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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 --~""-~"'-~-'--"--"'- - "-... PROJECT: ,....., . "" 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// /' - ?7CJ 'l;1c:?-- /5 J 3 ~~?c,e J/~/ flG') j]o,L JI5_~ +R",/c-C::::;Y6~c2 (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 ::;-- R""C!': "; "-.',\ "- :'.- JJ?Ifi' I. t=f:P) 0) () ;)'u(~O I ~l. -. - " .....'\' AS~~~:'_' :" 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 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 ,-- "J 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 2 .'"' ',.,..", ,-. initially earmarked for construction of the pedestrian underpass) shall be returned to MCLLC. (b) The City acknowledges and the parties agree that upon execution of this Amendment MCLLC will have provided an aggregate of $275,000 as Security (as defined in Paragraph 15 of the SIA) for the construction of the Maroon Creek pedestrian bridge (i.e., $100,000 that has always been earmarked for the pedestrian bridge plus the $175,000 described in Paragraph 2.1(b) above that was initially earmarked for construction of a pedestrian underpass), but that only $100,000 of such amount shall count towards satisfaction of MCLLC's obligation under the first sentence of Paragraph 8 of the SIA. As an example and for the avoidance of doubt, upon completion of the bridge in accordance with Paragraph 8 of the SIA, the City shall use the $275,000 provided by MCLLC as Security and MCLLC shall pay the City an additional $200,000 for a total of $475,000.00 towards the construction of the bridge. If construction of the bridge does not commence by December 31, 2001, the City shall return $275,000 to MCLLC and MCLLC shall make an unrestricted donation of $100,000 to the City of Aspen Parks and Open Space Funds. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, MCLLC shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail across Lots 3, 4 and 5 as indicated on the 'Final Plat, or, in the alternative, on the west side of Maroon Creek along the Stapleton Brothers Ditch to where the Stapleton Brothers Ditch meets Common Lot Q as indicated on the Final Plat, in order to develop specifications for the trail (e.g., alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after MCLLC notifies the City that USFS approved specifications have been developed, MCLLC shall use all reasonable efforts, without any obligation to spend money, to provide the City all easements required to relocate the Government Trail on open space Lot 49 and Common Lot Q (it being understood that to the extent consent of the City is required to relocate the Government Trail accordingly, such consent shall be granted and it being further understood that the consent of Aspen Skiing Company may also be required with respect to any such relocation of the Government Trail). The City shall use reasonable efforts to procure, at the City's sole cost and expense, any and all other easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). Within sixty (60) days (weather permitting) after the City demonstrates to MCLLC's reasonable satisfaction that all easements have been procured by the City to relocate the Government Trail accordingly (including the access easements to be provided to the City by MCLLC on open space Lot 49 and Common Lot Q) and the USFS has approved the proposed relocation, MCLLC shall, at MCLLC's cost and expense commence to relocate the Government Trail in accordance with the USFS- approved specifications. MCLLC shall have no obligation to commence relocating the Government Trail unless and until all easements have been obtained and proof of such easements has been provided to MCLLC and the USFS has approved the proposed relocation. 3 ,., " " 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 B 4 .r"' ........ .~ ". 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 5 ,. ',. ' ., tic /(C.l>c 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 r' " '-. " 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: ?',~ ril-lCI-lO I LJ""'l"'JLJ n,-:lT J'>..Il-lCl f.t --1.-C. Tr.:l ,-,- .-.n, '""'^ 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 2 E'd I -'H~Hr:l II-li":ll-l (rr:n ..j;:..1I...!C) 1.I....JCr:". Ti/I cc. ClUI I '''''If''l , . 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 $100,000 to the City of Aspen Parks and Open Space Funds. 2.3 Relocation of Government Trial. Notwithstanding anything to contrary in the SIA, P~a.;;':' MCLLC shall meet with the United States Forest Service (the "USFS") with respect to the proposed relocation of the Government Trail as shown on Exhibit A hereto, in order to develop specifications for the trail (e.g.. alignment, dimensions, etc.) that will be approved by the USFS (and any other governmental agency or agencies whose consent may be required). Promptly after F..=~.:. MCLLC notifies the City that USFS approved specifications have been developed p~=~~ .hal1 . MCLLC shall use all reasonable efforts. without anv obli!!ation to snend money, to provide the City all easements required to relocate the Government Trail (sp~~;fi.~alll on open space Lot 49 and common Lot Q.) MCElC shall prlXlll', lit MCElC's 0 !it hein!! understood that to the extent consent of the Citv i~ I) ! reauired to relocate the accordin!!lv. such consent shall be I!l'anted and It hem!! furth~ l understood that the consent of Asoen Smn!! Comoanv may also he reauired with resnect to any such relocation of the), The City shall use reasonable efforts to nrocure, at the Citv's sole cost and expense, any and all aeem other easements that may be required to relocate the Government Trail accordingly (whether or not such easements are located within the City). Aft~... aM .l":''i""if'd tomenta, ae.l,~"",,,u~dts and ac,'&~ ...~-i,u~dE8 hen, b""""ll uhL~1'Kd and/or i".lu........."'d., p,,~,,-:.. mall b"" .l,,,..:Jt'uu!ibl,,, at rG~....'" ""..,~L and e.xpGltSG. fv.!. ...,...1u,at.ts:&A Within sixty (60) davs (weather nermittin2> after the City demonstrates to MCLLC's reasonable satisfaction that all easements bave heen nrocured by tbe City to relocate th,l! Government Trail accordingly {Inc1udin!! the access easements to be Drovided to the Citv 3 ".'" 1"'.... .....e" ~LLC on open SBace Lot 49 and common Lot Oland the USFS has aDDroved t!l$ 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 4 ,"'....J r-.wr-wI"T 111........,1' ""'...,...,T ''''L.J~ II I .......T,-, .-.- ,..,..... ,.......... .... ., 'm'" LIABILITY COMPANY, a Biah Colorado limited liability company By: James T, Pearce, Jr., Member q'", 5 1-'1-lC:::1-I!:r IUi""JU f1-'""JTJ~I-lC) I.I..JJC"oTrA CC OrA l'""lf"'l -. '-'" " .." 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 6 , . " t-'Wo-WrT 111.........,1' "''''''''''T "'LJ~ " "..... T,..,. ,-..... ......... ,............. .....~.... ,;../ "' " EXHIBIT A Description of Government Trail as relocated 7 9'd liHC:HR 1~1-=1~ ("'1-=1T -l).lI-lC'l 1.1..,uC-TCl COCO CIA 1.....('1 r- '-' ..., '''''~ 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 8 c ,<'0", ~ 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 r """" ....... '-;",,11I ;', 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 ~ ''''-_._,Ji ,...., '. I' 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<^'- i.../ ".' "' , '" 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~ ~ lxJ 4~ K&1)G ! L-C . . >, ;\~{! ',' , ~ I{"e 1 ~r1nted tor Kathryn KoCh <kathrynk@ci.aspen.co.us> c ~f.llS-2~1!. 7--- - TL; ~ 6t4 A J~ S; /jJ8. D= ) o'-"-~" ~ "'-' -/. ~(, . , f't-"\'t ,7-/. f.... Ll-( Co J ". /'d-r-- a., ~ J r-('ce.rl~ A (fA'" / e Ikr 'V ",-;C- C-r~-Lqt 7\ ~)C7Z:;,.,...J, - .., {./~ "'"'-.. --tJ.-,? J"'L-.. t~ . ~. I- ~ ~--y> W~ _ ~~"-' -I-- '>-f n.. r -h--.. 0 ' ~ b....:/- ~'---h....S~ 0,4. CITY OF ASPEN CITY MANAGER'S OFFICE 130 S. GALENA ASPEN, CO 81611 (970) 920-5212 FAX (970) 920-5119 s rE: X#: .OM ~t... l!o~ JF PAGES INCLU IN~ COVER: J MESSAGE: Wcv~ w rn~ * le4u, 4 ~l t-- LJ ~ - '0tioLt -IX ~ \~\ c\ V\ ,..'-" ,--,~ June 26, t 99~ IRREVOCABLE LElTER OF CREDIT (~ ~L 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 ~ o -" -.....I 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 \ c :) 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 c ,.....,., " ;I 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 c r...." fi;(. Ht.-V c.. J-d::Tp/.,.... ~ "/~ .....-' . , jr,.,Q9 - r' Q. :; ~ .... J rtt) '~, I Memorandum. I .'.\.I.'~"i.~ ,\\,,' ' ~:.:.t ~ ~ 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-.' ~"'- J'r ~~ A~ ~ s~;rcJ ;)(,. ~i, .O~cr {~~/c J/If & ~d--.-.~ L~1rJ 1 -_._.-~.,,----~._._--._---'-'-'-- - ...~..-._,,--~ c " ",j /Df-~ t+~r 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 /'" ,,/ .~. ',~-;:-:';{: ,,", -'. '. ,-~ '.. ",. 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".:";" : -~<:-:.~> . ::.- ~. -, :i.~' - (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 .". ..""..... '.,.J :;";:;";'.' -~. . . - \.,. ~ 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 :~ ~:':~I';" ;F,.:'~!: -:0: \... ,_:.., " ,i 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 .. _. ~:~ :F..(il~: ~il:'-':~~-:>,>, ':"~: \.,,,, ,:,. "- , 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. ....... ",) nNIBIT 4 D~scrlptloll of Oo_ermnent Trail as relocated M:\ktr.i"~If9f".1,..,,:6)'.AJH~~"'.\~OO\\O(;GS"\li.la ar~n3 ""1=d 6 -..:; . l.(1~ - OJ -.::r . ~~ I , " /& /:{: 1,4; /(/j I" I II() /t '''-: I IV) ':::) '\., 1 I , , ~ 'ZI:~ (, , \ J I I I , I / I 1 I I I I I I I I I I I I I I \ I \ I / I I I I I I / '- "- I I \ \ \ \ \ '- \ '- ...-", """,.."" '- '- '- cf l '- '- '- '- "- '- "- "- "- '- "- '- ~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 ] , ,_--",--"~--~~<--'-"""-"--'- T rft9 ;11 o o r;',' ,,:~ ,- /~::r; .:riA l (e ;1#1'1 -:7iILrE /d'-# -<I;i ) 1999 J. i. I rtI P.. W",f) Ull/lfr y~ tI 171//1/1:: . T.E~r.l/ 7r!E,j~t?~ ~,/t€ l'tPr<" WI /H /'T-: ~. ~ ~ ...... . :>/7111 C"J; f:. ~ W/l 7f:-. '*; -4f7...-o~ DATE April 27, 1999 ~ IdE t9,4..,J,..~ ~~ [tA-Ij ~l 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' ,- 'II "i .", 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 ) ,r-"'-" ,. ~ ' ~ 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 #'", .r""" I ' ... , 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 '. I '\.. ,. 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 5 .. ~...".. J ,"c.-<' IXf1IBIT ... Description of liovernment Tral! as ,'clocated M:\Iltt'r:7.i4l'\\...,;:6)',.AVH'.~~OOo\'\OCCS'6ia atnn3 ~d 6 t;t, ~~ ti) 0+. ~r~OA'i . 4'~'~' @ NIT!P' W ~~ ,c. 01, N~'W'" 1 "" A. n,~,,}r , CD ~. ~'t--l1'ol '" A' !4'q1,>7' , (!) Qj' ~!i.'Qt'* W A,ot~t~l! K (!) OJ '''19'09' W A .1O't)'ja' , '" CH'N"'3'''''o(, >I \OJ A'II'37S,' K G) NoO~ II W/.,~ @ Qi. 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(\ 1\ I I I I 1 I " 1 I I I I I I I I I I I / I , I \ \ \ I I I ( I I I I I ""- , I I \ \ \ I \ / o , \ , ""- , , , , , , , , ... ... , , ""- ... "- ~ , ' / / I. t,'"- ' " /1";V liS , ',Vu' .,,( \'f~~ \' . ;; r;, :!'..'fl: QJ:ifi 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. -----.,.,-----_.,~~-~_.~.._._.~.>"-- ;:;: ~.V " (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 .~, E:-J ~L':': ...., 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 -".~"-- .'-'-'-"~--"'~~-'---'-----' : ~:: ~ f';~ ;'1JI':: ..., " 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 ~-