HomeMy WebLinkAboutLand Use Case.40176 Hwy 82.1981-PD-2~~~ '~
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Recorded at 2:21PM September 14, 1981 Loretta Banner, 2 3 ~5fi3 ~
Recorder
:x,,.413 ~~:~_980
P.U..D. AND SUBDIVISION AGREEMENT
FOR
THE MAROLT RANCH
City of Aspen
State of Colorado
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P.U.D. ANll SUBDiVISIUN AGREEMENT
FOR
THE MAROLT RANCH
TABLE OF CONTENTS
Pace
Section I. General Development Plan 2
Section II. Construction of Improvements 3
Section III. Easements, Rights of Way, and Relocations 5
Section IV. Dedications 7
Section V. Open Space and Common Area Management,
Maintenance and Use 7
Section VI. Water Rights and Availability 14
Section VII. Sewer Availability 14
Section VIII. Employee Development - Tikle 14
Section IX. Employee Housing - Price Guidelines 16
Section X. Financial Assurances 16
Section XI. Additional Parkiny 17
Section XII. Restrictions on Short-Term Rentals 18
Section XIII. Deed Restrictions 18
Section XIV. Non-compliance and Request for Amendments or
Extensions by Owner 18
Section XV. Miscellaneous 20
Exhibit A Legal Description
Exhibit B Table of Site Data Tabulation
Cxhibit C Construction and Development Schedule
Exhibit D Improvement Responsibility Schedule
Exhibit E Improvement Completion Percentage Schedule
Exhibit F Letter from Sanitation District
Exhibit G Additional Parking Schedule
P.U.D. AND SUBDIVISION AGREEMENT
FOR
THE MAROLT RANCH
This P.U.D. and Subdivisi n Agreement is made and entered
into this _/per day of ~~~~/a~~ , 1981, by
and between THE CITY OF ASE , COLORADO, a Municipal Corporation,
(hereinafter referred to as "City"), and MAROLT ASSOCIATES, a
Colorado general partnership (hereinafter referred to as "the
Owner").
W I T N E S S E T H:
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation, the final plat and development plan of
a tract of land situate within the City of Aspen, Colorado, legal-
ly described on Exhibit "A" attached hereto and incorporated here-
in by this reference, and designated as "The Marolt Ranch Subdi-
vision" ("The Plat"); and
WHEREAS, the City has rezoned the real property covered by
the plat to R-15A/PUD/SPA; and
WHEREAS, the City has fully considered the plat, the proposed
development and improvement of the land indicated thereon, and the
burdens to be imposed upon other adjoining or neighboring proper-
ties by reason of the proposed development and improvement of the
land indicated on the plat; and
WHEREAS, the City is willing to approve, execute, and accept
for recordation the plat upon the condition that the Owner agree
to all matters contained in this Agreement, and subject. to all of
the applicable requirements, terms and conditions of the City of
Aspen PUD and subdivision regulations now in effecr_ and other
applicable laws, rules and regulations; and
WHEREAS, the City desires to impose certain conditions and
requirements in connection with its approval, execution and
recordation of the plat, as are necessary to protect, promote, and
enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide
by and faithfully perform all of the conditions and requirements
imposed by the City in approving the plat; and
WHEREAS, pursuant to Sections 20-16(c) and 24-8.6 of the
Municipal Code of the City of Aspen, the Uwner is required to pro-
vide assurances that it will faithfully perform the conditions and
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requirements hereinafter ay reed to prior to the City's acceptance
and approval of the final plat; 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 Marolt Ranch development indicated on the plat includes
the following elements:
A. Lot 1 - Shall constitute the "employee housing" or "deed
restricted" development.
B. Lot 2 - Shall constitute the "free market development°'
and shall be owned, improved, marketed and sold by the Owner or
Owner's assigns;
C. Lot 3 - This parcel, as shown on the plat, shall be
dedicated to the City for its use, subject to an existing leasing
right by the current occupant, Neil Beck;
D. Lots 4-6 - Shall be restricted for sale by the Owner to
the owners of the property adjacent to those respective lots. Any
conveyance document shall include restrictions in the nature of
covenants running with the land prohibiting any building improve-
ments on such lands and shall expressly stipulate that the adja-
cent property shall not receive a change or increase in develop-
ment rights by virture of the added acreage resulting from such
conveyance. Any documents of conveyance shall be submitted to the
City Attorney for approval as to form of the herein restriction
prior to recordation;
E. Open Space 1 - Shall be dedicated to the City as open
space in perpetuity, with specific management, maintenance and use
guidelines;
F. Open Space 2 - Constitutes the river corridor and shall
be dedicated to the City as open space in perpetuity with specific
management, maintenance and use guidelines within the context of
maintaining river corridor conservation lands;
G. Cemetery Lane R.U.W. - Constitutes a l0U' right-of-way,
designated on t_he plat as "Holden Road", to be dedicated to the
City for a potential roadway alignment between State Highway No.
82 and Castle Creek Road;
H. Main Street R.O.W. - Constitutes a 150' right of way to
be dedicated to the City for a future road alignment of a poten-
tial Main Street extension, as indicated on the plat;
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I. City Parcel - For purposes of reference, the City cur-
rently owns a parcel commonly known as the "Thomas Property",
located contiguous and immediately to t_he west of the platted
property. It is the understanding of the parties that the "Thomas
Property" shall be utilized to accomplish the following general
improvements shown on the plat documents.
a. Aliynment of Cemetery Lane at the intersection of High-
way 82, its connection to the Cemetery Lane right-of-
way, and private roadway access to Lot 2.
b. Extension of the connection of the Main Street right-of-
way.
'The Table of Site Data Tabulations annexed hereto and incor-
porated herein by reference as Exhibit "B"' provides a more speci-
fic allocation of the uses anticipated within the various parcels
indicated above.
The plat indicates the improvement of the lands by the con-
struction of two distinct developments. One shall be deed or
covenant restricted in accordance with the provisions of Section
24-11.4(b)(3) of the Municipal Code as those provisions apply to
low, moderate and middle income ho usiny, and the other shall be
improved as a "free market" development. Althouyh the land
beneath the two developments may evolve in separate ownership,
Owner expressly acknowledges and agrees that construction and
ownership of all improvements for both developments will remain
under t_he auspices of the Owner or Owner's assiyns. The "employee
ho usiny" or "deed restricted" development shall constitute 70 per-
cent of the total number of units approved on the plat, and the
free market development shall constitute 30 percent of the total
number of units approved on the plat. In view of the dual nature
of the developments, the Owner represents that the cost allocation
and proration shall follow the relationship of each development's
number of units ro the total number of units approved for develop-
ment as indicated on the Improvement Responsibility Schedule
annexed hereto and made a part hereof as Exhibit. "D".
II.
CONSTRUCTION OF IMPROVEMENTS
A. Nature and Estimated Costs of Improvements: - Owner and
its assigns shall be responsible for the construction and instal-
lation of all improvements contained within the developments as
indicated on the plat, in accordance with the requirements of Sec-
tion 20-16(a) of the Municipal Code. The nature, extent and esti-
mated cost of such improvements shall substantially conform to the
schedule entitled Improvement Responsibility Schedule annexed
hereto and made a part hereof as Exhibit "D".
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B. Construction Schedule: - In accordance with the require-
ments of Sections 20-16(c)(1) and 24-8.9(b) of the Municipal Code,
the construction of all development shall substantially conform to
the "Construction and Development Schedule" annexed hereto and
made a part hereof as Exhibit "C", which schedule includes the
dates of the beginning and completion of the improvements, the
sequence of construction and phasing, including the phasing of the
construction of public improvements, recreational, park and common
space areas.
In connection with the aforesaid "Construction and Develop-
ment Schedule" (Exhibit "C"), the Owner represents that the con-
struction of the "free market" development and the "employee hous-
ing" or "deed restricted" development will occur in a substan-
tially simultaneous manner. However, the Owner acknowledges that
any approval granted by this ayreernent is expressly conditioned
upon the requirement that a number of employee units reflective of
the 70 precept "employee housing" or "deed restricted" to 30 per-
cent "free market" mix must be qualified for a permanent certifi-
cate of occupancy before a permanent certificate of occupancy may
issue for a "free market" unit. Thus, certificates of occupancy
will only be issued for the individual "free market" units as they
come on board for completion and occupancy if there are a number
of "employee housing" or "deed restricted" units simultaneously
completed and qualified for permanent occupancy in ratio of the
70/30 percent unit mix contemplated by the Growth Management Quota
System exception set forth in Section 24-11.2(1) of the Municipal
Code, referenced herein as a condition of approval.
Nothing herein shall prevent the Owner or its successors and
assigns from construction and completion of the "employee housing"
or "deed restricted" units in advance of the "free market." units.
As a further express condition to any of the approvals con-
tained herein, that Agreement and the terms and conditions thereof
entered into by the parties, dated July 3, 1980, and recorded in
the Office of the Pitkin County Recorder at Book 391, Page '243,
are hereby incorporated herein and made a part hereof by refer-
ence.
C. Landscaping Plan: - In accordance with the require~aents
of Section 24-8.16 of t_he Municipal Code, all landscaping shall
substantially conform to the "Landscaping Plan" consisting of
three pages labeled "A", "B" and "C" annexed to the plat and
incorporated herein by reference, which plan shows the extent and
location of all plant materials and other landscape features,
flower and shrub bed definition, proposed plant material at mature
sizes and appropriate relation to scale, species and size of
existing plant material, proposed treatment of all ground surfaces
(e.y. paving, turf, gravel, etc.), location of water outlets, and
a plant material schedule with conunon and botanical names, sizes,
quantities and method of transplant. Prior to the granting of any
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permits for construction and as an express condition of approval
of the plat, the Owner shall provide to the extent not covered by
the assurances required under Article X of this Agreement a guar-
antee for no less than one hundred twenty-five percent (1258) of
the current estimated cost of the landscaping improvements as
estimated by the City Engineer to insure the installation of all
landscaping shown on the Landscaping Plan and the continued main-
tenance and replacement of the same for a period of two (2) years
after installation. The guarantee shall be in the form specified
in Section 20-16(c)(1) of the Aspen Municipal Code, and may be
withdrawn by the City as therein specified. As portions of the
landscaping improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, he shall authorize
the release of the agreed estimated cost for that portion of the
improverents except that ten percent (10~) of the estimated cost
shall be withheld until all proposed improvements are completed
and approved, and an additional twenty-five percent (25~) retained
until the improvements have been maintained in a satisfactory con-
dition for two (2) years thereafter. It is the express under-
standing of the parties that the procedure set forth in Article
XIV of this Agreement regarding non-compliance shall not be
required with respect to the enforcement and implementation of the
financial assurances set forth herein and required by Section 24-
8.16 of the Municipal Code.
III.
EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS
The plat sets forth t_he following easements, rights-of-way,
and anticipated relocations which will be necessary to cause the
improvements:
A. Main Street Right-of_Way - As indicated on the plat, the
Uwner shall and hereby dedicates to the City a 150' right-of-way
for the potential extension of Main Street as a transportation
artery and those uses set forth in Article V B.3 of this Agree-
ment. The exact_ location and legal description of such right-of-
way are as further set forth on the plat. In conjunction with
said dedication, the Owner and its successors and assigns hereby
specifically waives the right to and agrees not to protest or
enjoin the construction and placement of sidewalks and gutters
along Main Street in the event the same are contemplated or con-
structed.
B. Cemetery Lane Extension, Easements and Relocation - The
Uwner agrees to relocate the intersection of Cemetery Lane with
State Highway No. 82 to allow for Cemetery Lane's alignment with
the right-of-way indicated on the plat, and hereby dedicates to
the City (in conjunction with the City's restriction of the por-
tion of such Cemetery Lane alignment as is included within the
Thomas Property) a one hundred foot (100') right-of-way for the
proposed future extension of Cemetery Lane as indicated on the
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plat. Such Cemetery Lane alignment and extension as provided by
both the City and Owner herein shall allow for such easements as
will satisfy the title insurability and access to the subject
property over and across such realigned and extended Cemetery Lane
roadway and right-of-way (designated on the plat as "Holden
Road"). In connection herewith, the City shall grant to Owner an
easement across a portion of that property commonly known as the
"Thomas Property" for access purposes and for the purpose of the
installation and maintenance of the Highway 82 intersection with
the proposed Holden Road which will be located on the "Thomas Pro-
perty", and the installation and maintenance of that portion of a
private roadway connecting Holden Road to Lot 2, all as indicated
on the unplatted portion of the plat.
C. Gas Company Building and Gas Line Easement - The City
and Owner hereby agree to an easement for the continued existence
and maintenance of the Gas Company building and qas line currently
indicated on the plat.
u. Cross Ease,nents - City and the Owner hereby specifically
agree to provide all necessary cross easements indicated on the
plat and such other cross easements as may be ~autually ay reed in
writing between the Owner and the City for the purpose of afford-
ing necessary access to and from the public highways to the
respective parcels.
E. Ditch Relocations and Ponding - The City hereby approves
the relocation and pondiny of the water as indicated on the plat.
In connection therewith, the Owner and its successors and assigns
expressly recognizes the existing rights-of-way for ditches and
the right of the City to go onto and maintain the same, as well as
the right of the City to direct water into the ditches and pond
water for subsequent use on the golf course, principally through
Y.emporary detention of the direct flow of water. Following such
temporary interruption or maintenance activity, the City shall
cause any disturbed property, improvements or landscaping to be
returned to its original state prior to such temporary interrup-
tion or maintenance activity.
F. Utilities and Drainage - The City acid Owner agree to the
easements for the relocation, installation and maintenance of
utilities and the establishment and maintenance of drainage speci-
fically set forth on the utility sheets, the utility relocation
sheets, and the drainage sheets which are appended to the plat.
G. Miscellaneous - Ail easements, rights of way and reloca-
tions indicated on the plat but not specifically referenced here-
inabove are Hereby established, authorized and approved by the
City and agreed to by the Owner.
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H. Reservation of Rights Regarding Easements and Restric-
tions on the "Thomas Property" - Notwithstanding anything herein-
above to the contrary, any and all easements to be granted to
Owner by the City shall be subject to any and all existing ease-
ments and restrictions of record and such easements and restric-
tions indicated in the deed conveying the "Thomas Property" to the
City, dated December 19, 1972, recorded in the Office of the Pit-
kin County Clerk and Recorder at Book 270 and Page 221. The Owner
and its successors and assigns hereby agree to defend, hold harm-
less and indemnify the City from any and all suits and claims
arising out of Owner's use of the "Thomas Property" as set forth
in this Agreement to the extent that such use conflicts with or
encroaches upon the rights of those who are not parties to this
Agreement. The City will cooperate with the Owner to the extent
of read~ustiny any easements granted to Owner which conflict with
existing easements and restrictions on the "Thomas Property".
IV.
DEDICATIONS
In accordance with Section 20-18 of the Municipal Code, the
following dedications and/or exemptions apply:
A. Exemption
housing development
fide moderate income
City hereby agree to
tion of the Park and
the Municipal Code.
- The "employee housing" or "deed restricted"
contained within Lot 1 shall constitute a bona
housing development, and the Owner and the
the exemption of the same from the applica-
Recreation requirements of Section 20-18 of
B. Park Dedication Fee - The City recognizes that Owner has
agreed to dedicate to the City for open space purposes those par-
cels designated on the plat as Open Space 1 and Open Space 2.
With respect to that land to be used for "free market" development
(Lot 2) the City recognizes that the Owner is dedicating a sub-
stantial portion of such land for open space and recreational pur-
poses. In consideration thereof, the City Council elects, pursu-
ant to Section 20-18 of the Municipal Code, that a cash payment in
lieu of land dedication be made by Uwner on the basis of approxi-
mately twenty-two percent (22~) of the land contained in Lot 2,
which cash payment is determined to be One Hundred Twenty-nine
Thousand Five Hundred Eighty Dollars ($129,580.00).
Owner agrees to pay such park dedication fee via the execu-
tion of a promissory note in favor of the City at the time of
issuance of a building permit, which note shall bear interest at
the rate of twelve percent (128) per annum, and shall be due, on a
pro rata basis, upon the issuance of a certificate of occupany on
each respective free market unit.
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V.
OPEN SPACE AND COMMON AREA
MANAGEMENT, MAINTENANCE AND USE
A. General - It is the intent of this article to address
respective responsibilities, limitations, covenants, and mutual
agreements with respect to the management, maintenance and use of
the open space, rights of way, and common area parcels indicated
on the plat.
B. Open Space and Right of Way Use Limitations - With
respect to the open space and right of way parcels, the Owner's
dedication thereof to the City is expressly conditioned upon and
made subject to certain specified use limitations, as follows:
1. Open Space 1 Category: Those parcels designated on
the plat as "Open Space 1"shall be expressly limited to open
space designation that requires said parcels to retain their
natural growth and vegetation, with no recreational or other
active use allowed which would interfere with or cause damage to
ttie natural growth and vegetation contained thereon. It is t_he
intent of this limitation that no disruption of the natural growth
and vegetation contained within said parcels shall be allowed, and
that they shall be retained in their natural state, with no im-
provements, activity, or other action taken by the City or its
designee that would allow for any interuption of such natural
state, with the sole exception of any necessary easements for the
installation, maintenance, repair, and replacement of trails with-
in the planned trail system, underground utilities, telephone or
other such underground servicing improvements as may be necessary
to complete the improvements indicated on the plat and in this
Agreement, and such other uses as may be spec ificaily approved in
writing by the Owners of Lots 1 and 2.
2. Open Space 2 Category: Those parcels designated on
the plat as "Open Space 2" shall be limited in use to the extent
necessary to retain their natural state as a river corridor, with
no uses, improvements, activity or other action allowed which will
cause any interruption or interference with such natural river
corridor state which currently exists; provided, however, that the
City shall be allowed limited clearing and improvement within this
Open Space 2 category sufficient to allow for the installation,
maintenance, repair and replacement of any minimal trails and
trail easements necessary and anticipated to allow for the connec-
tion of the trail system anticipated by the plat and, provided,
further, that there shall be allowed such easements for the
installation, maintenance, repair and replacement of the under-
ground service facilities and systems necessary to cause the com-
pletion of the improvements and developments indicated on the plat
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and in this Agreement, and such other uses as may be specifically
approved in writing by the Owners of Lots 1 and 2.
3. Main Street Right of Way: The "idain Street R.O.W."
indicated on the plat shall be reserved for use as an extension of
Main Street as a transportation corridor, in the event such corri-
dor is actually constructed, along with any necessary lighting,
signage, easements, paving, sidewalk, curb and gutter landscaping,
and all other improvements attendant ro a transportation artery.
Until the Main Street extension is actually constructed, the "Main
Street R.O.W." shall be preserved and its use limited by the pro-
visions of sub-subparagraph 1 and sub-subparagraph 2 hereinabove,
and those portions of such parcel which would have been contained
within the cateyory indicated as Open Space 1 being limited by the
uses anticipated for such category, and that portion which would
have been contained within Open Space 2 being limited by the uses
anticipated for such cateyory.
4. Cemetery Lane k.O.W.: The "Cemetery Lane R.O.W."
(indicated on the plat as Bolden Road) shall be limited in use
solely to improvements in the nature of extending Cemetery Lane
from its intersection with State Highway 82 through and including
its connection with Castle Creek Road, along with any necessary
lighting, signage, easements, paving, sidewalk, curb and gutter
landscaping, and all other improvements attendant to a transporta-
tion artery to allow for the roadway extension's compliance with
necessary state, county and municipal codes, as well as compliance
with the provisions of the plat and this Agreement. Until such
tune as the Cemetery Lane extension is constructed, the land con-
tained within the "Cemetery Lane R.O.W." parcel shall be limited
in use to those uses indicated under the Open Space 1 cateyory
hereinabove defined with the exception of the interim roadway
improvements for Holden Road indicated on the plat.
5. Lot 3 Use Limitations: Lot 3 shall be dedicated to
the City for its use, subject to a leasing right by the current
occupant of the same, Neil Beck. For purposes of this Agreement,
such leasing right in Neil Beck shall and hereby does require the
City to grant to Neil Beck a right of first refusal to lease the
property from the City for purposes previously and currenT.ly util-
ized by Neil Beck, in the event the City pursues a leasing or
rental of the property to outside users for other than City pur-
poses. The terms and conditions of such lease shall be no less
favorable than that offered by the City at the time of such leas-
ing/rental. The City further recognizes Neil Beck's current pos-
session of the property. and shall allow Mr. Beck's continued pos-
session of the same pursuant to mutually agreeable terms and con-
ditions. In the event the City desires to take the land out of
the lease/rental marketplace and utilize the same for City pur-
poses, Mr. Beck shall be entitled to ninety (90) days' prior writ-
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ten notice of such election by the City in which to vacate the
premises.
6. Lots 1 and 2: With respect to the parcels desig-
nated on the plat as Lots 1 and 2, respectively, the uses thereon
shall be limited to those uses allowed under the particular zone
category as applicable, the plat, and this Agreement.
7. Default/Remedies: In the event the City, following
the dedication and reservations indicated on the plat and this
Agreement, shall as a result of matters within its control breach
any of the above-referenced use limitations as to any specific
parcel, the Owner or the Owner's successors or assigns, shall have
the right upon thirty (30) days' notice to the City providing the
City with an opportunity to remedy the same within such period, to
cause an abatement of such breach by any legal process allowable,
including injunctive relief. In the event such abatement is un-
practical or impossible and the City does not cure the breach
within thirty (30) days or the tine period set forth in the
notice, whichever is greater, the Owner or its successors or
assigns shall be entitled to reenter the property, and evict the
City or its designee from occupation or possession thereof, and
receive a reconveyance of title to such parcel upon which the
breach of use has occurred along with the water rights previously
conveyed by Owner therewith. In such event, such reconveyance
will be subject t_o the use restrictions set forth in this Agree-
ment, unless the City and the Owner or its successors or assigns
agree otherwise in writing.
C. Management - The management of the properties shall be
as follows:
1. Open Space and Rights of Way: With respect to
those parcels designated on the plat as Open Space 1, Open Space
2, Main Street R.O.W., Cemetery Lane R.O.W. and Lot 3, the manage-
ment and supervision thereof shall be the responsibility and cost
of the City pursuant to the terms of this Agreement.
2. Lot 1: As indicated on the plat, Lot 1 will be
improved by the construction of seventy (70) "employee housing" or
"deed restricted" dwelling units. Although documents may be filed
against Lot 1 submitting said parcel to either the provisions of
the Colorado Condominium Ownership Act or to a cooperative form of
ownership, it is currently anticipated that the units contained
within Lot 1 will be operated initially as "deed restricted" ren-
tal units. Such units may be converted to "deed restricted" "for
sale" ownership units at such time as the market dictates and the
City, in its sole discretion, agrees in writing. During the time
the units are operated as rental units, the condominium associa-
tion and condominium declaration or cooperative housing incorpora-
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tion shall remain under the control and direction of the Owner or
the Owner's successor or assigns. The Owner shall cause the
management of the units pursuant to a professional property
management contract. Such management contract shall provide for
the management of the units consistent with first class property
management policies, including such leases, rules, regulations,
fine systems, parking requirements, and other policies and pro-
cedures which will enhance the livability and quality of such
residential living environments. Such management contract shall
also provide for the proper management and supervision of the
common facilities, including the proper and ongoing maintenance
thereof, and necessary budgets and reserves shall be allocated to
provide for proper deferred maintenance and reserves for replace-
ments as necessary to maintain a quality living environment. In
the event the units are converted to "for sale" ownership status,
as approved by the City, the properly formed and activated condo-
miniwn association or cooperative association will assume manage-
ment responsibility.
3. Lot l: Lot 2 shall be improved by the construction of
thirty (30) "free market" dwelling units, which "free market"
development has been approved by the City for condominiumization
and shall be governed by the provisions of the Colorado Condo-
minium Ownership Act and the applicable provisions of the Aspen
Municipal Code. Pursuant thereto, a condominiun association will
be formed by the filing of the necessary articles of incorpora-
tion, and the establishment of bylaws, condominium declarations,
association budget and association rules and regulations suffi-
cient to meet the provisions of the Colorado statutes and Y.he
Aspen Municipal Code applicable thereto, and to cause the adequate
management and maintenance of all common facilities included
within Lot 2 in the ;nanner to reflect a first-class residential
living community.
ll. Maintenance - With respect to the maintenance of the
various parcels indicated on the plat, the following shall apply:
1. Permanent Care and Maintenance of Open Spaces 1 and
2: The permanent care and maintenance of those parcels designated
as Open Space 1 and Open Space 2 shall be borne by the City, con-
sistent with the use limitations and management provisions else-
where contained in this Agreement, including the maintenance of
the irrigated meadowlands contained within those parcels desig-
nated as Open Space 1 in a manner consistent with its current
maintenance.
2. Permanent Care and Maintenance of Main Street
R.O.W.: The permanent care and maintenance of the Main Street
R.O.W. shall be borne by the City, consistent with the use limita-
tions and management provisions contained in this Agreement.
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3 Permanent Care and Maintenance of Cemetery Lane
R.U.W.: The permanent care and maintenance of the Cemetery Lane
R.O.W. (designated on the plat as "Holden Road") shall be subject
to the following.
a. Interim Roadway Improvements: Those portions
of the Cemetery Lane R.O.W. to be improved at the cost of the
Owrrer pursuant to the plat and Exhibit "D" (i.e. Hoiden Road),
shall be maintained pursuant to a maintenance sharing agreement
between the management entity for Lot 1 and the management entity
for Lot 2, with the responsibility for implementation of the plan
borne oy the management entity for Lot 2. The maintenance sharing
agreement shall provide for a sharing of the cost between the own-
ership of Lot 1 and the ownership of Lot 2 that reflects 70$ allo-
cation to Lot 1 and 30$ allocation to Lot 2 of such costs or such
other allocation formula that is mutually agreed to between the
respective owners which is reflective of an equitable sharing of
such costs, and the assessments therefor shall be reflected in the
respective condominium declarations or other governing documents
for Lot 1 and Lot 2 as additional assessments subject to appropri-
ate liens as provided by statute. Such maintenance sharing agree-
rnent shall include the repair and replacement of the paving and
other improvements to be constructed by Owner as indicated, snow
removal, landscaping maintenance, and other related costs
expenses and tas:cs connected with the ongoing care and maintenance
of said improved roadway and related facilities.
b. Remainder of Parcel and Permanent Roadway:
The Cemetery Lane R.O.W. not included within the interim roadway
area above-referenced, and the full Cemetery Lane R.O.W. (in the
event of the full extension of the Cemetery Lane Roadway so as to
connect to Castle Creek Road) shall be maintained by the City, at
its own cost, subject to the use limitations and management provi-
sions contained in this Agreement.
4. Lot 1: In fulfilling its responsibilities for the
permanent care and maintenance of all recreational areas, common
parking, common facilities, and private interior streets within
Lot 1, it is the intent of the Owner during the period that units
are operated as a rental development to enter into air agreement
with a property management company. Such agreement shall allow
for sufficient funds and budget categories to provide snow removal
services, building and grounds maintenance, and other maintenance
services normally provided by professional management companies to
allow for the proper care, deferred maintenance, repair and re-
placement of the facilities. During the time that the units are
operated as a rental development there shall be no surcharge on
the tenants, in addition to rental payments, for such care and
maintenance.
12
<,
s
~;0~413 ~;~~994
In the event rhat the units contained within Lot 1
are coverted to "for sale" ownership, as approved by the City in
writing, the permanent care and maintenance thereof shall be pro-
vided pursuant to a plan that requires a condominium or coopera-
tive association to establist[ a budget and pursue maintenance pur-
suant to proper covenants and assess[nent provisions contained
within the condominium declaration or other governing documents
allowing for same. The covenants and provisions shall be con-
tained within the condominium declaration or other governing docu-
ments originally filed against the property at inception, although
not necessary to be incurred until such time as the units are
actually converted to separate ownership. The plan shall include
the appropriate filing of the necessary docmnents pursuant to the
applicable ordinances of the City and state statutes, including
the articles of incorporation and bylaws for the condominium or
cooperative association, and condominium declaration and other
appropriate governing documents, which documents shall meet at
least the following requirements:
a. The condominium or cooperative association must be
established before any of the units contained within Lot 1 are
transferred to separate ownership,
b. Membership in the condominium or cooperative asso-
ciation will be mandatory for each unit or stock owner, pursuant
to the applicable provisions of the Aspen Municipal Code and the
Colorado Condominium Uwnership Act or cooperative housing stat-
utes;
c. Any open space restrictions contained within Lot. 1
must and will be permanent and not for a period of years (subject
to long term ground lease, if any),
d. The condominium or cooperative association shall be
responsible for a blanket liability and hazard insurance policy
with respect to the common areas as well as [naintenance of recrea-
tional and other facilities;
e. The condominium or cooperative association shall
have the power to levy assessments which will become a lien or
stock restriction on individual units or stock certificates for
the purpose of paying the cost of operating and maintaining of
recreational and other facilities;
f. The board of managers for the condominium or co-
operative association shall consist of at least five (5) me[nbers
who shall be owners of units within Lot 1.
5. Lot 2: The permanent care and maintenance of the corn-
rnonly owned facilities, including recreational facilities, parking
and any private streets contained within Lot 2 has been approved
13
~~~~ 413 ~~.~~99'~
by the City for condominiumization and shall be pursuant to a pro-
perty management agreement entered into between the condominium
association and either a professional property management company
or employment contracts with personnel of the condominium associ-
ation. As indicated, Lot 2 has been approved by the City for con-
dominiumization and shall be governed by the applicable provisions
of the Aspen Municipal Code and the Colorado Condominium Ownership
Act including the filing of a condominium declaration and condo-
minium map, as appropriate, along with the filing of articles of
incorporation for the condominium association, bylaws for the con-
dominium association, establishment of a condominium association
budget for maintenance and operations, and the initiation of rules
and regulations with respect thereto. The documents to be pro-
vided with such condominium establishment shall meet at least the
following requirements.
a. The condominium associations will be estab-
lished before any of the individual units are sold within Lot 2;
b. Membership in the condominium association will
be mandatory for each unit owner,
c.
space restrictiorr
period of years;
a.
Bible for blanket
elements, as well
under;
Any common facility, common area, or open
will be permanent in nature and not for a
The condominium association will be respon-
liability and hazard insurance upon the common
as the maintenance of all conunon elements there-
e. The condominium association shall have the
power to levy assessments which will become a lien on individual
units for the purpose of paying the cost of operating and main-
taining common elements and facilities;
f. The board of managers of such condominium
association shall consist of at least five (5) members who shall
be owners of units within the condominium development.
VI.
WATER RIGHTS AND AVAILABILITY
Owner warrants that certain water rights accrue to the pro-
perty which is the subject of the plat, which rights have been
adjudicated and are titled in the owner. The Owner hereby dedi-
cates to the City the necessary water rights attendant and accru-
ing to those properties dedicated to the City for the purpose of
irrigating and maintaining those parcels dedicated to the City
which are calculaT.ed to be .5 c.f.s.
14
~:run~~.3 ~,.::~~i#
VII.
SEWER AVAILABILITY
Sewer lines shall be installed consistent with the utility
sheets, the utility relocation sheets and the drainage sheets
appended to the plat, and tine costs of such installation shall be
those estimated amounts set forth on Exhibit "D" attached hereto.
`Phe City agrees, upon approval of this Agreement and the plat by
the Metropolitan Sanitation District that sewer services are fully
available for the development anticipated on the plat, and that
ttie estimated cost for sewer taps and related fees connected with
the installation and hook-up of such sewer services are estimated
to be the s wn of $86,453.00 as further referenced in that letter
from the Sanitation District annexed hereto and made a part hereof
as Exhibit "H". The availability of such sewer services shall be
provided by the Sanitation District in a manner that conforms to
the estimated construction and development schedule as set forth
on Exhibit "C" annexed hereto.
VIII.
EMPLOYEE DEVELOPMENT - TITLE
The land contained within Lot 1 has been approved by the City
for development of seventy (70) "employee housing" or "deed
restricted" dwelling units subject to the rental/sale price guide-
lines established by the City as referenced in Article IX of this
Agreement. As a cooperative effort on the part of the City to
assist the Owner in organizing and issuing such industrial devel-
opment bonds as the Owner deems necessary or appropriate to facil-
itate financing of the improvements contained within Lot 1 for
purposes of sale or rental of the individual units the City
agrees that it will accept title to the property designated on the
plat as Lot 1 upon conveyance by the Owner and lease back the same
in accordance with the lease-back provisions set forth herein-
after, provided that the City shall incur no liability with
respect to such industrial development bond program nor shall
incur any direct or indirect liability for tY~e maintenance or
other costs relaT.ed to said parcel.
Additionally, as a cooperative effort, Y.he City will also
accept title to Lot 1 upon conveyance by the Owner and lease-back
the same in accordance with the lease-back provisions set forth
hereinafter for the purpose of deferral of real property taxes to
the extent allowable by law, provided the following conditions are
met:
1. The City will incur no liability with respect to such
industrial development bond program nor shall incur any direct or
indirect liability for the maintenance or other costs related to
said parcel.
15
2. The City will hold title only during such time as the
units are operated as a rental development.
Any deeds to the City shall occur prior to or simultaneously
with the commencement of construction of the improvements upon the
lands contained within Lot 1, and will be accompanied by a simul-
taneous lease-back of the lands from the City to the Owner or its
assigns. The terms and conditions of such lease shall include the
following terms and conditions:
1. The Owner and its succesors or assigns shall be
required to cause the full maintenance and upkeep of the lands and
any improvements constructed thereon by the Owner or its assigns.
2. The Owner and its successors or assigns shall agree
to indemnify the City against any costs and/or liability connected
with the ongoing use and operation of said lands and any improve-
ments thereon.
3. The terms of such lease-back shall be triple net in
nature to further reflect that all costs of the property shall be
borne by the Owner and its succesors or assigns as lessee.
4. The terms of such lease-back shall be as mutually
agreed to between the City and the Owner and its successors or
assigns, but in no event, shall be less than the ay reed to useful
life of the improvements to be constructed upon said land, so long
as the Owner complies with the express conditions above under
which the City will accept title to said lands.
5. The rental consideration to be paid to the City by
the Owner or its successors and assigns shall be in the sum of One
Dollar ($1.00) per year. The terms of the lease-back will allow
r.he construction of the improvements anticipated on the plat for
said parcel, leasehold financing of the improvements to be con-
structed, and the cooperation of the City in the execution of suctr
documents and/or instruments and the doing of such acts as may be
necessary to achieve the purposes of this Agreement in the
improvement of the lands by the development and operation of
"employee housing" or "deed restricted°' dwelling units.
IX.
EMPLOYEE HOUSING - PRICE GUIDELINES
The "employee housing" or "deed restricted" dwelling units to
be constructed within the lands labeled as Lot 1 shall be subject
to a maximum rental rate for such units, upon completion, reflect-
ing no greater than Seventy Cents ($.70) per square foot, or in
the event of the sale of individual units, no greater sales price
than Seventy-six llollars ($76.00) per square foot. In the event
16
.., w
~~~~~ 4i3 ~- ~~~99~
r_hat a unit shall not be completed in a manner to allow for the
issuance of a certificate of occupancy by December 31, 1982,
despite good faith diligence on the part of the Owner or its
assigns in pursuing the construction schedule annexed hereto, then
the rental/price restrictions applicable to said unit shall be
adjusY.ed to reflect the greater of the above-referenced rental/
price figures or the "moderate income" guidelines figures for
rental/sale, as approved for and in effect at the time of issuance
of such certificates of occupancy as such figures are established
by the City of Aspen.
The rental/price guidelines applicable to any unit shall be
subject to an annual adjustment equaling the greater of eight per-
cent (8~) per annum, or the allowable annual ad3ust,nent approved
by the City of Aspen as to such restricted units from year to
year, coiiimenciny witki the first year following the issuance of the
certificate of occupancy for the appropriately restricted unit.
X.
FINANCIAL ASSORANCES
Pursuant to Section 20-16(c) of the Municipal Code and prior
to the issuance of any permits for construction, Owner shall pro-
vide a guarantee for no less than one hundred percent (100) of
the estimated costs, as further set forth and allocated under
Exhibit "D" attached hereto totalling One Million Fifty Thousand
llollars ($1,OSO,OOO.OU) as approved by the City Engineer. The
guaranty to be provided by Owner shall be in the form of cash
escrow with the City or a bank or savings and loan association; or
shall be in the form of an irrevocable sight draft or letter of
commitment from a financially responsible lender; and such guar-
anty shall give the City the unconditional right, upon default by
the Owner, or its successor or assigns, to withdraw funds upon
demand r_o partially or fully complete and/or pay for any improve-
ments or pay any outstanding bills for work done thereon by any
party. As portions of the improvement required are completed, the
City Engineer shall inspect them, and upon approval and accep-
tance, he shall authorize the release of the agreed estimated cost
for that portion of the improvements; provided, however, that ten
percent (10$) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
Engineer. For purposes of clarity, the percentage attributable to
the estimated costs that are applicable to each stage of comple-
tion are as further set forth on Exhibit "E", entitled "Improve-
ment completion Percentage Schedule", which schedule shall be
binding upon the City and Owner with respect to amounts to be
released upon the City Engineer's approval of the respective cony
pletion stage. To the extent portions of such completion stages
as set forth in Exhibit "E" are determinable to be approved sever-
ally by the City Engineer, an equitable allocation of funds to be
,~
~0~413 ~~,~~_9~~
released shall be applied as and when such partial completions
occur.
The Owner, its successors or assigns, hereby agrees to fur-
ther provide unto the City a warranty as to all improvements for a
period of one (1) year froiu and after acceptance by the City of
such improvements.
The Owner shall further guarantee by a maintenance bond or
other suitable means, the repair of any existing improvements
damaged during the course of construction of new improvements
pursuant to the provisions hereof.
It is the express understanding of the parties that the pro-
cedure set forth in Article XIV of this Agreement shall not be
required with respect to the enforcement and implementation of
financial assurances and guarantees to be provided by Owner as set
forth above and required by Section 20-16(c) of the Municipal
Code.
XI.
AllllITIONAL PARKING
In consideration of the City's willingness to accept two ('l)
parking spaces per unit as approved parking allowances within the
free market development to be located on Lot 2, Owner, for itself
and its assigns, hereby specifically agrees to provide additional
parking allowances up to a maximum of one parking space per bed-
room at such time as City shall require same as a result of City's
determination that such additional parking is necessary to meet
the ongoing use attributed to the Lot 2 units. In the event such
additional parking is deemed necessary, provisions for the loca-
tion of same have been made as shown under Schedule "G" entitled
"Additional Parking Schedule". In the event the City determines
that such additional parking, or any portion thereof, is neces-
sitated by the ongoing use of the Lot 2 units, such additional
parking spaces shall be provided within a period of one (1) year
from and after notice of such requirement to the Owner or its
successors or assigns from the City, such notice to include the
City's determination of the need, and proper resolution promul-
gated by the City with respect to such requirement.
XII.
RESTttICTIONS ON SHORT-TERM RENTALS
Owner agrees that all units constructed and contained within
Lot 1, regardless of their form of ownership or use, shall be
restricted with respect to short-term rentals to six (6) month
minimwn leases with no more than two (2) shorter tenancies per
year.
18
.~.
A~~r.414 ~~,~~: 01
XIII.
DEED RESTRICTIONS
The units to be construcred within Lot. 1 shall be subject to
certain "deed restrictions" that are intended to restrict the
rental/sale of said units to fall within the moderate income
pricing guidelines as further referenced herein. The nature,
extent and particulars of such deed restriction language shall be
regiured to be placed against Lot 1, or the respectively resulting
units, prior to the issuance of building permits in a manner that
binds said lands contained within Lot 1 in accordance with the
current requirements of Section 24-11.4(b)(3) of the Municipal
Code.
XIV.
NUN-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER
In the event that the City Council determines that the Owner
or its successors or assigns is not acting in substantial compli-
ance with the terms of this Agreement, the City Council may issue
and serve upon the Owner or its successors or assigns a written
order specifying the alleged non-compliance and requiring the
Owner or its successors or assigns to cease and desist from such
non-compliance and rectify the same within such reasonable time as
the City Council may determine. Within twenty (20) days of the
receipt of such order, the Owner or its successors or assigns may
file with the City Council either a notice advising the City Coun-
cil that it. is in compliance or a written petition requesting a
hearing to determine any one or both of the following matters:
(i) Whether the alleged non-compliance exists or did
exist, or
(ii) Whether a variance, extension of time or amendment
to this Agreement should be granted with respect to any such non-
corz~pliance which is determined to exist.
Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally
established by the City Council for other hearings. If the City
Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
orders as may be appropriate; provided, however, no order termin-
ating any approval granted herein shall be granted without a find-
ing of the City Council that substantial evidence warrants such
action and affording the Owner and its successors or assigns a
reasonable time to remedy such non-compliance. A final determina-
tion of non-compliance which iias not been remedied or for which no
19
~~~~,414 ~~~~~
Q
variance has been granted shall, at the option of the City Coun-
cil, and upon written notice to the Owner or its successors or
assigns, terminate any of the approval contained herein.
In addition to the foregoing, the Owner or its successors or
assigns may, on its own initiative, petition the City Council for
an amendment to this Agreement and the exhibits annexed hereto or
to extend any of the time periods required for performance. With
respect to the Construction Schedule (Exhibit "C") and the
Improvement Responsibility Schedule (Exhibit "D") the Owner has
made various assumptions, including the following:
1. Final approval of the plat and related documenta-
tion prior to July 1, 1981.
2. Negotiation, arrangement and completion of pre-con-
struction activity by Owner or Owner's assigns, including bidding,
contractor selection and contractor mobilization prior to the pro-
~ected starting date of August 1, 1981.
3. Ratification of the estimated construction and
development schedule by the selected contractors.
4. Immediate availability of the required labor forces
and construction materials at all necessary ptrases throughout the
project.
5. tdo interruption in the construction operations
through the 1982/1983 winter months by acts of God or other mat-
ters beyond the control of the Owner or its successors or assigns.
6. Pre-marketing activity with respect to the free
market units at a rate which would justify the construction
schedule indicated, without the necessity of constructing and
completing units on specification.
The City Council shall not unreasonably refuse to extend the
time periods for performance indicated in the construction
schedule (Exhibit "C") or allow reasonable adjustments to the
Improvement Responsibility Schedule (Exhibit "v") if Owner demon-
strates by a preponderance of the evidence that the reasons for
said extension or said adjustments are beyond the control of the
Owner or its successors or assigns, despite good faith efforts on
their part to accomplish the same.
20
^a
r
~~~,,414 P:,~~ 0~
XV.
MISCELLANEOUS
A. The provisions hereof shall be binding upon and inure to
the benefit of the Owner and City and their respective successors
and assigns.
B. This agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Munici-
pal Code of the City of Aspen.
C. If any of the provisions of this Agreement or any para-
graph, sentence, clause, phrase, word, or section or the applica-
tion 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. `Phis P.U.L. and Subdivision Agreement contains the
entire understanding between the parties herein with respect to
the transactions contemplated hereunder and ,nay 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 contract
are for convenience purposes only, and shall not be deemed deter-
minative of the substance contained herein.
F. Notices to be given to the parties to this Agreement are
considered to be given if personally 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 South Galena Street
Aspen, Colorado 81611
OWNER or its Successors and Assigns.
Marolt Associates
c/o James M. Mulligan, Esq.
1350 Seventeenth Street, Suite 360
Denver, Colorado 80202
IN WITNESS WHEREOF, the parties hereto have hereunto executed
their hands and seals on the dates and year respectively indi-
cated, in full understanding and agreement to the terms and condi-
tions herein contained.
21
~;ot,414 ~~~~ 04
CITY OF ASPEN,
A Colorado Municipal Corporation
By
Hefhfan Ed el; Mayor
~~Tss~
~~ ~ ~:
t.~ _~ R
~'
-•iCathryn S. och, City Clerk
AI°~fDp~L~. AS TO FORM:
~ ~
Paul J. Taddu e
City Attorney
STATE OF COLORADO
County of Pitkin
ss.
The above and foreyoiny P.U.D. and Subdivision Agreement
between the City of Aspen, Colorado, a Municipal Corporation and
Marolt Associates. a Colorado yene~.al partner hi wa subscribed
and sworn to before me this day of
19k31 by Herman Edel, Mayor, and Kathryn S. Kos , City Cler of
the City of Aspen, a Municipal Corporation.
W17;Nk:SS MY HAND AND OFFICIgA ~/SEj1L.
My cortwssion expires: oJp1V ~~
~,. , ~ ,: c. C?~
'~~~
~= ` ota y ublic
.~k t%;
.~'i-, MAROLT ASSOCIATES,
`~`~.'~'~ A Colorado General Partnership
~.
ra; ~//
Partner
2"L
-,.
~00~ 4.14 ~ air 05
~~~~~~
Par~~7l z
STATE OF CO O DO )
f~~~.~)) ss .
County o )
The above and foreyoiny P.U.D. and Subdivision Agreement
between the City of Aspen, Colorado, a Municipal Corporation and
Marolt Associates, a Colorado ye~ral part •hip was//subscribed
and sworn to bef re me t is .T~- d of ,y ,
19 8 a ~ , d,
" and ~,,,lL/
to s of Marolt Associates, A Co orado neral ri:ge ~.p ,,~
WITNESS MY RAND AND UFFI L SEA ;~.,
My commission expires: p--~~ /L /9~ i ~
t,
~ ~ ~ ~~,
? ~_
Notary Public !~ j„ •,
BUCHANAN, THOMAS ArlD JOHNSON
PROFESSIONAL COf:PORATION
12499 WEST COLFAX AVE., SJITE A
LAKEWOUD, COLORADO 80215
l3
Pa the
EXt{IEiIT A
°~G! 414 r:1: O'J
L=GaL OESCRIPTI0.1
A tract of land situated in Lots 9, 10, 13, S!! 1/4 S!•! 1/4 Sec. 12, T10S,
1?351J, 6tfi P.h1. and Lot 5 and tttf 1/4 tiW 1/4 Sec. 13, TIOS, R35tJ, 6th P.tt.
described as follows:
Beginning at a point, in the center line of Castle Creek (the SW cor.
Lot 2 Adams Subdivision), '
thence.t114°40'E 149.97 ft. to corner =13 Holden Tract,
thence :`!14°35'11 172.00 ft. to corner X14 Holden Tract,
thence 1137°50'41 314:.72 ft. to corner ~1 Holden Tract, being identical
with corner >4 tlorth Teras t4i11 Site t•1S .,-3288,
thence IJ54°45'P1 84.00 ft. to the center line of Castle Creek,
thence 1126°00'41 94.00 ft. along the center line of Castle Creek,
thence tJ78'10'E 294.00 ft. along the centeY line of Castle Creek, -
thence ti20°05'E 115.40 ft. alone the center line of Castle Creek,
to the South Right-of-:•fay line of Colorado fiigh~:ay tlo. 82,
~. ~ thence ii76°03'!1 360.26 ft. along the South Right-of-Slay line of Colo-
rado highway Lo. 82,
thence 63.52 ft. along the arc of a curve to the left (radius of 90.00
,'t. chord bears i177°C3'38"61 63.51 ft. ).,
thence S10°Si':i 90.71 ft., .
thence•S21°d7'ti1282.37 ft.,
thence S25°23'61 715.33 ft. to a point being 1794.GII ft. 541°52'15" E,
fron ih= 1954 3rass Cap marking the ld 1/4 corner of Sec. 12,
thence S18°14'tJ 1107.77 ft. to the PJorth light-of-Way line of Castle ,
Creek Road, .
tt:ence S40°00'E 114.98~ft. along ttre north Right-of-blay line of .
Castle Creek F.oad,
thence S53°34'E 124.G1 ft. along the tlorth Right-of-5fay line of Castle
Creek Road, .
thence IJ81°5G'E 254.45 ft.,
• ~ thence S06°<12' c •308.07 ft. ,
', _r
thence 1190°00'41 9.11 ft..
thence.S33°00'E 61.G5 ft.,
thence 1163°35'E ?.80.15 ft. to line 1-2Short Li, re 11S '~~i610,
~L~t,4i4 ~,,~,; 07
thence t116°00't•I 44.62 ft. along line 1-2 to corner ilo.. 1 Short
Lime MS X4610, •
thence 1114°00'E 236.35 fL. along line 1-4 of Short Lime t•i5s4610,
thence 1190°00'E! 74.04 ft.,
thence i119°12'E 117.35 ft.,
thence 1142°30'W 329.04 ft.,
thence :102°43'11 221.35 ft.,
thence 1116°•14' E 139.78 ft. , .
thence S70°12'E 120.00 ft.,
thence "136°46'E 268.63 ft. to the cost tlortherly corner of property
described in Gook 196 at Page 376, Pitkin County Records,_
thence il60°46'41 190 feet to the center line of Castle Creek,
thence along the center line of Castle Creek the follo~.aing courses:.
1112°33'29"tl 154.72 feet,
thence id43°00'E 30.00 feet,
.
thence 1185°30'E 83.00 feet,
thence 1185°00'E 150.00 feet,
thence S68°00'E 30.00 feet,
thence 577°00'E 110.00 feet,
thence 1;81°19'21"E 40.17 feet to the point~of beginning.
containing 35.25 acres, more or less.
;~
.:
EXHIBIT B
~~=.414 ; ~:~, 08
SITE DATA TABULATION (BY PARCEL)
Total Acreage:
Lot 1
Acreage:
No, oL Units:
S ix e & Type:
Parking:
Parcel Density:
Ground Coverage
35.25 Acres
4.325
70 Employee
34 - 2 bedroom 2 bath @ 845 S.F.
19 - 1 bedroom 1 bath @ 637 S.F.
17 - Studios, 1 bath @ 484 S.F.
104 spaces (1 per bedroom)
16.8 UU/Acre
Units
Building A - 3880 S.F.
B - 6486 S.F.
C - 6986 S.F.
D - 3243 S.F. = 20,095 S.F.
Parking ~ ~'
104 spaces @ 180 S.F. = 19,620 S.F.
Road
90(1 L.F. @ 24' width = 21,600 S.F.
400 L.F. @ 10' width = 4,000 S.F.
TOTAL COVERAGE/LOT 1 65,315 S.F.
Projected itonthly
Rental Fates
Lot 2
Acreage:
No. of Units:
Size G ape:
Amenities:.
Parking:
Parcel Densi~:
Ground Coverage
2 bedroom $591/monti~ (70fi/S.F.j
1 bedroom $446/month
Studio $338/month
6.925
30 Free market
30 - 3 bedroom 4 bath @ 2400 S.E.
The Granary - storage & Clubhouse
ameniL~.es
D:ar:olt Homestead - t4anag ement OLfice
Landscape plaza and pool @ 1500.S.F.
Tennis Court- @ 7200 S.F.
60 Covered (2 per unit)
4.5 DU/Acre
Units
3 bedrooms 35,588 S.F.
Granary 6 Homestead 4,850 S.F.
Pool Plaza 1,500 S.F.
Tennis Court 7,200 S.I'.
Parking 17.,060 S.F.
Road - 1390 I..F.@ 25' wi dth 33,360 S.F.
Paths - 1150 L.F. @ 11,500 S.I'_
TOTAL COVERAGE./LOT 2 106,058 S.L.
I
"~~ EXHIBIT C
V A y+
~5 ~~~ i O~
MAROLT fU1NCH "~
PROPOSED DEVELOPh1ENT AND CONSTRUCTION SCHEDULE
Site Improvements
Employee dousing Units (Lot 1)
Free Market Units (t.ot•2)
Site Vlork Aug. 1, 1981 - Oct. 1, 1 981
Mass Grading, Utilities Relocation,
Construction Access P.oads
Em lo,~ee Housing Units Lot 1 Apr. 15, 1932 - Dec. 31, 1982
Site Utilities Apr. 15, 1982 - July 31, 1932
Building Excavation & Foundations May 1, 1 982 - June 3 0, 1 982
Superstructure & Exterior Closure June 1, 1982 - Oct. 15, 1932
Interior Construction & Finishes Aug. 1, 1982 - Dec. 31, 1.982
finished Site Development Aug. 1, 1982 - Oct. 31, 1982
Roads & Parking Areas,
Intersection Completion, Finish
Grading, Landscaping, V!al{a
Free Market Units (Lot 2) July 1, 1931 - July 31, 1983
Site Utilities May 1, 1582 - July 31, 1 93 `l.
Building Phase 1 (11 Units) June 1, 1932 - Jan. 31, 1.983
Building Excavation & Foundations June 1', 1982 - June 30, 1932
Superstructure & Exterior Closure July 1, 1932 - Sep. 30, 1.932
]nterior Construction & Finishes Oct. 1, 1982 - Jan. 31, 1923
Finished Site Development Aug. 1, 1982 - Oct. 31, 1922
Roads & Parking Areas,
'
,
Finish Gradiny, Landscaping
Building Phase 2 (19 Units) Sep. 1, 1982_ - July 31, 1923
Building Excavation & Foundations Sep. i, 1982 - Sep. 30, ].932
Superstructure-& Exterior Closure Oct. 1, 19II2 - Dec. 31, 198?_
Interior Construction R finishes Jan. 1', 1983 - Apr. 30, 1523
Finished Grading, Landscaping ,May 1; 1983 - July-31, 1983
Roads & Parking Areas,
Finish Grading, Landscaping
,,
~,
EXHIBIT D
MAROLT RANCH
I{-0PROVEt4ENT R[SPONSIBILITY SCHEDULE
Item
Sewer
Existing Manhole
to Manhole h8
ttan{rol es
8" Sewer
Employee Housing Free Market Units
Total Cost Percentage Share R Cost Percentage Share R Cost
$ 9,600.00
34,925.00
Manhole tt8 to
Manhole Nll
Manholes 3,600.00
•8" Sewer 8;900.00
Manhole ~8 to rl2 R
Manhole Ifl2 to ;?17
Manholes 7,200.00
8" Sewer 36,325.00
Sewer Tap 14,250.00
Connections
Sewer Totals $114,800.00
Water
Interconnection
12" D.1.Pipe $ 16,415.00
12" Valve 2,500.00
free liarket Water Service
12" D.I. Pipe 11,221.00
10" D.I. Pipe 42,770.00
8" D.I. Pipe 15,2?_5.00
12" Valve 2,500,00
Fire Hydrants 5,250.00
11" Water Service 2,700.00
3/4" ldater Service 300.00
Employ ee Housing
Water Service
8" D.I. Pipe 14,875.00
8" Valve 500.00
fire Hydrants 5,250.00
2" Water Service 3,000.00
Water Totals $122,506.00
$ 6,720.00 (JON)
24,447.50 (707)
7,200.00 (100ro)
36,325.00 !100%)
2,700.00
$77,392.50
$11 ,490.50 (703;)
1,750.00 (70F)
~O13* ~1 ~ '"~.~r ~~
$ 2,880.00 (30N)
10,477.50 (30%)
3,600.00 (100p)
8,900.00 (IOCA)
11,550.00
$37,407.50
$ 4,92..50 (3C;:)
750.00 (30~)
11,221.00 (1000
42,770.00 (IOG;)
- 15,225.00 (100`,'0
_ ~ 2,500.00 (100")
_ 5,250.00 (1003:)
_ 2,700.00 (100,".,)
_ 300.00 (100%)
14,875.00 (100H
500.00 (100N
5,250.00 (100,
3,000.00 (100"a
$36,865.50
$85,640.50
EXHIGI7 D
MAROLT RANCH ..
• 114PROV[MENT RESPONSIBILITY SCtIEDULE (continued)
Employee Housing
Ltem Total Cost ,Percen~e Share & Cost
~~Lil"~ ?j .r
4i4 ~~ 11
Free Market Units
Percenta9c Share & Cost
Drainage
Employee Housing
Drainage Basins 1,2 ,3 °
12" C.h1.P. $ 3,225.00 $ 3,225.00 (100%) -
3' Standpipe 2,000.00 2,000.00 (100%) -
Concre[e 2,250.00 2,250.00 (100%) -
Excavation & 8,000.00 8,000.00 (100%)
Embankment
Free Market
Drainaye Basins 1,2 ,3
21" C.14.P. 4,320.00 - $ 4,320.00 (100%)
15" C.M.P. 1,320.00 - 1,3?_0.00 (100")
3' Standpipe 5,000.00 - 5,000.00 (100%)
Excavation & 9,600.00 - 9,G00.00 (100%)
Emf~ankment
Tennis Courts 1,500.00 - 1,500.00 (l0U%)
Improvements
Rock Channel 1,500.00 - 1,500.00 (100%)
Check Dams
free Market Units 1,950.00 - 1,950.00 (1U09~)
Cemetery Lane 1,050.00 735.00 (70%) 315.00 (30%)
holden Road 1,800.00 1,800.00 (1009) -
Drainage Totals $43,515.00 $18,010.00 $25,505.00
Irrigation Relocati on
Holden Ditch
50x31..hrch Pipe . $30,750.00 $30,750.00 (100%) -
Channel Excava. 1,050.00 1,050.00 (100%) -
Headwall 1,000.00 1,000.00 (100%) -
tdarolt Ditch
30 mil.hypalon
liner 7,200.00 - $ 7,200.00 (100%)
Red Butte Cemetery •
II" Irrigation gat e 800.00 - 800.00 (100)
Head~•ra11 500.00 - 500.00 (100%)
8" P.V.C. Pipe &
fittinys 4,080.00 - 4,080.00 (lU0%)
Irrigation Totals $45,380.00 $32,800.00 $12,5II0.00
.~
t ,~
EXHIBIT D
MAROLT RAHCH ~J9h~~4 ~>'~~~ ~~
IMPf20VEt4ENT RESPONSIBILITY SCHEDULE (continued)
Employee Housing Free Market Units
Item Total Cost Percentage Share & Cost Percentage Slrare & Cost
Roads, Driveways,
Parking Areas &
Bike Paths
Hv;y. 82-Holden Rd.
'
Intersection to
Station 3i 00
Asphalt $15,000.00 $10,500.00 (70") $ 4,500.00 (30".)
Base Course 13,300.00 9,310.00 (70%) 3,990.00 (301)
Excavation &
[mbankment 18,600.00 13,020.00 (70%) 5,580.00 (309')
Traffic Liglrt
Controls 30,000.00 21,000.00 (70%) 9,000.00 (307)
Concrete 1,000.00 700.00 (701) 300.00 (30%)
Painting 1,500.00 1,050.00 (70%) 450.00 (30"}
Traffic Control 3,000.00 2,100,00 (70%) 900.00 (307)
(during construction) ,
Irrigation Ditch
Relocation 990.00 693.00 (70%) ?.97.00 (307)
Drainage Swales 800.00 560.00 (70") 240.00 (30")
_ 18" C.M.P. 5,075.00 3,552.50 (7090) 1,522.50 (307)
" Subtotal $89,265.00 $62,485.50 $26,779.50
Holden Road -
Station 3+00 to
Station 7+66 (Free t4arket
Entrance)
Asphalt $13,200.00 $ 9,240.00 (701) $ 3,960.00 (301)
Base Course 12,040.00 8,428.00 (70) 3,612.00 (30;;)
Excavation &
Embankment 3,000.00 21,000.00 (707) 900.00 (307)
Subtotal $28,240.00 $19,768.00 $ 8,472.00
Holden Road -
Station 7+G6 to
.Station 16+69 (Emp loyee
Housing Entrance)
Asphalt $25,500.00 $25,500.00 (100%) -
Base Course 23,240.00 23,240.00 (100%) -
Excavation &
Embankment 6,000.00 6,000,00 (1007j -
Subtotal $54,740.00' $54,740.00
_.1
EXHIBIT D
MAROLT RANCH
IMPROVEMENT RESPONSIBILITY SCHEDULE (continued)
Item Total Cost
Employee (lousing
Drive & ParY.ing
Station 7+66 to End
Asphalt $42,000.00
Base Course 28,420.00
.Excavation &
Embankment 45,000.00
Subtotal $115,420.00
Free 14arket Drives,
Parking 6 Access Loop
Asphalt $ 35,280.00
Base Course 24,696.00
Excavation &
Embankment 38,000.00
Subtotal $ 97,976.00
Roads Total $385,541.00
Electric
Relocate overhead $ 8,250.00
lines in free
market area
Relocate overhead 2,250.00
lines in employee
area
Underground service 40,000.00
to free market units
Underground service 40,000.00
to employee units
Electric Total $ 90,500.00
Telephone
Relocate existing $ 8,800.00
overhead lines
Telephone Total $ 8,800.00
Natural C,as
2"Steel main $ 8,240.00
3/4" Service con-
nections •2,700.OG
-i Natural Gas Total $ 10,940.00
Employee Housing
Percentage Share & Cost
$42,000.00 (100%)
28,420.00 (100%)
45,000.00 (100%)
$115,420.00
$252,413.50
$ 2,250.00 (100%)
40,000.00 (100%)
$ 42,250.00
$ 4,400.00 (50%)
$ 4,400.00
,. ~Ijr.~14 i':« Uzi
Free Market Units
Percentage Share & Cost
$ 35,280.00 (100%)
24,695.00 (100")
38,000.00 (1000
$ 97,976.00'
$133,227.50
$ 8,250.00 (100%)
40,000.00 (100%)
$ 48,250.00
$ 4,400.00 (50%)
$ 4,400.00
- $ 2,700.00 (100%)
- $ 10,940.00
. EXIIIBIT D {
. •~ -
MAROLT RANCH ~9~.414 -~~.; ~~
IMPROVEMENT RESPONSIBILITY SCHEDULE (continued)
Employee Housing Free Market Units
Item Total Cost Percentage Share & Cost Percentage Sliare & Cost
Landscaping
Fine grading,
trees & plants,
site accessories $275,000.00 $ 75,000.00 $150,000.00
SITE I14PROVEMENTS
TOTALS $1,0~17,OB2.00
SITE IMPROVEI4ENTS
TOTALS (ROUfdDED) $1,050,000.00
$539,131.50
$540,000.00
$507,950.50
$510,000.00
r ~
~ .,
MAROL7• RPulCII
SITE IMPROVEMENT PERCEf"•AGE COt•1PLETIOPI SCHEDULE
.'.~ '
Item
1. Approval of Final Plat
2. Advertise for Bids
3. Anticipated Award of
Site Improvements
Contracts
4. Notice to Proceed
5. Red Butte Cemetery
Pipeline Relocation
Time Period
June 8, 1981
July 6, 19II1
July 24, 1931
Aug. 1, 1981
Aug. 1 -Aug. 10, 1981
6. Construct .Temporary '
tiarolt Ditch Aug. 1 - Aug. 10, 1981
7. Rough Grading, Free
. 1.larket & Employee Aug. 1 - Sep. 30, 1981
8. Holden Road Rough
Grading £. Placement of
24' 4lidth of Base Course Aug. 1 - Aug. 31, 1981
9.. Electric & Telephone
Relocation, Free hlarl:et July 1 - July 31, 1981
10. Remainder of Electric
& Telephone Relocation Aug. 1 - Aug. 31, 19II1
11. Holden Ditch Relocation Sep. 1 - Oc.t. 1, 1981
l2. Installation of Ser•rer &
Water, Free t•1ar-ket May 1 - June 30, 198?_
13. Installation of Se•.aer &
Water, Employee Apr. 15 - I4ay 31, 1982
14. Installation of Remainder
of Sewer & IJater May 15 - July 31, 1982
15. Installation of Underground
Electric, Telephone, TV ,.
Gas Lines, Free f4arket &
Employee June 1 - July 31, 1982
°:J~~-.444 ::~,_ 45
Percentage of Guaranty,
Guaranty Release Date
11%, September 1981
3%, October 1931
31%, August 1982
EXHIBIT F
' ,n-•
~.,.,~ .,,.r
.'r 'tiAi;OLT RANCH 1 ~'
SITE 1h1PROVEh1ENT PERCEtI7AGE COt9PLETION SCHEDULE (continued) ~au~;~~4 ~~`` -8' ,
Item Time Period
1G. Finish Grading &
Drainage Improvements,
Free hia:•ket Phase 1 &
Employee
17. Intersection Work
18. Finish Grading, Base
Course Placement .b Paving,
Free 14arl:et Phase 1 &
Employee
Percentage of Guaranty,
Guaranty Release.' Dati"e
Aug. 1, 1982 - Aug. 31, 1982
Aug. 1, 1982 - Sep. 30, 1982
Aug. 1, 1982 - Sep. 30, 1932
30%, October 1982
19. Landscaping, Free F1arY.et l,q, Plovember 1982
Phase 1 & Employee Oct. 1, 1982 - Oct. 31, 1982
. ~ J
20. Finish Grading, Base
Course Placement & Paving,
Free Ptarket Phase 2 htay 1, 1983 - June 30, 1983
2.1. Landscaping .
free hlarket Phase 2 June 1, 1983 - July 31; 1983
10°:, Fwg!ist 193
_,.
. / , ~~~
~~rn . !~•h~~r~i /n ~r .~~ini(n /ii:n ../fJ rrirr
' 565 NORTH A11LL STREL"T '~
ASPEN. COLORADO Q 1 G 1 1 '~
TELEPHONE 19:52537
May 26, 1981
Carli.e 47ood •
Design Work Siiop
415 S. Spring
Aspen, Co 81.61.1
To 4'},om it Dray Concern:
The estimated tap fee for the Marolt project based on 31 f,eesln~r~,e}units
and 73 employee units plus a slimming pool and amenity buil.din~ y~ ~3•
These are current t2p figures and can be subject to change in the future.
Si.nccrely
~~y ~~'-
}Ieiko Kuhn, t4anager
Aspen Metropolitan Sanit4tior. Dist.x^:ct
^~ E3:1II131T ~r- Additional parkin, Schedule
_.. _.. a~ ~~.4 ,1-- .Z~.
` ••~~ %~~"A;d'ditional-T'~~rking ,~ !~a~ _ ~ -= ~
Iii ~%"::5j ~. «` •/ y,j - _-_j ~'~\ ... _ -- .- c\
111 ~._ ~i ~ j~~ - a ,_ 1 _'-- - , ,'y` ~r`~
1~"/• ~___ ,x;,11 r~ - ~ r''_, ~~~ ~~ /~:~~.~
~ i I rt i~ •~'i(+~~11 I; :~ ~. ,1 ;~. •'~ I.r`J_ .r ~\.~y'/ \ \~ ~ \~ .
/ 'faly' ,' ~ I ••
~` .~ \
11 i I ~ 1 1•r~ 1, ? ?~ ~ .'/"/ y ~ ~.~::=p .~ f v~ i 1'r s. ~ ~
111'1 '`I ,~.. ~ \ /.~~ ~ `' f. / / ~ ~.
1 ~ / ` 1
x;111 :~ L~ ~ ~ ',•,; ~ ~ ` ~ '~
( y ,
1 - ,~i ar 'Y' Y~•-~f"~; i> ~~ .~' ~ ~~~~. I 1 j II fl ..rj ` /;
i j ;
,. __ t ~ a ~
•111 ; •~~_- ~ ----- • \ \.` ~~ • \ ' ( .. //
\I. ~ - .~ P
This plan indicates the areas reserved for additional parY.ing in th..
Free ldarket Cluster, which can be constructed at such time as the Ci.i:y
deems it necessary. The covered parking shovm on the plsln al.lo;vs for
two cars per unit. The appli-cant has asked fora partial exemption
from parking requirements, providing tyro-thirds of the parking required
by Code.
y~;6..i~IrA~
/.NwM1 CJ..rWJ
FREE IhAF?}<ET CI_USTLi=