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HomeMy WebLinkAboutcoa.lu.co.202 Lone Pine Rd.A060-98 r"- ~ :~~R~El,lO:J2~:;i "~73 I.:;:m. 'OATE"~CVD j7" 79H ':.tCOPI~S=rr--C,ASE N,Olt,CIH)9c; , '" -' \,.."..1 . 'f . CAScNAME~!'''I~ I r.1o.:"( 'I"! S.;I;,;J .'I!, ,,:1 ~:';:',~:.:..:: I" .1'" ~:)(::.nlp~I(W r'!.:l 'PLNR: r."T~:': Hr..:.... . ;",:':":"..:;. ". ......... ',,1,. r.:',:: " " .' ,.", .C,:, ,,: "'. r....". ".. ',. :1,,'1' I ~~~~..APD~J'.'''' L.", I,: . I,~ H:", , . C;:ASE r.Y~!I....m,1 .1:,,',... '.'" 1.." 1:~.,,1.11'11.~,... ',"~ S:T'E~S: : . , ,O.)tVN:"A'PP:!"::ml::a &. P:',II.r "::::: R.~~.:[SI.I"'~! '!Wln :~l '~' :';1"1 ,~"SS''':~;,: :':';' ~~":~:D'U_E1?";" .,1. -- :: (; .,. , :~EFER~ALSl , :F~ES,RCliof3"!; ,":" " ~~,~:1f):~;) nr;:::~ :~ ,STAT: I " "ADFl P.O :~::)( SC7 .~DR.: 2:~O r r-::::~ ~Il~. ,:,. ~~. "'. ", .'::!SiZt /.~:;!!I"I ::c H 161;; . . : ~lS!Z,: ':\~,~i~Y. C~j r. I € 1 1- " , ':,: '::,,':=~ ".~Ft. ' "(~:~t=:V.'Fi r' r--- r--- r ,I . " R~MAII.KSI ".',", ' . .\ C,LO.SEOif,l / r.s ',BY:'! rvyl1. ~L~(Sv~,Mrr~: ! " " Byl NOTICE!)"" , , . -=>:':,':.' .,,: DUq .\: ".".. .' ',. :~71. '"," ': " ',.. .;'" "l?A ~f Of:.,FiN_~'" ACT~ " , ',~.ITY;s,~UNi:'L:r ",' " ,,', . Pi: .' , I ':,...~ ,', ,l!OA: .":, ':.' .ORAC:' , "\" '.:' :ADN\lN~ PLAi lBK.P<ll:! .:' :'~ ' : . i ' t,., " . ": .'-"'" i"""",, TO: FROM: RE: DATE: On behalf of Peter and Monica Mocklin and Creekstone Builders, Sunny Vann has applied for condominiumization of the multi-family structure on Lot 7 of the Mocklin Subdivision, which is located at the intersection of Gibson Avenue and Lone Pine Road, just west of Vine Street. The Mocklin Subdivision was approved by the adoption of Ordinance Number 35, Series of 1995, The approval requires the deed restriction and subsequent rental of seven (7) of the eight (8) dwelling units located within the existing apartment building on Lot 7 as deed restricted affordable housing units, The eighth unit, and various associated accessory areas within the building, is to be retained by the Mocklins as an unrestricted free market unit for their personal use and benefit. As title to the eighth unit must be conveyed to the Mocklins upon the sale of the property to Creekstone Builders, condominiumization is needed. The specific requirements imposed by the City with respect to the deed restriction of the apartment units are contained in the Mocklin Subdivision Agreement which was recorded concurrent with the Subdivision Plat. Section B.S. of the Agreement specifically provides for the condominiumization of the property . The application was referred to the Engineering Department, who examined the proposed plat and found it to be acceptable, The application is consistent with the condominium plat requirements of Section 26.88.070(B)(1)(b), and there are no other land use issues involved, Staff recommends that the Community Development Director approve this condominium plat. APPROVED: ~_. -Sta- '"""'-;;_ Ca';;-m"ity Dev.,a.m.rn D;'eelm .-..\ /~, Patti Anderson, 11:56 AM 3/9/99 - Mock1in X-Sender: pattia@comdev Date: Tue, 09 Mar 1999 11:56:03 -0700 To: com dev@ci.aspen.co.us From: Patti Anderson <pattia@ci.aspen.co.us> Subject: Mock1in FYI- The Mock1in subdivision(202 Lone Pine Rd.) has been oficially addressed as Miners Trail Rd.: Lot1-(8-718)-165 Miners Trail Rd. Lot2-(8-621)-155 Miners Trail Rd. Lot3 -145 Miners Trail Rd. Lot4 -135 Miners Trail Rd. Lot5-(8-676)-125 Miners Trail Rd. Lot6-(8-810)-115 Miners Trail Rd. Printed for Mitch Haas <mitchh@ci.aspen.co.us> 1 . r" '-, VANN ASSOCIATES, LLC Planning Consultants July 27, 1998 HAND DELIVERED Mr. Mitch Haas Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lot 7 Mocklin Subdivision Condominium Exemption Plat Dear Mitch: Please consider this letter an application for subdivision exemption approval for the conversion of the existing apartment building which is located on Lot 7 of the Mocklin Subdivision to condominium ownership (see Exhibit 1, Preapplication Conference Summary, attached hereto). The application is submitted pursuant to Sections 26.88.030.A.3. and 26.88.070 of the Aspen Land Use Regulations by Creekstone Builders, Inc. (hereinafter "Applicant"), the prospective purchaser of the property (see Exhibit 2, Title Insurance Commitment). Permission for Creekstone to submit the application has been granted by Peter and Monica Mocklin, the property's current owners (see Exhibit 3). Permission for Yann Associates, LLC, to represent the Applicant and an executed application fee agree- ment are attached as Exhibits 4 and 5, respectively. Background The Mocklin Subdivision was approved pursuant to City Council Ordinance 35 on September 11, 1995. A final plat, access road plan and profile, grading and drainage plan, sanitary sewer plan, water plan, private utilities plan, landscape plan, and a subdivision agreement were recorded with the Pitkin County Clerk and Recorder on June 14, 1996. An insubstantial plat amendment was approved by the Director of the Community Development Department on June 12, 1998. A First Amendment to the Final Plat of the Mocklin Subdivision and an amended sanitary sewer plan memorial- izing the insubstantial plat amendment approval has been submitted to the Depart- ment for signature and recordation. The Mocklin Subdivision approval requires the deed restriction of seven of the eight dwelling units located within the existing apartment building on Lot 7 to affordable 230 East Hopkins Ave, . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310 , ~ r'""'I Mr. Mitch Haas July 27, 1998 Page 2 housing guidelines and their subsequent rental as deed restricted affordable housing units. The eighth unit, and various associated accessory areas within the building, is to be retained by the Mocklins as an unrestricted free market unit for their personal use and benefit. As title to the eighth unit must be conveyed to the Macklins upon the sale of the property to Creekstone Builders, condominiumization is required. The specific requirements imposed by the City with respect to the deed restriction of the apartment units are contained in the Macklin Subdivision Agreement which was recorded concurrent with the subdivision plat. Section B.s. of the Agreement specifically provides for the condominiumization of the property. Review Requirements An application for subdivision exemption approval to convert an existing development to a condominium form of ownership is subject to review and approval by the Community Development Director. An application need only demonstrate compli- ance with the condominium plat requirements of Section 26.88.070.B.1.b. of the Regulations to receive approval. The various requirements have been addressed by the Applicant and are reflected on the accompanying Condominium Exemption Plat. As the Applicant wishes to close on the property in as timely a manner as possible, your prompt attention to this matter would be sincerely appreciated. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ann, AICP ,SV:cwv Attachments cc: Stephen D. Keller Arthur C. Daily, Esq. Ronald Garfield, Esq. c:lbuslcity.applapp35997.exe ,,-..... ,.-., EXHIBIT 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Mitch Haas DATE: 7/23/98 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: Mocklin Subdivision Condominiumization of the Multi-Family Structure on Lot 7 Sunny Vann of V ann Associates Peter and Monica Mocklin Subdivision Eemption for Condominiumization land Use Code Section(s) 26.88.070 Condominiumization 26.52 Development Review Procedures 26.52.030 Application and Fees Review by: Staff for complete application, referral agencies for technical considerations, .community Development Director for final approval. No. Engineering (DRC) Planning Flat Fee $245 Enginering, minor ($ I 10); $355 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Due To apply, submit the following information: I. Total deposit for review of the application 2. Signed fee agreement 3. Proof of ownership 4. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 5. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above, 6. An 8 112" by I I" vicinity map locating the parcel within the City of Aspen. 7. Old (existing) plat. (from City Engineering or County Recorder) 8. Proposed plat from a registered land surveyor. 9. Copies of prior approvals (from City Clerk) 10. ~Copies of the complete application packet (items 3-9) Process: Apply. Planner reviews case for completeness and sends to Engineering. 2-3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director signs. Applicant then can record the final plat at the County Clerk and Recorder (fee). APR-16-se 08,35 FROM,HOLLANOHART IO,8?082?4?65 PAGE 2/6 , ,If"""., ,-.., " EXHIBIT 2 ""FIIT cowa~ POR T:t'l'LB ~ S~uLJl: A 1. Effective Datal 10/24/97 at 08:30 A.M. Case No. PCT1.2355C3 2. Policy or POlicies to be issued: (al AL'l'A OWNER'S POLICY- FORM 1992 Jl.-1f<vr~~c Amount~, eea, '4 'QO PremiumS 3,497.00 RATE: Bml-Dlv.IDER Proposed Insured: C1UlBKSTONE BUILDERS, INC. (bl ALTA LOAN POLICY - FORM 1992 Amount$ 3,500,000.00 premium$ 70.00 Proposed Insured: RATE: COMPANION SOUT:l3:WES'l' SANK OF TEX1\.S, ITS SUCCESSORS AND/OR. ASSIGNS " (c) AL'l'A LOAN POLICY- FORM 1992 proposed Insured: PETER MaCKLIN ANt) MONICA M. MaCKLIN Amount$ 3,600,000.00 premium$ 3,172.00 AA'rE 1 3. Title to the eS'Cllte or interest in the land described or :referred to in this Commitment is at the effective date hereof is vested in: PETER MaCICLIN and MaNtCA M. MOClCLIN 4. The land re~' to in this COllllllitment is situated in the Counti.as of prTtCIN, S e of colorado and is described as follows: LOTS 1, 2, ,4, 5, 6, AND 7, MaCKLIN SUSDIVISION, according to the ..,la-t thereof, recorded June 14, 19ShS in Plat Book 39 at Page 92. PITICIN COUNTY TI'1U:, INC. 601 E. HOPKINS ASPD, co. 81611 ~10-92S-1?66 970-925-6SZ7 FAX AtJ'l'liOIUZED AGENT Schedule A-PG.l This COI1lll\itlllent is invalid unless the insuring Provisions and Schedule~ A and Bare attaohed. 2'cl .lJo03-l ~ ~: n 86. ~ &il:l - ....-.~..'7"""...~.-<.... APR-16-se mS,36 FROM,HOLLANOHART IO,S70S274765 PAGE 3/6 r"- ~ fNT 8C1:t.L'a.JuLB B - SRC'rXOH 1. :R1!IQu.t."._il.dS The following are the requix-ements to he complied. with.: ITEM (a) Payment to or for t.he aCCQunt of 1:he grantors or mortgagors of the full c:o:csidera::.ion for the estate or interest to be insured. ITEM (b) Proper instrument(s} creating the estate or interest t.o be insured must be executed and duly :Hied for ::;ecord to-wit: 1. Deed frQ1ll: PETr:lR MOCKLIlf and MONICA M. MOCKI.IN To : CREEXS'l'ONE BUILDERS, mc. NOTE: Evidence satisfacto~ to the company as to the authority of the person is) executing the above document (s) must :be provided, sW=.j act to ~ additional requirements deemed necessary. 2. Evidence satisfactory to the CO\lIPany that CREEXSTONE BUILDERS,' mc. is a duly existing and valid corporation exist:ing pursuant to the laws of the State of , must be de~ivered to and approved by the Colllpany. 3, Deed of T%ust fl:om : CREEKSTONE BUI'tJ')~ll'g, INC. to the Public T=st.ee of the Co=ty of PITKIN for the use of : SOUTHWEST BANK OF 'l'BXAS to secure : $3,500,000.00 NOTS: The above Deed of T=st to :be a let tleedof Txust on two of the lots to be insw:eci heraunder, the two lots to be designated prior to clOSing. ~Deed of T:r:ust from : CREEICSTONE BOILDERS, INC. to the Public Trustee of the County of PI'l'XDl for the use of : PE'l'ER MOCICLIN AND MONICA M. J/lOCXLIN to secure ~$3,'OO,OOO.oo s. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1379) and Ordinanoe No, 13 (Series Qf 1390) has been paid or exempted. ' 6. Certificate of nonfore19'n status exeClJ.ted. by the transferor (s), (This inst:rnment is not: required. to he recorded) 7. Ccmpletion of Form DR. 1079 regarding ehe witholc1ing of Colorado Tax on the sale by certain pereons, corporations and fiXlllS selling Real Property in the State of colorado. (This inse=ment is not: required to be recorded) S, Evidence satisfacto~ to the CoInpany that the !leclaration of Sale, Notice to County lu3sessor as requ.i.reQ by H.B, 1288 has been complied with. (This inst=1llent is not l:eql.l.it'ed to be recorc:l.ed, but must be deUvered to and retained by the Assessors Office in the county in which the pl:operty is situata~) g'd l!{)3!i iT't3I~ ~:n as, 90 ~ APR-16-8e 08,36 FROM,HOLLANDHART 10,8708274765 PAGE 4/6 1""". ,-, FIIf sem:DU:LE B smn%ON 2 EXCBl"nO'.NS Th~ policy or polioies to be issued will con~ain exceptions ~o the following unless the same are d1s{lOsed .of to the satisfaction of the Company, +. Rights c= claims of parties izt poasea..:i= :lOt shown by ~ public reeo%'dll. 2. Bas_"". or claiN of e&SetllEIftts, not lIIloWl1by the pgblic records. 3. ll~ea. canflic:ts i:Il. bcu=~ l:i%les. allOrtage in area, etICn:O"..........es. any :&o:=s whieh a =>%rect: ~ and il:l$pect:iC>n of the pnll1ises wou1d cl.isclose and Wl:I.ieh a.re l:Ult shewn by the public rQC!Ords. 4. A:l.y lien, or right to a lien. for eerv:ices, laboz. or llllltetiaJ. heretofore 01:' hereldt:er f=nished. imPesed by 101.1# ~ =t abow=. by the puJ;>1i.I> reC!Crd:>. S. oefecr.s, li""'-S, tmCUlllb~. advers4ll claims Q%' other Illlll:t;ers, if a;tJ.y, creau.!, fust appearing ill. the publiC records or attachi=.r en2laequent: 1;0 the effectire date hereof wt prior to tl1e elate the proposed. insured. acquires of recO>:<l for "Ialw. the estate or interest or lIlOrtga!Je thare011 =-red by l:hi.s eomm:itmel1t:. 6. Taxa.. due. and p;o.:y1Ible; and <my tax, speciaJ. assessment, cba.::ge or 1ie:a imposed fO%' water or sewe:- service or !or arJ:f othe% special tax'.ll(! diSl:riet. vi. Right of the proprietor of a vein or lode 1:0 ext.ract or remove his ore therefrom, should the same l;)e found to peneerate or intersect the premises hereby granted as reserved in united States Pateftt recorded December 24, 1902 in Book 55 at Page 1~6. vB, Terms, =nditions, provisions <md obligations as set forth in Agreement, recorded N~r 18, 196. in Book 224 at Page 220. 9. All righI:, title and interest in <md to property located 31: a dept.h below 500 feet 1:leneath the surface and including those portions or / 7 ;my and all lateral extensions thereof h'OlII below such depth the ~(Y ',; . tops or apexas of which veins, lodes or ledg@s lie inside surface J 'I' "cJtU :bOlmdary lines as rel:~d by The Aspen Consolidated Mini~ Company Ao in Deed recorded December 18, 1967 in Book ;l3J. at Page 612. ~ 1'erms, conditions, provisions and obligations as set forth in A,greement between Peter Macklin and city of Aspen Water Department, ~CO~ April 16, 1993 in Book 708 at page 917. vri-. ~erms, conditions, provisions, obligations and all matters as set forth in OrClinance No. 72, Series of 1992 })v the City Council of the city of Aspen, :recorded Dec:elllber 9, 1993 in" Book 734 at Page 429. ~ Terms, conditions. previsions, obligations and all matters as set forth in Resoluti<m of the the City council of the City of Aspen recorded March 24, 1995 in Bock 777 at page 114 as Resolution No. S. Terms, conditions, prOVisions, obligations and all matters as set foreh in Ordinance No. 35, series of 1995 ~ the Aspen City Council recordea October 30, 1995 in Book 798 at Page 44 and recorded December 20, 1995 in Book 802 at Page 765. ~ {Continued} j7'c! 11__' (7"'"T""'1"- "".._ '__ __ __ __.._. APR-16-ge 08,37 FROM,HOLLANDHART ID,8709274765 PAGE: 5/6 r-., ,,-, fliT l~'~erms, conditions, pravisions, obligations and all matte~s as set 7 - forth in SubcUvision Agreement reco~ed June 14, 1996 as Reception No. 393680. ;J'~ Easements, rights of way and all matters as disclosed on Macklin Property Rezoning Map of subject p:l:Operty reoorded. :December 9, 1993 in Plat Book 33 at Page 39, Easements. rights of way and all matters as diseloeed on Mock1in SUbdivision Plat of subject property recorded June 19, 1996 in plat Book 39 at Page 92. .76. This commitment is invalid unless the Insuring ~rovisions and Schedules A and B are attached_ Schedule B-Section 2 Commitment No. PCT123SSC3 SOd lJo03ol a:-T.'II~9 1oS:1S€: t't 86. 90 ~ APR-t6-SS 0S'37 FROM,HOLLANDHART 10;9705274765 PACE 6/6 r- r-, RIT lIm:tnOlQL ntI'OUAnOlli un n:ser.osuus The Owner'p Policy to be issued, if any shall contain th~ following itelllS in additiOrt to the ones set forth above: (1) The Deed of Trust, if any, required under $che~ule B-Section 1.. (2) Water rights, elulllS or title to water. (NOTE, THIS EXCEPTION WILL APPBAR. ON THE OWNER' S AND MORTGAGE PO!.oICY TO BE ISSUED EERE'ONtlER) Pursuant to Insuranoe Regulation 89-3; . NOTE: Bach title eZl.Uty _hall notify in writing every prospective insured in an owner's title u-:suranee policy for a single family residence (inctuding a condom1nim or t~use unit) (i) of . that title entity' 6 general requirements for the deletion of an exception or ~clusion to coverage relating to unfiled mechanics or materialmens liens, except. when said coverage or insurance is extended to the ~ed under the terms of t.he policy. A satiafactory affidavit and a.greement indemnifying the COtllPany against unfiled mechanics' and/or Materialmen's ~iens executed by the persons i.."dicated in the attached copy Qf said affidavit mus~ be furnished to the CQlllPallY. Upon receipt of these ieems and any oehers requirements to be specified by the Company upon request, Pre~printed Item NUmber 4 may be deleted from the Owner's poHey when issued. Please contact the Company for further information. lliOtwithetanding the foregoing, nothing contained in this Para.gra.ph shall be deemed. to impose any requirement u};lon any title inwrer to p:rovide mechanics or mal:erialmefls lien coverage. NOTE: If the Company condu~ts the O\ol!l.ers or loan closing under circUlllS~ances where it is responsible for the recording or filing of legal documents from said transaction, the Company w:.ll be deemed to have provided "Gap coverage'. ~suant to Senate Bill 91-14 (CRS 10-11-122)1 (a) The SUbject Real Property may be located in a Special Tax~ District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer' 5 Authorized Agent; (c) Information regarding Special Districts and the boundaries of such distric:ts may be obtained from the Board of CoW1.ty Cotmnissioners, the County Clerk and Reaorcier, or the County Assessor. NOTE, A tax certificate wi~~ be ordered from the County Treasurer by the company a.r:l.li the costs thex-eot charged to the proposed insuredunless w:ritten instructj,cm to the contrary are received by the company prior to the issuance gf the Title Policy ancicipated by this Coll'lllLitment. This commitment is invalid unless the Insurins i'rOvu:!.ons and. Schednl~lil A and !. are attached. Schedule B-Section 2 COlllllU.tttl.ent No. PCT1.23SSC3 9'd .u-o:;H 0"'13~ ~: tt 96, 90 Wl:I .r"'" .~ EXHIBIT 3 April 20, 1998 HAND DELIVERED Mr. Mitch Haas Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Mocklin Subdivision Insubstantial Plat Amendment Dear Mr. Haas: Please consider this letter authorization for Creekstone Builders, Inc., to submit an application for an insubstantial plat amendment for the Mocklin Subdivision. As the prospective purchaser of our property, Creekstone and their representatives are authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. \,"WO,y, J ...--... ~ ?ii Moc~m t/JJL - Peter Mocklin c:lbuslcity.!trlltr35997.mh2 n[~-~U-~o lUC IU.JI APR i::8 '38 es; l1i'IM '{ANN SUMMERS COOK r'\. [. UC: .1""'"\. P.i:: EXHIBIT 4. April 20, 1998 ~"]) DELlVEllED Mr. Mitch Haas Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Haas: :Please COllsider this letter authorization for Sunny Vann of Vann Associates, LLC. Planning Consultants, to represent us in the processing of our application for an insubstantial plat amendment for the Mocklin Subdivision which is located adjacent to the intersection of Gibson Avenue and Lone Pine Road in the City of Aspen, Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Sh<:lUld you have any questions, or jf we can be of any further assistance, please do nnt hesitate to call. Sincerely, CREEKSTONE BUlLDERS, me. ~ ~ <:1.1:). .ll.eller . 4545 POSt Oak Place, Suite 100 Houston, TX 77027 (713) 621-5300 e: 1b..\ci.y.llrUlr3S997.lIlh 1 nr~-~u-~O IUt IU:jl ~R 20 '96 09'12AM VIlN~MM~ COOK , P.03 r-, . P.3 EXHIBIT 5 ASPENlPlTKIN COMMti"NlTY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspm Development Applic:ation Fees (pleastl Prillt Clearly) ClTYOF ASPEN(~CrrY)lI11ci'~~ ~/~ (hereinafter APPLICANT) AGREE AS FOllOWS:. . 1. APPLICANT has submitted to CITY an application for /~ ~~..."G ~~~-1I'~~~,THEPROJECT). 2. APPUCM-r understands and agTees 1hat City of Aspen Ordinance No, 43 (Seri~ of 1996) establishes a fee StruC1Ur~ for !anti use applications and the payment of all processing f~ is a <:onditiOI1 precedent to a deterrn;nMlol1 of application completeness. 3. APPLICANT 3lld CITY agree that because of the size, = or s<:op<: of the proposed project. it is not possible at this time to ascer..am thefulI extent of the costs involved in pt.ocbssing the application. APPLICANT and CITY fi.1Ither agree that.:t is in the interest of the parties to all<:>w APPLICANT to toake paymlml of an illitia! deposit ane! to thereafter permit additioll3.l costs to be billed to APPLICANT on a monthly basis, APPUCAi'IT agrees he will be benefited by retaining greater <:ash liquidity and will make additional payments UPOI1l1otiii.=on by the CITY when they ate necessary as costs are incurred. CITY agzees it will be benefited tlu:Qugh. the greater certainty of recovering its full <:osts to process APPLlCAl"lTS appli<:ation. 4, CITY and APPLICAJ.'\fi further agree that it is impx-ac:ticable for CITY staff to eomplete pro<;essing or present Sl.Jflicient infonnation to the Pla:ming Commission and/or City Council to enable the Platming Commission and/or City Council to make legally required fin~s for projee: approval, 1llllCS3 =:rent billings are paid in full pnerto decision. S. Therefore. APPLlCAJ.'lT agrees that in consideration oithe CITY's wai..er of 11$ right to collect: full fees prior to a ~etmination !?!application completeness, APPLIC.~'IT shall pay an initial deposit in the amount of~ which is for _ hours ofPlamling staff time, and if ac:tual recorcled costs exceed the initial deposit, AP?LICA.'IT shall pay additional mOl1tb.ly billings to CITY to reimburse the CITY for the processing of the applicatiOll mentioned above, including. post approvai review, . Such periodic payments sbaII be made within 30 days of the billing date, APPLICAl'IT futtb,er agre:s that tailure to pay such accr.!lild costs shall be grounds tor suspension of processing. CITY OF ASPEN r~ S~ lauso APPUCAJ.~ ',,= ~ PrintedNtmel ~ P /"6:~6'i Mailing Address: 9!SlS~T 0-("'" ~ ~7iE~ ~~77dZ?" Com:nUllity Developmel1t Director City of Aspen P.O. Box 27459 Houston, TX 77227-7459 Phone: (713) 235-8800 1984 s~~ ~, .IRREVO.CABLE STANDBY LETTER OF CREDIT NO. SC , "',', I for account of APPLICANT: Creekstone Builders, 4545 Post Oak Place, ADVISING BANK: None in favor of BENEFICIARY: up t6 an aggregate AMOUNT of: ','", '. " ,.' US$3l0,672.00(Three Hundred Ten Thousand 'Six Hundr.ed Seventy Two .ahdN6/iOO, :' tl"s. Dollars). ii,'" EXPIRY DATE: . Au ust 17, 1999at.our office City of Aspen, Colorado 130 South Galena Aspen, Colorado 81611 Attn: Aspen City Attorney John Worcester We hereby issue our Irrevocable Letter of Gredit in your favo( . ;..... (j,/ . · : 'SOUTHWEST BANK OF . ~'t~~L~BP6~W~~A~~R~rJloA}os~I~: PARKWAY, HOUSTON, TX77027".' \)R~.. ,N ~~b BEARING THE CLAUSg "Drawn under Southwest Bank oITexas, N.A., Standby Letter of Credit No. SC 1984 .. Dated '1\t)GUST 17. i 9gB " , '<':':" ',":'",""" ", y:"';->,: ':>"':',':', " '><",;' ,,<;:,':^ ";<:''>' TO BE ACCOMPANIED BY THE ORIGINAL OF; THIS LETTER OF CREDrrAND THE FOLL.OWlNG D.otUMENTS:. :. " <' ,'" , ' ,', ", 'C,,;(::'" . ",':" ':, ,:,;:; ,',>:;::,;<;::, :;' ," :"'j!'~';,:~;;~::'~;J ;(j:('::,,'" <:! i/:,;,;;:;~;<;:<Ji!,:;!:j;;;i;~':;:;;;llhii?;;;'LIV:;~i~;;':, 1, A written demand from the City of Aspen, Colorado showing name and title . . ' s~gner, stat~ng as follows: .: 'j ;' . ..\ ,"" ,; 0;"'<',;, ;/C;;/' ,. ~!;; -,,' , ,;s:~ ,:;:,:,:',:: ~::7 /, ::'~;:,>:: ;;?:>:/:',::'<::;,i; pf th~ i;;"1iH" . , 'C' ;:;fi/~i.~: , ,'~ " ," ,\ . ,'",,,,,; ';",;,'!;:C' , ""'\ iC";<\ 1;';\>' ;; ; > ~! A. Part~aili~drawings permitted. ;;:~'i:f;H:! This~~i:ter of Credit shall be automatically eKtended for an additional period :'::, !':,. of one year from the present or each future expiration date unless we have Jil'if;;:;! notified the City of Aspen, in writing, not less than 60 days before such i'i' :'i;l' eKpiration date, that we elect not to renew such Letter of Credit. Our notice '. ",;', of such election shall be sent by certified mail, return receipt requested, or./ "'.. Federal Express, to the City of Aspen, Attention: City of Aspen, Attention: CityA~torney, 130 South Galena Street, Aspen, Colorado 81611 B. "" . C.. Southw!:ist Bank of Texas, N.A., represents and warrants to the City of Aspen tha:tC.l.t has full authority and power to issue this Letter of Credit to the of. Aspeh, in the total amount and for the period of time stated herein; said authority being pursuant to the laws of the United States, or the State or Territory whichgoyerns the.,e.stablishment.. and regulation of Southwest Bank Texas, N .A., and Southwest BanK of Texas,' N :A.' s 'chart'er,' by-laws",and applicable rules and regulations adopted thereto. Should it be necessary the City of Aspen to file suit in an effort to enforce this Irrevocable of Credit, Southwest Bank of Texas, N,A., hereby waives all venue rights submit to the jurisdiction of the District Court in and for the County of Pitkin, State of Colorado. ***~*~****.*******.*******************~****+.~*+*************~********,***** Unless otherwise expressly stated; this credit is SUbject to the "Uniform Customs and Practice for Documentary Credits" as fixed by the Inter- national Chamber of Commerce in effect as of the date 01 issuance hereof,UCP (1993 REVISION) ICe PUBLICATION NO. 500~ WE HEREBY ENGAGE WITH YoU, THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF; THIS CREDIT WILL BE DULY HONORED, IF DRAWN AND PRESEJ.JTEb mR ~AYMENt AT OUR OFFIC.E IN HOU:StOl'oj, tI;XASO~ qR ,Eli=FORETHE EXPIRATION DATE OF THIS CREDIT, ',. .., '. .." ':':i, '.'. . . . , ,. "I",',: >; "';"'>;,'<:;';j:! , ""i:";';:;.'>:'.';' i:::':::":~< ,:' '" ':', '-' '".',.' :- ;',', :,/:',,< :""",; """;"c;"" . 'SouthWest B~"kof Texas,N.A. '" ,,''',','' I ',,";" "'", 000 IN-019 (2/91) 1""" No Recipient, No Subjed ~ \ To: stanc,kathrynk From: John Worcester <johnw@ci.aspen.co.us> Subject: Mocklin Letter of Credit Cc: Bcc: X-Attachments: I am in receipt of a leeter of credit in the amount of $310,672,00 for the Mocklin project. I will give the original to KAthryn for safe keeping, Com. Dev. needs to have a copy and review the terms to endure it complies with conditions of approval, Thanks [printed for John Worcester <johnw0ci.aspen.co.us> J. AUG-06-SS 11,1S FROM,HOLLANDHART -,- llO\Il.l>liR' eQI,OlWlO SI'R1NGS llENVERlECH Cl;NlaO IlIl.l.>>lC$'BOISE c;:HEYeINE. JACKSON HOLE $A(.T ~crtY ID,S70S259415 ('.. :-, HOLLAND & HARTllI' A'ITOliliEYSATLAW 60Q CAST MAIN srREE:T' ASPEN..COLOR.&.QO 81S11~1853 'IaS'HONE (970) ll2SoS<76 FACSlMILa (970) 92So9S8'7 ARTHUR C. DAlLY - 1"CiDhdI8ndhlJft.clcm MEMORANDUM AUGtJSr 6,1998 TO: Everett Jackson (via fax to 713-621-8078) FROM; Art Daily PACE 1/2 RE: Creekstone Aspen /Letter of Credit for City of Aspen under Subdivision Agreement for Mockli., Subdivision I'm enclosing for your use with Southwest Bank of Texas the language that I believe will be appropriate for the Letter of Credit that Creekstone will be delivering to the City of Aspen next week in connection with the commencement of construction of the infrastructure improvements in the Mocldin Subdivision. I'm also faxing a copy of the proposed language to City Attorney John Worcester for his review. Joh."1, if you feel that any changes are necessary, please give me a call as soon as possible. Thanks. . cc: John Worcester, Esq. (w/copy) (via fax to 920-5119) /I1!r ~ /kF~42 IS 1:'"P t!K~ ~M;;; I1'PP/-r IO/.J#t- ?AtJ..J~()~€' ~ ~ fr1,.?t::i3'P, rJM1.Jf:.S (q/I r-. r-, . /\ containe1d. in the approv~ ofdthe City of Aspend Historical 11 pre.serva.~on comm~ttee".r te May 1.2..' ~93 an Au~t 25, , \ 1993,/". ." l . / .1 / \ Parti<h dr~'~gS a" permitt~d, E~ch draft ;n~st ~ear upot its\. face the cllttrse "Drawn \ under .Letter of Credit Nunlber JC225, d",ted September 24, 1.993,\ of tp,e' Pitkin c9~-,llank and"'~st Compai:Iy..'!-.. -_.""-- Pitkin County Bank. and Trust represents and warrants to the City of Aspen that it has the full ",uthority and. power to issue this Letter of Credit to the City of Aspen, in the tot",l amount ",nd for the period of time stated herein; said authority being pursuant to the laws of the United ,States, or the St",te or Territory whjch governs the establishment antl regulation of Pitkin County Bank and Trust Company, and the Pitkin County Bank and Trust Company's charter, by-laws and other ",pplicable rules and regulations adopted pursuant thereto, Should it be necessary for the City of Aspen to file suit in an effort to enforce this Irrevocable Letter of Credit, Pitkin County Bank and Trust hereby waives all venue rights and submits to the jurisdiction of the District Court in and for the County of Pitkin, State of Colorado, ( We hereby agree with you that drafts drawn under and in compliance [ with the terms of the Letter of Credit will be duly honored if) presented to our office located at 534 E, Hyman Avenue, Aspen, Colorado, 81.61.1 on or before the close of business on June 21." . 1994. ~~' Very truly yours, PITKIN COUNTY d Thomas Gr' fit Executive vi e/ TWG/ cb . AUC-~S-9S 11,1S FROM,HOLLANDHART .11"'. ID,9709259415 ,'-'" PACE 2/2 Draft Language: August 11, 1998 IRREVOCABLE LETTER OF CREDIT Beneficiary: City of Aspen, Colorado Re: Irrevocable Letter of Credit No. Amount: $ Expiration Date: August II, 1999 To Whom It May Concern: We hereby furnish our Irrevocable Letter of Credit in your favor for the account of Creekstone Aspen, LLC ("Creekstone"), available by draft or drafts at sight drawn on Southwest Bank of Texas RA" [Address), Houston, Texas and accompanied by the written demand described below for any sum or sums not exceeding in total $ Drafts must be accompanied by a written demand reciting that (i) Creekstone is in default in the performance of its obligation to construct subdivision and landscaping improvements in accordance with Sections C and D of the Subdivision Agreement for Mocklin Subdivision recorded June 14, 1996 at Reception No, 393680 in the Office of the Clerk and Recorder ofl'itkin County, Colorado, and (ii) such default has remained uncured for a period of at least 14 days following written notice of default from the City to Creekstone. Partial drawings are permitted. Each draft must bear upon its face the clause "Drawn under Letter of Credit No. __, dated August 11, 1998, on Southwest Bank of Texas, N.A." This Letter of Credit shall be automatically extended for an additional period of one year from the present or each future expiration date unless we have notified the City of Aspen in writing not less than 60 days before such expiration date, that we elect not to renew such Letter of Credit. Our notice of such election shall be sent by certified mail, return receipt requested, to the City of Aspen, Attention, City Attorney, 130 South Galena Street, Aspen, Colorado 81611. [Insert any remaining standard letter of credit language.] ASPllN:0024168.01