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17.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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17.3PUD Control Document
PUD CONTROL DOCUMENT, DEVELOPMENT
AND VESTED RIGHTS AGREEMENT:
STAGE ROAD SUBDIVISION/PUD
17.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 2
Index
ARTICLE ONE: General Provisions, Definitions and Purposes ……………………………..……………………6
1.1 The Property ………………………………………………………………………………………………..……6
1.2 The Development Plan …………………………………………..…………………………..…………..6
1.2.1 Development Plan defined ……………………………………………………………………………….6
1.3 Effect of PUD ……………………………………………………………………………………………………..6
1.4 The Purpose ………………………………………………………………………………………………..……7
1.5 The Development …………………………………………………………………………………………..….. 7
1.6 Name ………………………………………………………………………………………………………..…... 7
1.7 Authority ………………………………………………………………………………………………………..… 7
1.8 Amendments …………………………………………………………………………………………………..… 7
ARTICLE 2: Development Requirements and Restrictions
2.1 Zoning and Regulatory Approvals……………………………………………………………………………… 7
2.1.1 Resolution and Ordinance of Approval ………………………………………………………………… 7
2.1.2 Entitlements and PUD Variations ………………………………………………………………….…. 8
2.1.2.1 Fathering Parcel Entitlements and Approved Variations
to the (C) Conservation Zone District ………………………………………………………………. 8
2.1.2.1.1 Fathering Parcel - Existing Units - ADU Requirements …………………………………. 9
2.1.2.1.2. The Cabin - Environmental Reviews and Restrictions ……………………...………. … 9
2.1.2.1.2.1 The Cabin - Access and Fire Protection ……………………………………....... 9
2.1.2.2 Cultural Use Area: Entitlements and Approved Variations to the (P) Public Zone District … 10
2.1.2.3 Fathering Parcel - Restriction Against Certain Uses, Further Subdivision
and Dimensional Variations ………………………………………………………………….10
2.1.2.4 Ranch Manager’s Lot …………………………………………………………………………… 10
2.1.2.5 Free Market Lots ……………………...……………………………………………………..……11
2.1.2.5.1 Free Market Lots - Floor Area …………………………………………………. 11
2.1.2.5.2 Free Market Lots - Building Envelopes, Landscaping, Etc. ………………… 11
2.1.2.5.3 Free Market Lots - Accessory Dwelling Units …………………………………11
2.1.2.5.4 Free Market Lots. Maroon Creek Viewplane ………………………………... 12
2.1.2.6 Calculation of Floor Area …………………………………………………………..12
2.1.2.7 Further Subdivision ………………………………………………………………………………..12
2.2. Exactions and Restricted Lands …………………………………………………………………...…………..12
2.2.1 20 Acre Parcel …………………………………………………………………..…………………….…..12
2.2.1.1 Satisfaction of Affordable Housing Mitigation Obligations ……………………………..……...13
2.2.1.2 Timing of Production of Affordable Housing Units ………………………………………………13
2.2.1.3 Dog Restriction - 20 Acre Parcel ………...…………………………..........……………...…….13
2.2.1.4 Parks And Play Fields ………………………………...………………………….………………13
17.5PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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2.2.1.5 Lease of 20 Acre Parcel ………………………………………………..………………..…..13
2.2.2 Conservation Easements - Fathering Parcel ……………………………………………..……….… 14
2.2.2.1 Timing of Grant of Conservation Easements ……………………..………………………..…. 14
2.2.2.2 Assignment of Conservation Easement ……………………………………...………………… 14
2.2.3 Conservation Easements - City - Back Bowl and Burlingame Ranch ……………………….… 14
2.2.3.1 Burlingame Ranch Conservation Easement …………………………………………………… 15
2.2.3.2 Back Bowl Conservation Easement …………………………………………………………….. 15
2.2.3.3 Conservation Easements - Additional Beneficiary…………………………………….……… 15
2.2.3.4 Fathering Parcel Agricultural Easements - Free Market Lots …………………..…………….. 15
2.2.4 Trails ………………………………………………………………………………………...……………. 15
2.2.5 Transportation Demand Management ………………………………………………….………..…… 15
2.2.6 Property Tax Valuation ………………………………………………………………..………………. 15
2.2.7 School Land Dedication Fees ……………………………………………………………………….… 15
2.2.8 Park Development Impact Fees ……………………………………………………….…………….… 16
2.3 Subdivision Improvements ……………………………………………………………………….……… 16
2.3.1 Roads - Common Access Drives, Access Road and Sidewalk, Curb and Gutter ………….……… 16
2.3.1.1 Common Access Drives ………………………………………………………………………… 16
2.3.1.2 Access by Stage Road ………………………………………………………………………….. 16
2.3.1.3 Access by Harmony Road ………………………………………………………………………. 17
2.3.1.4 Sidewalk, Curb and Gutter ……………………………………………………………………… 17
2.3.2 Utilities ………………………………………………………………………………………………. 17
2.3.2.1 Potable Water Supply ……………………………………………………………………………. 17
2.3.2.2 Sewer Service ……………………………………………………………………………………. 18
2.3.2.2.1 Stage Road PUD Internal Sewer System ………………………………………….. 18
2.3.2.3 Electric Service …………………………………………………………………………………… 18
2.3.2.4 Telephone, Cable TV, Fiber Optic and Natural Gas Utilities ………………………..………. 18
2.3.3. Cost Sharing and Reimbursement for Shared Utilities ……………………………………..…..…… 18
2.3.4 Cost of Subdivision Improvements ……………………………………………………………………. 19
2.3.5 Financial Assurances ………………………………………………………………………...………… 19
2.3.5.1 Administration of Letter of Credit ………………………………………………….………..…… 19
2.4 General Development Conditions …………………………………………………………………………….. 20
2.4.1 Protective Covenants - Stage Road PUD Homeowners Association …………..……………………..… 20
2.4.2 Design Guidelines ……………………………………………………………………………….…….… 20
2.4.3 Drainage ……………………………………………………………………………..………………...…. 20
2.4.4 Air Quality ………………………………………………………………………………………….….… 20
2.4.5 “Green” Construction ………………………………………………………………………………….… 20
2.4.6 Exterior Lighting …………………………………………………………………..………………...…… 20
2.4.7 Work in Public Rights-of-Way ………………………………………………………………….….……. 20
2.4.8 Damage to Public Rights-of-Way ………………………………………………………………….…… 20
17.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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2.4.9 Construction Hours ……………………………………………………………………………………… 21
2.4.10 Construction Management Plan ……………………………………………………………………… 21
2.4.11 Infrastructure and Removal of Fill ………………………………………………………………..……21
2.4.12 Erosion Control ………………………………………………………………………………….…..… 21
2.4.13 Street Impact Fees …………………………………………………………………………………..… 21
2.4.14 Storm Sewer ……………………………………………………………………………………….…… 21
2.4.15 Improvement Districts ……………………………………………………………………………....… 21
2.4.16 Fire Protection ……………………………………………………………………………………..…… 21
2.4.17 Fencing ………………………………………………………………………………………..………… 21
2.4.18 Dog Restriction - Stage Road PUD …………………………………………………………….….… 22
2.5 Vested Rights ………………………………………………………………………………………………....… 22
ARTICLE 3: Miscellaneous Provisions
3.1 City Acknowledgment of Developer’s Reserved Rights – Assignment ……………………………………. 22
3.2 Recording …………………………………………………………………………………………………….. 22
3.3 Amendment ……………………………………………………………………………………….………… 22
3.4 Notices ………………………………………………………………………………………………………… 23
3.5 Waiver ………………………………………………………………………………………………………… 23
3.6 Binding Effect …………………………………………………………………………………………………. 23
3.7 No Third Party Beneficiaries …………………………………………………………………………………. 23
3.8 Additional Documents or Action …………………………………………………………………………….. 23
3.9 Execution in Counterparts ……………………………………………………………………………………. 23
3.10 Paragraph Captions …………………………………………………………………………………………. 23
3.11 Severability ………………………………………………………………………………………………….. 23
3.12 Additional Documents or Action …………………………………………………………………...………… 24
ARTICLE 4: Enforcement
4.1 Governing Law - Contractual Relationship - Venue - Attorney Fees ……………………………………… 24
4.2 Developer’s Remedy for Default by City – General ……………………………………………………….. 24
4.3 Developer’s Remedy for Default by City - Failure to Provide Roads and Utilities ……………………… 24
4.4 City’s Remedy for Default by Developer ……………………………………………………………………… 24
4.5 Actions Against Annexation and Development …………………………………………………….………… 25
EXHIBITS ……………………………………………………………………………………………………………. 28
17.7PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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PUD CONTROL DOCUMENT, DEVELOPMENT AND VESTED RIGHTS AGREEMENT:
STAGE ROAD SUBDIVISION/PUD
THIS AGREEMENT is made and entered into this _____ day of _____________, 2003, by and between
Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N.
Mill St. #203, Aspen, CO. 81611, (hereinafter "Developer"), and the City of Aspen, a Colorado home rule
municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereinafter
"City").
WITNESSETH:
WHEREAS, Developer is the owner and developer of certain real property located within the City, known as
the Stage Road Subdivision/Planned Unit Development (“Stage Road PUD”), as approved and more
particularly described in the City’s ordinance granting final plat and PUD approval, known as Ordinance No.
____, Series of 2004 (the “Ordinance”); and
WHEREAS, Developer has submitted to the City an Application for Final PUD Development Plan Approval
(the “Application”) pursuant to the Title 26, Land Use Regulations of the Aspen Municipal Code (the
“Code”); and
WHEREAS, the City granted its approval for the Final Plat for Stage Road PUD/ Subdivision (hereinafter the
"Plat") recorded as Reception No. _______ in the Pitkin County records; and
WHEREAS, the City has fully considered the Application and the Plat, the proposed development and
improvement of Stage Road PUD contained therein, and the effects of the proposed development and
improvement of said lands on adjoining or neighboring properties and property owners; and
WHEREAS, the City has imposed certain conditions and requirements in connection with its approval,
execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the
public welfare; and
WHEREAS, Developer is willing to acknowledge, accept, abide by and faithfully perform the conditions and
requirements imposed by the City in approving the Application and the Plat; and
WHEREAS, City and Developer have previously entered into a Pre-Annexation Agreement and certain
amendments thereto, the last and final version of which is known as the Amended and Restated Pre-
Annexation Agreement Bar/X Ranch which is attached hereto and incorporated herein by this reference as
Exhibit PAG-1 (the “Pre-Annexation Agreement”) for the Stage Road Subdivision / PUD (formerly known
as the Bar/X Ranch); and
WHEREAS, the Pre-Annexation Agreement, the Ordinance and the provisions of this Planned Unit
Development Control Document, Development and Vested Rights Agreement (the “Control Document” or
“Agreement”) and related approvals for Stage Road PUD provide for the conveyance by Developer of
certain real property within Stage Road PUD to the City for use as an affordable housing project, which,
together with certain other adjacent property owned by the City, is known as “Burlingame Village.” In
connection with such approvals and conveyances, Developer has reserved certain rights and has been
granted certain rights by the City, which the City agrees Developer shall have the right to exercise and the
parties wish to memorialize their agreements with respect thereto; and
17.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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WHEREAS, Developer and the City have made certain other agreements in connection with the development
of Stage Road PUD, some of which are set forth herein; and
WHEREAS, the Plat and related documents evidencing the final approval of the Stage Road
PUD/Subdivision constitute a site specific development plan under the provisions of the Code, Section
26.308.010, et seq. and § 24-68-101, et seq., C.R.S.; and
WHEREAS, the City has determined that, taking into consideration the size of the development, market
conditions, the investment in infrastructure made by the Developer and economic cycles, it is in the public
interest that the duration of vested rights be extended for a total of twenty-five (25) years.
NOW, THEREFORE, in consideration of the conveyance of real property by Developer to the City, and the
undertakings of the parties as set forth herein and in the Plat, the Ordinance and this Control Document, the
sufficiency of said consideration being hereby acknowledged, the parties agree as follows:
ARTICLE ONE: General Provisions, Definitions and Purposes
1.1 The Property
The land area (the “Property”) within the City of Aspen submitted to this Final Development Plan and
designated a Planned Unit Development is more particularly described as set forth on Exhibit A, attached
hereto and incorporated herein by this reference. The Property is subdivided as set forth on the Plat.
1.2 The Development Plan
The Development Plan for Stage Road PUD/Subdivision is intended to promote the beneficial and creative
development of the Property through the use of the Planned Unit Development process. The Development
Plan is designed to promote the preservation of agricultural lands, the conservation of environmentally
sensitive areas, the compatible development of residential lots and to allow for uses which the community
deems important to its cultural and academic vitality. In addition, as provided for herein, the conveyance to
the City by Developer of an approximately twenty-one and one-half (21.5) acre parcel of land (the “20 Acre
Parcel”) for creation of Burlingame Village will significantly assist the City in its goal of providing affordable
housing; all of the foregoing being consistent with the Aspen Area Community Plan and the Code.
1.2.1 Development Plan defined
As used herein, the term “Development Plan” means the Final Development Plan for Stage Road
PUD/Subdivision consisting of Ordinance No. ______, Series of 2004; Development Order issued
therefore, this Control Document and all Exhibits hereto; the Plat; the Pre-Annexation Agreement, as
amended; the Declaration of Protective Covenants for Stage Road PUD/Subdivision (the “Declaration”);
the Declaration of Architectural Restrictions for Stage Road Subdivision, the Design Guidelines for Stage
Road PUD/Subdivision, the utility and other engineering plans, specifications and associated
documentation, (herein “Plans and Specifications”); the Final Zone District Map for Stage Road
PUD/Subdivision and the Final Subdivision Plat submission.
1.3 Effect of PUD
The approval of this PUD, constitutes a Zone District Amendment and a zoning of the Property through the
imposition of overriding regulations, guidelines and standards. To the extent not specifically modified or
varied by the Development Plan, the provisions of the Code shall remain applicable to the Property.
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Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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1.4 The Purpose
The purpose of this PUD Control Document is to set forth and define the zoning and the overriding
regulations, guidelines and standards which shall apply to the use and development of the Property. This
PUD Control Document shall constitute an agreement between the City and Developer, and shall be
enforceable by the City and by Developer and its successors and assigns as set forth herein. In the event of
any conflict between the terms of this Agreement and the Ordinance, the terms of this Agreement shall be
given paramount effect. The Pre-Annexation Agreement and its amendments also contain rights, terms and
conditions which shall govern the development of the Stage Road PUD and Burlingame Village, many of
which are not set forth in this Control Document. Such provisions are not superceded by this Control
Document and shall be given effect except where there is a direct conflict between such provisions and the
terms of this Control Document, in which case this Control Document shall be given paramount effect.
1.5 The Development
As used herein, the term “Development” shall mean the PUD as defined below.
1.6 Name
The name of the Planned Unit Development to be governed by this PUD Control Document is Stage Road
PUD/Subdivision sometimes referred to herein as the PUD or as Stage Road PUD.
1.7 Authority
The establishment and designation of the Property as a Planned Unit Development is authorized by the
Planned Unit Development Act of 1972, C.R.S. § 4-67-101, et seq. and by Section 26.445 et seq., of the
Code.
1.8 Amendments
The parameters of the Development Plan for the PUD have been established and approved by the City
Council of the City of Aspen pursuant to and in compliance with all notice, hearing and procedural
requirements of State law and the Code. The Development Plan for the PUD may be amended from time to
time, but only with the approval of the owners of the lands within the PUD to the extent required by the
Declaration. Prior to applying to the City of Aspen for amendment to the Development Plan, an applicant
shall, if necessary as may be required by the Declaration, obtain written approval for the amendment from the
other owners of lands within the PUD. Residents and owners of property within the PUD hereby expressly
waive any right to enforce the provisions of the Development Plan pursuant to § 24-67-106, C.R.S.
ARTICLE 2: Development Requirements and Restrictions
2.1 Zoning and Regulatory Approvals.
2.1.1 Resolution and Ordinance of Approval
The Stage Road PUD was processed under the special procedures of the Development Reasonably
Necessary for the Convenience and Welfare of the Public (“COWOP”) provisions of the code Section
26-500, et seq. Conceptual subdivision and PUD development plan approval for Stage Road
PUD/Subdivision was granted by the Burlingame COWOP Task Force and by the Aspen City Council.
Final subdivision and PUD development plan approval for Stage Road Subdivision/PUD was granted by
the Aspen City Council in Ordinance No. _____, approved and adopted on _________. By adoption of
the Ordinance the Aspen City Council annexed the Property into the boundaries of the City, granted Final
17.10 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 8
PUD Development Plan and Subdivision Approval for Stage Road PUD, consisting of, among other
things, the creation of twelve (12) single family lots (the “Free Market Lots”), a parcel shown on the Plat
as Lot F and known as the “Fathering Parcel” with certain rights as set forth herein to develop five free
market single family residences, including one Cabin (the “Cabin”) located at the Cabin Site shown on
the Plat (the “Cabin Site”), a Ranch Manager’s residence parcel to be restricted as a Resident Occupied
Affordable Housing Unit (the “Lot RM”), the creation of two (2) conservation easement areas, PUD
approval for Lot C (“Cultural Use Area”) within which certain educational and cultural uses and facilities
(the “Cultural Uses ”) may be developed and maintained and zoning of the Property to several zone
districts which are appropriate for and which will facilitate the development thereof and which are
consistent with the City of Aspen Annexation Plan - August 2002. The Ordinance also granted a growth
management quota system exemption for the Free Market Lots, the development approved for the
Fathering Parcel, Lot RM, Lot C and the Accessory Dwelling Units (“ADU”) allowed on the Free Market
Lots. The exterior boundaries of the Free Market Lots, the Fathering Parcel, Lot C and the Lot RM, the
two (2) Conservation Easement areas are depicted on the Plat which will be recorded
contemporaneously with this Agreement. The Plat also depicts the allowed building envelopes and
resulting set backs within the Free Market Lots.
2.1.2 Entitlements and PUD Variations
Pursuant to the Pre-Annexation Agreement, the Property is entitled to develop the Fathering Parcel, Lot
C, the RM Lot and the Free Market Lots in accordance with its terms (the ”Entitlements”). The
Entitlements are set forth below and to the extent they require variations in the dimensional requirements
for the (C) Conservation zone district, the (P) Public zone district and the AH/PUD zone district, such
variations are approved as part of the Development Plan.
2.1.2.1 Fathering Parcel Entitlements and Approved Variations to the (C) Conservation Zone
District
The Fathering Parcel is zoned (C) Conservation. The Fathering Parcel contains fifty (50) acres and
shall be permitted to have one main residence, up to three (3) additional residences (the “Four
Residences”) and the Cabin. The allowable floor area for the Four Residences shall be the
aggregate of 15,000 square feet. This allowable floor area of 15,000 square feet may be increased to
a total of 18,000 square feet with the purchase and extinguishment of up to two (2) transferable
development rights (“TDR”), as such TDR’s are established under the Pitkin County Land Use
Code, from sending sites located anywhere in Pitkin County. For purposes of this paragraph, each
such TDR shall allow the construction of an additional 1,500 square feet of allowable floor area. In
the event that TDR’s are not available for purchase after a reasonable effort is made to do so, or the
City Council rejects a specific TDR proposed for use by the land owner, a payment-in-lieu, in the
amount of $200,000.00 plus an amount equivalent to any increase in the Consumer Price Index
(hereinafter “CPI”) as calculated by the method suggested by Exhibit K, attached to the Pre-
Annexation Agreement shall be made to the City’s Open Space Fund in order to increase the
allowable sizes of the houses up to the maximum stated herein. The total allowable floor area may
be divided among the Four Residences at the option of Developer. Such allocation shall be
evidenced on the Plat or if not so designated at the time of recording of the Plat, in a subsequently
recorded document. The Cabin located at the Cabin site as shown on the Plat shall have an
allowable floor area of 1,500 square feet. The floor area of all non-residential ranch buildings shall be
excluded in the calculation of allowable floor area for the Four Residences and the Cabin on the
Fathering Parcel. The External Floor Area Ratio of the Conservation zone is hereby varied to allow
the floor areas referred to above and the Maximum Allowable Volume requirement is hereby varied
to “No Requirement.” Other zone district dimensional requirements in the following categories for the
17.11PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
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residential and other uses in the Conservation zone district are not applicable and there shall be “No
Requirement” for: Minimum lot width, Minimum front yard setback, Minimum side yard setback,
Minimum rear yard setback and Minimum lot area per dwelling unit. All residential dwelling units
created on the Fathering Parcel shall comply with the Stage Road Residential Design Guidelines
(the “Design Regulations”) attached hereto and incorporated herein by this reference at Exhibit
DR-1, to be recorded contemporaneously with the Plat and this Agreement. Other than compliance
with standard building permit requirements which are generally applicable to residential buildings and
which do not involve land use or zoning regulations or requirements, no further City reviews or
approvals are required in connection with the development of the Fathering Parcel which is in
compliance with the terms of this Control Document.
2.1.2.1.1 Fathering Parcel - Existing Units - ADU Requirements
The Fathering Parcel, as of the date hereof, contains four dwelling units. They are generally
described as follows: 1) a four bedroom single family residence of approximately 2,500 square
feet in size; 2) a two bedroom single family residence of approximately 1300 square feet in size;
3) a duplex building containing two dwelling units as follows: a three bedroom apartment of
approximately 1300 square feet in size and a two bedroom apartment of approximately 1300
square feet in size. If any existing residential unit on the Fathering Parcel is replaced with a new
unit that exceeds 4,000 square feet of floor area, then an ADU shall be either constructed or be
exempted by the purchase and extinguishment of a TDR from Pitkin County or by a payment-
lieu thereof in the same manner as for other Free Market Units as set forth in Section 2.1.2.5.1
below.
2.1.2.1.2. The Cabin - Environmental Reviews and Restrictions
The site of the cabin shall be as shown on the Plat, which site has been determined to be
outside of sensitive areas regulated by Sec. 26.435.040 of the Code or any other provisions of
said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and
other similar matters. However, any change in the location of the cabin site may require, if
applicable, its development to be reviewed and approved by the Planning & Zoning Commission
pursuant to the standards of review set forth at Section 26.435.040 of the Code or any other
applicable provisions of said Code related to aesthetics, wildlife migration corridors, river impacts
and other similar matters in effect on the date of this Agreement. The Maroon Creek Canyon
Conservation Easement, referred to in Section 2.2.2 below shall contain restrictions which limit
lighting of the Cabin to periods of time when it is occupied, and prohibit dogs (other than farm
dogs belonging to owners or employees of the Stage Road PUD, and specially trained service
dogs for use by visually impaired persons or persons with other medical needs) from the cabin
site.
2.1.2.1.2.1 The Cabin - Access and Fire Protection
Due to the desire to avoid direct, year round, road access to the Cabin, alternative access
such as via a stairway or funicular will be permitted and in such case the cabin shall be
sprinklered, a fire hydrant, hoses and other non-vehicular fire fighting equipment shall be
placed at or near the cabin and the Developer shall execute a waiver and release of claims
in favor of the City and all emergency service providers for any injuries, death, or property
damage which may occur due to the absence of a year round road to the cabin.
Construction of the Cabin may take place only during the months of July through
September. Following the construction of the cabin, Developer shall be responsible for the
complete restoration of any new construction access roads or new utility access easements
17.12 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 10
required during construction. The Maroon Creek Canyon Conservation Easement, referred
to in Section 2.2.2 also below contains restrictions with respect to the Cabin.
2.1.2.2 Cultural Use Area: Entitlements and Approved Variations to the (P) Public Zone
District
The Cultural Use Area shown as Lot C on the Plat consists of 3.00 acres and is zoned (P) Public.
Permitted uses under this zone include all the requested uses, and an exemption from GMQS under
26.470.070.H – Essential Public Facilities is available and approved for the following uses and
facilities, densities, floor area and dimensional variations:
The Cultural Use Area will be restricted to public and private non-profit uses providing a community
service, according to 26.710.250 – the P (Public) Zone District. Two building complexes are
approved: (1) a Residential Teaching House to accommodate visiting guests of non-profits, such as
artists, musicians and lecturers, and (2) a Cultural Building which houses the non-residential
facilities. The Residential Teaching House may contain 12 two bedroom apartments together with
common spaces and usual ancillary spaces, all not to exceed 11,200 sq.ft. total floor area. The
“living room” areas of these apartments will be designed for use as art studios, practice rooms, or
seminar rooms during working hours. The Residential Teaching House will also contain one ADU not
to exceed 800 sq.ft. for an employee caretaker.
The Cultural Building contains an office; library; teaching spaces and workshops; and a gallery or
large teaching space which can also function as an assembly hall not to exceed 150 seats, all not to
exceed 7,000 sq.ft. in total floor area. The Cultural Building will also contain one ADU not to exceed
800 sq.ft. for an employee/caretaker.
These two buildings will use high-mass, passive solar construction. They are limited to a single story
and their flat roofs will be landscaped to match the natural terrain surrounding them. The Residential
Teaching House will be set into a natural swale, and to the east, north, and west the roof will not rise
above the elevation of the surrounding ridges. The Cultural Building is set on an existing bench in the
landscape, and its roof will not rise above the ridgeline to the south of it. Parking for 30 cars, either
entirely surrounded by a landscaped berm or provided at a basement level, will be constructed.
This lot shall have the right to connect to the Burlingame Village public road system via the easement
retained through the 20 Acre Parcel.
2.1.2.3 Fathering Parcel - Restriction Against Certain Uses, Further Subdivision and
Dimensional Variations
The allowed uses on the Fathering Parcel are limited to the foregoing described residential uses and
agricultural, equestrian, recreation, cultural, academic or open space uses and other ranch and farm
type uses. All lands that are subject to the Agricultural Lands Conservation Easement, described in
Section 2.2.2 below, shall be limited to the above uses or shall be required to remain in their natural
vegetative state. The term “natural vegetative state” includes the introduction of indigenous plant and
tree species, and agricultural crops. The Fathering Parcel is hereby restricted against further
subdivision, except that this restriction shall not limit an amendment to the development plan which
results in residential density that is equal to or less than the density approved under this Agreement.
No high intensity agricultural uses such as hog farms, feed lots or large-scale animal or food
processing operations are permitted.
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2.1.2.4 Ranch Manager’s Lot
The Plat identifies the location of a residential lot, zoned AH/PUD, on the Fathering Parcel, near the
20 Acre Parcel, for use as a Resident Occupied Unit for use by the ranch manager of the Stage
Road PUD (“Ranch Manager’s Lot” or “Lot RM”). This lot shall have the right to connect to (1) the
Burlingame Village public road system, and (2) adjoining Burlingame Village utilities. The owner of
the Fathering Parcel shall have the right to use this lot in any manner allowed by the City of Aspen
Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines, including retaining or
disposing of title and/or retaining an option to repurchase it from a ranch manager upon the
cessation of employment of such ranch manager with the Stage Road PUD, provided that the lot is
occupied by an employee engaged for employment on the Stage Road PUD. Before the recordation
of the Plat, Developer shall prepare for the City Attorney’s review, a deed restriction consistent with
this paragraph to be recorded along with the Plat. The Ranch Manager’s Lot shall not be counted
towards the number of affordable housing units proposed as part of Burlingame Village. Neither the
cost of building the Ranch Manager’s Lot nor the cost of extension of any utility lines such as water,
electric, cable, etc. from Burlingame Village to the Ranch Manager’s Lot, shall be at City’s expense.
2.1.2.5 Free Market Lots
Developer shall have the right to develop a total of twelve (12) Free Market Lots known as Lots 1
through 12 as shown on the Plat, with the right to develop a single family dwelling unit and accessory
uses on each of said lots.
2.1.2.5.1 Free Market Lots - Floor Area
The allowable floor area of each single family dwelling, exclusive of accessory buildings, on
each of the 12 Free Market Lots shall be 7,500 square feet. The allowable floor area of each
dwelling unit may be increased to 10,000 square feet with the purchase and extinguishment of
one TDR. For purposes of this provision, each TDR shall allow construction of 2500 square feet.
In the event that TDR’s are not available for purchase after a reasonable effort is made to do so,
or the City Council rejects a specific TDR proposed for use by the land owner, a payment-in-lieu,
in the amount of $200,000.00 plus an amount equivalent to any increase in the Consumer Price
Index (hereinafter “CPI”) as calculated by the method suggested by Exhibit K, attached to the
Pre-Annexation Agreement shall be made to the City’s Open Space Fund in order to increase
the allowable sizes of the houses up to the maximum stated herein.
2.1.2.5.2 Free Market Lots - Building Envelopes, Landscaping, Etc.
Building envelopes for each Free Market Lot are shown on the Plat. All urban landscaping within
the building envelopes shall be limited to within 100 feet of building exteriors or as further
restricted in the Design Guidelines. Landscaping, ponds, fences, and ranch, farming, equestrian
and recreational uses and accessory structures associated with equestrian activities shall be
allowed outside of building envelopes on all Free Market Lots. Areas of lots not subject to these
uses and outside of the area within which urban landscaping is allowed, shall be required to
remain in their natural vegetative state. The term “natural vegetative state” may include the
introduction of indigenous plant and tree species. A landscape plan will be recorded along with
the Plat. Additional landscaping requirements are set forth in the Design Regulations.
2.1.2.5.3 Free Market Lots - Accessory Dwelling Units
Each dwelling unit on a Free Market Lot shall include an Accessory Dwelling Unit (“ADU”) with a
minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be
constructed shall be constructed at the same time as the construction of the Free Market
17.14 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 12
dwelling unit to which it is attributable. The ADU’s shall be subject to the occupancy
requirements and allowances of the City’s ADU regulations in effect on June 1, 2000, a copy of
which is attached hereto and incorporated herein by this reference at Exhibit ADU-1. The
ADU’s may be either attached to the main residence or may be detached. The requirement to
build an ADU may be exempted with the purchase and extinguishment of a TDR. In the event
that TDR’s are not available for purchase after a reasonable effort is made to do so, or the City
Council rejects a specific TDR proposed for use by the land owner, a payment-in-lieu, in the
amount of $200,000.00 plus an amount equivalent to any increase in the Consumer Price Index
(hereinafter “CPI”) as calculated by the method suggested by Exhibit K, attached to the Pre-
Annexation Agreement shall be made to the City’s Open Space Fund in order to increase the
allowable sizes of the houses up to the maximum stated herein.
2.1.2.5.4 Free Market Lots. Maroon Creek Viewplane
Construction on the Free Market Lots 7, 8, 9, 10, and 11 shall not impact the “Maroon Creek
Viewplane” as depicted on the Plat. The purpose of the Maroon Creek Viewplane is to ensure
that no rooms, decks, or lighting constructed on these Free Market Lots located above the
Maroon Creek Canyon create an adverse visual impact when viewed from the floor of the
Maroon Creek Canyon immediately below each Free Market dwelling unit. The Declaration of
Architectural Restrictions for Stage Road Subdivision includes a covenant prohibiting
construction which encroaches within said viewplane and the City of Aspen shall be a
beneficiary of this covenant. The covenant shall require that prior to construction on any such lot,
a site specific analysis by a certified surveyor or engineer demonstrating that the proposed
construction, conforms to the Plat restriction shall be reviewed and approved by the Community
Development Department.
2.1.2.6 Calculation of Floor Area
The calculation of allowable floor area for all structures and units approved for development in the
Stage Road PUD shall be made in accordance with the City’s floor area regulations in effect as of
June 1, 2000, a copy of such regulations is attached hereto and incorporated herein by this reference
at Exhibit FA-1; provided, however, the maximum allowable floor areas set forth in this Agreement
shall not be reduced (i.e., all required adjustments for calculating allowable floor area, such as steep
slopes, easements, etc., have already been considered in determining the floor areas set forth in this
Agreement), nor shall the square footage of ADU’s be included in the calculation of square footage
for the free market dwelling units on the Free Market Lots or the Fathering Parcel.
2.1.2.7 Further Subdivision
The Free Market Lots are hereby restricted against further subdivision, except that this restriction
shall not limit an amendment to the development plan for the Stage Road PUD which results in
residential density that is equal to or less than the density approved under this Agreement.
2.2. Exactions and Restricted Lands
2.2.1 20 Acre Parcel
The 20 Acre Parcel shall be conveyed by Developer to City by special warranty deed in the form of
Exhibit SWD attached hereto and incorporated herein by this reference following the recording of the
Plat and upon expiration of the Appeal Period as defined at Paragraph 20 of the Pre-Annexation
Agreement (attached at Exhibit PAG-1) or any other matter which affects the development of the Stage
Road PUD having been challenged and finally determined against the party challenging the Entitlements
17.15PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 13
or other rights granted by the City to the Stage Road PUD, and provided City has fulfilled all of its
obligations required by the Pre-Annexation Agreement to be performed prior to such conveyance. The
uses and limitations on density for the 20 Acre Parcel shall be as set forth in the Pre-Annexation
Agreement and its amendments. The deed conveying the 20 Acre Parcel shall contain use and density
limitations by reference to the Pre-Annexation Agreement and Developer’s reservations of access and
utility easements therein in accordance with the Pre-Annexation Agreement, and as set forth on Exhibit
SWD.
2.2.1.1 Satisfaction of Affordable Housing Mitigation Obligations
As stated in the Pre-Annexation Agreement and reiterated herein, the conveyance of the 20 Acre
Parcel to the City fulfills and fully satisfies all of Developer’s obligations for the provision of Affordable
Housing associated with the Stage Road PUD and any future affordable housing requirements
imposed by the City and Developer shall have no further or other obligations whatsoever with respect
to the construction or provision of affordable housing.
2.2.1.2 Timing of Production of Affordable Housing Units
The City shall, on a good faith efforts basis, develop affordable housing units on the 20 Acre Parcel
on a schedule commensurate with the development of the Free Market Lots by the Developer or the
purchasers of said lots. This effort contemplates that the City shall receive a Certificate of Occupancy
for three (3) affordable housing units at or before the time each Free Market Lot dwelling unit
receives final building inspections, until such time as the City has developed the minimum number of
affordable housing units required by the AH/PUD zone district to mitigate housing demands
generated by the development of the Free Market Lots and the Fathering Parcel. The development
of the Free Market Lots and the Fathering Parcel as allowed by the Development Plan, shall not be
delayed or hindered in any way in the event the City fails to develop these affordable housing units in
accordance with this Agreement.
2.2.1.3 Dog Restriction - 20 Acre Parcel
In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the General
Declarations of Covenants, Conditions and Restrictions to be imposed on Burlingame Village shall
include provisions and penalties that prohibit dog ownership (other than specially trained service
dogs for use by visually impaired persons or persons with other medical needs). The Burlingame
Village homeowners association shall be required through appropriate covenants to vigorously
enforce these restrictions. In the absence of effective enforcement of this provision by said
homeowners’ association, this restriction shall be enforced by the City.
2.2.1.4 Parks And Play Fields
City may construct play fields, including without limitation, baseball or soccer fields, within the 20
Acre Parcel. However, the City shall neither include any such fields as part of the City’s recreation
program nor shall the City schedule any organized activities of the City on these fields. Ownership of
these fields shall be vested in the homeowners association of Burlingame Village with appropriate
covenants ensuring maintenance and enforcement of regulations for their use.
2.2.1.5 Lease of 20 Acre Parcel
Subsequent to the conveyance to City of the 20 Acre Parcel and prior to commencement of
development activities on it for Burlingame Village, Developer shall have the right to lease the 20
Acre Parcel from the City for agricultural purposes. The rental amount shall be at prevailing rates for
grazing and crop production land. Any such lease shall terminate at such time as City commences
17.16 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 14
development of the 20 Acre Parcel. During the term of such lease Developer shall be entitled to use
the water rights appurtenant to the 20 Acre Parcel to maintain its historic irrigation.
2.2.2 Conservation Easements - Fathering Parcel
Developer shall place two conservation easements on certain portions of the Fathering Parcel. One
easement shall be placed on lands which contain valuable historically irrigated and agricultural lands (
the “Agricultural Lands Conservation Easement”), in the form of Exhibit AL-EAS-1, attached hereto
and incorporated herein by this reference. The other shall be placed on lands which are located on lands
that have important riparian and related wildlife values (the “Maroon Creek Canyon Conservation
Easement”),in the form of Exhibit MCC-EAS-1, attached hereto and incorporated herein by this
reference. These easements are collectively referred to herein as the “Conservation Easements.”
2.2.2.1 Timing of Grant of Conservation Easements
Developer shall record the Conservation Easements following the recording of the Plat and upon
expiration of the Appeal Period as defined at Paragraph 20 of the Pre-Annexation Agreement
(attached at Exhibit PAG-1) or any other matter which affects the development, having been
challenged and finally determined against the party challenging the Entitlements or other rights
granted by the City to the Stage Road PUD.
2.2.2.2 Assignment of Conservation Easement
At the time of the initial recording of the Conservation Easements, the City shall be the grantee and
beneficiary of them. At any time subsequent thereto, Developer shall have the right to designate a
successor grantee and beneficiary (“Successor Grantee”) of the City’s interests in either or both of
the Conservation Easements. Developer shall provide to the City, for its review and approval, a form
of assignment of the City’s interest in either or both of the Conservation Easements together with all
relevant information about the Successor Grantee. Provided that such Successor Grantee is a
recognized conservation, agricultural or preservation organization which has a demonstrated
capability to administer the particular easement which Developer wishes to have assigned, City’s
approval and execution of the assignment shall not be unreasonably withheld or delayed.
Notwithstanding such assignment, City’s consent shall be required for any amendment to the
Conservation Easements which changes the allowed use of the areas as permitted in the
Conservation Easements. City shall remain a beneficiary of the Conservation Easements in order to
exercise such rights.
2.2.3 Conservation Easements - City - Back Bowl and Burlingame Ranch
Adjacent to the Stage Road PUD is the City owned Burlingame Ranch. Within the Burlingame Ranch is
an area known as the “Back Bowl.” City agrees to place conservation easements within certain lands
located within Burlingame Ranch as provided for below. The precise terms of these easements shall be
determined during the land use approval process for Burlingame Village, however, the terms shall not
substantially differ from or diminish the conservation intentions of these easements as set forth below.
The easements shall be recorded against the Burlingame Ranch property at the time of final approval of
the first phase of Burlingame Village; provided, however, in the event such approval and recording does
not occur within one year after the date of recording this Control Document, City shall, nevertheless,
prepare the final text of such easements and provide said text to Developer for its review and approval,
which shall not be unreasonably withheld or delayed, and then, promptly record said easements. From
the date of recording this Control Document until said easements are recorded, City shall not undertake
any uses of the portions of the Burlingame Ranch which are to be subjected to the easements that are
inconsistent with the intentions of the provisions for the easements as set forth below.
17.17PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 15
2.2.3.1 Burlingame Ranch Conservation Easement
City shall place a conservation easement to the benefit of the City and the Aspen Valley Land Trust
or other similar organization, which prohibits further residential development on all of the Burlingame
Ranch east of State Highway 82, except for the Back Bowl (which is provided for in a separate
conservation easement described below), and except for Burlingame Village Parcel, Parcel B (the
MAA housing project), Parcels C and D (US West and Ventnor Avenue Housing projects) and a strip
of land which is 150 feet wide or to the toe of the slope (whichever is wider) of the Burlingame Ranch
which adjoins highway 82. The conservation easement shall protect open space values and its terms
shall be determined during the land use approval process for Burlingame Village.
2.2.3.2 Back Bowl Conservation Easement
The Back Bowl shall be made subject to a conservation easement dedicating its use to open space
in perpetuity. Said conservation easement shall be to the benefit of the City, the Aspen Valley Land
Trust or other similar organization.
2.2.3.3 Conservation Easements - Additional Beneficiary
The consent of the owner of the Fathering Parcel shall be required for any amendment to the
conservation easements placed on the Burlingame Ranch by the City which changes the allowed
use of the areas as permitted in the conservation easements. The text of said easements shall each
contain such requirement and Developer shall be named as a beneficiary of these conservation
easements in order to exercise such rights.
2.2.3.4 Fathering Parcel Agricultural Easements - Free Market Lots
Developer shall reserve, for itself and its permitted assigns, the right to conduct agricultural, farm,
ranch and related recreational and equestrian activities on certain portions of the Free Market Lots
(the “Fathering Parcel Agricultural Easement”) The location of the Fathering Parcel Agricultural
Easements are shown on the Plat and the terms of the reservations applicable to them are set forth
in the Declarations.
2.2.4 Trails
No public trails shall be required to be dedicated or created within the Stage Road PUD.
2.2.5 Transportation Demand Management
The methods of addressing TDM requirements are set forth in Exhibit TDM-1, attached hereto and
incorporated herein by this reference.
2.2.6 Property Tax Valuation
Any owner of a Free Market Lot who improves a lot with residential improvements which result in a new
property tax classification for such lot based on a change of use from agricultural to residential shall be
forever barred from subsequently applying for reclassification of such lot to anything other than a
“residential real property” category for property tax valuation and assessment purposes, as such term is
defined and applied in Section 39-1-102, et seq., C.R.S.
2.2.7 School Land Dedication Fees
The owner of each Free Market Lot shall pay the required School Land Dedication Fee to the City, which
is due and payable at the time of building permit application for the development of its lot. This fee shall
be assessed at the rate of the regulations and calculations in effect at the time of the building permit
application.
17.18 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 16
2.2.8 Park Development Impact Fees
The owner of each Free Market Lot shall pay the required Park Development Impact Fee to the City of
Aspen, which is due and payable at the time of building permit application for the development of its
parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of
the building permit application.
2.3 Subdivision Improvements
2.3.1 Roads - Common Access Drives, Access Road and Sidewalk, Curb and Gutter
City, at its sole expense, shall construct and install such roads as are required for the construction of
Burlingame Village and shall design the same to facilitate usage of Stage Road as the Primary access for
the Stage Road PUD. Not later than thirty (30) months (which may be extended by mutual agreement of
the parties) after the recording of the Plat for the Stage Road PUD, City, at its sole expense, shall have
extended all roads which may be necessary to facilitate access to the Stage Road PUD along Harmony
Road and Old Stage Road to the Fathering Parcel’s Eastern boundary with Old Stage Road in
accordance with the terms of the Pre-Annexation Agreement and its amendments and as shown on
Exhibit D to it (all attached hereto at Exhibit PAG-1).
2.3.1.1 Common Access Drives
Vehicular access to the Free Market Lots shall be along the private roads shown on the Plat and
named Stage Road (including the northern extension to existing Stage Road) and Stage Road
South. Developer shall be responsible to construct such northern extension to Stage Road in
connection with the construction of any dwelling units on Free Market Lots 7 through 12, and Stage
Road South in connection with the construction of any dwelling units on Free Market Lots 1 through
4. Lot 5, Lot 6, and the Fathering Parcel shall have direct access off existing Stage Road. Developer
shall be responsible for the improvement of existing Stage Road and the construction of the northerly
extension of Stage Road and the construction of Stage Road South, all as subdivision improvements
in accordance with Section 2.3.4 of this Agreement and according to the Plans and Specifications.
After completion of construction of said roads, all costs associated with the maintenance and repair,
including snowplowing, of said roads shall be paid by the owners of the Free Market Lots.
2.3.1.2 Access by Stage Road
Vehicular and pedestrian access to the Free Market Lots and primary access to the Fathering Parcel
shall be from Stage Road as shown on the Plat. The historic prescriptive easement for public access
along Stage Road lies partly within the boundaries of the Stage Road PUD. City shall,
simultaneously with recording of the Plat, vacate said portion of Stage Road within Stage Road PUD
as a former public road and it shall thereupon be a private road. Developer has conveyed, or shall
convey upon the completion of the vacation process, an easement for the benefit of owners of other
lands served by said road, in the form of Exhibit EAS-1, attached hereto and incorporated herein by
this reference. After completion of said vacation process, all costs associated with the maintenance
and repair, including snowplowing, of Stage Road, shall be paid by the owners of the Free Market
Lots as provided for in the Declaration. City shall be responsible for maintenance, repair and snow
plowing of the public portions of Stage Road. Secondary access to the Fathering Parcel and
emergency access for the Free Market Lots shall be accommodated through the 20 Acre Parcel
along the easement reserved by Developer in the deed conveying said parcel to the City. Within one
year after the issuance of the first building permit for construction of a dwelling unit on a Free Market
Lot, Developer shall construct the pedestrian path along the northerly side of Stage Road as shown
17.19PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 17
on the Plat in accordance with the Plans and Specifications.
2.3.1.3 Access by Harmony Road
Vehicular and pedestrian access to the Ranch Manager’s Lot (Lot RM) and to the Cultural Use Area
(Lot C) shall be from the 20 Acre Parcel and Harmony Road along the easement reserved by
Developer in the deed conveying said parcel to the City.
2.3.1.4 Sidewalk, Curb and Gutter
City agrees that, because of its rural character and location outside of the City’s street grid system,
the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the
requirements for street paving, sidewalks, curbs and gutters, shall not be applied to the Stage Road
PUD. Nothing herein shall prevent Developer from constructing improvements at its discretion such
as paving or chip sealing said roads, construction of sidewalks, curbs and gutters.
2.3.2 Utilities
City, at its sole expense, shall construct and install such utilities as are required for the construction of
Burlingame Village, and subject to the cost reimbursement provisions hereof, City shall construct and
initially pay for the shared utilities described below. Where such utilities shall also serve the Stage Road
PUD they shall be sized to accommodate both. Not later than thirty (30) months (which may be extended
by mutual agreement of the parties) after the recording of the Plat map for the Stage Road PUD, City, at
its sole expense, shall have extended utilities to the locations as shown on the Revised Shared Utilities
Plan Exhibit RSU-1 which replaces and supercedes Exhibit D to the Pre-Annexation Agreement. The
utilities for which costs are to be shared between City and Developer (the “Shared Utilities”) are
identified as such on said Exhibit RSU-1. Developer shall install all utilities necessary to serve the Stage
Road PUD that are not to be constructed and installed by the City, as shown on Exhibit RSU-1, attached
hereto. As provided for in the Pre-Annexation Agreement and its amendments and the Water Service
Agreement (the “WSA”) which is attached as Exhibit F to the Pre-Annexation Agreement (attached
hereto as Exhibit PAG-1), detailed engineering designs for potable water and sewer lines may not be
available at the time of recording the Plat. In such event, the Plat shall reserve easements within which
such utilities will be placed and after their installation, a revised Plat sheet(s) describing their as-built
locations shall be recorded and such easements dedicated to the utility providers. The utilities for which
costs are not shared with the City and for which Developer is responsible for installing and paying for
shall be installed as subdivision improvements in accordance with Section 2.3.4 of this Agreement. City
shall construct roads and utilities as required by the Pre-Annexation Agreement and its amendments,
regardless of whether or not the City has completed its development processes for Burlingame Village.
The provisions for cost sharing for Shared Utilities for the Stage Road PUD contained in Section 2.3.3
below and the Pre-Annexation Agreement and its amendments and the WSA shall be followed.
2.3.2.1 Potable Water Supply
The WSA contains provisions, for among other things, the design and construction of water utilities to
serve the Stage Road PUD, cost sharing provisions related thereto and the conveyance by
Developer of certain water rights to the City. City and Developer shall comply with the terms of the
WSA in the development of the Stage Road PUD, including, among other things, its requirements for
the conveyance of certain water rights.
2.3.2.2 Sewer Service
Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after
the recording of the Plat for the Stage Road PUD, City, at its sole expense, shall have designed and
17.20 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 18
constructed a new sewer line from the existing sewer main to the boundary of the 20 Acre parcel as
shown on the Revised Shared Utilities Plan. The relocation of the sewer line from the location shown
on Exhibit D to the Preannexation Agreement to the location shown on Exhibit RSU-1 hereto may
result in the requirement for a lift station to serve the Stage Road PUD. In such event City shall pay
for the costs of said lift station.
2.3.2.2.1 Stage Road PUD Internal Sewer System
The sewer system serving only the Stage Road PUD constructed by Developer, shall be
constructed as a subdivision improvement in accordance with Section 2.3.4 of this Agreement
and according to the Plans and Specifications. Developer shall be required to show to ACSD all
service locations at the station numbers on the final utility plans for Stage Road PUD prior to
building permit application. In addition, Developer shall execute a “Line Extension Request” and
a “Collection System Agreement” with ACSD prior to building permit application. Unless
otherwise agreed to by Developer and ACSD the connection fees shall be paid by the owner of
the lot or parcel seeking service at the time service is established to such owner’s lot or parcel.
2.3.2.3 Electric Service
Exhibit D to the Pre-Annexation Agreement, attached hereto at Exhibit PAG-1 shows the locations of
the existing overhead power lines and defines those sections of line that will be placed underground
at City’s sole expense and at Developer’s sole expense. Within thirty (30) months of recordation of
the Plat, City shall complete the work necessary to underground the section of line for which it is
responsible. Developer shall underground the section of line for which it is responsible as well as the
internal electrical service for the Stage Road PUD in accordance with Plans and Specifications and
as a subdivision improvement under Section 2.3.4 below.
2.3.2.4 Telephone, Cable TV, Fiber Optic and Natural Gas Utilities
The Plans and Specifications show the locations for distribution lines for telephone, Cable TV, fiber
optic lines and natural gas to serve the Stage Road PUD. Developer shall install such utilities at its
sole cost and expense in accordance with Plans and Specifications and as a subdivision
improvement under Section 2.3.4 below.
2.3.3. Cost Sharing and Reimbursement for Shared Utilities
City shall be reimbursed by Developer for one-third of Developer’s share of the total installation cost of
the particular Shared Utilities constructed and installed by the City, at the time of issuance of the building
permit for the first Free Market Lot. Developer shall reimburse City an additional one-third of Developer’s
share of the total installation cost of the particular utilities so requested and provided at the time of
issuance of the building permit for the second Free Market Lot. City shall be reimbursed the remaining
amount of Developer’s share of the total installation cost of the particular utilities so provided at the time
of issuance of the building permit for the third Free Market Lot. Notwithstanding the foregoing, however,
Developer shall reimburse City for its share of the costs of the Shared Utilities provided to the Stage
Road PUD not later than the fifth anniversary of the completion and activation of said utilities, subject to
any subsequent adjustments as provided for below. Said reimbursement shall be made together with
interest at the rate of 8% per annum computed from the date said funds were advanced by City to the
date of reimbursement. In addition, at the same time as reimbursements are required as set forth above,
Developer shall reimburse City for Developer’s share of the cost of installation of any redundant looped
segments of potable water utility systems which are constructed for the primary benefit of the Free
Market Component and the Affordable Housing Component, based on the ratio of ECUs determined
under the WSA. Adjustments to the initial charge for the Stage Road PUD shall be made upon final
construction of all residences in the Stage Road PUD or as otherwise provided for in paragraph 5 of the
17.21PUD Control Document
Planned Unit Development Control Document, Development and Vested Rights Agreement: Stage Road PUD/Subdivision
Page 19
WSA. An “ECU” as defined in the Aspen Municipal Code, is a “unit reflecting that part of the capacity of
the [City] water system necessary to serve a standard water customer, with multiples or fractions of the
unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking
facilities, or other water demand factors.” This definition shall govern the calculations necessary to be
made under this Agreement and the WSA notwithstanding any amendments to Aspen Municipal Code §
25.08.060(e) made subsequent to the recording of the Plat.
2.3.4 Cost of Subdivision Improvements
Prior to the earlier to occur of the first sale of a Free Market Lot or the first application for a building
permit on a Free Market Lot, Developer shall provide the City Engineering Department with the then
current estimated cost of the subdivision improvements which are not Shared Utilities and which are
the Developer’s sole obligation together with the financial guarantee described in section 2.3.5 below.
Developer shall complete construction of the aforesaid subdivision improvements in accordance with
a Construction Schedule to be submitted to the City Engineering Department simultaneously with
submission of the financial guarantee described in Section 2.3.5 hereof. For purposes of this Section
2.3.4 and 2.3.5 below, a bulk sale of all the Free Market Lots shall not trigger these requirements.
2.3.5 Financial Assurances
In order to ensure construction and installation of the subdivision improvements which are not Shared
Utilities and which are the Developer’s sole obligation, and to guarantee 100 percent of the current
estimated cost of said subdivision improvements, Developer shall provide to the City an irrevocable
letter of credit from a financially responsible lender in the amount of the estimated cost of the
subdivision improvements referred to in Section 2.3.4 above.
2.3.5.1 Administration of Letter of Credit
The Letter of Credit shall be in a form reasonably acceptable to the City Attorney and the City
Manager, and give the City the unconditional right, upon default by Developer to draw on funds as
necessary and upon demand to partially or fully complete and/or pay for any of such improvements
or pay any outstanding and delinquent bills for work done thereon by any party, with any excess
letter of credit amounts to be applied first to additional administrative or legal costs associated with
any such default and the repair of any deterioration in improvements already constructed before the
unused remainder, if any, of such Letter of Credit is released to Developer. Provided, however, that
Developer shall be given fourteen (14) days written notice of default (and the right to cure during said
period) prior to the City’s ability to make a draw under any Letter of Credit. Notwithstanding the
foregoing, delays or other problems resulting from acts of God or other events beyond the
reasonable control of Developer shall not constitute a default hereunder so long as a good faith effort
is being made to remedy the problem and the problem is in fact resolved within a reasonable period
of time following its occurrence. As portions of the improvements required are completed, the City
Engineer shall inspect the subdivision improvements and upon approval and written acceptance, a
reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an
amount equal to the agreed estimated cost for the completed portion of the improvements; provided,
however, that ten percent (10%) of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer. Compliance with the procedure set
forth in Section 2.5 below pertaining to the procedure for default and amendment of this Agreement
shall not be required with respect to the enforcement and implementation of these financial
assurances and guarantees to be provided by Developer as set forth above.
17.22 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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2.4 General Development Conditions
2.4.1 Protective Covenants - Stage Road PUD Homeowners Association
The Declaration sets forth various restrictions and covenants for use and development of the Stage Road
PUD, including, among other things, the creation of a Homeowners Association with the authority to
administer the Declarations. The Declarations shall be recorded along with the Plat.
2.4.2 Design Guidelines
The Design Regulations attached at Exhibit DR-1 shall govern the development within Stage Road PUD
are in lieu of the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code. The
Design Regulations may be amended as provided for by them, subject to the approval of the City, which
approval shall not be unreasonably withheld or delayed. The Architectural Control Committee established
by the Declaration of Architectural Restrictions for Stage Road Subdivision shall ensure that the Design
Regulations are enforced.
2.4.3 Drainage
Development of Stage Road PUD shall comply with the most recent municipal engineering practice
standards and the “Best Management Practices” (BMPs) identified for water quality control requirements.
2.4.4 Air Quality
The finished graveled road surfaces of existing Stage Road, Stage Road extension, and Stage Road
South shall be treated regularly with materials such as “Road Oyl” which are ecologically safe and which
prevent the release of small particulates into the air.
2.4.5 “Green” Construction
The construction of residences within the Free Market Component shall comply with or exceed the
provisions of any ordinances adopted by City requiring environmentally appropriate construction (also
known as "green" construction) techniques, materials and design, that are generally applicable
throughout the City to all residential construction, as the same may exist from time to time.The
specific requirements necessary to satisfy this obligation are set forth in the Green Construction and
Energy Efficiency guidelines attached to the Design Regulations at Exhibit DR-1, hereto.
2.4.6 Exterior Lighting
All exterior lighting within Stage Road PUD shall comply with the Design Regulations attached at Exhibit
DR-1, provided however, to the extent that the City’s lighting standards set forth at Section 26.575.150 of
the Code are more restrictive, as they are in effect from time to time, the more restrictive provision shall
be given effect, and shall be adopted into the Design Regulations by the Architectural Control
Committee.
2.4.7 Work in Public Rights-of-Way
Developer or the Owner of a Free Market Lot, as applicable, shall first receive the approval of the
appropriate City Department and/or utility/service district prior to commencement of any work within a
public right-of-way.
2.4.8 Damage to Public Rights-of-Way
Developer or the Owner of a Free Market Lot, as applicable, shall repair any public right-of-way damaged
during construction on any lot or parcel within Stage Road PUD prior to issuance of a certificate of
occupancy for any structure on said lot or parcel.
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2.4.9 Construction Hours
Construction activity within Stage Road PUD shall be limited to the hours between 7:00 a.m. and 8:00
p.m., Monday through Saturday. Heavy equipment operation and other loud noise from construction
shall be prohibited between 6:00 p.m. and 7:00 a.m. No construction activity shall be permitted on
Sunday.
2.4.10 Construction Management Plan
During all construction activities on Stage Road PUD, Developer or the Owner of a Free Market Lot, as
applicable, shall comply with the Construction Management Plan that will be submitted prior to building
permit issuance.
2.4.11 Infrastructure and Removal of Fill
Developer shall have the right to apply for permits for construction of infrastructure and removal of fill
from Stage Road PUD at any time after approval of the Ordinance.
2.4.12 Erosion Control
Erosion control plans, including potential natural resource protection structures, and a detailed plan for
irrigation systems and other plantings within the City of Aspen right-of-way shall be submitted by
Developer to the Parks Department for approval prior to the application of building permits. Separate
erosion control plans shall be submitted by the owners of each lot prior to the issuance of a building
permit for their respective lots.
2.4.13 Street Impact Fees
The streets within the Stage Road PUD will remain private and no new streets or road improvements will
be required. Stage Road within the Property will be vacated and shall become private. The City will have
no maintenance obligations with respect to the vacated portion of Stage Road or the streets within the
Stage Road PUD. Therefore, no additional street impact fees will be charged in connection with Stage
Road PUD.
2.4.14 Storm Sewer
The Stage Road PUD will not connect to the City’s storm sewer system. Drainage and run-off will be
accommodated on a site specific basis in connection with the issuance of building permits for
improvements to be constructed on the Stage Road PUD.
2.4.15 Improvement Districts
On behalf of itself and all future owners of any property within Stage Road PUD, Developer hereby
agrees to join any future improvement districts that may be formed for the purpose of constructing
improvements that benefit the subject Property under an assessment formula. To the extent any future
improvement districts are formed for purposes of any improvements that Developer has paid for under
the terms of the Development Plan, Developer shall receive a credit against any amounts that may be
assessed against it for such amounts paid.
2.4.16 Fire Protection
Fire sprinklers and alarm systems shall be installed in all new dwelling units within the Stage Road PUD if
required by the City of Aspen Fire Marshal.The owner of each Free Market Lot shall be responsible for
ensuring that any buildings constructed thereon shall comply with this condition of approval.
2.4.17 Fencing
All fencing in or surrounding the Free Market Lots shall be of a design, type and material that is approved
by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably
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impede the movement of wildlife, except that fencing along Old Stage Road and fencing between the
Free Market Lots and the 20 Acre Parcel may be installed which protects agricultural operations,
including, without limitation, the grazing of cattle and horses, and other land uses, from interference by
trespassers.
2.4.18 Dog Restriction - Stage Road PUD
In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the Declarations
shall include provisions and penalties that prohibit dog ownership (other than farm dogs belonging to
owners or employees of the Fathering Parcel and specially trained service dogs for use by visually
impaired persons or persons with other medical needs). The Stage Road PUD homeowners association
shall be required through appropriate covenants to vigorously enforce these restrictions. In the absence
of effective enforcement of this provision by said homeowners’ association, this restriction shall be
enforced by the City.
2.5 Vested Rights
The Plat and the Ordinance granting PUD and Subdivision approvals for Stage Road PUD, including the
zoning established thereunder, the Development Order issued therefore, this Control Document, the Pre-
Annexation Agreement and its amendments and any other document or plan included within the
Development Plan, constitute a Site Specific Development Plan pursuant to § 24-68-101, et. seq., C.R.S.,
and Section 26.308, et. seq. of the Code. The Stage Road PUD Development Plan shall be vested against
any changes in the Code for a period of twenty-five (25) years from the date of recording the Plat or such
longer time as may be allowed under any applicable law, regulation or court decision. Such vesting shall
apply to all the rights and entitlements set forth in this Agreement and the Control Document, the Plat and
other agreements and documents executed in connection with Stage Road PUD and included within the
Development Plan. Given the nature of the approvals granted hereby, the City has found, determined and
concluded that it is in the public interest to grant an extended vested rights period of twenty-five (25) years,
which is warranted in light of the size of this development, market conditions, the conveyance of the 20 Acre
Parcel and investment in infrastructure to be made by Developer, and economic cycles.
ARTICLE 3: Miscellaneous Provisions
3.1 City Acknowledgment of Developer’s Reserved Rights – Assignment
The City agrees that Developer shall have the right to exercise any and all retained rights that are set forth in
this Agreement and in any exhibits or agreements attached hereto or contained in the Development Plan.
Developer further reserves and shall have the right to assign all, or any part of its rights hereunder or in the
Development Plan, by written instrument executed by the Developer and recorded in the records of Pitkin
County, Colorado, referencing the provisions of this Agreement (or such other document which refers to such
rights) and specifying the rights so assigned.
3.2 Recording
Upon execution and authorization by the City, the Developer shall record this agreement with the Office of the
Clerk and Recorder for Pitkin County, Colorado.
3.3 Amendment
The parties hereto mutually agree that this Agreement may be amended from time to time, provided such
amendment is in writing and signed by the parties hereto.
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3.4 Notices
All notices required herein shall be tendered by personal service or certified mail upon the following
individuals or agents of the parties to this Agreement:
To City: City Manager
City of Aspen
130 South Galena St.
Aspen, CO 81611
To Developer: Bar/X LLC
c/o Herbert S. Klein, Esq.
Herbert S. Klein & Associates, P. C.
201 North Mill Street, #203
Aspen, CO 81611
3.5 Waiver
A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not
operate or be construed as a waiver of any subsequent breach by either party.
3.6 Binding Effect
The parties hereto agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal
representatives, and assigns thereof and shall constitute covenants running with the lands within the Stage
Road PUD and, to the extent required to carry out certain terms of this Agreement relating to the conditions of
the development of Burlingame Village, at such time as the final development order for its first phase and any
plat map related thereto, is recorded.
3.7 No Third Party Beneficiaries
It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the City and Developer and nothing
contained in this Agreement shall give or allow any such claim or right of action by any other third person. It
is the express intention of the City and Developer that any person other than the City, or Developer receiving
services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
3.8 Additional Documents or Action
The parties agree to execute any additional documents or take any additional action that is necessary to
carry out this Agreement.
3.9 Execution in Counterparts
This Agreement may be executed in several counterparts, each of which shall be deemed an original and all
of which shall constitute but one and the same instrument.
3.10 Paragraph Captions
The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not
intended in any way to define, limit or describe the scope or intent of this Agreement.
3.11 Severability
Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word
herein or the application thereof in any given circumstance shall not affect the validity of any other provision.
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3.12 Additional Documents or Action
The parties agree to execute any additional documents or take any additional action that is necessary to
carry out this Agreement.
ARTICLE 4: Enforcement
4.1 Governing Law - Contractual Relationship - Venue - Attorney Fees
This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge
that this Agreement may be enforced at law or in equity as a contractual obligation. Thus, this Agreement is
intended to provide a contractual relationship between the City and the Developer to ensure compliance with
all rights and requirements contained herein. Venue and jurisdiction for any cause arising out of or related to
this Agreement shall lie in the District Court for Pitkin County, Colorado, and be construed pursuant to the
laws of the State of Colorado. The prevailing party in any litigation concerning this Agreement shall be
awarded its reasonable attorney’s fees and costs of litigation.
4.2 Developer’s Remedy for Default by City – General
In the event that, any action herein required is not taken by the City, then Developer’s remedies for the
breach hereof may include the right to reimbursement for Developer’s costs and fees, including reasonable
attorney fees, incurred in the performance of any acts required of City hereunder and all the costs and
damages incurred as a result of City’s breach, and any attorney fees incurred to perform defense obligations
of City. To the extent available at law or in equity, in the event of a default in this Agreement by City,
Developer shall also have the right to pursue specific performance of City’s obligations hereunder.
4.3 Developer’s Remedy for Default by City - Failure to Provide Roads and Utilities
In the event the breach by City is its failure to extend road or utility service and facilities to the Stage Road
PUD as and when required by this Agreement, the Pre-Annexation Agreement and its amendments or the
WSA, Developer’s remedies shall include the right to obtain a Court order requiring that City convey to
Developer, easements over, under and across City’s property and/or along its existing utility facilities where
such easements are necessary for Developer to construct and maintain the utilities that City failed to provide.
Developer shall have the right to construct such utility facilities reasonably necessary to serve the Stage
Road PUD in the event City does not fulfill these obligations. The foregoing remedy is in addition to all other
remedies Developer may have at law or equity, including the right to damages and the remedies provided for
in Section 4.2 above and any of the foregoing agreements and this Agreement.
4.4 City’s Remedy for Default by Developer
In the event that the City Council determines that Developer is not acting in substantial compliance with the
terms of this Agreement, the City Council shall notify Developer in writing specifying the alleged non-
compliance and asking that Developer remedy the alleged non-compliance within such reasonable time as
the City Council may determine, but not less than 30 days. If the City Council determines that Developer has
not complied within such time, the City Council may issue and serve upon Developer a written order
specifying the alleged non-compliance and requiring Developer to remedy the same within thirty (30) days
thereafter. Within twenty (20) days of the receipt of such order, Developer may file with the City Council
either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to
determine any one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
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(b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect
to any such non-compliance, which is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters
set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted
pursuant to the procedures normally established by the City Council for other hearings. If the City Council
determines by a preponderance of the evidence that a non-compliance exists which has not been remedied,
it may issue such orders as may be appropriate, including the imposition of daily fines until such
noncompliance has been remedied, the withholding of permits and/or certificates of occupancy, as
applicable; provided, however, no order shall terminate any land use approval. The City Council may also
grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate
under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend
the time periods for performance if Developer demonstrates by a preponderance of the evidence that the
reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond
the reasonable control of Developer, despite good faith efforts on its part to perform in a timely manner. In the
event that Developer defaults in any of its duties as set forth herein, City shall have the right of enforcement
by an action for specific performance filed in the Pitkin County District Court.
4.5 Actions Against Annexation and Development
In the event that any person, corporation, special district, municipal or county government, or any other entity
or person asserts any claim against the City, its officials, or employees pursuant to the provisions of the
Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et seq., or asserts any other claim, based on any
theory of law whatsoever, challenging the rezoning and development of the Stage Road PUD or the approval
of the Development Plan, City shall vigorously defend against such an action and may consent to and permit
the entry by the court of an order voiding the annexation or reach another means of settlement of claims,
provided that no consent to an order voiding the annexation or settlement which adversely affects the
Developer’s rights hereunder or under any development approvals contemplated hereby, shall be entered
into without Developer’s written consent. City’s defense of any such action(s), shall also include the vigorous
defense, at its sole cost, of the interests of the Developer. If by reason of such suit this Agreement is found to
be void or unenforceable, then as between City and Developer, this Agreement shall become null and void,
and if at such time the annexation of the Stage Road PUD has already occurred, City shall, upon a petition
for de-annexation submitted by Developer, approve the de-annexation of the Stage Road PUD and, if the 20
Acre Parcel has been conveyed to the City then City shall re-convey the 20 Acre Parcel to the Developer.
ENTERED INTO the day and year first above written.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first
above written.
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Bar/X LLC, a Colorado Limited Liability Company
____________________________
By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF _____________________ )
) ss.
COUNTY OF ___________________ )
The foregoing was subscribed and sworn to before me this _____ day of _____________, 2004,
by Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, Manager of Bar/X
LLC, a Colorado Limited Liability Company.
.
Witness my hand and official seal.
My commission expires:
Notary Public
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City:
CITY OF ASPEN, COLORADO,
a Colorado municipal corporation
By:_______________________________________
Mayor
ATTEST:
_________________________________
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
_________________________________
John Worcester, City Attorney
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The above and foregoing document was acknowledged before me this __________ day of
____________________, 2004, by
_________________________________________ as Mayor and Kathryn S. Koch as City Clerk of the
City of Aspen, Colorado, a Colorado municipal corporation.
Witness my hand and official
My commission expires: _______________________.
__________________________________________
Notary Public
City of Aspen, Colorado
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Exhibits
Exhibit PAG-1 (the “Pre-Annexation Agreement”): see Section 29
Exhibit A The Property: see Section 29, Page 29.29
Exhibit DR-1 The Design Regulations: see Section 9
Exhibit ADU-1 City of Aspen ADU regulations as of June 1, 2000: see Section 29, Page 29.73
Exhibit FA-1 City of Aspen Floor Area Regulations as of June 1, 2000: see Section 29, Page 29.69
Exhibit SWD Special Warranty Deed for Conveyance of 20 Acre Parcel: see Section
Exhibit AL-EAS-1 Agricultural Lands Conservation Easement: see Section 14
Exhibit MCC-EAS-1 Maroon Creek Canyon Conservation Easement: see Section 14
Exhibit EAS-1 Harvey/Caudill Access and Utility Easement: see Section 11
Exhibit RSU-1 Revised Shared Utilities Plan: see following