HomeMy WebLinkAboutresolution.council.027-96
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RESOLUTION NO. ~T
(series of 1996)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, AMENDING THE DEED
RESTRICTION OCCUPANCY AND RESALE AGREEMENT, FOR WILLIAMS RANCH
AFFORDABLE HOUSING.
WHEREAS, on November 19, 1994 the City granted final Subdivision, PUD, GMQS Exemption and
Vested Rights for the Williams Ranch Project to construct 35 deed restricted affordable housing units and
IS free market lots by Ordinance no. 52, series of 1994; and
WHEREAS, As a condition of approval, the applicant was required to record a Master Deed Restriction
governing the occupancy and resale of the affordable housing units; and
WHEREAS, The applicant filed and recorded the Deed Restriction Occupancy and Resale Agreement for
Williams Ranch Affordable Housing (Deed Restriction) under Reception No. 381301; and
WHEREAS, the Deed Restriction sets out the iuitial sale price for each unit designated as Category 2,
Category 3 and Category 4 under the Housing Guidelines, and the maximum allowable resale price for
each of these units; and
WHEREAS, The Board of Directors of the AspenlPitkin County Housing Authority, in its meetings of
April 3, 1996 and April 9, 1996 reviewed a request by the prospective homeowners of the Category 2,
Category 3 and Category 4 units to allow the cost of basements to be added to the resale price of these
units; and
WHEREAS; the Housing Board voted to recommend an amendment to the Deed Restriction permitting
basements to be added as capital improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
I. The Deed Restriction for the Williams Ranch units is amended to permit the actual cost of a
basement, not to exceed $20,000, to be added to the resale price of the home as a capital
improvement in addition to those Permitted Capital Improvements provided for in the Deed
Restriction.
2. This amount should not be subject to appreciation after it has been added to the price of a unit or
property after resale.
3. This amendment shall be memorialized as a recorded amendment to the Deed Restriction.
INTRODUCED, READ AND ADOnED by the City Council of the City of Aspen on the e:2K day of
~,1996.
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To:
Housing Office Board of Directors
From: Dave Tolen, Executive Director
Re: Williams Ranch Request to Increase Sale Prices
Date: 29 March, 1996
Summary: The Williams Ranch AH project was approved in 1994, with a mix of Category 2,3,4, R.O,
and free market housing. The category units were approved at the maximum plices under 1994 Housing
Guidelines.
Request: The prospective purchasers of the category units are asking if they may increase the initial plice
of their units above the maximum Plice in the 1994 guidelines, in order to cover the actual cost of
basements. I estimate that cost at about $30,000. This would increase the initial sale plice, and all
subsequent resale plices, by about $30,000. The following table illustrates the affect of this request:
Unit CategOlY Current Plice Proposed Plice Maximum Price
IBR 2 $70,800 $100,800 $70,800
2BR 2 $81,000 $111,000 $81,000
3BR 3 $115,000 $145,000 $129,200
4BR 4 $198,000 $228,000 $205,000
The additional cost of the basement, if added to the pm-chase plice, would increase the category 2 units
significantly above the maximum (+42%), nearly to the Category 3 maximum of $109,200 for a one
bedroom and $119,200 for a two bedroom.
The Category 3 units would increase beyond their maximums as well, by a smaller amount (12%), and
would still be a good deal lower than the Category 4 plice of $198,300 for a three bedroom unit. The
CategOlY Fom- units would increase by about II % over the maximum. This is not much more than the
allowed increase for capital improvements (10%).
The Category 2 units seem to represent the most se1ious issue. The CategOlY 3 and 4 units would be
pliced higher than the maximum plice at the time of the deed restri.ction, and even above the maximum
prices proposed for the 1996 guidelines, but the units would still be affordable to many households within
the respective categolies.
The Categoly 2 units would be increased in plice well beyond the means of most Category 2 buyers.
Although some of the CillTent buyers of CategOlY 2 units may be able to afford the additional cost, the
increase would put these units out of the range of future Category 2 buyers.
The addition of basement space, even if it is unfinished, certainly adds to the livability of these homes.
given the additiOllal value of basements, we might be comfortable with the plice increases for the
Category 3 and 4 unit. In the case of the Category 2 units, the plice increase really results in a Category
unit, and these should probably remain as they are.
Recommendation: Permit owners to pay 01' finance an additional amount on the Category 3 and 4
homes, the cost not to exceed the actual cost to construct the basements. Permit those owners who add
basements to add this cost to the resale plice of their homes.
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DEED RESTRICTION
OCCUPANCY AND RESALE AGREEMENT
FOR WILLIAMS RANCH AFFORDABLE HOUSING
THIS DEED RESTRICTION, OCC~P' AND RESALE AGREEMENT (herein the "Agreement")
is made and entered into this 1.(., day of c'li 1995, by the Williams Ranch Joint Venture, a Colorado
general partnership (herein the "Declarant"), for the benefit of the parties and enforceable by t~e
ASPEN/PITKIN COUNTY HOUSING AUTHORITY (herein "APCHA"), a duly constituted mu!ti-
jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (herein the "CitY")
and Pitkin County, Colorado (herein the "County"), dated September 26,1989 and recorded in Book 6051at
Page 751 of the records of the Pitkin County Clerk and Recorder's Office.
WITNESSETH:
WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and
incorporated herein (herein the "Real Property"). For purposes of this Agreement, the real property and 1111
dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to I as
the "Property"; and
. WHEREAS, as a condition of the approval granted by the City Council of Aspen, Colorado for
subdivision approval of the Property, the Declarant is required to enter into this Agreement; and
WHEREAS, Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified
Buyers" under the Category 2 (herein "C-2"), Category 3 (herein "C-3"), Category 4 (herein "C-4") and Resident
Occupied (herein "RO") definitions, as those terms are defined in this Agreement and established by the qity
of Aspen from time to time in APCHA's Affordable Housing Guidelines. In addition, the Declarant agr~es
that this Agreement shall constitute a resale agreement setting forth the maximum sale's price for which the
Property may be sold ("Maximum Sale's Price"), the amount of appreciation and the terms and provisiqns
controlling the resale of the Property should Declarant's purchaser desire to sell its interest in the Propel.-ty
at any time after the date of this Agreement. Finally, by this Agreement, Declarant agrees to restrict the
Property against use and occupancy inconsistent with this Agreement,
WHEREAS, "Qualified Buyers" are natural persons meeting the income, asset, residency and all ot!fer
qualifications for C-2, C-3, C-4 or RO as applicable and as set forth in the Aspen/Pitkin County Houslng
Authority Affordable Housing Guidelines (herein "the Affordable Housing Guidelines"), or its substitute,1 as
adopted by the City of Aspen upon the recommendation of APCHA, or the successor thereof, and in eff~ct
at the time of the closing of the sale to a Qualified Buyer, who must represent and agree pursuant to t):Jis
Agreement to occupy the Property as his or her primary residence (as defined in the Affordable Housing
Guidelines), not to engage in any business activity on the Property, other than that permitted in that 'zqne
district or by applicable ordinance, not to sell or otherwise transfer the Property for use in a trade or business,
and to otherwise be bound by the Agreement of applicable provisions of the Affordable Housing Guidelines.
WHEREAS, an "Owner" is a person or persons who is/are a Qualified Buyer who acquires! an
ownership interest in the Property in compliance with the terms and provisions of this Agreement; it being
understood that such person or persons shall be deemed an "Owner" hereunder only during the period of t!fis,
her or their ownership interest in the Property and shall be obligated hereunder for the full and compl~te
performance and observance of all covenants, conditions and restrictions contained herein during such peripd.
WHEREAS, a "Unit" is any and all of the residences constructed on Lot 1 through Lot 35 of the
Williams Ranch Subdivision.
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.. . DEED RESTRICfION, OCCUPANCY AND RESALE AGREEMENT
FOR WILLIAMS RANCH AFFORDABLE HOUSING
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NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledgea,
the Declarant hereby represents, covenants and agrees as follows:
1.
The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural
persons who meet the definition of Qualified Buyers and their families.
2.
An Owner, in connection with the purchase of this Property or Unit, must: a) occupy any Unit within
this Property as his or her primary residence during the time that such unit is owned; b) not engage
in any business activity on or in such Unit, other than permitted in that zone district or by applicable
ordinance; c) sell or otherwise transfer such Unit only in accordance with this Agreement and the
Affordable Housing Guidelines; and d) not sell or otherwise transfer such Unit for use in a trade or
business; and e) not permit any use or occupancy of such Unit except in compliance with this
Agreement.
3.
Default in Pavment:
a.
It shall be a breach of this Agreement for Owner to default in payments or other obligations
due or to be performed under a promissory note secured by a first deed of trust encumberiI)g
the Property or a Unit. Owner must notify the APCHA, in writing, of any notificatiqn
received from a lender, or its assigns, of past due payments or default in payment or other
obligations due or to be performed under a promissory note secured by a first deed of trust,
as described herein, within five calendar days of Owner's notification from lender, or its
assigns, of said default or past due payments.
b.
Upon notification from Owner, as provided above, or other notice of such default, the
APCHA may offer loan counseling or distressed loan sexvices to the Owner, if any of the~e
sexvices are available, and is entitled to require the Owner to sell the Property or a Unit to
avoid the commencement of any foreclosure proceeding against the Property or a Unit. In
the event that the APCHA determines that sale of the Property or a Unit is necessary, Owner
shall immediately execute a standard Listing Contract on forms approved by the Coloraao
Real Estate Commission, providing for a 30-day listing period. If a sales contract has nqt
been executed within the initial 30-day period, the Owner shall extend the listing period fliJr
an additional 180 days, provided such extension does not conflict with the statutory rights M
any secured creditors. The listing agent shall promptly advertise the Property for sale to
Qualified Buyers. The Owner shall, upon closing, pay a fee to the APCHA in an amount
equal to one percent (1%) of the sales price. In the event of a listing of the Property orla
Unit pursuant to this Paragraph 3, the APCHA is entitled to require the Owner to accept tl]-e
highest of any qualified bids which satisfies the Owner's financial or other obligations d'te
under the promissory note secured by a first deed of trust and deed of trust in favor of the
APCHA, as described herein, and to sell the Property to such qualified bidder.
c.
Upon receipt of notice as provided in paragraphs 3a and 3b, APCHA shall have the right, in
it's sole discretion, to cure the default or any portion thereof, In such event, the Owner sh,Pl
be personally liable to APCHA for past due payments made by the APCHA together wi\h
interest thereon at the rate specified in the promissory note secured by the first deed of trust,
plus one percent (1 %), and all actual expenses of the APCHA irtcurred in curing the defau1t.
The Owner shall be required by APCHA to execute a promissory note secured by deed of
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a DEED RESTRICTION, OCCUPANCY AND RE. SALE AGREEMENT
_FOR WILLIAMS RANCH AFFORDABLE HOUSING
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trust encumbering the Property in favor of the APCHA for the amounts expended by the
APCHA as specified herein, including future advances made for such purposes. The Owner
may cure the default and satisfy it's obligation to the APCHA under this subparagraph at any
time prior to execution of a contract for sale, upon such reasonable terms as specified by the
APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the
Owner's proceeds at closing.
4.
This Agreement shall constitute covenants running with the Real Property, as described in Exhibit "A",
as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City
Council for the City (herein the "City Council"), and their respective successors and assigns, as
applicable, by any appropriate legal action including but not limited to specific performancei
injunction, reversion, or eviction of non-complying owners and/or occupants.
5.
Pertaining to RO units, in the event that an Owner desires to sell the Property or Unit, the Owner
shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission
providing for a lBO-day listing period, or such other time period as required by the APCHA-
Affordable Housing Guidelines in effect at time of listing. The listing agent shall promptly advertise
the Property or Unit for sale by to Qualified Buyers. The Owner shall, upon closing, pay a fee to the
APCHA in an amount equal to one percent (1 %) of the sales price. If FNMA type financing is used,
there may be a fee charged by the APCHA based on the amount financed. The amount of this fee
to be paid by the subsequent Owner shall be as set forth in the current Affordable Housing Guidelines
and will be distributed to the APCHA Mortgage Fund Account.
If the Housing Office markets and sells the Deed Restricted Unit, then the Owner shall contribute
a two percent (2%) fee [on the total sales price] to the overall housing program.
Pertaining to the C-2, C-3 and C-4 Units, in the event that an Owner desires to sell the Property or
Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real
Estate Commission with the APCHA providing for a lBO-day listing period, or such other time period
as required by the APCHA Affordable Housing Guidelines in effect at time of listing. At this time',
the Owner shall deposit with APCHA an amount equal to one percent (1%) of the estimated valUe
of the Unit. The APCHA shall promptly advertise the Property or Unit for sale by competitive bid
to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one
percent (1%), for a maximum fee of two percent (2%), If FNMA type financing is used, there may
be a fee charged by the APCHA based on the amount financed. The amount of this fee to be paid
by the subsequent Owner shall be as set forth in the current Affordable Housing Guidelines and will
be distributed to the APCHA Mortgage Fund Account.
MAXIMUM SALE PRICE
6. The Maximum Sale Price for the units specified as RO shall be as follows:
a.
The initial sales prices of the Properties by the Declarant shall be as set forth on Exhibit "B,"
attached hereto and incorporated herein by this reference (herein the "initial Sale Price").
Fifteen (15) of the Properties are designated RO. By specific authorization of the City
Council, five (5) of these RO Units do not have any asset or income limitations for l'
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.... .DEED RESTRICTION, OCCUPANCY AND RESALE AGREEMENT
OR WILLIAMS RANCH AFFORDABLE HOUSING
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Qualified Buyer or subsequent Qualified Buyers. However, all other RO restrictions as
determined by the APCHA do apply.
b. Except as specified in Paragraph 3b above, the Maximum Sale Price of the Property in the
event of any resale thereof more than three (3) years from the date of the initial sale by the
Declarant, shall be limited to the initial sales price plus four percent (4%) annual simple
interest based on the initial sales price, for each year that the unit is owned by a Qualified
Buyer, including years one through three.
The Maximum Sale Price for the units specified as C-2, C-3 and C-4 shall be as follows and in no
event shall the Property or a Unit be sold for an amount ("Maximum Sale's Price") m. excess of the
lesser of:
c. '(the owner's ourchase orice goes here)'. plus an increase of three percent (3%) of such pric~
per year from the date of purchase to the date of Owner's notice of intent to sell (prorated
at the rate of .25 percent for each whole month for any part of a year); or
d. an amount (based upon the Consumer Price Index, All Items, U,S. City Average, Urban
Wage Earners and Clerical Workers (Revised), published by the U.S. Department of Labor,
Bureau of Labor Statistics) calculated as follows: the Owner's purchase price multiplied by
the Consumer Price Index last published prior to the date of Owner's notice of intent to seIl
divided by the Consumer Price Index current at the date of this Agreement. In no event shal1
the multiplier be less than one (1). For purposes of this Agreement, "date of intent to seW
shall be the date of execution of a listing contract when required by this Agreement, or if a
listing contract is not otherwise necessary, the date shall be determined to be the date upoi'l
which a requirement for the Owner to sell is first applicable,
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUrE A REPRESENTATION OR GUARANTEE BY THE
APCHA OR THE CITY THAT ON SALE TIlE OWNER SHALL OBTAIN THE MAxIMUM SALE'S PRICE.
7,
For the purpose of determining the Maximum Sale Price in accordance with this Section, the
Owner may add to the amount specified in Paragraph 6 above, the cost of Permitted Capibl
Improvements (as defined in Exhibit "C") in a total amount not to exceed ten percent (10%)
of the initial listed purchase price set forth on Exhibit "B". In calculating such amount, only
those Permitted Capital Improvements identified in Exhibit "C" shall qualify for inclusion.
All such Permitted Capital Improvements installed or constructed over the life of the unit
shall qualify. However, the allowance permitted by this subsection is a flXed amount, which
shall be calculated on a cumulative basis applicable to the owner and all subsequent
purchasers, and shall not exceed the maximum dollar amount set forth in this subsection 7a.
a.
b. Permitted Capital Improvements shall not include any changes or additions to the Property
made by the Owner during construction or thereafter, except in accordance with Paragraph
7a above, Permitted Capital Improvements shall not be included in the APCHA's listeli
purchase price, even if made or installed during original construction.
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~OR WILLIAMS RANCH AFFORDABLE HOUSING
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c.
In order to qualify as Permitted Capital Improvements, the Owner must furnish to the
APCHA the following information with respect to the improvements which the Owner seeks
to include in the calculation of Maximum Sale's Price:
1) Original or duplicate receipts to verify the actual costs expended by the Owner for
the Permitted Capital Improvements;
2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered
at the time of purchase; and
3) True and correct copies of any building permit or certificate of occupancy required
to be issued by the AspenlPitkin County Building Department with respect to th~
Permitted Capital Improvements.
d. For the purpose of determining the Maximum Sale's Price in accordance with this Section,
the Owner may also add to the amount specified in Paragraphs 6 and 7a, the cost of any
permanent improvements constructed or installed as a result of any requirement imposed by
any governmental agency, provided that written certification is provided to the APCHA of
both the applicable requirement and the information required by Paragraph 7c, 1) - 3),
e. In calculating the costs under Paragraphs 7a and 7d, only the Owner's actual out-of-pocket
costs and expenses shall be eligible for inclusion. Such amount shall not include an amount
attributable to Owner's "sweat equity" or to any appreciation in the value of th~
improvements.
8.
All disputes between the Owner and the administrative staff of the APCHA shall be heard in
accordance with the grievance procedures set forth in the Affordable Housing Guidelines.
9.
Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing
costs nor accept any other consideration which would cause an increase in the purchase price above
the bid price so as to induce the Owner to sell to such prospective buyer.
10.
In the event that title to the Property or a Unit vests by descent in individuals and/or entities who a*
not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), and
subject to the option specified in Paragraph 10 c. below, the Property or Unit shall immediately b~
listed for sale as provided in Paragraph 5 above (including the payment of the specified fee to the
APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of tl\e
Maximum Sale's Price or the appraised market value, whichever is less, shall be accepted; if all bids
are below ninety-five percent (95%) of the Maximum Sale's Price or the appraised market value, the
Property or Unit shall continue to be listed for sale until a bid in accordance with this section is made,
which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transfer-
ee(s). In the event of more than one (1) qualified bid as specified herein, Non-Qualified Transferee
may select the Qualified Buyer,
a.
Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property to
a Qualified Buyer and shall execute any and all documents necessary to do so; and
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FOR WILLIAMS RANCH AFFORDABLE HOUSING
b.
Non-Qualified Transferee(s) agree not to: 1) occupy the Property or said Unit; 2) rent all or
any part of the Property or Unit, except in strict compliance with Paragraph 15 hereof; 3)
engage in any other business activity on or in the Property or Unit; 4) sell or otherwise
transfer the Property or Unit except in accordance with this Agreement and the Affordable
Housing Guidelines; or 5) sell or otherwise transfer the Property or Unit for use in a trade
or business.
c.
The APCHA, the City, the County, or their respective successors, as applicable, shall have
the right and option to purchase the Property or Unit, exercisable within a period of fifteen
(15) calendar days after receipt of any sales offer submitted to the APCHA by a Non-
Qualified Transferee(s), and in the event of exercising their right and option, shall purchase
the Property or Unit from the Non-Qualified Transferee(s) for a price of ninety-five percent
(95%) of the Maximum Sale's Price, or the appraised market value, whichever is less, The
offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days ~f
acquisition of the Property or Unit.
d. Where the provisions of this Paragraph 10 apply, the APCHA may require the Owner to rent
the Property or Unit in accordance with the provisions of Paragraph 15, below.
OWNER RESIDENCE
.11.
The Property and all Units shall be and is/are to be utilized only as the sole and exclusive place of
residence of an Owner.
12.
In the event Owner changes domicile or ceases to utilize the Property or Unit as his or her sole and
exclusive place of residence, the Property or Unit will be offered for sale pursuant to the provisions
of Paragraph 10 of this Agreement. Owner shall be deemed to have changed Owner's domicile by
becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing
on the Property or Unit for fewer than nine (9) months per calendar year without the express written
approval of the APCHA Where the provisions of this Paragraph 13 apply, the APCHA may require
the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 15, below.
13. If at any time the Owner of the Property or Unit also owns any interest alone or in conjunction with
others in any developed residential property or dwelling unites) located in Eagle, Garfield, Gunnison
or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale and to sell
Owner's interest in such property at a sales price comparable to like units or properties in the area
in which the property or dwelling unites) are located, In the event said other property or unit has not
been sold by Owner within one hundred twenty (120) days of its listing, then Owner hereby agrees to
immediately list this Property or Unit for sale pursuant to the provisions of Paragraph 10 of this
Agreement. It is understood and agreed between the parties that, in the case of an Owner whOSe
business is the construction and sale of residential properties or the purchase and resale of such
properties, the properties which constitute inventory in such Owner's business shall not constitut~
"other developed residential property" or "dwelling units" as those terms are used in this Paragraph.
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...... DEED RESTRICTION, OCCUPANCY AND RESALE AGREEMENT
FOR WILLIAMS RANCH AFFORDABLE HOUSING
RENTAL
14.
Owner may not, except with prior written approval of the APCHA, and subject to APCHA's
conditions of approval, rent the Property or Unit for any period of time, Prior to occupancy, any
tenant must be approved by the Homeowner's Association, if applicable, and the APCHA in
accordance with the income, occupancy and all other qualifications established by the APCHA in i(s
Affordable Housing Guidelines. The APCHA shall not approve any rental if such rental is being
made by Owner to utilize the Property or Unit as an income producing asset, except as provided
below, and shall not approve a lease with a rental term in excess of twelve (12) months. A signed
copy of the lease must be provided to the APCHA prior to occupancy by any tenant. Any such lease
approved by the APCHA shall be the greater of Owner's cost or the monthly rental amount specified
in the Affordable Housing Guidelines for units which were constructed in the year in which the subject
unit was deed restricted at the appropriate income category. Owner's cost as used herein includes the
monthly expenses for the cost of pr4tcipal and interest payments, taxes, property insuranc~,
condominium or homeowners assessments, utilities remaining in owner's name, plus an additiona'l
twenty dollars ($20) and a reasonable (refundable) security deposit.
The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the
Property or Unit with non-owners on a rental basis provided Owner continues to meet the obligations
contained in this Agreement, including Paragraph 12.
.15.
16.
IN NO EVENT SHALL mE OWNER CREATE AN ADDITIONAL DWELUNG UNIT, AS DEFINED IN THE PITKIN
COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY.
NOmING HEREIN SHALL BE CONSTRUED TO REQUIRE mE APCHA TO PROTECT OR INDEMNIFY THE
OWNER AGAINST ANY LOSSES ATIRlBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF UMITATION)
NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A
QUALIFmD TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER.
BREACH
17,
In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of thi~
Agreement, the APCHA, by it's authorized representative, may inspect the Property or Unit between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no les~
than 24 hours' written notice,
18. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violatio\l
to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure.
Said notice shall state that the Owner may request a hearing before APCHA within fifteen (15) days
to determine the merits of the allegations. If no hearing is requested and the violation is not cure\!
within the fifteen (15) day period, the Owner shall be considered in violation of this Agreement. ~f
a hearing is held before the APCHA, the decision of the APCHA based on the record of such hearing
shall be final for the purpose of determining if a violation has occurred.
.
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eOR WILLIAMS RANCH AFFORDABLE HOUSING
REMEDIES
19.
20,
21.
22.
.
23.
.
There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this
Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all
provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs,
including reasonable attorneys' fees.
In the event the Property or Unit is sold and/or conveyed without compliance herewith, such sale
and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the
purported buyer. Each and every conveyance of the Property or Unit, for all purposes, shall be
deemed to include and incorporate by this reference, the covenants herein contained, even without
reference therein to this Agreement.
In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available
legal action, including, but not limited to, specific performance of this Agreement or a mandatory
injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 3, 10, 13, and
14. In the event that a sale is required as a result of a breach of this Agreement, the sales price shall
be calculated in accordance with Paragraph 10, and a qualified bid under Paragraph 10 must be
accepted. The costs of such sale shall be taxed against the proceeds of the sale with the balance being
paid to the Owner,
In the event of a breach of any of the terms or conditions contained herein by the Owner, his heirs~
successors or assigns, the APCHA's initial listed purchase price of the Property or Unit as set forth
in Paragraph 6 of this Agreement shall, upon the date of such breach as determined by APCHA.
automatically cease to increase as set out in Paragraph 6 of this Agreement, and shall remain fixed
until the date of cure of said breach.
FORECLOSURE
If FNMA-type financing is used to purchase the Property or Unit, as determined by the APCHA, the
APCHA and the Board may, pursuant to that certain Option to Buy executed and recorded of even
date herewith, the terms of which are incorporated in this Agreement by this reference as if fully set
forth herein, agree to release and waive their ability to enforce the resale deed restrictions contained
herein, in the event of foreclosure, provided that said Option to Buy grants to theAPCHA and the
Board, as the designee of the APCHA, the option to acquire the Property or Unit within thirty (30)
days after the issuance of a public trustee's deed to the holder (including assigns of the holder) of the
promissory note secured by a first deed of trust for an option price not to exceed the redemption price
on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by
the holder during the option period which are directly related to the foreclosure.
In the event that APCHA or the Board, as the designee of the APCHA, exercise the option pursuant
to the terms of that certain Option to Buy, described above, the APCHA and/or its designee, may sen
the Property or Unit to Qualified Buyers as that term is defined herein, or rent the Property or Unit
to qualified tenants who meet the income, occupancy and all other qualifications, established by th"
APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected.
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.. OR WILLIAMS RANCH AFFORDABLE HOUSING
24.
.
25.
26.
27,
28.
29.
30.
.
GENERAL PROVISIONS
Notices, Any notice, consent or approval which is required to be given hereunder shall be given
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid, to any address provided herein or to any subsequent mailing address of the party as long as
prior written notice of the change of address has been given to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant:
Williams Ranch Joint Venture
3214 Campanil Drive
Santa Barbara, California 93109
Copy to:
Gary A. Wright, Esq.
Wright & Adger
201 North Mill Street, Suite 106
Aspen, Colorado 81611
To APCHA:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, Colorado 81611
Exhibits. All exhibits attached hereto (Exhibits "A", "B" and "C") are incorporated herein and by this
reference made a part hereof.
Severability. Whenever possible, each provision of this Agreement and any other related document
shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any
of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions
of such document.
Choice of Law. This Agreement and each and every related document is to be governed and
construed in accordance with the laws of the State of Colorado.
Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall
inure to and be binding upon the heirs, successors and assigns of the parties,
Section Headings. Paragraph or section headings within this Agreement are inserted solely for
convenience of reference, and are not intended to, and shall not govern, limit or aid in the
construction of any terms or provisions contained herein.
Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreemen\
shall be valid against any party hereto except on the basis of a written instrument executed by the
parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall
have the unilateral right to waive such condition.
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31. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any
or all genders and vice versa and the use of the singular shall include the plural and vice versa.
32,
Personal Liabilitv, Owner agrees that he or she shall be personally liable for any of the transactiol)s
contemplated herein.
33,
Further Actions. The parties to this Agreement agree to execute such further documents and take
such further actions as may be reasonably required to carry out the provisions and intent of this
Agreement or any agreement or document relating hereto or entered into in connection herewith.
34.
Modifications. The parties to this Agreement agree that any modifications of this Agreement shall
be effective only when made by writings signed by both parties and recorded with the Clerk arid
Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right
to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intel1t
of this Agreement, and where such unilateral action does not materially impair the Owner's rights
under this Agreement.
35.
Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an
ownership interest in the Property or Unit in compliance with the terms and provisions of this
Agreement; it being understood that such person or persons shall be deemed an "Owner" hereund~r
only during the period of his, her or their ownership interest in the Property or Unit and shall be
obligated hereunder for the full and complete performance and observance of all covenants, conditions
and restrictions contained herein during such period.
.
IN WITNESS WHEREOF, the parties have executed this instrument on the day and year above first writt~n.
DECLARANT:
Williams Ranch Joint Venture
by Mark , Inc.
By:
J
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Deed Restriction, Occupancy and Resale Agreement for Williams Ranch Affordal?le
Housing Units and its terms are hereby adopted and declared by The Aspen/Pitkin County Housing Authori!y.
.
THE ASPEN/P1TKIN CO:;JN HOU21 ~ AUTHORITY
? :; ;
By: . ' rC/~= .L~_____
Cindy L. Chri ensen, Office Manager
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. FOR WILL1AlYIS RANCH AFFORDABLE HOUSING
State of Colorado
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County of,Pitkin ) ~,
-J , The i~r-l:goipg instrument was acknowledged before me this 3&;;(day of.~1995 by John D,
/\tl~rkel as Presi~nt\of Mark IV, Inc. and managing general partner of the Williams Ranch Joint Venture.
, , ~. p ...: ~ Witn~1l1l ~y hand and official seal.
'. <1'::.,...1' . M)!.'co~ission expires: ~-7-9{P
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Notary Public
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, "!:he foregoing instrument was acknowledged before me this.'2C day of Marsh 1995 by Cindy L.
, .'. \ i t. C?~~~~~sen tpe Office Manager of the AspenlPitkin Housing A/hOrity,
.. ,~"., , , Witness my hand and official seal.
J:}>' ('~. "'. My commission expires: /C-;}C''l '1 d~ (/
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EXHIBIT "A"
Legal Description
Lot 1 through Lot 35 inclusive, of the Williams Ranch Subdivision, according to the Plat thereof, recorded
q MtLt.. Aj>ril-1995, in Plat Book ~i at Page l; City of Aspen, Pitkin County, Colorado.
Address
(unit #)
1
2
3
4
5
6
7
8
9
10
.. 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
.35
1 AM\APCHA.OO5
Category
Type
RO-5
RO
RO-5
RO-5
RO-5
RO
RO-5
RO
RO-5
RO
RO
C-4
RO-5
RO-5
RO-5
C-2
C-4
C-4
C-2
C-3
C-2
C-4
C-3
C-2
C-2
C-4
C-4
C-2
RO-5
C-2
C-3
C-2
C-2
C-2
C-3
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
4 BR SF
1 BR DP
4 BR DP
4 BR DP
1 BR DP
3 BR DP
2 BR DP
4 BR SF
3 BR DP
2 BR DP
1 BR DP
4 BR DP
4 BR DP
1 BR DP
4 BR SF
2 BR DP
3 BR DP
2 BR DP
2 BR DP
2 BR DP
3 BR DP
EXHIBIT "B"
Initial Sales Price
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
$ 205,000.00
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
to be determined by Declarant & Buyer
$ 70,800.00
$ 198,000.00
$ 198,000.00
$ 70,800.00
$ 115,000.00
$ 81,000.00
$ 205,000.00
$ 115,000,00
$ 81,000.00
$ 70,800,00
$ 198,000.00
$ 198,000.00
$ 70,800,00
to be determined by Declarant & Buyer
$ 81,000.00
$ 115,000.00
$ 81,000.00
$ 81,000.00
$ 81,000.00
$ 115,000.00
12
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,FOR WILLIAMS RANCH AFFORDABLE HOUSING
.
.
EXHIBIT "C"
Permitted Capital Improvements
1.
The term "Permitted Capital Improvement" as used in the Agreement shall only include the following:
a. Improvements or fOOures erected, installed or attached as permanent, functional, non-
decorative improvements to real property, excluding repair, replacement and/or maintenance
improvements;
b, Improvements for energy and water conservation;
c. Improvements for the benefit of seniors and/or handicapped persons;
d. Improvements for health and safety protection devices;
e. Improvements to add and/or fmish permanent/fixed storage space;
f. Improvements to finish unfinished space; and/or
g. The cost of adding decks and balconies, and any extension thereto,
2.
Permitted Capital Improvements as used in this Agreement shall not include the following:
a.
b.
Landscaping;
Upgrades of appliances, plumbing and mechanical fOOures, carpets, and other similar
included as part of the original construction of the unit;
Jacuzzis, saunas, steam showers and other similar items;
Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing
and mechanical fixtures, painting, carpeting and other similar items;
Upgrades or addition of decorative items, including lights, window coverings, and other
similar items.
c.
d.
e,
3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior
being added to the Maximum Resale Price as defined herein.
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379604 B-775
SILVIA DAVIS
P-822 03/09/95 02:03P PG 1 OF 11
PITKIN COUNTY CLERK & RECORDER
REC
55.012)
DOC
ORDINANCE NO.S-~
(SERIES OF 199'01
AND
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL REVIEW
FOR SUBDIVISION, PUD, GMQS EXEMPTION,
VESTED RIGHTS FOR THE WILLIAMS RANCH PROfECT TO CONSTRUCT
35 DEED RESTRICTED AFFORDABLE HOUSING UNITS AND
15 FREE MARKET LOT ON A PARCEL LOC~TED IN SECTION 7,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM
WHEREAS,
the
Smuggler
Consolidated
Mines
Corporation
("Applicant"), represented by. Tom Stevens and Gary wright,
submitted an application to the Planning Office requesting approval
of the Williams Ranch development which consists of 35 deed
restricted affordable housing units, 15 free market lots, Planned
unit
Subdivision,
Rezoning,
Exemption,
GMQS
Development,
Annexation, 8040 Greenline Review, and special Review; and
WHEREAS, the Williams Ranch property is located immediate
adjacent to the city of Aspen in the AF-l zone district of pitk n
County; and
WHEREAS, the Applicant did file on December 12, 1991 with the
City Clerk of the City of Aspen a petition for Annexation to annex
the subject property to the City of Aspen, and
WHEREAS,
on January 13, 1992, city Council did adopt
Resolution No.4, Series of 1992, finding substantial compliance
with section 31-12-107(1), C.R.S.; and
WHEREAS,
the City Council, by Resolution No. 12, Series of
1992, at its regular meeting on March 23, 1994, did find and
determine, following a public hearing, said Petition for Annexation
to be in substantial compliance with
31-12-104 and 31-12-105,
C.R.S, and
.
.
.
379&04
8-775 P-823 03/09;95 02:03P PG 2
OF 11
WHEREAS, the Applicant and the city of Aspen have consentep
to that certain Annexation Agreement dated
, 1994; and
WHEREAS, the Planning and zoning commission considered the
, r
Applicant's request at a public hearlng on September 13, ,a994, ~t
1
which time the Commission recommended approval to City Council fdr
the Subdivision, Rezoning, PUD, GMQS Exemption, and Annexation.
The Commission also granted 8040 Greenline review and Special
Review for parking and open space, subject to conditions
Planning and zoning commission Resolution 94- ; and
WHEREAS, the Commission voted 4-0 to recommend approval
this project to city Council; and
WHEREAS, pursuant to section 24-7-1004 Subdivision, section
24-7-901 Planned Unit Development, and section 24-8-104 GMQS
Exemption, City council may approve the Applicant's request; and
WHEREAS, city council considered the Applicant's request ~t
a duly noticed public hearing on November 14, 1994 at which time
council determined that this project complies with the applicable
requirements of the Municipal Code; and
WHEREAS, city council has found that a multi-year development
allotment for one free market unit pursuant to section 24-8-103(D)
is appropriate to accommodate this project; and
WHEREAS, the approvals granted herein are specifical~y
conditioned upon city council approval of said Petition for
Annexation by Ordinance duly adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
OF ASPEN, COLORADO:
2
e
.
.
37%04
B-775 P-824 03/09/95 02:03P PG 3
OF 11
section 1: Pursuant to section 24-7-1004 Subdivision, section 24-
7-901 Planned Unit Development,
and section 24-8-104 GMQS
Exemption, City Council does hereby approve the applicant's request
subject to the terms and conditions of said Annexation Agreement
and upon adoption by the city Council of an Annexation Ordinance
annexing the subject property to the City of Aspen; and subject
further to the following conditions:
1.
The zoning
conditions
applicant:
Enforcement Officer has recommended the followinq
of approva 1 that sha 11 be adhered to by the
a.
Building envelopes on the free market lots shall contain
all development and disturbance proposed for those lots.
Natural vegetation shall be maintained outside the
designated building envelopes. This condition shall be
noted on the Final Plat.
b. No development shall be permitted to encroach into any
easement areas identified on the Final Plat. This
condition shall be noted on the Final Plat.
c. Prior to the development of each lot, a separate
topographical and boundary survey with corner monuments
shall be prepared by a registered land surveyor and
submitted with the building permit.
d. The free market units shall provide one parking space
per bedroom.
e. Allowed floor area square footages shall be based on the
lot areas identified on the Final Plat.
f. Pitkin County's definition for calculating height and
determining natural grade shall be used for this project.
g. Lots 3 - 15 have received a PUD variance for the front
yard that addresses the requirement of section 24-3-101
Yard (A) (5), which permits driveways or cut slabs greater
than 30 inches below grade within the required yards.
h.
All heights and FAR calculations shall be verified when
3
.
.
.
379604
8-775 P-825 03/09/95 02:03~ PG 4
OF 11
working drawings are submitted to the Building Department
for building permit review. The drawings included in the
application packet do not contain adequate detail for
this level of review.
2. The applicant shall comply with the following conditions
regarding pedestrian areas:
a. The Final Plat shall identify pedestrian easements on all
lots that are adjacent to roads.
b. Hard surface pedestrian walking areas shall be placed on
one side of all roads within the subdivision and alo~g
one side of the main access road across Mollie Gibson
park to Smuggler Mountain Road.
c.
All hard surface pedestrian walking areas
maintained in a sui table walking condition
round basis.
shall be
on a year
d. The Covenants and approvals shall specify whether the
Homeowner's Associations or individual property owners
are responsible for snow removal and maintenance of these
walkways.
3 .
The applicant shall complete an ACSD Collection System
agreement, and shall comply with ACSD Rules, Regulations, and
specifications, prior to the issuance of any building permits.
4. The following conditions of approval from the Environmental
Health Department, shall be adhered to by the applicant:
a. The applicant shall adhere to the fugitive dust control
plan filed in the Environmental Health Department.
b. The applicant shall file a fireplace/woodstove permit for
each structure with the Environmental Health Department,
prior to the issuance of any building permits.
c. Construction hours shall be limited to 7:00am to lO:OOpm
to minimize construction noise on neighboring properties.
5. The applicant shall comply with the following conditions as
they relate to the Housing Office:
a. The applicant may choose the first time purchasers of the
affordable housing units, as long as each purchaser
complies with the Aspen/pitkin County Housing Guidelines
and each purchaser has been approved by the APCHA.
b.
All resale affordable housing units shall come under the
jurisdiction of the APCHA and its guidelines.
4
.
.
37960'+
8-775 P-826 03/09/95 02:03P PG 5
OF 11
c.
The Master Deed Restriction shall be filed and approved
by the Housing Office within 180 days of City council]
approval of the project.
. d. Ten of the Resident occupied "RO" units shall comply wit'h
the RO requirement for the city of Aspen in the 19914
Aspen/pitkin County Housing Office 1994 Affordable
Housing Guidelines. The remaining five RO units shall
meet all the requirements of the Housing Guidelines"
except there will be no asset or income limitations for
these residents.
6. The turnaround at the intersection of Freesil ver Road and
Williams Ranch Drive shall be redesigned subject to approv91
of the city Engineer and the Fire Chief. Alternately, the
applicant shall install residential sprinkler systems in all
residential units.
7.
Lots 1
installed
drawings.
15 shall have a residential sprinkler syst~m
and these shall be indicated on the building permit
8 .
Development on Lot 15 is limited to eighteen feet in heignt
(plus five feet to the mid-point), as calculated by Pitkin
County's Land Use Code. All other lots are subject to the 25
foot height limitation of the City of Aspen, and are
calculated using pitkin county's definition for height.
9.
The water pump serving the upper
records of pump maintenance and
inspection by the Fire Marshall.
lots shall have adequa~e
servicing available for
10. The emergency access road shall be a minimum of 20 feet wiqe
and maintained in a passable condition on a year round basis.
The improvements agreement, declarations, and covenants shall
specify that snow removal will be provided by the Homeowner's
Associations for the emergency access road.
11. The allowable floor area for the free market parcels shall not
exceed 90% of what is permitted in the AH zone district. If
the proposed floor area for any free market parcel is over 80%
of the permitted floor area for the AH zone district, thenla
complete 8040 Greenline Review by the Planning and Zoning
Commission shall be required prior to the issuance of at!1y
building permits for that lot. In the 8040 Greenline Review
process, particular attention shall be focussed on
requirements 7 and 8, which provide for the preservation of
the mountain as a scenic resource and design to blend into the
open character of the mountain.
. 12. Lots 1
15 shall have an engineer evaluate the site
5
.
.
.
3791S04
13 .
8-775 P-827 03/09/95 02:03P PO 6
OF 11
conditions to recommend foundation design, prior to building
permit review on each parcel.
A licensed engineer shall submit a report
foundation design for the affordable housing
the issuance of any building permits.
addressing the
units, prior to
14. As discussed in the referral comments dated August 24, 1994
from the Engineering Department, the applicant shall comply
with the following:
a. The free market units shall be required to provide for
on-site stormwater detention, prior to the issuance of
any building permits.
b. Soil erosion controls and the debris interceptor shal,l
be indicated on the Final Plat drawings. Construction
drawings for each phase of work shall be designed by a
licensed engineer and indicate appropriate runoff controll
measures. The plans shall be submitted and approved by
the Engineering Department, prior to any earthmovin'g
activities.
c.
The applicant shall dedicate public right-of-way or an
easement for Spruce Street along the north property
boundary on Lots 1 - 4 and provide a seven foot easement
for snow storage along these lots.
d. All access roads shall be a minimum of 20 foot driving
width. This also applies to the "driveway" call~d
williams Court.
e. The "grass over paver blocks" or similar system for tlie
emergency access lane off spruce Street shall be designed
and engineered to handle emergency response vehicle
loads. This plan shall be reviewed and approved by tlie
Fire Marshall, prior to the issuance of any building
permits.
f. The applicant shall submit construction drawings and
specifications, stamped by a registered engineer, and
obtain written permission from Engineering prior to anY
road work, utility construction, or grading/drainage
construction.
g. Prior to signing the Final Plat, the applicant shall
submit a letter by a registered engineer stating that tlie
road designs meet the requirements of section 24-7-
1004(C) (4) (a) (10) and (13).
h.
The Final Plat shall indicate a 20 mph speed limit signs
to be installed by the applicant as identified in the
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8-775 P-828 03/09/95 02:03P PG 7
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Traffic Report.
i.
In addition to the required 100 foot diameter turnaround
for the intersection of Freesilver Road and Williams
Ranch Drive, a seven foot buffer shall be designgd
outside this turnaround that will be for drainage, snow
storage space plus a five foot pedestrian path. This
shall be identified on the Final Plat.
j. An easement for the snow storage areas within the
development shall be indicated on the Final Plat.
k. The applicant shall provide three single globe antique
street lights for this project, one at the intersectiqn
of Williams Drive and Teal Court, one at the
intersection/turnaround of Williams Ranch Drive and
Freesilver Road, and one at the intersection of Williams
Ranch Drive and Freesilver Road. Intermediate, low level
street lighting shall be provided between intersections.
Design, style and location of these lights shall be
approved by the City Engineer.
1. All utilities, except natural gas, shall be stubbed out
to the property lines prior to paving the access roads.
m.
Any property monuments
construction (including
a land surveyor.
removed or
landscaping)
disturbed during
shall be reset by
n.
Prior to Final
shall be set
subdivision.
Plat approval, property corner monuments
on the external boundaries of the
o. The Final Plat and subdivision agreement shall include
a note specifying that trash storage and recycle areas
will be located on private property and not within access
and utility easements.
p. The Final Plat must meet the requirements of section 24-
7-1004 (D) of the Municipal Code. The Plat shall also
include certificates of plat approval for utility
location and easement width by all utility companies and
approval by all easement holders on the property.
q. The "Final Plat" will consist of all boundary,
certificate, site, engineering, and architectural
drawings approved by the City. All sheets containing
engineered drawings must be stamped by a registered
engineer.
r.
The applicant shall agree to join any future improvement
districts which may be formed for the purpose of
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379604
B-775 P-829 03/09/95 02:03P PG 8
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constructing improvements in the adjacent smuggler area
public rights-of-way.
s.
The applicant shall consult city engineering (920-5080)
for design considerations of development within publ~c
rights-of-way, parks department (920-5120) for vegetatiCln
species, and shall obtain permits for any work or
development, including landscaping, within public rights-
of-way from the city street department (920-5130).
t.
Guest parking areas shall be delineated on the Final Plat
and all pull in parking spaces shall be redesigned to
comply with the requirements of the Municipal Code.
15. No accessory dwelling units are permitted to be constructed
in any of the Williams Ranch residences.
16.
As stated in
september 7,
following:
the Parks Department
1994, the applicant
referral comments dated
shall comply with the
a.
The applicant shall obtain an easement from the ditch
owners for the proposed trail along Salvation Ditch.
Specific information regarding trail standards and
materials shall be included in the application. The
applicant should dedicate this as a public easement.
b.
Prior to the issuance of any building permits, tJ!le
applicant shall submit a detailed landscape plan that
identifies trees six inches in diameter and over.
Landscaping in any right-Of-way should also be included
on the landscape plan. The Parks Department will review
and approve the final landscape plan to be recorded with
the Final Plat documents.
c. The applicant shall comply with Ordinance 37 Series of
1991 as it relates to irrigation methods.
17. The applicant shall pay the $157,360 park development impa~t
fee prior to the issuance of any building permits, unless the
applicant provides a cost breakdown of the park improvemen~s
as specified section 24-5-608.
18. The Final Plans shall indicate a small ditch water feature
along the Salvation Ditch alignment to maintain the historiic
character of this area.
19. The applicant shall provide a Final Plat and Subdivision
Improvement Agreement, satisfactory to the City Attorney,
Engineer and Planning Office, detailing the costs of all
proposed public improvements within 180 days of City Counciil
review. The guarantee of these improvements shall be in place
8
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37%04
8-775 P-830 03/09/95 02:03P PG 9
OF 11
20.
before the issuance of any building permits. All publ ic
improvements shall be completed, in place and accepted by the
appropriate agency before issuance of any certificate of
Occupancy's.
The I applicant shall explore restricting residential
development on the remaining 30 acres in Pitkin county, with
the exception of a night watchman's quarters, not to exceed
1,500 square feet in floor area.
21.
The City Engineer shall pursue a text amendment to allOw
variations of subdivision design standards as set forth in
section 24-7-1004(C) (4) of the Aspen Municipal Code.
22.
Only Lot 5 shall have access via Spruce street.
23.
Prior to the commencement of any construction activities on
this property, the applicant shall receive final Annexation
and Rezoning approvals from the city of Aspen.
24.
The applicant shall comply with the recommendations made by
Bruce Collins in his geologic report dated January 19, 1994.
25.
All material representations made by the applicant
application and public meetings shall be adhered
considered conditions of approval, unless otherwise
by other conditions.
in the
to and
amended
26. The applicant shall grant a Public Recreation Easement to the
City of Aspen for the open space parcel adjacent to Salvatipn
Ditch.
27. The applicant agrees not to seek any variances to the 25-fobt
height limit for structures, as based upon the Pitkin Coun~y
regulation pertaining to the measurement of bui lding height's.
section 2:
Pursuant to section 24-6-207 of the Aspen Municip'al
Code, City Council does hereby grant the Applicant vested righlts
for the Williams Ranch Subdivision site development plan as
follows:
1.
The rights granted by the site specific development pllan
approved by this Ordinance shall remain vested for three ('3)
years from the date of final adoption specified belbw.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
9
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37%104
8-775 P-831 103/109/95 i02:i03P PG 110 OF 11
vested property
all plats and
Municipal Code
vested rights.
rights. Failure to timely
agreements as specified
shall also result in the
and properly record
herein or in the
forfeiture of said
2. The approval granted hereby shall be subject to all rights o~
referendum ana judicial review.
1
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this Ordinance or the
general rules, regulations or ordinances of the City provided
that such reviews or approvals are not inconsistent with th~
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all propertie,s
subject to land use regulation by the City of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the city
of Aspen, no later than fourteen (14) days following final adoption
hereof.
Such notice shall be given in the fOllowing form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of !a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following
described property:
The property shall be described in the notice and appended to said
notice.
Section 4:
This ordinance shall not become effective unless and
until the city Council approves the Petition for Annexation by du~y
enacted ordinance annexing the subject property to the city qf
10
37%04
8-775 P-B32 03/09/95 02:03P PG 11 OF 11
. Aspen.
section 5: A public hearing on the Ordinance shall be held on the
K day of ~, 1994 at 15:00 P.M. in the City Council
,
Chambers, Aspen City Hall, ~$pen, Colorado.
Fifteen (15) days
prior to the hearing a public notice of the hearing shall be
published in a newspaper of general circulation within the city of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Asp~n on the ~ day of .~."i(t."1-
1994.
~/~~
Joh Bennett, Mayor
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city Clerk
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FINALLY, adopted, passed and approved this
~, 1994.
~/Iday of
~t3~
John ~ennett, Mayor
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