HomeMy WebLinkAboutbocc.con.083.2008 s ..,......A.....».....~..
RECEPTION#: 546114, 01/28/2008 at
10:41:01 AM, Q ~3~do8''
1 of 3, R ;0.00 Doc Code ORDINANCE ~'QN~ACT
Janice K. Vos Cauditi, Pitkin County, CO
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, AUTHORIZING•THEOONVEYANCE OF A PORTION OF THE
MOLLIE GIBBON PARK PARCEL.
ORDINANCE ~ ass -200$
RECITALS •
A. Pitkin County is currently engaged in litigation with Alain DeClraeve over an easement
crossing a portion of the County-owned Mollie Gibson Park property. The litigation is pending
in Pitkin County Distinct Court as Case No. OS CV 141,
B . Tho County has received an offer to purchase the portion of the Mollie Gibson Park
property at issue from Thomas Figgo. Among other things, the offer contemplates that Mr. Figge
will seek approval for and constivct four deed-restric~,ed units on the Property, provided that
collapse hazards do not preclude such construction. Conveyance of the Property to Mr. Figge
would moot the last remaining issue in the litigation and is otherwise in the best interests of the
County. The conveyance will contain terms approved by the County Attorney's Office.
C. This Ordinance is required by the Pitkin Couaty Home Rule Charter in order to authorize
a conveyance of County-owned interests in real property. Approval to convey the Property was
previously granted in Ordinance No. 28-2006; this Ordinance affirms that prior approval.
NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County Colorado, as follows:
1. Authorization to • Execute A The Board authorizes the chair to accept and
execute an agreement or agreements, is a form approved by the County Attorney, to convey a
portion of the Mollie Gibson Park parcel depicted as Lot 1 on Exhibit "A" to Thomas Figge.
The County Attorney's approval as to form shall be a condition precedent to the Chair's
authorization to execute the agreement or agreements. The Board finds that approval of this
matter on as emergency basis is necessary, appropriate, and in the best interests of the County
due to the time constraints present in Mr. Figge's offer, which remains open for acceptance
through February 1, 2008, and due to the posture of the negotiations surrounding the litigation.
INTRODUCED AND ADOPTED ON AN EMERGENCY BASIS AT THE REGULAR
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ON THE 23RD DAY OF JANUARY 2008 AND SET FOR
CONFIRMATORY READING AND PUBLIC HEARING ON THE 13~ DAY OF
FEBRUARY 2008.
NOTICE OF PUBLIC HEARII~TG PUBLISHED IN THE ASPEN TIIVIES WEEKLY
ON THE 27~ DAY OF JANUARY 2008.
•
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
DAY OF u 2008.
THIS ORDINANCE IS EFFECTIVE JANUARY 23, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~
J nette Jones Ja k~'$atfield
I~~puty Clerk C air
Date: / ~C%
APPROVED AS TO FORM:
l l
Christopher G. ldin Hilary Fl er
Assistant County Attorney County ager
~ txm~i i
A
#~t: ~ .
ant , t~ t ~ ~
:p3t~'~ ~ S
r ~'t! •
~Q`~~~~ Y
,~e~~~
.,reE 8
r~-~ ,t i
. ~
f P
~ 1 t j
,r ` ~,r ei~
i r ~ ~~e t
• ~
~ `w, i
N
1
:F j' z
.3 8
/
C
.ii d
~ { O
~rY,,, tee{ 'r~ ~ f o
f z x
i~, b
0 ~ H
I m > ~ X
z
~._._._.__._r____.--.__._ ~i
c y t r ~ r ~ i6~! 1[t!!~1l6 ! ~ !
I i~ . --r ~ R~ i.~ it ~ a i rrearrsril~q ~ ah"
r k r ~~1~ r ~ e ~ ~rx i
8,. r i:€ ~f C
y a4 ~ ~ t. Ijpis E~' ~ ~ ~ ~fEE 2 ti ~3~ ~ g •
~ ~ ~ i i ~ A r ~ r •d~r.~.~~ !t i .
f ' ri
` 9
•
September 7, 2007
Christopher Seldin, Esq.
Office of the County Attorney
Pitkin County
530 East Main Street, Third Floor
Aspen, Colorado 81611
Re: Firm Offer to Purchase Portion of Mollie Gibson Parcel
Dear Chris:
The following contains the terms on which I am willing to purchase from Pitkin County a
portion of the Mollie Gibson Park Parcel, defined as Lot 1, Sunny View Subdivision
Exemption, on that Exemption Map prepared by Aspen Survey Engineers, Inc., dated
March 2007, Job Number 28145F. This offer shall remain open and may be accepted by
Pitkin County with written acceptance any time until February 1, 2008. The offer shall
constitute a firm offer and I agree I may not revoke the offer until February 1, 2008 ("Firm
Offer Deadline"). If accepted in writing by the County by the Firm Offer Deadline, the
terms of the offer shall constitute the entire agreement of the parties with respect to the
purchase of the real property and shall be binding on the parties thereto ("Contract").
1. DEFINED TERMS.
a. Buyer. Buyer, Thomas Figge and/or Assigns, will take title to the real property
in severalty.
b. Property. The Property is the following legally described real estate in the
County of Pitkin, Colorado:
a portion of the Mollie Gibson Park Parcel, defined as Lot 1, Sunny View
Subdivision Exemption, on that certain exemption map prepared by Aspen
Survey Engineers, Inc., dated March 2007, Job Number 28145F
together with the interests, easements, rights, benefits, improvements and attached fixtures
appurtenant thereto, and all interest of Seller in vacated streets and alleys adjacent thereto,
except as herein excluded.
c. Dates and Deadlines.
tem No. eference Item ate or Deadline
1 §2a Alternative Earnest Mone Deadline Se tember 11, 2007
2 §4a itle Deadline September 7, 2007
3 § itle Objections Deadline Se tember 7, 2007
4 §4c Survey Deadline Se tember 7, 2007
5 § Survey Objection Deadline September 7, 2007
6 § ocument Re uest Deadline Se tember 7, 2007
7 §4b Off-Record Matters Deadline September 7, 2007
8 § Off-Record Matters Objection Deadline Se tember 7, 2007
9 § Closin Date See Para a hs 5 & 7
10 § ossession Date ate of Closing
11 § ossession Time ime of Closin
12 § cce tance Deadline Date ebruar 1, 2008
13 § cce tance Deadline Time 5:00 .m. MST
d. Attachments. The following are a part of this Contract: Exhibit A -
Exceptions to Title, Exhibit B -Survey and Exhibit C -Accessory Dwelling Unit Deed
Restriction.
e. Applicability of Terms. A check or similar mark in a box means that such
provision is applicable. The abbreviation "N/A" or the word "Deleted" means not
applicable and when inserted on any line in Dates and Deadlines 1), it means that the
corresponding provision of the Contract to which reference is made is deleted. The
abbreviation "MEC" (mutual execution of this Contract) means the latest date upon which
both parties have signed this Contract.
2. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be
payable in U.S. Dollars by Buyer as follows:
Item Reference Item Amount Amount
No.
1 § 2 Purchase Price $1,250,000.00
2 § 2a Earnest Money $50,000.00
3 § 2b Cash at Closin $1,200,000.00
4 TOTAL $1,250,000.00 $1,250,000.00
a. Earnest Money. The Earnest Money set forth in this section, in the form of a
personal check is part payment of the Purchase Price and shall be payable to and held by
Land Title Guarantee Company (Earnest Money Holder), in its trust account, on behalf of
both Seller and Buyer. The Earnest Money deposit shall be tendered by the Alternative
Earnest Money Deadline 1). The parties authorize delivery of the Earnest Money
deposit to the closing company, if any, at or before Closing.
b. Cash at Closing. All amounts paid by Buyer at Closing including cash at
Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable
Colorado laws, which include cash, electronic transfer funds, certified check, savings and
loan teller's check and cashier's check (Good Funds).
3. EVIDENCE OF TITLE.
a. Evidence of Title. Buyer shall have until the Title Objection Deadline to
review Exhibit A hereto and unless Buyer objects prior to the Title Objection Deadline,
Buyer agrees to take title consistent with those exceptions set forth on Exhibit A. If Buyer
i
objects to any of the matters set forth in Exhibit A, this Contract shall terminate and all
Earnest Money and interest earned thereon shall be returned to Buyer.
On or before 15 days prior to Closing, Seller shall cause to be furnished to Buyer, at
Seller's expense, a current commitment for owner's title insurance policy (Title
Commitment) in an amount equal to the Purchase Price and with a schedule of exceptions
substantially consistent with attached Exhibit A. At Seller's expense, Seller shall cause
the title insurance policy consistent with the Title Commitment to be issued and delivered
to Buyer as soon as practicable at or after Closing. The Title Commitment shall commit to
delete or insure over the standard exceptions which relate to:
(1) parties in possession,
(2) unrecorded easements,
(3) survey matters,
(4) any unrecorded mechanics' liens,
(5) gap period (effective date of commitment to date deed is recorded), and
(6) unpaid taxes, assessments and unredeemed tax sales prior to the year of
Closing.
Any additional premium expense to obtain this additional coverage shall be paid by
Seller.
4. TITLE AND SURVEY REVIEW.
a. Title Review. Buyer shall have the right to inspect the Title Commitment
and exception documents. Written notice by Buyer of unmerchantability of title, form or
content of Title Commitment or of any other unsatisfactory title condition shown by the
exception documents, shall be signed by or on behalf of Buyer and delivered to Seller on
or before Title Objection Deadline 1), or within five calendar days after receipt by
Buyer of any change to the Title Documents or endorsement to the Title Commitment
together with a copy of the document adding any new Exception to title. Buyer waives the
right to object to any items that are listed on Exhibit A and that were accepted in
accordance with Paragraph 3(a) above. If Seller does not receive Buyer's notice by the
date specified above, Buyer accepts the condition of title as disclosed by the Title
Documents as satisfactory.
b. Matters Not Shown by the Public Records. Seller shall deliver to Buyer,
on or before Off-Record Matters Deadline 1) true copies of all leases and surveys in
Seller's possession pertaining to the Property and shall disclose to Buyer all easements,
liens (including, without limitation, governmental improvements approved, but not yet
installed) or other title matters (including, without limitation, rights of first refusal, and
options) not shown by the public records of which Seller has actual knowledge. Buyer
shall have the right to inspect the Property to investigate if any third party has any right in
the Property not shown by the public records (such as an unrecorded easement, unrecorded
lease, or boundary line discrepancy). Written notice of any unsatisfactory condition
disclosed by Seller or revealed by such inspection, shall be signed by or on behalf of Buyer
and delivered to Seller on or before Off-Record Matters Objection Deadline 1). If
Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such
rights, if any, of third parties of which Buyer has actual knowledge.
c. Survey Review. On or before 15 days prior to Closing, Seller shall cause
to be furnished to Buyer, at Seller's expense, a current improvement survey plat
("Survey") for the Property substantially consistent with Exhibit B attached hereto. If the
Survey is not consistent with attached Exhibit B, written notice by Buyer of the
inconsistency shall be signed by or on behalf of Buyer and delivered to Seller within five
(5) days of receipt of the Survey. If Seller does not receive Buyer's notice by the date
specified above, Buyer accepts the condition of title as disclosed by the Survey as
satisfactory. Nothing herein shall require Seller to re-survey the Property, though an
update may be required to remove standard exceptions 1, 2 and 3.
d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE
SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY
REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH
DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND
EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT
WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH
A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN
INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL
OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL
LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE
POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
In the event the Property is located within a special taxing district, Buyer may not
terminate this offer or the Contract that results in the event Seller accepts this offer.
e. Right to Object, Cure. Buyer's right to object prior to September 7, 2007
shall include, but not be limited to, those matters listed in this § 4. If Seller receives notice
of unmerchantability of title or any other unsatisfactory title condition or commitment
terms which are not included in Exhibit A, as provided above, Seller shall use reasonable
efforts to correct said items and bear any nominal expense to correct the same prior to
Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction by
Closing, Seller may extend Closing for a reasonable period necessary to cure the
unsatisfactory title conditions. The parties agree that if litigation is necessary to resolve an
unsatisfactory title condition, then extension of Closing until a time required to reach a
final judgment in such litigation after appeal shall be deemed reasonable. If a court issues
a non-appealable judgment that prevents the Seller from conveying title to the Property to
Buyer, this Contract shall terminate and the Earnest Money and interest earned thereon
shall be returned to Buyer.
f. Title Advisory. The exceptions to title, Survey, and Title Commitment
affect the title, ownership and use of the Property and should be reviewed carefully.
Additionally, other matters may affect the title, ownership and use of the Property,
including without limitation boundary lines and encroachments, area, zoning, unrecorded
easements and claims of easements, leases and other unrecorded agreements, and various
laws and governmental regulations concerning land use, development and environmental
matters. The surface estate may be owned separately from the underlying mineral
estate, and transfer of the surface estate does not necessarily include transfer of the
mineral rights or water rights. Third parties may hold interests in oil, gas, other
minerals, geothermal energy or water on or under the Property, which interests may
give them rights to enter and use the Property. Such matters may be excluded from or
not covered by the title insurance policy. Prior to making this offer, Buyer was advised to
timely consult legal counsel with respect to all such matters.
5. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing).
Closing shall be IS days after satisfaction of contingencies set forth in paragraph 6 below,
unless extended pursuant to Paragraph 4 above. The hour and place of Closing shall be as
designated by Earnest Money Holder.
6. TRANSFER OF TITLE. Subject to tender or payment at Closing as required
herein and compliance by Buyer with the other terms and provisions hereof, Seller shall
execute and deliver a good and sufficient Special Warranty deed to Buyer, at Closing,
conveying the Property free and clear of all taxes except the general taxes for the year of
Closing. Except as provided herein, title shall be conveyed free and clear of all liens,
including any governmental liens for special improvements installed as of the date of
Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject only to
those exceptions to title set forth in Exhibit A hereto and those items expressly allowed by
Section 4 above and Section 7 below.
7. BUYER CONTINGENCIES. Buyer's obligation to close this Contract is
contingent upon the occurrence of the following events.
a. Subdivision Approval. Seller's receipt of approval from the Pitkin County
Board of County Commissioners of subdivision of the Property in the form of two separate
parcels from the whole Mollie Gibson parcel pursuant to the Pitkin County Land Use
Code. One of the parcels shall accommodate the Upper Smuggler Restricted Units as
defined below. The other parcel shall accommodate the Sesame Street Restricted Unit and
the remainder of the Property.
b AH Zoning. Seller's receipt of approval from the Pitkin County Board of
County Commissioners of any re-zoning of the property necessary to allow the
construction of a three bedroom Category 3 type, 1,200 square foot unit, a three bedroom
Category 4 type 1,200 square foot unit and a two bedroom Category RO type 1,500 square
foot unit (together, the "Upper Smuggler Restricted Units") on a site located in the south
eastern corner of the Property accessible off of the Drive for Lot 7, Sunny Park North ~ c~
Boundary Adjustment which is accessed off of Smuggler Mountain , an a wo DD
bedroom 1,500 square foot accessory dwelling unit type unit with n enclosed garage in
that area accessible off of Sesame Street ("Sesame Street Restricted Unit"). Each of these
units shall be restricted by appropriate instrument to require occupancy in accordance with
guidelines consistent with the Aspen Pitkin County Housing Authority (APCHA) rules and
regulations (each a "Restricted Unit", together "Restricted Units").
c. Development Rights. Seller's confirmation of the right to develop the
Restricted Units in accordance with Section 7b. The Land use approvals associated with
the accessory dwelling unit type unit shall be vested for a period of seven (7) years.
d. Building Envelope. Seller's receipt of necessary approval of the location
of building envelopes for the Restricted Units on the Property. One building envelope
shall be located immediately adjacent to and accessible off of Sesame Street in an existing
area that is relatively flat and suitable for development. The Restricted Unit to be located
in this building envelope shall be the accessory dwelling unit type unit and shall be
referred herein to as the Sesame Street Restricted Unit. The second building envelope
shall be located in the southeast corner of the Property and accessible off of the Drive for
Lot 7, Sunny Park North Boundary Adjustment which is accessed off of Smuggler
Mountain Road, as depicted on that exemption map title Sunny View Subdivision
Exemption prepared by Aspen Survey Engineers, Inc., dated March 2007, Job Number
28145F. The Restricted Units to be located in this building envelope shall be referred to
herein as the Upper Smuggler Restricted Units.
e. Landscape Envelopes. Seller's receipt of approval of landscape envelopes
allowing for reasonable Iandscaping around the Building envelopes for the Restricted Units
and allowing the existing landscaping along the sides of Sesame Street and the existing
gate improvements to remain and be maintained.
f. Legal Access. Seller's receipt of approvals necessary to provide legal
access to the Upper Smuggler Restricted Units along the Drive for Lot 7 from Smuggler
Mountain Road and legal access from Smuggler Mountain Road along Sesame Street to
the Sesame Street Restricted Unit and to the property Located at 200 Sesame Street. Such
approvals may include, but are not limited to, approvals of curb cuts off of Smuggler
Mountain Road or easements along Smuggler Mountain Road.
g. Contingency Deadline. Seller must satisfy the above noted contingencies
within five years of MEC, unless extended due to litigation as provided for in Paragraph 4
or Buyer has the right to terminate the Contract and receive return of the Earnest Money
and any interest earned thereon.
8. PARTY AGREEMENTS. The parties agree to all of the following.
a. Construction of Restricted Units. Upper Smuggler Restricted Units.
Buyer shall construct the three Upper Smuggler Restricted Units, extend utilities to them,
and otherwise do all things necessary to achieve certificates of occupancy for such units
entirely at his expense. Buyer covenants to begin construction of all three of the Upper
Smuggler Restricted Units within one (1) month of issuance of building permits for the
Restricted Units. Buyer shall make application for all necessary building permits for the
Upper Smuggler Restricted Units no later than three (3) months following Closing of the
Contract. Buyer covenants he will diligently pursue construction of the Upper Smuggler
Restricted Units. All covenants and agreements relating to the construction, conveyance,
and administration of the Restricted Units shall survive Closing.
b. Construction Plans for Restricted Units. Seller's commitment that any
construction management plan for the construction of the Restricted Units shall prohibit
use of Smuggler Mountain Road and areas for pull-out and parking adjacent to the road for
staging or parking for the construction of the Restricted Units. Construction quality of the
Restricted Units shall be in accordance with prevailing industry quality standards for
newly constructed employee housing in the Aspen area. The parties agree to cooperate in
f
good faith in the design and construction detailing of the Upper Smuggler Restricted Units
to achieve a construction that is consistent with such standards, is of less visual impact, is
within financial reasonableness, and has less physical impact on public use of surrounding
roads and property.
c. Restriction on Use and Occupancy of Restricted Units. Upper Smuggler
Restricted Units. The instrument restricting the use and occupancy of the Upper Smuggler
Restricted Units shall allow the sale of the Category 3 and 4 units to the County. The
Buyer shall have the right to select the first purchaser of the RO type Upper Smuggler
Restricted Unit. Thereafter, the Seller shall have a right of first refusal to purchase said
RO unit. Seller shall prepare condominium declarations and covenants for the Upper
Smuggler Restricted Units; such covenants and declarations shall not discriminate against
the RO Unit. Sesame Street Restricted Unit. The instrument restricting the use and
occupancy of the Sesame Street Restricted Unit in accordance with APCHA rules and
regulations shall allow for an Accessory Dwelling Unit Designation, under conditions
similar to those set forth in attached Exhibit C. The real property located at 200 Sesame
Street shall be benefited by and burdened by the deed restriction for the Sesame Street
Restricted Unit.
d. Cost Recovery. Seller shall be able to sell the RO type Upper Smuggler
Restricted Unit for $$300,000 for his land costs and pro rata share of his actual
construction costs for the Upper Smuggler Restricted Units.
e. Sale of Units to Seller. Simultaneous with Closing, the parties will enter
into a contract for Seller's purchase of the Category 3 and 4 units for the maximum price
allowed by the APCHA rules and regulations.
f. Deed Restriction of Portion of Property. Seller's sterilization of all of the
Property outside of the building envelopes and landscaping envelopes with a deed
restriction, conservation easement or other appropriate instrument preventing development
of the remaining portion of the Property. Such deed restriction or instrument is deemed to
be an acceptable encumbrance on title to which Buyer shall not object.
Buyer shall pay those reasonable costs associated with the County obtaining the
above mentioned approvals, including land use planner consulting fees, application fees,
survey fees and geo-technical testing fees.
Seller must satisfy the above noted contingencies within five years of MEC, unless
extended due to litigation as provided for in Paragraph 4 or Buyer has the right to
terminate the Contract and receive return of the Earnest Money and any interest earned
thereon.
g. Letter of Credit. Simultaneous with closing, Buyer shall provide the Seller
with a letter of credit in the amount of $1,000,000 guaranteeing the construction of the
Upper Smuggler Restricted Units. Said letter of credit shall be updated by Buyer as
necessary to ensure that it does not lapse prior to the completion of construction of the
Upper Smuggler Restricted Units.
h. Collapse Hazard. The parties recognize that the entirety of the Property
may be subject to collapse hazards. Should the area designated for construction of the
Upper Smuggler Restricted Units entail a collapse hazard, the parties shall address the cost
of mitigating such hazard in accordance with the provisions of this Paragraph. Buyer shall
be solely responsible for funding the first $50,000 of collapse hazard mitigation. The
/D
parties shall split equally the cost of mitigating collapse hazards from $50,000 to $500,000.
Should collapse hazard mitigation entail an expense in excess of $500,000, then Buyer
shall have the option of not constructing the Upper Smuggler Restricted Units and instead
paying seller an additional $400,000, which obligation shall similarly be secured by the
Letter of Credit referenced in Paragraph 8(g).
9. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall
be paid at or before Closing from the proceeds of this transaction or from any other source.
10. CLOSING COSTS, DOCUMENTS AND SERVICES.
a. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective
Closing costs and all other items required to be paid at Closing, except as otherwise
provided herein.
b. Closing Documents. Buyer and Seller shall sign and complete all
customary or reasonably required documents at or before Closing.
c. Closing Services Fee. Fees for real estate Closing services shall be paid at
Closing by one-half Buyer and one-half Seller.
11. PROBATIONS. The following shall be prorated to Closing Date 1), except as
otherwise provided:
a. Taxes. Personal property taxes, if any, and general real estate taxes for the
year of Closing, based on the most recent mill levy and most recent assessed valuation.
b. Rents. Rents based on rents actually received. Security deposits held by
Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall
assume such leases.
c. Other Prorations. Water and sewer charges.
d. Final Settlement. Unless otherwise agreed in writing, these prorations
shall be final.
12. POSSESSION. Possession of the Property shall be delivered to Buyer on
Possession Date at Possession Time 1), subject to no leases or tenancies. If Seller,
after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and
shall be additionally liable to Buyer for payment of $500.00 per day (or any part of a day)
from the Possession Date and Possession Time 1) until possession is delivered. Buyer
does not represent that Buyer will occupy the Property as Buyer's principal residence.
13. ASSIGNABILITY. This Contract shall be assignable by Buyer to members of
Buyer's immediate family, to trusts to which Buyer or Buyer's immediate family is a
beneficiary or to entities which Buyer holds an interest. Except as so restricted, this
Contract shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the parties.
14. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND
INCLUSIONS. Except as otherwise provided in this Contract, the Property shall be
delivered in the condition existing as of the date of this Contract, ordinary wear and tear
excepted.
a. Casualty Insurance. In the event the Property shall be damaged by fire or
other casualty prior to Closing, in an amount of not more than ten percent of the total
Purchase Price, Seller shall be obligated to repair the same before Closing Date 1). In
the event such damage is not repaired within said time or if the damages exceed such sum,
this Contract may be terminated at the option of Buyer by delivering to Seller written
notice of termination on or before Closing. Should Buyer elect to carry out this Contract
despite such damage, at Closing, Buyer shall be entitled to a credit for all insurance
proceeds that were received by Seller (but not the Association, if any) resulting from such
damage to the Property and Inclusions, plus the amount of any deductible provided for in
such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller
has not received such insurance proceeds prior to Closing, then Seller shall assign such
proceeds, at Closing, plus credit Buyer the amount of any deductible provided for in such
insurance policy, but not to exceed the total Purchase Price.
b. Verification of Condition. Buyer, upon reasonable notice, shall have the
right to walk through the Property prior to Closing to verify that the physical condition of
the Property complies with this Contract.
15. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this
document, Buyer and Seller acknowledge that the respective broker has advised that this
document has important legal consequences and has recommended the examination of title
and consultation with legal and tax or other counsel before signing this Contract.
16. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence
hereof. If any note or check received as Earnest Money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is
not performed or waived as herein provided, there shall be the following remedies:
a. If Buyer is in Default, Seller may elect to treat this Contract as canceled, in
which case all Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer,
paid to Seller and retained by Seller; and Seller may recover such damages as may be
proper; or Seller may elect to treat this Contract as being in full force and effect and Seller
shall have the right to specific performance or damages, or both.
b. If Seller is in Default, Buyer may elect to treat this Contract as canceled, in
which case all Earnest Money received hereunder shall be returned and Buyer may recover
such damages as may be proper, or Buyer may elect to treat this Contract as being in full
force and effect and Buyer shall have the right to specific performance or damages, or
both.
c. Cost and Expenses. In the event of any arbitration or litigation relating to
this Contract, the arbitrator or court shall award to the prevailing party all reasonable costs
and expenses, including attorney and legal fees.
17. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest
Money Holder shall release the Earnest Money as directed by written mutual instructions,
signed by both Buyer and Seller. In the event of any controversy regarding the Earnest
l~
Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not
be required to take any action. Earnest Money Holder, at its option and sole discretion,
may (a) await any proceeding, (b) interplead all parties and deposit Earnest Money into a
court of competent jurisdiction and shall recover court costs and reasonable attorney and
legal fees, or (c) deliver written notice to Buyer and Seller that unless Earnest Money
Holder receives a copy of the Summons and Complaint or Claim (between Buyer and
Seller), containing the case number of the lawsuit (Lawsuit) within 120 calendar days of
Earnest Money Holder's written notice is delivered to the parties, Earnest Money Holder
shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money
Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of
any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order
of the Court.
18. TERMINATION. In the event this Contract is terminated, all Earnest Money
received hereunder shall be returned and the parties shall be relieved of all obligations
hereunder.
19. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement
constitutes the entire Contract between the parties relating to the subject hereof, and any
prior agreements pertaining thereto, whether oral or written, have been merged and
integrated into this Contract. No subsequent modification of any of the terms of this
Contract shall be valid, binding upon the parties, or enforceable unless made in writing and
signed by the parties. Any obligation in this Contract that, by its terms, is intended to be
performed after termination or Closing shall survive the same.
20. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges
that, to Seller's current actual knowledge, the Property is not in foreclosure. In the event
this transaction is subject to the provisions of the Colorado Foreclosure Protection Act (the
Act) (i.e., generally the Act requires that the Property is residential, in foreclosure, and
Buyer does not reside in it for at least 1 year), a different contract that complies with the
provision so the Act is required, and this Contract shall be void and of no effect unless the
Foreclosure Property Addendum is executed by all parties concurrent with the signing of
this Contract. The parties are further advised to consult with their own attorney.
~3
TRANSMISSION VERIFICATION REPORT
TIME 01!30!2008 12:28
NAME REDSTONE INN
FAX 9709632526
TEL 9709632527
SER.# 000G5J404335
DATE,TIME 01!30 12:28
FAX N0.lNAME 99205198
DURATION 00:00:33
PAGE{S} 02
RESULT OK
MODE STANDARD
ECM
f G/
21. NOTICE, DELIVERY AND CHOICE OF LAW.
a. Physical Delivery. Except as provided in below, all notices must be in writing.
Any notice to Buyer shall be effective when received by Buyer, and any notice to Seller
shall be effective when received by Seller.
b. Electronic Delivery. As an alternative to physical delivery, any signed
document and written notice may be delivered in electronic form by facsimile. Documents
with original signatures shall be provided upon request of any party.
c. Choice of Law. This contract and all disputes arising hereunder shall be
governed by and construed in accordance with the laws of the State of Colorado that would
be applicable to Colorado residents who sign a contract in this state for property located in
Colorado.
22. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire
unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below,
and the offering party receives notice of acceptance pursuant to § 19 on or before
Acceptance Deadline Date Zc) and Acceptance Deadline Time 1). If accepted, this
document shall become a contract between Seller and Buyer. A copy of this document
may be executed by each party, separately, and when each party has executed a copy
thereof, such copies taken together shall be deemed to be a full and complete contract
between the parties.
23. EXISTING DRAINAGE FACILITIES. Should Seller's existing drainage facilities
for Smuggler Mountain Road lie within the boundaries of the Property, Buyer agrees to
grant Seller an easement or easements to retain such facilities in their present locations.
Provided, however, that the Parties understand that no such facilities will interfere with the
building envelopes contemplated herein for the Upper Smuggler and Sesame Street
Restricted Units.
I thank you for your consideration of my offer.
Sincerely,
~CC~~~t~ GtX1~ ,~~~t°~c~.
Thomas Figge ~ % 3/
~
EYHIBIT A
' sCES:n~r~~ ~ - scCt,oz~ 2
l'~;~CG~TIC3Ir"5
Oi•clcr:~i~~n~t~ta-s ~SSS
Tfae p~olic~, .ar polieics t~ tic issxreti titit9 ccinliiin c~cclf7ans tt~ t~i:c f'c>'].Ffl?~~it~ ; Uritc.~s thc~ sank
.rc dlspcrs~c~l tii'tc Cltc sa.ti:sfcction of tE1c Co~utrln~~.
1. 3ti~lYts or ~:laims cL panics in l~t~sscssion, nat slxcitism b}~ ttrc Ixut~li.C rccCirds:
)ra.scitt~:tits, c}r claims cif eas:trYi~:xits, ruat 5llp4vn b}i the pti.~alic rccorcls.
3, Discrepancies, c~otiilicts ixr.Dotintlcir}F 1~4s, s.1Y~rfri~ciai;cr~:aa ~iic~~iiic~lrrt~~rlts, rirxc} arr}~ f~iots
~,vliitli ~ ~corx~ct s:un~cy :tac3 nsp#;utic~ri .qf ttic g>•srrli~es ~t%citflci ~i`s~clcise. and ~~rtii.c~i nrs: rxsil
5}ic~~~~n ih.c ptiUlic rccai~}s:
lit;rk; nr right to n ].ian~ ft~r;st;r~yi.ees, labor ar rrT3teri.a.1 ltci`~t~attrre ar }ierc~ftrrr firrfy:i.sl~c:~},
i.ynPciscii t3}~ I~~~~ 41.iici iic~f s7lo~vr~t~~i;}~ f1ii; pii~lic rcear~s:
5, Lac:fcct~5,. ~i~n~;.~iyc~ttt'~r.~nces~ adSr~rsc~cl~.i:xns,~r ~t}i~' rtiaitcrs, zf ~in~t, cr~:iitcd., fit'st al?j~ciritx
t~ ~ „~zt,~ rc~r;1s ~r::~tt:ictYin~ sibsG.iiuent tti t11c clTcciiz~e ~~~c licxcr~l', ~~~r larictr to flit uric
tlic; pr~p~?scd ilstrresl ii~clura`c~:`Qf'~arci for. ~~yiliac t}ic; csttiiC ~i' ~ia~teri.~t or i.~csrl~{~it;~ tltt~r~an .
cps%crei3'l~~r t~rs° ~Qii~t~i#~~cif~
w
Unpatert.t~l nxiri~.nM.:cii3iriTS, re~.t:r<rat%oa:~_.r~r cYCCInioirs. rri p;~#i~tits.; car ~n a~i tiutiliQncin~. t`~c
issun.nec; tlacrc.tif; s~~itci ri~liis, clnir~s ~r` titltt tt~ tvaie:r .
T: .ran}.ixncl a1I iiiipixid t:i:.xes and ~s~cssriic:ri:iK a>tc~ arr}~ unrai3ecniecl ti}~ s3i9~;~s.
Tlic effcc:t of
ir.Gfisiatis i.Fi ~aix}f ~c~Y~i~l Qr s~rc~if:~~c i~f;~t~t` cc~t?~er~•~~n~;?~; fire }ar.~ti;ctiia~tt sail
ecn5cr~'iitio3i tii' tiili~c.r d:isti°iet.or iricli.rsi~rt xzt ~ttSF t~~~tcr ~cr~fcc tir sfrctt~ii~rrtiti~i~x~iciu i?re~..
t~cscrv~atiori. 4ts coritainr~el i.n 1In~itcel Sfst.cs t'ettertts recerrc}e~I. ire t3can~. ?S at l.,rr~ ~~t~ak; 17~ :rt
~rt~t: I7IF iix I3UOlt 17~ ,fit P~.~ 1:G5 as ftllo~tts: That t.}3c~ ~rcltiist°s :Ia~r.~~?~~ ~rnntrc}; t~~itii: {h~~ .
c~~eptinir of'.tlie slrrCacc:, nab}~ bc:sixi~r~~el.h~l tXc prca~rri~lr~r i#'r~n~~ o.{leer ~icen, Ifldi:; ~vr lyd~~';.
Eh~: ti3p cite: ~f,~flicrt lr~:~ otrl:Siclc cif the t~oimclar~~ of 5tiid ~rniitccl .prcitiises, s~iattltl {Iii
st?rxic iri :its dip he [`c~tytl to Icnr..tr~iLe,, in#er~cct~ `sir e~t~rttl tiro ~xr`itl pr+~rsiacs, fQr thc;purjaosc
of ei:Iracti<n~~~i7t1 reriip~~rit~ t1ic: tare frrnri.su~c}t ~~G~iii, l~cl:e, or lixi~c.
~'c~niis, ct>ndititinst nbli~itti~its ,~rnti prei~isii?r» cif r'~~;~rY:t;~mciit lac't~~~ecix Ci;?~}'enlxo~~c~ci tl~I:iuic7~
'I'r~iris~itirtatiti~ tttid l~raiii:r~~ Ttiiiriel Ctimp~~rrij~ tm.c1 F3ia:siric~ae~:~cr A~`iziiii~ Gcim~rin}~ .z~ set forth
iri iris(rtzrt7crxt rccarde:.ci C7eccnibcr G, 159th in ;3ook Sfl at I'~~gs: ~?2 ris }~tet:ptinrr ~Ici: ~90I7.
10, 'I'cRtis, eniuiitc~tss, obli~ai.icir..i5 ruin prav:isiai~s of :'t~recn~crii 1~s;t~i~cLn Co~~~ct~lio~~cri ~a~ituclt~:
'I'ransliort~ztion.and I~rai,ri~c~c'I'urtncl Ccirxtli~7n}' ii~ul The I?isllii S ~~}iar?t; Coitil~~tiy its :4i:t forE.lti
in iitstnrmrnt xecUrclecl Fctirtriry~?, I ~9t in IIci~iS: SD ri:t Pa~c ~St) .rs 1~~=c:cpiicii~ 1tici, X027?,
ooooio
11. Z'cYrrTTS, ctar~clitit~r~s, {abli.~rnli.olTS .tncl ISra~~isitTns i15 CC)ITttIlITL'd In C{:~t~tr~tct aiTd r~~;,reCnTeAt.
i;sehvcan. Ctr~c=ctylT.atiTerl Iwlirliit~'1'rattsp{~rt.atit~rt ttttcl Rr~ilara~e'I"Tt.nitel. CrnTaI}any tulil llte P{~rTtiac
iti~linir~~ t~t~ttlltinl~}~ f~:s sct fttriit irx irTStnalnt:~rtl. re~c<~rcled s~,fifrr{:It 1 fi'b'? ieI Book 1 ! ~ Ilt I'A:~e 1
txs It{~ce;htialT No. ~65~~.
12, 'I"crrxTS, {;oncii.ti{~rT~, ol•~Ii~;~ltians rtittl Iirc~~~isialTS fts ~:t)3Ttt1.ltTecl irT Cc~rltCtiCt l~ct~:accn Goti~~t^It1t~vGrt.
~~iTt:itt~ 'fransportatian ta.rttl Drainn~c ~"uatncl CcaIT}~aany rrTi.d ArkalT.sft~ti~ ~Gc~n~:{aiiciat~~# Iw~lilTin~
GompiaTT}~ t1s sct forth iat i.ITStrtl~ricllt r~arrlcd :A;pri! ?t?; Ifix~l in B~oi rtt f~3~c CG ttS
Rc~cclrEi{iIT ltr,. *I0~?(l.
13. Ter~t'ys, ~crn{litiaTts, t~kyl~~Iatulas.anil ~~~~~isiaris ns tiet ~'ttrfkti iTt Qiiit ~Ifii.m I7trcr~ frt~rl.1 ralin IL.
~~~TIlI:YITIS to I~ttti''itl. R.C:: F3roti~°ii rccr~r~jt.<Cl A~i~t~cl•s f~, 1 ~~5isi 1301•; ?~l rtl 1't?~c S~ it.s l~iccc~fiott
~?cr: 1 ~?(15~.
l =1. `I'crrii.s, aoi~tiitiai~:~, c~li~ii,~atioris, ~rtj~~tsic~.txs ~Tri{L s:fl:sc?t1t:i~tS ~?f ~ttsclT~~flt ~~~r'cc~iracnt bet~~fccn
I~clla. S Ci)ns{~lic3tTtc{I IviiT~~ Ct~tt~~3n~f ~Irld Xfln~es 1,~tltrl~~tlul~ns-ttnd I2t~ItYttTy~ Iti~Tttrl:7.lu:n~s as 5t;i
l~~rftl ~iia ilTStT-IaTT.lont rc~ct~r{icel i~~tny~ 18, 1~5~ irT .Wool; 3tt7 nt I';t~~ 1.09 fIS I2z{:.c~t:i{~rrt. h~ta.
11.77r1fi.
15. rl~cI'1y15~ CCYxT.G~1ti.C11'is, d~1.i~t~tialtS, ~I'ti1'isiUI15 lt]G1 L~#:SCI1~Ctit~S O~ ~rLSf:t71CITl 1~.~l'-Gft1CIT~ I)L'tli~ci:n
`I"~~t}. of r'~s~aan, Inc. anti. Trice 1~ttcrnlTtan;il, Iitiw; tts sfw.tr.fc~i~tlt i.lt insii~tt~{~nt r~cae~ed ~'ir.iiiii~r}~
g7~ i.'~cuk :t~~? t >~i~r* ~nG as ltcc~ltt?c~rt 1Tp;~? 1~G5~~
l tr. 'I'eruTS; colTtliiic~ils, tjlalit~iliia~is. pro~~islcirt~ tttiti ~ eascuicTTts of I±tlS~rs~cl~t~ ~ii~ _ Agrce[tTCttt
bct~v~cn ~ yap t~~f ~~spc:Tl., lnc. aitt~ Iw~Iiclicll ~13c5~c1~oliliTent Ccar~ctr~.tit~Ii. of t3•ic~ Saut~~:~'o~l tl~ srt
f~al~llt::'itz itl~trtiTixcnt rGac~r~3~d Oc#cib~er 1978 id F~cit~i ~ 5~ fit 1'aT~e 9.5~? ~iS Rt'~c~atian h~ei:
~C~fi~~~ .
17.:~ca~r~#ttfictti ~if'ttc:~:c~:es txt~tl utili:t~~ fi~r~cit~t<ztt'itS GA}it~iirtcci lrl L?c~•t1 ~I`t?I'i~ 7"ey~ c?f rlsptn, irta..tt~
~~Iitch~ll Da~~alUpnTCaTl.Ccar~oic,tti~ti t~i`tii~ 5t~utl3t~~c~t recort3c~{1 {)Gt{~Ii{~r I~1fi1 iii I~t)tik.}115
ftt I'ti~e :~72 a.s ~tccept:ia~ri ~1~:"?3C~1.~5: .
1 a. Tcrritsr aA'r?.fil.ti~~ra~s, cit~Il;€atictns t~td !at`~1~isazys of ~t~rrclTttrnl i7~t;~l1~rC~~i tit.e I3t)Itr~I t~f Cc~urat~,.
Cntitlt~i5si~ntrs of` tltc Gcttttat}F af:.E'itlin, ~olartlda Iinci Tctp of .~sl?Grt, In{;, r~;cor{Ier1.~~3a}r'~~,.
171 iT~ I3tacal: ?SS ITt I'r~~~: 5~1t1 as Reccl~tiGStt TMlo. I=~5~1.~ and <is I~icaclificcl c?r. a.Inc:lttlcci k~)r
scttlcnTCi~.I fs.~r~citt~iy.t.. t>4t~~°c~TT llac I3oiirct of CcTant}I CcimttT:issiaT~crs of I'itkiit ~'{)tln~}r,
Ct~lo.rtci~ att.d Tai}~ 1~ h:~talTnc rccorilt=ti hxl~rr:}5 ~4', 19SI in I3~t~14 ~#'C1~ at i~~~o 29~# :is Itc{;{i~t.txn
I~lc~. ?a I fi?5:
13. "I'cfzls, c4itclit.lt~tts, {~l~I~cltli7[1S aIld Ixro1'~S1oR~ ~f I~cS(.IILTtiUI.t :I'~t~.` fi3~?1~, ~3tattrtj ~f ~pulit~~ .
COITIixTI~SIt)I1C;I'S taf .I~ifI:7T1 ~f?11r1t~' ~U1'C~rfiClci. ~tl~ stsl C{~rt11 .ir] .instrarilclll. rccartlc{l A•4irrclz . .
l~S3 tIT I~Q{)l ~=i? +~tt. 3'~ti'3"70 t?~ I~ec.ehpii.txii I`o. ?ra;i~~l~.
TcsrTt~s, ai)ttcljtit?tT~;, nbli.~tations, rrotiFisiaris.~ind cascrTicrifs {af 1;{isc.[zlcJlt ~'~t;rcCrilCnt: t)ctti~~t;cn
'1'oli {~i' t~si~cli, liaC, tint! Si'l~~a;~r hind :~lssaci~l~.*s a.~ 5~l Fc?rttT .itT iristriitticnt. rcccir~]cc3 Santa~Ir}7 9,
1 [~79 in i3ttnk 3~iI Ott f'.~.~c 3l ll as R.cct~E~tiort ~1t,. ? 1UG~i{I.
~on~~~
- ? 1. "Corms, t:CJtCi1.~iC3I1S, t~blir~llit~n.s, ~ravisi.ans ttr~(i cascri7c(tt:~ ctf Etlscrrtcnt A.carcement li}~ atacl
ttiettitiiccn Jncl: Jcral.'irts un(1 tlic S.aiti•xttittn l~itcit Ca~mp~n}', a Ga.1.arnclQ carj~orrititata as sot :forth
in ilistnrmcnt r~carcl~rl Selatcaatlacr 1~, 1977 in I3aci1; aa5 Fa~c St) !ts R~:trt~iation 1hca. 1~7~f3t1.
Z'?.. Tcrrtts, ctitl~I.ititirts; tittli~rytifltrs, provi~itans ttstd c;tst~mertt5 ttf 1•~~setnct~t A~;rt:crrtc~nt fat;hti~eeri
,~lr~in 12. l~c~rat~ti~c arrtl t}ae t?vunly t~l':laitkirt, Colvc~n~ln, a Polictical sUlt(1r~•isir~n ;.i~ sot forth in.
instnlmtTit rae~r(3eci 1''clartr~rry 1'7, ?t}a~i ~s 1~ecc~titJta Nca. ~'?09G9..
23. 3t~ #`aat Acct~~s E3tstnacttt to L.nt 7 Stttuiy~ 1~ark Rort}a frtytzt Srtiu~,Icr 3~~ntttal~tiia 1~~nel ~s
4ltcnt~'r~ c~li 1'lrtt cif Surtra}~ 1'.tirk ~iortla 13atm:tlrir'~r ritlj:ustl~at;nt araci 1lnzttr;~<ttian. I~1tr1~ rect~nclcd
:~(igust 37, 1JS7iti lslsit f3oa1: at I'a,~ir ? as l~ccci~tian ?:922t?~.
Ri~;iit crf ~i•Ls}~ t`t5r iite S+th~atic,n .[ditch.
?3.'1'crrns, totul:itioiasa ~bii~ttfic?rrs; J:traC'15Iat18 8.T1:C1 G~iSCtttC2t1$ LOf Iat15CII14flt A.~reCxalCtll ~S~' artcl
17(ti~'coR l~aS~ I~.. 1::ialtnc; Sii~~crking In~~estmcitts l.,tt;, ~~'cs~tc.ni S1c~~c;,1'i'tti~crtics, Inc. ~rtcl
~'~~c~terr~ :Slri~~~ I~.e~f~lti~ivei~t Cv.; '(tnd .J''~it~:n Coat~t~i? ~C~1vr~lt~ti sis sot forth 'iii instriameitt
~cc~xdci! i~lei~~ciii'her 7; iii Boolti ~5~ t!t :~a~c 11.3 .7s :»~ccciiiicari T~~: ?5~#77I..
2fa, `I'c~mis; c4ri8i.fans, obIt~attit7v.s, ~aro~Fisivas artcl. tttfictat~nts o3' E~.s~raicrr#_ t~,,rctrtxaetit b~' rind
b•c#~~~zt;it Siltfcr~:tt~ Ittvc$tanertts, I.td.~.~ Cttlorztdo Iirn#eti ~a~irtraer'sli.~~ tita:cl C~iunty~ t>f1'itl;iri t~~
s(;t: #`(?~t#t ~in. iil5trittrttitt rt~c(ircic:l l~~ti~tttal~~r 7, Y~53 in Bnct1 at lita~c IBS tts li;ccelatitan 1~:ta.
7;1~•r7
'?7.1~~.~~rrat:ral Iiy~ and iScttiviceR S11.Vt;rk~tt~ ~rt~~~stnitnts, ~ti1:d a ~cil~ra(Itt 1ii~ltctl ~7tir-iner~liilt ~artsi:
i7t~ Gixtiirt,}~ :af I'iil:iti tt~~ ft?rth in iristnrnie•iit~ rc~t7ril~i~ Nati•criih~r 7`, 1~9~3 ri Bc~til X5.3 at
1'u~;tr 1 ~-'S tts:i~t:celt:i~ti ~1~. 2aj~773k
7'criYis, enitc11ti4ait5, tahli~n#icrns, ~ro~~i:~italzs r~tracl iwsis'Ciitrats of A~ccriertt fr3i` Lt~c$ncrt by ~tntl
t}L'tl'4'~~tl rA}' it.. 1~lahrlL' ilR(~ tlt~ Rttarcl Qf ~Ollt7t~' Ca7IyIl)iSSaClalt,:t'~ Of 1'i#~:.irt ~{)L1I3t4t Co#vrailb
as sc[ ftirt}a itt Snstxuaai~rit rt:rarclctl ~oi'clahc:r 7, 1953 iri Btaa~ l.t r'a~~ 1 ~1 afi l~trt;t;ptitrn
1~tn: ~a~7~~.
Y
. 'a~, 1 ~*ri~i~; cantitt.aon~, tat~Ti,~tihCtfi.~, lar~t~~slart.5. niYd cr;scmcnts ttS ~~~.fietiyt;i~t .~~rcer7tc~t tiff titict.
laci~~~:c.rt .T;ty',I~.. 1%tl~atltr Atit~ ~~tiiti}r Ql'~?iikin ~(s Se# f~a-t~i in iti~l~`ut~itrtit r~cc~rcle~l V~~~cinber 7,
I in 13ac~k: ~~S ni 17~t~~. l~f us Recclat%t~i 1~ci.2~.~775! :
3~: 'I"ci-nts, e~iiidititari§, ci~ali~attin:s tirtci 1~:I'a~fi.sions of Ordn~i~cc::'~~~tai{iii Ccrt~iri r.,~;crtacitl I-3c1ti
t»~ I'itkiR ~~ltl.tlt~' '1'1iCt?ti~}i F-lunier ~recI: ~Coii~ioriti.ziiiirris .is set. fnrtli itt ittst~'tititCrtt ~rcct~rtlccl
Jtiztc 11., 1{~97 in Back C50 at 1'~~e X39 as Rcceititin. Nca. 3~~731,
~i 1. I"arnz5~ cCxrtdiLi~tt~~ ta~a~ilblttt7ll:S Y7.tat1 j~1'~1`7Sldr]$ al' !~tl C)r{it111nCe t}t' tla~ l~t}t!T`(I Ctttlht~~
GbiT1111tSSj47L1~1'S taf Pttkiii C~tintj~, Goacarad~ f'~xttlc~ri:rut~ tiie Clt,iir tq lvx~ctlc:~ Quit G1~iiiS:
Dtrtl, ~,r,ti~#itl~ n 1?articrii fl:f t}tc: ~'~~lc~llic Giiisttii 1?urtrt;I lt~ lift; ~ityt caf.?1~li~ri, {~rtiinalice i~Lt.
9S-?fi ;~S :titi:t t~~rth itt ii~s:truiiiGitt rt~cortlcd ~1~~vciilhcr ~7 13~?5 as l~~.ct~tsc?n 7~0: ~l?<1'07~, ~iriti
rc-r~ri~r~3cd 1'LI.~I'tL~II'y ~7, 1 ~~9 .t5 .Rec:clitit~rt l~~n.: ~l?799ti.
l
'?'.7'crirasa ccanditc~n:~, obli~irtitx».s riticl. ~rovisitaTrs tat' i~csolutic~n csf ttr:c l~varil of Ct~itnt}~
~0T112r1~S5~021er tai:' 1'.itk~iri Ctautlt}~, ~alorntio :'~dalitin~ tr Cett.tt'rl.int: I~cscriialinn of tlao
S2t~u~~lcr s~.}torzniati.n I~na.tl, [~cspltttioti i~'t~, l~?3-2QClD as st't fart}r i2r iTZStr<tntcrtt r~cc~t'drrtl.
r~tk~lrst 17, '~QQC? tiS Rt:c.e~tfon No: ~1.~ ~ i i 3. .
Lir~c2ncnts, .r~ht~ ~~t' il:C1Gl c~t}TCr 2nnttc=rs ":TS 511o~tvTt sttr(I cta~ttiiiaerl trra 1041 }°Tra~,itrtl I~et~ittit+~~
h~f~Tis c~~ thi; k'rola~gsccl l~~iollit~ CribstiTT Furl; ttrrCl access R:n2ttl rccnrclcel. Jisnc~ 1~9~ i2Y i'l~t Bonk
37 tat ~C'tr~t; t~~ n~ l±;:accptit2ta Ica. 35?'t31 t7.
:~1{?'~'1~., ~oltartrtlo I~i.~Tisitan {3f Insktrtrn,c:~ ~t~~iil.rtior~s 3-~-:1, .t''itr..Rit,~tl~lt C ta#' Articlo. ~rli
2'Gt]lll:ri::5 tltr2t `~E~+ryx ttl.c ~tT.tit~~ Sl~:al`1 be re~s~at~nsibl.e i"~r ~rll ItliCttt~I'S tti'It1c.11 ap}~t:F2r oT record
l~ricac t.tr t11c tirrtt< Caf rccarclin~ x~~ISt'i2cvcr flit; iifl.c ~:ittit~~ tctttclucts t}rc; elt~s'iir~ trnti i:s 2°t:s~tantibl4
i'or r.cc~rtli2r.~ ter ti:lira~ of 1tba1 dacuTi~cnts restt?fi:ri~ ft•carTa the trt2ttsactinn ~~~trickt. }t~~is clo;tct~,"
Prtr~~itictl itatrt ~~t;~t~ari Title cif t~-siit:n, anc, co2itl.tzcts tlrc c~lt,sin~, tzf'tlrc~itrsurcti trr2ra~trctitan anal:
i:~ res~onsilalc tt~r. rt'r:prCii2a~ #lre 1~~;231:.doctntat~rits fr~irt tare trtt.tTstrtrtitarr, t:xcclatio2l ilumbt`r ~
ti4'lll rrtat :r~iae~r nTrtllc {~ti4*It~r';~ "1'it~le Po1it:3~ air~1 tltc Lenticr's 1'txlicy ~?illcTi isst?t:d:
I4t7~'~: 1'eCiGics issued licrcutTder:~uilllcstit~jtr~t.to t~~~ter~n.~~ coi~tliiaiTS,.irr2cl c~cltrsl,n2ts pct ~ .
f~rt:fa in tlrc a~C:I"~1 1911"? ~'cile.~~ fcir°ttt., Coi~it*s of fttit* l'~9? t'c~2in ~aoi:i~ydtte`~.tr't, st*tun;~ ftarf.lt
52121:1 t.CC21'1S3 t;taztti:ititattS 21n:t~ e~cltaslans; ix~iIl tic rTitit]~ t«~~ilrikaltr uCrcTr rr:cltrc~l.
f
' i
{
F
3
1
d~
i
1
i
t
s
i
. ~ ~ 3
t
i
3
l
QO(~41;~ -
EXHIBIT
D
•q~e~
~.~t4c
~ E
~ ~E2i ~ ~
t(S
A•.Sr
{a6S ~ S
~I~~a e!
45-'I it E
~ re
,8
•i:
i
! i s-i
! ~ i iil
~ 4 .5 eta sA
i , a, S x:
• y ~ ~ jty~ ~ t4 `s [ F
• q~ ~ ' I i ~ ~ +'rr/
4" ~~Vtt ~ _
~ i
' ~ i r
i O ~ ~ \
~ ~t 1..._
\ i ~\r.. .wr.aaa ~ ~ i u
~ ~ ~ ~ j~
tj' ~ ~ /
N
4E\ i•
H
' C
x i~ z
k
- w
k ~ H
i'~ ` ~ Q
~`it-. o
~ ~ ~
i~
tn^ ~ o c / °A
j 'n ~ / X
rn ; T /J
~ ~v
~ . •'l
~a,, ~ ~ c >!3~_3:;i ~ a i. Al,k~~a~~=m~:t ~ ~t~
E " !i ° ° I _i• a ear [!!!!~likk~! ,_.,~{Fit¢r •8
l=~ ~ ~ ~ w I' ~~S t.i ~ ~ :t~ 7 A ~ ? Z Y44i4i431333~t~•`r3it ~:a
ne a ~3JIi ! ~ ! ~ ~ -~6 ~tuer;esss t 2 t4
r ~ € a ~E ; ~ - - I Af •e~:fies:s~t ~8'E 3~:~,E g.
r x ~ . i~.t~ y .E ~ ~ r di:,wceti.ess iY~ ~ E
a'e a~~'t i. a~,- 3' ~ a Csc «Fa4~ r~ ~e !k: E'• 9:k r!.
F' ~ ~Cl{~~ F E_k a ~ fi£,a:eL.-'7 s-~.i_a a~~ ~p.
~~2 S tit " i ss I !a .trrEHlig"s° ; K j~• 4' ! ~ °
'aP ~ 4-€ [ ~ t.LEt~ ' ~'Fe~iig ;C S
I at ~ E~li~! ae F'~5~Sa Iii 2!'• t{ ~E
s' " ~ ~ 4 A E i a~Ak.'~ 4 R~A '(I ,k .
c I
F~ P.'!• ~ 4 F r• 9~ S Y~~-~ja~ t a~R It g
t ~ a if I qp- !
• ~
~
G~~yIA _ ~ g 3 t
:~`r " "F _ a
~
;;nit 'v ` ~
~F a '
dt ~ • « • ~ Y
yy Si
ii ~
lli~ '~f
~ilir
xr~I
aaa~
~
a= f ' 't
n a~ ~ ^
i
3 ;MVOGiiI SIOVNTAIN`~
ApAb ~V
b ` 'i^
„ ~ t.
p ~ ' it 4 - si,~
a ~ r -
~ ~ r
f~
*i
Op ~
3a 4 MrA iN ROAD
~
~ ~ =
Z y
C
Y
= M 3 UO Lit VN
s +N .
• H lOA
rN
6[i
ze"s
-.x
Y~Z
t~daSF ~r.-i °
'.y~ "'r~tl ~4 c
O
mo
H
®0• ~ 0
} pp -1[T1~
iRXSa[~taa~ffbq~Y
A~ g ~ t i E$til F ~i d
a~~ :AA~i~~d~~ i ~~'a~I~S c ~ ~~tEx_ta,-" j F~ z
q_ < < ~ ~ x
M, ~ ^ ~ ~ 3 ; i t~ ~~L E ~ a ~.L ~'--L'T ^ ~ ~i\ E~~~i. ~ ~ L ~ _ ~ H
Y` t i s 76 i t AC ?a .f ~ L - i S
L i ~ I SSFF
Q - t l~?p i +'11.1 {
~~t~ ~I.
a ~q ~ ~k e
d ' "y, Y: ~ 6ai3~~ t
_ a -r ag
~ ~ L',i 9-~A ~
~S~i~'E i
0
a t j g~ i.~ j' x
t E
Ct ~ }S x
t
~ i ~
fi ~ i A
?E: t i
eb ~
EXHIBIT C
ACCESSORYDWELLING UNIT DEED RESTRICTION
PURSUANT TO SECTION26.520 OF TILE
CITY OFASPENMUNICIPAL CODE
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered
into this day of DATE, 20 ,OWNER, ("Owner") for itself, its successors and assigns, for
the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County
Housing Authority, a multi jurisdictional housing authority established pursuant to the THIRD
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January
8, 2003, at Reception No. 477066 of the records of the Pitlcin County Clerk and Recorder's Office
("Authority").
WHEREAS, Owner owns that parcel of real property Located at PHYSICAL ADDRESS, in
the City of Aspen, County of Pitkin, Colorado, more specifically described in Exhibit "A", attached
hereto, upon which is situate afeee-market dwelling unit, which will contain a SQUARE
FOOTAGE square foot, NiJMBER OF BEDROOMS, accessory dwelling unit ("Unit"); and
WHEREAS, Owner agrees to accept acid impose certain conditions on its use and
occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual pronuses and obligations contained
where, the Owner hereby covenants and agrees as follows:
1. The Unit as identified hereinabove shall not be condonuniumized and, if rented, shall be
rented only in accordance with the guidelines as adopted and as may be amended from time
to time by the Authority governing "resident-occupied" dwelling units.
2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in
the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not
less tl2an six (6) consecutive months. Owner shall maintain the right to select the qualified
resident of its own choosing when renting the Unit. An executed copy of all leases for the
Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified
resident.
3. The covenants and limitations of this deed restriction shall run with and be binding on the
land for the benefit of the City of Aspen and the Authority, either of who may enforce the
provisions thereof through any proceedings at law or in equity, including eviction of non-
complying tenants.
4. It is understood and agreed by the Owner that no waiver of a breach of any teen or condition
as contained in this deed restriction shall be construed to be a waiver of any breach of the
same or other teen or COlldlt1021, nor shall failure to enforce any one of the terms or
conditions, either by forfeiture or otherwise, be construed as a waiver of any term or
condition.
IN WITNESS HEREOF, Owner has placed its duly authorized signat<ue hereto on the date
as described above.
OWNER:
By:
Mailing Address:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by
WITNESS MY hand and official seal.
My Commission expires:
Notary Public
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing
Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Sheri Sanzone, Chairperson
(Notary on following page)
2
~3
STATE OF COLORADO }
ss.
COUNTY OF PITKIN)
The foregoing instniment was aclalowledged before me this day of
20_, by Sheri Sanzone, Chairperson.
WITNESS MY hand and official seal.
My Conunission expires:
Notary Public
\forms\adu.dr
3