HomeMy WebLinkAboutLand Use Case.10 Club Cir.A022-99
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A022-99
2735-112-02017
Maroon Creek Club Insubstantial Amendment
10 Club Circle
Julie Ann Woods
Insubstantial Amendment
Maroon Creek, LLC
Chuck Vidal
APPROVED
12/20/04
D Driscoll
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PROJECT:
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LAND USE ApPLICATION
Name: ,fUi?Lyt?N Op-g-e
Location: C~/ &'5' '/ c' r 4.sPE,IV
(Indicate street address, lot & block number, legal description where appropriate)
ApPUCANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
/);1 ,4't?6l::"JN 6#' EAC LAC
/t? CA.-C/O u,.eaE-" rh/,R/V, c~ 9/'6//
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(9).:::1 ~ () 5"<f'F 7cJ FAY- '11J'Ci 7',} Y--?775-
TYPE OF ApPLICATION: (please check all that apply):
o Conditional Use 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
~;!C"!~~~i!"'. 'r;~~v ?!2~e
o
o
Lot Split
Lot Line Adjustment
o
o
Temporary Use
TextlMap Amendment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devot.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
,
Other: ),4 j.....~ ../~,~
+~
ExISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
t//N~'''5- /t3 ~4, ~4rM':-Je-.(~/.J/4u.u, :)'r
~V>4 h.->ps 5.-F /~.u7 .5 ~ /
PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ~ a~tt:/
,;jJ~5-ec-f 4eHl'-./ h >~/ c/~/Y~/c:.u -0fl~~~~C -,~ ~I
Have you attached the following?
o Pre-Application Conference Summary
o Attachment # 1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
J
FEES DUE: $ 10 V ::;--
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Recorder
Recorded at
Reception No
RECORDED REQUESTED BY:
WHEN RECORDED RETURN TO:
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the "Amendment") is made this day of
1999.
1. RECITALS.
1.1 Declaration.
(a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited
liability company and County of Pitkin, Colorado ("County") are parties to that certain
agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for
Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate
records for the County (the "SIA ").
(b) The City of Aspen (the "City") has annexed the Property (as defmed in the SIA)
from the County, and in connection with such annexation, the County assigned all of its rights
under the SIA to the City and the City assumed all of the County's obligations under the SIA.
(c) Maroon Creek Limited Liability Company ("MCLLC"), a Colorado limited
liability company is Pearce's successor with respect to the Property, including all of Pearce's
rights and obligations under the SIA.
1.2 Amendments to SIA. MCLLC and the City desire to amend the SIA as set
. forth in this Amendment.
2. AMENDMENT. The SIA is hereby amended as follows:
2.1 Amendment to Paral!l'anh 7.
(a) MCLLC shall be relieved of all obligations to construct a pedestrian underpass,
as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph 7(a) of the
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SIA is hereby deleted in its entirety and the phrase "Intentionally left blank" substituted
therefor.
(b) The $175,000, that MCLLC has provided as "Security" (as defmed in
Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the
City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance
with Paragraph 2.2(b) below.
2.2 Amendment to Par31!l"3oh 8.
(a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Bridl!e. MCLLC shall contribute Three Hundred
Thousand and No/100 Dollars ($300,000.00) towards construction of a public
pedestrian bridge across Maroon Creek to connect the Tiehack base area with
Iselin/Rotary Park. The City shall be responsible for the construction of the bridge,
obtaining all requisite permits and agrees that construction of the bridge will not
commence until: (a) one hundred percent (100%) of the funding is available; (b) the
City has demonstrated to MCLLC's reasonable satisfaction that all easements have been
procured by the City to relocate the Government Trail in accordance with Paragraph
2.3 of this Amendment; and (c) all access easements required on the east side of the
bridge has been obtained. The City covenants to MCLLC that construction of the
pedestrian bridge will be completed within eighteen (18) months of commencement.
The City shall be responsible for obtaining any access easements required on the east
side of the bridge. The contributions due from MCLLC will be due within thirty (30)
days after written notice is given by the City to MCLLC that the bridge is completed.
Use of the bridge by motor vehicles except for maintenance purposes shall be
prohibited. On the west side of the bridge, MCLLC shall provide any required access
easements on Common Parcel Q as shown on the Final Plat. The conSent of MCLLC
to the design and location of the bridge shall be obtained, which consent shall not be
umeasonably withheld or delayed. Prior to any construction, the parties shall agree on
the provision of a construction license over lands of MCLLC to allow for work on the
bridge; provided, however, work on the bridge shall not hinder or interfere with any
development of the Project or adversely affect any elements of the Project that have
already been constructed. The City shall be responsible for the operation, maintenance
and repair of the bridge. If construction of the bridge does not commence before
December 31, 2001, then in full satisfaction of any obligation to contribute towards
construction of the bridge, MCLLC shall make an umestricted donation of one
Hundred Thousand and No/100 Dollars ($100,000.00) to the City of Aspen Parks and
Open Space Funds and any "Security" provided by MCLLC in accordance with
Paragraph 14 for the construction of the bridge (including the $175,000 which was
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initially earmarked for construction of the pedestrian underpass) shall be returned to
MCLLC.
(b) The City acknowledges and the parties agree that upon execution of this
Amendment MCLLC will have provided an aggregate of $275,000 as Security (as defined in
Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e.,
$100,000 that has always been earmarked for the pedestrian bridge plus the $175,000
described in Paragraph 2.1(b) above that was initially earmarked for construction of a
pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction
of MCLLC's obligation under the first sentence of Paragraph 8 of the SIA. As an example and
for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of
the SIA, the City shall use the $275,000 provided by MCLLC as Security and MCLLC shall
pay the City an additional $200,000 for a total of $475,000.00 towards the construction of the
bridge. If construction of the bridge does not commence by December 31, 2001, the City shall
return $275,000 to MCLLC and MCLLC shall make an unrestricted donation of $100,000 to
the City of Aspen Parks and Open Space Funds.
2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the
SIA, MCLLC shall meet with the United States Forest Service (the "USFS") with respect to
the proposed relocation of the Government Trail across Lots 3, 4 and 5 as indicated on the
'Final Plat, or, in the alternative, on the west side of Maroon Creek along the Stapleton
Brothers Ditch to where the Stapleton Brothers Ditch meets Common Lot Q as indicated on the
Final Plat, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.)
that will be approved by the USFS (and any other governmental agency or agencies whose
consent may be required). Promptly after MCLLC notifies the City that USFS approved
specifications have been developed, MCLLC shall use all reasonable efforts, without any
obligation to spend money, to provide the City all easements required to relocate the
Government Trail on open space Lot 49 and Common Lot Q (it being understood that to the
extent consent of the City is required to relocate the Government Trail accordingly, such
consent shall be granted and it being further understood that the consent of Aspen Skiing
Company may also be required with respect to any such relocation of the Government Trail).
The City shall use reasonable efforts to procure, at the City's sole cost and expense, any and
all other easements that may be required to relocate the Government Trail accordingly
(whether or not such easements are located within the City). Within sixty (60) days (weather
permitting) after the City demonstrates to MCLLC's reasonable satisfaction that all easements
have been procured by the City to relocate the Government Trail accordingly (including the
access easements to be provided to the City by MCLLC on open space Lot 49 and Common
Lot Q) and the USFS has approved the proposed relocation, MCLLC shall, at MCLLC's cost
and expense commence to relocate the Government Trail in accordance with the USFS-
approved specifications. MCLLC shall have no obligation to commence relocating the
Government Trail unless and until all easements have been obtained and proof of such
easements has been provided to MCLLC and the USFS has approved the proposed relocation.
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3. MISCELLANEOUS.
3.1 Reoresentations.
(a) The City represents to MCLLC that the City has full authority to enter into this
Amendment and that the recitation in Paragraph 1.1 (b) is true.
(b) MCLLC represents to the City that MCLLC has full authority to enter into this
Amendment and that the recitation in Paragraph 1.1(c) is true.
3.2 Dermed Terms. Capitalized words and phrases used in this Amendment and
not otherwise defined shall have the meanings given to such words and phrases in the SIA.
3.3 Counteroarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day and year first above written.
CITY OF ASPEN, COLORADO ATTEST:
~~;;-,~ ~~e 4~ -'k.-
MAROON CREEK LIMITED LIABILITY
COMPANY, a Colorado limited
liability company
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
, ~ by as
City of Aspen, Colorado. tCdJ
day of
for the
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 I '" ~v. day of
~ -
~""'~ , ~ by James T. Pearce, Jr., Member of Maroon Creek
Limited Liability Company, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
~
My Commission expires
10/21/2002
M:\clacroix\Maroon\SIA \SIA.amend5. wpd
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Memorandum
lfj
Aspen, 50 Veors After Goethe
Mind - Body - Spirit
TO: Jeff Woods, John Krueger, Julie A. Woods, Randy Ready
FROM:
John P. Worcester
RECEIVED
DATE:
October20, 1999
n
) 1~99
RE:
Maroon Creek SIA Amendments
1'.sPE.", { riTKIN
COMMUNITi DEVELOPM:::NT
Attached please find the latest version of the proposed amendments to MCC's SlA. Please review
it carefully and let me know of any problems. If this meets with everyone's concerns, we will
proceed to have it executed and take it to Council. If! don't hear from you by November 1,1 will
assume you do not have any objections. Thanks
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Draft
18J-28/98
10/6/99
o'clock .M.
Recorder
Recorded at
Reception No
RECORDED REQUESTED BY:
WHEN RECORDED RETURN TO:
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEME~TS AGREEMENT FOR
MAROON CREEK CLUB (the" Amendment") is made this day of
t9981999.
1. RECITALS.
1.1 Declaration.
(a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah limited
liability company and County of Pitkin, Colorado ("County") are parties to that certain
agreement dated September 2, 1993 entitled "Subdivision Improvements Agreement for
Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page 608 of the real estate
records for the County (the "SIA ").
(b) The City of Aspen (the "City") has annexed the Property (as defmed in the SIA)
from the County, and in connection with such annexation, the County assigned all of its rights
under the SIA to the City and the City assumed all of the County's obligations under the SIA.
(c) Maroon Cree~.Limited Liability Comoanv ("MCLLC"). a Colorado limited
liability COmDany is Pearce's successor with resoect to the ProDertv. including all of
Pearce's "lthts and ohliltations under the SIA."
1.2 Amendments to SIA. P,a..:CG ~CLI& and the City desire to amend the SIA as
set forth in this Amendment.
2.
AMENDMENT. The SIA is hereby amended as follows:
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2.1 Amendment to Parae:ranh 7.
(a) P~~" MCLLC shall be relieved of all obligations to construct a pedestrian
underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of subparagraph
7(a) of the SIA is hereby deleted in its entirety and the phrase "Intentionally left blank"
substituted therefor.
(b) The $175,000, that P,~ MCLLC has provided as "Security" (as defmed in
Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used by the
City as additional funds toward the cost of the Maroon Creek pedestrian bridge in accordance
with Paragraph 2.2(b) below.
2.2 Amendment to Paralll'anh 8.
(a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Brid,e. Pa"", MCLLC shall contribute Three Hundred
Thousand and No/IOO Dollars ($300,000.00) towards construction of a public
pedestrian bridge across Maroon Creek to connect the Tiehack base area with Iselin
Park. The City shall be responsible for the construction of the bridge, obtaining all
requisite permits and agrees that construction of the bridge will not commence un~
one hundred percent (100 %) of the funding is available llftd that wuStl. o1.:l:iOIl. \It al. b..
Goul.t"lwlwa ~ithi11 011. (1) I'M of 'O~.u_""J..u/'ft(. The C~l) .,hail be rGsp"u.I..,:11, for
ebta1fiihI; ...-b.lal1t;al!~ anYi1b) the City has demonstrated to MCLLC's reasonable
satisfactionJhat all easements have been orocured I!I the City to relocate ~
Government tTail in accordance with Paralll'l1oh 2.3 of this Amendment: and (c)
all access easements required on the east side of the bridge has been obtained~~
gtv covenants to Mq,LC that construction of the oedestrian bridee will ~
completed within one (1) year of commencement. The City sh~1l be resoonsible f~
",btaininl! any access easements reauired On the east side of the bridle. The
contributions due from F.........~ MCLLe will be due within thirty (30) days after written
notice is given by the City to rCMe, MCLLC that the bridge is completed. Use of the
bridge by motor vehicles except for maintenance purposes shall be prohibited. On the
west side of the bridge, Ft;lt[Cll MCLL~ shall provide any required access easements
on Common Parcel Q as shown on the Final Plat. The consent of PClL:" MCLLC to
the design and location of the bridge shall be obtained, which consent shall not be
unreasonably withheld or delayed. Prior to any construction, the parties shall agree on
the provision of a construction license over lands of Pe-....... MeLLC to allow for work
on the bridge; provided, however, work on the bridge shall not hinder or interfere with
any development of the Project or adversely affect any elements of the Project that have
already been constructed. The City shall be responsible for the operation, maintenance
and repair of the bridge. If construction of the bridge does not commence before
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December 31, 20061, then in full satisfaction of any obligation to contribute towards
construction of the bridge, F~M~ MCLLC shall make an unrestricted donation of one
Hundred Thousand and No/1oo Dollars ($100,000.00) to the City of Aspen Parks and
Open Space Funds and any "Security" provided by Pc.uce MCLLC in accordance with
Paragraph 14 for the construction of the bridge (including the $175,000 which was
initially earmarked for construction of the pedestrian underpass) shall be returned to
F~=,-c MCLLC.
(b) The City acknowledges and the parties agree that upon execution of this
Amendment F~,,,~~ MCLLC will have provided an aggregate of $275,000 as Security (as
defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian
bridge (Le., $100,000 that has always been earmarked for the pedestrian bridge plus the
$175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of
a pedestrian underpass), buc that only $100,000 of such amount shall count towards satisfaction
of r,-=~~'. ~CLLC's obligation under the first sentence of Paragraph 8 of the SIA. As an
example and for the avoidance of doubt, upon completion of the bridge in accordance with
Paragraph 8 of the SIA, the City shall use the $275,000 provided by P'.i(" MCLLC as
Security and P'.i(" MCLLC shall pay the City an additional $200,000 for a total of
$475,000.00 towards the construction of the bridge. If construction of the bridge does not
commence by December 31, :eee., the City shall return $275.000 to Pcatce MCLLC and
Pa,!,~ MCLLC shall make an unrestricced donation of $100,000 to the City of Aspen Parks
and Open Space Funds.
2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the
SIA, P~a.;;':' MCLLC shall meet with the United States Forest Service (the "USFS") with
respect to the proposed relocation of the Government Trail as shown on Exhibit A hereto, in
order to develop specifications for the trail (e.g.. alignment, dimensions, etc.) that will be
approved by the USFS (and any other governmental agency or agencies whose consent may be
required). Promptly after F..=~.:. MCLLC notifies the City that USFS approved specifications
have been developed p~=~~ .hal1 . MCLLC shall use all reasonable efforts. without anv
obli!!ation to snend money, to provide the City all easements required to relocate the
Government Trail (sp~~;fi.~alll on open space Lot 49 and common Lot Q.) MCElC shall
prlXlll', lit MCElC's 0 !it hein!! understood that to the extent consent of the Citv i~
I) ! reauired to relocate the accordin!!lv. such consent shall be I!l'anted and It hem!! furth~
l understood that the consent of Asoen Smn!! Comoanv may also he reauired with resnect
to any such relocation of the), The City shall use reasonable efforts to nrocure, at the
Citv's sole cost and expense, any and all aeem other easements that may be required to
relocate the Government Trail accordingly (whether or not such easements are located within
the City). Aft~... aM .l":''i""if'd tomenta, ae.l,~"",,,u~dts and ac,'&~ ...~-i,u~dE8 hen, b""""ll uhL~1'Kd
and/or i".lu........."'d., p,,~,,-:.. mall b"" .l,,,..:Jt'uu!ibl,,, at rG~....'" ""..,~L and e.xpGltSG. fv.!. ...,...1u,at.ts:&A
Within sixty (60) davs (weather nermittin2> after the City demonstrates to MCLLC's
reasonable satisfaction that all easements bave heen nrocured by tbe City to relocate th,l!
Government Trail accordingly {Inc1udin!! the access easements to be Drovided to the Citv
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~LLC on open SBace Lot 49 and common Lot Oland the USFS has aDDroved t!l$
nrooosed relocation. MCLLC sbaIl. at MCLLC's cost and exnense commence to relocate
the Government Trail in accordance with the USPS-approved .tM~iHeaL;uu. FeI1'~ .h.a:H bt
J."".!{1oMlbl~ f(,.. buiht.uf, 61 ~yJ.Ull~ 'the b.Qa r..~-'ll tlu.. USFS BJ.~d6~ aGl'u~" ~IMOO.u CJ.~.:.k,
diud6 the S~l"l'fon DJ.u~,,!' D!h..h, ",11 ~...Jp'.u II1:hi~ Sw.bdL.i.si,-,~ P~~tl A ~ ~lCDC
Cv~~l1. FJu-..w1 Q (S" EAJ.~b~[ "A OW). PCMee sUI be. .{.s!5uu.;,:bk foJ. th" e~tlSb."",""l~o.a of tite.
tf~il \oou.L~",..;.[ion ClLLa u.J.J.] ~C'lU~J.",,4 ,jlructln... f..ud'l LnG tLa:l aiel1g M~oon CJ.""ck, JlNlt.:.h. *'kW.g
~ tht l~ (,fi C~u.w.J.J."".Ll P~c,l Q ~ T:cl1~k Ruad to wu~'t to tL... .lGlotat",4 GO~'J..u.LU"".u.l
'fraft:- 5oecifications and Exhibit" A". MCLLC sha1t!l&ve no oblie:ation to commence
re1oca\iPl! tlJ.e Govel'llPl!mt Trail unless and until all easements have been ob~ed and
Droot of such easements has been Drovided. to MCLLC and the US'S has aDoroved ~
oroDOsed relocation.
3. MISCELLANEOUS.
3.1 ReoresentatioDs.
i!l The City represents to Fe-Aftt MCLLe that the City has full authority to enter
into this Amendment and that the recitation in Paragraph 1. 1 (b) is true.
~) MCLLC reDresenu to the City that MCLLC has full authority to enter into
!bis Amendment ~nd that the recitation in Paral!l'l1Dh 1.1lc) ~ true.
3.2 Defined Terms. Capitalized words and phrases used in this Amendment and
not otherwise defined shall have the meanings given to such words and phrases in the SIA.
3.3 Counteroarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day and year first above written.
CITY OP ASPEN, COLORADO
ATTEST:
Name
Title
:By:
Name
Title
By:
FJ:ARCr: r:QUiTffiS GROUP H MAROON CREE~ LIMITED
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LIABILITY
COMPANY, a Biah Colorado limited
liability company
By:
James T, Pearce, Jr., Member
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrUIIlent was acknowledged before me this
, T996 1999 by as
the City of Aspen, Colorado.
day of
for
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
, T996 1999 by James T. Pearce, Jr., Member of P'a1"
Equit;... G,u..p H )\farooD Creek Limited Liability Company, a Btah Colorado limited
liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
M: lcUc:fo..IMaroonISiaISIA.AMEND.Rl!DLINE
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EXHIBIT A
Description of Government Trail as relocated
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This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the
differences between -
original document : M:\CLACROIX\MAROON\SIA\SIA.AMEND.WPD
and revised document: M:\CLACROIX\MAROON\SIA\SlA.AMEND3.WPD
CompareRite found 47 change(s) in the text
Deletions appear as Strikethrough text
Additions appear as Bold + Db1 Underline text
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II
THE CITY OF ASPEN
OFFICE OF THE em ATTORNEY
. June 2, 1999
Chuck Vidal
Real Estate Affiliates
117S. Monarch
Aspen, Colorado 81611
Re: Maroon Creek SlA
Dear Chuck:
Enclosed please find two versions of the latest SlA proposal. The first version is a copy
showing the proposed changes and the second is a clean copy. Please review and let me
know if we are ready to finalize this matter.
If you have any questions, please Ie! me know.
Sincerely,
fi.(nuds
John P. Worcester
City Attorney
cc: John Kreuger, Parks Dept. .
Jeff Woods, Parks Dept.
Amy Margerum, City Manager
Sara Thomas, Community Development Dept.
Julie Ann Woods, Community Development Dept. V
JPW.06/02J99-G:\john\word\letters\vida16.doc
130 SoUTH GALENA STREET' Asrn.;, COLORADO 81611-1975 . PHONE 970.920.5055 . FAX 970.920.5119
Printro on R{'(ydf'd Paper
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Draft
10/28/98
Recorded at
Reception No
o'clock .M.
Recorder
RECORDED REQUESTED BY:
WHEN RECORDED RETURN TO:
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the "Amendment") is made this day of
1998.
1. RECITALS.
1.1 Declaration.
(a) Pearce Equities Group IT Limited Liability Company ("Pearce"), a Utah
limited liability company and County of Pitkin, Colorado ("County") are parties to that
certain agreement dated September 2, 1993 entitled "Subdivision Improvements
Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page
608 of the real estate records for the County (the "SIA").
(b) The City of Aspen (the "City") has annexed the Property (as defmed in
the SIA) from the County, and in connection with such annexation, the County assigned
all of its rights under the SIA to the City and the City assumed all of the County's
obligations under the SIA.
1.2 Amendments to SIA. Pearce and the City desire to amend the SIA as set forth
in this Amendment.
2. AMENDMENT. The SlA is hereby amended as follows:
2.1 Amendment to Paral!raDh 7.
(a) Pearce shall be relieved of all obligations to construct a pedestrian
underpass, as described in subparagraph 7(a) of the SlA. Therefore, the text of
I'"
"".
/..'....
.....,J'
subparagraph 7(a) of the SIA is hereby deleted in its entirety and the phrase
"Intentionally left blank" substituted therefor.
(b) The $175,000, that Pearce has provided as "Security" (as defmed in
Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used
by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge
in accordance with Paragraph 2.2(b) below.
2.2 Amendment to Paral!I'aDh 8.
(a) Paragraph 8 of the SIA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Bridl!e. Pearce shall contribute Three Hundred Thousand
and No/1oo Dollars ($300,000.00) towards construction of a public pedestrian bridge across
Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be
responsible for the construction of the bridge, obtaining all requisite permits and agrees that
construction of the bridge will ile not commence until one hundred percent (100%) of the
funding is available and that construction will be completed within one (1) year of
commencement. The City shall be responsible for obtaining substantially any access easements
required on the east side of the bridge. The contributions due from Pearce will be due within
thirty (30) days after written notice is given by the City to Pearce that the bridge is completed.
Use of the bridge by motor vehicles except for maintenance purposes shall be prohibited. On
the west side of the bridge, Pearce shall provide any required access easements on Common
Parcel Q as shown on the Final Plat. The consent of Pearce to the design and location of the
bridge shall be obtained, which consent shall not be unreasonably withheld or delayed. Prior
to any construction, the parties shall agree on the provision of a construction license over lands
of Pearce to allow for work on the bridge; provided, however, work on the bridge shall not
hinder or interfere with any development of the Project or adversely affect any elements of the
Project that have already been constructed. The City shall be responsible for the operation,
maintenance and repair of the bridge. If construction of the bridge does not commence before
December 31, 20001, then in full satisfaction of any obligation to contribute towards
construction of the bridge, Pearce shall make an unrestricted donation of one Hundred
Thousand and No/1oo Dollars ($100,000.00) to the Pit:lEiR C€JUH~ OfleH 8flaee B€J!lfa City of
Aspen Parks and Open Space Funds and any "Security" provided by Pearce in accordance with
Paragraph 14 for the construction of the bridge (including the $175,000 which was initially
earmarked for construction of the pedestrian underpass) shall be returned to Pearce.
(b) The City acknowledges and the parties agree that upon execution of this
Amendment Pearce will have provided an aggregate of $275,000 as Security (as defined
in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge
(i.e., $100,000 that has always been earmarked for the pedestrian bridge plus the $175,000 described in Paragraph 2. 1 (b) above that was initially earmarked for
construction of a pedestrian underpass), but that only $100,000 of such amount shall
count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8
-.
.......,
"""'
'-"
,
.
of the SIA. As an example and for the avoidance of doubt, upon completion of the
bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000
provided by Pearce as Security and Pearce shall pay the City an additional $200,000 for
a total of $475, 000. 00 towards the construction of the bridge. If construction of the
bridge does not commence by December 31,2000, the City shall return $275,000 to
Pearce and Pearce shall make an unrestricted donation of $100,000 to the PiElffil Cel:lllfy
OIleR Spaee Bellfa City of Aspen Parks and Open Space.
2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the
SlA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the
proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to
develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by
the USFS (and any other governmental agency or agencies whose consent may be required).
Promptly after Pearce notifies the City that USFS approved specifications have been developed
Pearce shall provide the City all easements required to relocate the Government Trail
(specifically on open space Lot 49 and common Lot Q.) the City sltftll pf8e1:1re, at the City's
eest BRB eJ{~ense, RlTJ. BREI all aeeess easemeHts ~ may Be feliHired te releeate tile
Cevefflffiellt TfIlil MCDC shall procure, at MCDC's expense, any and all access easements
that may be required to relocate the Government Trail accordingly (whether or not such
easements are located within the City). After all required consents, agreements and access
easements have been obtained and/or procured, Pearce shall be responsible, at Pearce's cost
and expense for relocating the Government Trail in accordance with the USFS-approved
specification. Pearce shall be responsible for building or improving the trail from the USFS
Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on Aspen Highlands
Subdivision Parcel A and MCDC Common Parcel Q (See Exhibit "A "). Pearce shall be
responsible for the construction of the trail connection and any required structure from the trail
along Maroon Creek, switch backing up the hill on Common Parcel Q to Tiehack Road to
connect to the relocated Government Trail.
3. MISCELLANEOUS.
3.1 ReDresentations. The City represents to Pearce that the City has full authority
to enter into this Amendment and that the recitation in Paragraph 1.1(b) is true.
3.2 Defined Terms. Capitalized words and phrases used in this Amendment and
not otherwise defmed shall have the meanings given to such words and phrases in the SIA.
3.3 Counteroarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
-
....'""
'0,,"';
-
IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day and year first above written.
CITY OF ASPEN, COLORADO
ATTEST:
By:
By:
Name
Title
Name
Title
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, a Utah limited
liability company
By:
James T. Pearce, Jr., Member
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
, 1998 by as
day of
for the
City of Aspen, Colorado,
WITNESS my hand and official seal.
My commission expires:
Notary Public.
STATE OF COLORADO. )
) ss
COUNTY OF PITKIN )
c
"'"'
....^""
The foregoing Instrument was acknowledged before me this day of
,1998 by James T. Pearce, Jr., Member of Pearce Equities
Group II Limited Liability Company, a Utah limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
"'""
,.~
-
.~."I
EXHIBIT A
Description of Government Trail as relocated
.
,.......
,"-,
,,",
"'_ "i'
Recorded at
Reception No
o'clock .M.
Recorder
RECORDED REQUESTED BY:
WHEN RECORDED RETURN TO:
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the" Amendment") is made this day of
199 .
1. RECITALS.
1.1 Declaration.
(a) Pearce Equities Group II Limited Liability Company ("Pearce"), a Utah
limited liability company and County of Pitkin, Colorado ("County") are parties to that
certain agreement dated September 2, 1993 entitled "Subdivision Improvements
Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page
608 of the real estate records for the County (the "SIA").
(b) The City of Aspen (the "City") has annexed the Property (as defined in
the SIA) from the County, and in connection with such annexation, the County assigned
all of its rights under the SIA to the City and the City assumed all of the County's
obligations under the SIA.
1.2 Amendments to SIA. Pearce and the City desire to amend the SIA as set forth
in this Amendment.
2. AMENDMENT. The SIA is hereby amended as follows:
2.1 Amendment to Paral!1"aph 7.
(a) Pearce shall be relieved of all obligations to construct a pedestrian
underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of
subparagraph 7(a) of the SIA is hereby deleted in its entirety and the phrase
"Intentionally left blank" substituted therefor.
c
---
"
(b) The $175,000, that Pearce has provided as "Security" (as defmed in
Paragraph 15 of the SlA) for the construction of the pedestrian underpass shall be used
by the City as additional funds toward the cost of the Maroon Creek pedestrian bridge
in accordance with Paragraph 2.2(b) below.
2.2 Amendment to Paral!Tanh 8.
(a) Paragraph 8 of the SlA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Bridl!e. Pearce shall contribute Three Hundred Thousand
and No/1oo Dollars ($300,000.00) towards construction of a public pedestrian bridge across
Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be
responsible for the construction of the bridge, obtaining all requisite permits and agrees that
construction of the bridge will not commence until one hundred percent (100 %) of the funding
is available and that construction will be completed within one (1) year of commencement.
The City shall be responsible for obtaining substantially any access easements required on the
east side of the bridge. The contributions due from Pearce will be due within thirty (30) days
after written notice is given by the City to Pearce that the bridge is completed. Use of the
bridge by motor vehicles except for maintenance purposes shall be prohibited. On the west
side of the bridge, Pearce shall provide any required access easements on Common Parcel Q as
shown on the Final Plat. The consent of Pearce to the design and location of the bridge shall
be obtained, which consent shall not be unreasonably withheld or delayed. Prior to any
construction, the pirrties shall agree on the provision of a construction license over lands of
Pearce to allow for work on the bridge; provided, however, work on the bridge shall not
hinder or interfere with any development of the Project or adversely affect any elements of the
Project that have already been constructed. The City shall be responsible for the operation,
maintenance and repair of the bridge. If construction of the bridge does not commence before
December 31, 2001, then in full satisfaction of any obligation to contribute towards
construction of the bridge, Pearce shall make an unrestricted donation of one Hundred
Thousand and No/1oo Dollars ($100,000.00) to the City of Aspen Parks and Open Space
Funds and any "Security" provided by Pearce in accordance with Paragraph 14 for the
construction of the bridge (including the $175,000 which was initially earmarked for
construction of the pedestrian underpass) shall be returned to Pearce.
(b) The City acknowledges and the parties agree that upon execution of this
Amendment Pearce will have provided an aggregate of $275,000 as Security (as defined
in Paragraph 15 of the SlA) for the construction of the Maroon Creek pedestrian bridge
(i.e., $100,000 that has always been earmarked for the pedestrian bridge plus the
$175,000 described in Paragraph 2.1(b) above that was initially earmarked for
construction of a pedestrian underpass), but that only $100,000 of such amount shall
count towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8
of the SlA. As an example and for the avoidance of doubt, upon completion of the
bridge in accordance with Paragraph 8 of the SlA, the City shall use the $275,000
provided by Pearce as Security and Pearce shall pay the City an additional $200,000 for
"""
""'/
/.~\
J
a total of $475,000.00 towards the construction of the bridge. If construction of the
bridge does not commence by December 31, 2000, the City shall return $275,000 to
Pearce and Pearce shall make an umestricted donation of $100,000 to the City of Aspen
Parks and Open Space.
2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the
SIA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the
proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to
develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by
the USFS (and any other governmental agency or agencies whose consent may be required).
Promptly after Pearce notifies the City that USFS approved specifications have been developed
Pearce shall provide the City all easements required to relocate the Government Trail
(specifically on open space Lot 49 and common Lot Q) MCDC shall procure, at MCDC's
expense, any and all access easements that may be required to relocate the Government Trail
accordingly (whether or not such easements are located within the City). After all required
consents, agreements and access easements have been obtained and/or procured, Pearce shall
be responsible, at Pearce's cost and expense for relocating the Government Trail in accordance
with the USFS-approved specification. Pearce shall be responsible for building or improving
the trail from the USFS Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on
Aspen Highlands Subdivision Parcel A and MCDC Common Parcel Q (See Exhibit "A").
Pearce shall be responsible for the construction of the trail connection and any required
structure from the trail along Maroon Creek, switch backing up the hill on Common Parcel Q
to Tiehack Road to connect to the relocated Government Trail.
3. MISCELLANEOUS.
3.1 Renresentations. The City represents to Pearce that the City has full authority
to enter into this Amendment and that the recitation in Paragraph 1.1 (b) is true.
3.2 Defined Terms. Capitalized words and phrases used in this Amendment and
not otherwise defmed shall have the meanings given to such words and phrases in the SIA.
3.3 Counternarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day and year first above written.
CITY OF ASPEN, COLORADO
ATTEST:
By:
By:
Name
Title
Name
Title
"'"
\,.""
"
"
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, a Utah limited
liability company
By:
James T. Pearce, Jr., Member
STATE OF COLORADO)
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
,199_ by as
day of
for the
City of Aspen, Colorado.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing Instrument was acknowledged before me this day of
, 199 by James T. Pearce, Jr., Member of Pearce
Equities Group II Limited Liability Company, a Utah limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
EAA-Q6IQ2I99.\\ -rommons\aspanorney\contracl\agr\maroon creek club-amend to sub imp.new.doc
.
,
-
~
,..,
....i
EXHmIT A
Description of Government Trail as relocated
Cindy Houben,
-
.. ~
09:40-AM
6/22/99 , MCDC/ Hine
,""'
V
parcel
for the trai
X-Sender: cindyh@comdev
Date: Tue, 22 Jun 1999 09:40:13 -0600
To: juliew@ci.aspen.co.us
From: Cindy Houben <cindyh@ci.aspen.co.us>
Subject: MCDCI Hine parcel for the trail
>Date: Thu, 13 May 1999 18:14:20 -0600
>To: j uliew
>From: Cindy Houben <cindyh@co.pitkin.co.us>
>Subject: MCDCI Hine parcel for the trail
>
>JAW: I am rushing to get out of here but wanted you to know that I
had
spoken wi the BOCC and they are fine wi my approval on use of the
Hines
acquired open space for the new trail alignment of Govt. trail. they
wanted
to ensure that the City will be maintaining the trail. Further trail
questions should now include Brian Pettit from our Road and Bridge
Division.
He is now in charge of all trails for the County and working closely
wi the
Open Space board on open space and trail issues! Thanks CH
>
!Printed for Julie Ann Woods <juliew@ci.aspen.co.us>
1
~ 'rv'c,.,D (;
John Worcester, 10:li .6/10/99, Re: Maroon~~~_AInE!IlCi"'_~l::IA ._=
Date: Thu, 10 Jun 1999 10:11:51 -0600 (MDT)
X-Sender: johnw@commons
To: Julie Ann.Woods <ju1iew@ci.aspen.co.us>
From: John Worcester <johnw@ci.aspen.co.us>
Subject: Re: Maroon Creek Amend. to SIA
What we need is something from the owners of the Salvation Ditch, not the
County CD director.
At 03:57 PM 6/9/99 -0600, you wrote:
>John--
>1 did get something from Cindy in writing--probably e-mail. But i can't
put
>my fingers on it right now. It is not for
>the trail (which apparently is part of the
>Anyways, I'll try and find it, but i don't
>Just represent that it was approved by the
>
>
>
>At 02:54 PM
>>received a
>>would like
the
>>City has the legal authority to use the Stapleton Ditch. Chuck indicated
to
>>me that you were working on that. Once you have some documentation that
we
>>can use the portion of the Stapleton Ditch that is affected, let me know
and
>>we can finalize the SIA ag~eement.
>>
>>
>>
>
us to use the ditch, but
ditch). No water issues
think it should hold us
county CD director. JA.
to use
here.
up.
6/8/99 -0600, you wrote:
call from Chuck Vidal. We
the new agreement to make
are there except for one point. He
a representation by the City that
>***************
>Julie Ann Woods
>Aspen Community Development Director
>phone: (970) 920-5100
>fax: (970) 920-5439
>
>
>
~ted for Julie Ann Woods.<juliew@ci.aspen.co.us>
1
."... "
-
Julie Ann Woods, 11:14 AM 4/19/99 , Maroon Creek club insubstantia
Date: Mon, 19 Apr 1999 11:14:55 -0600 (MDT)
X-Sender: juliew@comdev
To: Cindyh@ci.aspen.co.us
From: Julie Ann Woods <juliew@ci.aspen.co.us>
Subject: Maroon Creek club insubstantial amendment
Cc: Jeffw@ci.aspen.co.us, Johnk@ci.aspen.co.us, Johnw@ci.aspen.co.us,
rebeccas@ci.aspen.co.us
cindy--
the city is requesting an administrative sign off from the county to
memorialize the proposed trail easement that begins on land deeded to
the
county from Hines directly across from Iselin/Rotary parks. Rather
than the
trail (commonly known as government trail) zig-zagging up the bank
from the
Maroon Creek, the trail would follow along the Stapleton Brothers
ditch to
parcel Q owned by the MCDC. We have an application in from the MCDC
requesting a modification to their subdivision agreement which
recognizes
that this new trail connection would happen. The trail was recognized
both
in the MCDC and Hines PUD's, so we are just trying to get written
confirmation that there is not an issue with the county on this as it
does
cross over county property. If you need any additional information,
please
let me know. thanks for your help. JA.
r
~/
~~ /' )~ I
1\0 ~ ~ Yl
() / t~ //1
J 1:!" J~\ ~
~ I
~
C=~rinted for Cindy Houben <cindyh@co.pitkin.co.us>
1
. __.~_,..._,__",,~_'__.........~''''_ ~._~____~._____",_.~,. 0<. ..__,_.__~__..,...___~__,.<.~~..__~_.,
John Krueger,
--C
11:21 AM
~.
. .
11/22/99, Re: MCDC SIA amendment
X-Sender: johnk@commons (Unverified)
Date: Mon, 22 Nov 1999 11:21:48 -0600
To: Julie Ann Woods <ju1iew@ci.aspen.co.us>, Johnw@ci.aspen.co.us
From: John Krueger <johnk@ci.aspen.co.us>
Subject: Re: MCDC SIA amendment
Cc: Jeffw@ci.aspen.co.us
Julie Ann,
We are waiting for signed copies of the document that has gone out to
the
various parties involved. I talked to Cindy Covell today and some of
the
signees have been slow to distribute the document and get signatures.
I
doubt we will jave a signed document until after Thanksgiving. We
will
continue to pressure all parties to sign and return the document. I
have
heard of no opposition to the agreement.
johnk
At 10:42 AM 11/19/99 -0700, Julie Ann Woods wrote:
>Okay, guys--I think I've been out of the loop. I came acrosss the
last SIA
>version for MCDC from John, wanting commentsw back by Nov. 1. John,
has
>this been finalized? I still have an insubstantian amendment case
open that
>1 need to finalize. Please let me knOw the status, and get me
whatever copy
>you have, since Nov. 1. thanks. JA.
>
>
>
>***************
>Julie Ann Woods
>Aspen Community Development Director
>phone: (970) 920-5100
>fax: (970) 920-5439
>
,---ll
;printed for Julie Ann Woods <juliew@ci.aspen.co.us>
Cindy Houben, 06:14 ~5/13/99, MCDCI Hine parc~fo~ the
M_<.. Due._
trai
1'",.,
,.; -.,
X-Sender: cindyh@comdev (Unverified)
Date: Thu, 13 May 1999 18:14:20 -0600
To: juliew@ci.aspen.co.us
From: Cindy Houben <cindyh@ci.aspen.co.us>
Subject: MeDCI Hine parcel for the trail
JAW: I am rushing to get out of here but wanted you to know that I had
spoken wi the BOCC and they are fine wi my approval on use of the Hines
acquired open space for the new trail alignment of Govt. trail. they wanted
to ensure that the City will be maintaining the trail. Further trail
questions should now include Brian Pettit from our Road and Bridge
Division.
He is now in charge of all trails for the County and working closely wi the
Open Space board on open space and trail issues! Thanks CH
iPrinted for Julie Ann Woods <ju1iew@ci.aspen.co.us>
1 ,
_.-._-~
. .,_,'_"'N.",".___,~__,",<.___-"_~"'_______"_'_'~'~"_
,i',.......
MOD c..
.
Rebecca Schicklinq~20 PM 5/19/99 , Re: parks'vrojects
-_._,-_.~
X-Sender: rebeccas@commons
Date: Wed, 19 May 1999 12:20:38 -0600
To: Julie Ann Woods <juliew@ci.aspen.co.us>, jeffw@ci.aspen.co.us,
johnw@ci.aspen.co.us
From: Rebecca Schickling <rebeccas@ci.aspen.co.us>
Subject: Re: Parks projects
Cc: johnk@ci.aspen.co.us
Julie Ann,
1) . Before John Krueger left he sent to John Worcester the changes that
needed to be done to the SIA for MCDC. Jeff did talk to Chuck Vidal and
the
2 year extension for
2) . Hunter Creek -
appraisal done for a
I
don't think you need to do any insubstantial amendment for this one since
use, etc. is not changing at least at this point. (and Yes, we did hire him
for this research).
3}Jeff has set up a meeting with Amy for next week to discuss a plan of
action for this parcel (but we will probably take it to City Council for an
executive session).
4) I agree that we should get together for the Boyd Jeffries issue,
which
we need some definitive legal advise from John W. When Jeff last talked to
John he thought that we didn't have a legal right to even require
mitigation?? John, do you have time next week?
the bridge was acceptable.
With Stan's information we are now going to get an
value for the land as a negotiating stand point.
But
Julie Ann, I hope that clears up most of your concerns let us know if there
is something else.
Becca
At 04:20 PM 5/18/99 -0600, you wrote:
>hey you parks guys--
>it seems to me that we have about 3 or 4 outstanding parks things that are
>getting tangled up in Com Dev that i would like to get moved off my plate.
>Some are big, some are little. here they are:
>1. Trail Easement through MCDC. Received okay from county.
>process insubstantial amendment, but awaiting revised contract.
does
>contract need to be approved by council before i insubstantially approve
this?
>2. Hunter creek parcel--research being wrapped up by Stan clauson (I
>presume under contract with parks). I am apparently being asked to
approve
>another insubstantial amendment (to a PUD?) but I'm not clear on this.
>would be helpful to know what parks' intent is so i know what to be
looking
>for in the land use code on this.
Could
Johnw,
It
~inted. for Julie Ann W~ods <juliew@ci.aspen.co.us>
~
.. '__~"^"_"'H'~'.H_~~~"~_'_~__"~'~~____"'~"'~'___'_"^~"'~"
!Rebecca Schicklin~20 PM 5/19/99, Re: Parks ~ojects
>3. Holy Cross Parcel. Saraho has done some legal research on this
and
>it appears to be a parcel created from a larger parcel which was conveyed
to
>the city in 1956. It's zoned C conservation, is non-conforming in size.
>the appraisal asumes a rezoning to R-30. I don't know where this came
>from--they claim from my department. I think that the value probably
isn't
>as is represented. Do we want to meet with Amym to discuss this further?
I
>do think it's greatest value is as open space (steep hillside) and support
>the purchase, but i think it may be higher priced than it's worth.
>4. Boyd Jeffrey trees in MCDC. Parks is requiring Boyd to mitigate
for
>the loss of the trees if they are removed (and have been requiring this of
>other MCDC properties according to jeff). At our staff meeting last week,
>Johnw suggested a lot line adjustment, done administratively as boyd owns
>the adjacent property as well. Chris conveyed this info to boyd. Boyd
>still feels he needs the variance on the side where he has a neighbor.
John
>expressed a concern at the staff meeting that we couldn't legally require
>mitigation for the tree (isn't this true, Johnw?). if we want to save the
>trees, i think we'll have to do it either administratively, or take a
chance
>before BOA. I think we need to jointly meet with Boyd to discuss all of
his
>options. I'm tired of this football, and just want to get it done. Jeff,
>once Johnw responds to the mitigation question, could you schedule a
meeting
>with Boyd, preferably on-site?
>5. If annexation of Moore occurs at council on May 24th, it's my
>understanding, Johnw, that 15 days later the area is in our
jurisdicdiction.
>Parks could then proceed with whatever grading they need to do for the
Moore
>playing feilds. If it were in the county, we would require a GRADING
PERMIT
>TO BE PROCESSED. wE HAVE NO SUCH ANIMAL IN THE CITY. THEREFORE, jOHNEW,
IN
>YOUR OPINION, WOULD THEY JUST PROCEED WITHOUT such a permit? (sorry my
caps
>got stuck).
>
>Moore annexation is being discussed again at DRC tomoroow--wed at 1:30.
It
>would be helpful for someone from parks to be there.
>
>Okay, I think that's it. Will you parks guys quit making work for my
dept.?
>that is all. JA.
>
>
_.---_.~
~~
iPrinted for Julie Ann Woods <juliew@ci.aspen.co.us>
"
[-RebeccaSchicklinq;-tz.'!' 20 PM 5/19/99 , Re: Parks"~i-ojects
~
>
>
>***************
>Julie Ann Woods
>Aspen Community Development Director
>phone: (970) 920-5100
>fax: (970) 920-5439
>
>
>
Rebecca Schickling
Assistant Parks Director
City of Aspen
i!'~inted for i1ilie Ann Woods <juliew_@ci.aspen. co. us> ~
3
-~
~~f Woods, 03: 45 PM'li1l9!99 , Re: Maroon Creek c.:..'Ub insubsta
X-Sender: jeffw@commons
Date: Mon, 19 Apr 1999 15:45:32 -0600
To: Julie Ann Woods <juliew@ci.aspen.co.us>
From: Jeff Woods <jeffw@ci.aspen.co.us>
Subject: Re: Maroon Creek club insubstantial amendment
thanks for taking care of this. jeff
At 11:14 AM 4/19/99 -0600, you wrote:
>cindy--
>the city is
>memorialize
>county from
the
>trail (commonly known as government trail) zig-zagging up the bank from
the
>Maroon Creek, the trail would follow along the Stapleton Brothers ditch to
>parcel Q owned by the MCDC. We have an application in from the MCDC
>requesting a modification to their subdivision agreement which recognizes
>that this new trail connection would happen. The trail was recognized
both
>in the MCDC and Hines PUD's, so we are just trying to get written
>confirmation that there is not an issue with the county on this as it does
>cross over county property. If you need any additional information,
please
>let me know.
>
>
>
>
>
requesting an administrative sign off from the county to
the proposed trail easement that begins on land deeded to the
Hines directly across from Iselin/Rotary parks. Rather than
thanks for your help.
JA.
IPrinted for Julie Ann Woods <juliew@ci.aspen.co.us>
1 '
-~
~
,,F''''
John Worcester, 11:37~ 6/22/99 , Re: MCDC/ Hine~arcel for the
Date: Tue, 22 Jun 1999 11:37:42 -0600 (MDT)
X-Sender: johnw@commons
To: Julie Ann Woods <juliew@ci.aspen.co.us>
From: John Worcester <johnw@ci.aspen.co.us>
Subject: Re: MCDC/ Hine parcel for the trail
Cc: jeffw@ci.aspen.co.us
I understand that the proposed trail will encroach on the Salvation Ditch.
If that is the case, we need the owners of the Salvation Ditch to approve
of
the encrachment in writing. Remember the Williams Ranch trail that was
supposed to go over the ditch? They didn;t approve of the trail and the
trail is not built.
John W
At 10':17 AM
>>Will this
>trail? If
time.
>Let me know what you think. JA.
>
>
>X-Sender: cindyh@comdev
>>Date: Tue, 22 Jun 1999 09:40:13 -0600
>>To: juliew@ci.aspen.co.us
>>From: Cindy Houben <cindyh@ci.aspen.co.us>
>>Subject: MCDC/ Hine parcel for the trail
>>
>>>Date: Thu, 13 May 1999 18:14:20 -0600
>>>To: juliew
>>>From: Cindy Houben <cindyh@co.pitkin.co.us>
>>>Subject: MCDC/ Hine parcel for the trail
>>>
>>>JAW: I am rushing to get out of here but wanted you to know that I had
>>spoken w/ the BOCC and they are fine w/ my approval on use of the Hines
>>acquired open space for the new trail alignment of Govt. trail. they
wanted
>>to ensure that the City will be maintaining the trail. Further trail
>>questions should now include Brian Pettit from our Road and Bridge
Division.
>>He is now in charge of all trails for the County and working closely w/
the
>>Open Space board on open space and trail issues! Thanks CH
>>>
>>
>>
>>
>
6/22/99 -0600, you wrote:
work for you both in terms of a
you need something more formal,
county approval for the MCDC
it will take a little more
>***************
Iprinted for Julie Ann Woods <juliew@ci.aspen.co.us>
1
,'"
[John Worcester;-ii-;-37~-6122/99., Re: MCDCI Hine-6i..~-~~l-f~rth~-
>Julie Ann Woods
>Aspen Community Development Director
>phone: (970) 920-5100
>fax: (970) 920-5439
>
>
>
IPrinted for Julie Ann Woods <juliew@ci.aspen.co.us>
2
~
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RECt:IVt:.D
. FEB 8 1999
ASt"'t:l'iIr'llXIN
.ii'rro~"".',"
THE CITY OF ASPEN
OFFICE OF THE Cm ATTORNEY
. February 5, 1999
. ,
Chuck Vidal
Real Estate Affiliates
117.S. Monarch
Aspen, Colorado 81611
Re: Maroon Creek SlA
Dear Chuck:
Following our various' conversations and communications I have again checked with our
Community Development Department and have been advised that the SlA amendments
you proposed in your November 3, 1998, letter could proceed as an insubstantial
amendment. This means we would not be required to take the agreement to Council, but
could be signed by the Community,Development Department Director. In that this matter
is Of some concern to the Aspen City Council, the City Manager has informed the
Council of the proposed amendments as set forth in your letter and they seem agreeable to
the terms. Accordingly, I would suggest that we schedule a meeting with Julie Ann
Woods of the Community Development Department at your earliest convenience so we
can finalize the process.
There are some relatively minor changes that I would suggest to the proposed amendment
to the SlA:
(1) At page 2 there is a typo on the. fifth line of the "Maroon Creek Pedestrian Bridge"
section: "... of the bridge will NOT commence"
(2) Delete the reference to the "Pitkin County Open Space Board" and insert "City of
Aspen Parks and Open Space Funs." No reason. to keep the County involved in this
matter.
(3) At the end of the second to last sentence of Section 2.2 (b) on page 3, add the
following: ... the City shall use the $275,000.00 provided by Pearce as security and Pearce
shall pay the City an additional $200,000.00 for a total.of $475,000.00 towards the
construction of the bridge.
(4) Section 2.3 on page 3 - The second to last sentence should read as follows:
130 SoUTH GALENA STREET' ASPEN, COLORAOO 81611-1975 . PHONE 970.920.5055 . FAX 970.920.5119
PrintooonRecycledPoper
Chuck Vidal
February 5, 1999
Page 2
y<^'-
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, '"
Promptly after Pearce notifies the City that USFS-approved, specifications have been
developed, Pearce shall provide the City all easements required to relocate the
Government Trail (specifically on open space lot 49 imd common Lot Q).
I'm sorry it has taken me so long to come to the conclusion regarding the insubstantial
change requirement. My only excuse is that various City departments had to be briefed on
the merits of your proposal and their input s?ught.
Hoping to hear form you soon, I remain,
Sincerely,
L~?1tf/7~
John P; Worcester
City Attorney
cc: John Kreuger, Parks Dept.
Jeff Woods, Parks Dept.
Amy Margerum, City Manager
Sara Thomas, Community Development Dept.
Julie Ann Woods, Community Development Dept. /
JPW.02l05/99-G:\john\word\letters\vidal5.doc
HAZZARDI DESIGN WORKSHOP
V 970-963-1140
Ili1r2l17/99
r;,'15:42AM
[:'1/1
c
DESIGN WORKSHOP
l.:md!i;cape Architec1llrc
Land Planning
Urban Design
Tourism Planning
MEMORANDUM
To:
Fmm:
Dale:
Re:
cc:
Pmject 11:
Julie Ann Woods/ Sara Thomas, Community Development DepaI1ment
Bruce Hazzard, Principal
February 17, 1999
Mamon Creek Club- Minor Plat Amendments
Chuck Vidal, Andy Hecht
0800
CA)mments:
I received your phone message regarding the approval to extend the plat amendment filing for the
Marooo Creek Club to the end of February. Thanks. 1 want to make sure that we have picked up
every approval that has been granted administratively, as well as through the public hearing
processes. If there is another problem, I will let you know.
As always, feel free to call me if you wish to discuss further.
DESIGN WORKSHOP
Aspen DenvCf- Vail Tempe- Albuqucrque- Santa Fe-Jackson Hole Tahoe- StlO Paulo. Santiago
120 E MaID Stree~ Aspen. ColoradoSl611 (Tel) 970-9258'354 (Fax) 970-920-1387
_....--~_._-_.~.~-.--~.-;-~-_._~.._...._-_.
Kathy Strickland,~--mr1/20/99 , No SubJect
ft cPC
--~
~
Date: Wed, 20 Jan 1999 16:34:41 -0700 (MST)
X,Sender: kathys@commons
To: kathrynk@ci.aspen.co.us
From: Kathy Strickland <kathys@ci.aspen.co.us>
pitkin County Bank called on a letter of credit that you called them about
July of 1998. The letter of credit was not renewed. It related to pitkin
County Body politic and Maroon Creek Limited Liabilltv Co. It referenced
reso 95,86 regulations. I'm not sure what all this means but he said you
would understand.
Kathleen J. Strickland
0AW~
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CITY OF ASPEN
CITY MANAGER'S OFFICE
130 S. GALENA
ASPEN, CO 81611
(970) 920-5212
FAX (970) 920-5119
s
rE:
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JF PAGES INCLU IN~ COVER: J
MESSAGE:
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June 26, t 99~
IRREVOCABLE LElTER OF CREDIT
(~
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Q:,~
p flif 'to
, -e~L--,
No. 1274
EXTENSION
Pitkin County Board of County Commissioners
530 East Main Street
Aspen, Colorado 8161 1
Beneficiary:
Pitkin County Body Politic
Account Party:
Maroon Creek limited Liability Company,
a Colorado limited liability company
Former Expiration Date:
July 5, 1997
July 5, 1998
New Expiration Date:
Original Letter of Credit Da
u 31, 1 996
Re: Pfieifer PUD, Infrastructure, Weed Control
Landscaping and Revegetation Guaranty
Pursuant to Res on 95-86
The Pitkin County Bank & Trust Co. ("Bank") hereby extends the expiration date of
the Letter of Credit bearing number 1274 to July 5, 1998. All other provisions of the Letter
of Credit remain in full force and effect along with all of Its obligations to the Beneficiary.
Sincerely,
By:
~~~TRUSTCO.
Charies B. Israel, President
mlh\ltrs\Ioc.1
MIDVALLEY BRANCH
ORCHARD PLAZA
P.O. BOX 28428
EL JEBEL, CO 81628
970/96303800
FAX 970/963-3956
MAIN OFFICE
534 E. HYMAN AVENUE
P.O. BOX 3677
ASPEN, CO 81612
970111211-6700
FAX 97011120-1675
SAN MIGUEL COUNTY BRANCH
127 W. COLORADO AVENUE
P.O. BOX 38
TELLURIDE, CO 814311
9701'128-6475
FAX 9701728-5644
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July 31, 1996
IRREVOCABLE LEWR OF CREDIT
No. I ~ ?
Pitkin County Board of County Commissioners
530 East Main Street
Aspen, Colorado 81611
Beneficiary:
Pitkin County Body Politic
Account Party:
Maroon Creek Limited Liability Company,
a Colorado limited liability company
Expiration Date:
July 5, 1997
$145,721.00
Amount of Letter of Credit:
Re: Pfeifer PUD, Infrastructure, Weed Control,
Landscaping and Revegetation Guaranty
Pursuant to Resolution 95-86
The Pitkin County Bank & Trust Co. ("Bank") hereby establishes its Irrevocable
Letter of Credit in favor of Pitkin County in the total amount of $145,721.00
available by your draft at sight. The purpose of this Letter of Credit is to secure
performance under Resolution 95-86 in favor of Pitkin County of the obligations for
infrastrucwre, weed control, landscaping and revegetation pursuant to such Resolution,
the Pfeifer PUD Subdivision Improvement Agreement dated February 7, 1 995 and the
amendments thereto dated April 22, 1996 and July 2, 1996, such agreements and
MIDVALLEY BRANCH
ORCHARD PLAZA
P.O. BOX 28428
EL JEBEL, CO 81628
9701963-3600
FAX 9701963-3956
MAIN OFFICE
534 E. HYMAN AVENUE
P.O. BOX 3677
ASPEN, CO 81612
9701925.6700
FAX 9701920.1675
SAN MIGUEL COUNTY BRANCH
127 W. COLORADO AVENUE
P.O. BOX 38
TELLURIDE, CO 81435
9701728.5475
FAX 970n28.5644
c
o
Pitkin County Board of County Commissioners
July 31, 1996
Page 2
the Resolution hereinafter being referred to as the "Obligations." The term
"Obligations" shall be limited to the provisions set forth in the Obligations relating to
infrastructure, weed control, landscaping and revegetation.
Pitkin County shall promptly notify Bank when a default or event of default
occurs pursuant to the Obligations. Pitkin County's notification shall include any
notice or order required to be sent pursuant to the Obligations. Notice shall be sent
in writing to:
Pitkin County Bank & Trust Co.
Attention: Thomas W. Griffiths, Executive Vice President
534 East Hyman Avenue
Aspen, Colorado 81611
Pitkin County is hereby authorized to draw on sight on Bank by draft not to
exceed the amount of $145,721.00 in the event of any default pursuant to the
Obligations in connection with the Obligations for infrastructure, weed control,
landscaping and revegetation. The conditions for payment of any draft drawn against
this Letter of Credit are as follows:
A. The original Letter of Credit shall be endorsed on the reverse side
with the words "Drawn by Pitkin County by the Board of County Commissioners;"
B. The draw evidenced by the endorsement to the original Letter of
Credit shall be attached to a letter on the letterhead of Pitkin County executed by the
County Manager stating that: "There exists a default under the terms of the
Obligations relating to the infrastructure, weed control, landscaping and revegetation
entitling Pitkin County to draw upon this Letter of Credit, which default is as follows:
. . ." (The nature and extent of the default entitling Pitkin County to draw upon the
Letter of Credit shall be explained).
This Letter of Credit is not transferrable. Bank agrees that drafts presented and
negotiated under and in compliance with the terms of this Letter of Credit shall be duly
honored upon presentation and delivery of the documents specified above, if presented
on or before the 5th day of July, 1997 by 2:00 p.m.
c
.........
......,
Pitkin County Board of County Commissioners
July 3 t, t 996
Page 3
This letter of Credit shall be governed by Article V of the Unifonn Commercial
Code as in effect in the State of Colorado. This letter of Credit is subject to the
Uniform Customs and Practice of Documentary Credits, International Chamber of
Commerce, Publication No. 500 (t 993 Revision), except as otherwise expressly
stated herein.
Any communications with respect to this letter of Credit shall be in writing and
addressed as set forth above, to the attention of the undersigned.
Sincerely,
PITKIN COUNTY BANK & TRUST CO.
By:
TWG/mjh/chc
c:\mlh\Pecll\countY.OO2
3954&5 08/01/9& 04:42P PG 1 OF 3
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
1&.00
DOC
UCC
AMBNDMBNT TO TUB PFEIFER POD
SUBDIVISION IMPROVEMENT AGRBBMBNT
THIS AGREEMENT, made and entered into this 2 day of July,
1996 by and between Friedl Pfeifer Aspen Real Estate Irrevocable
Trust No. 1., hereinafter referred to as "OWners" and THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF COLORADO,
as the governing body of Pitkin County, Colorado, hereinafter
referred to as "County".
This amendment is an addition to the Pfeifer PUD Subdivision
Agreement approved and signed in February, 1995. This does 'not
represent any changes to the original agreement, only the addition
of the following terms, written and agreed to in order to meet the
conditions of the pitkin County Board of Commissioners' Final plat
approval.
WHEREAS, the Owners and the County have agreed to the following:
terms and conditions;
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto hereby agree as follows:
1.
No property within. the Pfeifer PUD may be sold or
building permits issued until the infrastructure is
complete or the applicant shall provide financial
security for all infrastructure, to ensure that it is
completed. The amount of the infrastructure cost is
estimated to be $ 81,182. See Attachment A to this
document for this cost estimate.
,l / ."
Prior to recordati3& of the Final Plat, the Owne~s will
provide financial assurfffce of completion of weed
control on the subject prqpert~'over a 10 year period
($2,500) and landscaping costs _($22,039) in addition to
the revegetation cost ($40,000) already specified in
the original Pfeifer PUD subdivision Agreement. See
Attachment B to this document for the landscaping cost
estimate.
\
'\
2.
3. If the Board of County Commissioners determines that
any of the required improvements are not constructed as
provided in this agreement and the original Pfeifer PUD
\
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Subdivision Improvements Agreement, including
reasonable provision for the correction of deficiencies
Upon notice thereof, the Board may draw upon the letter
of credit (or other approved security or financial
assurance) as may be necessary to complete the
improvements in accordance with the specifications
included in the Improvements Agreements. If such
financial assurance is a cash bond, the Owners will
have the right to draw against the cash bond as
improvements are made.
4. Completion of improvements. The letter of credit (or
other approved security or financial assurance) will
remain in effect until all required improvements
(revegetation, weed control, landscaping and
infrastructure) are substantially completed.
5. 60 Day Provision. Each year, 60 days prior to the
expiration of any existing letter of credit, the Owners
will send written notice to Pitkin County of any
request for a reduction in the amount of the letter of
credit. Such written notice should notify Pitkin County
of the status of the improvements and request any
warranted reduction in the amount of the security. If
improvements. are completed and Pitkin County agrees, a
full release of the amount of the leEter of credit can
be made.
6. 3D Day Provision. Each year, 30 days prior to the
expiration of any existing letter of credit, the Pitkin
County Attorney will notify Owners in writing of the
amount of security required, if any, for a new letter
of credit. This 30 day provision letter satisfies any
notice of deficiency required to be made by Pitkin
County to the Owners.
7. 10 Day Provision. Each year, 10 days prior to the
expiration of any existing letter of credit, the Owners
must provide a new letter of credit in the amount
required by the Pitkin County Attorney. If there is an
overlap in the two letters of credit, the County agrees
that it will rely only upon the later of any two
effective letters of credit. Failure to provide a new
letter of credit constitutes a default under the
3'15465
08/01/'16 04:42P PG 2
OF 3
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resolution and such default would entitle Pitkin County
to draw on the existing letter of credit.
8.
Entire Agreement. This Amendment to the Pfeifer PUD
Subdivision Improvements Agreement along with the
original Pfeifer PUD Subdivision Improvements Agreement
constitutes the full and complete agreement of the
parties hereto and may not be modified, except by a
written agreement signed by the parties.
Estate
Friedl Pfeifer Aspen Real
~vooahl. T~' No. 1
BY: !2wJ fJ. YJ(~
Karol D. Mauk,
Senior Trust Officer
Norwest Bank Iowa NA~ (/GUS TEE-
ATTESTED
OF
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
BY: d. ~ - ~ ---.J,.,.-c' a
/'" Chairman
sia2.pfe
3<:15465
08/01/<:16 04142P PG 3
OF 3
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Memorandum.
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TO: John Kreuger, Parks Dept.
Jeff Woods, Parks Dept.
Amy Margerum, City Manager
Sara Thomas, Community Development Dept.
Julie Ann Woods, Community Development Dept.
Randy Ready, Asst. City Manager
FROM:
John P. Worcester
DATE:
January 29, 1999
RE:
Maroon Creek Bridge and Underpass
..................................................................
Attached ple~~d a draft letter to Chuck Vidal and a copy of the proposed amendments to the
Maroon Creee Let me know asap if this is OK as I'd like to get this going asap. Thanks
I[!fdrv /fJk ~ o-J~/W7 <'Arr~k-th-.'
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January 29, 1999
Chuck Vidal
Real Estate Affiliates
117 S. Monarch
Aspen, Colorado 81611
Re: Maroon Creek SlA
Dear Chuck:
Following our various conversations and communications I have again checked with our
Community Development Department and have been advised that the SlA amendments
you proposed in your November 3, 1998, letter could proceed as an insubstantial
amendment. This means we would not be required to take the agreement to Council, but
could be signed by the Community Development Department Director. In that this matter
is of some concern to the Aspen City Council, the City Manager has informed the
Council of the proposed amendments as set forth in your letter and they seem agreeable to
the terms. Accordingly, I would suggest that we schedule a meeting with Julie Ann
Woods of the Community Development Department at your earliest convenience so we
can finalize the process.
The only change I would request on your proposed amendment to the SlA is that the
"Pitkin County Open Space Board referenced on the second page be changed to the "City
of Aspen Parks Department."
I'm sorry it has taken me so long to come to these conclusions. My only excuse is that
various City departments had to be briefed on the merits of your proposal and their input
sought.
Hoping to hear form .you soon, I remain,
Sincerely,
John P. Worcester
City Attorney
Chuck Vidal
January 29, 1999
Page 2
c
cc: John Kreuger, Parks Dept.
Jeff Woods, Parks Dept.
Amy Margerum, City Manager
Sara Thomas, Community Development Dept.
Julie Ann Woods, Community Development Dept.
JPW -0 1/29199-G:\john\word\letters\vidal5.doc
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D.r.aft
1 0/28/98
Recorded at
Reception No
O'Clock _.M.
Recorder
RECORDING REQIJESTED BY
WHEN RECORDED RETURN TO:
Andrew V, Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen. CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the "Amendment") is made this _ day of . 1998
1. RECITALS.
1.1 Declaration.
(a) ,Pearce Equities Group II Limtted Liability Company ("Pearce"), a Utah
limited liability company and County of Pitkin. Coiorado ("County") are parties to that
certain agreement dated September 2, 1993 entitled 'SubdiVision Improvements
Agreement for Maroon Creek Club" recorded November 12, 1993 In Book 730 at Page
608 of the real estate records for the County (the "SIA").
(b) The City of Aspen (the "City") has annexed the Property (as defined in the
SIA) from the County, and in connection with such annexation. the County assigned al!
of its rights under the SIA to the City and the City assumed all of the County's
obligations under the SIA.
1.2 Amendmentto SIA. Pearce and the City desire to a'llend the SIA as set forth
in thiS Amendment
2. AMENDMENT. The SIA is hereby amended as follows:
2.1 Arnendrnentto ParaaraDh 7.
.0:"'0".:";"
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(a) Pearce shall be relieved of all obligations to construct a pedestrian
underpass, as described in subparagraph 7(a) of the SIA. Therefore, the text of
subparagraph 7(a) of the SIA is hereby deleted In its entirety and the phrase
"Intentionally left blank" substituted therefor.
(b) The $175,000 that Pearce has provided as "Security" (as defined in
Paragraph 15 olthe SIA) for the construction of the pedestrian underpass shall be used
by the City as addttional funds toward the cost of the Maroon Creek pedestrian bridge
in accordance with Paragraph 2.2(b) below.
2.2 Amendmentto ParaaraDh 8.
(a) Paragraph 6 of the SIA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Bridae. Pearce shall contribute Three HundredThousand
and No/l00 Dollars ($300,000.00) towards construction of a public pedestrian bridge across
Maroon Creek to connect the Tiehack base area with Iselin Park The Ctty shall be responsible
for the construction of the bridge, obtaining all reqUISite permits and agrees that construction
of the bridge will no commence until one hundred percent (100%) of the funding is available
and that construction wiil be completed within one (1) year of commencement. The City shall
be responsible for obtaining any access easements required on the east side of the bridge.
The contributions due from Pearce will be due within thirty (30) days after written notice 15
given by the City to Pearce that the bridge is completed. Use of the oridge by motor vehicles
except for maintenance purposes shall be prohibited On the west side of the bndge, Pearce
shail provide any required access easements on Common Parcel Q as shown on the Final Plat.
The consent of Pearce to the design and location of the bndge shall be obtained. which
consent shall not be unreasonably withheld or delayed. Prior to any construction. the parties
shall agree on the prOVision of a construction license over lands of Pearce to allow for work cn
the bridge; provided, however, work on the bridge shall not hinder or interfere w~h any
development of the Project or adversely affect any elements of the Project that have already
been constructed. The City shall be responsible for the operation. maintenance and repair of
the bridge, If construction of the bridge does not commence before December 31.2000, then
in full salis faction of any obligation to contribute lowards construction of the bridge, Pearce
shall make an unrestricted donation of One Hundred Thousand and No/loo Dollars
_ ($100,000.00) to the Pttkin County Open Space Board and any "Security" provided by Pearce
.0./ ,. ~~' in accordance with Paragraph 14 for the construction of the bridge (including the $175.000
,/.( (~ which was initially earmarked for construction of the pedestnan underpass) shall be returned
~~ to Pearce.
(b) The Ctty acknowledges and the parties agree that
upon execution of this Amendment Pearce wili have provided an aggregate of $275,000 as
Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon CreeK
pedestrian bridge (Le" $100,000 that has always been earmar~ed for the pedestnan bridge
2
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plus the $175,000 described in Paragraph 2.1 (b) above that was Inrtially earmarked for
construction of a pedestrian underpass), but that only $100,000 of such amount shall count
towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA.
As an example and for the avoidance of doubt, upon completion of the bridge in accordance
wrth Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security
and Pearce shall pay the City an additional $200,000. If construction of the bridge does not
commence by December 31, 2000, the City shall return $275,000 to Pearce and Pearce shall
make an unrestricted donation of $100,000 to the Pitkin County Open Space Soard.
2.3 Relocation of Government_ Trail. Nolwrthstanding anything to contrary in the
SIA, Pearce shall meet with the United States Forest Service (the "USFS") with respect to the
proposed relocation of the Government Trail as shown on Exhib,l A hereto, in order to develop
specifications for the trail (e.g., alignment, dimensions, etc.) that wi II be a pproved by the US F S
(and any other govemmental agency cr agencies whose consent may be required) Promptly
after Pearce notifies the City that U SF S- approved specifications have been developed. the
City shail procure, at the City's cost and expense, any and all access easements that may be
required to relocate the Govemment Trail accordingly (whether or not such easements are
located Within the City). After all required consents. agreemems and access easements have
been obtained and/or procured, Pearce shall be responsible, at Pearoe's cos1 and expense,
for relocating the Govemment Trail in accordance With the USFS-approved specifications.
3. MISCELLANEOUS.
3.1 ReDresentations. The Crty represents to Pearce that the Crty has full authority
to enter into lhis Amendment and that the recitation in Paragraph 1.1 (b) is true
3.2 Defined Tenns. Capitalized words and phrases used In this Amendment and
not otherwise defined shall have the meanings given to such words and phrases in the SIA
3.3 CounterDarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
3
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IN WITNESS WHEREOF, this Amendment to the Subdivision Improverne~ts
Agreement for Maroon Creek Club is executed the day and ,ear first above written.
CITY OF ASPEN, COLORADO
ATTEST:
By:
By:
Name
Title
Name
nle
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, a Utah limited
liability company
By:
James T. Pearce, Jr., Member
8TA n Of COLOIMDO )
)ee
COU 1lITl' or PlTkllll )
The foregoing Instmment was acknowledged before me thIs _ day of
, 1998 by as for the City of "-spen, Colorado.
W1TIlI[88 my hand and official seal.
i'1y comml55lon expires:
. llIotary PUblic
8TATrOrCOLOIMDO )
)ss
4
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COIJ"ITl' or PITKIN )
The foregoing Instrument was acknowledged before me this _ day of
, 1988 by .James T. Pearce, .Jr., l"Iember of Pearce [qultles tiroup II Umlted Liability
Company, a Utah limited lIabllky company.
WlTN[8& my hand and official seal.
i'Iy commIssIon expIres:
"IotaIY Public
s
C.
.......
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nNIBIT 4
D~scrlptloll of Oo_ermnent Trail as relocated
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~hn Worcester ,o~ 5/5/99 -,
",""
Re: MCDC SIA~ent
--,
Date: Wed, 5 May 1999 09:25:17 -0600 (MDT)
X-Sender: johnw@commons
To: Julie Ann Woods <juliew@ci.aspen.co.us>
From: John Worcester <johnw@ci.aspen.co.us>
Subject: Re: MCDC SIA Amendment
I thought you had already decided they were insubstantial. We obviously
need
to make a decision on this issue before we go much further. What are you
going to tell them when they finally submit a final application? Maybe you
should wait to see the final application before making that decision?
JohnW
At 01:38 PM 5/4/99 -0600, you wrote:
>As soon as parks can get the agreement finallized, I can begin processing
>the amendment. John--I'm not suree it is insubstanital--I think city
>council has to approvae SIA changes--your thoughts? Check 26.84.080 B.
JA.
>
>
>
>At 12:48 PM 4/29/99 -0600, John Worcester wrote:
>>Got your memo dated 4/27/99. I'm not sure what your paragraphs 5 thru 9
mean
>>in terms of actual language that you want to see included. Have these
>>changes been discussed with Chuck Vidal? If so, is he agreable? we need
to
>>get this finalized!
>>
>>
>>
>
>
>
[Frinted for julie Ann Woods <juliew@ci.aspen.co.us>
1 ]
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DATE
April 27, 1999
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The Parks Department would recommend the fo1
the SIA Amendment drafted by Chuck Vidal of MCDC dated 10/26/98
1. Incorporate the changes recommended in your attached letter of February 5, 1999.
2. Page 2, 22 Amendment to Paragraph 8, Maroon Creek Pedestrian Bridge-Change
" . . . that construction will be completed within one year of commencement." To
... that constrnction will be substantially complete within one year of
cvmmenrement
3. Page 2, 2.2 Amendment to Paragraph 8, Maroon Creek Pedestrian Bridge-
Change the date of December 31, 2000 to December 31, 2001
4. 2.3 Relocation of Government Trail, Change "... the City shall procure, at the
City's cost and expense, any and all access easements that may be required to
relocate the Government Trail. .. to MCDC shall procure, atMCDC's expense,
any and all access easements that may be required to relocate the Government
Trail...
5. The City shall obtain from the County the approval to locate the existing trail
along the Stapleton Brothers Ditch, across the Aspen Highlands Subdivision
Parcel A, to connect to the trail on MCDC Common Parcel Q
6. MCOC shall be responsible for building or improving the trail from the USFS
Bridge across Maroon Creek, along the Stapleton Brothers Ditch, on Aspen
Highlands Subdivision Parcel A and MCDC Common Parcel Q.
7. MCDC to be responsible for the construction of the trail connection and any
required structures from the trail along Maroon Creek, switch backing up the hill
on Common Parcel Q to Tieback Road to connect to the relocated Government
Trail
8. MCOC responsible for landscaping and revgetating any portions of the
Goverrunent Trail no longer to be used ~ots 3, 4, 5).
9. Attach an Exhibit with showing trails and parcels
,
-
........
"
III
THE CITY OF ASPEN
OmcE OF THE em ATTORNEY
. February 5, 1999
Chuck Vidal
Real Estate Affiliates
117S. Monarch
Aspen, Colorado 8161 I
Re: Maroon Creek SlA
Dear Chuck:
Following our various' conversations and communications 1 have again checked with our
Community Development Department and have been advised that the SlA amendments
you proposed in your November 3, 1998, letter could proceed as an insubstantial
amendment. This means we would not be required to take the agreement to Council, but
could be signed by the CommunitY.Development Department Director. In that this matter
is of some concern to the Aspen City Council, the City Manager has informed the
Council of the proposed amendments as set forth in your letter and they seem agreeable to
the terms. Accordingly, I.would suggest that we schedule a meeting with Julie Ann
Woods of the Community Development Department at your earliest convenience so we
can finalize the process.
There are some relatively minor changeS that I would suggest to the proposed amendment
to the SlA:
(1) At page 2 there is a typo on the fifth line of the "Maroon Creek Pedestrian Bridge"
section: "... of the bridge will NOT commence"
(2) Delete the reference to the "Pitkin County Open Space Board" and insert "City of
Aspen Parks and Open Space Funs." No reason. to keep the County involved in this
matter.
(3) At the end of the second to last sentence of Section 2.2 (b) on page 3, add the
following: ... the City shall use the $275,000.00 provided by Pearce as security and Pearce
shall pay the City an additional $200,000.00 for a tota1.of $475,000.00 towards the
construction of the bridge.
)
(4)
Section 2.3 on page 3 - The second to last sentence should read as follows:
130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5055 . Eu 970.920.5119
PrinledonRe<:vdedPal>e'
,-
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.",
Chuck Vidal
February 5. 1999
Page 2
Promptly after Pearce notifies the City that USFS-approved specifications have been
developed, Pearce shall provide the City all easements required to relocate the
Government Trail (specifically on open space lot 49 and common Lot Q).
I'm sorry it has taken me so long to come to the conclusion regarding the insubstantial
change requirement. My only excuse is that various City departments had to be briefed on
the merits of your proposal and their input s?ught.
. Hoping to hear form you soon, I remain,
Sincerely,
L~/1tf/7~
John P; Worcester
City Attorney
cc:
John Kreuger, Parks Dept./
Jeff Woods, Parks Dept.
Amy Margerum, City Manager
Sara Thomas, Community Development Dept.
Julie Ann Woods, Community Development Dept.
)
JPW.02l05199.G:\john\word\letters\vidalS.doc
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10/28/98
Recorded at
Reception No
O'Clock .M.
Recorder
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the 'Amendmenr) is made this _ day of . 1998
1. RECITALS.
1.1 Declaration.
(a) . Pearce Equities Group 1I11m~ed Liability Company ('Pearce'). a Utah
limited Iiabnity company and County of P~kin. Coiorado ('Ccunty") are parties to th.at
certain agreement dated September 2. 1993 entitled "Subdivision Improvements
Agreement for Maroon Creek Cluli' recorded November 12. 1 993 in Book 730 at Page
608 of the real estate records for the County (the .'Slft:'j.
(b) The City of Aspen (the "City') has annexed lhe Property (as defined in the
SIA) from the County, and in connection with su:h annexation. the County assigned 311
af its rights under the SIA to the City and the City assumed all of the County's
obligations under the SIA.
1.2 Amendment to SIA. Pearce and the City desire to a'Tlend the SIA as set forth
in thiS Amendment.
2. AMENDMENT. The SIA is hereby amended as follows:
2.1 Amendment to ParaaraDh 7.
,
.-.......
,.
(a) Pearce shall be relieved of all obligations to construct a pedestrlac
underpass, as described in subearagraph 7(a) of the SIP.. Therefore. the text cf
subparagraph 7(a) of the SIP. is hereby deleted In its entirety and the phrase
"Intentionally left blank" substituted therefor.
(b) The $175,000 that "'earce has provided as "Security" (as defined In
Paragraph 15 ofthe SIAl for the construction of the pedestnan underpass shall be used
by the City as add~ional funes toward the cost of the Maroon Creek pedestrian bncgE
in accordance with Paragraph 22(b) below
2.2 Amendment to Paraaraph s.
(a) Paragraph 8 of the SIA is hereby deleted in its entirety and the follO\vlng
substituted therefor:
Maroon Creek Pedestrian Bridae. Pearce shall contribute Three HundredThousand
and No/100 Dollars ($300,000.00) towards construction of a pub',c pedestrian bridge across
Maroon Creek to connect the TiehacK base area With Iselin Pa'k .~he City shall be responslolE
for the construction of the bridge, obtaining all requ'slte permits ano agrees that construc:cc
of the bridge will no commence until one hundred percent (100%) oi the funding is availaole
and that construction wiil be completed within one (1 i year of commencement. The City shall
be responsible for obtaining any access easements reqUIred on the east side of the bricge.
The contributions due from Pearce will be due within thirty (30) days after written notice's
given by the City to Pearce that the bridge is completed. Use of the bridge by motor vehicles
except for maintenance purposes shall be prohibited. On the west side of the bndge. Pearce
shail provide any required access easements on Common Parcel Q as shown on the Final P fat.
The consent of Pearce to the design and location of the bridge shall be obtained. WhIC~
consent shall not be unreasonably withheld or delayed. Prior to any construction. the parties
shall agree on the provision of a construction license over :ands of Pearce to allow for work en
the bridge; provided, however, work on the bridge shall not hinder or interfere With any
development of the Project or adversely affect any alements of the Project that have already
been constructed. The City shail be responsible for the operation. maintenance and repair of
the bridge. If construction of the bridge does not commence before December 31. 2000. then
in full satisfaction of any obligation to contribute towards construction of the bridge. Peerce
shail make an unrestricted donatlcn of One Hundred Thousand and Nolloo Dolers
($100,000.00) to the Pitkin County Open Space Board ant: aoy "Se~urity" provided by Pe2rce
in accordance with Paragraph 14 for the construction of [he bridge (including the $175.JOO
which was initially earmarked for construction of the pedestnan underpass) shall be returned
to Pearce.
(b) The City acknowledges and the parties agree that
upon execution of this Amendment Pearce will have provided an aggcegate of $275.000 as
Security (as defined in Paragraph 15 of the SIAl for the constriJction of the Maroon CreeK
pedestrian bridge (I.e.. $100,000 that has always been earmar~ed for the pedestrian br:dge
2
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plus the $175,000 described in Paragraph 2.1 (b) above that was initially earmarked for
construction of a pedestrian underpass). but that only $100.000 of such amount shall ccunt
towards satisfaclion of Pearce's obligation under the first sentence of Paragraph 8 of the SIA
As an example and for the avolcance of doubt, upon completion of the bridge in accorjance
w~h Paragraph 8 of the SIA, the City shall use the 5275.000 prOVided by Peacce as Sec~nr1
and Pearce shall pay the City an additional $200.COO. ,'construction of me bridge docs not
commence by December 31.2000. the City shall 'eturn $275.000 to Pearce and Pearce shali
make an unrestricted donation of $100,000 to the Pitkin Couc'y Open Space 30ard
2.3 Relocation of Government. Trail. Notwithstanding anything:o contrary in tr.e
SIA. Pearce shall meet witn the United States Forest Service (the'USFS") v. t~ respect to tre
proposed relocation of the Government Trail as shown on Exhloll A hereto. in order to deveioc
specifications for the trail (e.g., alignment, dimensions, etc.; that will ce appro'Ied by the :.JSFS
(and any other governmental agency or agencies whose consent may be recUlred). Promptly
after Pearce notifies the City that USFS- approved specificaticns ha,e been developed. tre
City shail procure, at the City's cost and expense, any and all access easements that may be
required to relocate the Govemment Trail accordingly (whether or not suc1 easements are
located Within the City). After all required consents, agreeme1ts and access 2asements have
been obtained and/or procured, Pearce shall be responsible, at Pea,ces cost and expense
for relocating the Govemment Trail in accordance with the USF S-approved specifications
3. MISCELLANEOUS.
3.1 ReDresentations The C~y represents to Pearce that ~he City has fuil authority
to enter into this Amendment and that the reCitation in Paragraph 1 " :b) IS :rue.
3.2 Defined Terms. Capitalized words and phrases used in this Amendment and
not otherwise defined shall have the meanings given to such words and phrases in the SI.A..
3.3 Counternarts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an originaL
3
_::'; ,;: --
,...."
I
IN WITNESS WHEREOF. this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day anc fear first above mitten.
CITY OF ASPEN, COLORADO
ATTEST
By:
Name
By:
Title
Name
Title
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, a Ulah limited
liability company
By:
James T. Pearce, Jr., Member
eTAT[OrCOLO~DO )
}68
COUNTl' or PITKIN )
The foregoing IlI5tJ1Jment was acknowledged before me this _ day of
,1998 by as for the City of 4.SpelL Colorado.
MTNf811 my hand and omclal seal.
I'1y commlMlon expires:
Notary Public
l'iTATr or COL0R400 )
)55
4
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COL~n or PITkiN
)
The foregoing Instrument was acknowledged before me tills d,,,. of
,1998 by James T. Pearce. Jr.. !1ember ofPe,""ce [Qllirk, GrollI' If li,n;:e,J Uaoi,it>
Company, a Utah limited lIabillt,. compall'
WJTN[1j1j my hand and omclal seal.
'1y commissIon expires: _..- _.~_ _
~otaf) Public
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1 0/28/98
Recorded at
Reception No
O'Clock .M.
Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Andrew V, Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB
This AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR
MAROON CREEK CLUB (the "lI.mendment") is made this _ day of , 1998.
1. RECITALS,
1.1 Declaration.
(a) ,Pearce Equities Group II Limited Liability Company ('Pearce'), a Utah
limited Iiabmty company and County of Pitkin. Coiorado ("County'") are parties to that
certain agreement dated September 2. 1993 entitled "Subdivision Improvements
Agreement for Maroon Creek Club" recorded November 12, 1993 in Book 730 at Page
608 oftha real estate records for the County (the "SIA").
(b) The City of Aspen (the "City") has annexed the Property (as defined in the
SIA) from the County, and in connection with such annexation, the County assigned all
of its rights under the SIA to the City and the City assumed all of lhe County's
obligations under the S IA.
1.2 Amendment to SIA. Pearce and the City desire to a'l1end the SIA as set forth
In thiS Amendment.
2. AMENDMENT. The SIA Is hereby amended as follo~lS:
2.1 Amendmentto ParaqraDh 7.
-----.,.,-----_.,~~-~_.~.._._.~.>"--
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"
(a) Pearce shall be relieved of all obligations to construct a pedestrian
underpass, as described In subparagraph 7(a) of the SIA.. Therefore. the text of
subparagraph 7(a) of the SIA is hereby deieted In its entirety and the phrase
"Intentionally left blank' substituted therefor.
(b) The $175,000 that Pearce has provided as "Security" (as defined in
Paragraph 15 of the SIA) for the construction of the pedestrian underpass shall be used
by the City as add~lonal funds toward the cost of the Maroon Creek pedestrian bridge
in accordance with Paragraph 2.2(b) below.
2.2 Amendmentto ParaaraDh 8.
(a) Paragraph 6 of the SIA is hereby deleted in its entirety and the following
substituted therefor:
Maroon Creek Pedestrian Bridae. Pearce shall contribute Three Hundred Thousand
and No/100 Dollars ($300,000.00) towards construction of a publ,C pedestrian bridge across
Maroon Creek to connect the Tiehack base area with Iselin Park. The City shall be responsible
for the construction of the bridge, obtaining all reqUisite permits ane agrees that construction
of the bridge will noGmmence until one hundred percent (100%) oi the funding is available
and that construction will be completed within one (1) year of commencement. The City shall
be responsible for obtaining any access easements reqUIred on the east side of the bridge.
The contributions due from Pearce will be due within thirty (30) days after written notice IS
given by the City to Pearce that the bridge is compieted. Use of the bridge by motor vehicles
except for maintenance purposes shall be prohibited. On the west side of the bndge.?~
shall provide any r~uired access easements on Common Parcel Q as shown on the Final Plat.
'The consent of Pearce to the design and location of1ne'DfTdge-shall be obtained, which
consent shall not be unreasonably withheld or delayed. Prior to any construction, the parties
shall agree on the provision of a construction license over lands of Pearce to allow for work en
the bridge; provided, however, work on the bridge shall not hinder or Interfere w~h any
development of the Project or adversely affect any clements of the Project that have already
been constructed. The City shall be responsible for the operation, maintenanc air
the bridge. If construction of the bridge does not commence before er 31. 20 . hen
in full satisfaction of any obligation to contribute towards construc I
shall make an unrestricted don n of One Hu dred Thousand and No/100 Dol'ars
($100,000.00) to th itkin Count Open Space oard nci any "Securily" provided by Pearce
~'n accordance with Paragraph 14 for the cons ru. of the bridge (including the $175.000
which was in~ially earmarked for construction of the pedestnan underpass) shall be retlJrned
to Pearce. ,
(b) The C~y acknowledges and the parties agree that
upon execution of this Amendment Pearce wili have prOVided an aggregate of $275.000 as
Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon CreeK
pedestrian bridge (I.e.. $100,000 that has always been earmar~ed for the pedestrian bridge
2
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....,
plus the $175,000 described in Paragraph 2.1 (b) above that was Initially earmarked for
construction of a pedestrian underpass), but that only $100,000 of such amount shall ccunt
towards satisfaction of Pearce's obligation under the first sentence of Paragraph 8 of the SIA.
As an example and for the avoidance of doubt, upon completion of the bridge in accordance
with Paragraph 8 of the SIA, the City shall use the $275,000 provided by Pearce as Security
and Pearce shall pay the City an additional $200,000 If construction of the bridge does not
commence by December 31,2000, the City shall return $275,000 to Pearce and Pearce shall
make an unrestricted donation of $100,000 to the Pitkin County Open Space Soard.
2.3 Relocation of Governmel!tTrail. Notwithstanding anything to contrary in the
SIA, Pearce shall meet with the United States Forest Service (the "U SF 5") w,th respect to the
proposed relocation ollhe Government Trail as shown on Exhlb;t A hereto, in order to develop
specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS
(and any other governmental agency or agencies whose consent may be required) Promptly
after Pearce notifies the City that USFS. approved specificaticns have been developed, the
City shail procure, at the City's cost and expense, any and all access easements that may be
required to relocate the Government Trail accordingly (whether or not such easements are
located Within the City). After all required consents. agreeme~ts and access easements have
been obtained and/or procured, Pearce shall be responsible, at Pea,ces cost and expense,
for relocating the Govemment Trail in accordance with the USF S.approved specifications
3. MISCELLANEOUS.
3.1 Representations. The City represents to Pearce that the City has full authority
to enter into this Amendment and that the reCitation In Paragraph 1 1 (b) IS true
3.2 Defined Terms. Capitalized words and phrases used in this Amendment and
not otherwise defined shall have the meanings given to such words and phrases in the SIA
3.3 Counterparts. This Amendment may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original.
3
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IN WITNESS WHEREOF, this Amendment to the Subdivision Improvements
Agreement for Maroon Creek Club is executed the day and jear first above ,'llllten.
CITY OF ASPEN, COLORADO
ATTEST:
By:
Name
Title
By:
-----------
Name
nle
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, a Utah limited
liabil~y company
By:
James T, Pearce, Jr., Member
llTATrOrCOLOtiDO )
)sa
coul\ln or PITKIN )
The foregoIng Inatrument was acknOwledged before me thIs _ dar of
, 1998 by as for dIe CIty of .\spelL Colorado.
WlTI\lrl!& my hand and oMeral seal,
I"Iy commlSlilon expires:
l\Iotary Public
l!iTATr or COLOtiDO )
)as
4
, j
COLll/n or PlTklPII )
The foregoIng Instrument was acknowledged before me this d'H Of
, 1998 by..Iames T. Pearce. ..Ir.. l1ember of Pearce [QlIiUe., (JI 0111> llliillil e<llialJilih
(ompaIlY, a Utah limited liability compall>.
WlTPIII:S8 my hand and omeral seal.
"1y commissIon expIres: _..__._. ,.
"Iola!) Public
5
---
, ,.~
nNIBIT A
DescrIption of (iovernment Trail as relocated
M:\Icttn,(.gr'\""6J'.Avtf.MMOO~\OCCS\6ia ImnJ ~d
6
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