HomeMy WebLinkAboutcoa.lu.ec.700 E Hyman Ave.50B(86)87
,. CASELOAD ~UMMARY SHEET
. City of Aspen ,.,;J-737-/g;Z-//-OOb
DATE RECEIVED: 3)31/8'1 ct!;'E NO. SOB(ir6)'iS'7
DATE RECEIVED COMPLETE: STAFF: ~"'J
PROJECT NAME: 700 Eo J.Jyman \);A bd,'visi(Jn F,rlfl) pJa.T
APPL!CANT:-1}odg€ CQP;f~' Co~p:;~ '
( \ppl~cant Add~ess/Phone: /. 0 Brd 3 y 13)"d., SlAde t;l'i ,-Sal.l<<J.Y-o }CJ'f qL/965:
REPRES ENTA'l'IV E: Va VI n A s;'ar.,a~, ~ ~ ~~~'t ~f1 VI ~
Rep~esentative Add~ess/Phone: 0 klfl1!> -s .0..,6/, 6-/''lS!?
Type of Application:
I. GMP/Subdiv ision/PUD
1. Concer:*: ual Submi ssion
2. P~elimina~y Plat
3. Final plat
20
12
6
$2,730.00
1,640.00
820.00
II. Subdivision/PUD
5
$1.900.00
1,220.00
820.00
$1. 490.00
$ 6 80 . 0 0
1. Conceptuill Submission
2. p~elimina~y Plat
3. Final plat
-l 4 .._~. - --.--' -- '.-
9
6
III. All ''Two Step" Appl ications
IV. All "One Step" Appl ications
V. Refe~~al Fees - Env i ~onmental
Health, Housing Office
11
(
1. Mino~ Applications
2
$
50.00
2. Majo~ Applications
Referral Fees-
Eng ineering .
Minor Applications
Major Applications
5
$ 125.00
80.00
200.00
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P&Z t:.. MEETING DATE: ~:,.~~;qjfr;UBLIC HEARING:' YES
. DATE REFERRED:'LJ.1.~'( INITIALS: '1 I{./
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(NO
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REFERRALS:
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____ Aspen Consolo S.D. ____ School Dist~ict
Mtn. Bell ____ Rocky Mtn. Nat. Gas
Pa~ ks Dept. ____ State Hwy Dept (Glenwd)
Holy Cross Electric ____ Statellwy Dept (Gr.Jtn)
Fi~e Marshall ____ B1dg: Zoning/lnspectn
Fire Chief Othe~:
Roaring Fork Transit _____ Roaring Fork Energy Center
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~ City Atty V City Enginee~ (/ Building Dept.
Ci ty Atty
Ci ty Engi neer
Housing Dir.
Aspen ~Iate~
Ci ty Elect r ic
Envir. H1th.
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APR 2 7 I~0101i
FOR THE P
TEMENT OF EXCEPTION
E FULL SUBDIVISION PROCESS
OSE OF SUBDIVIDING THE PROPERTY
N AVENUE, CITY OF ASPEN, COLORADO
,
,
WHEREAS, HODGE CAPITAL COMPANY, a California limited partnership
(hereinafter referred to as "Hodge") is the owner of a parcel of real
property described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, Hodge
subdivision process
described on Exhibit
has
for
"An;
requested an exception from the full
the purpose of subdividing the property
and
WHEREAS, the City Council of Aspen, Colorado, at its regular
meeting on February 23, 1987, determined that Hodge's request for such
subdivision was appropriate and granted the same, subject however, to
the conditions described hereinafter.
NOW THEREFORE, the City Council of Aspen, Colorado, does determine
that the application for exception from the full subdivision process
for the purpose of subdivision of the property described on the
attached Exhibit "A" is proper and hereby grants said subdivision,
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
.<.!
1. Hodge's recording of a Subdivision Exception Plat designating
the two lots formed prior to the issuance of any building permits.
Said plat shall conform to Section 20-15 of the Municipal Code of the
City of Aspen, Colorado and contain the revised property descriptions.
2. Hodge's execution of a subdivision agreement as required by
Section 20-16 of the Municipal Code of the City of Aspen, Colorado, in
a form approved by the Aspen City Attorney.
3. Hodge agrees to participate in any future improvement
districts encompassing its property.
DATED this
day of
, 1987.
HODGE CAPITAL COMPANY, a
California limited partnership
By
THOMAS H. WILSON, general partner
CITY OF ASPEN, a municipal
corporation
By
WILLIAM L. STIRLING, Mayor
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS ON FOLLOWING PAGE)
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APPROVED AS TO FORM:
PAUL J. TADDUNE, City Attorney
I. KATHRYN S. KOCH, do hereby certify that the foregoing Statement
of Exception from the Full Subdivision Process for the Purpose of
Subdividing the Property at 700 East Hyman Avenue, Aspen, Colorado, was
considered and approved by the Aspen City Council and that the Mayor,
William L. Stirling, was authorized to execute the same on behalf of
the City of Aspen.
KATHRYN S. KOCH, City Clerk
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 1987, by THOMAS H. WILSON as general partner of
HODGE CAPITAL COMPANY, a California limited partnership, on behalf of
said partnership.
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 , 198&, by WILLIAM L. STIRLING, as Mayor, and KATHRYN
S. KOCH as City Clerk of the CITY OF ASPEN, a municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
exception/LOTSPL
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.
,.. .....
"'"....
COVENANT RESTRICTING LOT 2, BLOCK l04,
CITY AND TOWNSITE OF ASPEN, COLORADO
TO USE AS "EMPLOYEE HOUSING"
THIS COVENANT AND
property is made this
Hodge Capital Company,
RESTRICTION affecting the use of real
day of 1987, by
a California limited partnership (herein-
after referred to as "Owner").
RECITALS
1. Owner is the record owner of the following described
real property and any improvements which may be constructed
thereon (hereinafter referred to as the "Property") situate in
the City of Aspen, Pitkin County, Colorado, to-wit: Lot 2, Block
l04, City and Townsite of Aspen, Colorado.
:-:-,.
2. The City Council of the City of Aspen on
1987, approved a growth management plan and subdivision exemption
application affecting the Property and allowing the development
of unrestricted, "free market" dwelling units thereon.
3. As a condition of growth management plan and subdivi-
sion exemption approval for the Property, the Owner is required
to provide, at this time, property and/or dwelling units capable
of housing 4.5 low income employees subject to the specific
employee housing restrictions and guidelines of the City.
4. Owner desires to comply with the employee housing
requirement by restricting the use of the Property at this time
and to reserve the right to substitute other suitable dwelling
units in the future, as more particularly set forth below.
NOW, THEREFORE, in satisfaction of the aforementioned
conditions of GMP and subdivision exemption approval, Owner
hereby covenants and agrees as follows:
18/DD5
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1. The Property shall be and is hereby restricted exclu-
sively to use as rental or sale employee housing under and in
accordance with the City of Aspen and the Aspen/Pitkin County
Housing Authority Employee housing use, rental and sale guide-
lines and qualifications in effect on the date of this covenant.
2. The restrictive covenant contained herein shall be
deemed a burden upon and to run with the title to the Property,
shall be binding upon the Owner, its successors and assigns, and
upon all persons or entities having any right, title or interest
in and to the Property or any part thereof, and shall inure to
the benefit of and be specifically enforceable by the City of
Aspen or its designee by any appropriate legal action including
injunction, abatement or eviction of non-complying tenancies,
unless such covenant is released as set forth below.
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3. Release of Covenant. The imposition of the restrictive
covenant contained herein, and its enforceability by the City of
Aspen, are subject to and conditioned upon the reservation by
Owner, its successors and assigns, of the absolute right to
substitute appropriately deed restricted dwelling units which are
capable of providing adequate housing for no less than 4.5 low
income employees, as that term is defined by the Aspen/Pitkin
County Housing Authority for the covenant contained herein. Such
housing shall be deemed adequate if it meets the rental or sale
guidelines for low income housing as established by the
Aspen/Pitkin County Housing Authority on the date of this
covenant. Substitution shall be accomplished by delivery to the
Aspen City Attorney of a fully executed covenant restricting the
dwelling units described therein to use as rental or sale
employee housing in the same manner as contained herein. Upon
receipt of said covenant, the City Attorney shall forthwith cause
to be prepared and executed a full and complete release of the
City's interest in the covenant contained herein, which release
shall be recorded in the records of the Clerk and Recorder of
Pitkin County.
18/DD5
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,
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4. Except as provided in Paragraph 3, above, this covenant
shall not be modified, released or waived in any respect except
by written instrument executed by both the Owner, or its succes-
sors and assigns, and the City of Aspen.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
seal as of the day and year first above written.
OWNER:
HODGE CAPITAL COMPANY,
A California Limited Partnership
By:
Thomas H. Wilson
General Partner
APPROVED AS TO FORM:
APPROVED AS TO FORM:
ASPEN CITY ATTORNEY
ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
By:
Director
Paul J. Taddune
STATE OF COLORADO
ss.
COUNTY OF PITKIN
Subscribed and sworn to before me by Thomas H.
as General Partner of Hodge Capital Company, a California
partnership this day of , 1987.
my hand and official seal. My commission expires
Wilson,
limited
Witness
Notary Public
18/DD5
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,
CITY OF ASPEN.
MEMO FROM STEVE BURSTEIN
To.' P'vl Ta.JJviH J C:+j At-!u"('J
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MEMORANDUM
FROM:
Mayor and city council
Robert S. Anderson, Jr., City Manager ~
steve Burstein, Planning Office 0fZ
TO:
THRU:
RE:
700 E. Hyman Subdivision Final Plat
DATE:
April 22, 1987
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SUMMARY: The Planning Office recommends approval of final plat
subject to the condition that technical clarification be made to
the Subdivision documents prior to signing of final plat.
LOCATION: 700 E. Hyman Street, Lots K, L, M, Nand 0, Block 104,
Townsite and city of Aspen.
ZONING: O-Office.
LAND AREA: 12,000 s.f.
PRIOR COUNCIL ACTION: On February 23, 1987 city Council granted
GMP allocation of two (2) units, approved conceptual subdivision,
and approved an employee housing GMP exemption for the 700 E.
Hyman project.
PROBLEM DISCUSSION:
A. Referral Comments:
city Engineer: In a memorandum from Jay Hammond dated April 21,
1987 several comments were made regarding representation of site
plan features (sidewalk and right-of-way improvements), financial
assurances for public improvements, and grant of a seven foot by
ten foot easement in the area around an existing transformer on
the property.
City Attorney: The City Attorney has verbally explained to the
applicant's representative certain technical changes to be made
to the Subdivision Improvements Agreement. Those changes were
agreed on and should be executed to the satisfaction of the City
Attorney prior to signing the final plat.
B. Planning Office Comments: The Planning Office has reviewed
the submitted documents with regard to conditions of approval
from Conceptual Subdivision approval and compliance with Sections
20-15 and 20-16 of the Subdivision Regulations. We believe there
are no substantive issues requiring Council's attention to be
resolved prior to signing of the final plat; however, a number of
""'"..
minor technical matters need to be cleared up to the satisfaction
of the City Engineer, city Attorney and Planning Office. The
applicant has agreed to make the appropriate changes. These
changes include: plat changes requested by the city Engineer,
recordation of a landscape/site development plan, specification
of a construction schedule, submission of employee housing deed
restrictions, submission of a letter of credit or other financial
guarantee, and tying commitments into specific permits and
schedules as stated in conceptual approval.
RECOMMENDED MOTION: "Move to approve the 700 E. Hyman final plat
subject to the condition that all technical clarifications be
made to the subdivision improvements agreement, statement of
subdivision exception and final plat to the satisfaction of the
city Attorney, city Engineer and Planning Office prior to signing
of the final plat."
CITY MANAGER RECOMMENDATIONS:
ds
sb. 112
2
,
MEMORANDUM
III
1;1
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FROM:
Steve Burstein, Planning
Jay Hammond, City Engineering ~
TO:
DATE:
April 21, 1987
RE:
700 E. Hyman Subdivision Exception
:================================================================
Having reviewed the plat and draft agreement for the 700 E. Hyman
Subdivision, I would offer the following comments:
Final approval should be conditioned on the following:
1. Grant of a seven foot by ten foot easement in the area around
the existing transformer on the northeast corner of the property
as a · non-exclusive communications and electric easement.. A
separate easement agreement should be recorded.
2. The plat should show the proposed sidewalk and right-of-way
improvements.
3. Financial assurances shall be required for public
improvements and landscaping in the right-of-way.
JH/co/700HymanSubdExcep
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V ANN ASSOCIATES
Planning Consultants
March 27, 1987
Mr. Steve Burstein
Aspen/Pitkin planning Office
130 S. Galena street
Aspen, Colorado 81611
RE: Lucas Property Final Subdivision Plat Application
Dear Steve:
The attached documents are submitted pursuant to Section
20-14 of the Municipal Code in support of the Hodge
Capital company's request for final subdivision plat
approval for the 700 East Hyman Avenue condominium
project. The documents are consistent with the City
Council's February 23rd conditions of conceptual sub-
division approval and include the following: 1) storm
water retention plan, 2) improvements agreement, 3) sub-
division exception plat, and 4) statement of subdivision
exception. A check in the amount of $900.00 for payment
of the application fee and referral to the City's En-
gineering Department is also included.
As we discussed, the Applicant wishes to obtain a building
permit and begin construction as soon as possible given
the current favorable weather conditions. Any assistance
which you could provide in obtaining a timely review by
the planning Office and an expedited approval by City
Council would be sincerely appreciated.
Should you have any questions, or if I can be of any
assistance, please do not hesitate to give me a call. On
behalf of Vann Associates and the Hodge Capital Company,
PO Box 8485 . Aspen, Colorado 81612. 303/925-6958
C "\ ~ )
...;
Mr. Steve Burstein
Aspen/Pitkin Planning Office
March 27, 1987
Page 2
thank you for your assistance throughout the review
process.
Very truly yours,
S. INC.
--.._- _.,--~-
AICP
SV: j lr
Attachment
./
SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
700 EAST HYMAN SUBDIVISION
This Subdivision
entered into this
the CITY OF ASPEN,
(hereinafter referred
COMPANY, a California
referred to as "Owner").
Improvements Agreement is made and
day of , 1987, by and between
Colorado, a municipal corporation
to as "City"), and HODGE CAPITAL
limited partnership (hereinafter
R E C I TAL S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat of a tract of land
situate within the City of Aspen, Colorado, legally
described on Exhibit "A" attached hereto and incorporated
herein by this reference, and designated as "700 East Hyman
Subdivision" (the "Plat"); and
2. The City has fully considered the Plat, the
proposed development, the improvement of the land and the
effects of the proposed development and improvement of land
included in the Plat on other adjoining or neighboring
properties; and
3. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote and enhance the public welfare; and
4.
by and
imposed
The Owner is willing to acknowledge, accept, abide
fai thfully perform the conditions and requirements
by the City in approving the Plat; and
5. Under the authority of SS 20-16(c) of tha
Municipal Code of the City of Aspen, Colorado, the City is
entitled to assurance that the matters hereinafter agreed to
will be faithfully performed by the Owner; NOW, THEREFORE,
WIT N E SSE T H :
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by the
City, it is mutually agreed as follows:
/
I.
GENERAL DEVELOPMENT PLAN
The 700 East Hyman Subdivision as shown on the Plat
includes the following elements:
A. Lots K, L, M, and N, Block 104, Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado, are to
be divided into two (2) duplex lots containing 6,000 sq. ft.
each along the common lot line between Lots Land M. Each
new lot would contain two (2) free-market units arranged in
a townhouse row with each containing three (3) bedrooms.
The floor area of the two (2) duplexes would total
approximately 9,000 sq. ft. (.75:1 FAR).
B. Employee Housing. The employee housing
requirement has been met by the applicant agreeing to deed
restrict two (2) two-bed units at Park Place Condominiums
and making a cash-in-lieu payment for the equivalent of .4
low-income employees, as calculated at the time of the
building permit application.
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature of Improvements. Owner hereby agrees to be
responsible for the making and installing of the
improvements to be contained within the project. The nature
of such improvements shall substantially conform to the
schedule entitled "700 East Hyman Subdivision Improvement
Schedule" attached hereto and made a part hereof as Exhibit
liB. "
B. Construction Schedule. Construction of all
development improvements shall substantially conform to the
construction schedule set forth within the attached Exhibit
"B," unless amended in the manner set forth in SIll, below.
The construction schedule includes the dates anticipated for
completion of the improvements.
C. Storm Drainage. Design standards shall be
approved by the Engineering Department to a standard which
insures the maintenance of historic runoff patterns.
D. Sidewalks. Sidewalks will be constructed as
required by Resolution 19, Series of 1975.
E. Landscaping Plan. In accordance with S24-8.16 of
the Municipal Code, all landscaping shall substantially
conform to the "Landscape-Site Plan" submitted with the 700
East Hyman Residential GMP Application on December 1, 1986,
and described in the Landscape Inventory marked Exhibit "c"
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attached hereto and made a part hereof, which together show
the extent and location of all plant materials and other
landscape features, proposed treatment of ground surfaces
(~., paving, turf, gravel, etc.), location of water
outlets, and a plant material schedule with common and
botanical names, sized, quanti ties, and methods of
transplant. Landscaping will be completed in a logical
sequence commensurate with the completion of the structures
contemplated for these premises and the climatic conditions
extent in the City of Aspen, Colorado.
F. Vegetation of Disturbed Areas. Owner agrees,
pursuant to the provisions of the Landscaping and Grading
Plan that during the course of construction any portions of
the property which are disturbed shall, as soon as
practical, be landscaped and vegetated in accordance with
the Landscaping Plan.
G. Si te Improvements. Improvements to the site and
adjacent right-of-ways will be completed in a logical
sequence commensurate with the completion of the structures
contemplated for these premises.
H. Improvement District. In the event that any
municipal improvement or improvements of a kind contemplated
in Section 20-l6 of the Municipal Code of the City of Aspen,
as amended, became, in the sole judgment or discretion of
the City Council of the City of Aspen, necessary or
desirable to the area of the above described property,
covenantors will make no unreasonable objection to any
special assessment or special tax or proceeding therefor on
the basis that the property is adequately served by existing
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Convenantor further agrees to join, upon the
demand therefor by the City, any special improvement
district, urban renewal district formed for construction of
such improvements (including, without limitation, signage,
drainage, underground utili ties, paved streets and alleys,
planting, curbs, gutters, sidewalks, street lights, traffic
circulation, trails, recreation facilities, berms, open
space lands, public transportation facilities, parking,
etc.), in the area of the above-described property.
I. Woodburning Devices. The installation and use of
any woodburning devises in the Subdivision will be governed
by Ordinance 12 (series of 1983).
J. Soils Test. If, during excavation, mine tailings
are encountered, a soil sample will be provided to the
Environmental Health Department for analysis.
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;
III.
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
A. In the event the City determines that the Owner is
not acting in substantial compliance with the terms of this
Agreement, the City may issue and serve upon the Owner a
written order specifying the alleged non-compliance and
requiring the Owner to cease and desist from such
non-compliance and rectify the same within such reasonable
time as the City may determine and specify in such order.
Within twenty (20) days of the receipt of such order, the
OWner may file with the City a notice advising the City that
it is in compliance or a written petition requesting a
hearing to determine anyone or both of the following
matters:
(1) whether the alleged non-compliance exists or
did exist; or,
(2) whether a variance, extension of time or
amendment to this Agreement shall be granted with respect to
any such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set
forth in the cease and desist order and in the petition.
The hearing shall be convened and conducted pursuant to the
procedures normally established by the City for other
hearings. If the City determines by a preponderance of the
evidence that a non-compliance exists which has not been
remedied, it may issue such compliance orders as may be
lawful and appropriate.
B. The Owner may, on its own initiative, at any time
petition the City for an amendment to this Agreement and the
exhibits attached hereto or to extend any of the time
periods or modify the specific time required for
performance. With respect to the 700 East Hyman Subdivision
Improvements Schedule (Exhibit "B"), the Owner has made
various assumptions, which the City hereby acknowledges and
accepts, including the following:
(l) Obtaining the appropriate construction
financing within one (1) year from the date of receiving all
final subdivision approvals from the City;
(2) Completion in an expeditious manner of the
bidding, contractor selection, and implementation phases to
meet the dates indicated;
(3) Confirmation of the construction schedule by
selected contractors;
(4) Availability of
materials during each phase;
(5) Sale of residences at a
permit the phasing suggested in the
Construction Schedule.
the
required
labor
and
rate that would
Development and
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The City shall not refuse to extend the time periods
for performance indicated in the Development and
Construction Schedule or refuse to allow reasonable
adjustments to the Schedule or the specifications if the
Owner demonstrates by a preponderance of the evidence that
the reasons for such extension or said adjustments result
from the failure of such assumptions, unforeseeable
circumstances, litigation, acts of God, or other events
beyond the control of the Owner despite good faith efforts
on its part to accomplish the same.
IV.
FINANCIAL ASSURANCE
Pursuant to Section 20-16 (c) and Section 24-8.16 of
the Aspen Municipal Code, Owner hereby agrees to provide a
guaranty in the sum of $ which sum
represents the estimated cost of 100% of that portion of the
subdivision improvements and 125% of that portion of the
Landscaping Plan for which the City, through the City
Engineer, has requested financial assurance. Those portions
of the subdivision improvements and the Landscaping Plan for
which financial assurance has been requested and which
hereby is agreed to be given is described in Exhibits "B"
and "c" attached hereto and made a part hereof. The
guaranty to be provided by Owner shall be in a form
acceptable to City. The guaranty shall give the City the
unconditional right, upon default by the Owner, or its
successor or assigns, to obtain funds upon demand to
partially or fully complete and/or pay for any improvements
or pay any outstanding bills for work done thereon by any
party. As portions of the improvements required are
completed, the City Engineer shall inspect them, and upon
approval and acceptance, he shall authorize the release of
the actual cost as documented by invoices for that portion
the improvements; PROVIDED, HOWEVER, that ten percent (10%)
of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City
Engineer.
It is the express unCerstanding of the parties that the
procedure set forth in Section III pertaining to the
procedure for default and amendment of this Agreement shall
not be required with respect to the enforcement and
implementation of financial assurance and guaranties to be
provided by Owner as set forth above and required by Section
20-16(c) of the Municipal Code of the City of Aspen,
Colorado.
V.
MISCELLANEOUS
A. The provisions hereof shall
inure to the benefit of the Owner
respective successors and assigns.
be binding upon and
and City and their
- 5 -
--'
,
B. This Agreement shall be subject to and construed
in accordance with the laws of the State of Colorado.
C. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the
remainder of this Agreement, and the application of any such
provision, paragraph, sentence, clause, phrase, word, or
section in any other circumstance shall not be affected
thereby.
D. This Subdivision Improvements Agreement contains
the entire understanding between the parties herein with
respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinati ve of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders.
F. The parties agree that this Subdivision
Improvements Agreement for 700 East Hyman Subdivision shall
be recorded by the City in the Pitkin County, Colorado real
property records.
G. Notices to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated
below, or such other addresses as may be substituted upon
written notice by the Parties or their successors or
assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 8161~
HODGE CAPITAL COMPANY, a
California limited partnership
1505 Bridgeway, Suite 129
Sausali to, California__9~65_~ _.__
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit "A" hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year
- 6 -
-'
$
respectively indicated, in full understanding and agreement
to the terms and conditions herein contained.
CITY OF ASPEN, a Colorado
municipal corporation
ATTEST:
By
William Stirling, Mayor
City Clerk
HODGE CAPITAL COMPANY, a
California limited partnership
By
general partner
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of , 1987, by WILLIAM STIRLING as
Mayor, and KATHRYN KOCH, as City Clerk of THE CITY OF ASPEN,
a Colorado municipal corporation.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO)
) 55.
COUNTY OF PITKIN )
The foregoing
this day of
generar--partner of
limited partnership,
,.,---
instrument was acknowledged before me
, 1987, by as
HODGE CAPITAL COMPANY, a California
on behalf of said partnership.
'-
WITNESS my hand and official seal.
My Commission expires:
Notary Public
sdia/GMP2
- 7 -
./
..
EXHIBIT "A"
Legal Description of 700 East Hyman Subdivision
Lots K, L, M, and N, Block 104, Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado
~
- 8 -
"
EXHIBIT "B"
Improvements Schedule for 700 East Hyman Subdivision
Improvement:
Install Fire Hydrant
on SW corner
Install Sidewalks (surfaced
with exposed aggregate
and/or brick pavers), curbs
and gutters including
handicap ramp at intersection
and street furniture
Date
of Comr;Ietion:
Cost
of Installation:
9/30/87
$ 2,000.00
9/30/87
$ 5,500.00
- 9 -
EXHIBIT "c"
Landscape Inventory for 700 East Hyman Subdivision
Description:
Improvement Cost:
Trees and Shrubs: 9 Cleveland
Maples or equivalent species
acceptable to Parks Dept.
(minimum 3~-4" caliper); 13
clusters of Aspen, shrubs,
and bluegrass sod
$ 10,000.00
- 10 -
.
,.
STATEMENT OF EXCEPTION
FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF SUBDIVIDING THE PROPERTY
AT 700 EAST HYMAN AVENUE, CITY OF ASPEN, COLORADO
WHEREAS, HODGE CAPITAL COMPANY, a California limited partnership
(hereinafter referred to as "Hodge") is the owner of a parcel of real
property described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, Hodge
subdivision process
described on Exhibit
has
for
"A";
requested an
the purpose of
and
exception from the full
subdi viding the property
WHEREAS, the City Council of Aspen, Colorado, at its regular
meeting on February 23, 1987, determined that Hodge's request for such
subdivision was appropriate and granted the same, subject however, to
the conditions described hereinafter.
NOW THEREFORE, the City Council of Aspen, Colorado, does determine
that the application for exception from the full subdivision process
for the purpose of subdivision of the property described on the
attached Exhibit "A" is proper and hereby grants said subdivision,
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
1. Hodge's recording of a Subdivision Exception Plat designating
the two lots formed prior to the issuance of any building permits.
Said plat shall conform to Section 20-15 of the Municipal Code of the
City of Aspen, Colorado and contain the revised property descriptions.
2. Hodge agrees to participate in any future improvement
districts encompassing its property.
DATED this
day of
, 1987.
HODGE CAPITAL COMPANY, a
California limited partnership
By
general partner
CITY OF ASPEN, a municipal
corporation
By
WILLIAM L. STIRLING, Mayor
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS ON FOLLOWING PAGE)
- 1 -
"
"
-
APPROVED AS TO FORM:
PAUL J. TADDUNE, City Attorney
I. KATHRYN S. KOCH, do hereby certify that the foregoing Statement
of Exception from the Full Subdivision Process for the Purpose of
Subdividing the Property at 700 East Hyman Avenue, Aspen, Colorado, was
considered and approved by the Aspen City Council and that the Mayor,
William L. Stirling, was authorized to execute the same on behalf of
the City of Aspen.
KATHRYN S. KOCH, City Clerk
STATE OF COLORADO
ss.
COUNTY OF
of
of
of
The foregoing instrument was acknowledged
, 1 987, by
HODGE CAPITAL COMPANY, a California limited
said partnership.
before me this day
as general partner
partnership, on behalf
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 , 198&, by William L. Stirling, as Mayor, and Kathryn
S. Koch as City Clerk of the CITY OF ASPEN, a municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
exception/LOTSPL
- 2 -
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ASPEN/PITKIN'PLANNING OFFICE
130 s. Galena street
Aspen, CO 81611
(303) 925-2020
Date: ((Jill J11/'I ,\1-
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This is to i_ form you that the Planning Office has completed its
preliminary review of (tIle) captioned application. We have determined
that your application ~S. NOT complete.
.....Y
Addi tional i terns required include:
Disclosure of Owne~ship (one copy only needed)
Adjacent p~ope~ty Owners List/Envelopes/Postage (one copy)
Addi tional copies of enti~e appl ication
Autho~ ization by owner fo~ representative to sul:mi t appl ica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, ,or othe~ specific materials
A check in the amount of $
A. Your applicationoi,s complete and we haYne ,scheduled it for
review by the '--{Hc. on !1j:!.li.L::c1 . We will
call you if we need any additional information prior to that
date. Several days p~ior to you~ hearing, we will call and
make available a copy of the memorandum. Please note that it
IS NOT you~ responsibility to post you~ p~operty with a
sign, which we can provide you for a $3.00 fee.
l-
e/
B. You~ application is incomplete, we have not scheduled it
~eview at this time. When we receive the materials we have
~equested, we will place you on the nexttVailable agenda.
'2)--
If you have any questions, please call I jUU': --------
the planne~ assigned to your case.
Since~ely ,
A~EN/PITKIN PLANNING
"I I' "{'/'.
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OFFICE
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GROUNDWORK
210 S. Galena Street
Suite 24
Aspen, CO 81611
(303) 920-1202
March 30, 1987
Mr. Jay Hammond
City Engineer
130 S. Galena St.
Aspen, CO 81611
Dear Mr. Hammond:
I have reviewed the drainage characteristics of the 700
East Hyman Subdivision Exception parcel. Using the
Rational Method, I have determined that the maximum runoff
on the undeveloped site during a 100 year storm event is
.052 c.f.s. Maximum runoff after development will be .142
c.f.s.
The historical rate of runoff of .052 c.f.s. will be
maintained through use of on-site swales and a system of
below ground cisterns/drywell. Given the physical
characteristics of the site, drywells are necessary to
provide adequate foundation, rooftop and driveway drain-
age. Storm water will be allowed to pool in cisterns and
be dispersed slowed into the soil, which has good per-
meability characteristics.
Two 750 gallon cisterns and one 1,500 gallon cistern, all
of which will be placed on a gravel bed, will be used to
accommodate peak storm flows from the rooftop, driveway
and patio areas. The remainder of the runoff on site will
be routed to the street at historic rates.
Thank you and Elyse Elliot for your invaluable assistance
with this project. Please do not hesitate to contact me
if you have questions.
Sincerely,
~'
WE:jlr !
'--
November 3, 1987
Paul Taddune, City Attorney
l30 South Galena
Aspen, CO 81611
[)ear Mr. 'raddune:
Enclosed herewith is a money order in the amount of
$25,000.00 made payable to the City of Aspen. The City is
authorized to hold such funds in an interest-bearing account.
Interest shall accrue to the benefit of Hodge-West Company if the
funds are refunded as provided below. The funds are to be held
as security for the reconstruction of an exterior stairway
attached to the West entry of Unit A of the 700 East Hyman
Duplexes, should such reconstruction be required by the City and
for the payment of legal fees and other costs which may be
incurred by the City in enforcing Hodge-West's obligations
hereunder.
.
This security arrangement is necessary because the stairway
in question does not precisely conform to the plans submitted in
the process of GMP approval for the 700 East Hyman Duplex
project. Hodge-West intends to seek approval of the as-built
stairway as a modification to the GMP allocation. If such
modification is not approved by resolution of the Planning and
Zoning Commission and City Council, then Hodge-West shall
reconstruct the stairway in accordance with the previously
approved plans. If Hodge-West fails to obtain approval of the
modification or to reconstruct by May 15, 1988, then the City is
authorized to enter upon the property in question, to reconstruct
the stairway, and to apply as much of the security deposit as
required to the cost thereof and to refund the difference to
Hodge-West.
If either the stairway is reconstructed by Hodge-West or the
modification is approved prior to May 15, 1988, the City shall
promptly refund the security deposit, together with interest.
Very truly yours,
HODGE-WEST COMPAN~.
--~ ~
By: -
ACCEPTANCE:
CITY OzbF ASPEN I J\
By: _ fs'^- L2.
-
"
Aspen/Pit
Mr. Larry Yaw
Hagman Yaw Architects
210 S. Galena streety
Aspen, Colorado 81611
October 19, 1987
Dear Larry:
As we discussed last week, the Planning Office has found that the
700 East Hyman Project west entry staircase deviates from the
approved plan. The Planning and zoning commission also reached
concensus that the staircase as built is a substantial deviation
from the plan they approved; and we have recommended to the
Building Department that this feature should be brought into
compliance prior to issuance of a certificate of Occupancy.
.
You may either bring this architectural feature into compliance
or make application for an amendment to the approved GMP plan
according to section 24-11. 7 (b) of the Municipal Code. A GMP
amendment would be heard by both the Planning and Zoning Commis-
sion and city Council. This matter cannot be scheduled before
P&Z until we have a complete application.
sincerely,
steve Burstein,
Aspen/Pitkin Planning Office
sb.700.1
"1EMORANDUM
10. I""" (:,. !.
1 j 1 \ ,: ---'.' ::~~>.J
To:
Steve
Burstein, PJanning
[#y
Vandemar4<', Fi r'e Marshal
ocr I 5 19'F
From:
Wayne
RE: 700 E. Hyman Condos
Date
October' 15, 1987
----------------------------------------------------------------
----------------------------------------------------------------
A visit to the complex indicated that the Fire Hydrant is in
p~ope~ location for fi~e service use~
,.
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.,
HAGMAN YAW
ARCHITECTS
un
210 SOUTH GALENA
ASPEN, COLORADO 81611
303/925-2867
'-" ", c, .,
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ocr,~ /987
14 October 1987
~~--.,.~_.~--<~...
Mr. Steve Burstein
Aspen Planning Department
130 South Galena
Aspen, Colorado 81611
Re: 700 East Hyman Project
Dear Steve:
Thank you for apprising us of the architectural detail problem
you perceive with respect to the entry stair configuration accessing
the Spring Street unit of the 700 East Hyman project.
We understand that your deliberations with P&Z on this matter will
result in withholding issuance of a Certificate of Occupancy until
resolved, and we are most anxious to do so at the earliest possible
time because the project is nearly complete and ready for occupancy.
The actual built stairway does in fact vary slightly from the design
representation in the GMP application document. We and the project
ownership altered the design during the design development process
following the GMP approval believing that it was a minor refinement
which enhanced project workability but did not affect the detailed
design concept presented to P&Z during the GMP review process.
Had we viewed it as other than a refinement of no consequence, we
would have requested approval through proper channels at the time
we altered the design.
The refinement to the stair access of Units A, Band C occurred
because we wanted to clarify the access to the units. You may
notice that Unit D is built as shown on the application because
that concept works for that unit's entry.
We did not feel the need to place a sidewalk to the north of Unit A
duplicating the function of the city sidewalk and adding an addi-
tional strip of concrete on the public view side of the project.
This eliminated the need for the double-access stairway. We
substituted a single-access stairway utilizing the identical materials
and "feeling" of the schematic representation. We have used
exposed aggregate with brick sidewalk just as originally shown.
Upon further development of the entry into Units Band C, we
felt that two separate stairways would cause a hole between the
units that would become deeply shaded and unusable for anyone.
Bringing the site up into the entry areas creates an environmental
planting area that we have landscaped nicely with trees and
annual flowers.
Letter to Mr. Steve Burstein
14 October 1987
Page Two
If we misinterpreted the precise level of finished architectural
detail by which the Planning Office and P&Z measure compliance
to GMP representations, we sincerely apologize, but honestly felt
we were well within normal, and acceptable limits of design
discretion.
Our firm, as well as the architectural community in Aspen who
generally prepare GMP applications, feel that a GMP submission
represents a schematic design level of project definition and that
it would be unusual as well as highly constraining if subsequent
design development to the completed construction document level
did not involve improvement and refinement beyond the schematic
level. We think it important that the process of improvement and
refinement be encouraged within approval latitudes of GMP commit-
ment, rather than discouraged by an overzealous "police policy"
with respect to design detail.
On the opposite side of things, we feel a GMP requirement that
demands a highly precise level of detail commitment results in a
very costly application process without resulting public benefit.
Perhaps the problem is one of communication. If you are going to
demand precise conformance with respect to architectural design
details, then the Planning Office should formalize that measure so
that the private sector and the architects have a common expecta-
tion. I think it would save us all a lot of potential problems
such as the one that has arisen with this project.
We would appreciate the opportunity to seek remedy for this
problem with the Planning and Zoning Commission at their earliest
convenience. Perhaps it would also prove useful to address the
broader concerns of policy at that time.
Thank you very much for bringing this to our attention, Steve.
Very truly yours,
LY:sv
cc: Tom Wilson
Alan Richman
IA~
MEMORANDUM
TO:
CC:
Jim wilson, Chief Building Inspector
Jay Hammond, city Engineer
Wayne Vandemark, Fire Marshal
Tom Dunlop, Environmental Health Department
Bill Drueding, Zoning Official
FROM:
steve Burstein, Planning Office
RE:
700 E. Hyman street compliance with conditions of
approval
DATE:
October 14, 1987
----------------------------------------------------------------
----------------------------------------------------------------
Following are the Planning Office I s comments to you prior to
issuance of a certificate of occupancy for the 700 E. Hyman
street duplexes based on an October 8, 1987 site visit. Project
features are organized as to (1) compliance with land use
approvals needing no further staff or applicant attention and (2)
need for follow-up prior to issuance of C.O.
1. Project appears to comply with land use approvals
1. Architecture: enclosure of rear balconies (minor deviat-
ion from approved plans), materials (appear as approved),
height (no comment).
2. site plan: retaining walls (not shown
minor deviation as long as landscape
accomplished as approved), open space
sidewalks (appear as approved).
in GMP application,
plan can still be
(no comments), and
3. Construction Schedule: represented by end of 1987 (ahead
of schedule).
4. Parking: 16 spaces and snowmelt (appear to be provided as
approved) .
5. Employee Housing: Signed deed restriction placed on the
eastern duplex (Lot 2 of Block 104) as approved. Substitu-
tion of these units has not yet been approved by Housing
Authority - which must be accomplished prior to lifting deed
restriction.
2. Project features need further follow-up
1. Architecture: The west entry staircase deviates from the
design represented in the GMP application. On October 13,
1987 the Planning and Zoning Commission unanimously passed a
motion recommending to the Building Inspector to not issue a
certificate of Occupancy until this feature is brought into
compliance with approved plans, as from what the Commission
has seen the original is preferred, or receives approval
from P&Z for an amendment.
2. Energy conservation: representations were not checked
during the site visit; Building Department should review.
3. Water
installed
and Water
tory.
system/fire protection: The fire
on corner as approved to location.
Department should verify that hydrant
hydrant is
Fire Marshal
is satisfac-
4. Fireplaces/wood stoves: Only one fireplace was installed
in the unit I saw. This is fewer than the maximum allowed
by city Code or represented in application. Was told one
fireplace/unit throughout project, but cannot verify.
5. Drywells: Installed as to number in plan; should be
checked to satisfaction of the Engineering Department.
6. Landscaping: Was not installed at time of site visit.
Number, specy, location and the calipers or quanity speci-
fied in the Building Permit plans and Improvements Agreement
should be checked and approved prior to release of subdivis-
ion improvements guarantee.
sb.700
2
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BOOK ~ ;:) '"K 'i U
SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
-
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..
700 EAST HYMAN SUBDIVISION
This Subdivision Improve~~l_Agreement is made and
entered into this ~ day of , 1987, by and between
the CITY OF ASPEN, Colorado, a municipal corporation
(hereinafter referred to as "City"), and HODGE CAPITAL
COMPANY, a California limited partnership (hereinafter
referred to as "Owner").
R E C I TAL S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat of a tract of land
situate within the City of Aspen, Colorado, legally
described on Exhibit "A" attached hereto and incorporated
herein by this reference, and designated as "700 East Hyman
Subdivision" (the "Plat"); and
2. The City has fully considered the Plat, the
proposed development, the improvement of the land and the
effects of the proposed development and improvement of land
included in the Plat on other adjoining or neighboring
properties; and
3. The City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the Plat, such matters being necessary to
protect, promote and enhance the public welfare; and
4.
by and
imposed
The Owner is willing to acknowledge, accept, abide
fai thfully perform the conditions and requirements
by the City in approving the Plat; and
5. Under the authority of SS 20-16(c) of the
Municipal Code of the City of Aspen, Colorado, the City is
entitled to assurance that the matters hereinafter agreed to
will be faithfully performed by the Owner; NOW, THEREFORE,
WIT N E SSE T H :
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by the
City, it is mutually agreed as follows:
,~ BOOK535 i'~~E427
I.
GENERAL DEVELOPMENT PLAN
The 700 East Hyman Subdivision as shown on the Plat
includes the following elements:
A. Lots K, L, M, and N, Block 104, Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado, are to
be divided into two (2) duplex lots containing 6,000 sq. ft.
each along the common lot line between Lots Land M. Each
new lot would contain two (2) free-market units arranged in
a townhouse row wi th each containing three (3) bedrooms.
The floor area of the two (2) duplexes would total
approximately 9,000 sq. ft. (.75:l FAR).
B. Employee Housing. The employee housing
requirement has been met by the applicant agreeing to make a
cash-in-lieu payment for the equivalent of .4 low-income
employees, as calculated at the time of the building permit
application, and deed restrict Lot 2, Block 104, City and
Townsite of Aspen, Colorado to be exclusively used as rental
or sale employee housing subject to its absolute right to
substitute appropriately deed restricted dwelling units
which are capable of providing adequate housing for no less
than 4.5 low income employees, as that term is defined by
the Aspen/Pitkin County Housing Authority under its
quidelines as established on the date of this Agreement.
The employee housing commitment described herein shall
be performed in the following manner. Substitution shall be
accomplished by delivery to the Aspen City Attorney of a
fully executed covenant restricting the dwelling units
described therein to use as rental or sale employee housing
in the same manner as contained herein. Upon receipt of
said covenant, the City Attorney shall forthwith cause to be
prepared and executed a full and complete release of the
City's interest in the covenant contained herein, which
release shall be recorded in the records of the Clerk and
Recorder of Pitkin County.
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature of Improvements. Owner hereby agrees to be
responsible for the making and installing of the
improvements to be contained within the project. The nature
of such improvements shall substantially conform to the
schedule entitled "700 East Hyman Subdivision Improvement
Schedule" attached hereto and made a part hereof as Exhibit
"B. n
- 2 -
soox535 F\ot 4ZS
B. Construction Schedule. Construction of all
development improvements shall substantially conform to the
construction schedule set forth within the attached Exhibit
"B," unless amended in the manner set forth in SIll, below.
The construction schedule includes the dates anticipated for
completion of the improvements.
C. Storm Drainage. De sign standards shall be
approved by the Engineering Department to a standard which
insures the maintenance of historic runoff patterns.
D. Sidewalks. Sidewalks will be constructed as
shown on the "landscape-site plan" recorded with the final
plat executed in connection herewith and in conformance with
the standards and specifications for sidewalks on file in
the office of the City Engineer.
E. Landscaping Plan. In accordance with S20-16 of
the Municipal Code, all landscaping shall substantially
conform to the "Landscape-Site Plan" recorded with the final
subdivision plan executed in connection herewith and
described in the Landscape Inventory marked Exhibit "c"
attached hereto and made a part hereof, which together show
the extent and location of all plant materials and other
landscape features, proposed treatment of ground surfaces
(~., paving, turf, gravel, etc.), location of water
outlets, and a plant material schedule with common and
botanical names, sized, quanti ties, and methods of
transplant. Landscaping will be completed in a logical
sequence commensurate with the completion of the structures
contemplated for these premises and the climatic conditions
extent in the City of Aspen, Colorado.
F. Vegetation of Disturbed Areas. Owner agrees,
pursuant to the provisions of the Landscaping and Grading
Plan that during the course of construction any portions of
the property which are disturbed shall, as soon as
practical, be landscaped and vegetated in accordance with
the Landscaping Plan, no later than June 30, 1988.
G. Site Improvements. Improvements to the site and
adjacent right-of-ways will be completed pursuant to Exhibit
"B" in a logical sequence commensurate with the completion
of the structures contemplated for these premises.
H. Improvement District. In the event that any
municipal improvement or improvements of a kind contemplated
in Section 20-16 of the Municipal Code of the City of Aspen,
as amended, became, in the sole judgment or discretion of
the City Council of the City of Aspen, necessary or
desirable to the area of the above described property,
covenantors will make no unreasonable objection to any
special assessment or special tax or proceeding therefor on
the basis that the property is adequately served by existing
- 3 -
5Grll\535 fM,~429
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Convenantor further agrees to join, upon the
demand therefor by the City, any special improvement
district, urban renewal district formed for construction of
such improvements (including, without limitation, signage,
drainage, underground utili ties, paved streets and alleys,
planting, curbs, gutters, sidewalks, street lights, traffic
circulation, trails, recreation facilities, berms, open
space lands, public transportation facilities, parking,
etc.), in the area of the above-described property.
I. Woodburning Devices. The installation and use of
any woodburning devises in the Subdivision will conform to
the regulations, standards and specifications under
Section 11-2.3 of the Municipal Code of the City of Aspen,
Colorado as in effect on the date of this Agreement.
J. Soils Test. If, during excavation, mine tailings,
waste, or dump are encountered, a soil sample will be
provided to the Environmental Health Department for
analysis.
III.
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
A. In the event the City determines that the Owner is
not acting in substantial compliance with the terms of this
Agreement, the City may issue and serve upon the Owner a
written order specifying the alleged non-compliance and
requiring the Owner to cease and desist from such
non-compliance and rectify the same wi thin such reasonable
time as the City may determine and specify in such order.
Within twenty (20) days of the receipt of such order, the
Owner may file with the City a notice advising the City that
it is in compliance or a written petition requesting a
hearing to determine anyone or both of the following
matters:
(1) whether the alleged non-compliance exists or
did exist; or,
(2) whether a variance, extension of time or
amendment to this Agreement shall be granted with respect to
any such non-compliance which is determined to exist.
Upon the receipt of such petition, the City shall
promptly schedule a hearing to consider the matters set
forth in the cease and desist order and in the petition.
The hearing shall be convened and conducted pursuant to the
procedures normally established by the City for other
hearings. If the City determines by a preponderance of the
- 4 -
BOOK 535 p~~~ 430
evidence that a non-compliance exists which has
remedied, it may issue such compliance orders
lawful and appropriate.
not been
as may be
B. The Owner may, on its own initiative, at any time
petition the City for an amendment to this Agreement and the
exhibits attached hereto or to extend any of the time
periods or modify the specific time required for
performance. with respect to the 700 East Hyman Subdivision
Improvements Schedule (Exhibit "B"), the Owner has made
various assumptions, which the City hereby acknowledges and
accepts, including the following:
(1) Obtaining the appropriate construction
financing within one (1) year from the date of receiving all
final subdivision approvals from the City;
(2) Completion in an expeditious manner of the
bidding, contractor selection, and implementation phases to
meet the dates indicated;
(3) Confirmation of the construction schedule by
selected contractors;
(4) Availability of
materials during each phase;
(5) Sale of residences
permit the phasing suggested in
Construction Schedule.
the
required
labor
and
at a
the
rate that would
Development and
The City shall not refuse to extend the time periods
for performance indicated in the Development and
Construction Schedule or refuse to allow reasonable
adjustments to the Schedule or the specifications if the
Owner demonstrates by a preponderance of the evidence that
the reasons for such extension or said adjustments result
from the failure of such assumptions, unforeseeable
circumstances, litigation, acts of God, or other events
beyond the control of the Owner despite good faith efforts
on its part to accomplish the same.
IV.
FINANCIAL ASSURANCE
Pursuant to Section 20-16 (c) of the Aspen Municipal
Code, Owner hereby agrees to provide a guaranty in the sum
of $17,500.00, which sum represents the estimated cost of
100% of the subdivision improvements and Landscaping Plan
for which the City, through the City Engineer, has requested
financial assurance. Those portions of the subdivision
improvements and the Landscaping Plan for which financial
assurance has been requested and which hereby is agreed to
be given is described in Exhibits "B" and "c" attached
hereto and made a part hereof. As security for the
performance of its obligations hereunder, Hodge has
- 5 -
llOllK535 l'~b:4Jl
deposited cash in the amount of $17,500.00 with the City.
Said deposit was made with the understanding and upon the
condi tion that the full amount of said deposit will be
returned to Hodge upon delivery to the City Attorney of a
fully executed irrevocable letter of credit or loan
agreement, either of which gives the City the unconditional
right, upon default by the Owner, or its successors or
assigns, in the performance of the provisions of this
Agreement, to withdraw sufficient funds, upon demand, to
partially or fully complete and/or pay for any improvements
required pursuant to this Agreement or to pay any
outstanding bills for work done pursuant to this Agreement.
As portions of the improvements required hereunder are
completed, the City Engineer shall inspect them, and upon
approval and acceptance, he shall authorize the release of
the actual cost as documented by invoices for that portion
of the improvements required hereunder, provided however,
that ten (10%) percent of the estimated costs shall be
withheld until all improvements required hereunder are
completed and approved by the City Engineer. The Owner, its
successors and assigns, hereby agrees to further provide the
City with a warranty as to all water and sewer improvments
constructed hereunder for a period of one year from and
after acceptance by the City of such improvements.
It is the express understanding of the parties that the
procedure set forth in Section III pertaining to the
procedure for default and amendment of this Agreement shall
not be required with respect to the enforcement and
implementation of financial assurance and guaranties to be
provided by Owner as set forth above and required by Section
20-16(c) of the Municipal Code of the City of Aspen,
Colorado.
V.
MISCELLANEOUS
A. The provisions hereof shall
inure to the benefit of the Owner
respective successors and assigns.
be binding upon and
and City and their
B. This Agreement shall be subject to and construed
in accordance with the laws of the State of Colorado.
C. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the
remainder of this Agreement, and the application of any such
provision, paragraph, sentence, clause, phrase, word, or
section in any other circumstance shall not be affected
thereby.
- 6 -
BOOK 535 r\i,E 432
D. This Subdivision Improvements Agreement contains
the entire understanding between the parties herein with
respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders.
F. The parties agree that this Subdivision
Improvements Agreement for 700 East Hyman Subdivision shall
be recorded by the City in the pitkin County, Colorado real
property records.
G. Notices to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated
below, or such other addresses as may be substituted upon
written notice by the Parties or their successors or
assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
HODGE CAPITAL COMPANY, a
California limited partnership
1505 Bridgeway, Suite 129
Sausalito, California 94965
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit "A" hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year
respectively indicated, in full understanding and agreement
to the terms and conditions herein contained.
\ \ .,f ... $", .';""
.,.\ . ("-I-~-
i is rr 1\.T~~T;~ ...
,. . 4.01\ 1., . . l.
~~\";r"'/~.h"t'",,) d 4~..c...
j '1 / City Clerk
"'c' - - 7 -
"",4 "
CITY OF ASPEN, a Colorado
municipal corporation
BY~'<~
William Stirling, May
,-.._.__._.,.'--'_._--'-~._.. --'-'~_.-.
""3- '<":'3
~OOK;) J (',ct It..>
HODGE CAPITAL COMPANY, a
California limited partnership
By \ ~."'?
THOMAS R. WILSON,
general partner
-
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
, ,.The foregoing acknowledged before me
__ .'", "tbi(> <;/p<,M../day of " 1987, by WILLIAM STIRLING as
~~~. May~;,and KATHRYN KOCH, s C~ty Clerk of THE CITY OF ASPEN,
{;:( ~ nLa.?}:oto~ado municipal cor oration.
:-. f1 ..........._'$;- <<":)' 1
" !.: "G{/ B' \ C "W1TNESS my hand and official seal.
-; "'... . ' I., o'M~tornmission expires: ;1',17-'~ /
"~~" ,f' , t~
",... ,r"
),
\,:-....,
.~f1...<~
STATE OF COLORADO)
) ss.
.,\' ",. CpUNTY OF PITKIN )
.,'\ ,) .,J. 1..1. #r, ",",
,.' "',. .' -. ~', ~ ...',t.~
/j~'" :!,.. '\, \',;}hj8foregoing d"nJ~ment was acknowledged before me
':;.:. ,\(j1AR; . .t!1is '/. ilday of L!:t!!..:-/ ,1987, by THOMAS H. WILSON as
f : -0-'9--0- : g~neral partner of HO GE CAPITAL COMPANY, a California
.:. PIJn\..\~""o~mited partnership, on behalf of said partnership.
.., t C .' 1;. .....
'.# " ~"tr ....
.... ;(~,y ,./, WITNESS my hand and official seal.
'J (, (, ~~ ..,
"'.., "",I" My Cornm~ss~on exp~res:
My' Commis,ion Ex~fres Fcliruar.l19,1989 c~
APPROVED AS TO FORM:
~~
Paul A. Taqdune, City Attorney
sdia/GMP2
- 8 -
BOOK535 r"\~f.434:
EXHIBIT "A"
Legal Description of 700 East Hyman Subdivision
Lots K, L, M, and N, Block 104, Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado
- 9 -
BOOK535 r,\cl435
EXHIBIT "B"
Improvements Schedule for 700 East Hyman Subdivision
Improvement:
Date
of CoiiiPIEi"tion:
Cost
of Installation:
Install Fire Hydrant
on SW corner
9/30/87
$ 2,000.00
Install Sidewalks (surfaced 9/30/87
with exposed aggregate
and/or brick pavers), curbs
and gutters including
handicap ramp at intersection
and street furniture, including
tree grates and bicycle rack
$ 5,500.00
- 10 -
BOOK535 L"l.[436
EXHIBIT "e"
Landscape Inventory for 700 East Hyman Subdivision
Description:
Improvement Cost:
Trees and Shrubs: 9 Cleveland
Maples or equivalent species
acceptable to Parks Dept.
(minimum 3!-4" caliper); 13
clusters of Aspen, shrubs,
and bluegrass sod
$ 10,000.00
- 11 -
<
,
53' ~()--;
BOOK ~ P,\i,E ':td I
STATEMENT OF EXCEPTION
FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF SUBDIVIDING THE PROPERTY
AT 700 EAST HYMAN AVENUE, CITY OF ASPEN, COLORADO
WHEREAS, HODGE CAPITAL COMPANY, a California limited partnership
(hereinafter referred to as "Hodge") is the owner of a parcel of real
property described on Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, Hodge
subdivision process
described on Exhibit
has
for
"A";
requested
the purpose
and
an exception from the full
of subdividing the property
WHEREAS, the City Council of Aspen, Colorado, at its regular
meeting on February 23, 1987, determined that Hodge's request for such
subdivision was appropriate and granted the same, subject however, to
the conditions described hereinafter.
NOW THEREFORE, the City Council of Aspen, Colorado, does determine
that the application for exception from the full subdivision process
for the purpose of subdivision of the property described on the
attached Exhibit "A" is proper and hereby grants said subdivision,
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
1. Hodge's recording of a Subdivision Exception Plat designating
the two lots formed prior to the issuance of any building permits.
Said plat shall conform to Section 20-15 of the Municipal Code of the
City of Aspen, Colorado and contain the revised property descriptions.
2. Hodge's execution of a subdivision agreement as required by
Section 20-16 of the Municipal Code of the City of Aspen, Colorado, in
a form approved by the Aspen City Attorney.
3. Hodge agrees to participate in any future improvement
districts encompassing its property.
DATED this tr;~day of ~:Io--- ,1987.
ODGE CAPITAL COMPANY, a
California limi~artn~rshiP
By THOMAJ~SON, -;:~r:~-~~e~
CITY OF ASPEN, a municipal
corporati n
By ad:.... 7-
W LLIAM L. STIRLING, ayor
-
,
~ if'
...- - N
S - CO
:b Coo>> CO
ACKNOWLEDGMENT~N FOIOWING C1l
PAGE)
S U1
- 1 - . -...z
(Ij !S .
.."
::t
::s
~"..
(ADDITIONAL SIGNATURES AND
n
m
~~
~
BOOK 535 p~,~l43 S
AP~~:
~-~-~_1 ~ -1Ju l~ ~
PAUL J. TAD~E, City At orrley
I. KATHRYN S. KOCH, do hereby certify that the foregoing Statement
of Exception from the Full Subdivision Process for the Purpose of
Subdividing the Property at 700 East Hyman Avenue, Aspen, Colorado, was
considered and approved by the Aspen City Council and that the Mayor,
William L. Stirling, was authorized to execute the same on behalf of
the City of Aspen.
~J.4~ .
KATHRYN S KOCH~ City ClerK
STATE OF COLORADO
COUNTY OF h--rJ(/N
ss.
this ,;x/iay
partner of
on behalf of
,. . foregoing instrument was acknowledged before me
;:~., '/!-IL ,1987, by THOMAS H. WILSON as general
i:!J.li. " !;'ITAL COMPANY, a California limited partnership,
. ~'~<k l~rtnership.
\\ ' .
> ............. : ,WITNESS my hand and official
.\ PUP:\.\""<~,~'MY commission expires:
. -;1 . ,',.,' ,A,fi'c'ominission EXQireS Feliruai1lJJ. 19.89:
'\ ~ (J' ('"'/' <\,'
'J!::':II!,. ....',.
STATE OF COLORADO
ss.
COUNTY OF PITKIN
foregoing instrument was acknowledged before me this~ day
_ , 198~, by WILLIAM L. STIRLING, as Mayor, and KATHRYN
s City Clerk of the CITY OF ASPEN, a municipal corporation.
/$~\\~ C" ~WI'l;'NESS my hand and official seal.
,/.tJ..~'c ~'. ~ 'commission expires: d,'l1 q 1 /1
l~':' ,~~~ :: 4!k 'UPAh (J.
;......., PUf]\'\c' .,; Nof~y Public
~.. . T /' ' , ~
...... , "" ,_,IIt.
(J/.I..A f .vv<..../
exception/LOTSPL
- 2 -
CI)
s
~
s
:::::.;
:::!
CI)
"'-0-',
~'
BOOK535 p,\~:.439
.
P'
IE
II: COVENANT
..
en
In
In
ClO
ClO
N
,
~:J
::;':::>
~.:J
RESTRICTING LOT 2, BLOCK 104,
CITY AND TOWNSITE OF ASPEN, COLORADO
TO USE AS "EMPLOYEE HOUSING"
'.-.['"
'.
'.
-
--- ...
-it!
THIS COVENANT AND RESTRICTION affecting the use of real
property is made this ~9-d day of 0pu.J 1987, by
Hodge Capital Company, a California limited partnership (herein-
after referred to as "Owner").
RECITALS
l. Owner is the record owner of the following described
real property and any improvements which may be constructed
thereon (hereinafter referred to as the "Property") situate in
the City of Aspen, pitkin County, Colorado, to-wit: Lot 2, Block
104, City and Townsite of Aspen, Colorado.
2. The City Council of the City of Aspen on /fl'/Z/L :21,
1987, approved a growth management plan and subdivision exemption
application affecting the Property and allowing the development
of unrestricted, "free market" dwelling units thereon.
3. As a condition of growth management plan and subdivi-
sion exemption approval for the Property, the Owner is required
to provide, at this time, property and/or dwelling units capable
of housing 4.5 low income employees subject to the specific
employee housing restrictions and guidelines of the City.
4. Owner desires to comply with the employee housing
requirement by restricting the use of the Property at this time
and to reserve the right to substitute other suitable dwelling
units in the future, as more particularly set forth below.
NOW, THEREFORE, in satisfaction of the aforementioned
conditions of GMP and subdivision exemption approval, Owner
hereby covenants and agrees as follows:
l8/DD5
-l-
\',001\535 ~~\Gt440
l. The Property shall be and is hereby restricted exclu-
sively to use as rental or sale employee housing under and in
accordance with the City of Aspen and the Aspen/Pitkin county
Housing Authority Employee housing use, rental and sale guide-
lines and qualifications in effect on the date of this covenant.
2. The restrictive covenant contained herein shall be
deemed a burden upon and to run with the title to the Property,
shall be binding upon the Owner, its successors and assigns, and
upon all persons or entities having any right, title or interest
in and to the Property or any part thereof, and shall inure to
the benefit of and be specifically enforceable by the City of
Aspen or its designee by any appropriate legal action including
injunction, abatement or eviction of non-complying tenancies,
unless such covenant is released as set forth below.
3. Release of Covenant. The imposition of the restrictive
covenant contained herein, and its enforceability by the City of
Aspen, are subject to and conditioned upon the reservation by
Owner, its successors and assigns, of the absolute right to
substitute appropriately deed restricted dwelling units which are
capable of providing adequate housing for no less than 4.5 low
income employees, as that term is defined by the Aspen/Pitkin
County Housing Authority for the covenant contained herein. Such
housing shall be deemed adequate if it meets the rental or sale
guidelines for low income housing as established by the
Aspen/Pitkin County Housing Authority on the date of this
covenant. Substitution shall be accomplished by delivery to the
Aspen City Attorney of a fully executed covenant restricting the
dwelling units described therein to use as rental or sale
employee housing in the same manner as contained herein. Upon
receipt of said covenant, the City Attorney shall forthwith cause
to be prepared and executed a full and complete release of the
City's interest in the covenant contained herein, which release
shall be recorded in the records of the Clerk and Recorder of
pitkin County.
18/DD5
-2-
BOOK 535 f',',c,L 441
4. Except as provided in Paragraph 3, above, this covenant
shall not be modified, released or waived in any respect except
by written instrument executed by both the Owner, or its succes-
sors and assigns, and the City of Aspen.
5. Owner warrants that all persons or entities having any
lien, encumbrance, or interest in the property or in any of the
employee housing, deed restricted property, substituted here fore
shall have consented (or shall have been subordinated) to such
deed restrictions and that no occupancy of the project shall be
permitted without the written consent (or subordination) of any
such person, unless otherwise agreed to in writing by City.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
seal as of the day and year first above written.
OWNER:
HODGE CAPITAL COMPANY,
A California Limited Partnership
Thomas H. Wilson
General Parter
~
By:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
~ -..41~)81
6T~d~ne R
ASPEN CITY ATTORNEY
By:
l8/DD5
-3-
."
""-..f
'<..,;_.&'
BOOK 535 f,"lJ~ 442
STATE OF CALIFORNIA
COUNTY OF _~A AK \ N
ss.
Subscribed and sworn to before me by Thomas H. Wilson,
General Partner, Hodge Capital Company, as General Partner of
Hodge Capital Company, a California limited partnership this
2.~ day of April, 1987. Witness ,my hand and official seal.
My commission expires 1.-"2-17-5:1. L'. C~l' _
~ Of'FlCIALSIAL L_OAU ,~J
, SIISAI DUPUIS Notary Public. I.. '
'. .. AFlY PUBlIC-CAl.IFORNIA .
, "'":;:f:~g::!,?" IN Addte s s : 30 CO ~(1)6.8W t>#.~ _
lIT COIIlIISSIOI EXP. FED; 25,1989 . '5f\tj.<;{M.tiO) dA. ~
18/DD5
-4-
t,"
" . ~ .
.'0' ~.',.t:;~...Jot~:'~;":':',3';.,{.",.
;).737-jgd- //-OOb
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611 SOB ~/)87
(303) 925-2020 r ,,/;>
LAND USE APPLICATION FEES
City
00113
- 63721
- 63722
- 63723
- 63724
- 63725
- 63726
- 63727
- 47331
- 47332
- 47333
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
5?O/O-OO
- 63728
- 47341
- 47342
- 47343
- 47350
- 47360
- -e
REFERRAL FEES:
00125 - 63730 - 47380 ENVIRONMENTAL HEALTH
00123 - 63730 - 47380 HOUSING
00115 - 63730 - 47380 ENGINEERING J; '6000
SUB-TOTAL Cfor? 00
County
00113 - 63711 - 47431 GMP/GENERAL
- 63712 - 47432 GMP/DETAILED
- 63713 .47433 GMP/FINAL
- 63714 - 47441 SUB/GENERAL
- 63715 - 47442 SUB/DETAILED
- 63716 - 47443 SUB/FINAL
- 63717 - 47450 ALL 2-STEP APPLICATIONS
- 63718 - 47460 ALL l-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125 - 63730 - 47480 ENVIRONMENTAL HEALTH
00123 - 63730 - 47480 HOUSING
00113 - 63731 - 47480 ENVIRONMENTAL COORD.
00113 - 63732 - 47480 ENGINEERING
SUB-TOTAL
PLANNING OFFICE SALES
00113 -63061 -09000
- 63062 - 09000
- 63066 . 09000
- 63069 - 09000
:~,:unr"\i VOf)r)
-+-Or-'
Name: ; \ P Co
Address: J.5 {;
......S"a l-i
Check #
Additional Billing:
COUNTY CODE
COMPo PLAN
COpy FEES
OTHER
SUB-TOTAL ..,+.J.
TOTAL '11- 900,00
Phone: !c~ -695 R
Project: 7170 ,E. !lvmon
/,ubdivis/oh ,c/na/ P/Cl-T
Date: 3/3'/ii'7
# of Hours: r;;