitled to distributions of proceeds under section 38-33.3-218, (;r tl11:ir heirs, personal representatives. successors, or assigns, The association shall be org,:Wizl.:u:l:'i a nonprofit, not-for-profit, or Jor.profit corporation or [IS a limited liability company ill accordance with the laws of the state of Colorado; except that the failure of the associatioll to incorporate at organize as a limited liability company will not adversely affect eitha the existence of the common interest community for purposes of this article or the rights ()( persons acting in reliance upon such existence, other than as specifically provided in sl.:clion 38-33.3-316. Suurce: L. 91: Entire article added. p.I735, ~ 1. effective July 1.1992. L. 98: Entire sec, tion amended. p. 483. 9 13. effective July 1. 38-33.3-302. Powers of unit owners! association. (1) Except as provided in subsection (2) of this section. and subject to the provisions of the declaration, the association, withoUl specific authorization in the declaration. may: (a) Adopt and amend bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and colkct assessments for cornman expenses from unit owners; (c) Hire and terminate managing agents and other employees, agents, and indepemknt contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit Owners on matters affecting the common intl.:r. est community; (e) Make contracts and incur liabilities: (f) Regulate the use, maintenance. repair: replacement. and modification of common elements; (g) Cause additional improvements to be made as a part of the common elements; (h) Acquire, hold. encumber. and convey in its own name any right, title, or interest to real or personal property, subject to the following exceptions: (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 38-33.3-312; and I t I , , 1 I j , , .,~. ~v~ "':~ 4 !'---"', \.,J ... r\ . d'l'''''', nn Bf< 733 F"G 598 :-::;r. .',::.c "I 7........ R364075 12/02/93 16:-~~: Clerk. Doc ..00 R . F"i~'kJIl _~[l., '" Silvia DavlS, -.. ---....- . Reception Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue 'Aspen, Colorado 81611 MASTER DECLARATION OF PROTECTIVE'COVENANTS FOR MAROON CREEK CLUB PITKIN COUNTY, COLORADO ,,",:,,~,?!. '-, I [J",.", ,~. .' ""l: \",J' - r-<" (',n BI""\33 P13 599 f\ ~..., F'ee ~t~17\J. -. -j" \\':.'\.64.075 )..,,02/9:5 16:.-: >, Clerk, Doc $.(:'(> Pitkin Cnty . Silvie. Davis, MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB PITKIN COUNTY. COI~RADO 1. DECLARATION - PURPOSES. 1.1 General Purposes. Pearce Equities Group II Limited Liability Company, a Utah limited liabil~tr company and T~e Pfister Family, LoP. a Colorado l~m~ted partnersh~p (collectively the "Project Owners") are the owners in fee simple or by leasehold estate of certainre~lproperty located in Pitkin County, Colorado, described in Exhibit ~ attached hereto and known as the Maroon Creek Club. The ProJect Owners intend that owners, trust deed beneficiaries, mortgagees and any other persons or entities pow or hereafter acquiring any interest in Maroon Creek Club shall hold such interest subject to all the rights, privileges, obligations and restrictions set forth in this instrument. In addition, Maroon Creek Club Master Association is being created as a master association to perform certain obligations described herein and to own, hold, operate and manage property for the common benefit of owners of the property within Maroon Creek Club. 1.2 Declaration. To further the purposes herein expressed, the Project Owners for themselves, their successors and assigns, with respect to all of the Lots and Parcels, except Lot 49, of Maroon Creek Club as defined and described in the Final Subdivision Plat and PUD thereof recorded November 15, 1993 in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado, hereby declares that Maroon Creek Club is a planned community and that all said lands shall at all times be owned, held, used and conveyed subject to the terms, declarations, conditions and restrictions contained in this instrument, which terms,. provisions, conditions and restrictions shall constitute covenants running with the land and shall be binding upon and inure to the benefit of Owners and to any person or legal entity acquiring an interest in any such lots or parcels in Maroon Creek Club. 2. DEFINITIONS AND AREA DESIGNATIONS. 2.1 Act means the Colorado Common Interest Ownership Act, as in effect from time to time including any amendments to or replacements thereof. Any reference to a particular section of the Act shall include any amendments to or replacements of such section. When this Declaration makes reference to defined terms appearing in the Act such terms shall, unless otherwise provided, have the same meaning as provided in the Act. 2.2 Annual Assessments means the charges levied and , ',~ 4':#' i .~-!:. -", C) ) < if.! " ",., ~; 1 ~5 . tj(, ~ 733 PG 600 '~~<"""'Q/n2/93 16:3", hec . .. Fl .. U3b4<.l'--'1 , . 'r: t Cler.k Dc $.'-''-' S i 1 v i i.~. '. ; is, F'i t k 1 n .....n Y . , . assessed each year against a Lot pursuant to Section 6.2 below. 2.3 Aooroval Resolutions means: (i) Pitkin County Resolution No. 90-87 captioned "Resolution of the Board of County commissioners of Pitkin county, Colorado Granting Approval of General Submission for SUbdivision, 1041 Environmental Hazard review, scenic Foreground Overlay Review, Planned unit Development and Rezoning for the Pfister Ranch/Golf Application" recorded in Book 629 at Page 471 of the real estate records of Pitkin County, Colorado, (ii) Pitkin County Resolution 91-111 captioned "Resolution of the Board of County commissioners of Pitkin county, Colorado Granting Approval of Detailed submission for Subdivision, 1041 Environmental Hazard Review; Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the 'Grand Amendment' Portion of the Application and Amendment to the Buttermilk ski Area Master Plan for the Pfister Ranch/Golf Application" recorded in Book 657 at Page 306 of the real estate records of Pitkin County, Colorado, (iii) Pitkin County Resolution No. 91-112 granting certain amendments to the Detailed Submission approval recorded in Book 657 at Page 384 of the real estate records of pitkin County, Colorado, (iv) Resolution No. 92-226, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting an Extension for the Maroon Creek Development Corporation to Submit the Final Plat for the Pfister Ranch/Golf Project, Recorded July 30, 1992 in Book 684 at Page 881 and (v) Pitkin County Resolution No. 93-104 granting Final Plat approval recorded in Book 721 at Page 245 of the real estate, records of Pitkin County, Colorado. 2.4 Articles means Articles of Incorporation and any amendments thereto for Maroon Creek Club Master Association, a Colorado nonprofit corporation. 2.5 Assessments means Annual Assessments and any amounts assessed to Cost Center. ) Special Special Assessments, an Owner for a 2.6 Assessment Lien means the statutory lien for payment of Assessments provided by the Act. 2.7 Association means Maroon Creek Club Master Association, a Colorado nonprofit corporation formed and incorporated to be and constitute the Association to which reference is made in this instrument to further the common interests of owners of all property within Maroon Creek Club. 2.8 Board or Executive Board means the governing board 2 . ,. , -"'."'.."", ~.. ~ " W'64<W5 12(""'"Q/9:3 16: 32 Rec: $195. 00 BF:~~ ';:1 :.. D-,' 'pitkin Cnty C1e,-lo:, Doc.) 01 VI~. C\ ~ 1 . F"G 601 ~. ~, J of the Association. 2.9 Bylaws means the bylaws adopted by the Association and any amendments thereto. In the event of any incon~istency or conflict between the Bylaws and the Declarat~on the provisions of the Declaration shall control. 2.10 Class of Membership means the three classes of voting membership in the Association as provided for in section 3.6. 2.11 QlyQ means the Maroon Creek Club a private tennis, golf and social club constructed on Lot 51. 2.12 Common Area Parcels means Parcels E through H, J through Nand P through S described on the Plat. 2.13 Common Elements means the real property, other than Lots, within Maroon Creek Club owned or leased by the Association including Common Area Parcels. 2.14 Common Expenses means estimated and actual expenditures made or to be made by or on behalf of the Association, together with any allocations to reserve or sinking funds. t"1A. IlJ 2.15 Count v means Pitkin County, Colorado. 2.16 Declarant means Pearce Equities Group II Limited Liability Company, a utah limited liability company and any party designated as a successor or assign of the Declarant by a written instrument duly recorded in the real estate records of Pitkin County, Colorado, Such instrument may specify the extent and portion of the rights or interests being assigned by Declarant. \) 2.17 Declaration means this Master Declaration of Protective Covenants for Maroon Creek Club as recorded in the real estate records of Pitkin County, colorado, and as amended from time to time. Reference to this Declaration shall include the Plat, which is incorporated herein. 2.18 Development Guidelines means guidelines adopted by the site and Architectural Review Committee to provide persons desiring to build homes, to construct other improvements or carryon any other development activity on Lots on which single family residences or mUlti-family housing may be constructed with site and development design criteria. 2.19 Eliaible Mortaaae Holder means the holder of any first priority Mortgage encumbering a Lot that has given written notice to the Association and to the Owner of the Lot 3 . ( '''_1~!. I' i Q ,') \J #36401'""\12/02/'1:':: 16:32 Het ~'195'.(t-f*: 7~~ PG 602 SilvLavi'S, Pitkin Cnty Cled,:, ,.= $.1)1) of said Mortgage. Such notice shall include the recording information for the Mortgage as recorded in the real property records of Pitkin County. 2.20 Golf Course means the golf course and related facilities constructed or which may be constructed from time to time on Parcels A,B,C, and D and the Golf Course Easement Areas in accordance with the Approval Resolutions. 2.21 Golf Course Easement Areas means all those portions of Lots within Maroon Creek club which are burdened by the Golf Course Easements created by Section 9.2 of this Declaration or the Plat. 2.22 Limited Common Elements means that portion, if any, of the Common Elements allocated for the ~xclusive use of one or more Lots but fewer than all the Lots. 2.23 Lot or Lots means the subdivided parcels of land the boundaries of which are described on the Plat and which are referenced in the Plat as either "Lots" or "Parcels" and designated by number or letter on the. Plat, excluding, however, the Common Area Parcels and Lot 49, In the event that a Lot is further subdivided or a condominium is created on all or a part of Multi-Family Lot, such further subdivided parcel or condominium unit shall be deemed to be a Lot. 2.24 Maroon Creek Club means the planned community comprised of all of the Lots including single-Family Lots, MUlti-Family Lots, the Golf Course and Common Area Parcels together with additions or deletions thereto as permitted under this Declaration, but excluding Lot 49 as described on the Plat. 2.25 Member or Members means Owners who, by virtue of ownership of a Lot, are entitled to Class "A", Class "B", or Class "C" memberships in the Association, all as provided in Section 3.6 below. 2.26 Mortoaoe means any mortgage, deed of trust or other securi ty instrument creating a real property security interest in any Lot, excluding any statutory, tax or jUdicial liens. 2.27 Mortoaoee means any grantee or beneficiary of a Mortgage. 2.28 Mortgaoor means any grantor or trustor of a Mortgage. 2.29 Multi-Familv Lots means those Lots designated on the Plat as Lots on which mUlti-family housing may be constructed. Multi-Family Lots includes Units as that term is defined in 4 , , ( .-"'-...~ "'-) -, ....., j ~J , -.~, "<J #3640''-5 ~(l2/93 16:32 F,ec ,!f19~).OO ~733 F"G 603 S i 1 v i a Of,." F'i t ki n Cn t y C 1 er. k, 002 J. 00 the Act, created within such Lots. 2.30 Owner means the person or persons or legal entity holding record title to a Lot. Declarant or the Association shall be entitled to treat the record title holder of a Lot as the Owner thereof for all purposes. 2.31 Elgt means the Final Subdivision Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4 of the real estate records of Pitkin County, Colorado, and any amendments thereto as may be duly approved by the County and recorded in the real estate records of Pitkin County. By this reference, the Plat is incorporated herein. 2.32 Propertv Conveyed or Leased bv Declarant means any real or personal property which Declarant sells, grants, assigns, conveys or leases to the Association including, but not limited to, buildings, other improvements, roads, trails, utilities, water rights, which water rights may include but not be limited to, wells, ditches, reservoirs or shares of stock in any ditch or reservoir company, signage, security gates, equipment, inventory, furni ture, fixtures, fences, lighting, trucks or other vehicles. 2.33 Roads means the roads shown on the Plat. 2.34 Road Easement Aqreements means any agreements entered into between the Declarant or the Association and another party regarding the use, maintenance, repair and replacement of any of the Roads. 2.35 Road Maintenance Aqreement means an agreement between parties including Declarant and County for the maintenance of stage Road, North underpass Road and the South Underpass Road, which agreement is recorded in Book 730 at Page 739 of the real estate records of Pitkin county, Colorado. the may 2.36 Sinqle Familv Lots means those Lots designated on Plat as Lots on which only single family dwelling units be constructed. 2.37 site and Architectural Review committee, sometimes referred to as the SARC means the committee appointed pursuant to section 5.1 below. 2.38 Soecial Assessments means any special or extra- ordinary Assessment levied and assessed pUrsuant to Section 6.3 below. 2.39 Special Cost Centers are defined in section 6.5. 5 \. , ".~ 'l:, t '., 1 t,..." V ~ ~ ,< ,,0' /133 '0 f" "'..:,I-"I.'C$1'1"...' '1) 1(l~I<):' 1b")'" "., .\' \)Oc $.\)" \\:,bl\07";' -.' - Fi. tv.i.n cnt'/ clef'" Si..1"Jia oaV1.S:". b04 the Iilater service '0" .'c eme te;"o~~':d in 000< ,30 at page Z' t ",i. th the city of l>>Spen fr t" t~in county, coloradO, l>>gree~en 1 tat~ t~cordS 0 ~ 797 of the rea eS ~. . The l>>SsociatiOn shall be 1. t of s c . . h d t' d 3. ,ration cbarged .,tb t e u ,es an a nonpro,it co,orado corpo 'bed bY ,aw and as set ,orth \':."ii~ed,;'i;';.e;::e o~~"~~~ 'i.~t~C~edaration. and th~ Act: Tne . t' b 11 be a .aster aSsociat"n eot"g ,n tne assoC" ,on sa' . < t' 38 33 3 .t ' n association descr'bed en ,"",on - . _301 cap'c, y" ~ :no .ay e.erci.e an 0' tb', p",ars described in ~c~~~n ",,_33y30' of tM Act. Neitner ""Artides nor o ,a's 0' tbe ASsociatiOn sba11, for any r,",on, be a~ended oi otberWise cbanged or interpreted so as toto ,ncons,stent ~itb tbis Declaration. 3. ice . The affairs 3.2 0' the ASSociation sball be conducted by the~ecutive ooard ""d sucb officers as tne ooard ..y e'ector appoint in accordance with tbe artiC,es and Oy,a'S es be same may be amended ,rom time to ti.e. TM ASSociation b'jand througb tM ooard sbal' govern and manage a" property c"eyed or Leased bY uec,arant, tl\e common area parcets, the co",n "ements and any o...r ..sociation p,operty and .sba\ en'orce tbe provisions 0' this D.clar.t,on. ReCogn",ng t;t .aroon creek club consists 0' tbree distinct lond Uses the!""ers 0' .bicb eacb have vaHd inter"ts to protect and ,order to not discri.inate in ,avor 0' any Lots oweed bY t",ec,ar""t the ooard sball consist 0' nine (0' .e.wers compr,"d as ,o,iows, (a' Five (5' ooard .e.we" sban be c"s "a' 'e.we" e'ected "leW by the c,aSs 'a" .e.we'" (b' une (1' ooard .emb" sban be a ClaSS '0" .e.wer e,ected ",eW by the C,.ss "0' .e.wers> and (C' Three (3' ooard .emb"s sban be c,"ss "C" .embers elected solelY bY the clasS "c" Me~bers. So 'ong as the oec,arant is entitled to appoint a" membOrs 0' the ooard, thS number 0' ooard members .ay be leSS tban nine at tbe discretion of tbe Declarant. 3.3 ~eriod of Declarant contro~' (a' subject to the 'imitations 0' (b' be'o" oec'araIT sban MVs too dgbt to appoint and remove msmberS 0' tb BOard unti' tbS occurrsnce 0' sither 0" (i' si.ty (60' daY 6 " l' j \. - < ~^"." 't,") !. #3640750/02/"3 16:3:~R(,t: !t'195.0007'33 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 PG604 2.40 Water Service Aareement means the Water Service Agreement with the city of Aspen recorded in Book 730 at P~ge 797 of the real estate records of Pitkin County, Colorado. 3. ASSOCIATION. 3.1 Formation of Association. The Association shall be a nonprofit Colorado corporation charged with the duties and invested with the powers prescribed by law and as set forth in its Articles, Bylaws, this Declaration and the Act. The Association shall be a master association acting in the capacity of an association described in section 38-33.3-301 of the Act and may exercise all of the powers described in Section 38-33.3-302 of the Act. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. (...".,\,., V 3.2 Executive Board Members and Officers. The affairs of the Association shall be conducted by the Executive Board and such officers as the Board may elector appoint in accordance with the Articles and Bylaws as the same may be amended from time to time. The Association by and through the Board shall govern and manage all Property Conveyed or Leased by Declarant, the Common Area Parcels, the Common Elements and any other Association property and shall enforce the provisions of this Declaration. Recognizing that Maroon Creek Club consists of three distinct land uses the Owners of which each .have valid interests to protect and in order to not discriminate in favor of any Lots owned by the Declarant, the Board shall consist of nine (9) Members comprised as follows: (a) Five (5) Board Members shall be Class "A" Members elected solely by the Class "A" Members; (b) One (1) Board Member shall be a Class "B" Member elected solely by the Class "B" Members; and J (c) Three (3) Board Members shall be Class "c" Members elected solely by the Class "c" Members. So long as the Declarant is entitled to appoint all members of the Board, the number of Board members may be less than nine at the discretion of the Declarant. 3.3 Period of Declarant Control. "1 l' '..J (a) Subject to the limitations of (b) below, Declarant shall have the right to appoint and remove members of the Board until the occurrence of either of: (i) sixty (60) days 6 .----..... 1. ,- , ~' ..........~ 1'_ .~ -'. rll \..1 't \,..../ , 11.364075 12/02/93 16: 32 H€?c $195. (H)BKf"'P PG 605 Sllvla Dav"""", F'itkin, Cnty Cler'k, Doc '. )(l after conveyance of seventy-five percent (75%) of the Lots that may be created to Owners other than the Declarant; (ii) two ( 2) years after the last conveyance of a Lot by the Declarant in the ordinary course of business; or (iii) two years after any right to add Lots is last exercised. Declarant may voluntarily surrender the right to appoint and remove Officers and Members of the Board before termination of the foregoing period of Declarant control, but in that event, the Declarant may require for the duration of the period of Declarant control that any action specified in the document by which Declarant voluntarily surrenders such rights be approved by the Declarant prior to any such action becoming effective. (b) In addition to the limitation on Declarant's right to appoint and remove members of the Board set forth in (a) above, sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that may be created to Owners other than the Declarant, twenty-five percent (25%) of the Board shall be elected by Owners other than Declarant and sixty (60) days after conveyance of fifty percent (50%) of the Lots that may be created to Owners other than Declarant, thirty-three and one third percent (33 1/3%) of the Board shall be elected by Owners other than the Declarant. The Board members to be elected under this Section 3.3(b) shall be elected from the Classes of Memberships in proportion to the percentage of Lots that have been conveyed to Owners other than Declarant in each Class of Membership., As example, if at the time that twenty- five percent (25%) of the Lots that may be created have been conveyed to Owners other than the'Declara.nt, fifty percent (50%) of the Lots comprising Class A Memberships, twenty-five percent (25%) of the Lots comprising Class C Memberships and none of the Lots comprising Class B Memberships have been conveyed to Owners other than the Declarant then of the three Board members to be elected under this section 3.3 (b) two would be elected by the Class A Members, one would be elected by the Class C Members and no Board members would be elected by the Class B Members. 3.4 Association Rules. The Association may from time to time adopt, amend and repeal rules and'regulations to be known as the "Maroon Creek Club Master Association Rules" by a majority vote of the Board. The purpose of the Association Rules shall be to implement, supplement or otherwise carry out the purposes and intentions of this Declaration. Rules shall not be inconsistent with this Declaration. 3.5 Limited Liability. - (a) Except as otherwise provided in the Act or this Declaration for Board members and officers appointed by the Declarant, neither the Association nor its past, present or future, officers, directors, nor any other employee, agent or committee member of the Association shall 7 ~ . ......... ' .,." . ...~- ", } ...~ ,~ .J H364(("'\12/U:~/<;>:3 16:X' FW;c:,tl<;>5.(C'E<I<,733 F'G 606 Silvi~ 0avi5~ i~'it~(in Crltv Cie~.t(., 06c s.b!) be liable to any Owner or to any other person for actions taken or omissions made except for wanton and willful acts or omissions. without limit to the foregoing, the Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good faith, and without malice. To the extent insurance carried by the Association for such purposes shall not be adequate, the Owners severally agree to indemnify the Association or Board against loss resulting from such action or failure to act, provided that the Association and the Board acted or failed to act in good faith and without malice. (bl Any Board member or officer of the Association appointed by the Declarant as provided for herein shall exercise in the performance of their duties the standard of care required of fiduciaries of the owners. 3.6 Membership. The Association shall be a membership association without certificates or shares of stock. The membership of the Association shall at all times consist exclusively of all Owners. Membership in the Association shall automatically terminate when an Owner ceases to be an owner of a Lot. Maroon Creek Club consists of three distinct land uses and therefore to assure adequate representation and to protect the valid interests of the Owners of all Lots, there shall be three voting classes of membership in the Association: (al Owners of single Family Lots, including Lot 13 shall have a Class "A" voting membership; (bl Owners of Lots 51, 52 and Parcels A, B, C and D and the Owner of Lots 14 and 15 shall have a Class "B" voting membership. In the event that either or both of Lots 14 and 15 are conveyed to the Association, such Lots so conveyed shall cease to have a membership in the Association and shall be Common Elements; (cl Owners of the Multi-Family Lots shall have a Class "C" voting membership. 3.7 Bindinq Effect. Each Owner, his lessees, their families and guests, the heirs, successors or assigns of an Owner, or any Mortgagee, and any other persons using or occupying a Lot, shall be bound by and shall strictly comply with the provisions of this Declaration, the By-laws, the Articles, any deed restrictions and covenants and all rules, regulations and agreements lawfully made by the Association. 8 ---.,~ l:." ';.. '!. ~n61'-'~5 12/02/93, 16:32R,eL$190:> BI: 733 PG 607 Sil , .< Davis, Pitkin Cntv Cl€?r'k:;y'Doc $.00 -" I 3.8 Enforcement. The Association sha.ll have the right and power to bring suit for legal or equitable relief for any lack of compliance with any provisions of this Declaration or rules promulgated by the Board or SARC. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time provided, such fines may be collected as an Assessment Lien. The failure of the Association to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enforcement th(:!reof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. (~ ::tJ 3.9 Power of the Association. Each Owner agrees that the Association has all the powers granted it by the Colorado Nonprofit Corporation Act and any amendments thereto or replacements thereof, and the Act, including all of the powers described in section 38-33.2-302 of the Act. Such powers shall include, without limitation, levying Assessments against Owners, imposing a lien on Lots for any unpaid or uncollected Assessments or penal ties, and foreclosing any, such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and regulations, the defending, prosecuting or intervention in litigation on behalf of all Members, the borrowing of monies for Association purposes and the right to pledge future income in order to secure such borrowings. The term "pledge of future income" shall include the right to impose a Special Assessment ,for repayment of such borrowings and to assign such Special Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise any. other right, power or privilege given to it expressly by this Declaration, the Articles and By-laws, or by the Act, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. 0,\ " ",J 3.10 Association Records. The Association shall maintain financial records sufficient to enable the Association to 9 -..; . .~.., W~'t()75 12 / 02/9~3 16: ~32 F-:ec $ '~I_. 00 . BK 7~3 ~ , . Cl'" D' $ on s.._via D2.vis, Pitkin Cnty e. .<, DC ... PG 608 ~ carry out its respons~bilities under this Declar~tion.and to comply with the requ1rements of the Act. All f1nanc1al and other records shall be made reasonably available for examination by any Owner and such Owner's authorized agents. 3.11 Association contracts. To the extent the Board so elects the Association may enter into or accept the assign~ent of contracts to provide functions or services for the benefit of or relating to the Maroon Creek Club. Any contracts that Declarant has entered into that affects the Maroon Creek club shall be binding upon the Association whether or not the Association accepts an assignment thereof. By way of example and not limitation the As~osiationmay enter into Road Easement Agreements or Road Maintenance Agreements. Such contractual obligations may be provided by the Association's employees or an independent contractor retained by the Association. To the extent provided in any such contract, the Board shall charge and collect any fees or reimbursements provided by such contracts. The Board may establish Special Cost Centers as provided for in section 6.5 for any contracts entered into under the provisions of this section 3.11. () 3.12 Other Association Functions. The Association may undertake, to the extent the Board in its sole discretion so elects, to provide functions or services for the benefit of all, or some, Owners on such basis as the Board may reasonably determine. Such functions or other services may be provided by the Association's employees or an independent contractor retained by the Association. with respect to any Maroon Creek Club functions or services, the Board may establish Special Cost Centers as provided for in section 6.5 for the operation thereof. 3.13 Notice to Maintain. An Owner shall immediately report to the Association, in writing, the need for any maintenance, repair or replacement which is the Association's responsibility to provide. In the event of any disagreement as to the need for or the responsibility of the Association to provide the said maintenance, repair or replacement, the good faith decision of the Board shall be final. ""\ <....)5: 3.14 Mechanics' Liens. Declarant shall be responsible for the release of all mechanics' liens filed with respect to the Association property, or any part thereof, if any such liens arise or are alleged to arise from labor performed or materials furnished at the instance of Declarant, its agents, contractors or subcontractors. Except as the result of labor performed or materials furnished at the instance of the Board, no labor performed or materials furnished with respect to Association property or Lots shall be the basis for filing a lien against any Association property. No labor performed or 10 ~ ~ . ,-.'" Q '1 r "J' _~ ',. $19c.~" 81( 733 FG 609 ~ 7 . .,' .,:;., ....J..., . 11364<:- 12/<.>2/9.-' 16. .-'., h..c '.', hn . ' ~. '_ F'l'il'inCn\:yCler.k, )c$... Sllvl uaVl=, -' materials furnished at the inst~flel!!6fthe Board shall be the basis for filing a lien against any Lot. 3.15 certain Provisions Reaardina Association Prooertv. Property conveyed or ,Lease~ by Declaran~ .and any other Association property, ~nclud~ng but not l~m~~ed to, c,?m~on Area Parcels Common Elements, the Roads, tra~l and ut~l~ty easements Sh~ll, at all times, be owned, operated, maintained and exercised by the Association consistent with t~e provisions of this Declaration, the Plat and the Act and ~n trust for the use benefit and enjoyment of Owners entitled to such use, benefit and enjoyment and their family members, guests and invi tees. The Association II\ay not conveyor subject to a security interest any real property owned or leased by the Association without the prior written consent of 80 % of all Owners and with regard to any such conveyance or security interest shall otherwise comply with the provisions of the Act. 4 . VOTING. 4.1 General. Except as otherwise provided in this section 4, an Owner shall have one (1) vote allocated of each Lot owned and the affirmative vote of a majority of the total of all Owners constituting a quorum in person or by proxy and entitled to vote on any matter shall constitute approval of such matter unless a different number is required on a particular matter by the Act, this Declaration, the Articles or the Bylaws. Where there is more than one Owner of a Lot, the several record Owners of such Lot shall be required to designate, by prior written notice to the Association in accordance with the Bylaws, the particular Owner who shall cast the votes appurtenant to that Lot. If the several Owners of any Lot are unable or unwilling to designate a particular Owner to vote, then the membership appurtenant to that Lot shall not be entitled to vote on any Association affairs until such designation is made. 4.2 Ouorum. A quorum is deemed present throughout any meeting of the Association if Members entitled to cast (or proxies entitled to cast) 50% of the votes of the Association are present at the beginning of the meeting; provided however, for matters on which voting is restricted to a Class of Membership, then, 50% of the Members of that Class must also be present in person or by proxy to constitute a quorum for voting on that matter. If, however, such quorum is not present or represented at the meeting, the Members entitled to vote at the meeting will have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present or represented by proxy. 11 -"';, -j C)'," .' ... ".,3 _ -f"'~ n? / 9~-I 16: 32 Rec: <1',195. (l<)''-'i 7~~ 1364U'. ~/-- : . C ty Clprk, D~_ $.UU 5il.via DaviS, PItkIn n_ - PG 610 4.3 Election of Executive eoardMembers. Subject to the right of Declarant as set forth in Section 3.3 above to appoint and remove members of the Board, each Class of Membership shall be entitled ~o elect that number of Board Members as set forth in Sechon 3. 2 ~ The Board shall be elected at such frequency and for such terms as are provided for in the Bylaws. The candidates receiving the highest number of votes from each Class of Membership shall be elected. 4.4 Removal of Executive,Board Members. At any meeting of the Association at which a quorum is present, the members of any Class of Membership may, (with or without cause) by a sixty-seven percent (67%) vote of all members of the class present (in person or by proxy) and entitled to vote to remove any Executive Board Member elected by that Class of Membership, other than a member appointed by the Declarant. 4.5 votina bv Class. To recognize and protect the valid interests of Owners of Lots comprising each of the types of land uses with Maro9n c~eek Club and to equitably allocate expenses including the expenses of ownership and operation of the Golf Course, the following class voting is being established. (a) Actions Affectina the Golf Course. Except for matters relating to Assessments, including special Assessments and assessments for special Cost Centers which shall be governed by Section 6, only Class B Members or Class B Board Members, as appropriate, shall be entitled to vote on those matters which substantially affect the Golf Course, or the Golf Course Easement Areas or the Club. Matters which substantially affect the Golf Course or the Golf Course Easement Areas or the Club shall include, but not be limited to, matters relating to the construction, maintenance, use, operation, repair or replacement of the Golf course, or the Golf Course Easement Areas, or the Club including, but not limited to hours of operation, landscaping and vegetation, ponds, golf cart and other paths, utilities, trails, signage, flags, fencing, shelters, location and number of tennis courts, lighting and shall also include any matters relating to any leases of property on which any portion of the Golf Course or the Golf Course Easement Areas may be located and any other such matters not in conflict with this Declaration. (b) Actions Affectina the Mul ti-Familv Lots. Except for matters relating to Assessments, including special Assessments and assessments for special Cost Centers which shall be, governed by Section 6, only Class C Members or Class C Board Members, as appropriate, shall be entitled to vote on those matters which substantially affect only the MUlti-Family Lots. Matters which SUbstantially affect only the Multi-Family Lots 12 ;~- , . " I a' III '" I.': . .-. :'..~ \" $1 '15("\:.'1':. 7:3'3 PG b 1 \ \t:'.6M' 'j t.'" /02/'13 l.b:.o ,< .,eC . . " ."". C,:", """, n CnCY c> s'" cos s. '.'" . . 1 s and regulations .h~ll include,but n~itu ";' :r'':,~:~ ~~,,;,;'t eoutside the ,ulti- ~~~~~:;'..,~~\~V~t~';: :uCh matte" not in connict .itb tbis Declaration. 'c, c' on A' e tin the sin e f.il L?ts. ,",cept ,or ""ttsrs relating to ""sessmentS, inclUd',," spe,,,al ""se,s.ents and assesS.snts ,or special cost centerS .b,ch shall be governed bY sectiOn G, onlY clasS A ,embOrs or ClasS A Board 'embers, as appropriate, sball be entitled to V?te on th~Se ""tters .hich sUbStantiallY affect onlY tbe .,ngle f~'lY LOts. ,.tters .hich subStantiallY affe"t. onlY the "ngle familY LOts shall include, but not be ,,.,ted to rule~ and regulatiOnS .hich shall be applicable onlY to owners 0' S,ngle f..ily LOts and other such matterS not in con,'ict .ith this Declaration. 4.6 ~eterroination and ~ooea~' ,a' ""teteinationS under section '.5 ,a' , regarding those matterS .hich substantiallY ."ect the Gol' course, or the GOl' Course ..sem.nt Areas or the Club shall be made by the Board ,embers elected by the claSS B ,..bers .hich deteteinationS shall be binding on all owners and anY deteteinatiOn that a matter subst.nti."Y a"ects the Gol' course or the Gol' Course ..sement Areas or the club shall be concl"sivelY deemed to be a matter .hich does not substantiallY affect any other Lots; ,b' ceteteinationS under sectiOnS ,.5 'b' and ,c' as to .hat are matters .hich substantiallY a,'ect only the Single f.milY LOts or the ,ulti-FamilY LOts shall consistent .ith this Declar.tion be made by the entire Bo.rd. An owner may appeal such deteteination bY the soatd to the SARC bY "itten notice to the SARC and to the soard .ithin ,ive (5' daYS a,ter the Board'S action. The SARC shall promptly consider the Board's deteteination and make its decision .hich decision shall be binding on all owners. 5. bl>r.HITEr.TUR~L CONTROLS.. 5.1 site and "ch'tectural Rev'" co..ittee. The SARC shall be composed 0' at least three p' natural persons appointed by the Boord, at least one 0' .hich shall be an owner 0' a single Family LOt. persons serving On the SARC sball serve at the pleasure 0' the soard. The soard m'Y remove . member 0' the SARC and .ppoint a new .....r at anY time, provided there shall at all times be at least three ,,' persons serving On the SARC. The m....rs of the SARC may 0' may not be soord membOrs or owners and ..y include one or .or pro,essiOn"S such as an architect p,id bY the ASSoCiation per,orm such services. The SARC shall have and exercise ). \".,J 13 ~ .~, r:)' \'.'" . . . -) \"J' . >'. .;~J'" '"'oc.'" . V' ''I'" \{'_." " \' \J /"_" \b' ,- ~"r,ef'.:' _.-. '7' crY\,..1 -' _,_t.::l \,::/U". t'-';.. -t\-'.1.\\ "-"'\\":,I~A\.. '..- \.la-,n. "", S~\.J'~. 't' this 'b'l'ties assigned to l l~ ' atS outies and respon~'~e'exPense of tbe ,ssoc,at,on :~r.;'atio~' The 'ARC .ay a ..cretor)' 0' o",er yersonne' to bire anY profe..ion?" or a. ca' and othe' fIllC"on" So lon, perfOre adsini.trot,ve, cle,' t. a ..jor><Y of ",e eoard of thO as Declarant elects or alPpOlnt may alSO act as the SARC " then Dec aran ." hSSocl.atl.on, hereunder. , ShRC is being established for the 5.2 buthorl.ty. The sin le FamilY Lots and the Multi- benef it of Owners t of t~~erwi~e provided in this Declaration, ,,,,,ilY LOts. ,"cep .. 0 " nd 0' cbSn'" in the natural no ,.provement.o;o::Z i~clUdin, but "t lisited to, tbe condlt10n,of ~nfYdP lPll'nn~ or other ~tructures, outbuildings, constructlon 0 we ',j" ' l<-' 11 fence., grading. planting, pond', p.r.rn~ are~s, wa s, garages, road., driveWay., antennae, sate1l,te d,.b~" !la~ po'eS or tbe 'ike, sbal' be erected, alter,d or perm,tted to remain on any Single FamilY Lots or Multi-FamilY Lots, nor shall any excavating, clearing or lands~aping be done thereon unlesS complete architectural plans and'specifications and a site plan showing the location and orientation for such construction or alteration or landscaping are approved by the ShRC prior to the commencement of such work. The ShRC shall alsO be mandated to aSsure that no activity will cause any interference or have any advers impact upon the Golf course or the Golf course Easement hrea or the club. The ShRC's authority shall be limited to the single FamilY Lots and the Mulit-FamilY LotS. 5.3 preliminarv hDDroval. owners or other entities who anticipate constructing improvements on single FamilY Lots or Multi-Family Lots shall be provided with the Development Guidelines and shall submit preliminary sketches with a site plan of sucb improvements to tbe sloRe for info,,",' and p,elimin",Y app'ova' 0' di.app,ova1- ,I' p,elimin",Y site and architectural sketches shall be submitted in at least four (4) sets, and shall contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to alloW the ShRC to act intelligentlY in giving an informed preliminary approval or disapproval. persons contemplating the purchase of any such Lot may submit preliminary sketches with site plan' fo' pu,po.e' of obtaining an informa' app,oval hereunder. The ShRC shall not be committed or bound by any preliminary or informal approval or disapproval. 5.4 final hDDroval. ht least four (4) complete sets of the architectural and site development plans and specifications shall be submitted to the SARC along with a complete list of all materialS and colors to be used. hll copies of the complete plans and specifications shall be signed for identification by the owner or his architect. The 14 '-..., , , ~~b4015 12/0?/o~ _ S"i.J.... vvi<"l D"Vi;'~ F';tl~~: 3;:: Rec $1'--.(,,-, f<h: 733 r'\ Cl1ty Cleo .', F"G 613 . Doc $. (,..., -:"''', SARC shall have the right to reC,Juest whatever additional specific information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. The SARC shall certify to the Owner, in writing, when the submittal is complete. The majority vote of the members of the SARC shall be required for approval of plans; provided, however, that in the event the SARC fails to take any action within sixty (60) days after four (4) copies of the complete architectural and site development plans, specifications, materials and colors have been submitted to it and the s~bmittal has been certified in writing by the SARC as complete, all 'of such submitted architectural plans shall be deemed,to be approved. The SARC shall not unreasonably disapprove architectural plans. The SARC shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these covenants. 5.5 Buildina Permit. An Owner of a single Family Lot or a Multi-Family Lot may apply for a building permit from the County at any time; provided, however, the plans submitted to the county shall not differ in any way from the plans approved by the SARC. If the plans submitted to the County differ in any way from the plans approved by the SARC, all approvals of the SARC shall be deemed automatically revoked. '!,-"""','", . '::.I 5.6 Variances. subject to any restrictions contained in the Approval Resolutions or any other applicable covenants or restrictions, the'SARC may, by an affirmative vote of a majority of the members of the SARC, allow variances as to any of the architectural controls contained in this Declaration and/or policies or rules promulgated by the' SARC or contained in the Development Guidelines, on such terms and conditions as it shall require. Further, any matter requiring a variance from County land use, building or zoning regulations shall also require an approval from SARC. 5.7 General Standards. The SARC shall evaluate, among other things: (i) the materials to be used on the outside of buildings or structures, (ii) exterior colors, (iii) harmony of architectural design with other structures within Maroon Creek Club, (iv) height and other design features, (v) location with respect to topography and finished grade elevations, (vi) harmony of landscaping with the natural setting and native vegetation, and (vii) consistency with the Development Guidelines. ~t .....J 5.8 Rules and Reaulations. The SARC may promulgate and adopt rules and regulations necessary to implement these covenants. These rules and regulations may include submission requirements concerning the type of information, reports, 15 -.,........' \.' ~~ ~ ;~ ' r'\\:?' . ^ ~ c. $\.c?'5.00'" ;7'3'3 pG ,'~'<1'1 \b'''I; "ec D '1'..00 ..'"0-'5 ._/\)_,:, "C'"L,,' C'ler'\-:" oC II ;'0'" . I , r i t \ 1" ,', SilVia Dr..Y')..~~ bl/\ -, ; li."Ke 'Ilnicn need to be p,.ns .nd specH ic.tio~a ~nd tM. t sl"'cil>C li" tatiOns . subai tted ~i tb .ny ~PP1'C.t>on ."r. ;;o:t requ're.ent to do so. .y ..y of ,,1uStt.t,on only.n ., dd .nd the $ARC shall the s"C ru,eS and regu,at'Ons a.Y' reaa 11 of the bO"e the poWer .nd .uthOritY to re.ul.te .ny or a. . fo"..in' .pp'iC.tiOn procedurea .nd process,n. fees. cb.r.es ~y .ny outaide professiona's or ?tber costs ,nc,dent to ev.,u.tin. .nY .pp'ic.tion. bOnds ,n tbe form of c.sb deposit. ,etter of credit or other.ise re..rMn. d....e.to RO.ds or other aubdivision ,nfr.structure and for reve.etat"n .nd restor.tion of ,.ndS' color and ..teri.,s. 'nclud'n...bUt t i'~1.ted to roofs cbi.neys. sidin.. ..aonry and .,a"n,' no:1.'" f' ." .' f' 1 d d . setb.ckS. bei.bt ""ta"ons. bU,'d,n' pr~ ' eS an "ve"y 10C.tiOnS' constructiOn st..ln.. con,truct,on bours .b,cba.y be controlled durin' cert.in ti.eS of the y..r. stor..e ;or construction ..teri"s. loC.tion of teaporatY. construct!on f.cilities aucb .s tr.ilers. duapsters .nd to,lets' rout,n. of utility e<tenSionS' dr.in..e. .r.din. .nd erosion control' ,.ndSC'pe .nd ve.et.tion. fencin.. 1 i.bt'n' · sign..e. .nd tr.i's' concerns or objeCtiVes re..rd'n. ea,nten.nce of ..r,cu'tur" ,.nds .nd p,eaerv.tion of .,'d,ife' .nd priv,CY .nd visu,' cb.r.cteristics. 'uch ru,eS .nd re.ul.tionS sh'" be .doPtod. .eanded 0' ,ep,.ced bY .f",..tive vote of · majority of tne ShRC. ,.' ,.te .nd A'c itectu'" Revie. Co..ittee Not L,.b,e. Neithe' the ,''C. tbe BO.,d. tbe Associ.tion or .nY of ,ts .ea"'s sh'" .. ,i.b'e fo' d...geS to .ny pe,son sub.itt'n. .ny p,.ns fo' .pp'''''' 0' to .ny ""ner. by ,eOSon of .ny .ction. f."u,e to .ct. 'PP,ov," d'S'PP'ov.' o,f."u,e to .pp,ove 0' dis'PP,ove .ith ,e..,d to sucb p,.ns un,esS sucb .ction 0' in.ct'on is t.ken .i,'fU"Y 0' ..nton'Y .nd not in .ood f.itb. <be ,,,c sbOn hOve nO nabi'ity 0' ,espOnsibi,'ty fO' .ny ,ep,esent.tions a.de to any owne' 0' p,ospect've owne' by .nY thi,d pa,ties. The decis,on of tbe ,ARC sh.n b. .overned bY tbOee coven.nt< .nd .ny ru'eS 0' ,eOU,.tions dU'y adopted by tbe ,ARC pu,su.nt to tbeee covenants. ,.,0 .,itten Reco'''' The ,,.C sb.l' keep .nd e.fegu' coap'ete .nd permanent .,itten ,eco,de of ." .pP'o .pp,ic.tions. 'nc,uding one set of tbe f'n."Y .pp,e .rcbitectu," .nd site deve,opeent p,.ns. .nd of ." .ct' of 'PP,ov.' 0' die'PP'ov.' .nd ." otbe' form" .ctione t, bY it unde' tbe p,ov,sione of this inet,uaent. 5." InSDection and como'ianc., The ,,.C sb'" b" duty 0' ob,i..tion to aake inepections of .ny const'uc' bo.eve'. nothing be,ein 'ha" prevent the S"C f,om a inepections prio' to 0' .tter coap'etion. Upon the ccap) of any .o,k fo' .bich .pp,oved p,.ns .nd specific.tio' ,e.ui,ed. tbe owne' sb'" give .,itten notice of comp: 16 /,.It \J ["-'" ~y ~ f ............J; . " } ('..~ ~{.;J (-') '~J ^ ,- t"'\E ,.. 733 n:-::-;/...4C,' 12/02/173. lc;): 32f:':f;;~C, ~l;~~~. ',.,./ J(.. . " . Silvia. Davi~;, Pi-t!::inCnty Cler'k, Doc ':t.()(l PG 615 to the SARC. Within thirty (30) days after receipt of such notice, the SARC may inspect the work to deter,mine its compliance with the approved p~al1s. If the SARC fJ.nds that the work was not done in substantial compliance with the approved plans or any construction or change in natural conditions on any Single Family Lot or MUlti-Family Lot was undertaken without first obtaining approval from SARC, written notice shall be sent by the Board to such Owner specifying the noncompliance and requiring the Owner to cure such noncompliance within thirty (30) days or any extension thereof granted. If the Owner fails to cure the noncompliance or to enter into an agreement to cure on a basis satisfactory to SARC wi thin said thirty (30) day period or any extension thereof as may be granted, the Board may, at its option, cause the noncomplying improvement to be removed or the noncompliance to be cured. The Owner shall be assessed the costs and expenses incurred by the SARC or the Board in taking corrective action, plus all costs incurred in collecting amounts due, including reasonable attorneys' fees and costs as a Special Assessment which, without waiver of any other right or remedy, may be collected as an Assessment Lien. The Owner shall be personally liable for all, such costs and expenses. 5.12 Out Parcel Review. There is currently one residential structure located on the parcel of land designated as an Out Parcel on the Plat and located adjacent to Common Area Parcels J,P, and Q (the "Out Parcel"). Application may be made to Pitkin County to subdivide this Out Parcel into two lots and for construction of one additional residential dwelling on the newly created lot (the "New Lot"). If the residence currently located on the Out Parcel is voluntarily destroyed such that the cost to rebuild such residence would be in excess of eighty percent (80%) of its then fair market value and neither Arthur O. Pfister or Elizabeth H. Pfister (the "Pfisters") are the owners at the time of such voluntary destruction, then such residence and the owner thereof (the "Original Residence Owner") shall thereafter be subject to the jurisdiction of the SARC and the provisions of this Section 5 applicable to Single Family Lots. The additional residence to be constructed on the New Lot and the owner thereof (the "New Residence Owner"), unless such owner is the Pfisters who shall in no event be subject to the provisions of this Section 5 or the jurisdiction of the SARC, shall be subject to the jurisdiction of the SARC and the provisions of this Section 5 applicable to Single Family Lots. The Out Parcel shall not be subject to any other provisions of this Declaration. The application of this Section 5 and any amendments which may be made to it shall not discriminate in any way between the Original Residence Owner, the New Residence Owner or the New Lot and any Owner and the SARC shall administer and apply this Section 5 to the Original Residence Owner, the New Residence 17 ,.. ,> !. ~. 'J " .~ "~ '. _ 9~ 1"'~" Ree <t.J 95.00 ElK 733 --64'-'-'.'" 1"1'-'21 .,.' .c,."."'- . f'"""" ~ ..- ,., ,- .. .', "i. .,. D ,- '" Illl , , . D . 5 Pitkin Crn_y C -."., 0_ . -- ~ilvla aVl, ~ Pl3 616 Owner and the New Lot in the same manner as it applies this section 5 to all Owners. 6. ASSESSMENTS. 6.1 Puroose of Assessments: Assessment Lien. All Members of the Association hereby covenant and agree, and each Owner by acceptance of a deed to a Lot, including public trustee or sheriff's deed, is deemed to covenant and agree, to pay the Association Assessments including Annual Assessments, Special Assessments, charges relating to any applicable Special Cost Centers, and all assessments and charges to be established and collected under this Declaration. Assessments, together with interest, costs, and reasonable attorneys' fees, shall be secured by the Assessment Lien as provided for in the Act on the Lot to ,which they relate in favor of the Association. The ASf>~sf>D1Emt Lien shall be a charge on the Lot, perfected by the recording of this Declaration shall be for the amount of all items set forth herein from the date such amount becomes,d~e and shall be the personal obligation of the Owner of such, Lot at the time the Assessment became due. Where thElre,is more than one, Owner, each shall be jointly and severally' liable for all Assessments. Except for a sale or transfer of any Lot pursuant to foreclosure of any first lien security interest or any proceeding in lieu thereof, the grantee of any Lot (i. e. , purchaser or other transferee) shall be jointly and severally liable with his grantor (i.e., seller or other transferor) for all unpaid Assessments or other proper charges due the Association prior to, as well as subsequent to, the date of the recording of the conveyance without prejudice to the rights of said grantee to recover from grantor any Assessments paid. 6.2 Annual Assessments. Commencing with the year in which this Declaration is recorded, an Annual Assessment shall be made against each Lot based upon an annual budget approved by the Board for the purpose of paying Common Expenses, including but not limited to, reserves for operating deficiencies, a sinking fund for capital improvements or any other matters reasonably determined by the Board to be the subject of an Annual Assessment. 6.3 Soecial Assessments. In addition to the Annual Assessment authorized above, the Association may levy, in any Assessment period, a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, or for other extraordinary expenses, provided that such Special Assessments shail not exceed Twenty-five Thousand and No/lOO Dollars ($25,000.00) (except in the event of an emergency where there shall be no such limit). Special 18 ~ . ~ #36407r2/02/93 16: 32 Rec $195. <)Ot"'; 7~3 S. 1 . 'iV l' S Pit kin Cn t y C 1 er' k. D.. $. 'JO 1 Vl c. u-=:\ -, PG 617 -'. Assessments shall be allocated as provided in Section 6.4. For purposes of this'Section, the term "emergency" shall mean any circumstances or set of circumstances which poses an imminent threat of loss or damage, actual or threatened, to persons or property. 6.4 Allocation of Assessment. Annual Assessments and Special Assessments shall be allocated based on the amount of the Assessment divided by the number of Lots that are obligated to pay the Assessments, and may be collected on a yearly basis or more often as the Board so determines. Where Special Cost centers' are established, assessments will be charged to Lots participating in such special Cost Centers in accordance with the provisions of Section 6.5. 6.5 Special Cost Centers. "Special Cost Centers" shall mean the identification and aggregation of all costs reasonably estimated by the Board to be attributable to a function or service not provided to or obtained by all Owners or to which certain Owners receive dispropriate benefits from such function or service. Where Special Cost Centers are established, the Board shall have the rea~onable discretion, based on benefits received, to determine which Owners shall be charged for such benefits and what amounts shall be paid by each such Owner. The amounts. charged to an Owner for a Special Cost Center shall be an Assessment in addition to any Annual Assessment or special Assessment. The following Special Cost Centers .(which shall not be exclusive) are hereby established and allocated to the Lots specified: (a) North Side Road Maintenance Cost Center. The costs and expenses relating to the cost of maintenance (including snow removal), repair, and replacement, including the cost less the income associated with the Road Maintenance Agreement, for North Underpass Road, Stage Road and stage Court shall be allocated to this Special Cost Center. Lots 50 through 52 and Parcel A shall be charged these costs and expenses. 0,.-' I . (b) Tiehack Road Maintenance Cost Center. The costs and expenses relating to the cost of maintenance (including snow removal), repair, and replacement, including the cost less any income associated with any Road Easement Agreements, for Tiehack Road, shall be allocated to this Special Cost Center. All Lots except Lots 50 and 52 shall be charged these costs and expenses. '~ \.J' (c) Public Parking Cost Center. The costs and expenses relating to the cost of maintenance (including snow removal), repair, and replacement for the parking facilities located on Lots 14 and 15 shall be allocated to this Special Cost Center. Lots 14 and 15 shall be charged these costs and expenses. 19 '" . .'~ -...\ "r'~ .....J ',.,,) .1' < . .. ^ ,I""') #:364(, " 12/02/93 16:32 R<=c $195.'. 'BI': 733 PG 618 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (d) Golf Course Maintenance Cost Center. The costs and expenses for the construction, maintenance, use, repair and replacement of any portion of the Golf Course located on any Common Element or Common Area Parcel or Golf Course Easement Area including, any costs or expenses relating to lan~s<?aI?ing and vegetation, ponds, golf cart and other pa~hs,. ut~l~t~es, trails, signage, flags, fencing, shelters, l~ght~ng and the like shall be allocated to this Special Cost Center. Costs and expenses relating to any leases of property on which any portion of the Golf Court';.e or Golf cotlrse Easement Areas are located shall also be allocated to this Special Cost Center. Parcels A, B, C and D shall be charged these costs and expenses. 6.6 Establishment, of Annual, Assessment Period. The period for which the Annual Asses,smE!I1"t:, it'; to ,be levied (the "Assessment Period") shall be the calendar year, except that the first Assessment Period shall commence upon the recording of this Declaration and terminate on December 31 of such year. The Board in its sole discretion from time to time may change the Assessment Period. The Board shall fix the amount of the Annual Assessment against each Lot at least thirty days in advance of the end of each Assessment Period. written notice of the Annual Assessment shall be senf. to ea.ch Member. Failure of the Association timely to fix the Annual Assessment or to send a bill to any Member shall not relieve the Member of liability for payment of any Assessment or charge. The due dates for payment of any Assessments shall be established by the Board. . 6.7 Association Budaet. Annually the Executive Board shall prepare or cause to be prepared an operating budget for the Association's fiscal year, including an operating budget for any Special Cost Centers. The budget shall provide for the allocation of any surplus funds remaining from any prior budget period. Within thirty (30) days after adoption of the proposed budget by the Board, the Board shall mail, by ordinary first class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget which date shall be not less than fourteen (14) nor more than sixty (60) after the date of mailing or delivery. Unless at that meeting more than fifty percent (50%) of all Owners reject the budget, the budget is adopted. In the event, the Owners reject the proposed budget, to last budget ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board. 6.8 Effect of Nonoavment; Foreclosure of Assessment Lien. Any Assessment or charge or installment thereof not paid when due shall be deemed delinquent and in the discretion 20 ,.. . , . ""' 1 ,0 ) ....j 11:3640""""12/02/93 I b: 32 Hec ~; 195. (t-}W: 7~~ F'G 619 Silvia. l)avis, Pitkin Cnty Cler-k, ~ ..: '!'f..()() of the Board may bear interest from and after the due date until paid at a rate set by the Association, but in no event greater than allowed by the Act. The delinquent Member shall also be liable for all costs, including attorneys' fees, which may be incurred by the Association in collecting a delinquent Assessment. The Board may also record a Notice of Delinquent Assessment or charge against any Lot as to which an Assessment or charge is delinquent. The Notice shall be executed by an officer of the Board, set forth the amount of the unpaid Assessment, the name of the delinquent Owner and a description of the Lot. The Assessment Lien may be foreclosed by the Association in the same mannera~ a mo~tgage on real property. The Association shall be entitled to purchase the Lot at foreclosure. The Board may establish a fixed fee to reimburse the Association for the Association's cost in preparing and recording such notice, processing the delinquency and recording a release of said lien, which fixed fee shall be treated as part of the delinquent Assessment secured by the Assessment Lien. The Association may bring an action at law against the Owner personally obligated to pay the delinquent Assessment and/or foreclose the lien against said Owner's Lot. No Owner may waive or otherwise avoid liability for the Assessments provided for herein by non-use of the benefits derived from Assessments or abandonment. of his Lot. No delinquent Member shall be entitled to vote on any Association matters until the assessment due, with interest and all other costs, shall be paid in full. Where assessments due from any Member are more ,than six (6) months delinquent, the Association may temporarily cut off any or all Association services or benefits, until all delinquent assessments are fully paid. 6.9 prioritv of Lien. The Assessment Lien shall be a continuing lien upon the Lot against which any Assessment is made. The Assessment Lien is prior to all other liens and encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of the Declaration; ( 2) a first lien Mortgage on the Lot recorded before the date on which the Assessment sought to be enforced became delinquent; and (3) liens for real estate ,taxes and other governmental assessments or charges against the Lot. The Assessment Lien shall also be prior to the Mortgage described in (2) above to the extent of an amount equal to the Assessment based on the periodic budget adopted by the Association pursuant to section 6.7 which would have become due, in the absence of any acceleration, during the six months immediately preceding institution by either the Association or any party holding a lien senior to the Assessment Lien of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien. This section does not prohibit an action to recover sums for which this section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale 21 ~ ! U'-"075 12/02/93 16::1:2 Pee $1(-( 00 m:: 7~3 PG 620 Sl~via Davis, rL~~~in Cl'lty Cleo ~ Doc s.uu --." , or transfer of any Lot shall not affect the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, . or cancellation or forfeiture shall only extinguish the Association's lien to the extent required by the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot from continuing liability for any Assessments thereafter becoming due, nor from the lien thereof. 6.10 statement from the Association. The Association shall furnish to an Owner or such' Owrier'sdesignee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the Association, a statement setting forth the amount of unpaid Assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished either delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid Assessments which were due as of the date of the request. t"- ifJ 6.10 Assessments for Tort Liabilitv. Except for Declarant's liability for its actions or inactions which shall be established in accordance with the provisions of the Act, in the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Special Assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equi table principles regarding liability for negligent or wilful acts or omissions. 7. INSURANCE. 7.1 and keep coverage, Tvoes of Insurance. The Association shall obtain in full force and effect the following insurance if appropriate: (a) Property and fire insurance with extended coverage and standard all-risk endorsements, including vandalism and malicious mischief, on Association property. The total amount of insurance, after application of deductibles, shall be 100% of the replacement value of the insured property exclusive of land, foundations and other items normally excluded from property policies. 22 ,. . #364075""""""/02/93 16.: 32 f~ec ~;195. O(l;".: 733 PG 621 Silvia be,vis. F'itkin Cnty Cler'k, Do<- $.00 ~""\ ; (b) Public liability and property damage insurance, including medical payments insurance, in an amount determined to be sufficient in the judgment of the Board, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the ownership, operation, maintenance or other ,use qf Association property. This policy shall also cover operation of automobiles or other vehicles or equipment on behalf of the Association. This policy shall extend to the trail system set forth on the Plat. (c) Workmen's compensation and employer's liability insurance in the amounts and in the forms required by law. (d) Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securi ties, and forgery. This policy shall also cover persons who serve the Association without compensation. (e) Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of pri vacy and errors and omissions and other forms of liability generally covered in officers and directors liability policies. () (f) Insurance against loss or damage to persons or property for ditch or dam failure. (g) Coverage against such other risk of a similar or dissimilar nature as the Board deems appropriate. (h) If the insurance described in (a) or (b) i,s not reasonably available or if any policy is cancelled or not renewed without a replacement policy, the Association shall promptly provide notice of any omitted coverage to all Owners either by personal delivery or by U.S. Mail, prepaid. (i) The insurance policies required pursuant to (a) and (b) above, shall provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's Membership in the Association, shall waive the right of subrogration against any Owner or member of his household, and shall provide that no act or admission by any Owner, unless acting within the Owner's scope of such authority on behalf of the Association will void the policy or be a condition to recovery under the policy. If at the time of a loss under any policy required pursuant to (a) and (b) above there is other insurance in the name of an OWner covering the same risk covered by the policy, the Association's policy shall provide primary insurance. . ), " ,,; 7.2 Named Insured and Interests. The Association shall 23 ,. ff364075 ~02/9:' 16:32 Rec 'H95.00 F-733 F'G 622 , " . \,~ Silvia USvis, Pitkin Cnty Clerk, Doc ~.OO be the named insured under each of said policies. Where appropriate or required by the Act, the named insured shall include the Declarant and the officers and directors of the Association. Where appropriate or required by the Act, separate Owners shall also be named insureds. The certificate or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and upon request, to Declarant and to any Owner who is a named insured or to any Eligible Mortgage Holder. ('111.,,' "VJ 7.3 Insurance Proceeds. The Association shall receive the proceeds of any insurance purchased by the Association in trust for the Owners and any lienholders as their interests may appear. Subject to the provisions of the Act, in the event of damage or destruction due to fire or other disaster, if the insurance proceeds are sufficient ,to reconstruct the improvements, the Association shall promptly cause such reconstruction to occur. If the insurance proceeds are not sufficient for such purpose, the Association may levy a Special Assessment against the Owners for such deficiency. Any portion of the Common Elements for which insurance is required under this section which is damaged or destroyed shall be repaired or replaced promptly by the Association unless: (i) Maroon Creek Club is terminated; (ii) repair or replacement would be illegal under any local statute or ordinance governing health or safety; (iii) eighty (80) percent of the Owners vote not to,rebuild; or (iv) prior to the conveyance of any Lot to a person other than Declarant, the holder of a Mortgage on the damage portion of the Common Elements rightfully demands all or substantial part of the insurance proceeds. ~ 8. GENERAL RESTRICTIONS. 8.1 Residential Uses. The Single Family Lots and Multi- Family Lots shall be used only for residential purposes and such accessory or incidental uses thereto as may be permitted under applicable zoning, consistent with this Declaration and the Plat. No commercial activities may be conducted on any Single Family Lot or MUlti-Family Lot. On each Lot there shall be constructed only those improvements permitted by the Plat and the Approval Resolutions in accordance with applicable land use regulations and where required by this Declaration the approval of the SARC. 8.2 Approval Resolutions. All improvements constructed on any Lot and the use thereof shall be in accordance with the terms, provisions and conditions of this Declaration, the Plat and the Approval Resolutions and any amendments to said plats or resolutions. ,,'),. -.,.... 24 '~ ~ . y -.., .i .('," liJJ l) 11:'\64<">75 1~'2/93 16:32 Rec $195.00 Bf':r'r~ PG 623 ~. .' , D '. )() S'l' D."" Pitkin Cnty CleF'.:, QC .- 1 Vla ~.V~~, . 8.3 ~. Except for Lot 51, dogs are permitted as pets on single Family Lots and MUlti-Family Lots, provided that any dog shall be kenneled or leashed in accordance with County or other applicable governmental agency's leashing laws and any Maroon Creek Club Master Association Rules which may restrict dogs on Common Area Parcels, trails or other a.reas within Maroon Creek Club. Dogs are prohibited on Lot 51 and no variance from this prohibition shall be av~ilab1e. 8.4 Other Pets. Pets, other than dogs, shall be permi tted subject to obtaining the prior approval of the Association, which approval may include conditions or rules as to maintaining such pets. The Association may prohibit al together the maintenance of certain pets on Maroon Creek Club ,lands. 8.5 Further Subdivision. Except as to permitted condominiumization of the Multi-Family Lots 17, 18, and 50 and to the extent permitted the division of the Employee Housing units on Lots 13 and 52, no Lot shown on the Plat shall ever in the future be subdivided by an Owner into smaller parcels or conveyed or encumbered in any less than the full dimensions shown on the Plat. 8.6 Boundarv Line Ad iustments bv Owners. Notwi th- standing the provisions of section 8.5 above, a boundary line adjustment by Owners between two Lots shall be permitted provided that:. (a) the approval of the Association and the County is first obtained; (b) the Owners desiring such adjustment shall pay all reasonable costs incident thereto, including preparation, .approval and recording of an amended Plat as may be required by the County and Declarant 8.7 utili ties. Except as otherwise provided in the Plat or the Approval Resolutions, with respect to development by Owners on any Single Family Lot or MUlti-Family Lot, all domestic water, electrical, telephone and other utility pipes or lines shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated to SARC standards by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such instaliation. 8.8 Enclosure of Unsiahtl v Facilities All unsightly facilities, equipment and including, but not limited to those specified and Eauioment. other items, below, shall be 25 . '" . , o ). \.,-.~ ~364<'""'"' 12/02/93,16:32 nee $195.f"""'lEW 7~3 S'l 'D"'l'- F'l.tkin Cnio" Cler'k,. .JC $.UU 1 VI (,."'\ <:;\. ::!. . . , PG 624 enclosed wi thin a covered structure. Any motor home, trailer, boat truck tractor, garden equipment and any similar items shali be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters or other facilities, service areas, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the SARC and adequate to conceal the same. No lumber, metals, boat materials scrap, refuse or trash shall be kept, stored or allowed t~ accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to their collection or disposal. Satellite dishes shall be 8.9 Satellite Dishes. prohibited. 8.10 Huntinq and Firearms. The discharge or shooting of firearms is prohibited. 8.11 Drainaqe and Erosion Control. ,No Owner of a Single Family Lot or a MUlti-Family Lot shall do anything which shall impair or adversely affect the natural drainage on any Single Family Lot or a MUlti-Family Lot, or divert drainage or irrigation water onto another Lot or deprive any other Lot of its natural drainage course. No single Family Lot or Multi- Family Lot improvements may cause new erosion or exacerbate existing erosion or draining patterns where such changes are, in the opinion of the Association detrimental to other property in Maroon Creek Club. Each Owner shall install culverts where driveways cross road ditches, irrigation channels and other drainage ways as required by the SARC. The minimum size of any culvert and the construction methods utilized in installing any culvert shall also be approved by the SARC. 8.12 Pest Control. No Owner of a Single Family Lot or a Multi-Family Lot may engage in any pest control activities without having first obtained the written approval of the Association. The Association, consiqtent wi th this Declaration and the Approval Resolutions, may grant or withhold any such approvals. In the granting of any approval, the Association may impose conditions on any pest control, including the techniques, devices or chemicals that may be employed. Any approvals granted by the Association shall be consistent with and compatible with the pest control acti vi ties of the Golf Course. All pest control shall be implemented at the expense of such Owner. 8.13 Noxious or Offensive Activitv. No noxious or offensive activity or sound shall be conducted on any portion of Maroon Creek Club at any time, nor shall anything be done 26 . . .,-..... . \ I o ), ';,~../ *~364075 /""""'02(93 16:,32 Hec ~i195. 00 F:'"j733 PG 625 Silvia C:a~is, pitkin Cnty Cler'k, Doc ,.00 or permitted which may become a nuisance to, or unreasonably disturb, Owners of other Lots, or be injurious to the reputation of Maroon Creek Club. 8.14 Comoletion of Construction. Any construction activity on any single Family Lot shall be completed and fully cleaned up within eighteen (18) months from its commencement or a variance shall be obtained from the SARC to .allow for a longer period of construction upon proof of due diligence. 8.15 Fireolaces. All structures to be constructed in the Maroon Creek Club shall comply with the fireplace restrictions and regulations of the County and the Approval Resolutions. 8.16 Drivewavs. Driveway design, location, surfacing material and construction methods, shall be approved by the SARC and shall be in compliance with applicable provisions of the Approval Resolutions. The design and construction of driveways shall comply with the County standards and specifications governing driveways. 8.17 Trees and Landscaoina. Except for ordinary and reasonable pruning, Owners of Single Family Lots and Multi- Family Lots may not cut or alter trees, bushes or natural vegetation except with the approval of the SARC. All approved landscaping must be compatible with and of a quality at least equal to the Golf Course landscaping. , 8.18 Damaae bv Owners. Each Owner is responsible for any damage caused to Roads, ditches, fences, 'trails, natural draining courses, utilities, Association property, or to other Lots or property thereon during the construction of improvements upon his Lot by any vehicle belonging either to him or anyone using the Roads while engaged in any activity benefiting the Owner. Each Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff damage caused by failure to properly install culverts, and to repair any such damage in a timely manner. 8. 19 Fences. All fences to be erected by Owners of Single Family Lots or MUlti-Family Lots shall be approved by SARC and shall be in harmony with the nature, setting and surroundings of Maroon Creek Club. 8.20 Golf Course Restrictions. Use of Parcels A,B,C, and D as described on the Plat shall be restricted to use as a Golf Course and related uses in accordance with the provisions of the Approval Resolutions. These parcels may have constructed thereon buildings such as shelters, toilet facilities, pump house and other accessory structures related to golf. Other recreation activities such as hiking and jogging are prohibited except within specifically designated 27 , 1t"364,y012/02/93 16::3,2 f~E!C $,195.0("j'K 7r~ Silvia Davis, Pitkir1 Cr,ty Clerk. L~c $.Ul) PC., 626 --"', trails. Horseback riding is prohibited. Cross county skiing is permitted during the winter months but only in strict compliance with the specific easement agreements established for such purposes, including the Nordic Easement for Golf Course, Agreement to Reconvey (AARC Trail), and Trail Easement (Relocated AABC Trail) recorded in Book 730 at Page 698, Book 730 at Page 704 and Book 730 at Page 640, respectively of the real property records of pitkin County, Colorado. 8.21 Restrictions on Lots 14 and 15. Lots 14 and 15 are to be used as a parking facility in accordance with the provisions of' the Approval Resolutions. Lots 14 and 15 are also subject to an easement for the placement of a high-speed detachable lift or other upgrade lift system which may be constructed to replace the lift located at the base of the Tiehack Ski Area. ""0" ".'. 1;;',' 8.22 Water Service Aareement. Potable water is available to Maroon Creek Club pursuant to the Water Service Agreement. Each Owner shall comply with the terms, conditions and provisions of the Water Service Agreement, including city fo Aspen water conservation procedures. All residences shall have interior sprinkler systems. No individual wells may be drilled on any single Family Lot. Ownership of any Lot, except Parcels A, B, C and D excludes all water and water rights, ditch and ditch rights, spring and spring rights, ground water rights, reservoir and reservoir storage rights and in no event shall Owners of such Lots be entitled to have any standing, by virtue of such ownership to object to any application for a well permit,'any water rights applications, including but not limited to, a change of water right, approval of any augmentation plans or new water right that may be filed by the Owners of Parcels A,B,C, or D or any ditch or reservoir company having an interest in ~he water, ditch or reservoir rights appurtenant to Parcels A,B,C, or D. 8.23 sianaae. For sale or for lease signs or signs identifying a broker or sales agent for the sale or lease of any Single Family Lot or Multi-Family Lot, except signs erected by the Declarant pursuant to section 9.7, shall be prohibited. 8.24 Owner Restrictions. Owners of Lots in Maroon Creek Club shall have no rights, by reason of such ownership, to possess or use the Golf Course, the Golf Course Easement Areas or the Club. Owners of Lots in Maroon Creek Club shall not, solely by reason of such ownership, have any membership rights in any club organizations or associations formed for the purpose of owning, operating and maintaining the Golf Course. 9. EASEMENTS AND RIGHTS RESERVED. , ' '"j 28 . . ,'-" ! rr~ Ir.J :),','" . '. i #364075"""-U02/93 16:32 Rec: $195.Cll)"l 733 Silvio" LJ"<vis, Pitkin Cnty Cler'k, D8t"'"$.C)(i F"G 627 9.1 Easements Described on Plat. Each of the easements, covenants, conditions, and restrictions contained on the Plat including, but not limited to the Plat Notes is incorporation herein by this reference. 9.2 Golf Course Easements. (a i There is hereby reserved to the Owner of Parcels A,B,C and D, for ingress and egress to the Golf Course, access over and across all public and private roads, access easements and driveways as necessary for the purposes of the construction, operation, use, maintenance, repair, and replacement of the Golf Course. (b) There is reserved to the Owner,of ,Parcels A,B, C and D, permanent and perpetual non-exclusive easements and rights- of-way over and across all Common Areas Parcels and Lots 17 through 45 and Lots 17, 18, and 50, other than building envelopes, as shown on the PUD Plan, recorded in Book 657 at Page 327 and amended in Book 657 at Page 387 of the real property records of Pitkin County, Colorado, for the purposes of the construction, operation, use, maintenance, repair and replacement of the Golf Course, including, but not limited to, landscaping and vegetation of tees, greens and fairways, sand traps, ponds, other gOlf-related obstacles, di tches, sprinklers (including overspray of water from such sprinklers), golf cart and other paths, utilities, trails, signage, flags, fencing, shelters, lighting and the like. Owners of Lots shall have no rights to possess, use or make any changes in the conditions of Golf Course Easement Areas. (c) There is created a permanent and perpetual non- exclusive easement and right-Of-way over and across all Common Area Parcels and Lots 16 through 48 and Lots 50 and 51 for golf balls unintentionally to come upon such areas and for golfers at reasonable times and in a reasonable manner to come upon such areas to retrieve errant golf balls; provided, however, if an area is fenced or walled, the golfer shall seek the Owner's permission before entry. The existence of this easement shall not relieve golfers of liability for damage caused by errant golf balls. Under no circumstances shall the Declarant, the Association or the Members (in their capacity as such) be held liable for any damage or injury resulting from errant golf balls or the exercise of this easement. 9.3 Road Easements. There is reserved to Declarant and the Association permanent and perpetual easements under, over and across all Roads for purposes of operating, installing, constructing, maintaining and repairing Roads, the water distribution system, other utilities and for such other purposes as are described in this Declaration and on this 29 ;.... " #364075 r'p2/93 16: 32 f\ec $195. 00 Bt~33 PG 628 Silvia D~ _~, Pitkin Cnty Clerk, Doc '00 Plat, including without limitation the right to enter into Road Easement Agreements. 9.4 Ownership of Easements. with respect to any easements created by this Declaration and with respect to any easements hereafter granted by Declarant or the Association that benefit the Owner of any Lot such as Roads, utilities, ditches and trails, no such easements may be vacated, extinguished, impaired or limited (other than temporary limitations for maintenance, repair or replacement), except upon the written consent of the Owner of such Lot and any Eligible Mortgage Holder thereon, and notwithstanding the provisions of section 11.2 below, no amendment to this Declaration may repeal or change this requirement except upon the written consent of all Owners and all Eligible Mortgage Holders. o 9.5 Declarant's Riahts to Comolete Development. No provision of this Declaration shall be construed to prevent or limit Declarant's rights to complete the construction, promotion, marketing or sale of Lots including, but not limited to the right to enter into a Declaration of Restrictive Covenants with the Aspen skiing Company (the "skiing Company") which may contain development agreements between Declarant and the Skiing Company and to complete the construction of the Golf Course and the Club. 9.6 Declarant Reserved Development Riahts. The Declarant hereby reserves the following Development Rights: (a) The right to create additional Units, as that term is defined in the Act, within the Multi-Family Lots to the extent permitted by the Approval Resolutions not to exceed 30 Units. (b) The right to create additional units through the exchange of multi-family units permitted by the Approval Resolutions for Single Family Lots; provided, however that the maximum number of Single Family Lots shall not exceed 50. (c) If permitted by the County or other appropriate governmental authority, the right to create additional units through condominiumizing affordable housing to be constructed on Lot 52 provided however that the maximum number of such units shall not exceed 50. To the extent required by the exercise of any of the foregoing reserved development rights, Declarant may file amendments to the Plat or additional plats and may amend this Declaration. These reserved development rights shall be exercised by the Declarant not later than December 31, 2050. .1 \.j 30 '. .,,' ... . . -~ "","~" \~ , !i. \.,;;# , tt364075 ~f02/93, 16: 32 F\~C $195. 00 F-?~~ Silvia Davis,Pitki~ Cntj Clerk, DOL ~.UU PG 629 9.7 Sales Acti vi tv. Declarant may conduct, in Maroon Creek Club, sales activity including, but not limited to, the showing of Lots by Declarant or any sales agents. Declarant may maintain any number of model homes, offices for construction or sales purposes, storage areas or similar facilities on any property owned by the Declarant or the Association. Declarant may also maintain signs advertising Maroon Creek Club. 9.8 Ditch Relocation Easement. Declarant, its successors and assigns, hereby reserves permanent and perpetual non- exclusive easements and rights to locate, construct, maintain and relocate irrigation ditches under, over and across all lands as shown on the Plat excepting only lands within the Single Family Lot and the Multi-Family Lot Building Envelopes as shown on the PUD Plat. At such time" as the irrigation di tches have been constructed, Declarant' may cause an as- built center line description of the irrigation ditches to be prepared and a substitute easement containing such as-built description recorded in the real property records of Pitkin County, Colorado. 10. VARIANCES FROM DECLARATION. 10.1 Variances. The Association may, by the majority vote of the members of its Board, grant reasonable variances from the strict compliance with the provisions of this Declaration in the case of undue hardship. The Owners of all of the Lots shall be given at least twenty (20) days advance written notice setting forth the time and place of the meeting of the Board at which any request for a variance is to be considered and describing the requested variance. Owners or their representatives shall be afforded ,the opportunity to appear before the meeting of the Board and be heard with respect to the requested variance. Separate procedures are provided in Section 5.6 and shall be followed with regard to variances from architectural controls. 11. TERM. AMENDMENT AND TERMINATION OF COVENANTS. 11.1 Term. perpetual. The term of this Declaration shall be 11.2 Amendments. This Declaration may be amended only as provided in this Section -11.2. Any amendment must be consistent with the Act and shall be adopted in accordance with the provisions of the Act. The expense associated with preparing and recording an amendment shall be allocated as provided in the Act. No amendment which conflicts with the 31 , . . . "1 (''\ ~ , .~~ 'c.,../ . _~ ~/ ()7 / 9"1 16::.'12 Rec ~,1. 95. t)t) Bf< 7~~ U364Uf;.J., ,". '- . C t C'l"d" Do"""""". <.H) ~.l 1" If is. F'itkln f"l_Y - -., 'd 01 V c.... ~, PG 630 provisions of the Approval Resolutions or the Plat shall be effective. Except for amendments pursuant to section 9.6 which may be adopted and executed by the Declarant, this Declaration may only be amended by a vote of sixty-seven percent (67%) of the votes entitled to be .cast by Members of the Association; provided, however, the following amendments shall require the vote of one hundred percent (100%) of the votes entitled to be cast by Members of the Association; (a) any amendment which changes the allocated interests of a Lot including the voting rights allocated to such Lot; (b) any amendment which changes the uses to which any Lot is restricted; '(c) any amendment to any part of sections 3,4,5, or 6 and this section 11.2. Any instrument amending this Declaration shall be in the form required by the Act and duly executed by the President and secretary of the Association and recorded in the real property records of the County. 11.3 Rule aaainst peroetui ties. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law, rules imposing like or similar time limits, such provision shall continue only for the period of the life of James T. Pearce, Jr. his now living descendants, and the survivor of them, plus twenty-one (21) years. 11.4 Termination. This Declaration mqy be terminated if all the Owners and Eligible Mortgage Holders agree to such termination by an executed acknowledged instrument duly recorded in the real estate records of Pitkin County, Colorado. This Declaration may also terminate in the event of the taking of all of Maroon Creek Club by condemnation or eminent domain or abandonment or termination as provided by the Act. Any termination shall be in accordance with the requirements of the Act. 11.5 Disbursement of Proceeds. Unless otherwise required by the Act, upon the termination of this Declaration all property owned by the Association shall be sold by the Association either in whole or in parcels as the Board may deem appropriate. The funds shall be disbursed without contribution from one Owner to another by the Association for the following purposes and in the following order: 32 . :'\~ Rec ~; 195. (}(:> ElK 733 PG 631 #~64075 1:~~2/93 16:.-~ ..k D c: ~t;H) : . D' .' Pitkin Cnty Clet '., 0 , I Sllvla a\...~", '. .. . .. ""', (a) payment of all customary expenses of the sale1 (b) payment of all applicable taxes and special assessment liens in favor of any governmental authority 1 (c) payment of the balance of any liens encumbering Association propertY1 (d) payment of any unpaid costs, expenses and fees incurred by the Association1 and (e) payment of any balance to the Owners in the same proportion that they pay Association Assessments 1 provided, however, there shall be deducted from any share due an Owner any delinquent and unpaid Association Assessments. 12. CONDEMNATION. 0'.'" ::.,','.. ,. 12.1 Condemnation of Association Prooertv. If any Association property is taken or condemned by any authority having the power of eminent domain, all compensation and damages on account of the taking of the Association property, exclusive of compensation for consequential damages to affected Lots, shall be payable to the Association and such proceeds shall be used promptly by the Association to the extent necessary for repair and reconstruction of remaining Association property in as substantial compliance to the original plan of development as possible. If there is an award in excess of.the amount necessary to so substantially repair or reconstruct such remaining Association property, it shall, at the Board's discretion, be either refunded or retained by the Association for such uses as it deems appropriate. 12.2 Condemnation of Lots. If any Lot or a portion of any Lot is taken or condemned by any authority having power of eminent domain, such taking shall be in the manner provided for in the Act. 13. MISCELLANEOUS. 13.1 Interoretation of the Covenants. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development, operation, and maintenance of Maroon Creek Club and shall be consistent with the Act. ,) \,j' 13.2 Termination of certain Contracts and Leases The following contracts and leases may be terminated by the Association at any time after the Board elected by the Owners after the period of control by the Declarant as provided in section 3.3(a} takes office upon not less than ninety (90) 33 ". . " ~~ ~, o , .1, \./ i1364075 r-., 02/93 1 b: 32 P'..c ;1; 195. 00 1-""""\733 PG 632 Silvia Davis, Pitkin Cn~y Clerk, Doc ~.OO days notice to the other party: (i) Any management contract, employment contract or lease of recreationa,l or parking areas or facilities; (ii) Any other contract or lease between the Association and the Declarant or an affiliate of the Declarant; (iii) Any contract or lease that is not bonified or is unconscionable to the Owners at the time entered into under the circumstances then prevailing. 13.3 Conflict with Plats. In the event of any conflict or inconsistency between the provisions of this Declaration and the Plat, including the plat notes thereon, the provisions of the said Plat or plat notes, as the case may be, shall govern and control and this Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions hereof with the provisions of the Plats, including any plat notes. 13.4 Riahts of Eliaible Mortaaae Holders. Any Eligible Mortgage Holder shall be entitled to: (a) upon request, inspect the books and records of the Association during normal business hours; (b) receive written Association where the consent is required; notice of meetings of the of any Eligible Mortgage Holder (c) upon request, obtain copies of Association financial statements; (d) r~ceive written notice of condemnation proceedings affecting any Association property; (e) receive written notice of the lapse of any insurance that the Association is required to maintain under this Declaration; and (f) where the Owner of any Lot shall be deemed delinquent in the payment of any Assessment, any Eligible Mortgage Holder of said Lot shall be given written notice of such, delinquency. 13.5 provisions Incoroorated in Deeds. Each provision contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any Lot is granted, devised, conveyed or encumbered, whether or not set forth or referred to in such deed or other instrument. 13.6 Number and Gender.' Unless the context shall otherwise provide, a singular number shall include the plural, a plural number shall include the singular, and the use of any 34 ,-, .<:v ",^.-"'.. r>-'~/9'\ 1(-.'\':' Hec .r,195.00 E~733 'PG #:-:\64075. (..::.. -'- .I. '-'- . '.'f ....,' ,. '- : D' F'l' tkin Cnty Cler.k, Doc ,.1)'- Silv18 aVIS, - . 633 gender shall include all genders. 13.7 No Dedication. Unless expressly provided, nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of Maroon Creek Club to the public or for any public use. 13.8 Notices. Except as otherwise specifically provided for in this Declaration, any notice permitted or required to be delivered as provided in this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered three (3) days after a copy of the same has been posted in the United states mail, postage prepaid for first class, mail and addressed to the receiving party at the address last given by such party to the Association. Any notice to the Association shall be sent to such addr~ss as it may from time to time designate in writing to each Owner. 13.9 Aoolicable Law and Venue. The interpretation, enforcement or any other matters relative,to this Declaration shall be construed and determined in accordance with the laws of the state of Colorado. Any action to enforce, interpret or otherwise pertaining to this Declaration shall be commenced in the District Court for Pitkin County, Colorado. P) f:,' " '~ 13.10 Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by Declarant, or its agents or employees, in connection with Maroon Creek Club, or any portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this Declaration or except as set forth in any Disclosure statement required to be given under applicable rules of the Colorado Real Estate Commission. ('--) ",J' 13.11 Desianation of Successor. For purposes of this Declaration and the easements, dedications,' rights, privileges and reservations set forth herein, a successor and assign of Declarant shall be deemed a successor and assign only as specifically designated by Declarant by instrument recorded in the real estate records of Pitkin County, Colorado, and, only with respect to the particular rights or interests specifically designated therein. 13.12 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is declared by a court of competent jurisdiction to be contrary to or in violation of 35 ....G. .,,/" ,'-' "~64"1~~ JI"""""'"'/9:'1 1 6'"''0' F(ec $195. (>(> Blf~33 tl'o';''\ . f;.J. '. ..:.. 0_ .... . . 0- _. . ..... '1 (' () Silvi~ Davis, Pitkin Cnty Clerk, Doc . J. PG 634 the Act this Declaration shall be automatically amended to replace such provision with a new J?rb'lision, as similar thereto as practicable, but which is not contrary to or in violation of the Act. 13.13 References to County standards. Wherever in this Declaration there is a reference to County land use regulations, zoning, other County standards, the Approval Resolutions, any plats approved by the County or. any other federal, state or local rule, law or regulation, such references shall automatically be waived, released, modified or amended, as the case may be, to correspond with any subsequent waiver, release, modification or amendment of such regulations, zoning, ,other County standard, Approval Resolutions, plats or any other rule or law. 13.14 Run with the Land. Declarant, for itself, its successors and assigns, hereby declares that all of Maroon Creek Club shall be held, used and occupied subject to the provisions of this Declaration, and to the covenants and restrictions contained herein, and that the provisions hereof shall run with the land and be binding upon all persons who hereafter become the owner of any interest in Maroon Creek Club. 1"',~' ~fJ IN WITNESS WHEREOF, the Owners have executed this Master Declaration of Protective Covenants for Maroon Creek Club this I+day of November,. 1993. PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limite liability company r. Member E!04.lx-'i/" j;. j)-f-W-tz... By: .J J' //-CJ.-1-J3 a Colorado limited '(, '-Jo' 36 '. . .,~ ",1._ .__-1-- .-J t'""-: ,r') #364075 12/02/93 16:32 Rec $195.00 Bf< 733 PG 635 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ACKNOWLEDGEMENTS TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLue ' z. " STATE OF //vc. c-<..a.c..C) ) ~"./;>' )ss. COUNTY OF C/ / #'~;) ) The foregoing Master Declaration Of Protective Covenants For M<;W, '90/ Creek Club SuJ;l.cUyision w.as <!'9knowledged before me this /::::_J:.!?V day, of":;::: ~~t..-~.-...J , 1993 by James T. Pearce, Jr., as Member of PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company. ...111',.... R-f)>. ,.......~~ .' / 0 1 '~r\ \ ., - \ 11' \p u \ C. i 0 E ':.. ,JI.~. . .: <':\ ~ , ~. .,' .,. ~.." l' )0. '0. o' 0+ ,,~" ,,~ J '."/ l: 0$ O\.. \" /11 \\\ """,.1111\ /' STATE OF L. ~ -'-"P~~ COUNTY OF~ -rlL I ...J WITNESS my hand and official seal. My commission expires: ~~0-/Y ~<<;)~4~~ Notary Public. ) )S$. ) , !. . The foregoing Master Declaration Of Protective Covenants For ,~.~ ~creek Clu~ ,Subdivision was acknowledged before me thili-~r,.,y day of .DJ~6~ , 1993 by Arthur- q;lt: <J Pfis er and Elizabeth H. Pfister, as General Partners of THW;;, <- PFISTER FAMILY, LoP., a Colorado limited partnership. ;-\, 1"~'.:. ?'~~'/r. WITNESS my hand and off icial seal. 'I'" ....... ...... y ;'. ...,...... "- My commission expires: '. ')J1~o() , 'tC:\ROH\R!'\HOROC511. WC1l: 37 . ..... ,c:..,~,O'IIt"."'" '"' ~, <"CC"\., V ) ",~J . 1""\ f""'\ #~6 -./75 1:::/02/93 16:~? R ,J 511 vi a Davi 5, Pi tki n -Cnt;C: C~195. c)c) BK 733 F'G 636 er'k, Doc: $. C)C) EXHIBIT A All of the Lots and Parcels, except Lot 49, Maroon Creek Club, according to the Final Subdivision Plat and PUD thereof, recorded November 15, 1993 in Plat Book 33 at Page 4 of the real estate records of Pitkin county, Colorado. v ...wp.......-.:.~, -) 0,' I:'" .,.:. \ '~.,....;f ,-, f + 347049 1-742 P-BJ 02tl7194 11.57A PS 1 OF J SILVIA DAVIS PITKI. COURTY CLERK. RECORDER REC DOC IS. 00 RECORDING REQUESTED BY: WHEN RECORDED RETURN '1'0: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East HYDan Avenue Aspen, Colorado 81611 FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB PITKIN COUNTY, COLORADO This FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENh!lTS FOR MAROON CREEK CLUB (the "First Amendment is made this ~~ay of February, 1994 to be effective as of December 2, 1993. 1. RECITALS. 1.1 Declaration. Pearce Equities Group II Limited Liability Company,. a Utah limited liability company (the "Declarant") and The Pfister Family, L.P., a COlorado limited partnership (collectively the "project owners") created the Maroon creek Club planned community pursuant to by Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 of the real 'estate records for Pitkin County, Colorado (the "Declaration"). 1. 2 Ownership. The Project owners are the owners in fee simple or by leasehold estate of the real property described in Exhibi t A which is all of the property comprising Maroon Creek Club. 2 . AMENDMENTS. 2.1 Amendment to Article 9. Declaration entitled "Easements and Rights amended by the addition of the following new Article 9 of the Reserved" is hereby section 9.9: 9.9 Ski Easements. (a) There are hereby created and established for the benefit of all owners easements for ski in and ski out pu~poses to provide ski access to the Tiehack Ski Area over and across those areas of the Single Family Lots and Lot 17 lying outside the building envelopes of such lots. The exact location of these easements shall be established by the Declarant and a \ ! I"',"~' IJ , "''';''' . ~ r'\ /"""'\ .J 367049 1-742 P-B3 02117194 Il.57A PB 1 OF 3 SILVIA DAVIS PITKIN COUNTY CLERK. RECORDER REC DOC 15.00 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB PITKIN COUNTY, COLORADO This FIRST AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVEt.fbNTS FOR MAROON CREEK CLUB (the "First Amendment is made this ~~ay of February, 1994 to be effective as of December 2, 1993. 1. RECITALS. 1.1 Declaration. Pearce Equities Group II Limited Liability company, a Utah limited liability company (the "Declarant") and The Pfister Family, L.P., a Colorado limited partnership (collectively the "project owners"). created the Maroon Creek Club planned community pursuant to by Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 9f the real 'estate records for Pitkin County, Colorado (the "DeClaration"). 1. 2 ownership. The project owners are the owners in fee simple or by leasehold estate of the real property described in Exhibi t A which is all of the property comprising Maroon Creek Club. 2 . AMENDMENTS. 2.1 Amendment to Article 9. Declaration entitled "Easements and Rights amended by the addition of the following new Article 9 of the Reserved" is hereby Section 9.9: 9.9 Ski Easements. (a) There are hereby created and established for the benefit of all Owners easements for ski in and ski out purposes to provide ski access to the Tiehack Ski Area over and across those areas of the Single Family Lots and Lot 17 lying outside the building envelopes of such lots. The exact location of these easements shall be established by the Declarant and a -'. j <,' '" '\{J ,...'\., ) \J ~ n , " 3&7049 9-742 P-B4 02/17/9' 11157A P6 2 OF J plat or map locating and describing the easements shall be recorded in the real property records ot Pitkin County, Colorado. until such time as the plat or map locating the easements is recorded each OWner or Mortgagee or any other person acquiring an interest in a single Family Lot or Lot 17 shall acquire such interest subject to the blanket easement hereby created. (b) The Association shall be responsible for maintenance ot the easements and, shall carry pUblic liability and property damage insurance in accordance with the provisions of Article 7 of the Declaration. Except for an OWner's or its agent's gross negligence or willful misconduct, no Owner shall be liable to any person or persons using such easements. (c) No Owner shall construct any i1nprovements on the easements hereby created nor shall any fence, barricade or other obstruction including trees, bushes or shrubs ,be permitted on the easements nor shall any activity be permitted on the easements which would interfere with the use of the easements for their intended purpose. 2.2 Amendment to Article 8. Article 8 of the Declaration entitle "General Restrictio'i's" is, hereby amended by the addition of the following new Section 8.25: 8.25 Wetlands Abatement. Owners of Single Family Lots in Maroon creek ClUb shall be responsible for any wetlands abatements or wetland's compliance required for the construction of any improvements to be constructed on such Owner's lots. 3. Miscellaneous. 3.1 Compliance with neclaration. This First Amendment is being made pursuant to the provisions of section 11.2 of the Declaration. 3.2 Defined Terms. Capitalized words and phrases in this First Amendment shall have the meanings given to such words and phrases in the Declaration. IN WITNESS WHEREOF, the Project Owners have executed this First Amendment Master Dec~ration of Protective Covenants for Maroon Creek Club this .~~ day of February, 1994. , 2 f'. 'l' ~ 367049 8-742 P-85 02/17/94 11157A PB 3 OF 3 ~ ) PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company By' fii?~--.;.' J es T. Pearcll, 11mber THE PFISTER FAMILY, a Colorado limited partnership By: au~ ef} r?kk:. Arthur O. p!ist,r, General Partner By: Eih~~fH~Pf~tet'he;;~al Partner STATE OF ~~ .e'o COUNTY 0 ~ ) )SS. ) The foregoing First' Amendment to Declaration of Protective covenants for, Mar.-9D~ Creek ~ subdivision was acknowledged before me this /(/'1'. day of ~ ..r~, 1994 by James T. Pearce, Jr., as Member of PEARCE EQUITIES GR II LIMITED ('~ ,...",,~,~~ILITY COMPANY, a Utah limited liability company. fJJ.J ,\ "I, .,<\::...~.... . ~'.'_.:>_. WITNESS my hand and official seal. .:- . oJ ." , ':'-...)." .", ~ '" :.' 0 I '. ; r.... - My commission expire ~.f\"...- - <:r, . . .: " \.oUD\..'C.:u;' "%:~'."'" . .....<.~.{~ '. '", ...... ~ .' .....''''''<,o'-,......~ ""'S'fATE OF -l COUNTY 0 ~) The foregoing First Amendment Protective Covenants for ~ Creek acknowledged before me this ay of Arthur O. Pfister and Eliza eth H. Pfi er, as Ge THE PFISTER FAMILY, L.P., a Colorado limited par to Declaration of Subdivision was , 1994 by Partners of ship. IlltlII,..... ..!..~_. FP, -"," .' ...~ p" ''l/, '.... . 'r,'\ ...-.... .,t!",. /!/........ :--...-P \. ,....:.Q.....)... ~ jolt....... :'~ ;' <\",,_...i.Q~ - .FU U \.oo.'~~ " </'.'. .. or " ~ r~ "'. ..... "t" ,.... ~ .,)- .........:-w.o " .....". r __ _t'\ .'. WITNESS my hand and official seal. Hy="oi=_~:::~~~ "110 ary Publ:1.c 3 .. , l '.cJ' K , .,,), ~ ' ",+...y o ..-... ."..... ~'No, 3118-- P. 1/4 Apr. 25, 1996 11:34AM PITKIN COUNTY TITLE /",,\, . ..., ~ .~-b' . " ) 37(1864 'El-75Z SIL.VIA DAVIS F'-754 (JbIOS/Cf4 lO::27A F'S 1 OF 4 F'IT~IN COUNTY CL.E~K & RECORDER REC :20.00 RECORDING REQUESTED BY: WHEN RECORDED RETORN TO: Ronald Garfield, Esq. Garfi~ld , Hecht, P.C. 601 East Hyman Avenue 'Aspen, Colo,rado 81611 SECOND AMENDMENT TO MASTL~ DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB PITKIN COUlITY, COLORADO DOC This SECOND AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB (the "Second AIllendment is made this~daY of May, 1994 to he effective as of Oecember 2, 1993. 1. RECITALS. 1.1 Declaration. Pearce Equities Group II Limited Liability,Company, a Utah limited liability company and The pfister Family, L.P., a Colorado limited partnership ~reated the Maroon Cree~ Club planned community pursuant to the Master Declaration of Protective Covenants for Maroon creek Club recorded December 2, 1993 in Book 733 at ?aoe 59B of the real estate record~ for pitkin county. colorado (the Ilf!eclaration")" 1.2 Certain Amendments. The Owners of all of the Lots and Parcels have determined that it is necessary and appropriate to make cer1:air. additional amendments to the Declaration and have adopted the amen~ents set forth in this Second Amendm~nt. 1- J Associ atiol' Officers. 'the undersiqned are the President and Secretary of t.'1.e Maroon creek Club Master Association formed pursuant to the Oeclaration and are executinq this Second Alnendment in accOl:"dance with the pl:"ovisions of the colorado COllllllon Interest Ownership Act (the "Act"l. 2 . AMENDMEN'l'S_ 2.1 Amendment to Section 3.15. section 3.15 entitled "certain Provisions Rea"rdina Association p..ocert~" is hel:"eby amended by the addition of the (ollowinq clause at/the end of the Post-It" Fax Note To Co./DepL 7671 Date Pllone# Fa" From co. Phone " Fax' ", ,/ .' . ~. ". < t. . . ~ - t r ;! ~, ~ \.: 'r in. ri-. .., " :j, ~.I ... .~:'! . ",' . . -', ~ 'I '..,j Apt. 25.1996 11:35AM PITKIN COUNTY TITLE ,f""'" .'l ,..,... ,-eNo. 3118' -. P. 2/4" r'\ 370864 B-iS: F-755 Ot/08/94 IO::7A PG : OF 4 last sentence thereof: :provided however, the Association may g=ant easements, rights of way and licenses over across and under any real property owned of leased by the Association as its Board may determine are re~sonable or necessary and in the rest interests of MaroC'n Creek CluJ,. ..., 2.2 Amendment to section 6.3. section 6.3 enti tled "Soecial ."ssessments" is herlaby amended by deleting the reference therein to ....wenty-f i ve Thousand Dollars ($::!5. 000.00) and substituting therefor the amount of Two Hundred Thousand Dollars ($200,000.00). 2,...i j\.mendment to section 8.5. "Fur"ther Subdivision" is hereby deleted in following substituted therefor: section 8.5 entitled its entirety and the 8.5 Lurther subdivision. (a) Except as permitted in (bi and (c) below and as to permitted condomini~~ization of the Multi-Family Lots 17, 18, and 50 and, to the extent permitted, the division of the Employee Housing Units on Lots 13 and 52, no Lee shown on the Plat shall ever in the tuture be subdivided by an Owner into smaller parcels or conveyed or encumbered in any less than the full dimensions shown on the Plat. (b) A portion of pa~cel B that is adjacene to the Pomegranate East Apartments, a ccndominiuln, (the "pomegranate") may be conveyed eo the Pomegranate's homeo~'ers association or its designee by the owner of Parcel B. The exact legal de.scription o,E the parcel conveyed and .the terms and con~i.ti.cns 9f the conveyance shall be at the discretion of the Owner of Parcel B; provided however, no property on which any part of the Golf C01.lrse is located may be conveyed. IllI1lIediately upon the conveyance of such property to the Pomeqranate, without the need to execute or r~C'ord any additional docUlllentation, such property l;hall boO withdrawn from Maroon Creek Club and such property and its owners shall not be subject to the terms, conditions, restricticns and obligations of the Declaration. The Association shall execute, deliver and record, at the expense of the Owner of Parcel S, any documentaticn necessary for the effective legal conveyance of the parcel to th~ Pomegranate including, but not limited to, Subdivision Plats or Replats. (c) A portion of adjacent to Parcel B may Parcel B. In the event of so conveyed shall be part the Pomegranate's property be conveyed to the OWner of sucM conveyance, the property of Parcel B and shall without ~ , t t Ls lJ i '. ,. J . . , r , ,! ~ .f , Apt. 25. 1996 11: 35AM PITKIN COUNTY TITLE 1""'\ ''1 No, 31 i 8 ..370864 -.., B-7!: P-756 06/08/.4 10~27A PG , OF <: the need to execute or record any additional documentation be subject to the terms, conditions, restrictions and obligations contained in the neclaration. The Association shall execute, deliver and record, at the expenSe of the Owner of Parcel B, any do<:umentation necessary for the effective legal conveyance o~ the property from the pomegranate to the Owner of Parcel B including, but not limited to, Subdivision plats or Replats. 3. l:\"TSCELLANEOUS. 3.1 Comoliance with peclaration. This Second ~endment is being made pursuant to the provisions of Section 11.2 of the Declaration and the Act. :3.:2 Defined Terms. Capitalized words ~"d phrases in this First Amendment shall have the meani.ngs given to such words and phrases in the Declaration. 3. :3 Counterparts. This Second A."endlllent lllay be execu';:ed number of counterparts and each such counterpart shall be to be an original. in ar.t deemed IN WITNESS WHEREOF, this Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club is executed the day and year first above written to be effective as of December 2, 1993. r,f,';'}. (~ " '''__i'. CLUB MASTER ASsoCIATION, a c poration By: .~ By' Andrew V. Recht, Secretary 3 p, 3/4 '...,; , o Apt. 25,1996 11:35AM PITKIN COUNTY TITLE ~ No, 3118 ,-, . '- OF 4 : '370Sb4 e-75:! p-757 t)b/OEJ/ct4 10:Z7A F'G 4 '; , ACI<NOw::..SDGEMENT STATE OF ~.?L'-o /" ~ OFC:~.-c:::G . ....;.) ) )s5. ) The foregoil1g Secol'>.d Amendment to Declarati.on of Protectiv~ ovenants for ~a on C ek Club was ac:,nowledqed before me this &/, day of:.,t; : 1994 by James T. Pearce, Jr.. as resident and .' ew V, Hecht as secretary of MAROON CREEK CLUB MASTER ASSOCT.AT!OH, a colorado non"~rofit corporation. .~~ . ...... . ," ,..;;" WITNESS roy hand and official seaL .' .~.!'i>'~--.. My commission e"Jlires::J~~ -~J' . ,y", " 7) L " ..' y ~ ~ .')o! '<64~ ~ .. ;' '. Notary blic ,..... . " '~'.. ,: '", 0'" ~,~" COUNTY 4 >, .~ \,,./ " P. 4/4 .. .ji, .~ F'~' '. .~": ~: " '. ~.'. . ,'" 1, !\t !~': r "' > .."" i I ~ 1 ~,;.. <,J , ,~ ",.7 ......;...~.:~.~" '-,.. .,,'"'.,.. :~ ~7'7 ",j'" .r.,~,.' :,~~..,.~.'~ . '. ,;~ "~'.'f't...:;,<~'';'''l.'~''';rv'' , '.', .,,,,~.. .-'t........!'~,..., r"')'~,'" .' ~. .....' ;:; . .. ~: '. . -.f':'~ .t.., ,...~ . '\, .,;,. . j' . I,.... ' ....'?'!i.. l.~ -tl ., .,...... ..),.' ,I", ~:'.~~~'. :~__..,t.l.~ .. . ;;;... ':'"'T'~_ . " -~~:.. -;~ .,......., .. . Y'_!:. 372475 8-756 P-597 07/26/94 04: 13P PG 1 OF 3 SiLVIA DAVIS PITKIN COUNTY CLERK &.RECORDER REC 15. t)(l RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Rona ld Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 AMENDED AND RESTATED THIRD AMENDlvlENTTO MASTER DECLARATION OF . , PROTECTIVE COVENANTS FOR MAROON CREEK CLUB . PITKIN COUNTY, COLORA.DO This AMENDED AND REST A TED TI-fIRD AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEr<: CLUB (the "Restated Third Amendment") is made this2b. day of July, 1994 to be effective as of December 2, 1993. 1. RECITALS. 1.1 Declaration. pearce Equities Group II Limited Liability Company, a Utah limited liability company and The Pfister Family, L.P., a Colorado limited partnership created the Maroon Creek Club planned community pursuant to the Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 of the real estate records for Pitkin County, Colorado (the "Declaration"). 1.2 Certain Amendments. The Owners of sixty-seven percent (67 %) of the Lots and Parcels have affirmatively voted to make an additional amendment to the Declaration and have adopted the amendment set forth in this Restated Third Amcndm,.ent. " '" ,-.- 1.3 Association Officers. The undersigned are the President and Secretary of the Maroon Creek Club Master Association formed pursuant to the Declaration and arc executing this Restated Third Amendment in accordan~e with the provisions of the Colorado Conunon Interest Ownership Act (the" Act"). 1.4 Supersedes Prior Amendment. This Restated Third Amendment to Master Declaration of Protective Covenants for MaroonCreek Club replaces and restates in its entirety the Third Amendment to Master Declaration of Protective Covenants, for Maroon Creek Club recorded in Book 755 at Page 883 of th~ real estate records for Pitkm,County, Colorado. DOC .;....j.',.... l -. . . :; ~~" , . .:S:..":.-S . ~'-'~ '. ~. ,'"..!:';.;".;": .' . ;;:'..1 . 'r, "....:, ,.\.1 ~'..' .)>. .'.( -, :i~ ~\;.~',; ,.. ~. . i J : :~r ,p" ,::ii i' ';. t " ;!, t, , f:; "1 ii i ,. "1.- . ~ . "." ,'/t'':'' I.'.,,'. ,'f.... ~, )," ~ .., .' [) ~ ~ \..:.....P "~ . /. . ;~~: ::_. ,I i' ~. ';. '!~:i' ,.<!~.... ~~~:;:.. ,,.,. " "'! ...... .~.^_~. - "'l r.. 372475 B-756 P-598 07/26/94 04:13P PG 2 JF 3 2. AMENDMENT. ~ .. ,~ '.",' 2.1 Amendment to Section 8.9. Section 8.9 entitled "Satellite Dishes" in the Declaration is hereby deleted in its entirety and the following substituted therefor: ._. ; ~ .' . '~'~"l ~. .', . ..)'.:t'e~ 'f : '~""," . , ' . tl\l .' ." t - ~ :f' :.~t ~, 8.9 Satellite Dishes. Satellite dishes shall be pel1l1itted subject to the following restrictions: (i) satellite dishes shall not be located within any easement area including the ski-in ski-out easements or the golf course easements; (ii) satellite dishes shall be located and landscaped or fenced in a manner approved by the SARA in accordance with the procedures set forth in Article 5 and so as to 'oe completely screened from view from any other lot, road or driveway within Maroon Creek Club and the Golf Course; .end (iii) the screening of the satellite dish from view shall. to the extent practicable, be by natural landscaping so as to reduce the use of fencing and shall be approved under Anicle 5 referred above. , .N ~-- 'J.. .t,..,...,.,i ~" 3. MISCELLANEOUS. 3.1 Comoliance with Declaration. This Restated Third Amendment is being made pursuant to the provisions of Section; 1.2 of the Declaration and the Act. 3.2 Defined Terms. Capitalized words and phrases in. this Restated Third Amendment shall have the meanings given to such words and phrases in the Declaration. 3.3 Counteroarts. This Restated Third Amendment may be executed in any number of counterparts and each such counterpart shall he deemed to be an original. IN WITNESS WHEREOF, this Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroo~ Creek Club is executed the day nnd year first above written to be effective as of December 2, 1993. MAROON CREEK CLUB MASTER ASSOCIA nON. a Colorado non-profit corporation ' ., By" t~ ;IL I" i ;j" .:'~i~ !t, ~: ~. :~: '1..." :',~:,:, .! 't ':f~ .~:: .i "" , .. ames T. Pearce, Presi (d?:.-.,r.,,) L .~,. L) Susan Frazier, Secretary C-) ';j:;" ".;-, \',~ By: ,. ':; t,:. 2 '~. \ '. :>';:.,~ : t' . . - , r'", p " 1; '. ~ j ',,,,,!- , ,. ...-;..... - .~v...~h;..~:~. .. . .!:iu \ I" . ~.~~i f":' .... ,...., "',t<"',.....C\VI'_..'if "1iII.. ..' ..' ""~~" " ~~, ~~.~ . . ,. ~,... .~_.~",~'\~~;~ ';~~~~." ." . it~:. . '. ....,.~. ._ L" . ".,;, ., .~_. '.', ........"!W....... . ~... " ..." .P;~E -_+---- .........,..._ <T," '"',j&. ~.i'~ .t~1-';: r .,....~": <./~{::' , iI' ~ ,1,- " ;..~;#\~.~J l' l:..:i.. iP;~~{ (i .,.ti:l;. " .~. );1,,: "',''--''. .'Ci^, "..." 372475 8-756 P-599 07/26/94 04: 13P PG 3 OF 3 ACKNOWLEDGEMENT The foregoing Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club was acknowledged before me this 1(tJ~Y of July. 1994 by James T. Pearce, Jr., as President and Susan Frazier as Secretary of MAROON CREEK CLUB MASTER ASSOCIA,TION, a Colorado non-profit corporation. .,.."..... .. ,',....~ 1HHO..... "" ~~ ......... /PJ.... , ";-'., , '. '-? ' ~~... ,......... f ! \\OiARr'" . \ ~: ... i~ \ ".}/'UB\.\C'/ 0 f \. "fJ' ..... ..... ,""~" ~'... t ....... 0" ,\' .....~ Ot' co\': \\\' ""', ,..,,1111\' STATE OF ) ) ss ) COUNTY OF ~-- ) .+If: '.~:;. 3./::xJ,JC7 ~7 WITNESS my hand and official seal. My commission expires: avh\maroon\docs\third. amd ~'5~r.'l_ Notary Public , ~. k;! ~~ :i!. '. ~ , ~ .~_Io.-- . , ':~!.. ~. ~~-- " 3 I , . ~:.. t. II, ~. : :,: .. t,-, ,- ;'" . '?i.". :. '< .. r-i :-j. ;'/ }<;.- t:rsonal 1St provide for the reallOcatio .::. lmts of the resultant comm ~ aC 'Ormulas upon which they aan In - re b - ,ctive July t, ]992. rEREST COMMUNljy :ive July!, ]992. 1. 98: Entire Except as provided in subse'ci- ~c!aration, the association, witho ms. di ~ures, and reserves and coli"' nployees, agents, and indepe~d" linistrative proceedings in its 3.tters affecting the common int' 'c- nt, and modification of comm- !:. art of the common elements. .~" ame any rigbt, title, or interest " oos: '.~" community may be conveyed ~.33.3-312; and : . .~ ~: ',,1 Colorado Common Interest I...- ,....nership Act 38-33.3-303 (ll) Part of a cooperative may be conveyed. or all or part of a cooperative may be sub- . ted to a security interest. only pursuant to section 38-33.3-3]2: ~l) Grant easements, leases, licenses, and concessions through or over the common ele. a1~ntS; u) Impose and receive any payments, fees. or charges for the use, rental, or operation of th~ cornmon elements other than limited common elements described in section 38.33.3- 1J2 (1) (b) and (]) (d); . (k) Impose charges for late payment of assessments. recover reasonable attorney fees d other legal costs for collection of assessments and,other actions to enforce the power ~ the association, regardless of whether or not suit was initiated. and, after notice and an ~portunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rul~s and regulations of the association; (I) Impose reasonable charges for the preparation and recordation of amendments to tb~ declaration or statements of unpaid assessments; tm) Provide for the indemnification of its officers andexecutive board and m~intain Jirectors' and officers' liability insurance; (n) Assign its right to future income. including the right to receive common expense ;r;sessments, but only to the extent the declaration expressly so provides; (0) Exercise any other powers conferred by the declaration or bylaws; (p) Exercise all other powers that may be exercised in this state by legal entities of the ",me type as the association: and (q) Exercise any other powers necessary and proper for the governance and operation 1)[ the association. (2) The declaration may not impose limitations on. the poWer of the association to deal with the declarant that are more restrictive than the limitat!ons imposed on the power of the association to deal with other persons., Source: 1. 91: Entire article added, p. 1735, s], effective July 1.1992. i, ',il," ii'J I:' 38-33.3-303. Executive board members and officers. (1) Except as provided in the declaration, the bylaws, or subsection (3) of this section or any other provisions of this arti- cle, the executive board may act in all instances on behalf of the as:5ociation. (2) (a) If appointed by the declarant, in the performance of their duties. the officers and members of the executive board are required to exercise the care required of fiducia- ries of the unit owners. (b) If not appointed by the declarant, no member of the executive board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions: (3) The executive board may not act on behalf of the association to amend the declara- tion, to terrninate the common interest community, or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members, but the executive board may fill vacancies in its membership for the unex- pired portion of any teom. (4) Within thirty days after adoption of any proposed budget for the common interest community, the executive board shall mail, by ordinary first-class mail, orothen:vise deliver a summary of the budget to all the unit owners and shall set a date for a meeting of the unit owners to consider r~tification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the summary. Unless at that meeting a majority of all unit owners or any larger percentage specified in the declaration reject the budget, the bud- get is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by tbe unit owners must be continued. until such time as the unit owners ratify a subsequent budget proposed by the executive bo'ard. (5) (a) Subject to subsection (6) of this section: (I) The declaration, except a declaration for a large planned community, may provide for a period of declarant control of the association, during which period a declarant, or per. sons designated by such declarant, may appoint and remove the officers and members of t~e executive board~ Regardless of the period of declarant control provided in the decl~ra- hon, a period of declarant control terminates no later than either-sixty days after con- Veyance of seventy-five percent of the units that may be created to unit owners other than j J OCT-18-2001 THU 09;49 AM I"""J LAND USE ApPLICATION FAX NO, ^ ; 1 p, 03 PROJECT: Name; Maroon Creek Club Subdivision/PUD Amendment for mail shelte Location: Maroon Creek Club Planned Unit Develonment, Lot 15 (Indicate street address, lot & block number, leJl,al descrintion where annropriate) , ApPUCANT; Name: Maroon Creek Club Master Association Address: Phon,,#: B ke A. H man Ave. Ste 305 As en C 81611 (970) 925-8166 REPRESENTATIVE: Name: Brooke A. Peterson, Esq., Kaufman & Peterson, PC Address: Phone II: an Av . (970) 925-8166 TYPE OF ApPLICATION: (please eheek all that apply): 0 Conditional Use D Conceptual PU D D Conceptual Historic Dev!. 0 Special Review D Finall'UD (& PUD Amendment) D Final Historic Development 0 Design Review Appeal D Conceptual SPA D Minor llistoric Devt. 0 GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition 0 GMQS Excmption D Subdivision D I listoric Designation 0 ESA - 8040 Gt'ccnline, Stream D Subdivision Excmption (includes D Small Lodge Conversion/ Margin, Hallam I.aka Bluff, condominiumiziltion) Expansion Moun\ain View Piano 0 Lot Split D Temporary Use fjg Other:lnsubstantial 0 Lot Line Adjustment D Tcxt/Map Amendment PUD Amendment 1""'"'0 CON'"::':, Cd,::::::' :~::~::':::'; :: p~:o: :~:::::e:" m"' l y PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Construction of mail shelter with one or two lights attached. Have you attached the following? ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ~ Response to Attachment #2, Dimensional Requirements Form ~ Response to Attachment #3, Minimum Submission Contents ~ Response to Attachment #4, Specific Submission Contents ~ Response to Alt,lchment #5, Review Standards for Your Application FEES DUE: $ 680. 00 ,.r-", f""\ ;; 1t"364075 12/02/93 16:32 R<?c $195.00 8f:: 733 F'G 607 SIlvIa Davis, Pitkin Cntv Clerk, Doc $.00 ~ 3.8 Enforcement. The Association shall have the right and power to bring suit for legal or equitable relief for any lack of compliance with any provisions of this Declaration or rules promulgated by the Board or SARC. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time provided, such fines may be collected as an Assessment Lien. The failure of the Association to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. ~ ..- 3.9 Power of the Association. Each Owner agrees that the Association has all the powers granted it by the Colorado Nonprofit corporation Act and any amendments thereto or replacements thereof and the Act, including all of the powers described in Section 38-33.2-302 of the Act. Such powers shall include, without limitation, levying Assessments against Owners, imposing a lien on Lots for any unpaid or uncollected Assessments or penal ties, and foreclosing any. such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and regulations, the defending, prosecuting or intervention in litigation on behalf of all Members, the borrowing of monies for Association purposes and the right to pledge future income in order to secure such borrowings. The term "pledge of future income" shall include the right to impose a Special Assessment ~or repayment of such borrowings and to assign such Special Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise any other right, power or privilege given to it expressly by this Declaration, the Articles and By-laws, or by the Act, and every' other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. e 3.10 Association Records. The Association shall maintain financial records suf f icient to enable the Association to 9 - :3- ~ Recorded at Reception No. o'clock .M. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.c. 601 East Hyman Avenue Aspen, CO 81611 f'"1. -c- BARGAIN AND SALE DEED MAROON CREEK LIMITED LIABILITY COMPANY, a Colorado limited liability company, grantor herein, for TEN DOLLARS ($10.00) and other good and valuable considerations, in hand paid, hereby sells and conveys to MAROON CREEK CLUB MASTER ASSOCIATION, a Colorado nonprofit corporation, grantee herein, whose address is 10 Club Circle, Aspen, CO 81611 the following real property in the County of Pitkin, State of Colorado; to wit: Lots 14 and 15, Common Area Parcels H, J, K, L, M, N, P, Q, R, S and all Roads in Maroon Creek Club south of State Highway 82 all as shown and described on the Final Subdivision Plat & PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4. With respect to Roads or poltions thereof south of State Highway 82 heretofore dedicated to the public, this conveyance shall, except in the case of South Underpass Road, include any and all remainder interest of gral1tqr therein. Expressly excluded from this conveyance and reserved to grantor is any and all remainder interest of grantor in and to South Underpass Road. with all its appultenances. This deed is made and given subject to the terms, provisions and conditions of the Agreement Regarding Celtain Maroon Creek Club Roads and Common Area Parcels recorded September ---' 1999 as Reception No. of the Pitkin County Real Estate Records, which agreement is incorporated herein by reference. v SIGNED thiS.J:!i. day of September, 1999. > STATE OF COLORADO COUNTY OF t~N ) ) ss. ) Liability Company, 'Iity company ~ The foregoing Bargain and Sale Deed was acknowledged before me this 2- \ day of September, 1999 by James T. 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" r I I I I I I I I L @ ~ 5~ "'~ ~;t (. )~." ..,~. _d -'" p~.--- '" .... '" <:OoL~. I IO~'" II\,ZO,(',OON -. " I: ,: " ~! ",,! . i . ! HII i It~ ""'" ~, ~ = III lh -~ 1111 = I;il '" t 1111 Ih. , IIII hi' .,' f'" '" 1111 m '.fiil ,'~ ~"1Z:'1 ,....")I,IO.~N .,. ;/w 1-- 1// \ 1// ,- >-_ .f Ji ./ 'T;:/ .. ~'>i . .k,." - yj'-,.. L.,...-:~'r ..... :....~,,~ ,. -0.... ""-~ .~ \'-i . :..._~ I__...~ { j;;~f';'~ t,,... )~~.l"'" _...~ I >',<::2.../ '\ '" 1:r+,'" ; :..:U.,;q:.;; r ..., c ,;"-0-:, '! 2 ':::_,.._- : \t:',::~:... ..~ .~ ,<, '~e ..'i"\, ~"\ i ' !~ 1""\ , MEMORANDUM TO: Plans ~re routed to those departments checked-off below: ~.......... City Engineer o ........... Zoning Officer o ........... Housing 0........... Parks Department o ........... Aspen Fire Marshal 0........... City Water o ........... Aspen Consolidated Sanitation District 0........... Building Department o ........... Environmental Health 0........... Electric Department 0........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning TO: Engineering Department FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-nO.5104 Fax-920.5439 RE: Lot 15, Maroon Creek Club PUD Amendment (Parking Lot Parcel) Parcel ID #2735-113-09-015 DATE: September 28, 2001 COMMENTS: Please find attached an application for an insubstantial PUD Amendment to the Maroon Creek Club POO to allow for a trash and mail enclosure structure. Please return comments to my by 10/10/01. Please let me know if you think that the application needs to go to DRC. Thanks, James , 3 11' 01AM P~IN COUNTY GOVT. t""\ . RUG 17 ,,'~-_~v;" VCf; r' 15: 54 Rec S. 00 B~~ 721 /<" 245 511 vi a Devi 5, (3\k1 n Cnty Cl erk, Doc S. QO'.:...' P.2 RESOLUTION OF THE BOARn or COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL FOR MAROON CREEK CLUB (PREVIOUSLY PFISTER RANCH/GOLF) Resolution # 93-LY'7i RECITALS 1. Pearce Equities Group II Limited Liability Company, hereinafter "Applicant", has applied to Pitkin County to request Final Plat approval for the Maroon Creek club SUbdivision to be located on a parcel of land more specifically described in Exhibit "A"; and 2. The Applicant has received General Submission approval from the Board of County Commissioners (hereinafter "Board") by Resolution 90-87 and Detailed SUbmission approval by Resolutions 91-111 and 91-112. 3 . other Resolutions which are still in effect on the property include: o 89-104 Residential GMQS allocation o 89-113 Commercial GMQS allocation o 90-102 Residential GMQS allocation Residential GMQS allocation o 91-144 o 92-5 Commercial GMQS allocation o Resolutions 79-26 and 83-90 affecting the Grand ,Champions club If there are conflicts between these prior resolutions and the PUD/ subdi vision resolutions, this Final Plat approval shall take precedence. 4. The total property is approximately 369 acres, inclUding ~ SAUG"Ii'93-)i :0iAM Pf""""';N CQL.iNJY ..~On. BK 721 PG HV"", LJavlS, Pltk. I.::j;pty Cler'k, Doc $.00 246''''"'" \ f-'.3 .; Resolution #93-~Y' Page 2 approximately 70 acres under lease to the applicant. The project site is located north and west of Maroon Creek on both sides of Highway 82 and includes portions of the Buttermilk Ski area (Tiehack). The project is approved as a residential and golf course development to consist o~ the following: (a) Sincrle Familv - The development of forty three (43) residential single family lots with the fOllowing rloor area limitations: (1) - Lots 1, 2, 3, 5, 12, 16 and 41 through 45, shall be permitted a maximum of 10,000 square feet of floor area. c (2) Lots 4, 6 though 11, 19 though 31, 40, 46, 47 and 48 shall be permitted a maximum of 6,000 square feet of floor area. (3) Lots 32 though 39 shall be permitted a maximum of 5,500 square feet of floor area. (b) Multi- Family - The development of thirty seven (37) townhouses with a maximum aggregate floor area of 148,000 square feet, excluding underground garage floor area. No individual townhouse unit shall exceed 4,800 square feet. (c) Emnlovee Housinq - The development of thirty nine (39) multi-family rental PMH units inCluding 13 one- bedroom, 13 two-bedroom, and 13 three-bedroom units plus one single family "for sale" PMH parceL There are ten additional units available, which are not required to be constructed by the apPlicant, but may be assigned by the applicant to another party to construct. (d) Golf Course - The development of a ChampionShip is hole golf course, driVing range, practice green, a halfway house/snack bOar of no more than 1,200 square feet on the golf course, ans,ooo square foot golf cart storage and maintenance bUilding, 159 additional parking spaces at Grand Champions Club and 20,900 square feet additional commercial square footage to the Grand Champions Club. HUb J,( "~.J !:illvia 11; \:.,kJ--lI'j t-' ~~',i \....uU!i I i .l:>lJ'v I. . D ~'W~ heC 5,UO Bk 721 PG Clvis, P1~/n Cnty CIG!rk. Doc $.00 -. A. I I.... Resolution #93-~7' Page 3 , ! 4. (e) Lodaing - The addition of 12 lodge rooms at 580 square feet each (6960 square feet) to the Grand Champions Club. (f) Trails - The applicant has committed to dedicate a public fishing easement along Maroon Creek, a daytime nordic trail system on the golf course, a nordic trail connector between the City golf course and the Government Trail via the eXisting trail along' Maroon Creek to the extent they are within project boundaries, a year-round trail easement along Maroon Creek (ditch trail), access from the Tiehack parking lots to link to the Government Trail, a pedestrian underpass from the vicinity of the employee housing complex to serve as a trail link between the Owl Creek bike path and the AABC bike path at the time of Highway 82 four-laning, and a donation of 50% (with $300,000 as a Cap) of the cost of construction of a pedestrian bridge across Maroon Creek. The applicant has also agreed to keep public trails open during construction. The Final Plat application was considered at a public meeting before the Board on June 15, 1993 at Which time the Board has found the Applicant's request meets the requirements of the Land Use Code. NOW, THEREFORE, BE !T RESOLVED by the Board of County Commissioners of Pitkin County, COlorado that it hereby grants Final Plat approval for the Maroon Creek Club SUbdivision subject to the following conditions: 1. No further subdivision of the PUD shall be allowed except in connection with the condominiumization of any elements of the project, subject to Obtaining any required approvals pursuant to the Pitkin County Land Use Code. It is acknowledged that all GMQS allocations have been obtained for all elements of this project. 2. The Tiehack parking area shall have a minimum of 121 spaces and shall be open to the public for day-time use only. The Buttermilk Master Plan is hereby amended to allow the modifications approved for this project inclUding improvement AUG 17 '93 11:02AM P0N COUNTY GO'v'T. #~6J.-Yi-a lY.;\'y...,U ..,~. t1;:> I - u-)'ec $. O(l Bf( 721 F'G ~41!1 ~S. Fl j.in (,i)Y Cler-k, Doc $.00 ~- ], " " "\ ",:,;:;/ P.5 Resolution #93-LJ1r' Page 4 of ski facilities to include relocated lift alignments, relocated parking to include no less than 121 parking spaces and eliminate the restaurant at the base of Tiehack. No additional revisions to the Buttermilk Master Plan shall be allowed by the County without adequate review of lift capacity and the transit and parking needs of Buttermilk Mountain as a whole. 3. Caretaker units on single family parcels are subject to the requirements of Section 3-8.13 of the Land Use Code. 4. The fOllowing condition relates to the calculation of square footage for garages: a. Single family lots 4, 6 though 11, 19 though 40, 46, 47 and 48 may each obtain 500 square feet of floor area from the townhomes for the purpose of constructing garages, sUbj ect to trading the square footage from the townhomes. No exemptions for garage space under the Land Use Code are permitted for these lots. Single family lots 1, 2. 3, 5, 12, 16 and. 41 through 45 are limited to a maximum of 10,000 square feet which includes garage space. No trading of square footage from these lots with the townhomes is permitted. No exemptions for garage space under the Land Use Code are permitted for these lots. b. 5. In connection with the approval, the BOCC agrees and makes the following findings: a. The Applicant is leasing or acquiring 19~3,acres of the adjacent Pfeiffer Parcel. The remaliiifer'~ot the Pfeiffer parcel, other than 19.3 acres. is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Pitkin County Land Use Code. b. The ApPlicant is obtaining 245.4 acres of the 249.8 acre Pfister Parcel. The remaining 4.4 acre parcel is currently improved with one residential dwelling unit and may only be further developed upon compliance with Section 5-510 and all other applicable requirements of the Land Use Code. However, in accordance with BOCC ResOlution 89-61, the owner of either parcel (the 245.5 or the 4.4 acres) may utilize the square footage of the three residential dwelling units (a total of 5.015 square feet) currently located on the 250 acre application parcel to build not more than three residential dwelling RUG 17 '93 11:03RM prN COUNTY GOVT. 1"""\ . - -- "'" ...:>, n,5:54 ROle: $.00 BI< 721 F'G {1 Silvia Davis, Pi',;;;,dn C.,ty Cler-k, Doc $.00 P.6 Resolution #93-Le~ Page 5 units totalling 5,015 square feet, if the existing units are demolished. Such replacement is subject to compliance with applicable zoning, 1041 hazard review, and other requirement&! of the Land Use Code. The replacement credit of 5,015 square feet is an addition to any other residential density described or"approved in this resolution. 6. In the winter, the aerial lift, which may be constructed at Applicant's Choice on Lot 16, &!hall be available to the pUblic at no charge, and subject to safety and operational rUles of all appropriate regulatory agencies. If a lift is not constructed, alternative means of crossing Tiehack Road will be provided for nordic skiing and pedestrians. 7. All utilities shall be placed underground within driveways, major roadways and areas disturbed by regrading activities as illustrated on the approved pun grading plan. ' 8. For all buildings within the POD, bUilding height ~hall be measured pursuant to the Land Use Code prOvisions in effect at the time of issuance of a bUilding permit. Height of the structures will be measured from finished grade as approved on the PUD grading plan. g. Prior to signature of the Final Plat or issuance of an excavation permit for the project, the Applicant shall submit a financial security acceptable to the County Attorney and BOCC insuring the construction of the infrastructure and public improvements, and/or reclamation of the property, as identified in the Subdivision Improvements Agreement. 10. No dogs shall baallowElcFln the employee housing complex, and any dogs on the remaining portions or the project site shall be leashed or kenneled. All workers associated 'with construction of the project shall be prohibited to bring dogs to the site. 11. As part of the employee housing complex on the north ,side of Highway 82, and ir an agreement satisfactory to Applicant and the County can be consUlllIllated by September 1, 1993, the Applicant will construct up to seven (7) additional units; provided that the County shall, dUring the COurse of the design and construction, pay all costs (hard and soft) associated. with such additional units, together with all management and operation costs associated therewith. Three (3) additional units are reserved to be Used by Pfeiffer. 12. Prior to rscordation of the Final Plat, the applicant shall obtain a signed water agreement from the City of: Aspen, RUG 17 '93 1(:0:3AM'P{'''\-l COi!~frY'GcivT.: $,00 Bt< 721 ("'\-10 -...." uaY1S, """"".)lan Cnty CI kD ',',' U e,... oc: $. 00, j P.7 Resolution /93-LR'( Page 6 subject to review by the county Attorney. 13. No issuance of any residential building permits for the project shall be allowed until such time as an adequate water supply is in place. 14. Construction is permitted from 7: 00 am to 7: 00 pm Monday through Saturday. Sunday or longer hours may be approved at the discretion of the Planning Director. 15. All easements and agreements shall be recorded concurrently with recording of the Final Plat documents. 16. All material representations made by the applicant in the application and public meetings Shall be adhered to and considered' conditions of approval, unless amended by other conditions. APPROVED AND ADOPTED ON THE 15TH DAY OF JUNE 1993. BOARD 07 COUNTY COMMISSIONERS 0. .r~ORADO BYI B T 1te, Chairman Datel e - t;-?.J, ATTEf'l'1 I ! lQr~ and Recorder J, D APPROVED AS TO FORM: APPROVED AS TO CONTENT: reso.bocc.fp.marOQCrkclub , 11= 04RM P!'""N couNTY' GOvY: k...c: ill; 66 Bfe 0'-'5 RUG 17 93_...... LJa .{:~:l Pitkin Cnty Clerk, Doc: $;;~6 NORTH PARCEL ~'. h Parcel of Land situated in Sections 2, 3 and II, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being more f: ',y described as follows: P.8 251 3EGINNING at the intersection of the Northeasterrly Right-of-way line of :olorado State Highway No. 82 whence the 1/4 Corner common to said 3aid Sections 2 and 3 bears N 59'19'12" E 777.77 feet; ~hence generally along fence lines South of Stage Road the fOllowing :ourses and distances: 60'13'00" E 308.40 feet; 64'30'00" E 37.66 feet; 42'12'16" E 2.57 feet; 64'30'00" E 328.51 feet; 62'00'00. E 70.17 feet; 58'08'00. E 86.98 feet; 55'44'00. E 75.14 feet; 64'10'00" E 79.10 feet; 73'03'00" E 50.29 feet; 78'44'00" E 203.36 feet; . 75'47'00. E 94.37 feet; 69'14'00. E 39.52 feet; 59'14'00" E 131,07 feet; 48'35'00" E 15.27 feet; 10'26'00" E 26.19 feet; 87'11'08" E 67.69 feet; 87'48'18" E 142.90 feet; /,,-'38'24" E 105.68 feet; \. '09'03" E 109.76 feet; 88'52'09. E 189.99 feet; 87'51'40. E 136.14 feet; 88'06'39" E 144.94 feet; 88'18'02. E 156,94 feet; 88'09'17. E 228.21 feet; ~8nce departing said fenceline S 07'16'09" W 762.37 feet; lence S 36'21'42" E 725.00 feet; lence S 00'58'04" W 967,68 feet to a point on the Northerly Right-Oi-Way line : said Colorado State Highway No. 82 and continuing along said Right-Of-Way 18 following courses and distances; 60'48'00" W 746.61 feet; ;41.94 feet along the arc of a curve to the right having a radius of 5680.00 Jet; 34'09'00" '3.17 feet let to the W 124.60 feet; along the arc of a curve to the right paint of beginning, containing 83.795 having a radius of 2242.00 Acres, more or less. RUG 17 '93 . 4AM P"""'IN COUN I Y GUY I . f"'\ 11.;J ....:>, ....',,;. lIS/1,3/93 15: ~4 Ree $., ,"', 721 PG Si 1 Vi\JS'Davi s . Pitkin Cnty Cl erk ,.Joe $.00 f-'.';l SqUTH PARCEL 2:52 A Parcel of Land situated in Sections 2, 10, 11 and 14, Township 10 South, Range 85 West of the 6th P.M., pitkin County, COlorado, being rr ~ fully described as follows: BEGINNING at the Southwest corner of said Section 11; thence N 00' 33'02" W 2683.01 feet along the West line of said Section 11 to the West 1/4 corner of said Section 11; thence N 00'32'10" W 1672.45 feet along the west line of. said Section 11; thence S 89'58'10" W 6.05 feet; :hence N 27'47'03" E 58.89 feet; :hence N 47'00'40. W 49.01 feet; :hence N 17'53'07" W 81.02 feet; ;hence N 44'12'11" E 73.99 feet; :hence N 29'55'54" W 124.00 feet; :hence N 54'14'02" W 47.08 feet; :hence N 33'04'19" W 2.32 feet; :hence N 46'05'43" E 483.91 feet; :hence N 01'37'15" E 661.88 feet; :hence N 37'02'00" E 249.40 feet to a point on the Southerly Right-Of- :ay line of Colorado State Highway No. 82; ;hence following said right-of-way line 1289.18 feet along the arc of a :urve to the left, having a radius of 5790.00 feet, the chord of which :urve bears S 51'33'17" E 1286.51 feet; hence following said right-of-way N 32'04'00" E 10.00 feet; hence fOllowing said right-of-way 289.19 feet along the arc of a curve o the left having a radius of 5780.00 feet, the chord of which curve e--,S S 59'22'00" E 289.16 feet; rL .'ce following said right-af-way S 60'48'00" E 882.76 feet; hence S 18'09'00" W 176.89 feet; hence N 60'43'00" W 311.07 feet; hence S 29'17'00" W 72.28 feet; hence S 60'43'00" E 60.57 feet; hence S 29'17'00" W 86.80 feet; ~ence S 89'35'00" E 304.56 feet; hence South 1412.20 feet; :lence N 87'00'00" E 256;6'9 hence S 00'07'55" E 288.61 lence N 89'31'44" W 297.34 hence S 08'17'26" W 380.64 hence S 43'46'26" W 253.29 lance S 02'14'04" W 496.46 lance S 41'16'20" W 310.89 lence S 14'00'40" W 536.21 lence S 02'16'09" E 422.00 lence S 33'01'14" W 281.07 lence S 00'14'51" E 201,82 ~ction 11; lence N 89'48'20. W 294.43 feet along said South line; lence S 01'09'00" E 1321.99 feet; ience N 89'44'56" W 1297.75 feet; ence N 02'01'16" W 1321.33 feet to the point of beginning, containing 9 '03 Acres, more or lass. Ieat; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet to a point on the South line of said RUG 17 '93 _U_:\'l~8t1 Enl;.l~,CO,U1;!T'y,,~?YT.:.nt.y Clerk, Do0co ___ ;XqEPTING from the above JJjCribed' Parcels the folJ,owing desc,ribed P.w A tr~ct of land situated in Sections 10 and 11 of said Township and Range, being more fully described as follows: Jeginning at a point on the West line of said Section 11 Whence the West 1/4 Corner of said Section 11 hears S 00'32'10. E 1672.45 feet; thence S 89'58'10. W 6.05 feet; thence N 27'47'03" E 58.09 feet; thence N 47'00'40. W 49.01 feet; thence N 17'53'07" W 81.02 feet; thence N 44'21'11" E 73.99 feet; thence N 29'55'54" W 124.00 feet; thence N 54'14'02" W 47.08 feet; thence N 33'04'18" W 2.32 feet; thence N 46'05'43" E 537.75 feet; thence S 37'45'00" E 734.52 feet; thence S 20'30'16" E 40.00 feet; thence S 70'54'16" W 227.93 feet; thence N 45'58'00" W 339.24 feet; thence S 55'53'00" W S4~70 feet; thence S 26'04'00" W 267.30 feet; thence S 89'58'10' W 116.23 feet to the point of beginning. A tract of land situated in Section 11 of said Township and Range being more fUlly described as follows: Beginning at a point whence the Northwest Corner of said Section 11 bears N 23'58'27" W 3064.58 feet; ,'~ence S 77'27'55" E 180.00 feet; I ~ence N 12'32'05" E 190.00 feet; thence S 77'27'55" E 335.00 feet; thence S 25'57'30" E 187.83 feet; thence East 120.00 feet; thence South 345.00 feet; thence West 235.00 feet; thence N 09'59'48" W 220,58 feet; thence N 77'27'55" W 260.00 feet; thence S 12'32'05" W 135.00 feet; thence N 77'27'55" W 250.00 feet; thence N 12'32'05" E 250.00 feet to the point of beginning. A tract of land situated in Section 11 of said Township and Range being more fully described as follows: Beginning at a point whence the West 1/4 Corner of said Section 11 bears N 62'42'34" W 1781.80 feet; thence N 55'19'02" E 27.00 feet; thence S 03'13'00" W 282.23 feet; thence S 23'17'54" W 318,82 feet; thence West 7.00 feet; thence N 03'38'00. W 28.00 feet; thence 96.53 feet along the arc of a curve to the left having a radius of 65.00 feet, the chord of which bears N 46'10'37" W 67.90 feet; i.~ence 46.89 feet along the arc of a non-tangent curve to the right havinq \,< radius of 170,00 feet, the chord of whicli bears N 05'50'02" E 46.74 feet; thence N 13'44'05" E 44.28 feet; Tracts: 1""'\ .., '--. - " '-".' n..:.... no .!::.4 f-'.11 AlJG 17 '93 n:~flt1.PJ. /~~~UJ;l;Y ~P~hn Cnl:y Clsr-k, ,"~ $.00 thence 140.30 feet al~~ the arc of a curve ~oth~~left having a radius of ' '245'.00 feet, the chord of which bears !{ 02'40'13" t-l 138.39 feet; thence N 19'04'31" t-l 102.12 feet; thence 54.33 feet along the arc of a curVe to the right having a radius of ~40.00 feet, the chord of which bears N 12'35'23" W 54.22 feet; _hence N 06'06'14" W 116.31 feet; . . thence S 84'41'01" E 241.71 feet to the point of beginning. AUG 17 '93 11:0SAM Pf"'N COUNTY GOVT. ~ j;~ $ 00 SK 721 ". ,.,2SS #J60Q02D08( 1~j,.'J3i t1k5i~5tn~eyc CIClrk, Doc $. o~, Silvla aV1S, P P.12 " FRIEDL PFEIFER LEGAL A parcel of land situated in Sections 2 and 1, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, COlorado, being more fully described as follows: Beginning at a point on the southerly right-of-way line of Colorado State Highway No. 82 whence the Southwest corner of said Section 2 bears S 76"44'00' W 832.92 feet; thence S 46~05'43. W 751.70 feet; thence N 01'37'15" E 661.68 feet; thence N 37.02'00. E249.40 feet to a point on the Southerly right-of- way line of said Highwar No. 82l thence following said r ght-of-way line 504.23 feet along the arc of a curve to the left having a radius of 5,790.00 feet, the chord of which curve bears S 47.40'16" E 504.06 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. (, RUG 17 '93 11:06AM p~~~ COUNTY GOVT.. 54 R6!t: $. 00 ~i''''\ F'G Z56 Silvia oc}s, Pitkin Cnty Clerk, Dc',"~~j.OO 1-'.13 FRIEDL PFEIFER ASPEN REAL ESTATE IRREVOCABLE TRUST NO. 1 LEGAL A tract of land situate in Lot 2 of Section 2, Lot 5 of Section 11 and Lot 1 of Section 10, Township 10 South, Range 8S West of the 6th P.M., Pitkin County, Colorado, being more fUlly described as follows: Beginning at a point on the Southeasterly line of a parcel of land described in Book 338 at Page 684 of the records of the Clerk and Recorder of Pitkin County, COlorado, whence the Northwest corner of said Section 11 bears N 06'46'03" E 669,76 feet; thence N 46'05'43" E 1246.03 feet along said Southerly line to the Southwesterly right-ai-way line of Colorado State Highway No, 82; thence 501.56 feet along the arc of a 5780,00 foot radius curve to the left having a central angle of 04'58'19" and subtendinq a chord bearing S 52'40'54" E 501.40 feet along said Southwesterly right-of-way line to a point on the East line of Lot 5 of said Section 11; thence S 00'46'18" E 912.80 feet along said East line of Lot 5 to the Southeast corner of Lot 5; thence N 90'00'00" W 1225.63 feet along the South line of said Lot 5 and Lot 1 to the Southeast corner of a tract of Land described in Book 264 at Page 997 of the records of the Clerk and Recorder of Pitkin County, Colorado; thence along the East boundary of said tract described in Book 264 at Page 997 the following seven (7) courses: 1) thence N 27'47'03" E 58.89 feet; 2) thence N'47'OO'40" W 49.01 feet; 3) thence N 17'53'07" W 81.02 ieet; 4) thence N 44'12'11" E 73.99 feet; 5) thence N 29'55'54" W 124.00 feet; 6) thence N 54'14'02" W 47.00 feet; 7) thence N 33'04'16" W 2.32 feet to the' point of beginning. EXCEPTING THEREFROM: A tract of land situated in Sections 10 and 11, Township 10 South, Range 85 West of the 6th P.M., being more fully described as follows: Beginning at a point on the West line of said Section 11 whence the West 1/4 corner of said Section 11 bears S 00'32'10" E 1672.45 feet; thence S 89 '56'10" W 6.05 feet; thence N 27'47'03" E 58.89 feet; thence N 47'00'40" W 49.01 feet; thence N 17'53'07" W 61.02 feet; thence N 44'21'11" E 73.99 feet; thence N 29'55'54" W 124.00 feet; AlJG 17 '93 11=06AM PI~'!.. COUNTY, GOVl. ,~ #~60002 oe/13/~115154 Rae ..OOSK 721 PG ~~ . . S11vi. D.vis, Pl~kin Cn~y Cle~k, Doc $.00 ....14 thence N 54'14'02" W 47.08 feet1 thence N 33'04'18" W 2.32 feet; thence N 46'05'43" E 537.75 feet; thence S 37'45'00' E 734.52 feet; thence S 20'30'16" E 40.00 feet; thence S 70'54'16" W 227.93 feet; thence N 45'58'00' W 339.24 feet; thence S 55'53'00' W 54.70 feet; thence S 26'04'00' W 267.30 feet; thence S 89'58'10' W 116.23 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO, r-'\ Recorded at #363236 11/ 12/93 16: 10 Rec $170.00 Bf( 730 F'G 606 Silvia Davis, Pitkin CAt", Clerk, Doc $.00 Reception Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (formerly Pfister Ranch/GoIt) 1""\ n F'G{o7 $170.00 BK 730 ~~6~?36 11/12/93 16:10 Rec '~, Doe $.('0 ..~ '-- . ' C t Cl",rK, ' Silvia Davis, F'ltkln nY' INDEX TO SUBDMSION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB 1. Recitals .......... . . ..... .... .. .,. ............. ... . . -2- 2. Description of Project ................................... -2- 3. Project Construction .................................... -5- 4. Floor Area Compliance Procedures ........................... -6- 5. Civil Engineering Drawings. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. -7- 6. Public Access and Trail Improvements ......................... -7- 7. Underpasses and Roads ...,............................. -10- 8. Maroon Creek Pedestrian Bridge. . . . . . . . . . . . . . . . . . . . . . . . . . ., -11- 9. Van Service ........................................ -12- 10. RFTA Bus Stops ..................................... -12- 11. Grading and Landscaping ............................... . -13- 12. Utilities...................,....................... -13- 13. Water Quality .. . . . . , . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . ., -14- 14. As-Built Survey . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. -14- 15. Financial Assurances , . . . , . . . . , . . . . . . . , . . . . . . . . . . . . . . . ., -14- 16, Certificates of Occupancy . ' , . . . . . . . . . . . ' . . , . . . . . . . . . . . . .. -16- 17. Improvement Maintenance Agreement .,...,........,......... -16- 18. Remedies of County .........,..,.,.,.................. -16- 19. Notices...,........".,.............,...,......... -17- 20. Vested Rights ,....,.....,.,..,.,.....,.............. -18- 21. General Provisions ........,...,....................... -18- "'*- 1""'\ .f1 ,.,:I #363236 11/12/93 16:10 Rec$170.00 BK 730 PG 608 S.lv.a Dav.s, Pitkin CntyCl~~kj Doc $.00 SUBDMSION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This Agreement is made and entered into this L day of 5" ~p r- ,1993, by and between the COUNTY OF PITKIN, COLORADO (hereinafter referred to as "County"), and PEARCE EQUITIES GROUP II LIMITED UABILITY COMPANY, a Utah limited liability company (hereinafter referred to as "Pearce"). RECITALS A. Pearce, as successor in interest to Maroon Creek Development Corp., owns or is the lessee of certain real property (the "Property") which has received approval from the Board of County Commissioners of Pitkin County, Colorado ("BOCC") of the Pfister Ranch Golf/PUD for the development of single family homesites, townhomes to be condominiumized, a championship golf course, commercial square footage, lodge units adjacent to the existing Grand Champions Club, and employee dwelling units (hereinafter the "Project") as shown on the PUD Plan for the Project captioned "Pfister Ranch/Golf Detailed Submission" (the "PUD Plan"), recorded in Book 657 at Page 327 of the real estate records of Pitkin County, Colorado, and amendments thereto recorded in Book 657 at Page 3 87 of the real estate records of Pitkin County, Colorado. B. The approval of the Project is evidenced by certain resolutions (the "Resolutions") consisting of: (i) Pitkin County Resolution No. 90-87 captioned "Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of General Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development and Rezoning for the Pfister Ranch/Golf Application" recorded in Book 629 at Page 471 of the real estate records of Pitkin County, Colorado; (ii) Pitkin County Resolution 91-111 captioned "Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of Detailed--Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General and Detailed Submission to the 'Grand Amendment' Portion of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch/Golf Application" recorded in Book 657 at Page 306 of the real estate records of Pitkin County, Colorado, (iii) Pitkin County Resolution No, 91-112 granting certain amendments to the Detailed Submission approval recorded in Book 657 at Page 384 of the real estate records of Pitkin County, Colorado, (iv) Resolution No. 92-226, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting an Extension for the Maroon Creek Development Corporation to Submit the Final Plat for the Pfister Ranch/Golf Project, ,I Recorded July 30, 1992 in Book 684 at Page 881 and (v) Pitkin County Resolution No.~3-lol granting Final Plat approval recorded in Bookm at Page 21S of the real estate records of Pitkin County, Colorado. C. Subsequent to obtaining approval of the Detailed Submission and amendments the name of the Project was changed from "Pfister Ranch/Golf" to "Maroon Creek Club". All "'''''' .- #3632 ,11/12/93 lb:l() Rec $170.f'~Bf( 730 PG ~~~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 references to "Pfister Ranch/Golf" or the "Project" shall mean and refer to "Maroon Creek Club". D. The approval of the Project is also evidenced by the Final Plat captioned Final Subdivision Plat and PUD for Maroon Creek Club (the "Final Plat") recorded in Plat Book 33. at Page ~ of the real estate records of Pitkin County, Colorado. - E. In granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions 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 Resolutions, which conditions and requirements the County deems necessary to protect, promote and enhance the public health, safety and welfare. F. 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 Pearce or Pearce's successors and assigns. Pearce is willing to enter into this Agreement and provide such assurances to the County. WITNESSETH NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows: 1. Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this Agreement. Each of the County and Pearce agree that said recitals are true and correct. In the event of any conflict or inconsistency between the terms, provisions or conditions of the General Submission approval, Detailed Submission approval, amendments thereto, PUD Plan;--amendmcntsthereto or Final Plat the latest of said approvals, plats or amendments thereto shall govern and control. 2. Description of Proiect. The Amended Detailed Submission approval includes the following elements; (a) Residential (Overall density of eighty (80) free-market units and thirty-nine (39) multi-family employee housing rental units plus one (1) single family employee sale unit. ) (i) Single Family - forty-three (43) single family free-market lots to be developed as follows: A, Eleven (11) lots each allowing up to ten thousand (10,000) square feet of floor area per lot. The specific lots approved for ten -2- '>, r", 1""'\ ',).,/.,' ,;:.',:~i::>,;",;,;::.>:'<:;,<;/'.;",;::;;:;;;,:.:;;:,,;:,:, , ~,\; " "; , ,.....< "< .. #36,.J236 11/12/93 16: 10 Rec $1,',..;00 Bf( 730 PG 610 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 thousand (10,000) square feet of floor area each consist of Lots 1, 2, 3, 5, 12, 16 and 41 through 45. B. Twenty-four (24) lots each allowing up to six thousand . (6,000) square feet of floor area per lot. The specific lots approved for six thousand (6,000) square feet of floor area each consist of Lots 4, 6 through 11, 19 through 31,40,46,47 and 48. As more fully set forth in Paragraph 2(a)(i)D below, Pearce has the right to increase the maximum floor area square footage of anyone or more or all of these lots to six thousand five hundred (6,500) square feet of floor area. C. Eight (8) lots each allowing up to five thousand five hundred (5,500) square feet of floor area per lot. The specific lots approved for five thousand five hundred (5,500) square feet of floor area each consist of lots 32 through 39. As more fully set forth in the Paragraph 2(a)(i)D below, Pearce has the right to increase the maximum floor area square footage of anyone or more or all of said lots to six thousand (6,000) square feet of floor area. .. ,- '-',~.~-"-"" ~""""""-, D. Pearce shall have the right to add up to five hundred (500) square feet of floor area to anyone or more or all of the lots approved for either five thousand five hundred (5,500) or six thousand (6,000) square feet of floor area (Lots 4, 6 through 11, 19 through 39, 40, 46, 47 and 48). The additional square footage shall be obtained by utilizing up to sixteen thousand (16,000) square feet of the one hundred forty eight thousand (148,000) square feet approved for the townhouse structures. To the extent such square footage is utilized, there shall be a corresponding reduction in the total square footage allowed for the townhouse structures. No one single family lot shall utilize more than five hundred (500) square feet for a garage of the sixteen thousand (16,000)t0taj...squ&re feet. Larger garages may be constructed utilizing any of the floor area square footage otherwise allocated to that particular lot. Lots 4,6-11, 19-31,32- 39, 40 and 46-48 shall contain attached garages only. Detached or attached garages may be constructed on all single family lots in the Project other than those specified in the preceding sentence. E. Each of the forty-three (43) single family lots to be developed shall be eligible for an employee caretaker units subject to review and approval pursuant to Section 3-8.13 of the Code. F. The County agrees that none of the square footages allowed for improvements on any of the forty-three (43) approved single family lots will be increased without the written consent of Pearce (or a successor designated by Pearce for such purposes) having been first obtained. The -3- """ r"i n ",";' "' 9:'\ 16' tORec $170.00 BK 730 PG 611 ~1~~~:.6 D~:/;. ~~/ F:-i fu"nC;{fIjCferk , 'Doc $.00 purpose of this restriction is to assure that after individual lots are sold by Pearce, none of the subsequent owners will be permitted to obtain approval for larger homes where such approval would in the discretion of Pearce be contrary to the overall development plan for the Project. At any time on or prior to the sale of an approved single family lot Pearce shall have the right to record (in the deed of conveyance or by separate instrument) a statement as to the maximum allowed square footage taking in account the provisions of Paragraphs 2 (a) (i) A. through F. above. (ii) Multi-Family - thirty-seven (37) free market townhomes with a maximum aggregate floor area of one hundred forty-eight thousand (148,000) square feet, excluding underground garage floor area. No individual multi-family unit shall exceed four thousand eight hundred (4,800) square feet. Floor area calculations for these units shall not include sub-surface parking. All parking for these units shall be underground. Because of the exemption of underground parking from floor area computations, the multi-family units shall not be entitled to the seven hundred fifty (750) square feet exemption for on-grade parking structures. (iii) Employee Housing - on the north side of Highway 82, a complex consisting of thirty-nine (39) multi-family rental units, including thirteen (13) one (1) bedroom units, thirteen (13) two (2) bedroom units and thirteen (13) three (3) bedroom units (the "Employee Housing Complex") and on the south side of Highway 82, one "for sale" replacement for the Mathis unit. (b) Commercial (i) Addition of thirty thousand one hundred (30,100) square feet to the existing Grand Champions Club, including full service golf clubhouse, cart storage, maintenance facility and snack bar/halfway house. This addition of thirty thousand one hundred (30,100) square feet includes six thousand (6,000) square feet of replacement from the Tiehack ski area (Romeo's restaurant) and nine thousand two hundred (9,200) square feet of replacement from the Aspen Country Inn. Of the additional thirty thousand one hundred (30,100) square feet, eight thousand (8,000) square feet shall be allocated to cart storage and maintenance facilities and up to one thousand two hundred (1,200) square feet shall be allocated to the snack bar/halfway house. (ii) Championship eighteen (18) hole golf course. (iii) Addition of one hundred fifty nine (159) parking spaces at Grand Champions Club. (c) Lodging -4- f'1 (j w~o~_JO 11/1-~/93 1"6' '1- .. . ; - . C) Rec; $170.00 Bf:: 730 Silvia Davis, Pitkin Cnty Clerk, Doc; $.00 PG 612 (i) Twelve (12) lodge rooms of five hundred eighty (580) square feet each for a total of six thousand nine hundred sixty (6,960) square feet adjacent or attached to the Grand Champions Club. 3. Proiect Construction. (a) The Project and the improvements provided for in this Agreement will be constructed in phases. Pearce anticipates that the phases of the Project will be constructed generally in accordance with the schedule (the "Phasing Schedule") attached hereto as Exhibit "A" which contemplates a buildout of the Project, other than single family lots, no later than the year 2004. This Phasing Schedule replaces the schedule approved by the BOCC as part of Resolution No. 91-112. The Phasing Schedule does not apply to the development of homes on the approved forty-three (43) lots which development may take place at any time and shall not be subject to the buildout requirements of the Phasing Schedule. Substantial amendments to the Phasing Schedule set forth on Exhibit "A" shall be approved by the BOCC; however, insubstantial amendments shall be approved by the Director of the Pitkin County Planning Office, (the "Planning Director"). Where Pearce is unable to adhere to the Phasing Schedule or any amendments thereto that may be approved, such non-adherence shall not result in any loss or abandonment of any Project approvals, including Growth Management Quota System allocations or replacements. In the event of such non-adherence, Pearce shall be required to obtain approval of an amendment to the Phasing Schedule from either the BOCC or Planning I?irector, as appropriate, under the circumstances. (b) The Resolutions provide that no excavation or demolition (including demolition of the Aspen Country Inn and Park Meadows) or other types of building permits will be issued until the Tiehack underpass/entrance construction schedule is approved by the State of Colorado Highway Department. This requirement has been satisfied by the issuance by the State of Colorado, Department of Transportation of Pemlit No. 390090. -----'-' (c) If, in the opinion of State Highway Department or the County Sheriff's Department, construction activity will result in any unsafe traffic conditions on Highway 82, Pearce will implement appropriate traffic control measures such as signs, flagmen or the like to mitigate such conditions. (d) Both asbestos removal, if any is required, and any demolition will be accomplished pursuant to valid permits and will comply with the Colorado State Emissions Standards for Asbestos. (e) There shall be a limit of two gas log fireplaces per building for each single family home and townhome building. Pearce shall be entitled to appeal to the Clean Air Board to approve a plan for the single family and/or townhome elements of the Project which creates less air quality impacts. In addition, individual owners of single family -5- r-. , , #363236 11/1?/93 16 I" 5'1' , -', : CJ Rec $170.00 BK 730 F'G .'~ 1 Vla Davls, PItkin Cnty Clerk, Doc $.00 ~w homes and/or townhomes shan be entitled to appeal to the Clean Air Board for additional fireplaces if such owner can provide a plan which creates less air quality impacts. (f) Pearce shall contact the Environmental Health Department should mineral waste, waste rock or mine dumps be encountered during the excavation phase of the Project. Disposal of such materials off-site is discouraged due to the possibility of the excessive heavy metals being present in the soil. TIlls is particularly pertinent to fIll material on the site which has been transported from the Little Nell Ski slope. (g) Pearce shan plan construction activities and areas in a manner that will cause as little disruption as possible to the State Highway 82 traffic. (h) The historic portion of the barn on the south side of the Project shan not be demolished. The barn may be moved intact or disassembled and moved to another location on or off the Project. (i) Pearce shan comply with the 404 approval for wetlands disturbance from the Army Corp of Engineers as outlined in the Army Corp letter with conditions dated March 19, 1991 and attached to Resolution No. 91-111 as Exhibit "E". G) For an buildings within the Project, building heights shall be measured pursuant to Code provisions in effect at the time of issuance of Building Permit with the exception noted in Exhibit "C", the Bulk and Area Chart, Note #2 to Resolution No. 91- 111. (k) Prior to issuance of a building permit for any underground parking structure, involving underground parking or maintenance areas, a registered ventilation engineer shan approve the design to insure that harmful levels of pollutants are not generated inside or vented outside of the structure. ,.'--'--....,,",,_"_'"',-.c""......-=' (I) Pearce shall submit a fugitive dust plan to be approved by the Environmental Health Department prior to issuance of an excavation or building permit for an portions of the Project. (m) An new residential buildings shan incorporate the following water conversion devices in their designs: toilets (tank-type flusho-meter) per flush - 1.5 gallons; urinals per flush 1.0 gallons; low flow shower heads. 4, Floor Area Compliance Procedures. (a) Each time a Building Permit application is filed for any of the townhomes or single family homes, Pearce shall obta'in from a licensed architect and cause to be delivered to the Planning Director a certification as to the individual square footage floor area for such townhomes or single family homes to be constructed and the aggregate -6- r", Il #363236 11/12/93 16, 10 Rec $170.00 BK 730 PG M.4 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 square footage floor area of all townhomes or single family homes that have obtained building permits to date. Each time Pearce shall request a Certificate of Occupancy for any of the townhomes or single family homes, Pearce shall also provide to the Planning Director, a certification signed by a licensed architect as to the individual square footage floor area, as built, for each townhome or single family home for which a Certificate of Occupancy is to be obtained and the aggregate floor area square footage, as built, for all townhomes or single family homes, as the case may be, that have previously obtained Certificates of Occupancy. Square footage floor area computations made in connection with the issuance of a Building Permit or Certificate of Occupancy, when obtained, for any townhouse or single family home shall be the square footage relied upon in each subsequent computation made hereunder. (b) In addition to providing the certifications described in Paragraph 4( a) above, each time a Building Permit application is filed for a single family lot utilizing any of the townhouse floor area square footage, the Architect's certification shall also include: (i) the townhouse floor area square footage being utilized for that particular homesite, (ii) all townhouse square footage utilized to date for single family homesites, and (iii) the aggregate townhouse square footage remaining, taking into account all square footage utilized on single family homesites to date. (c) Should any of the certifications required in Paragraphs 4(a) or 4(b) above indicate that any single family homes or townhomes, individually or in the aggregate, exceed the allowable floor area square footages set forth in Paragraphs 2(a)(i) A through D of this Agreement, the County may withhold issuance of the Building Permit or Certificate of Occupancy, as the case may be, for such single family home or townhome that exceeds the allowable floor area square footage until the allowable square footage for such structures has been resolved. (d) Floor area for the townhomes and single family homes shall be calculated by the method specified in the €ode in effect at the time of building permit issuance for each lot. Floor area calculations for the. townhomes shall not include underground parking. No floor area calculations will result in any reduction in the approved square footages for the Project. 5. Civil Engineering Drawings. Pearce has submitted and the County (acting through the Aspen/Pitkin County Engineering Department) has approved the civil engineering drawings for the Project infrastructur~14oned "Maroon Creek Club Final Plat Submission Civil Engineering Drawings: dated , 1993 prepaid by Schmeuser, Gordon, Meyer, Inc, (the "Civil Drawings"). Pearce sha construct the Project infrastructure in accordance with the Civil Drawings and any amendments thereto that may be approved. 6. Public Access and Trail Improvements. (a) The public shall be allowed year-round daytime use of the new Tiehack -7- ( ,~ ."., ~""'-"-""''"'-'>'-,-~'~ /""", I) 1*363236 11/12/93 16:10R~e $17(i.OO BK 730 F'G 615 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Base Area parking lots subject to the restrictions set forth in the Resolutions. The new Tiehack parking lots shall accommodate not less than one hundred twenty-one (121) parking spaces. Pearce shall be permitted to request the BOCC to review this parking requirement based on changed circumstances. If the Maroon Creek Pedestrian Bridge described in Paragraph 8 below is actually constructed, this would be considered a changed circumstance for purposes of allowing review of the parking requirement by the BOCC. (b) Pearce shall construct three nordic trails. The fIrst will be via the existing trail along that part of the west side of Maroon Creek included within the Property. This nordic trail will extend from a point on the east boundary of the Property towards the Aspen Nordic Center at the City golf course and then southerly to the new Tiehack base parking area. The second nordic trail will be at the south end of the Property along the base of the Buttermilk Ski Area to provide a connection to Government Trail and Owl Creek Trail. The third trail will be the relocated Aspen Airport Business Center ("AABC") trail on the south side of Highway 82. Pearce shall only be responsible for the construction of the trails shown on the Final Plat which are located on the Property. The parties recognize that Pearce is not the owner of all lands required to make the connection to Government Trail nor shall Pearce be required to obtain such other lands. Overpasses, underpasses or other on-grade solutions at the base of the Tiehack portion of Buttermilk Ski Area shall be provided by Pearce for nordic skiers to cross roads. In the winter, the nordic trails described herein and in Paragraph 6( d) below, shall be set, groomed and maintained by the County or AspenlSnowmass Nordic Council, Inc. (the "Nordic Council") or some other appropriate non-profIt entity that is subject to control by the County. None of the setting, grooming or maintenance of nordic trails shall be the responsibility of Pearce. Further, in the event of any usage of the Stage Road/Tiehack Road Underpass as a nordic trail, Pearce shall not be responsible for providing adequate snow covering. (c) The connection to Government Trail through Lot 49 may berel{)cated..h,y the dedication of a new trail suirable for both summer and winter use or two trails, one being the trail shown on the Final Plat as it fronts Lots 17 and 32 through 40, being for winter, nordic use only and a relocated (or additional) trail being for summer use only. (d) Provided that the agreement of the United States Forest Service or other parties, if any, as may then be in ownership of necessary lands is obtained, Pearce shall have the following rights to relocate Government Trail or connections to Government Trail. (i) Government Trail as it crosses Lots 3, 4 and 5 may be relocated within said lots along a new trail labeled "Reserved for Relocated Portion of Government Trail" as shown on the Final Plat. (ii) Government Trail as relocated to the new trail labeled "Reserved -8- tf"'"'". ~ $110.60 BK730 PG616 M363236 11/12/93 16:10 Rec 'D Pit~1n Cnty Clerk, Doc $.00 Silvla aV1S, . /' for Relocated Portion of Government Trail" may be further relocated easterly of the Project to connect with the dedicated trail on Common Parcel Q which shall serve as a connection to Government Trail. At the time of this further relocation, Government Trail as it,crosses Lots 3, 4 and 5 and Common Parcel R shall be vacated. (iii) The relocations described in 6( d)(i) and 6( d) above are approximate locations and may be adjusted to accommodate [mal alignments as agreed to by Pearce, the United States Forest Service and other necessary ownerships. (e) During the winter only, the golf course on both the north and south sides of Highway 82 will be made available for cross-country skiing. Actual trail locations may vary from year to year depending on snow conditions. Setting of trails shall avoid greens, tees and other man-made obstacles or features of the golf course. Access to the trails shall be via designated points from public roads. Each winter the specific location of the nordic trails on the golf course and access thereto shall be subject to the approval of Pearce. (f) The existing bike path along the north side of Highway 82, sometimes referred to as the AABC trail, will be relocated to accommodate development of the Project and as relocated will remain on the north side of Highway 82. The County reserves the right to require Pearce to relocate a' portion of the bike path south of State Highway 82 east of the Stage Road/Tiehack Road Underpass which relocation shall be constructed over Golf Course Parcel B in the area shown on the Final Plat as "Reserved for Future AABC Bike Path and Trail". (g) At such time as the County is able to secure necessary bike easements along the south side of Highway 82 from the west boundary of the Property to the existing Owl Creek Road, Pearce shall from the Stage Road/Tiehack Road Underpass to the west boundary of the Property, grant.ease-me-ms for and construct a bike trail to connect with Owl Creek Road. (h) All new or relocated trails shall: (i) along Highway 82, take the expansion of the highway into consideration when developing the specific trail alignment and design and (ii) be constructed in accordance with current trail standards adopted by the County and in place at the time of construction and in the case of the Government Trail connection, current trail standards adopted by the United States Forest Service. Trail easements to be conveyed .to the City of Aspen shall meet City of Aspen trail standards at the time of construction. J:)uring construction trails shall be kept open via temporary relocations. (i) Easements to the benefit of the public necessary for the trails described in Paragraphs 5(b), (c), (d) and (d) above, shall be evidenced and more fully set forth in separate agreements to be made between Pearce and the County and with respect to the -9- r'\ #:::'_,'>236 11/12/93 16: 10 Rec $, 00 Bf< 730 F'G 617 Silvia Davis, F'itkin Cnty Clerk, Doc $.00 golf course between Pearce, the County and the City of Aspen. In the event of any conflict or inconsistency between the provisions of such separate agreements and this Agreement, the provisions of such separate agreements shall govern and control. 7. Underpasses and Roads. (a) Pearce shall. construct a pedestrian underpass for purposes of accommodating pedestrians in the vicinity of the employee housing complex to serve as a trail link between the Owl Creek bike path and the AABC bike path. Pearce shall not be required to construct this underpass except in conjunction with the widening of State Highway 82 into a four lane highway in the area of the employee housing complex and provided that any necessary easements are obtained by the County. If this underpass is built at the expense of another agency such as the Department of Transportation, Pearce shall apply the estimated cost of the underpass as set forth in Exhibit "C" to this Agreement as additional funds towards the cost of the Maroon Creek Pedestrian Bridge as described in Paragraph 8 below. (b) Pearce shall be responsible for the construction of the Stage Road/Tiehack Road underpass structure and roads (i.e. North Underpass Road and South Underpass Road as shown on the Final Plat) that connect new Stage Road with new Tiehack Road. The connecting roads will be designed to accommodate motor vehicles, including sno- cats, golf carts, pedestrians and in the winter, nordic skiing. Utilizing the existing State of Colorado highway right-of-way, the underpass structure shall be designed to accommodate any future widening of State Highway 82 as currently proposed. The connecting road will have a sixty (60) foot right-of-way and except where it crosses the State of Colorado highway right-of-way, shall be dedicated to the County. If required the underpass structure and adjacent areas (i.e. Parcels T and U as shown on the Final Plat) will be dedicated to the State of Colorado for State Highway 82. Pearce may also enter into agreements with the State of Colorado allowing for upgrades to the underpass structurean4-adjaGent areas including, but not limited to special lighting, finish materials, landscaping and special signage. (c) Pearce shall be responsible for the construction of new Tiehack Road, a portion of which will be dedicated to the County. All maintenance of Tiehack Road shall remain the responsibility of Pearce. The dedicated portion will be southerly from the intersection with State Highway 82 to the southerly entry to the public parking to be constructed on Lots 14 and 15 and will have in part a sixty (60) foot right-of-way and in part a forty (40) foot right-of-way all as shown on the Final Plat. When the new Tiehack Road is constructed, Lazy Chair Road shall be abandoned, backfilled and revegetated. (d) Pearce shall be responsible for the construction of relocated Stage Road which will have an eighty (80) foot right-of-way dedicated to the County. -10- 1", .1'""1 #363236 11/12/93 16:10Rec ..~O.OO BK~730 PG 618 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (e) As shown on the Final Plat, that portion of existing Stage Road from new Stage Road to State Highway 82 shall be closed. With respect to that portion of Stage Road to be closed, the County shall grant Pearce a license for parking, landscaping, utilities, drainage and roads, including roads accessing the employee housing complex. (f) Once constructed, the maintenance and repair, including snow removal, of the underpass structure, new Stage Road, that part of the existing Stage Road that has not been closed, and the roads that connect new Stage Road with new Tiehack Road (i.e. South and North Underpass Roads) shall be performed by Pearce pursuant to a separate Road Maintenance Agreement made with the County and recorded in Book !]3Oit Page '133 of the real estate records of Pitkin County, Colorado. (g) Notwithstanding the provisions of Paragraph 7(f) above, each of Pearce and the County acknowledge that certain of the road and underpass improvements will be constructed within the existing or expanded right-of-way for State Highway 82 and Pearce may in lieu of any dedications to the County dedicate rights-of-way to the State of Colorado for such roads or underpass improvements. (h) Acceleration and deceleration lanes for new Stage Road and new Tiehack Road at Highway 82 intersections will be constructed in accordance with the State of Colorado Department of Transportation specifications for the construction of the new Maroon Creek vehicular bridge approaches. (i) Provided the Pomegranate Association, by a written agreement sufficient for such purposes, agrees to abandon its existing right to access Highway 82 as granted in Deed of Easement recorded in Book 308'at Page 962, Pearce will, at its expense, at the time of the construction of the new Tiehack Road, pave any unpaved portions of that Pomegranate easement area, pave any unpaved portions of the existing parking area and provide an alternative access to Highway 82 west of the existing access at a specific location to be approved by the Colorado Department of Transportationl!...ndJ'JJ,kin County Engineer. When the alternative access is completed, the existing Pomegranate access to Highway 82 shall be abandoned. Should the Pomegranate East Condominiums not agree to abandon its right to the existing Highway 82 access, Pearce shall have no obligation to perform under this paragraph and existing parking and access to Highway 82 for the Pomegranate East Condominiums will remain unchanged. 8. Maroon Creek Pedestrian Bridge. Pearce shall contribute Three Hundred Thousand and NO/100 Dollars ($300,000.00) or fifty percent (50%) of the cost, whichever is less, towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The County shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will not commence until one hundred percent (100%) of the funding is available and that construction will be completed within one (1) year of commencement. The County shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due -11- ,r-,. #~ 3236 11/12/9~ 16'10 R _ Silvia Davis P~t~,' - ec $170.00 BK 730 PG .l~ , 1 (In Cnty Clerk, Doc $.Ol) from Pearce will be due within thirty (30) days after written notice is given by the County to Pearce that the County has available the remaining funds necessary to construct the bridge, has obtained all access easements and building permits required and construction has commenced. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provisions of a construction license over lands of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The County shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence within five (5) years from the date of Final Plat recordation, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of One Hundred Thousand and No/100 Dollars ($100,000.00) to the Pitkin County Open Space Board. 9. Van Service. (a) Until such time as the Highway 82 pedestrian underpass described in 6(a) above is constructed, Pearce shall cause an internal van service to be provided to residents of the employee housing complex. By "internal van service" the parties mean as to residents of the employee housing complex, service from the complex to the Roaring Fork Transit Agency ("RFTA") bus stop to be installed on the south side of State Highway 82 and as to other residents of the Project, service to the Tiehack parking lot or Grand Champions Club or both. A plan for van service adequate to meet the needs of the residents of the employee housing complex shall be submitted to the Planning Office on or before October 1 of each year. When the construction of the pedestrian underpass is completed, van service to the employee housing complex shall be discontinued. Thereafter", van service within the Project from the free market units to the RFTA Bus Stops described in Paragraph 9 below may be on an "on call" basis only. (b) Commencing after construction of the new Tiehack parking area is complete, Pearce shall cause to be provided van service from the base of Tiehack ski area to Rubey Park on race days and other maximum traffic days. The plan for this van service shall be submitted annually on October 1 to the Planning Office. Pearce shall be permitted to request the BOCC to review this van service commitment based on changed circumstances. If the Maroon Creek Pedestrian Bridge is constructed, this would be considered a changed circumstance for purposes of allowing review of the van service commitment by the BOCC. 10. RFT A Bus Stoos. Pearce shall construct and deliver one (1) public bus stop shelter on each side of Highway 82 at the time construction of the Stage Road/Tiehack Road -12- #3n36 11/12/93 16:10 Rec $1;~.)(') Bf( 730 Sllvla Davis, Pitkin Cnty Clerk, 'Doc $.00 PG 620 underpass is completed. Pearce shall be responsible for 100% of the cost of construction of the two (2) shelters. The precise location of the shelters shall be specified by the RFTA. Pearce shall design such shelters based upon recommendations from RFT A. 11. Grading and Landscaoing. (a) Pearce shall vegetate all areas that are disturbed by new construction or the removal of any existing structures within one year after a Certificate of Occupancy is received for the new construction, or where no new construction is planned, within one (1) year after the removal of the existing structure. (b) Grading and berming along the Highway 82 corridor on the north side shall screen major views of the townhomes and employee housing units, yet allow occasional open views of the golf course or clubhouse from Highway 82. Subject to timely review by the BOCC so as not to delay the Phasing Schedule, reasonable modifications to the grading and berming along the Highway 82 corridor as shown in the PUD Plan may be agreed to by Pearce and the BOCC to accomplish screening and open view objectives. (c) Pearce has submitted as a part of the Civil Drawings a temporary erosion control plan which has been accepted by the Aspen/Pitkin County Environmental Health Department and the Pitkin County Engineering Department. This plan deals with erosion concerns related to construction of the golf course and major regrading of the Tiehack area. A cost estimate for this plan is included in the attached schedule for the Project public improvements. (d) All buildings in the Project requiring water and sewer service shall be provided with central water and sewer. No individual or private systems shall be allowed within the Project. "-"-"'"''-'''.,~'''. (e) With respect to the landscaping and irrigation plan shown on the PUD Plan, the Planning Director may approve insubstantial changes thereto which do not adversely affect the public interest. Any other changes to the landscaping and irrigation plan shall be approved by the BOCC. (f) Pearce shall not allow the use of poisons for rodent control except upon approval of the County via an amendment to the PUD. 12. Utilities. (a) No excavation, demolition, foundation and lor grading permits shall be allowed until such time as there is an adequate legal and financial agreement with the City of Aspen for a water supply, as approved by the County Attorney which approval shall not be unreasonably withheld or delayed. Any permits for the approved Grand -13- 1"""\ o #363236 11/12/93 16:10 Rec $170.00 Bf< ~ PG 621 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Champions Club expansion or ditch relocations on the Property may issue without regard to the requirements of this Paragraph l2(a). (b) Pearce shall underground all utilities in the Project with the exception of required surface mounted transfonners, telephone and cable television pedestals, natural gas, pump or pressure reducing stations, fIre hydrants, meters and similar appurtenances requiring above grade installation. Irrigation, snow making and domestic water pump stations will be either sheltered or placed underground. (c) A new sanitary sewer collection system will be constructed for the entire Project and will connect to the Rodeo TrunkIine in Stage Road. The existing Rodeo TrunkIine within the Project will be abandoned and all existing connections to the Buttennilk trunkIine will be removed. 13. Water Quality. (a) All ponds shown throughout the Project will be lined with a semipenneable clay. or other suitable material to prevent water loss and potential for downstream pollution. SpecifIc techniques will be implemented to prevent excessive evaporative loss from all ponds. (b) No proliferation of algae in natural streams shall be allowed to occur as a result of the development of the Project. (c) During golf course construction and the fIrst five (5) years of its operation, Pearce shall implement a water quality monitoring program as shown on Exhibit "B" which will address various elements of the Project such as landscaping and chemical treatment. 14. As-Built Survev. The location of various elements....oLtbJ; Project as shown on the PUD Plan, Final Plat or Civil Drawings, including but not limited to, utilities, roads and trails, represents the best planning of Pearce 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, Pearce may cause the precise location of such improvements to be surveyed. Based on such survey, the Planning Director shall at the request of Pearce approve insubstantial amendments to the PUD Plan, Final Plat or Civil Drawings to correct deviations in the as-built surveyed location of any such improvements. 15, Financial Assurances. (a) The County has detennined that Pearce shall provide security sufficient to make reasonable provision for the completion of the Project public improvements for which Pearce is responsible in accordance with the Civil Drawings or as shown on the -14- ,"-'" ~.f\ Bf" 730 PG 4l~~ #36:::,_,_,6 11/12/93 16: 10 Rec $1,.0 J '" ,: Silvia Davis, Pitkin Cnty Clerk Doc $.uu Final Plat or as otherwise provided in this Agreement. (b) The security (the "Security") to be provided hereunder by Pearce shall comply with Section 6-4.5(a)(I)(A) of the Code. (c) No Security for any Project public improvements shall be required from Pearce until issuance of the first excavation, demolition or grading permits for any of the Project. Upon the issuance of the first excavation, demolition or grading permits for any of the Project, Pearce shall, as to those public improvements described in Exhibit "C" attached hereto captioned "Project Public Improvements", provide security adequate to assure the completion thereof in accordance with the Phasing Schedule. The Project Public Improvements shall include trails, Tiehack/Stage Road Underpass, all public and private roads, water, sewer and civil infrastructure for the entire Project including free market lots, townhomes and employee housing complex. (d) Upon the request of Pearce, portions of the Project Public Improvements that are completed shall be inspected by the County. Where the inspection shows that the improvements are substantially completed according to the Civil Drawings or other approved plans and/or specifications, the County Attorney shall authorize the release of that part of the Security given to assure completion of such improvements. 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. (e) Where Pearce desires to obtain only permits for grading or the demolition of any existing structures within the Project, then in lieu of the Security requirements described in Paragraph 15(c) above, it shall be sufficient for Pearce to provide to the County Security adequate to assure completion of such demolition including removal of all debris, backfill and revegetation or in the case of grading to restore as nearly as practicably the affected lands to its condition existing prior to the commencement of such grading, ,Upon demolitio!1of the Aspen Country Inn and provided that such use is not later restored in accordance with Section 7-1.13 of the Code, that certain Agreement dated June 1, 1981 and recorded in Book 431 at Page 221 (and exhibits thereto) between the County and James A, Latham d/b/a Pomegranate Inn shall be terminated and extinguished. At the request of Pearce, the parties shall enter into any additional agreements as shall be necessary to extinguish of record said Agreement dated June 1, 1981 and exhibits thereto. In the alternative, if after demolition, the Project shall be abandoned or modified to exclude the Aspen Country Inn then such use may be restored in accordance with Section 7-1.13 of the Code. (f) Pearce may cause a special improvement district to be formed for purposes of financing 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, Pearce shall be entitled to a release from the County of an equivalent amount of Security -15- 1"'"'-, () #~6:'\"'36 11/ P /93 16: F)Rec $170.00 Bf( 730 PG 623 ,.> '- -' - ',$ 00 , . D l'S Pitkin Cnty Clerk, Doc . Sllvla av, . provided hereunder. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 16. Certificates of Occupancv. Except as otherwise provided herein, no Certificates of Occupancy shall be issued by the County for any free market townhome buildings or single family homes until Pearce shall have obtained a Certificate of Occupancy for the entire Employee Housing Complex. Provided Pearce shall have complied with either 16(a) or 16(b) below, Pearce shall be entitled to Certificates of Occupancy for all or certain of the free market townhome buildings and single family homes even though a Certificate of Occupancy has not been obtained for the entire Employee Housing Complex: (a) Pearce may provide additional Security to the County to assure completion of the entire Employee Housing Complex. In determining the amount of additional Security to be provided hereunder and in Paragraph 16(b) below, Pearce shall not be required to provide Security for the Employee Housing Complex infrastructure as Security has already been provided for the infrastructure as part of the Project Public Improvements. (b) The Employee Housing Complex consists of six (6) separate buildings. Pearce shall be entitled to provide the County with partial additional Security sufficient to complete anyone or more of the separate buildings and for each unit in an Employee Housing Complex building for which additional Security is provided, Pearce shall be entitled to Certificates of Occupancy for two (2) free market townhomes or single family lots selected by Pearce. (c) Nothing in this Paragraph 16 shall prevent Pearce from obtaining: (i) demolition, grading or building permits for the Project or (ii) Certificates of Occupancy for up to 1/1 bO square feet in additions to the Grand Champions Club. ---,,-- - --~ 17. Imorovement Maintenance Agreement. In accordance with Secti('m'6-4':~"&) of the Code, Pearce shall, prior to the conveyance, sale or transfer of any single family lots or townhomes within the Project (excepting transfers by Pearce or its assigns of undeveloped lots or the granting of liens to lenders) enter into an Improvement Maintenance Agreement with Maroon Creek Club Commons Corp. or one or more similar entities to provide for maintenance in perpetuity of all Project common improvements not accepted for dedication by the County. 18. Remedies of Countv, (a) In the event Pearce 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 Civil Drawings, the County shall provide Pearce 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 Pearce of such notice to cure such non- compliance. The Notice of Non-Compliance shall include a list of specific deficiencies -16- :~~::6 D~~~~2/:31~t,16: l~ Rt.ec $17,QCl Bf<730 PG 624 , "In ~n Y Clerk, Doc $.00 to be corrected in order to Cure the non-compliance. If Pearce, 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 practicable, the BOCC shall conduct a hearing (the "Non-Compliance Hearing") to determine whether or not a default exists. At such hearing, Pearce may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Pearce shall have ninety (90) days from the date of the hearing within which to correct the deficiencies. If at the expiration of said ninety (90) day time period, Pearce is proceeding with due diligence to correct the deficiencies, then said time period shall be extended for so long as Pearce shall continue to proceed with due diligence to correct such deficiencies. (b) If Pearce 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 in as economically efficient manner as is practicable. (c) Subject to the force majeure provisions of Paragraph 21(g) below, in the event Pearce shall, for a period of one (1) year beyond the longest permissible time allowed in the Phasing Schedule or any amendments thereto fail to substantially complete any Project element, the Project shall be presumed to be abandoned. If the Project is presumed to be abandoned, the County shall have the right, upon thirty (30) days written notice to Pearce, to draw on the Security to complete all remaining Project Public Improvements in as economically efficient manner as is practicable. (d) The remedies set forth herein shall be the exclusive remedies of the County in the event of any default under this Agreement by Pearce. No default hereunder by Pearce shall result in any revocation or termination of the Project approvals as described in the Resolutions. 19, Notices. Notice given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail, postage prepaid at the addresses indicated below or at such other address as may be substituted upon written notice by the parties or their successors or assigns and in the event of mailing shall conclusively be deemed received three (3) business days after the date of registration or certification: To the County; Pitkin County Planning Office 130 S, Galena Street Aspen, CO 81611 -17- (""\, () #3632,_,,,, 11/12/93 16:10 Rec $170.(),/BI< 730 PG 625 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 With Copy To: County Attorney Courthouse Plaza Building 506 East Main Street Aspen, CO 81611 With Copy To: Planning Director Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 To Pearce: Pearce Equities Group II Limited Liability Company 601 East Hyman Avenue Suite 104 Aspen, CO 81611 With Copy To: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 20. Vested Rights. The BOCC has considered the needs of both the County and Pearce and has determined pursuant to C.R.S. 24-68-101 et. seq. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planing Director, constitute an extension of the vested property rights appurteruint to the Property . 21. General Provisions. .. (a) .This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado, including the Code. (b) All provisions, covenants, restrictions and obligations contained herein shall run with and constitute a burden upon the title to the Property and shall be binding upon and shall inure to the benefit of Pearce and the County and their respective heirs, personal representatives, successors and assigns. (c) This Agreement contains the entire understanding and agreement between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. (d) Pearce 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 -18- r", n #3632::,,,,,11/ 12/93 i is: 1 () Rec $170 .el'-" BK 730 PG626 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 improvements contemplated hereunder, in acc.ordance with and subject to the provisions of this Agreement. Pearce may also assign certain of its obligations hereunder to any one or more special districts or homeowners associations to be formed for purposes of performing such obligations. In the event Pearce shall assign its entire interest in the Property to a third party and such third party shall provide adequate fmancial assurances as Security for the Project public improvements, Pearce shall be released from all further obligations hereunder. (e) Pearce's obligations to construct the Project public improvements contemplated hereunder are expressly contingent upon: (i) the County approving and executing the Final Plat and, upon completion of the townhomes, approval and execution by the County of one or more condominium maps, provided said Final Plat and condominium maps comply with all applicable provisions of the Code, and (ii) the acceptance for recordation of the Final Plat and condominium maps in the office of the Clerk and Recorder for Pitkin County, Colorado. The County acknowledges that Pearce has already obtained approval to condominiumize certain Project elements consisting of the townhomes, lodge rooms and employee housing complex. (f) This Agreement is intended to amplify and carry out certain of the provisions of the Resolutions. 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. (g) In the event that Pearce 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 hereunder shall be extended for a period equivalent to the period of such delay or hinderance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, pt;arce_ shall notify the County in writing of any Delay Days claimed for the calendar year or other period. (h) From time to time, Pearce 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 Pearce hereunder have been performed or are no longer applicable, the parties shall, at the request of Pearce and in recordable form, enter into a full release (and termination) of this entire Agreement. (i) 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. -19- r\ ('\ Ii: :3236 1111~/93 16' - . / SilVia Davls- F,it~'i~l(.l Rec $170.00 BK 730 , Cnty Clerk, Doc $.00 F'G 627 Q) 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. (k) 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 litigated and the court's decision on those issued, was the prevailing party in the action. (I) 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. (m) From time to time, Pearce shaH have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shaH certify to Pearce or another party designated by Pearce 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 by the County, (ii) this Agreement is in fuH force and effect and (iii) the County has no knowledge of any default under this Agreement on the part of Pearce 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 shaH provide such other information as Pearce or any other party requesting the same, shaH reasonably require, relative to this Agreement. The issuance of such certificate shaH not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements Agreement the day and year first written above. By: Bill Tuite, By: BOARD OF COUNTY CO OF PITKIN COUNTY, C PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company -20- /"".. n ,~' #363236 11/12/93 16:10 Rec $170.00 BK 730 Pl:i 628 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ACKNOWLEDGMENT PAGE TO SUBDMSION IMPROVEMENTS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing Subdivision Improvements Agreement was acknowledged before me this Z. day of~~1M , 1993 by James T. Pearce, Jr., Member of Pearce Equities Group II Limited Lia ility Company, a Utah limited liability company. WITNESS my hand and official seal. . ,_ My commission expires: D4 '0;; q (, CYt.du')J/vJillJ Notary Public 1",.' ,.<" <' STATE OF COLORADO ) ) ss ) , , ~ ~\ :" ' / .... ~... , ,", './ () ll" " ....-'.. v . ',~ ('" ". ,.' ,... "" 0.............:',.. ". c~ ~ ,. ro. COUNTY OF PITKIN The foregqingSubdivision Improvements Agreement was acknowledged before me this \ 1 day of ~i') U. \ I h: i ,1993 by Bill Tuite as Chairperson for the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. '--, 'I" (', '') My commission expires: \ i '- ,y' < i ') ') . , 'II '-.. '. ; ):~. I', i. Notary PUblic ,.1,1111""""'1, , "" ....l)!,OlO:J 1,.._ " .....", ..;;/ , ,'o\,,) ....... 0 ........ ': 00 ". ~ .' f( r \ ) k~" /'J ( I" "'" t \ I . ~I, (C,.')- \; 1,.. :7 v /'l ':'" ~ .. - -.,...... - i "'..J...J'.(. C""\/?- '; :: -) ~ r!./ .. : : ,J " -.'.', ~/ : ./ .:. )}... ..c. 0 ,. : '\;<L":":':,';::~~::"'" .'!"'" II' ~ ~", -21- F\ ,t"\ j #363236 11/12/93 16: It) Rei:: $170.00 Bf( 730 PG 629 Silvia Davis, pitkin Cnty tler,k, Doc $.00 EXHIBIT "A" PHASING SCHEDULE . { , . , Q' , , . x, . . . 0' . , , ~, . . . .. . . , . . . , . . . , X' . . . <, , . . x. . . . ~. . . . ~, . . , , , . . Q' . . . x. . . . O' , . , ~, , , . .' . . 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" . ./. --- f" , ' 1.-:;' " I,,'"' ~;., : ;' , " t. ,- r :~;;.f:' . ; , C" ~'; .,. , f , " I .8 ~ . ~ . ::: ~ , 0 . ~ ~ c i] u ~ . " " c . . " ~ ~ . 0 . C " . " , . u . u , Q o '" ~ ~ ~ ~ " 'lj :i ~ ~ ~ ~ ~ . c '" u ~ . .; ~ . , , f, t" ; !' t,.lh ! r'\ 0 , , .'" ,',',' ..iJ ' , #363:<;,_'6 11/12/93 16: 10 Rec;t>170.0l) Elf( 1'30 PG 631 Silvia Davis, Pitkin Cnty Cle~k, Doc $.00 EXHIBIT "B" I I I ! WATER QUALITY MONITORING PROGRAM 'I ') o J ),~, 16 .'" iU o Q .( I- Qj - u >- +J C U c ,~ +J ,~ 1,1 ,~ > '1) Q ,-:j ,~ > - ,~ W 1""'\ ,") " ASPENOPITKIN ENVIRONMENTAL. HEALTH DepARTMENT April 15, 1992 Mr. John L. Blanchard, P. E. Ivaste Engineering, :nc. 2430 Alcott St. Denver, Colorado 80211 At your request, ',/e have reviewed the Water Quality Monitoring Program for Maroon C=eek Development Corp. as submitted in your March 13, 1992 Letter. In order in the report, are the points I found interesting and noteworthy. 1. Water Quality Parameters selected for monitoring should result in a broad spectrum scan of surface and ground water pollutants. The locations are in those areas that we feel ;'lOula nlost likely yield the best and ihbst accurate information at this time. Background and existing \,:ater quality should be established with the proposed sampling schedule. However, additional samples in Summer during agricultural activities and in winter during low flow periods might actually reflect existing conditions more accurately and reveal trends that might otherwise be missed. 2. The soil sampling analysis conform department. schedule, locations and to the recommendations proposed of this 3 . It is excellent to see that your recommendations include the flexibility to modify the monitoring program as additional information is obtained. In summary, the finalized program closely conforms to the criteria and recommendations of this department expressed to the pitkin county Land Use review process. Please contact our office, if we may provide further information regarding the state and local requirements for this golf course facility: Likewise, we will be available to respond to further inquiries regarding our involvement in the planning, construction, development, and operations phases of the project. If you have further questions or comments concerning this matter, please call me at 920-5070. 'i<;;~j/~ Robert F. Nelson Environmental Health Officer cc: Paul Avant Wright Water Engineers \ ~ (\ " j Waste Engineering, I nc. 2430 Alcott Street Denver. Colorado 60211 (303) 433.2786 #363236 11/12/93 16:10 Rec $170.00 BK ~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 PG 633 March 13, 1992 Mr. Bob Nelson Pitkin County Environmental Health Department 130 South Galena Street Aspen, Colorado 81611 RE: ~laroon Creek Development Corporation -- Water Quality Monitoring Program D= Bob: As you may recall, Waste Engineering, Inc. has been working with the Maroon Creek Development Corporation to design and implement a water quality monitoring program for their proposed development near Maroon Creek. A copy of the finalized program, dated September 18, 1991, is attached for your convenience. ........ We are in the process of completing the interim monitoring aspect (Item 1) of the program. Although sample collection was delayed from the intended date of completion in November, . 1991, we feel that valuable data were generated from the sample locations. Current plans are to select the sites for three monitoring wells to be installed next month, with quarterly monitoring to begin in May at the three wells and at two surface water locations on Maroon Creek. We may still include a seasonal station at Willow Ditch at the southern property line, and we will analyze this possibility concurrent with selection of the well sites. While you expressed general approval of the program when we met last May, we would appre- ciate your review of the finalized program and forwarding your comments to us at the above address. If you have any questions, please feel free to call me at 303/480-1700. Very truly yours, JLB/b III 842-003.05B Attachments WASTE Et~GINEERlNG, INC. BY:~&~ tr John L. B 1<0.9 l1'ard, P.E. Project Mah'ager _,..... _I:..'" . r\ _ ~: ~.~ o r, Waste Engineering, lnc. , .,J 2430 Alcott Street Denver, Colorado 60211 (303) 433-2i6B R $1-,' (, (,0 Bf< 730 PG 634 6 1 () 'eC - . - ~363236 11/12/93 1 : Cnty Clerk, Doc $.00 Silvia Davis, Pitkin /) ,,-,.- HEHOP.A!IDUH TO: FROH: DATE: RE: Chuc:k Vidal ~aste Engineering, Inc. September 18, 1991 u HCOClla ter QuaE ty Honi taring Program At your request, ve have updated the vater quali ty moni toring program that ve are recommending for the Haroon Creek Development Corporation includes the fo110ving vork items: 1. Inter:~ monitoring for 28 parameters at nine existing surface and ground- vater si tes. These vould be the same locations from vhich samples-vere collected in November 1990. Note that g?neration of additional ;:ater quality data at locations should be of use in the NPOES permit application process. Completion Date: November ~' "'1".... I 1, 1991. 11 \'i"lZ 2. Collect, compile and report existing historical vater quality data. Completion Date: April I, 1992. (J 3. Select siting and design criteria, for installation of three monitoring veIls, and supervise installation of the veIls. Completion Date: May 1, 1992. 4. Quarte::ly moni taring at tllO existing surface vater si tes and three nev monitoring veIls. Analysis viII be for 28 physical and inorganic parame- ters and four chemical scans as identified in 'the attachment. Samples viII be analyzed at Barringer Laboratories in Golden, Colorado. Addition- ally, one-time analysis for all of the nine pesticides proposed for use in the Integrated Pest HanageOlent ("IPH") program vill be included. Subse- quent ~onitoring for specific pesticides viII be scheduled according to their use. Quarterly Sampling Dates: Hay 1992, August 1992, November 1992, etc. 5. Soil sampling on tllO days, before and after construction, at four loca- tions to be selected. The soils viII be analyzed in a laboratory for organochlorine pesticides, metals, semi-volatile organic scan, volatile organic: sc:an, and cation exchange capacity. Soil sampling days to be arranged according to construction schedule. t) 0'1~/9"\ 16.1<> Rec $170.00 jt'""\(.:lV r'\;l 0->;:> #363236 . , ~ - " C- t Clerk Doc ..00 Silvia Davis, Pitkln n y -, HEl10 TO: Chuck Vidal Sp.ptemner IB, 1991 "1:., Page 2 of 2 , ," "..' 6. Analysis and compilation of all data generated and continued consideration for the chan6in6 needs of this monitorin6 program as results are received. 0, #36. _36 11/12/93 16:10~ec Silvia Davis, Pitkin Cnt; A $17<:>.6(, Bf( 730 Clerk, Doc $.00 PG 636 Parameters to be analyzed for in this monitoring program: r-~ " 'I " Primarv Metals Secondarv Metals Other Parameters 1. Arsenic 2. Barium 3. Cadmium 4. Chromium 5. Lead 6. Mercury 7. Selenium 8. Silver 9. Copper 10. Iron 11. 11anganese 12. Zinc 13. Nitrate 14. tlitrite 15. Hardness 16. Total Phosphorous 17. Sulfate lB. Potassium 19. Cald urn 20. Magnesium 21. Chloride 22. Fluoride 23. Boron 24. Conductance 25. NH) 26. pH 17. Sodium 28. Total Dissolved Solids IP'1 Pesticides 1. Benamyl -, 1. Chlorpyrifos 3. Fenarimol 4. G1yphosphate 5. PCNB 6. Trladimefon 7. Metalaxyl B: Iprodione "~._-,~ 9. Hancozeb A. Organochlorine oesticides and PCBs scan (EPA method 608/BOBO) B. Chlorinated herbicides scan (EPA method 615/8150) C. Volatile organics scan (EPA method B140) D. Semi-volatile organics scan (EPA method B170) r:\ A #363236 11/12/93 16: 10 Rec $170.00 Bf< 730 F'G 637 Silvia Davis, F'itkin CntyClefk, Doc $.00 EXHmIT "C" PROJECT PUBLIC IMPROVEMENTS AND COST ESTIMATES DESCRIPTION OUANTITY UNIT PRICE PER UNIT EXTENSION General Sitework Demolition 1LS 300,000 R&R Topsoil 15,972 CY $2.50 Per CY 39,930 Site Grading 215,000 CY $1.75 Per CY .376,250 Erosion Control 1LS 230,750 Reseeding 30.0 AC $2,500.00 Per AC 75,000 Subtotal $1,021,930 Road Construction R&R Topsoil 9,700 CY $2.50 Per CY 24,250 Road Grading 85,000 CY $1.75 Per CY 148,750 Curb & Gutter 29,771 LP $15.00 Per LF 446,565 Sidewalk 38,690 SF $2.25 Per SF 87,053 Retaining Walls 26,210 SF $15.00 Per SF 393,150 Road Base 43,575 SY $5.00 Per SY 217,875 Paving 40,335 SY $7.90 Per SY 318,647 Landscape & Irrigation 9.1 AC $30,000.00 Per AC 273,000 Subtotal $1,909,289 The above Road Construction Budget can be allocated as follows: Stage Road & Stage Court Tiehack Road Townhouse Road Other Improvements $280,028 --$~18,488 $416,512 $294,261 Paths/Trails/Shelters/V an Bike Paths Trail Relocation Bus Shelters Maroon Creek Bridge Contribution Pedestrian Tunnel Van 6,200 SY 1,825 LF 2 EA $9.85 Per SY $5.50 Per LF $3,500.00 Per EA 61,070 10,038 7,000 100,000 175,000 20,000 $373,108 1 LS $175,000.00 Per EA Subtotal 1""'\ n 11363236 11/12/93 16: 10 Rec $17<:..'-)0 BK 730 PG 638 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 DESCRIPTION EXHmIT "C" CONTINUED OUANTITY UNIT PRICE PER UNIT Highway 82 Underpass Detour Earthwork W ails/Abutments Superstructure Approaches Subtotal 4,300 SY 12,500 CY 525 CY 6,000 SF 10,000 SF Water Distribution 24" Underpass Relocate 12" Highway Crossing Water Mains PRY Stations West Buttermilk Tank Subtotal 118 118 13,100 LF 3 EA 118 The above Water Distribution Budget can be allocated as follows: Stage Road & Stage Court Tiehack Road Townhouse Road Other Improvements Sanitary Sewer EXTENSION $35.00 Per SY $6.00 Per CY $375.00 Per CY $25.00 Per SF $5.00 Per SF 150,500 75,000 196,875 150,000 50,000 $622,375 $27.25 Per LF $16,500.00 Per EA 65,000 25,000 356,975 49,500 400,000 $896,475 $109,289 $155,823 $141,363 $490,000 10,000 5,000 385,575 28,710 110,450 Highway 82 Crossing 1 18 Abandon 8" Sewer 1 18 Sewer Mains 15,900 LF $24.25 Per LF Force Mains 1,740 LF $16.50 Per LF Service Laterals 94 EA $1,175.00 Per EA (Added per discussions with County Engineer) Manholes 62 EA $2,200.00 Per EA Pump Stations 2 EA $13,500.00 Per EA Subtotal 136,400 27,000 $703,135 rl () 11,.:\6:.:\256 11/12/93 16: 10 Rec $170.',.J BK 730 PG 639 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 DESCRIPTION EXHIBIT "C" CONTINUED OUANTITY UNIT PRICE PER UNIT EXTENSION The above Sanitary Sewer Budget can be allocated as follows: Stage Road & Stage Court Tiehack Road Townhouse Road $161,126 $267,918 $274,091 Drainage Improvements Storm Sewers Inlets/Outlets Rip-Rap Grade Ditches Subtotal 10,100 LF 37 EA 735 CY 3,040 LF $23.00 Per LF $1,350.00 Per EA $48.00 Per CY $3.15 Per LF 232,300 49,950 35,280 9,576 $327,106 Irrigation Ditch Improvements Road Crossings 3 EA $2,500.00 Per EA (Per discussions with County Engineer) Subtotal 7,500 $7,500 Employee Housing Mathis Replacement 1,510 SF $110.00 Per SF (Per Housing Board Resolution) Subtotal 166,100 $166,100 Grand Total $6,027,019 $301,351 $6,328,370 Subtotal Contingency (5%) (Added Per County Engineer) IJr'" II1I111111111111111111I111111111 ~~lrtJIIIIIII 403224 04/08/1997 04:0ZP ORDI~~NCE, 1 of 4 ~ 21.00 D 0.00 N 0.00 PITKIN COONTY CLEr~ ORDINANCE NO. 40 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FOR THE MAROON CREEK SUBDIVISION IN CONJUNCTION WITH ANNEXATION INTO THE CITY OF ASPEN WHEREAS, pursuant to Section 26,92.020 of the Aspen Municipal Code the applicant, the City of Aspen, has submitted a request for a map amendment to rezone the'Maroon Creek Club subdivision, two Pfister parcels, and the water tank parcel in conjunction with annexation into the City of Aspen; and WHEREAS, through the development approvals of the Maroon Creek Club subdivision the developer agreed to annex into the City of Aspen; WHEREAS, it is the obligation of the City of Aspen, under the Water Service Agreement, to not divest or diminish the land use approvals or development rights awarded by Pitkin County for the project in their entirety and has therefore maintained all existing County approvals, findings, written interpretations and amendments for the subdivision granted prior to the annexation agreement; and WHEREAS, to further clarify the approvals and the intent of the Water Service Agreement and the Annexation Agreement, Exhibit A defines the following definitions of the Pitkin County Land Use Code that shall be utilized for purposes of determining height, bulk, and setbacks within the PUD: Accessory Structures Basement Building Height Floor Area (FAR) Setback Structure Yard Yard, front, side and rear WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission on October 22, 1996 to consider the application for a map amendment and forwarded a unanimous recommendation of approval to the Aspen City Council; and WHEREAS, the Aspen City Council having considered the COmmission's recommendation for a map amendment at a public hearing on November 25, 11111111111111111111111111111111111111111I1111111111111 404428 0S/1S/1997 10:eSA ORDINANCE 1 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ['J' ~!IIIIIIIIIIIIIIIIIIII 1111\ 11111111 O(l.~ 1III 403224 04/08/1997 04:02P ORDINANCE 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1996, and finds that the proposed rezoning of the Maroon Creek Club subdivision is consistent with the requirements of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the Maroon Creek Club Subdivision, the Pfister outparcel, the former ARU Facility outparcel, and the water tank parcel as follows: Former ARU Facility Outparcel RR Pfister Outparcel RR Water Tank Parcel C POO Overlay on' all lettered and numbered parcels Lot # Proposed City Zoning; 1-5 6,12 13 14 15 16 17 18 19 - 40 41,45 46-48 49 50 51 52 RR R-15A AH C C RR RMF-A RMF-A R,15A RR R-15A C RMF-A PjSPA AH ,_.",'_.m,"~,~,_._"'; A-C E-G H-K L-N P,S T,U P OS WP OS WP OS Section 2: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 26.28.30.B of the Municipal Code. 11111111111111111111111111111111111I1111111111111111111 404428 0!/1!/1997 10,!6R ORDINAMCE 2 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK IIII:~'" 11I11I1II1I11111111111 rlllrl"llli~t ~~I 403224 04/08/1997 04: 02POItDtNANeE. '" .~ 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances, . Section 6: A public hearing on the Ordinance shall be held on the day of November 25, 1996 at 5:00pm in the City Council Chambers, Aspen City Hall, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as prov~w, by the City Council of the City of Aspen on the ot8 day of 1.996. -'~". _.~~tiriltltl;'1,;/. I" "'" '.' ,,I' 1'1 ... of ~ "". ,.;:.\ ,. \. \ ............,,:;;. ~, ",'"--' " '. 1"'"- ;' /. 'ATTEST-, -t- '0 . 1 ':;? SEA l'" \ , ::. ~,:f..,,'. : 0 'r,'~.~.?;'i~t,(, '. ... '.:--,A...'" ' . .;: ,-..,,'./, ''':~ \,.;.,~1 ".'......,.. 'Ill .......,..-~.1~) -,'" \-, -- --' .~,.- -'\ FI~ALL y~ adopted, passed and approved this 1996. ~ (?~- John ennett, Mayor ,.JS- daYOf~ 1111111111111111111111111111I111111111111I1111111111111 404428 0S/1S/1997 10:S6A ORDtNANCE 3 of 14 R 71.00 D 0,00 H 0.00 PITKIN COUNTY CLERK n'llIlIlllllllllllllllllllrllllnlllllr.]'t~\1111I1 403~~4 04/08/1997 04:02P ORDINANCE 4 0' 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ,.", '''''' :\ ~ aF ,,; . c} '......5 Pc'" ... ..ATTE '1:, if. \ t i~};M. '\ xI~ "...('~tWr~~ City Clerk " '~,,' ,.., .,,' ~tt,!!~ 111111I111111111111111111111I111111I11111I1111I11111111 404428 05/15/1997 10:56A ORDINANCE 4 0' 14 R 71.00 D 0.00 N 0.0Ei PITKIN COUNTY CLERK r;.. """-- ~.. .~,- EXHIBIT A ACCESSORY USE or ACCESSORY STRUCTURE means a: use or structure that is namrally and normally incidental to, subordinate to, and devoted primarily to the principal use or structUre of the premises; does not change the basic character of the premises, as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use orstructnre served; contributes to the comfort, convenience or necessity of the occupants of the principal use or structnre served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be coustrUed to authorize a use not otherwise permitted in the zone district in which the principal use is located, and in no event shall an accessory use or strUcture be established prior to the principal use or strUcture to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. BASEMENT means that portion of a strUcture fIfty percem (50%) or more of which is below namral g rade. BUILDING HEIGHT means the maximum distance allowed, based on the following criteria: a. On Pitched Roofs: 1) There shall be no mid-poim 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 c:tSe 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 (3') 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. 1111111111111111111111111111I111111I11111I1111111111111 404428 '0e/1e/1997 10:e6~ ORDINANCE e of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1""'. I"'" - - J' l d. All measurements shall be made vertically; Le., 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 (l 0'). f. W~r towers, mechanical equipment, solar equipment, and similar equipment shall not exceed the prescribed height limit by more than three feet (3'). , ' g. In no event shall any strucrnre, including antennae, chimneys, flues, vents, water towers, mechanical equipment, solar equipment, and similar StI11ctUres exceed thirty-eight feet (38') above existing or finished grade, whichever is lower. h. For the purpose of measuring building height, any individual building component that is located within twenty (20) feet (as measured from any 'point from outside wall to outside wall) of the principal 'structure shall be considered a part of the principal structure. FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or strucmre. In calculating floor area, the following rules apply: a. General: In measuring floor area. all dimensions shall be taken from the outside face of framing or other prim'll!)' 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 feamres are included in the floor area on each floor. b. Roof overhangs and decks: The floor area of a building, or portion thereof, not : provided with surrounding exterior walls-shai}include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five (5) feet These architecmra1 projections are exempt for five (5) feet of the perimeter of each story. of the StI11crnre. Architectural projections may project up to ten (l 0) feet and still be exempt, so long as the total perimeter space for a floor is less than or equal to the toUl area allowed for the five (5) foot exemption. This exemption cannot be used to tranSfer space between floors. c. 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 (15%) of the maximum floor area allowed. Any areas in excess of fIfteen percent (15%) shall be counted toward floor area. 1111111111111111111111111111I11111111111111111111111111 404428 0!/1!/1997 10:!6A ORDINANCE 6 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK l..___ _._..~,-' r"! t">; , } , d. Spaces below natUral grade for principal single family and duplex residences: Spaces below naroral 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 maxim= of 4,000 square feet of floor ~ Floor area below naroral 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 thar 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 required 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 strUcmre. e. 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 ma.'\:imum 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. --f. Crawl space: Crawl spaces shall be exempt from the calculation of floorarea,eveii'tf .- exposed above naroral grade, so long as the height of the crawl space does not exceed five feet six inches (5'6"). . g. Attic space: That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (5'6") in height shall count as floor area. h. AR-l Zone District: For the purpose of calculating floor area ratios for non- residential structures in the AR -1 Zone District, subgrade space shall be excluded from the floor area calculations when such subgrade space is aCcessory to and subordinate to the principal use of the building and used for subordinate, secondary purposes. Such exempted subgrade space shall include areas used for mechanical, electrical or hearing facilities; utility space; parking garages; required employee housing units meeting Uniform Building Code requirements for subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet rooms, convention space, banquet preparation 1111111111111111111111111111I111111I1111111111111111111 404428 05/1e/1997 10:5SA ORDINANCE 7 of 14 R 71.00 D 0.00 N 0. 00_"lIKlti...CO.uHJ't -'!.EllK ~, A ! and kitchen area; re=arional amepities including but not limited to pools. health clubs. exercise rooms, steamrooms, saunas. massage rooms, showers; linen storage rooms. maid service areas. laundries; guest storage; storage for condominium unit owners; ski lockers; loading and unloading docks. service elevators. trash storage, maintenance area and storage; and circnlation corridors and elevator areas for the foregoing. All other uses located subgrade may be exempted from floor area calculations upon the special review recommendations of the Planning and Zoning Commission. and approval of the Board if they frod the use to be accessory and subordinate to the principal use. Review criteria to be used in determining if a use is accessory and subordinaIe to the principal use are as follows: 1) potential impacts generated by the use; 2) the amount of floor area involved. including the amount of space above grade to be . made available for the principal use if the space is exempted; 3) consic;leration of whether the use will be used primarily by occupants or residents of the project or other persons in the co=uniry. . Above grade balconies and decks constroC'..ed in the AR -1 Zone District, including those covered by a roof or floor above, shall be excluded from floor area c:llculation~, whell the area of such balcomes and decks is less than or equal to fifteen percent (15%) of the allowed floor area; all area of above grade decks and balconies over fifteen percent (15%) of the allowed floor area shall be included in the floor area. SETBACK means an open spaCe at grade berween a structure and the property line of the lot on which the structure is locmed. The setback shall be unoccupied and unobstructed from the ground upward. except for fences or as otherwise provided in this chapter. In measuring a setback, the horizontal dist:lIlce berween the lot line and the closest projection of the principal or accessory building shall be used. STRUCTURE means anything constructed, installed, or portable. which requires location on the ground. It includes yurts and tepees and movable buildings which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently. "StrUcture" also includes roads, walkways, paths, fences, swimming pools. tennis courts, signs, sheds. and other accessory construction. "StructUres" do not include fences or walls used as fences less than six feet (6') in beigh~ poles. lines, cables, or other transmission or distribution facilities of . . public utilities; bus shelters less than 200 square feet in size. YARD means an open space which is unoccupied and unobstrUCted from the ground skyward, except as otherwise provided below: 1111111111111111111111111111I1111111111 11I1111111111111 404428 0!/1e/1997 10:e6A ORDINANCE 8 or 14 R 71.00D 0.00 N 0.00 PITKIN COUNTY CLERK ("") ,. i i a. Projections into required yards. Yards shall be unobstrUcted from the ground to the sky except for the following: 1) Uncovered porches, slabs. patios, te=, walks, steps, retaining walls and similar strUctures, which do not exceed thirty inches (30") above or below natural grade - No restriction; 2) Fences, hedges, berms and walls less than six feet (6') in height are permitted within yard setbacks, except on comer lots where no fence. retaining wall, hedge, berm, or similar , obstrUCtion shall be erected or maintained which obstrUCts traffic vision; nor on comer lots shall any fence, reWning wall, hedge, berm. or similar strUcture be erected or maintained which exceeds a height of forty-two inches (42") measured from street grade within twenty feet (20') of the comer. YARD, FRONT means a yard extending the full width of the lot, the depth of which is , measured as the least horizontal distance between any point on the front lot line and point of the structure or use {such distance being referred to as the "front yard setback"). . YARD, REAR means a yard extending the full width of the lot. the depth of which is measured as the least horizontal distance between any point on the rear lot line and point of the structure or use (such distance being referred to as the "rear yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and one as the rear lot line. YARD, SIDE means a yard extending the lengr.h of the lot between the front and rear yard setbacks (or lot line in the absense of yard requirements), the width of which is measured as the least horizontal distance between any point of the structure or use (such distance being referred to as ,the "side yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and the other as the rear lot line. (Ord. 95'-6 99 8, 11-13, 1995; Ord. 94-16 914) 1111111111111111111111111111I11111111111111111111111111 404428 0!/1!/1997 10:!6A ORDINANCE 9 of 14 R 71.00 D 0.00 N 0.00 PITkIN COUNTY CLERK ii: LLI ..I U ... I- -~ o u Z - .. ->.: =1&.11- _u.. _ZlL ~~Q =....6) -C, _"'lSl _0 .- z: =a: -cas _lOlSl ~QQ -... - C !!!!!,... -GllSl iiiiiiGllSl !!!!!~~ _'In,... -... _;nD:: iiiii Q .. -...... =Nc.. -"'0 -... !!!!!!SQ -...... iiiiii ~ iiiiii iiiiii .. ~ ~ ... N >- I- U ?-o ~ ::;. ::;2: - .., ... ... '-IN ~ ,c: IE r.r. ~ - -< en z :: t: - -: E ;;- :::: ::: ~ ;;- - ... c: ... ... -< Iii l:llol NC:: -., u:< - .. I- .., -: - '" '" ~ ;; :: ~ o 0 -- ~. . . . . it - 0 =~ ~;.., -~ < 0 - - -.. "'~ < '" - C: ~ ;;. " I:: '" i~ ,= 19 u .~ ... I I I I \ !~ ;..;::. \j u > c ;: I I IE , - ,- I~ Ii I~ I" I I I u .. .. .. " .g -.; .. .;: ci- .. 8 2 .. ..; .... ... ~ - It u .. .. .. 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"'""--::;: /f", ~V;;, ,w,Jf""'; / ,/, /'0\~;'!...., _./' <' .:t:---J ,'( ,c" /'~! _-' ;?i \ if ,....\.: .-'._ '::- Map B PROPOSED Ma. r IJ (J 11 C i ~ J . [Ij . . " " .~ J~~. ~ Cr4~~ z. " "& AH c os P R' 15 A RMF, A RR SPA o v < r I a. n "-- 'WP , " I 101 I . " . ~:~~:~.. .. ",. . ,.. ~..... ,.. ~.:~;j.: ~~"~." .~:.. . :c~:'~ C7 :::. ~n:1': r~:::..:~::'I': .". ti~:~:~;::. .. . J I .... ~ .00 II ,...1 38-33.3-222 Property0ai. and Personal (3) Every merger or consolidation agreement must provide for the reallocation f allocated interestsin the new association among the units of the resultant commOn i ~ ~ the community either by stating the reallocations or the formulas upon which they are hn crett . <lSed. Source: 1. 91: Entire article added, p, 1734, ~ 1, effective July 1, 1992, ~~ '1' j i il' I '" I :: I " I I 38~33.3:222.. ,Addition of un~pedfied real ~state. In a cornmo.o inte:~st communitv 1 the nght lS ongmally reserved 10 the declaratIOn, the declarant, In addItIOn to anv oli.,,! development right. may amend the declaration ,at any time during as many yeiJrs <1<; .1\;~ specified in the declaration to add additional repl estate to the common interest conlmuJr>:: ty without describing the location of that real estate in the original declaration; bUI th,'", ~l' d d h ' , h' "rq of real estate a de to t e common Interest commllOJtv pursuant to t IS section m'IV exceed ten percent of the total area at real estate .desc;ibed in section 38-3~.3-205 (i) ~~)~ and (1) (h), and the declarant may not 111 any event Increase the number of UDlts in the (Om-. man interest community beyond the number stated in the original declaration pursuant! section 38-33.3-205 (1) (d), except as provided in section 38,33.3,217 (4), " Source: 1. 91: Entire article added, p, ]735, ~ 1, effective July], ]992, L. 98: Entire Vc'" tion amended, p, 483, S 12, effective July L PART 3 MANAGEMENT OF THE COMMON INTEREST COMMUNITY 38-33.3-301. Organization of unit owners' association. A unit owners' association shall be organized no later than the date the first unit in the common interest community is L'Ofl' ~- veyed to a purchaser. The membership of the association at all times shall consist L'xdu_ ! sivelv of all unit owners or. following termination of the common interest communi tv, of all forrr:er unit owners entitled to distributions of proceeds under section 38-33.3~218, ~r their heirs, personal representatives, successors, or assigns. The association shall be organiwu ;!!\ a nonprofit, not~for~profit, or for-profit corporation or as a limited liability company ill accordance with the laws of the state of Colorado; except that the failure of the association to incorporate or organize as a limited liability company will not adversely affect either the existence of the common interest community for purposes of this article or the rights of persons acting in reliance upon such existence, other than as specifically provided in section 38-33,3-316, Source: 1. 91: Entire article added, p, 1735, ~ ]. effective July], ]992, L. 98: Entire vee, ticn amended. p, 483, ~ 13, effective July 1. 38-33.3-302. Powers of' unit owners' association. (1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association, without specific authorization in the declaration, may: (a) Adopt and amend bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and calkct assessments for common expenses from unit owners; (c) Hire and terminate managing agents and other employees, agents, and indepemll:nt contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit Owners on matters affecting the common inter. est community: (e) Make contracts and incur liabilities: (f) Regulate the use, maintenance, repair, replacement, and modification of common elements; (g) Cause additional improvements to be made as a part of the common elements: (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, subject to the following exceptions: (I) Commqn elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 38-33.3-312; and I t I I I i 1 ;f )ersonal lUst provide for the reallocati ':" unIts of the resultant com o~ or f I moo 10''''" ormu as upon whicb they a re b fective July], ]992. . In a common interest Com . le declarant, in addition to mUnI". my time durin a as many yeany 0 . 0 arsas' ate to t~e. common interest Co n the ongmal declaration; but t'r:"I mlt~ pursuant to this section me,;,",., oscnbed in section 38-33,3-205 (ar crease the number of units in the 1)~ n the ongInal declaration pu '., ion 38-33.3,2]7 (4), rsuanf 'ective Julv ], ]992 L 98, E t' . ". n Ire iTEREST COMMUNITY ion. A unit owners' associatio , co ,. n s , . mmon Interest community is 1tlOn at all ~imes shall consist exc( Ie common Interest community or js under section 38-33,3-218,0; rhe aSSOCIatIOn shall be organized or as a lImIted liability company 'pt that the failure of the associati' 'Y WIll not adversely affect either t poses of this article or the rights an as speC1.fically provided in seed ctive July], ]992, 1. 98: Entir{ ) Except as provided in subse declaration, the association, wit ions; mditures, and reserves and co! ~mployees, agents, and indepen' i;. ministrative proceedinas in its natters affecting the co~mon j tent, and modification of co part of the common elements ~anie any right, title, or interest tlOns: d community may be conveyed' 38-33.3-3]2; and ' '}'<'n"'<~"':';:'~~'"' :,' ',:;~:,j"'G:";,,Q; Colorado Common Interest ~ ,mership Act 38-33.3-303 (Il) Part of a cooperative may 8e~~~Y@J1:~: OT ~Il or part of a cooperative may be sub- , ted to a security interest, only pursuanflo sectIOn 38-33.3-312; ~i) Grant easements, leases, licenses, and concessions through or over the common eleM lOeIlts; . f OJ Impose and receive any payments, fees, or charges for the use, rental, or operatIOn 0 th~ common elements other than limited common elements described in section 38.33.3- 1J2 (1) (b) and (1) (d); . ik) Impose charges for late payment of assessments, recover reasonable attorney fees d other legal costs for collection of assessments an~ other actions to enforce the power ~ the association, regardless of whether or not sui! wa~ initiated, and, afte,r notice and an , portunity to be heard. levy reasonable fines for VIOlatIOns of the declaratIOn. bylaws. and ~Ies and regulations of the association; (I) Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of unpaid assessments; (01) Provide for the indemnification of its officers and execufive board and maintain directors' and officers' liability insurance; (0) Assign its right to future income, including the right to receive common expense ",essments. but only to the extent the declaration expressly so provides; (0) Exercise any other powers conferred by the declaration or bylaws; (p) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (q) Exercise any other powers necessary and proper for the governance and operation of the association. (2) The declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations. imposed on the power of the association to deal with other persons., Source: L. 91: Entire article added, p, 1735, 9 ], effective July], 1992, 38-33.3-303. Executive board members and officers~ (1) Except as provided in the declaration. the bylaws. or subsection (3) of this section or any other provisions of this arti- cle, the executive board may act in all instances on behalf of the association, (2) (a) If appointed by the declarant. in the performance of their duties, the officers and members of the executive board are required to exercise the care required of fiducia- ries of the unit owners. (b) If not appointed by the declarant, no member of the executive board and no officer shall be liable for actions taken or ()tpissions il1ade in the performance of such member's duties except for wanton and willful acts or Omissions. (3) The executive board may not act on behalf of the association to amend the declara- tion, to terminate the common interest community, or to elect members of the, executive board or determine the qualifications, powers and duties, or terms of office of executive board members, but the executive board may fill vacancies in its membership for the unex- pired portion of any term. (4) Within thirty days after adoption of any proposed budget for the common interest community, the executive board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the unit owners and shall set a date for a meeting of the unit Owners to consider q.tification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the summary. Unless at that meeting a majority of all unit owners or any larger percentage specified in the declaration reject the budget, the bud- get is ratified, whether or not a quorum is present, In the event that the proposed budget is r7Jected, the periodic budget last ratified by the unit owners must be continued. until such lime as the unit owners ratify a subsequent budget proposed by tbe executive board, (5) (a) Subject to subsection (6) of this section: (]) The declaration, except a declaration for a large planned community, may provide for a period of declarant control of the association, during which period a declarant, or per- sons designated by such declarant, may appoint and remove the officers and members of t~e executive board. Regardless of the period of declarant control provided in the decl~ra- hon, a period of declarant control terminates no later than either~sixty days after con- veyance of seventy-five percent of the units that may be created to unit owners other than j ~ , , I r-. r') Recorded at #363236 11/12/93 16: 10 Rec $170.00 Elf( 730 F'G 606 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Reception Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 SUBDMSION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (fonnerly Pfister Ranch/Golf) / r'l (""\ /. and kitchen area; recreational ameninesUlc1ii1ffiig'Btitiioflliriired to pools, health clubs, exercise I rooms, steamrooms, saunas, massage rooms, showers; linen storage rooms, maid service areas, laundries; guest storage; storage for condominium unit owners; ski lockers; loading and unloading docks, service elevators, trash storage, maintenance area and storage; and circulation corridors and elevator areas for the foregoing. All other uses located subgrade may be exeI11!ltcd from floor area calculations upon the special review recommendations of the Planning and Zoning Commission and approval of the Board if they frod the use to be accessory and subordinate to the principal use. Review criteria to be used in determining if a use is accessory and subordinate to the principal use are as follows: 1) potential impacts generated by the use; 2) the amount of floor area involved,. including the amount of space above grade to be . made available for the principal use if the space is exempted; 3) consideration of whether the use will be used primarily by occupants or residents of the project or other persons in the community. . Above grade balconies and decks consnuc+..ed in the AR-l Zone District, including these covered by a roof or floor above, shall be excluded from fleor area calculations when the area of such balconies and decks is less than or equal to fifteen percent (15%) of the allowed floor area; all area of above grade decks and balconies over fifteen percent (15%) of the allowed floor area shall be included in the floor area. SETBA CK means an open spaCe at grade between a structure and the property line of the lot on which the strUcmre is located. The setback' shall be unoccupied and unobstructed from the ground upward, except for fences or as otherwise provided in this chapter. In measuring a setback, the horizontal di,stance between the lot line and the closest projection of the principal or accessory building shall be used. STRUCTURE means anything consnucted, installed, or portable, which requires location on the ground. It includes yurts and tepees and movable buildings which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Snucmre" also includes roads, walkways, paths, fences, swimming pools, tennis courts, signs. sheds, and other accessory construction. "Structures" do not in.clude fences or walls used as fences less than six feet (6') in height; poles. lines, cables, or other transmission or distribution facilities of . . public utilities; bus shelters less than 200 square feet in size. YARD means an open space which is unoccupied and unobstructed from the ground skyward, except as otherwise provided below: 1111111111111111111111111111I111111I1111111111111111111 404428 05/15/1997 10:5SA ORDINANCE 8 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ., ()' .". I ! a. Projections into required yards. Yards shill be unobsttUcted from the ground to the sky except for the following: 1) Uncovered porches, slabs, patios, terraces, walks, steps, retaining walls and similar sttUctureS, which do not exceed thirty inches (30") above or below natUral grade - No restriction; 2) Fences, hedges, berms and walls less than six feet (6') in height are permitted within yard setbacks, except on comer lots where no fence, retaining wall, hedge, berm. or similar , obstrUCtion shall be erected or maintained which obstrUCts traffic vision; nor on comer lots shall any fence, retaining wall, hedge, berm. or similar sttUcture be erec-.ed or maintained which exceeds a height of forty-two inches (42") measured from street grade within twenty feet (20') of the comer. YARD, FRONT means a yard extending the full width of the lot, the depth of which is - measured as the least horizomal distance between any point on the front lot line and point of the sttUcture or use {such distance being referred to as the "front yard setback"). . YARD, REAR means a yard extending the full width of the lot, the depth of which is measured as the least horizontal distance between any point on the rear lot line and point of the structure or use (such distance being referred to as the "rear yard setback"). In the event of a triangular lot, the owner shall designate one line as the side nnd one as the rear lot line. YARD, SIDE means a yard extending the lengr.h of the lot between the front and rear yard setbacks (or lot line in the absense of yard requirements), the width of which is measured as the least horizontal distance between any point of the structure or use (such distance being referred to as .the "side yard setback"). In the event of a triangrllar lot, the owner shall designate one line as the side and the other as the rearlot line. (Ord. 95-6 99 8, 11,13,1995; Ord. 94-169 14) 1111111111111111111111111111I111111I1111111111111111111 404428 0!5/1!5/1997 10:!56AORDINANCE 9 of 14 R 71.00 D 0.00 N 0.00 PITkIN COUNTY CLERK -- '!!!!!! >- I- =!i o U Z - M -"" =UJI- _UM _ZlL !!!!!! ~ IS) =Mm -~..; _0 _ Z =<1: -IDlSl _lPlSl -61S -... - 0 !!!!! r-- -G)CS,') iiiiiO)C5iJ !!!!!!~...; _lOr-- -... -''''' =~.. -... -.., =N"'- -"'0 -... !!!!!Scg -...... -- -- t""', ....- Exhibit A f! I - ~ Ei . . -- ~. . . . . i1- -~ ..cg ~. ~. -;:: < . ~ - :~ f< '" '" '" ~ E . E " E . ;; . . a = - . ~-S .'" ! :: ~ - - . t,; ;; E . c " E . ;; . . E c i~ . .. ! :: ~ . - . u = .. - z Z - - N :>- I- C <: <::. ~ '" <: \i: "..0 I'" - ~ -< on -< on <: '" '" '" '" '" '" '" '" :>--- . - ~=. ::;Z - - - - " " :..)N ~ In en ;;; It <::. I~ ~, '" '" <: '" , o ..., '" on on "' '" N ~ c:: c:: <: <: '" - - :i .. ;.. ..., ..., -C " .. 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Ii- :, ~~~ ~[b~' t""\ ^ ~' ~ ~ ~~ "" "" """ " 1!l1< ~~ - '~1 -;'c CD "f."." 8.~ _ ~ ~ g :I: !il ;; ~ ~ .~~ ~ 0 ~ '" ~ ~~ ~ ~l' t;l .' :::9 '. ~. < ~ . !:l.~" ~ ~ !mt> ~ . 'Jilt . I!: If' '" 1IiI' l:l 't ~ ~" ~ Il~ ~ ~3 ~ ~ ,,'.,1' ".~;, r (I, , I I , , I ! I I ,II , 'I \ ~ . -..; ~ , , , ~~ '.0 ';; 8.m ~ , , ....e- 5 ~ J~~ i ;).~ o ~ '-J ~Il ~ ,.,;~ :I: ~ Uo 0; '" .. \l' ,._lI;~ ~ _. ~.... , ,'" :; i \ c. !" =0-0 ~.:.~.! , ". r:~~;P:r~ '" l1il' < . '" 'Il ....::; u; 9' A O:.;riI! .." ,', ',' ~ ~tuH~ ~ R lnn ;~1 ~dh . ~. ~ ~E~-5 E ~ ~ , ~ ~i!h'.~l I;. ~. i g~~& ~ ~~ i . ~ d ~dd ~ d ~ " z: ~ Ra~1 R ~h Q ~ ~~~2 i ~~ ~ ~. , i It ~ ~ ~!. '"0, d dg f ~p Q '. ~ ~!~ ~ ~i l <:. i iil~ I ~;!. ~ '" a E8~1 d a -l .. ~h~ ~ ~ VI , ..". "~ . .\, ~C:,.,..'~~, j f"\ f""'\ #364075 12/02/93 16:32 Rec $195.00 BK 733 PG 607 Silvia Davis, Pitkin Cntv Clerk, Doc ..00 ~ 3.8 Enforcement. The Association shall have the right and power to bring suit for legal or equitable relief for any lack of compliance with any provisions of this Declaration or rules promulgated by the Board or SARe. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time provided, such fines may be collected as an Assessment Lien. The failure of the Association to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. ~ -=-~ 3.9 Power of the Association. Each Owner agrees that the Association has all the powers granted it by the Colorado Nonprofit corporation Act and any amendments thereto or replacements thereof and the Act, including all of the powers described in section 38-33.2-302 of the Act. Such powers shall include, without limitation, levying Assessments against Owners, imposing a lien on Lots for any unpaid or uncollected Assessments or penalties, and foreclosing any, such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and regulations, the defending, prosecuting or intervention in litigation on behalf of all Members, the borrowing of monies for Association purposes and the right to pledge future income in order to secure such borrowings. The term "pledge of future income" shall include the right to impose a Special Assessment ,for repayment of such borrowings and to assign such Special Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise anY,other right, power or privilege given to it expressly by this Declaration, the Articles and By-laws, or by the Act, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. .. 3.10 Association Records. The Association shall maintain financial records sufficient to enable the Association to 9 f /~ .~: ;.~. V) ~ ~ ~ai~ ; '~'~~i~!liil .. ~ ~ 0 ~ ~ ~~~~ ~ '~ ,& ~~ .I 7hl ~ . ~ ! ~ .~ ,~! ~ ' 0.. n S ~ i'~ ~ . .~ 1 'I q!ill : ~ \. q& ~ ,~!~ ~ \:Ii ~ d Ii . ~~~~ ~ - Hl ~ ~eil i ' \j5 i ~ l~'gi~~; ~ "8'*!~ ~h~~ ~ '~~i!n!l~ ~ ,:, :~, ,. ~ " , " ;j: :< . :~ 0' \ ~N ~ - . " , 'l--r~ 0- 3 0.__ ,:a". ~ .. ~ 'tli! ..... ,,\;,,-.. .. ~ ~ :<> '0 ~ i~ '" ~ lid&1 M ~, ''F N "w., . , , , i ~\, 1 '.t> . " l. ,'c. / / / f ..; ;ll l>Er ~ <. .;! ..0 ~ ,& Pi .~ M ~ o "'" .dl ?l , 4~ , ~ 'li!!l N ~ t71~~ ~ ~ ~ .:<l " .~ ,. f'l . N .. N . - -8 N ~ ~g 3' ;f~~ 5 ~ ~ o ~ 2: ~'8 =>. {~'" g~ ;. [;;11 .ffil " =< " ~ o z ~ ~'8 =>. u', ~~ <= ~~ ~ ~ , ~ 'j , '?~JL I . ~~,:;: ~ 1 ~!Ji I ~",',' I ~ 1 :~~. C;'-:!J a , ~~ ~ .. ~~g !~~i I II ~ - , . Hji i It~ III III Iii! I', iil Iill 'Ih IIII Iii: 'Ill Ii" ffH (") 130 S, Galena SI. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax Aspen/Pitkin Community Development Department Fax To: Bill Lukes From: James Lindt Fax: 920-6986 Pages: Phone: Date: 11/14/01 Re: Revised Decision Notice CC: o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle . Comments: Please have Gary Albert sign this decision notice and have it recorded, Please return a copy of the recorded decision notice to me for our files, Also, please void out the other decision notice that you have, Thanks, James .", ( r f'l 91 \ \ , \ cO Z '" 'i c. \ \ \ \ I \ " ,cP', , 10, I 1'3\\ \ I, \ I \ ~I , \ " ;, '1 i I I I I / ' I I , ! ; , ,/ I' I ! I "V/'\\1/1 . " J . .. \. Or', ; ) .1, \ , \ \ , \ /_1\:08 \ \ \ S .\ \" I' 0' ' \ \ \ \, \ ' [' \ \ . - '\ " , -l.---~-~ -- \ ~-"\ .. " ) / \ /' \ 300131"<:; ...../' ) / 3G (J[-J';> ~NIGirr18 I ,,,/ / I /71 / / ,I I I \91\" - ~\H5 'lN31~3S"3 \ '" \ 3:;~rCJ jl0J, \ \ \ I I I I C, ( I I,ll \ 1 ! ' I ~L ,\ ~wvet: ~~ ~O-tG-+OO ~ge69 OG6 OL6 ./ ~ ~ t:ry ~ ,~ ~ ,~ , ..! ~ ~ .-'1",/ o ~ t:J ~ --- ~ Q':';'0~"'"1'""' v;;.-! 'liiEEP' ... - _I.., =' ~- -'-9'or0-2 -\j -------- GIG aBed ~sa+e100SSV + sa~nl we1TT1M :A8 +uas