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Home My WebLink AboutLand Use Case.10 Club Cir.A022-99- .- 1../.-- L D Cl#h e,J PN: 2735-112-02017 Case A022-99 ' Maroon Creek Club Insubstantial Amend. *DA01[*0 1 l~ 57 4 -L_ .4 ......,Li#46:2..1 - 2052 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970)920-5090 City of Aspen Land Use: 9 / PU 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health ~ 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 6 1077 Plumbing Permit ~ 1078 Reinspection r Other Fees: 4 1006 Copy o 1302 GIS Maps ~ 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu ~ 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. 94>_3 --/* L TOTAL F-r-j /7 1.- 1 .-5Â·D--, <O â‚¬-2-04 ~ NAME: ~ ADDRESS/PROJECT: ~ "~ ~ - ~~ i_,l -1.1, [ PHONE: ' b *11 01 25 CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL: ~ 1 -9-3-5 ./ U- OlD 1-9.- /~ 7.......#9.9/"m.~~./...../-/.....9"m,Me'm""Im,Impz~tut.1 1-1,7 1,~1-7- - -- - jv CASE STATUS SHEET Case # 4022 - 99 Case Assigned To: ~~-2.2 ,(~ 63.d Representative's Name: C L a_ u) & 1, Phone: 941 - 457Â° Fax: Activity: 0Â¥1 / Date Assigned: n 4/ p g Date Applicant Contacted: Date of Site Visit: Date of Determination of Completeness Date o f DRC Meeting: P&Z Date(s): HPC Date(s): Council Date(s): Date Action/Activity Ali 3 rÂ» 03) ff j L_ 4- 1./1.03 Re_u - 1 ,/ L, Au.Ll T t.4-J .-8.3 r U 2- b c 'J Â«.12... LU U 0~ 61 4 i~-_L L t61_ r. c.,4-icu~ ,'.t/1 -4 hi ......: A, w' n.>1-Ye.4.n, Uu 7-LÂ·,-r . - 3 /L-r-,.7 -41Â·Â·Â· - % 1 1 1, IÂ«D--) 6-. 6 1 1-3 J (4 f J-~4 r.e.4(* f\".e 0 J -r j,7 4 L_ <3% -Â£Â·-u.--l 2 ~ A n -77 r-,~ 7 Rti,4 0'Â¥ dfM Â· 041*n .. PARCEL ID:~2735-112-02017 DATE RCVD: ~02/26/99 # COPIES:11 CASE NO~A022-99 CASE NAME:~Maroon Creek Club Insubstantial Amendment PLNR:~ PROJ ADDR:~10 Club Circle CASE TYP:~Insubstantial Amendment STEPS:j OWN/APP: Maroon Creek, LLC ADR~10 Club Circle CfS/Z:~Aspen, CO 81611 PHN:|920-1533 REP:|Chuck Vidal ADR:~P O. Box 3159 C/S/Z:~Aspen, CO 81612 PHN:|925-4530 FEES DUE:~460 (d) FEES RCVD~460 STAT: E-- REFERRALS~ REF:~ BY| DUE:| MTG DATE REV BODY PH NOTICED 1 DATE OF FINAL ACTION:~ CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:~ BY: ~ DRAC: PLAT SUBMITD: ~ PLAT (BK.PG):| ADMIN: ~ LAND USE APPLICATION ~ PROJECT: Name: .f>kef>1>r.tr C..Fist/Z-*1- ./,J Location: t'24-5- 5- c,F- AL;L,GA, i (Indicate street address. lot & block number. legal description where appropriate) APPLICANT: Name: In ABLOON C 2, Ad, LA 6 /1 4 Address: /L., 6_ A. 6/e JV,â‚¬V, E // /,1., 4-2-3 $ 9// // 1 Phone#: (12-*03 72 0-- / 5-3<3 REPRESENTATIVE: Name: K 'Aâ‚¬Â£ e 2- l iI J =( 1 Address: ~~ G<143 lict, /150 0 -4 .66),â‚¬26/3. pbone#. 0772>\ 13 4--95--re FDA 790 73<-- 45-7 6- i TYPE OF APPLICATION: (please check all that apply): j Conditional Use 1 Conceptual PUD D Conceptual Historic Devt. j Special Review m Final PUD (& PUD Amendment) g Final Historic Development ~ Design Review Appeal U Conceptual SPA U Minor Historic Devt. E GMQS Allotment m Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption ~ Subdivision m Historic Designation E ESA-8040 Greenline. Stream El Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion 1,Tr~111Â·~61;Â¥' T fi-.v 011,4, U Lot Split U Temporary Use 0 Other: 1,4,/:-Â·,4 544.-- ~1 Lot Line Adjustment E Text/Map Amendment 44.- EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 00â€žeu s - /6 hoG 6/4 60Â«,>e- ..61Â£' 8 Houik %.F LE I 52.4 6 au,e $ , <6 F- t-4 6 .hc) b PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) _67 &*Lid 811- 52'ct ,062&&, 04/0,3 51'44-03,(72 73~Â»ee.:40.2.-71A~~4.I,-Â£~,r' 9 1 Have you attached the following? FEES DuE: $ 9309 El Pre-Application Conference Summary I21 Attachment #1, Signed Fee Agreement El Response to Attachment #2, Dimensional Requirements Form El Response to Attachment #3, Minimum Submission Contents ID Response to Attachment #4, Specific Submission Contents E Response to Attachment #5, Review Standards for Your Application .. CASE NUMBER A022-99 PARCEL ID # 2735-112-02017 CASE NAME Maroon Creek Club Insubstantial Amendment PROJECT ADDRESS 10 Club Circle PLANNER Julie Ann Woods CASE TYPE Insubstantial Amendment OWNER/APPLICANT Maroon Creek, LLC REPRESENTATIVE Chuck Vidal DATE OF FINAL ACTION CITY COUNCIL ACTION APPROVED PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 12/20/04 BY D Driscoll RECEP'77 FEB 7 0 2000 ~ . 44Â£/e 0, ASPEN / PiTKIN Recorded at o'clock .M. Reception No Recorder RECORDED REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of , 1999. 1. RECITALS. 1.1 Declaration. (a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited liability company and County of Pitkin, Colorado ("County") are parties to that certain agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned all of its rights under the SIA to the City and the City assumed all of the County's obligations under the SIA. (c) Maroon Creek Limited Liability Company ("MCLLC"), a Colorado limited liability company is Pearce's successor with respect to the Property, including all of Pearce's rights and obligations under the SIA. 1.2 Amendments to SIA. MCLLC and the City desire to amend the SIA as set forth in this Amendment. 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendment to Paragraph 7. (a) MCLLC shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph 7(a) of the .. SIA is hereby deleted in its entirety and the phrase "Intentionally left blank" substituted therefor. (b) The $175,000, that MCLLC has provided as "Security" (as defined in Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendment to Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor: Maroon Creek Pedestrian Bridge. MCLLC shall contribute Three Hundred Thousand and No/100 Dollars ($300,000.00) towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin/Rotary Park. The City shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will not commence until: (a) one hundred percent (100%) of the funding is available; (b) the City has demonstrated to MCLLC's reasonable satisfaction that all easements have been procured by the City to relocate the Government Trail in accordance with Paragraph 2.3 of this Amendment; and (c) all access easements required on the east side of the bridge has been obtained. The City covenants to MCLLC that construction of the pedestrian bridge will be completed within eighteen (18) months of commencement. The City shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due from MCLLC will be due within thirty (30) days after written notice is given by the City to MCLLC that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, MCLLC shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of MCLLC to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of MCLLC to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31, 2001, then in full satisfaction of any obligation to contribute towards construction of the bridge, MCLLC shall make an unrestricted donation of one Hundred Thousand and No/100 Dollars ($100,000.00) to the City of Aspen Parks and Open Space Funds and any " Security" provided by MCLLC in accordance with Paragraph 14 for the construction of the bridge (including the $175,000 which was to .. initially earmarked for construction of the pedestrian underpass) shall be returned to MCLLC. (b) The City acknowledges and the parties agree that upon execution of this Amendment MCLLC will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e., $100,000 that has always been earmarked for the pedestrian bridge plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of MCLLC's obligation under the first sentence of Paragraph 8 of the SIA. As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by MCLLC as Security and MCLLC shall pay the City an additional $200,000 for a total of $475,000.00 towards the construction of the bridge. If construction of the bridge does not commence by December 31, 2001, the City shall return $275,000 to MCLLC and MCLLC shall make an unrestricted donation of $100,000 to the City of Aspen Parks and Open Space Funds. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, MCLLC shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail across Lots 3,4 and 5 as indicated on the *Final Plat, or, in the alternative, on the west side of Maroon Creek along the Stapleton Brothers Ditch to where the Stapleton Brothers Ditch meets Common Lot Q as indicated on the Final Plat, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after MCLLC notifies the City that USFS approved specifications have been developed, MCLLC shall use all reasonable efforts, without any obligation to spend money, to provide the City all easements required to relocate the Government Trail on open space Lot 49 and Common Lot Q (it being understood that to the extent consent of the City is required to relocate the Government Trail accordingly, such consent shall be granted and it being further understood that the consent of Aspen Skiing Company may also be required with respect to any such relocation of the Government Trail). The City shall use reasonable efforts to procure, at the City's sole cost and expense, any and all other easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). Within sixty (60) days (weather permitting) after the City demonstrates to MCLLC's reasonable satisfaction that all easements have been procured by the City to relocate the Government Trail accordingly (including the access easements to be provided to the City by MCLLC on open space Lot 49 and Common Lot Q) and the USFS has approved the proposed relocation, MCLLC shall, at MCLLC's cost and expense commence to relocate the Government Trail in accordance with the USFS- approved specifications. MCLLC shall have no obligation to commence relocating the Government Trail unless and until all easements have been obtained and proof of such easements has been provided to MCLLC and the USFS has approved the proposed relocation. .. 3. MISCELLANEOUS. 3.1 Representations. (a) The City represents to MCLLC that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true. (b) MCLLC represents to the City that MCLLC has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(c) is true. 3.2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA. 3.3 Countervarts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: By: Vt/US d.,44.0.. *U+r By: //Name Title Ad,4 Name 47?1/4, V MAROON CREEK LIMITED LIABILITY COMPANY, a Colorado limited liability company James T. Pea*414., Menib@r Il ! 1 4 .. STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 10999 by as for the City of Aspen, Colorado. .2000 WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) 4\A The foregoing Instrumen~Usacknowledged before me this 1 6 day of ~aÂ¥Pvl ep-Ll , P999 by James T. Pearce, Jr., Member of Maroon Creek Limited Liability Company, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public My Commission Expires 10/21/2002 M:\clacroix\Maroon\SIA\SIA.amencl5.wpd ~ ~ CARLA E. FREEMAN i 5 Â£*4 ne-De . LÂ¥= Memorandum Aspen - 50 Years After Goethe Mind - Body - Spirit TO: Jeff Woods, John Krueger, Julie A. Woods, Randy Ready FROM: John P. Worcester RECEIVED DATE: October20, 1999 00% 2 1999 ASPEN / PITKIN RE: Maroon Creek SIA Amendments COMMUNITY DEVELOPMENT Attached please find the latest version of the proposed amendments to MCC's SIA. Please review it carefully and let me know of any problems. If this meets with everyone's concerns, we will proceed to have it executed and take it to Council. If I don't hear from you by November 1, I will assume you do not have any objections. Thanks 1 .. Draft +002-8/98 10/6/99 Recorded at o' clock .M. Reception No Recorder RECORDED REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C, 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of , +998 1922, 1. RECITALS. 1.1 Declaration. (a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited liability company and County of Pitkin, Colorado ("County") are parties to that certain agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned all of its rights under the SIA to the City and the City assumed all of the County's obligations under the SIA. (c) Maroon Creek Limited Liabilit?--Company ("MCLLC")1 a Coloradtlimited liability company is Pearie' s successor_with respect to the Property. includiul all of Pearce'g_rights and owigations under the SIA, 1.2 Amendments to SIA. Pearce MCLLC and the City desire to amend the SIA as set forth in this Amendment. 2. AMENDMENT. The SIA is hereby amended as follows: 110SWEILHOEH al)IJEWS WdGE : IB 66, 90 100 .. 2.1 Amendment to Paragraph 7, (a) Pwaico MCLLC shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph 7(a) of the SIA is hereby delered in its entirety and the phrase "Intentionally left blank" substiruted therefor. (b) The $175,000, that Pearce MCLLC. has provided as "Security" (as defined in Paragraph 15 of tile SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below, 2.2 Amendment to Para,raph 8. (a) Paragraph 8 of the SIA is hereby deleted in irs entirety and the following substituted therefor: Maroon Creek Pedestrian Bridge. Pearee MCLLC shall contribute Three Hundred Thousand and No/100 Dollars ($300:000,00) towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will not commence unti.1~21 one hundred percent (100%) of the funding is available an+that-u wii. Li Uctioll will be Â©0111Fl,Lwl 'within ullu (1) >car of wuuiiwiwificnt. Tllc City ,hall bo responsil,le for ebtainms jul,iantially anyi (b) the City has demonstrated to MCLLC'g reasonable satisfaction that all easements have been procured by the City to relocate thÂ£ Government Trail in accordance with Paragraph 2.3 of this Amendment: and (c) all access easements required on the east side of the bridge has been obtained. The Citv coyenants to MCLLC that construction of the pedestrian bridge will be Â£9mpleted within one (1) year of commencement. The City shall be responsible for obtaining anv access easements required on the east side of *e bridge. The contributions due from Pearce MCLLC will be due within thirty (30) days after written notice is given by the City to Pearce MCLLC. that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce MCLLC shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce MCLLC to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of Pearce MCLLC to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed, The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before 2 E.d 178898 1*03H (33 I -dMldS WEGE :I@ 66, 90 100 .. December 31, 20001, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pcaree MCLLC shall make an unrestricted donation of one Hundred Thousand and No/100 Dollars ($100:000.00) to the City of Aspen Parks and Open Space Funds and any "Security" provided by Pearce MCLLC in accordance with Paragraph 14 for the construction of the bridge (including the $175,000 which was initially earmarked for construction of the pedestrian underpass) shall be returned to 4 1/71 T H 1 bal LU &34=2~~~, (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce MCLLC will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e; $100,000 that has always been earmarked for the pedestrian bridge plus the S175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pesree'Ls MC]LLC's obligation under the first sentence of Paragraph 8 of the SIA, As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Peafee 1ICLLC as Security and Peafee MCLLC shall pay the City an additional $200: 000 for a total of $475,000.00 towards the construction of the bridge. If construction of the bridge does not commence by December 31, 2000 2001, the City shall return $275,000 to Pearce MCLLC and Pearce MCLLC shall make an unrestricted donation of $100,000 to the City of Aspen Parks and Open Space Funds. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, Pearce MCLLC shalI meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after Pearce MCLLC notifies the City that USFS approved specifications have been developed P &41 UL 13 hall , MCLLC shall use all reasonable efforts. without any obligation to_spend money. to provide the City all easements required to relocate the Government Trail <specific=Hy on open space Lot 49 and common Lot Q.) MCI)C ahail prwura, at MCDCU O (it being understood that to the extent consent.of the City is 4 required to relocate the accordingly,. such consent shall be granted and it being further understood that the consent of Aspen Skiing Company may also ke required with rispect to anv such relocation of the ). The City shall use rf#sonable efflrts to.Rrocure, at the Citv's -sole cost and expense, any and all access other easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). After all r,quired Consents, aaiuâ€¢-mwil,-ane-lece0 0 .9.,billkiits,Â·have-beerrul,Lam,J andfui piu.uiL.1, I'carce shall 6; 1=OpullSiblc, at P.,uk,6 Guel and C-Xpcilic for 1-uluuating Within sixty (60) days (weather permitting) after the City_demonstrates to MCLLC's reasonable satisfaction that all easements have ileen procured by_thegity to relocate the Government Trail accordingly Â®cluding the access eagments to be provided..to the Citv 3 t''d 110SeS 1HDEH G-EI32189 WdeE: I@ 66, 90 100 .. bv MCLLC on qpen space Lot 49 and common Lqt Qi and_the USFS-has appr9ved the proposetrelocatioLMCLLC shall. at MCLLC's cos;t and exp_ense commence to relocate the Government Trail in accordance with the USFS-approved spceHication. Pcaric al~all b, -ui- 1,â€žpiuvi,igiheÂ·Â·trailfre:ni.1Â£ USTS Dillau-across Dviaroo,-i Cieck; alung th, Stapleton Brothers Ditch, un 62+w 1Iighlands Subdivision Parcel A and MCDC Eu,uuion Parcel Q (Sce Exhibit " A "). Pearce shall bc responsible for the construction of the trail COIin,C[ion aad any 10411ifud alfllitilre frum the trail .10.5 11.foon Creek, switch backing up the hill on Cominon Panel Q tu Tichack Ruad to connu[ to tlic relocated Government frail: apecifigations and Exhibit "A". MCLLC. shall haye no obligation to commence relocatinglhe Gover#ment Trail unless and until alleasements-have been obtained and proof of such eagments has_been provided to MCLLC anithe USE3 has approved the proposed rdocation. 3, MISCELLANEOUS. 3,1 Representations, 2 The City represents to Pearee MCLLC, that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true. (b) MCLLC represents to the City that-MCLLC has full authoritv to tnter into this Amepdment and that the recitation in Paragraph-1.1(c) is true. 3,2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA. 3.3 Countervaril. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: By: IBy: Name Title Name Title PEARCE EQUITIES GROUP II MARQON CREEK LIMITED 4 G.d 11WSES 1HD3H (I13Idh!99 WdLE :I@ 66. 90 lE Wl. .. LIABILITY COMPANY, a Ehalt Colorado limited liability company By: James T. Pearce, Jr., Member 5 9.d 119386 1HD3H GlEI-33!09 WdLE: ID 66, 90 130 .. STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 4990 1999 by as for the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Instrument was acknowledged before me this day of , *998 1999 by James T. Pearce, Jr., Member of Pearce EquitierÂ·Group-H Margon_Creek Limited Liability Company, a Wtah Â£Â§122Â§2 limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public MkclacrciA\Maroon\Sia\SIA.AMEND.REDLINE 6 2.d 110Stja 1HDEH GlEI-32*59 WdLE: Ie 66, 90 100 .. EXHIBIT A Description of Government Trail as relocated 7 8'd 118596 1H03H a73IJEWS WdZE: I0 66, 90 100 .. This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : M:\CLACROIX\MAROON\SIA\SIA.AMEND.WPD and revised document: M:\CLACROIX\MAROON\SIA\SIA.AMEND3.WPD CompareRite found 47 change(s) in the text Deletions appear as Strikethrough text Additions appear as Bold + Dbl Underline text 8 6-d 112SWE 1HD3H G13IJEWS WdSE: Te 66, 90 100 .. r--7-4 THE CITY OF ASPEN- OFFICE OF THE CITY ATTORNEY June 2,1999 Chuck Vidal ' Real Estate Affiliates 117 S. Monarch Aspen, Colorado 81611 Re: Maroon Creek SIA Dear Chuck: Enclosed please find two versions of the latest SIA proposal. The first version is a copy showing the proposed changes and the second is a clean copy. Please review and let me know if we are ready to finalize this matter. If you have any questions, please let me know. Sincerely, /1 1 /4{ itu â‚¬6 f ~r. u John P. Worcester City Attorney CC: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. 44 JPW-06/02/99-G:\john\word\letters\vida.16.doc 130 SOUTH G.ALENA STREET Â· ASPEN, COLORADO 81611-1975 PHONE 970.920.5055 Fa 970.920.5119 Printed on Rpc ded Paper â€¢422@ .. Draft 10/28/98 Recorded at o'clock .M. Reception No Recorder RECORDED REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of 1998. 1. RECITALS. 1.1 Declaration. (a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited liability company and County of Pitkin, Colorado ("County") are parties to that certain agreement dated September 2, 1993 entitled " Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned all of its rights under the SIA to the City and the City assumed all of the County' s obligations under the SIA. 1.2 Amendments to SIA. Pearce and the City desire to amend the SIA as set forth in this Amendment. 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendment to Paragraph 7. (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of flo subparagraph 7(a) of the SIA is hereby deleted in its entirety and the phrase "Intentionally left blank" substituted therefor. (b) The $175,000, that Pearce has provided as "Security" (as defined in Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendment to Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor: Maroon Creek Pedestrian Bridge. Pearce shall contribute Three Hundred Thousand and No/100 Dollars ($300,000.00) towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will ae not commence until one hundred percent (100%) of the funding is available and that construction will be completed within one (1) year of commencement. The City shall be responsible for obtaining substantially any access easements required on the east side of the bridge. The contributions due from Pearce will be due within thirty (30) days after written notice is given by the City to Pearce that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31, 20001, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of one Hundred Thousand and No/100 Dollars ($100,000.00) to the Pitkin County Open Space Board City of Aspen Parks and Open Space Funds and any "Security" provided by Pearce in accordance with Paragraph 14 for the construction of the bridge (including the $175,000 which was initially earmarked for construction of the pedestrian underpass) shall be returned to Pearce. (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e., $100,000 that has always been eannarked for the pedestrian bridge plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 1 . . of the SIA. As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security and Pearce shall pay the City an additional $200,000 for a total of $475,000.00 towards the construction of the bridge. If construction of the bridge does not commence by December 31, 2000, the City shall return $275,000 to Pearce and Pearce shall make an unrestricted donation of $100,000 to the .Pi~eia=-Geemy GpeaÂ·Â·SBeeÂ·Beed City of Aspen Parks and Open Space. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after Pearce notifies the City that USFS approved specifications have been developed Pearce shall provide the City all easements required to relocate the Government Trail (specifically on open space Lot 49 and common Lot Q.) the Ciri shall procure, Itt the City's cost and expense, any and all access easements that may be required to relocate the Government Trail MCDC shall procure, at MCI)C's expense, any and all access easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). After all required consents, agreements and access easements have been obtained and/or procured, Pearce shall be responsible, at Pearce's cost and expense for relocating the Government Trail in accordance with the USFS-approved specification. Pearce shall be responsible for building or improving the trail from the USFS Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on Aspen Highlands Subdivision Parcel A and MCDC Common Parcel Q (See Exhibit "A"). Pearce shall be responsible for the construction of the trail connection and any required structure from the trail along Maroon Creek, switch backing up the hill on Common Parcel Q to Tiehack Road to connect to the relocated Government Trail. 3. MISCELLANEOUS. 3.1 Representations. The City represents to Pearce that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true. 3.2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA. 3.3 Counterparts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. .. IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: By: By: Name Title Name Title PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company By: James T. Pearce, Jr., Member STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1998 by as for the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) .. The foregoing Instrument was acknowledged before me this day of , 1998 by James T. Pearce, Jr., Member of Pearce Equities Group II Limited Liability Company, a Utah limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public EXHIBIT A Description of Government Trail as relocated . Recorded at o'clock .M. Reception No Recorder RECORDED REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of 199- 1. RECITALS. 1.1 Declaration. (a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited liability company and County of Pitkin, Colorado ("County") are parties to that certain agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned all of its rights under the SIA to the City and the City assumed all of the County's obligations under the SIA. 1.2 Amendments to SIA. Pearce and the City desire to amend the SIA as set forth in this Amendment. 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendment to Paragraph 7. (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph 7(a) of the SIA is hereby deleted in its entirety and the phrase "Intentionally left blank" substituted therefor. (b) The $175,000, that Pearce has provided as "Security" (as defined in Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendment to Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor: Maroon Creek Pedestrian Bridge. Pearce shall contribute Three Hundred Thousand and No/100 Dollars ($300,000.00) towards construction of a public pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be responsible for the construction of the bridge, obtaining all requisite permits and agrees that construction of the bridge will not commence until one hundred percent (100%) of the funding is available and that construction will be completed within one (1) year of commencement. The City shall be responsible for obtaining substantially any access easements required on the east side of the bridge. The contributions due from Pearce will be due within thirty (30) days after written notice is given by the City to Pearce that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shall provide any required access easements on Common Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31, 2001, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of one Hundred Thousand and No/100 Dollars ($100,000.00) to the City of Aspen Parks and Open Space Funds and any "Security" provided by Pearce in accordance with Paragraph 14 for the construction of the bridge (including the $175,000 which was initially earmarked for construction of the pedestrian underpass) shall be returned to Pearce. (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e., $100,000 that has always been earmarked for the pedestrian bridge plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA. As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security and Pearce shall pay the City an additional $200,000 for .. a total of $475,000.00 towards the construction of the bridge. If construction of the bridge does not commence by December 31, 2000, the City shall return $275,000 to Pearce and Pearce shall make an unrestricted donation of $100,000 to the City of Aspen Parks and Open Space. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after Pearce notifies the City that USFS approved specifications have been developed Pearce shall provide the City all easements required to relocate the Government Trail (specifically on open space Lot 49 and common Lot Q) MCDC shall procure, at MCDC's expense, any and all access easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). After all required consents, agreements and access easements have been obtained and/or procured, Pearce shall be responsible, at Pearce's cost and expense for relocating the Government Trail in accordance with the USFS-approved specification. Pearce shall be responsible for building or improving the trail from the USFS Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on Aspen Highlands Subdivision Parcel A and MCDC Common Parcel Q (See Exhibit "A"). Pearce shall be responsible for the construction of the trail connection and any required structure from the trail along Maroon Creek, switch backing up the hill on Common Parcel Q to Tiehack Road to connect to the relocated Government Trail. 3. MISCELLANEOUS. 3.1 Representations. The City represents to Pearce that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true. 3.2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA. 3.3 Counterparts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day and year first above written. CITY OF ASPEN, COLORADO ATTEST: By: By: Name Title Name Title 00 PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY, a Utah limited liability company By: James T. Pearce, Jr., Member STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 199 by as for the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Instrument was acknowledged before me this day of , 199 by James T. Pearce, Jr., Member of Pearce Equities Group II Limited Liability Company, a Utah limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public EAA-06/02/99-\\-commons\aspattorney\contract\agr\maroon creek club-amend to sub imp-new.doc EXHIBIT A Description of Government Trail as relocated .. Cindy Houben, 09:40 AM 6/22/99 , MCDC/ Hine parcel for the trai X-Sender: cindyh@comdev Date: Tue, 22 Jun 1999 09:40:13 -0600 To: juliew@ci.aspen.co.us From: Cindy Houben <cindyh@ci.aspen.co.us> Subject: MCDC/ Hine parcel for the trail >Date: Thu, 13 May 1999 18:14:20 -0600 >To: juliew >From: Cindy Houben <cindyh@co.pitkin.co.us> >Subject: MCDC/ Hine parcel for the trail >JAW: I am rushing to get out of here but wanted you to know that I had spoken w/ the BOCC and they are fine w/ my approval on use of the Hines acquired open space for the new trail alignment of Govt. trail. they wanted to ensure that the City will be maintaining the trail. Further trail questions should now include Brian Pettit from our Road and Bridge Division. He is now in charge of all trails for the County and working closely w/ the Open Space board on open space and trail issues! Thanks CH Printed for Julie Ann Woods <juliew@ci.aspen.co.us> ll B (4D E John Worcester, 10:11~4 6/10/99 , Re: Maroon Cr~ Amend. to SIA Date: Thu, 10 Jun 1999 10:11:51 -0600 (MDT) X-Sender: johnw@commons To: Julie Ann.Woods <juliew@ci.aspen.co.us> From: John Worcester <johnw@ci.aspen.co.us> Subject: Re: Maroon Creek Amend. to SIA What we need is something from the owners of the Salvation Ditch, not the County CD director. At 03:57 PM 6/9/99 -0600, you wrote: >John-- >I did get something from Cindy in writing--probably e-mail. But i can't put >my fingers on it right now. It is not for us to use the ditch, but to use >the trail (which apparently is part of the ditch). No water issues here. >Anyways, I'll try and find it, but i don't think it should hold us up. >Just represent that it was approved by the county CD director. JA. > > >At 02:54 PM 6/8/99 -0600, you wrote: >>received a call from Chuck Vidal. We are there except for one point. He >>would like the new agreement to make a representation by the City that the >>City has the legal authority to use the Stapleton Ditch. Chuck indicated to >>me that you were working on that. Once you have some documentation that we >>can use the portion of the Stapleton Ditch that is affected, let me know and >>we can finalize the SIA agreement. >> >> >> > >Julie Ann Woods >Aspen Community Development Director >phone: (970)920-5100 >fax: (970) 920-5439 > Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 .. Julie Ann Woods, 11: 14 AM 4/19/99 , Maroon Creek_club insubstantia Date: Mon, 19 Apr 1999 11:14:55 -0600 (MDT) X-Sender: juliew@comdev To: Cindyh@ci.aspen.co.us From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: Maroon Creek club insubstantial amendment Cc: Jeffw@ci.aspen.co.us, Johnk@ci.aspen.co.us, Johnw@ci.aspen.co.us, rebeccas@ci.aspen.co.us cindy-- the city is requesting an administrative sign off from the county to memorialize the proposed trail easement that begins on land deeded to the county from Hines directly across from Iselin/Rotary parks. Rather than the trail (commonly known as government trail) zig-zagging up the bank from the ' Maroon Creek, the trail would follow along the Stapleton Brothers ditch to parcel Q owned by the MCDC. We have an application in from the MCDC requesting a modification to their subdivision agreement which recognizes that this new trail connection would happen. The trail was recognized both in the MCDC and Hines PUD's, so we are just trying to get written confirmation that there is not an issue with the county on this as it does cross over county property. If you need any additional information, please let me know. thanks for your help. JA. 14 -/ 240/ e / ? 4, Or/#lot \/4/4 )$> 34 2 4\ 4 4 > p.) r Printed for Cindy Houben <cindyh@co.pitkin.co.us> 1 .. John Krueger, 11:21 AM 11/22/99, Re: MCDC SIA amendment X-Sender: johnk@commons (Unverified) Date: Mon, 22 Nov 1999 11:21:48 -0600 To: Julie Ann Woods <juliew@ci.aspen.co.us>, Johnw@ci.aspen.co.us From: John Krueger <johnk@ci.aspen.co.us> Subject: Re: MCDC SIA amendment Cc: Jeffw@ci.aspen.co.us Julie Ann, We are waiting for signed copies of the document that has gone out to the various parties involved. I talked to Cindy Covell today and some of the signees have been slow to distribute the document and get signatures. I doubt we will jave a signed document until after Thanksgiving. We Will continue to pressure all parties to sign and return the document. I have heard of no opposition to the agreement. johnk At 10:42 AM 11/19/99 -0700, Julie Ann Woods wrote: >Okay, guys--I think I've been out of the loop. I came acrosss the last SIA >version for MCDC from John, wanting commentsw back by Nov. 1. John, has >this been finalized? I still have an insubstantian amendment case open that >I need to finalize. Please let me knOw the status, and get me whatever copy >you have, since Nov. 1. thanks. JA. >Julie Ann Woods >Aspen Community Development Director >phone: (970)920-5100 >fax: (970) 920-5439 Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 11 PIC DC Cindy Houben, 06:14 ~5/13/99 , MCDC/ Hine parc~ for the trai X-Sender: cindyh@comdev (Unverified) Date: Thu, 13 May 1999 18:14:20 -0600 To: juliew@ci.aspen.co.us From: Cindy Houben <cindyh@ci.aspen.co.us> Subject: MCDC/ Hine parcel for the trail JAW: I am rushing to get out of here but wanted you to know that I had spoken w/ the BOCC and they are fine w/ my approval on use of the Hines acquired open space for the new trail alignment of Govt. trail. they wanted to ensure that the City will be maintaining the trail. Further trail questions should now include Brian Pettit from our Road and Bridge Division. He is now in charge of all trails for the County and working closely w/ the Open Space board on open space and trail issues! Thanks CH Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 MOD C Rebecca Schickling, 1~.20 PM 5/19/99 , Re: Parks ~~ojects X-Sender: rebeccas@commons Date: Wed, 19 May 1999 12:20:38 -0600 To: Julie Ann Woods <juliew@ci.aspen.co.us>, jeffw@ci.aspen.co.us, johnw@ci.aspen.co.us From: Rebecca Schickling <rebeccas@ci.aspen.co.us> Subject: Re: Parks projects Cc: johnk@ci.aspen.co.us Julie Ann, 1). Before John Krueger left he sent to John Worcester the changes that needed to be done to the SIA for MCDC. Jeff did talk to Chuck Vidal and the 2 year extension for the bridge was acceptable. 2). Hunter Creek - With Stan's information we are now going to get an appraisal done for a value for the land as a negotiating stand point. But I don't think you need to do any insubstantial amendment for this one since use, etc. is not changing at least at this point. (and Yes, we did hire him for this research). 3) Jeff has set up a meeting with Amy for next week to discuss a plan of action for this parcel (but we will probably take it to City Council for an executive session). 4) I agree that we should get together for the Boyd Jeffries issue, which we need some definitive legal advise from John W. When Jeff last talked to John he thought that we didn't have a legal right to even require mitigation?? John, do you have time next week? Julie Ann, I hope that clears up most of your concerns let us know if there is something else. Becca At 04:20 PM 5/18/99 -0600, you wrote: >hey you parks guys-- >it seems to me that we have about 3 or 4 outstanding parks things that are >getting tangled up in Com Dev that i would like to get moved off my plate. >Some are big, some are little. here they are: >1. Trail Easement through MCDC. Received okay from county. Could >process insubstantial amendment, but awaiting revised contract. Johnw, does >contract need to be approved by council before i insubstantially approve this? >2. Hunter creek Parcel--research being wrapped up by Stan clauson (I >presume under contract with parks). I am apparently being asked to approve >another insubstantial amendment (to a PUD?) but I'm not clear on this. It >would be helpful to know what parks' intent is so i know what to be looking >for in the land use code on this. Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 Rebecca Schickling, 11:20 PM 5/19/99 , Re: Parks ~~ojects >3. Holy Cross Parcel. Saraho has done some legal research on this and >it appears to be a parcel created from a larger parcel which was conveyed to >the city in 1956. It's zoned C conservation, is non-conforming in size. >the appraisal asumes a rezoning to R-30. I don't know where this came >from--they claim from my department. I think that the value probably isn't >as is represented. Do we want to meet with Amym to discuss this further? I >do think it's greatest value is as open space (steep hillside) and support >the purchase, but i think it may be higher priced than it's worth. >4. Boyd Jeffrey trees in MCDC. Parks is requiring Boyd to mitigate for >the loss of the trees if they are removed (and have been requiring this of >other MCDC properties according to jeff). At our staff meeting last week, >Johnw suggested a lot line adjustment, done administratively as boyd owns >the adjacent property as well. Chris conveyed this info to boyd. Boyd >still feels he needs the variance on the side where he has a neighbor. John >expressed a concern at the staff meeting that we couldn't legally require >mitigation for the tree (isn't this true, Johnw?). if we want to save the >trees, i think we'll have to do it either administratively, or take a chance >before BOA. I think we need to jointly meet with Boyd to discuss all of his >options. I'm tired of this football, and just want to get it done. Jeff, >once Johnw responds to the mitigation question, could you schedule a meeting >with Boyd, preferably on-site? >5. If annexation of Moore occurs at council on May 24th, it's my >understanding, Johnw, that 15 days later the area is in our jurisdicdiction. >Parks could then proceed with whatever grading they need to do for the Moore >playing feilds. If it were in the county, we would require a GRADING PERMIT >TO BE PROCESSED. wE HAVE NO SUCH ANIMAL IN THE CITY. THEREFORE, j OHNEW, IN >YOUR OPINION, WOULD THEY JUST PROCEED WITHOUT such a permit? (sorry my caps >got stuck). >Moore annexation is being discussed again at DRC tomoroow--wed at 1:30. It >would be helpful for someone from parks to be there. >Okay, I think that's it. Will you parks guys quit making work for my dept.? >that is all. JA. Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 21 Rebecca Schickling, ~.20 PM 5/19/99 , Re: Parks~~rojects >Julie Ann Woods >Aspen Community Development Director >phone: (970)920-5100 >fax: (970) 920-5439 Rebecca Schickling Assistant Parks Director City of Aspen Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 3 Jeff Woods, 03:45 PM ~19/99 , Re: Maroon Creek ~ib insubsta X-Sender: jeffw@commons Date: Mon, 19 Apr 1999 15:45:32 -0600 To: Julie Ann Woods <juliew@ci.aspen.co.us> From: Jeff Woods <jeffw@ci.aspen.co.us> Subject: Re: Maroon Creek club insubstantial amendment thanks for taking care of this. jeff At 11:14 AM 4/19/99 -0600, you wrote: >cindy-- >the city is requesting an administrative sign off from the county to >memorialize the proposed trail easement that begins on land deeded to the >county from Hines directly across from Iselin/Rotary parks. Rather than the >trail (commonly known as government trail) zig-zagging up the bank from the >Maroon Creek, the trail would follow along the Stapleton Brothers ditch to >parcel Q owned by the MCDC. We have an application in from the MCDC >requesting a modification to their subdivision agreement which recognizes >that this new trail connection would happen. The trail was recognized both >in the MCDC and Hines PUD's, so we are just trying to get written >confirmation that there is not an issue with the county on this as it does >cross over county property. If you need any additional information, please >let me know. thanks for your help. JA. Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 John Worcester, 11:37~4 6/22/99 , Re: MCDC/ Hine~~arcel for the Date: Tue, 22 Jun 1999 11:37:42 -0600 (MDT) X-Sender: johnw@commons To: Julie Ann Woods <juliew@ci.aspen.co.us> From: John Worcester <johnw@ci.aspen.co.us> Subject: Re: MCDC/ Hine parcel for the trail Cc: jeffw@ci.aspen.co.us I understand that the proposed trail will encroach on the Salvation Ditch. If that is the case, we need the owners of the Salvation Ditch to approve of the encrachment in writing. Remember the Williams Ranch trail that was supposed to go over the ditch? They didn;t approve of the trail and the trail is not built. John W At 10~:17 AM 6/22/99 -0600, you wrote: >>Will this work for you both in terms of a county approval for the MCDC >trail? If you need something more formal, it will take a little more time. >Let me know what you think. JA. >X-Sender: cindyh@comdev >>Date: Tue, 22 Jun 1999 09:40:13 -0600 >>To: juliew@ci.aspen.co.us >>From: Cindy Houben <cindyh@ci.aspen.co.us> >>Subject: MCDC/ Hine parcel for the trail >> >>>Date: Thu, 13 May 1999 18:14:20 -0600 >>>To: juliew >>>From: Cindy Houben <cindyh@co.pitkin.co.us> >>>Subject: MCDC/ Hine parcel for the trail >>> >>>JAW: I am rushing to get out of here but wanted you to know that I had >>spoken w/ the BOCC and they are fine w/ my approval on use of the Hines >>acquired open space for the new trail alignment of Govt. trail. they wanted >>to ensure that the City will be maintaining the trail. Further trail >>questions should now include Brian Pettit from our Road and Bridge Division. >>He is now in charge of all trails for the County and working closely w/ the >>Open Space board on open space and trail issues! Thanks CH >>> >> >> >> Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 John Worcester, 11:37~4 6/22/99 , Re: MCDC/ Hin~arcel for the >Julie Ann Woods >Aspen Community Development Director >phone: (970)920-5100 >fax: (970) 920-5439 Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 2 .. RECtiveL; -FED P 1 LO -) 1999 ASrciv / rl 1-KIN COMMUNITY DEVELOPMENT THE CITY OF AsPEN OFFICE OF THE CITY ATTORNEY February 5, 1999 Chuck Vidal Real Estate Affiliates 117 S. Monarch Aspen, Colorado 81611 Re: Maroon Creek SIA Dear Chuck: Following our variousÂ· conversations and communications I have again checked with our Community Development Department and have been advised that the SIA amendments you proposed in your November 3, 1998, letter could proceed as an insubstantial amendment. This means we would not be required to take the agreement to Council, but could be signed by the Community,Development Department Director. In that this matter is of some concern to the Aspen City Council, the City Manager has informed the Council of the proposed amendments as set forth in your letter and they seem agreeable to the terms. Accordingly, I Â·would suggest that we schedule a meeting with Julie Ann Woods of the Community Development Department at your earliest convenience so we can finalize the process. There are some relatively minor changes that I would suggest to the proposed amendment - to the SIA: (1) At page 2 there is a typo on the.fifth line of the "Maroon Creek Pedestrian Bridge" section: "... of the bridge will NOT commence" (2) Delete the reference to the "Pitkin County Open Space Board" and insert "City of . Aspen Parks and Open Space Funs." No reason. to keep the County involved in this matter. (3) At the end of the second to Iast sentence Â·of Section 2.2 (b) on page 3, add the following: ...the City shall use the $275,000.00 provided by Pearce as security and Pearce shall pay the City an additional $200,000.00 for a total of $475,000.00 towards the construction of the bridge. (4) Section 2.3 on page 3 - The second to last sentence should read as follows: 130 SOUTH G.Al.ENA STREET Â· As['EN, COLORADO 81611-1975 PHONE 970.920.5055 FAx 970.920.5119 Printed on Recycled Paper Chuck Vidal .. February 5,1999 Page 2 Promptly after Pearce notifies the City that USFS-approved specifications have been developed, Pearce shall provide the City all easements required to relocate the Government Trail (specifically on open space lot 49 and common Lot Q). I' m sorry it has taken me so long to come to the conclusion regarding the insubstantial change requirement. My only excuse is that various City departments had to be briefed on the merits of your proposal and their input sought. Hoping to hear form you soon, I remain, Sincerely, ' iA , A ._- --f M.)( n 91Â£11 John P. Worcester City Attorney CC: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. vX JPW-02/05/99-G:\john\word\letters\vida15.doc HAZZARD/DESIGNWORKSHOP 2 970-963 1140 I20 2/17/99 dj 5:42 AM C 1/1 .. DESIGN WORKS! 1.(.)P Landscape Architecture Land Plaiming Urban Desigli rTourism Planning MEMORANDUM ril 10: Julie Ann Woods/ Sara Thomas, Community Development Depailment From : Bruce Haz/ard, Ihincipal 1)ate: Uebruary 17,1999 Re: Mairion Creek Club- Minoiliatkinendinents Ca Chuck Vidal, Andy Hecht Pluject #: 08()0 Omments: I received your phone message regarding the approval to extend the plat amendment filing for the Maroon Creek Club to the end of February. Thanks. 1 want to make sure that we have picked up every approval that has been gianted administratively, as well as through the public hearing processes. It- there is another problem. T will let you know. As always, feel free to call mc if you wish to discuss further. DESIGN WORKSHOP Aspen Denver- Vail -Tompe Albiiquerque Santa Fe Jackson Hole Tahoe Sao Paiilo Santiago 120 11 Main St.reet, Aspen, Coloilido 81611 (Tel) 970 925 8.354 (Fax) 970-920 1387 M u> c- Kathy Strickland, 04-: 39-PM 1/20/99 , No Subject ~ Date: Wed, 20 Jan 1999 16:34:41 -0700 (MST) X-Sender: kathys@commons To: kathrynk@ci.aspen.co.us From: Kathy Strickland <kathys@ci.aspen.co.us> Pitkin County Bank called on a letter of credit that you called them about July of 1998. The letter of credit was not renewed. It related to Pitkin County Body Politic and Maroon Creek_Limited Liability Co. It referenced reso 95-86 regulations. I'm not sure what all this means but he said you would understand. Kathleen J. Strickland 1 2 < AJAN,-3 Â«0.- a 17 G,*â‚¬4- 'Câ‚¬ H 6-1 0 ~ LC print@d for Kathryii-Koch-<kithry-hk@ci.aspen.colds> 1 0.1-211-~ Ac~*7 - - ~p 7- A-4 c -Cp7 <>PVAL J--43 9 j j 99 g . Do jQ, k" -:f l,t< 0 51 ,44 1 -t- / .5 /7 ./ %. '7Â·- 1 + -C H Co,Â·'j-3 j r-(Clf\,-4 U11 < er j f #tr 4 C<rt .Lit Â«70>01 41 ~441* t..Uip 4,41< 7 12 ct-Â«41 k.n Â©.., 0-A< 37 y f f.= 6 j JA. .. CITY OF ASPEN X CITY MANAGER'S OFFICE 130 S. GALENA ASPEN, CO 81611 (970) 920-5212 FAX (970) 920-5119 t -ro: i Da liâ‚¬t-ifts DATE: lit44 FAX #: FROM: I.Uu 1-; 41 LI- # OF PAGES INCLUDING COVER: ~_ MESSAGE: 6 0 LetÂ« 4 621 -9 [Ft 1 -2*1 10 4>Ze - 901)4 ft--"- 34 1 A UÂ»LFT f I A 1 111 'V~ -WRU.coÂ· Â¥ June 26,1997 IRREVOCABLE LETTER OF CREDIT CUO.+ No. 1274 %6Â«-2 EXTENSION 03 ~i-+ Pitkin County Board of County Commissioners p Cor to 530 East Main Street Aspen, Colorado 81611 \ tg(1 Beneficiary: Pitkin County Body Politic Account Party: Maroon Creek Limited Liability Company, a Colorado limited liability company Former Expiration Date: July 5,1997 New Expiration Date: July 5,1998 Original Letter of Credit DaÂ£- luly 31,1996 Re: / Pfieifer PUD, Infrastructure, Weed Control I ~ Landscaping and Revegetation Guaranty ,~ The Pitkin County Bank & Trust Co. ("Bank") hereby extends the expiration date of the Letter of Credit bearing number 1274 to July 5,1998. All other provisions of the Letter of Credit remain in full force and effect along with all of its obligations to the Beneficiary. Sincerely, PITKIN COUNTY ANK G TRUST CO. By: ~~b~*C~.0.- Charles B.Israel, President mih\Itrs\loc. 1 MIDVALLEY BRANCH MAIN OFFICE SAN MIGUEL COUNTY BRANCH ORCHARD PLAZA 534 E. HYMAN AVENUE 127 W. COLORADO AVENUE P.O. BOX 28428 RO. BOX 3677 P.O. BOX 38 EL JEBEL. CO 81628 ASPEN, CO 81612 TELLURIDE, CO 81435 970/963-3600 970/925-6700 970/728-5475 FAX 970/963-3956 FAX 970/920-1675 FAX 970/728-5644 I- $ .. &*TRUSTco July 31,1996 IRREVOCABLE LETTER OF CREDIT No. /4 74 Pitkin County Board of County Commissioners 530 East Main Street Aspen, Colorado 81611 Beneficiary: Pitkin County Body Politic Account Party: Maroon Creek Limited Liability Company, a Colorado limited liability company Expiration Date: July 5,1997 Amount of Letter of Credit: $145,721.00 Re: Pfeifer PUD, Infrastructure, Weed Control, Landscaping and Revegetation Guaranty Pursuant to Resolution 95-86 The Pitkin County Bank g[ Trust Co. ("Bank") hereby establishes its Irrevocable Letter of Credit in favor of Pitkin County in the total amount of $ 1 45,721.00 available by your draft at sight. The purpose of this Letter of Credit is to secure performance under Resolution 95-86 in favor of Pitkin County of the obligations for infrastructure, weed control, landscaping and revegetation pursuant to such Resolution, the Pfeifer PUD Subdivision Improvement Agreement dated February 7,1995 and the amendments thereto dated April 22,1996 and July 2,1996, such agreements and MIDVALLEY BRANCH MAIN OFFICE SAN MIGUEL COUNTY BRANCH ORCHARD PLAZA 534 E. HYMAN AVENUE 127 W. COLORADO AVENUE P.O. BOX 28428 RO. BOX 3677 P.O. BOX 38 EL JEBEL, CO 81628 ASPEN, CO 81612 TELLURIDE, CO 81435 970/963-3600 970/925-6700 970/728-5475 FAX 970/963-3956 FAX 970/920-1675 FAX 970/728-5644 .. Pitkin County Board of County Commissioners July 31, 1996 Page 2 the Resolution hereinafter being referred to as the "Obligations." The term "Obligations" shall be limited to the provisions set forth in the Obligations relating to infrastructure, weed control, landscaping and revegetation. Pitkin County shall promptly notify Bank when a default or event of default occurs pursuant to the Obligations. Pitkin County's notification shall include any notice or order required to be sent pursuant to the Obligations. Notice shall be sent in writing to: Pitkin County Bank 8I Trust Co. Attention: Thomas W. Griffiths, Executive Vice President 534 East Hyman Avenue Aspen, Colorado 81611 Pitkin County is hereby authorized to draw on sight on Bank by draft not to exceed the amount of $ 1 45,721.00 in the event of any default pursuant to the Obligations in connection with the Obligations for infrastructure, weed control, landscaping and revegetation. The conditions for payment of any draft drawn against this Letter of Credit are as follows: A. The original Letter of Credit shall be endorsed on the reverse side with the words " Drawn by Pitkin County by the Board of County Commissioners;" B. The draw evidenced by the endorsement to the original Letter of Credit shall be attached to a letter on the letterhead of Pitkin County executed by the County Manager stating that: "There exists a default under the terms of the Obligations relating to the infrastructure, weed control, landscaping and revegetation entitling Pitkin County to draw upon this Letter of Credit, which default is as follows: . .." (The nature and extent of the default entitling Pitkin County to draw upon the Letter of Credit shall be explained). This Letter of Credit is not transferrable. Bank agrees that drafts presented and negotiated under and in compliance with the terms of this Letter of Credit shall be duly honored upon presentation and delivery of the documents specified above, if presented on or before the 5th day of July, 1997 by 2:00 p.m. -0 0 0 Pitkin County Board of County Commissioners July 31,1996 Page 3 This Letter of Credit shall be governed by Article V of the Uniform Commercial Code as in effect in the State of Colorado. This Letter of Credit is subject to the Uniform Customs and Practice of Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision), except as otherwise expressly stated herein. Any communications with respect to this Letter of Credit shall be in writing and addressed as set forth above, to the attention of the undersigned. Sincerely, PITKIN COUNTY BANK 8I TRUST CO. jR By: r' (Al---~-Â©,4., v y Thomas W. Griffitl)$0/Ekkutive Vice President J IF TWG/mjh/chc c:\Inlh\pegii\county.002 395465 08/01/96 04:42P PG 1 OF 3 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 16. 00 AMENDMENT TO THE PFEIFER PUD SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 2 day of July, 1996 by and between Friedl Pfeifer Aspen Real Estate Irrevocable Trust No.1., hereinafter referred to as "Owners " and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF COLORADO, as the governing body of Pitkin County, Colorado, hereinafter referred to as "County". This amendment is an addition to the Pfeifer PUD Subdivision Agreement approved and signed in February, 1995. This does - not represent any changes to the original agreement, only the addition of the following terms, written and agreed to in order to meet the conditions of the Pitkin County Board of Commissioners' Final Plat approval. WHEREAS, the Owners and the County have agreed to the following: terms and conditions; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. No property within the Pfeifer PUD may be sold or building permits issued until the infrastructure is complete or the applicant shall provide financial security for all infrastructure, to ensure that it is completed. The amount of the infrastructure cost is , estimated to be $ 81,182. See Attachment A to this document for this cost estimate. 3 / C h 2. Prior to recordatigh of the Final Plat, the Owners will provide financial assur#Nce of completion Of weed control on the subject property hover a 10 year period ($2,500) and landscaping costs _($22,039) in addition to the revegetation cost ($40,000) already specified in the original Pfeifer PUD Subdivision Agreement. See Attachment B to this document for the landscaping cost estimate. 3. If the Board of County Commissioners determines that any of the required improvements are not constructed as provided in this agreement and the original Pfeifer PUD Â¥ r .. Subdivision Improvements Agreement, including reasonable provision for the correction of deficiencies upon notice thereof, the Board may draw upon the letter of credit (or other approved security or financial assurance) as may be necessary to complete the improvements in accordance with the specifications included in the Improvements Agreements. If such financial assurance is a cash bond, the Owners will have the right to draw against the cash bond as improvements are made. 4. Completion of improvements. The letter of credit (or other approved security or financial assurance) will remain in effect until all required improvements (revegetation, weed control, landscaping and infrastructure) are substantially completed. 5. 60 Day Provision. Each year, 60 days prior to the expiration of any existing letter of credit, the Owners Will send written notice to Pitkin County Of any request for a reduction in the amount of the letter of credit. Such written notice should notify Pitkin County of the status of the improvements and request any warranted reduction in the amount of the security. If improvements are completed and Pitkin County agrees, a full release of the amount of the letter of credit can be made. 6. 30 Day Provision. Each year, 30 days prior to the expiration of any existing letter of credit, the Pitkin County Attorney will notify Owners in writing of the amount of security required, if any, for a new letter of credit. This 30 day provision letter satisfies any notice of deficiency required to be made by Pitkin County to the Owners. 7. 10 Day Provision. Each year, 10 days prior to the expiration of any existing letter of credit, the Owners must provide a new letter of credit in the amount required by the Pitkin County Attorney. If there is an overlap in the two letters of credit, the County agrees that it will rely only upon the later of any two effective letters of credit. Failure to provide a new letter of credit constitutes a default under the 395465 08/01/96 04:42P PG 2 OF 3 .. resolution and such default would entitle Pitkin County to draw on the existing letter of credit. 8. Entire Agreement. This Amendment to the Pfeifer PUD Subdivision Improvements Agreement along with the original Pfeifer PUD Subdivision Improvements Agreement constitutes the full and complete agreement of the parties hereto and may not be modified, except by a written agreement signed by the parties. Friedl Pfeifer Aspen Real Estate Irrevocable Trust No. 1 BY: 92467 10, L/%,Cot- Karol D. Mauk, Senior Trust Officer Norwest Bank Iowa NA,-1-*U57.EE- ATTESTED BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 9 1 Â¥1 n Â· n U .] WiÂ·. ?BLAUI Al. 11900 BY: -A-~da-- *k,21. rs.-6-12~ Jefnette Jonesl ~ Chairman 4 t sia2.pfe 395465 08/01/96 04:42P PG 3 OF 3 Elt: MoDG RECE;VED ~ 1-<00Â¢- JA- k-~v FEB 0 1 1999 60*71 -' - - 7 2,222?4 1 cc: fi 1.tÂ·:~ 'm' 2,3 _ City of Jpen City Attorneyâ€¢, Office Memorandum TO: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. Randy Ready, Asst. City Manager FROM: John P. Worcester DATE: January 29, 1999 RE: Maroon Creek Bridge and Underpass .................................................................. Attached please,find a draft letter to Chuck Vidal and a copy of the proposed amendments to the Maroon Cree~ I.Â£t me know asap if this is OK as I'd like to get this going asap. Thanks dâ‚¬22 +04 43Â£ EL#6 Wut-/0:~4 U-lau_ -t.LI UÂ«-3 i- fi ft< w * a i, ft -ij 0Â»14/ /-61*= e . Ch:- 1 K' ~-'3 1/k <Pr- f January 29,1999 Chuck Vidal Real Estate Affiliates 117 S. Monarch Aspen, Colorado 81611 Re: Maroon Creek SIA Dear Chuck: Following our various conversations and communications I have again checked with our Community Development Department and have been advised that the SIA amendments you proposed in your November 3, 1998, letter could proceed as an insubstantial amendment. This means we would not be required to take the agreement to Council, but could be signed by the Community Development Department Director. In that this matter is of some concern to the Aspen City Council, the City Manager has informed the Council of the proposed amendments as set forth in your letter and they seem agreeable to the terms. Accordingly, I would suggest that we schedule a meeting with Julie Ann Woods of the Community Development Department at your earliest convenience so we can finalize the process. The only change I would request on your proposed amendment to the SIA is that the "Pitkin County Open Space Board referenced on the second page be changed to the "City of Aspen Parks Department." I'm sorry it has taken me so long to come to these conclusions. My only excuse is that various City departments had to be briefed on the merits of your proposal and their input sought. Hoping to hear form you soon, I remain, Sincerely, John P. Worcester City Attorney ' Chuck Vidal ~ January 29, 1999 Page 2 CC: John Kreuger, Parks Dept. Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. JPW-01/29/99-G:\john\word\letters\vida15.doc Draft 10/28/98 Recorded at 0'clock _.M. Reception No Recorder RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of ,1998 1 RECITALS 1.1 Declaration. (a) , Pearce Equities Group 11 Limited Liability Company ('Pearce"), a Utah limited liability company and County of Pitkin, Colorado ("County') are parties to that certain agreement dated September 2, 1993 entitled ' Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12,1993 in Book 730 at Page 608 of the real estate records for the County (the "SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned al! of its rights under the SIA to the City and the City assumed all of the County's obligations under the SIA. 1.2 Amendment to S IA. Pearce and the City desire to amend the S IA as set forth in this Amendment 2. AMENDMENT. The SIA is hereby amended as follows 2.1 Amendment to Paragraph 7. 22Â·_p :3>03 4 (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph 7(a) of the SIA is hereby deieted in its entirety and the phrase "Intentionally left blank' substituted therefor. (b) The $175,000 that Pearce has provided as "Security" (as defined in Paragraph 15 of the SIA) forthe construction of the pedestr anunderpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendmentto Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor. Maroon Creek Pedestrian Bridge. Pearceshallcontribute Three Hundred Thousand and No/100 Dollars ($300,000.00) towards construction of a public pedestrian bridge across Maren Creektoconnectthe Tiehack base area with Iselin Park The City shall be responsible for the construction of the bridge, obtaining all requ!site permits and agrees that constructic of the bridge will no commence until one hundred percent (100Â°6) of the funding is available and that construction wiil be completed within one (1) year of commencement. The City shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due from Pearce will be due within thirty (30) days after written notice is given by the City to Pearce that the bridge is completed. Use of the Dridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shailprovideanyrequired access easements on Common Parcel Q as shown onthe Final Plat. The consent of Pearce to the design and location of the bridge shall be obtained, whicr consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over lands of Pearce to allow for work on the bridge; provided. however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31, 2000, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestr cted donation of One Hundred Thousand and No/100 Dollars 1 -- ($100,000.00) to the Pitkin County Open Space Board and any "Security" provided by Pearce in accordance with Paragraph 14 for the construction of the bridge (including the $175,000 7 /3.,40 which was initially earmarked for construction of the pedestrian underpass) shall be returned to Pearce. (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce wili have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creex pedestrian bridge (Le., $100,000 that has always been earmarked for the pedestrian bridge 2 . plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA As an example and for the avoidance of doubt, upon cornpletion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security and Pearce shall pay the City an additional $200,000. I f construction of the bridge does not commence by December 31, 2000, the City shall return $275,000 to Pearce and Pearce shall make an unrestricted donation of $100,000 to the Pitkin County Open Space Board. 2.3 Relocation of Governrnent Trail, Notwithstanding anything to contrary in the SIA, Pearce shall meet with the United States Forest Service (the 'USFS") with respect to the proposed relocation of the Government Trail asshown on Exhibit A hereto, in order to develop specifications forthe trail (e.g., alignment, dimensions, etc.) that willbe approved bythe U S F S (and any other governmental agency cr agencies whose consent may be required) Promptly after Pearce notifies the City that U SFS- approved specifications have been developed, the City shari procure, at the City's cost and expense, any and all access easernents that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). After all required consents, agreements and access easements have been obtained and/or procured Pearce shall be responsible, at Pearce s cost and expense. for relocating the Government Trail in accordance w th the USFS-approved specifications. 3. MISCELLANEOUS. 3.1 Representations. The City represents to Pearce that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true 3.2 Defined Terms. Capitalized words and phrases used in this Amendment anc not otherwise defined shall have the meanings g ven to such 'words and phrases in the SIA 3.3 Counterparts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original, 3 - 4..P Â£ 6 - - . IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club js executed the day and year first above written CITY OF ASPEN, COLORADO ATTEST: By: By: Name Title Name Title PEARCE EQUITIES GROUP 11 LIMITED LIABILITY COMPANY, a Utah limited liability company By: James T. Pearce, Jr., Member STATI Or COLORADO ) ) 88 coLWTY or piTI,IN ) The foregoing instrument was acknowledged before me this _ da, of 1998 bv as for the Cit, or Aspen. Colorado WITNISS my hand and omcial seal. My commission expires: Notary Public STATI Or COLOUADO ) ) SS 4 col-WTY or PITKIN ) The foregoing Instrument was acknowledged before me this _ day of , 1998 by James T, Pearce, Jr., Alember of Pearce Iquities Group 11 Limited Liabilit, Company, a Utah limited liabilit, conlpanv. WITNISS my hand and official seal, My commission expires: Notan Public 5 INnIBIT i Description of Ooiernment Trail as r'elocated M \kt/.-Ji,er'.U'g67,Av'H'Â·.*AROC\\DC CS\sia arin 3 wcal 6 R .4- LF* ag< ' 41 ---0- . U~ 400--:rE?FLEL.-04-*10- / <- ---29Â«f-0.-/71 ~_iFLEÂ·Flar47713Al-,/' 0 0 444*276339' 35Â·39,1~~:2~1.__ - \62Â·28 ..... 1.e /9 +44237-â‚¬72~ 0-0- el Â® --- 42 / rm REBERVED FOR LP RELOCATED) 4 9 - 6~~~~ *...k2&119.Li.Of GOVERNMENT TRAIL ) 034Â·48 634*2) 3 8/) *9 501'di'00'~E F 1321.99 ' Que- 2#i -3 4 A & (79 F 835 â‚¬ PS 4 3 , Il [ ---- 0AO THE/â‚¬5 F~~ -A rm CO 1- '45/L --I %2 - - - 8/ + 3 GPO-1 . -.-!?fIEN Â¥,27 â‚¬ -134.15 " 1 U 9 \ M -~49*k_ NEÂ»,---3 A i / # #-1 ---- ~4 f*CL 54 --- Nct-% <Uth -i CREEK -W---j-2&.- -t>. Â«35 - ~Â«221 - =%22S~~,i-*.Q,st 64â‚¬22 - - l .5(X). 14'5"IE 1--Illi~& 1 201.62 \% 1 k 1 -- ---.1- -- h ~ -, / \ 1 \ 1 \ A \ John Worcester, 09:2~ 5/5/99 -, Re: MCDC SIA ~~endment Date: Wed, 5 May 1999 09:25:17 -0600 (MDT) X-Sender: johnw@commons To: Julie Ann Woods <juliew@ci.aspen.co.us> From: John Worcester <johnw@ci.aspen.co.us> Subject: Re: MCDC SIA Amendment I thought you had already decided they were insubstantial. We obviously need to make a decision on this issue before we go much further. What are you going to tell them when they finally submit a final application? Maybe you should wait to see the final application before making that decision? JohnW At 01:38 PM 5/4/99 -0600, you wrote: >As soon as parks can get the agreement finallized, I can begin processing >the amendment. John--I'm not suree it is insubstanital--I think city >council has to approvae SIA changes--your thoughts? Check 26.84.080 B. JA. >At 12:48 PM 4/29/99 -0600, John Worcester wrote: >>Got your memo dated 4/27/99. I'm not sure what your paragraphs 5 thru 9 mean >>in terms of actual language that you want to see included. Have these >>changes been discussed with Chuck Vidal? If so, is he agreable? we need to >>get this finalized! >> >> >> Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 .. 34Lt,& AN// MEMORANDUM DRAFT COPY TO: John Worcester, City Attorney FROM: John D. Krueger, Trails Coordinator Â£:515~ RE: Maroon Creek Club SlA Amendment CC: Rebecca Schickling, Jeff Woods, Julie Ann Woods DATE April 27, 1999 The Parks Department would recommend the following revisions to the SIA Amendment drafted by Chuck Vidal of MCI)C dated 10/26/98. 1. Incorporate the changes recommended in your attached letter of February 5, 1999. 2. Page 2,2.2 Amendment to Paragraph 8, Maroon Creek Pedestrian Bridge-Change "...that construction will be completed within one year of commencement." To ... that construction will be substantially complete within one year Of commencement. 3. Page 2,2.2 Amendment to Paragraph 8, Maroon Creek Pedestrian Bridge- Change the date of December 31,2000 to Deceniber 31,2001 4. 2.3 Relocation of Government Trail- Change "...the City shall procure, at the City's cost and expense, any and all access easements that may be required to relocate the Government Trail... to MCDC shall procure, at MCDC's expense, any and all access easements that may be required to relocate the Government Trail... 5. The City shall obtain from the County the approval to locate the existing trail along the Stapleton Brothers Ditch, across the Aspen Highlands Subdivision Parcel A to connect to the trail on MCI)C Common Parcel Q. 6. MCIXJ shall be responsible for building or improving the trail from the USFS Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on Aspen Highlands Subdivision Parcel A and MCDC Common Parcel Q. 7. MCI)C to be responsible for the construction of the trail connection and any required structures from the trail along Maroon Creek, switch backing up the hill on Common Parcel Q to Tiehack Road to connect to the relocated Government Trail 8. MCIXJ responsible for landscaping and revgetating any portions of the Government Trail no longer to be used (lots 3,4,5). 9. Attach an Exhibit with showing trails and parcels 49/99 RECT,VED 4-uilE AWN - Uk J ;J 1999 0.T AAL Â£dou) -WH/Â¥7- yoU fkt, A K.. 1-** f 4 -RE kE 9 &4 )Â¢/ k. h Â® Al' W 1 7-7, /-7m 0/ /Â«Â«--1 43 \40,4/V X- I 57 1 199 1 40/,004-#4 \ 8&-4 47Â»-r--0 ~ 1'40 i~ A,~021 . 0 THE CITY oF ASPEN OFFICE OF THE CITY ATTOR.NEY February 5, 1999 Chuck Vidal Real Estate Affiliates 117. S. Monarch Aspen, Colorado 81611 Re: Maroon Creek SIA Dear Chuck: Following our variousÂ· conversations and communications I have again checked with our Community Development Department and have been advised that the SIA amendments you proposed in your November 3, 1998, letter could proceed as an insubstantial amendment. This means we would not be required to take the agreement to Council, but 1 could be signed by the Community Development Department Director. In that this matter is of some concern to the Aspen City Council, the City Manager has informed the Council of the proposed amendments as set forth in your letter and they seem agreeable to the terms. Accordingly, I Â·would suggest that we schedule a meeting with Julie Ann Woods of the Community Development Department at your earliest convenience so we can finalize the process. There are some relatively minor changes that I would suggest to the proposed amendment - to the SIA: (1) At page 2 there is a typo on the fifth line of the "Maroon Creek Pedestrian Bridge" section: "... of the bridge will NOT commence" (2) Delete the reference to the "Pitkin County Open Space Board" and insert "City of ~ Aspen Parks and Open Space Funs." No reason. to keep the County involved in this matter. (3) At the end of the second to last sentence Â·of Section 2.2 (b) on page 3, add the following: ...the City shall use the $275,000.00 provided by Pearce as security and Pearce shall pay the City an additional $200,000.00 for a total of $475,000.00 towards the construction of the bridge. (4) Section 2.3 on page 3 - The second to last sentence should read as follows: 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5055 Â· FAx 970.920.5119 Printed on Recycled Paper . 0 Chuck Vidal February 5, 1999 Page 2 Promptly after Pearce notifies the City that USFS-approved specifications have been developed, Pearce shall provide the City all easements required to relocate the Government Trail (specifically on open space lot 49 and common Lot Q). I'm sorry it has taken me so long to come to the conclusion regarding the insubstantial change requirement. My only excuse is that various City departments had to be briefed on the merits of your proposal and their input sought. Hoping to hear form you soon, I remain, Sincerely, ./- 7 A . n 2 --f l/(f n tlill John P. Worcester City Attorney cc: John Kreuger,Parks Dept. 4 Jeff Woods, Parks Dept. Amy Margerum, City Manager Sara Thomas, Community Development Dept. Julie Ann Woods, Community Development Dept. JPW-02/05/99-G:\john\word\letters\vida15.doc .. D raft 10/28/98 Recorded at o'clock .M. Reception No Recorder RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the 'Amendment") is made this day of ,1998. 1. RECITALS 1.1 Declaration. (a), Pearce Equities Group 11 Limited Liability Company (UPearce"), a Utah limited liabAity company and County of Pitkin, Coiorado ("Ccunty") are parties to that certain agreement dated September 2,1993 entitled :Suodivision Improvements Agreement for Maroon Creek Club" recorded November 12,1993 in Book 730 at Page 608 of the real estate records for the County (the ''SIA") (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned al! of its rights under the SIA to the City and the Citv assumed all of the County's obligations under the SIA. 1.2 Amendment to SIA. Pearce and the City desire to amend the SIA as set forth in this Amendment. 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendment to Paragraph 7. .. ,, (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore the text cf subparagraph 7(a) of the SIA is hereby deieted in its entirety and the phrase *'Intentionally left blankÂ» substituted therefor (b) The $175,000. that Pearce has provided as "Security" (as defined in Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendment to Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entjrety and the following substituted therefor: Maroon Creek Pedestrian Bridge. Pearceshailcontribute Three Hundred Thousand and No/100 Dollars ($300,000.CO) towards construction of a pub!,c pedestrian bridge across Maroon Creektoconnect the TiehacK base area with Iselin park The City shall be responsiste for the construction of the bridge, obtaining all regutsite permits arc agrees that construe cr of the bMdge will no cornmence until one hundred percent (10096) of the funding is availaoie and that construction wiil be completed within one (1 ) year of commencement. The Cly shall be responsible for obtaining any access easements required on the east side of the bridge The contributions due from Pearce will be due within thirty (30) days after writen notice 's given by the City to Pearce that the bridge is completed. Use o f the Dridge by motor vehicles except for maintenance purposes shall be prohibited. CE the west side of the bnage, Pearce shall provide any rdquired access easements on Common Parcel Q as shown on the Final P!at. The consent of Pearce to the design and location of the bridge shall be obtained, wnicn consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision of a construction license over ands of Pearce to al:ow for work on the bridge; provided, however, work cn the bridge snail not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already been constructed. The City shall be responsible for the operation, maintenance and repair of the bridge. If construction of the bridge does not commence before December 31,2000, then in full satisfaction of any obligation to contribute towards construction of the bridge, Pearce shall make an unrestricted donation of One Hundred Thousana and No/100 Dol ars ($100,000.00) to the Pitkin County Open Space Board anc any "Security" provided by Pegrce in accordance with Paragraph 14 for the construction of me bridge (including the $175 000 which was initially earmarked for construction of the pedestrian underpass) shall be returned to Pearce. (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce wili have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction cf :he Maroon CreeK pedestrian bridge (i.e., $100,000 that has always been earmarked for the pedestrian br.dge 2 .. plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100.000 of such amount shall count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA As an example and for the avoidance of doubt, upon completjon of tne bridge in accordance with Paragraph 8 of the SIA, the City shall use the 3275 000 Drovided by Peate as Security and Pearce shall pay the City an additional $200,600. :; constructics of the bridge does nct commence by December 31, 2000, the City shall return 5275.000 to Pearce and Pearce shal make an unrestricted donation of 5100,000 to the Pitkin Coup,:y Open Soace Board 2.3 Relocation of Government Trail. Notwithstanding anything to contrary in tre S IA, Pearce shall meet witn the Unttea States Forest Service (the 'USFS") v, th respect totte proposed relocation of the Government Trail as shown on Exhic);t A hereto, in order to deveÂ·c. specifications forthetraille.g., alignment, dimensions, etcothatwill beapproved bythe USES (and any other governmental agency cr agencies whose consent may be recuired) Promptly after Pearce notifies the City that USFS- approved specificaticns have been developed, tte City shall procure, at the City's cost and expense, any and all access easements that may be required to relccate the Government Trail accordingly (whether or not such easements are located within the City). After all required consents, agreements and access easernents have been obtained and/or procured, Pearce shall be responsible, at Pearce s cost and expense for relocating the Government Trail in accordance with the USFS-approved specifications 3. MISCELLANEOUS. 3.1 Representations. The CRy represents to Pearce that the City has fuil authority to enter into this Amendment and that the recitation in Paragraph 1 1 tb) is 'rue 3.2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings given to such words and phrases in the SIA. 3.3 Counterparts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. 3 .. IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Club is executed the day anc year first above written. CITY OF ASPEN, COLORADO ATTEST By: By: Name Title Name Title PEARCE EQUITIES GROUP 11 LIMITED LIABILITY COMPANY, a Utah limited liability company By James T. Pearce, Jr., Member STATE Or COLOBADO ) ) 86 COUNTY Or PITKIN ) The foregoing instrument was acknowledged before me this _ day or , 1998 by as for the City of Aspen. Colorado. WITNI88 my hand and ofriclal seal My commiuion expires: Notary Public STATI Or COLORADO ) ) SS 4 .. col_Wn or PITI,IN ) Tile foregoing Instrument was acknowledged before me this da, or , 1998 by James T. Pearce, Jr., Mlember of Pearce IquirieÂ·, (,tolip 11 li,nired Liabi,it, Company, a Utah limited liabilit, compaip WITN[55 my hand and official seal bly commission expires: folar, PublicÂ· 5 .. nt,181T A Description of Ooverninent Trail as relocated M.\I,th-3,49<lwcd)'AVH:PIAROOX\OCCS\ga am,;3 w:d 6 4, 41)4 AIL- D. <y h T â‚¬11 51 2 /4 - u/.(DE '4 4 N ./. 2 -4 Ent# 1 9\1~ Bi k 7 , 6 r.- 1 0 $ 4 <t. jif #% i 4* 0 4 2?:*-4-#,1 6 EA,T 401 55 g J <29 i S N 12.Woo~W 33 Â«21) o D I . 3 1-7 2.32)1 Pcge.5 Â© 18 4 j Â® 0\.Bu.%4*\ ) ---4 116 $ 4 A- 73'5542 F 46Â«, 3 t (it)* A 27 k 5027 0 1: &949'Â·Â·'t 644 . m CHÂ· 52?00210..W 3 Â·786 k *23 9 -4 \/YA A- 01 57'41' R TH]:i LOT :uAjmT JO Â· a li~ 8 mvmp Â§ > 334 8 %80 \26 11 5 31 i 1Â©K E 6+4 a >43 0 n L , ~ 02Â· 66 MULTI- FAMILY UNn'5. v * 70-0 u . 3 , Â© CH.N 03*04'W EAST , 1 4.11.37 33' R (0) (3 . \\ 8 -4 Â® No6035'11'W 43 Â·37 H */cir i - ~LI_____012' -4-~J9342 $ ./ Lot Â¢ 8 Â® 01 - Nof ze 31. w 44| ~*Â·'225' , (4*2*36'%2 .4 01' 3 Kne) COR 4 & Â· 07 w 09 P ER Â§04 ti>et::*#.5Â£~f e Me t . 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I. 1 1,11.,1- ~ 6 r 1 i .- .7. 2-Â·- .. atiek :5 , A..1 3*g /0 C. 5 3 ~1 4 il. ' .. 0e ' B y . 4 1 0 Al 1 CAOr 4 4.1 ...: .. * . 4 1 104Â¢ 0 2/ 1 ...1. , ! ''; i '13 . 1 11, 1 1.7,2 1 h - 1% 219* ~ l \ 1 1 , â€¢A A 1 \ = ,1 X ~ $1 1 + 2 4,13 ~CM.4 5 CAbT 1 Ik 245 12 (-.-------15 /; /7 : 41 32 V ~ ''1 69 't /4. , 4 46- j G.0, t# 2 69 t. *f~ , ' I :...'I US. 1 1 1 // ) t>17 ~C.MI.3 .V 5,/4 11 l < -1 5 g 14 i -P,l -f (ID 01% 8 2 -4 rt 'c*rj ~ 81,1 4 4 1 93,*~ \ N+AL/cf, 5/n: 1 3 , . 0 -- x -Mt 11134= cy \0 3 -4.iwi 10~ 1 --- /xeeÂ» Â¢-- 2.'~42:29AD / (Â© -.<.2*2'433'9'-7.35 N \68,52*.*......~.Z-__ TO _KILIATKA ' PDA 1 W * / -1 1 / 1 4-4- // /*EAERVED IFOR 1 RELO<Al ED) 1 31121 9:oRTION _Or ~GOVERNMENT TRAIL/ (A N / B) R.G. A r,> 501'09'00"E V 1321.99 e':mt* C O 12 //2- 4 1 2 -% 3 j*Â¢ 00 m -6. / + 0---- BROTHER5 ru -Am (M 03 W g m -24_====~f<-14 -=77--I- - 11 E [f + 4 < 0 14 @ \Â« y/- TRAIL C . .-, / â‚¬ . 36.27 Â«%3 ----- - ----- l/---- - *sl=30@Rt*Rr3%*~_L] C -0 1 - - - -9 11< --9 1 0 J + li #-1--- --- -im 20 2 -- * - CREEK 0 -g-<ES*~16/1. 0. -num*I_X~ J471\ ~ 'Â°E- 3- - *..*- i 300.14 51.. E i i 201.32 \ \ 11- / -PI k -- \ . 1 1/ . t : l Â«45-7 \: 0.,4 <1Â«77 i 40 I. 474 . -4.- tr Ofi) . Draft 10/28/98 Recorded at o'clock _.M. Reception No Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Andrew V. Hecht, Esq. Garfield & Hecht, P.C 601 East Hyman Avenue Aspen, CO 81611 AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR MAROON CREEK CLUB (the "Amendment") is made this day of 11998. 1. RECITALS 1.1 Declaration. (a), Pearce Equities Group Il Limited Llabxlity Company ("Pearce"), a Utah limited liabnity company and County of Pitkin, Colorado ("County") are parties to that certain agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for Maroon Creek Club" recorded November 12.1993 in Book 730 at Page 608 of the real estate records for the County (the 'SIA"). (b) The City of Aspen (the "City") has annexed the Property (as defined in the SIA) from the County, and in connection with such annexation, the County assigned all of its rights under the SIA to the City and the Cir, assumed all of the County's obligations under the SIA. 12 Amendment to SIA. Pearce and the City desire to amend the SIA as set forth in this Amendment 2. AMENDMENT. The SIA is hereby amended as follows: 2.1 Amendment to Paragraph 7 . (a) Pearce shall be relieved of all obligations to construct a pedestrian underpass, as described in subparagraph 7(a) of the SIA. Therefore the text of subparagraph 7(a) of the SIA is hereby deieted in its entirety and the phrase ''Intentionally left blank" substituted therefor. (b) The $175,000 that Pearce has provided as 'Security" (as defined in Paragraph 15 ofthe SIA) for the construction of the pedestrian underpass shall be used by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance with Paragraph 2.2(b) below. 2.2 Amendment to Paragraph 8. (a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following substituted therefor: Maroon Creek Pedestrian Bridge. Pearceshallcontribute Three Hundred Thousand and No/100 Dollars ($300,000.00) towards construct on of a pubLC pedestrian bridge across Maroon Creektoconnect the Tiehack base area with Isel n Park *-heCityshallbe responsible for the construction of the bridge, obtaining all requisite permits anc agrees that construction of the bridge will no<ommence until one hundred percent (100Â°6) of the funding is availaole and that construction will be completed within one (1) year of commencement, The City shall be responsible for obtaining any access easements required on the east side of the bridge. The contributions due from Pearce will be due within thirty (30) days after written notice ts given by the Cityto Pearce that the bridge is completed. Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west side of the bridge, Pearce shall provide any rdquired access easementson Common Parcel Q as shown onttle final Plal Thiconsent of Pearce to the design and location of the bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties shall agree on the provision ofa construction license over ands of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not hinder or interfere with any development of the Project or adversely affect any elements of the Project that have already - been constructed. The City shall be responsible for the operation, maintenance and repag-QI.,~ the bridge. If construction of the bridge does not commence before December 31, 2000.then in full satisfaction of any obligation to contribute towards construction of the-bridgejÂ·-Pearce shall make an unrestricted donationoJ One Hundred Thousana and No/100 Dol ars ($100,000.00) to the,Pitkin County Open Stace Board Anc: any "Security' provided by Pearce <-in accordance with Paragiapfi-14-for-the-con-*tfuction of the bridge (including the $175 000 which was initially earmarked for construction of the pedestr:an underpass) shall be returned to Pearce. (b) The City acknowledges and the parties agree that upon execution of this Amendment Pearce will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon CreeK pedestrian bridge (i.e., $100,000 that has always beer, earmarked for the pedestrian bridge 2 plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of Pearce's oblgation under the first sentence of Paragraph 8 of the SIA As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security and Pearce shall pay the City an additional $200,COO. If construction of the bridge does not commence by December 31,2000, the City shall return 5275,000 to Pearce and Pearceshall make an unrestricted donation of $100,000 to the Pitkin Coun'y' Open Space Board. 2.3 Relocation of Government Trail. Notwithstanding anything to contrary in the S IA, Pearce shall meet with the U nited States Forest Service (the "US FS") w th respect to the proposed relocation of the Government Trail as shown on ExhiD,1 A hereto, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.; that will be approved by the U S FS (and any other governmental agency or agencies whose consent may be required) Promptly after Pearce notifies the City that USFS- approved specifications have been developed, the City shall procure, at the City's cost and expense, any and all access easements that may be requ red to relocate the Government Trail accordingly (whether or not such easements are located within the City). After all required consents, agreements and access easements have been obtained and/or procured, Pearce shall be responsibie at Pearce s cost and expense, for relocating the Government Trail in accordance w th the USF S-approved specifications 3. MISCELLANEOUS. 3.1 Representations. The City represents to Pearce that the City has full authority to enter into this Amendment and that the recitation in Paragraph 1 1 [b) is true. 3.2 Defined Terms. Capitalized words and phrases used in this Amendment and not otherwise defined shall have the meanings g ven to such words and phrases in the SIA. 3.3 Counternarts. This Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. 3 + IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements Agreement for Maroon Creek Clubs executed the day anc year first above written. CITY OF ASPEN, COLORADO ATTEST: By: By: Name Title Name Title PEARCE EQUITIES GROUP 11 LIMITED LIABILITY COMPANY, a Utah limited liability company By James T. Pearce, Jr., Member 8TATI Or COLOIBADO ) ) 88 COUNTY or PITKIN ) The foregoing instrumentwasacknowledged before Inethis _ dav or , 1998 by aS for the City of Aspen. Colorado. WITNI88 my hand and official seal My commission expires: Note' Public STATI Or COLORADO ) ) SS 4 .. col_Wn or PITICIIN ) The foregoing Instrument was acknowledged before me this da, of , 1998 by James T. Pearce, Jr., Klember of Pear ce Equir ie.5 (,i oui, 11 ti,ni'eo Liabt,it, Coinpany, a Utah limited liabilit, compaip WIT>â‚¬85 Iny liand and orricial seal VY commission expires: Wolary Public.' 5 0 0 Extll BIT i Description of Oovernment Trail as relocated M.\I,thÂ·ov,er,wp63'AVH\MAROCUOCCS\sia amn3 wEd 6