HomeMy WebLinkAboutbocc.ord.027.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIRMAN
TO EXECUTE THE NECESSARY DOCUMENTS FOR THE SALE OF WHAT IS
KNOWN AS THE PITKIN IRON PROPERTY IN WOODY CREEK, COLORADO
ORDINANCE #98-27
RECITALS
1. In 1990 the County purchased the Pitkin Iron Property from the current owner,
Mid -Continent Resources, Inc., for the purpose of placing affordable housing. Attached as
Exhibit "A" is a copy of the legal description of the property, which is located in Woody Creek.
2. In 1997, the County issued a Request For Proposals ("RFP") for purchase of the
property. The RFP envisioned sale of the property to a private interest which would in turn
develop a portion of the property as affordable housing.
3. The County received 4 proposals in response to the RFP, one of which best
satisfied the desires of the county with respect to future uses on the property. The winning
proposal was submitted by S & S Development.
4. S & S Development has submitted a contract to the County for purchase of the
property with conditions that include construction of affordable housing on the site as well as
payment of $1,400,000.00 for the property This proposed contract is attached as Exhibit `B".
NOW THEREFORE IT IS HEREBY ORDAINED, that the Board of County
Commissioners of Pitkin County, Colorado authorizes the chair to execute the necessary
documents in order to complete the property purchase between Pitkin County and S & S
Development by executing the contract in substantially the same form as attached in Exhibit B,
and to execute such further documents as may be necessary to complete the transaction after such
approval of any such documents by the County Attorney's Office.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
22ND DAY OF APRIL, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 25TH DAY OF APRIL, 1998.
APPROVED UPON CONTINUED SECOND READING AND PUBLIC HEARING
ON THE 26TH DAY OF AUGUST, 1998.
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Ordinance #98- di
Page 2
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 10TH DAY OF OCTOBER, 1998.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING
FINAL ADOPTION BY THE BOARD
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Deputy Clerk
//av,per__,e ),o1
APPROVED AS TO FORM:
Deborah Quinn 0a/�`�
Assistant County Attorney
LC/ORDS/pironord.doc
Dorothea Farris
Chair
Date: i4 -/— 94C'
Suz e Koncjian
Co Manager
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lig
#328753 12/12/90 14:39 Rec $15.00 Br 635 PG 935
Ree. Silvia ;.)wi.s, Fitkin Cnty Cler 00C 't.uO
Recepnon ne.. ...., �..
Tnis DF.ED,Mnde this Sth day of December
19 99hcttveen PITKIH IROA CORPORATION
n corporation duly organism! and existing under and by virtue of the !Iwo
of the Ftnte of coloracio
of the first pnrt, and
THE BOARD OF COU:'1 Y CO;IMISSIO:NERS OF PITKII'l COU
Political Subdivision
YktAlloradlo:t duly organised and existing under and by virtue of the laws of the State of
second part:
R'?CORKER'S STAJ;P
Colorado
WITXESSETI7, That the said party of the first part, for and in considcr:.tiot, of the sum •tf
TEN DOLLARS AAD OTHER VALUABLE CONSIDERATION
, of the
XtRZISMX
to the said party of the first part In hand paid br the said party of the serend part. the reeeipt whereof is hereby
confessed and acknowledged, bath granted, bargained, sold and conveyed, an,! by these pmsents does gr..nt, bargain,
sell, convey and confirm, unto the said party of the second part, Its successor:, and assigns forever, all the following
described or parcel s of land, situate, lying and being in the County of P i tk in
and State of Colorado, to wit:
Tract 1
A tract of land being part of Lots 6, 7, 8, 10 and 14, of
Section 8, Township 9 South, Range 85 West of the 6th Principal
Meridian. Said Tract is more fully described as follows:
Beginning at a point on the Northeasterly right-tf-way line
of Colorado Highway 82, whence the Northwest Cor,'..er of said
Section 3 bears N. 54°11'22" W. 4606.09 feet; t:.. rce N.
la°48' E. 134.85 feet; thence.U. 1°23' E. 318.64 feet to the
center line of Roaring Fork River; thence S. 86°24' E.
116.57 feet alon the center line of the Roaring Fork River;
thence N. 0°38' W. 466.25 feet; thence N. 10°39' C. 21.91
feet; thence N. 15°45' E. 15.92 feet; thence N. 0°17' W.
534.28 feet to the Southwesterly right-of-way l.inc of the
Denver and Rio Grande Western Railroad; thence 47°03' E.
181.55 feet along said Southwesterly right -of -tray line to
the Last line of Lot 6; thence South 301.20 feet .!.ion.; the
Last line of Lot 6 to the Northwest Corner of Lot 3; thence
East 323.54 feet along the North line of Lot 8 to the Southwesterly
right-of-way line of the u.&it.t.;.W. Railroad; thence S.
47°03' E. along said Southwesterly right-of-way line, 5u:.15
feet; thence S. 42°57' W. 80.00 feet; thence S. 47°03' E.
225.00 feet; thence N. 42°57' E. 80.00 feet to the Southwesterly
right-of-way line of the D.&R.G.M. Railroad right-of-way;
thence S. 47°03' E. 185.45 feet along said Southwesterly
right-of-way line to the East line of said Lot 8; thence 3.
336.72 feet along the East line of Lot 8; thence d. 36°28'57"
W. 672.17 feet to the Center of the Roaring Fork River;
thence along the center of the river as follows:
S. 28°49'07" E. 211.41 feet; thence S. 32°54'19" E. 215.70
feet; thence S. 45°04'37" r•.. 116 feet; thence S. 43°29' W.
434.30 feet to the Northeasterly right-of-way line of Colorado
Highway No. 82; thence Northwesterly along said Northeasterly
highway right-of-way line to the point of beginning, containing
38.25 acres more or less.
Tract 2
Those portions of Lots 1 and 6, Section 8, Township 9 3.,
Range 85 W. of the 6th Principal Meridian as described in
Deed recorded in Book 195, Page 359, ritkin County Records,
described by motes and bounds as follows:
Beginning at the intersection of the northeasterly right-of-way
line of the Denver and'Rio Grande Western Railroad (Aspen branch)
Xo. B9JA. WARRANTY DRRD—C,,Nesdr es hessseuse..-BMnN rumbhuse re. 114444 Moot Strove. Dom,. c w..t.-an
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o -soass
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ear9 a>•
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Exhibit
#7213753 12/ 17/'7tj 1 4: 39 Rec $1f.00 PK 633 PG 936
Silvia Davis, Pit! in Cnt.v Clerk, Doc 4.017!
with tote South line of said Lot 1, whence the Southwest corner
of said Lot 1 bears West 471.6 feet; thence East 66.0 feet along the
South line of said Lot 1 to the southwesterly line ,f roadway;
thence along the a:c of a curve to the right with a radius of
681.0 feet, a distance of 111.5 feet along southwesterly line of
said roadway; thence N. 35°43' W. 58.3 feet along southwesterly
line of said roadway: thence along the arc of a curve to the left
with a radius of 780.3 feot a distance of 343.4 feet along
southwesterly line of said roadway; thence N. 60°56' W. 226.2
feet along southwesterly line of said roadway; thence along the
arc of a curve to the right with a radius of 332.4 feet a distance
of 90.0 feet along southwesterly line of said roadway to a point
on the northeasterly right-of-way line of said Denver and Rio Grande
Western Railroad (Aspen branch); thence S. 47°03' E. 771.0 feet
along northeasterly right-of-way line of raid Railroad to the
point of beginning, containing 1.00 acre more or less.
Tract 3
That part of Lot 9, Section 8 and that part of Lot 3, Section 9
Township 9 S., Range 85 W. of the 6th Principal Meridian located
Northeasterly of the Denver and Rio Grande Western Railroad
Company right-of-way and Westerly and Southwesterly of the County
Road, containing 1 acre, more or less as described in Book 195 Page
346, Pitkin County Records. Also, together with all ditch and water
rights, including well rights, used upon or appurtenant to the abov.
described lands with ar s1.Qcation of .72 Gfs. in Priority #65 and
432 cfs. in Priority #c:-4 of th3 Walthen Ditch based on headgate
diversion measurements, but without warranty as to the availability
for diversion of any specific quantity of water at the headgate.
Included are�,all water rights used upon or appurtenant to Tracts 1,2
anci.t �ilifFtAii)fC11il Ug1444he heredknments and appurtenances thereunto belonging, or In anywire
appertaining, and the reversion and reversions, r••uainderand remainders, rents. issues and profits thereof: and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the ;rrat part, either in law or
equity, or, in and to the above bargained premises, with the hereditament,' and appurtenances.
TO HAVE aNn TO 110LP the said premises above ; .rgained and described, with the appurtenances unto the
said party of the na•nnd part, Its successors and aadgrts, forever. And the said
party of the first part, for itself, its successors and assigns, cloth eovenant. grant. bargain and ngtre to and with the
said party of the second part, Its successors and aaaigne, that nt the time of the en. staling and delivery of these
presents it Is well seised of the premises conveyed, as of goad, sure. perfect. aheolute and indefeasible estate of
inheritance, In law, in fee simple, and hath good right. full power and lawful authority to grant, bargain. sell and
convey the same In manner and form aforesaid, and that the same am free and clear from all f.rmer and other
grants, bargains, sales, liens, taxes, assessments and f:ncumbrancca of whatever kind or is ture owner. , except
for patent reservations, easements and rights -of -way of record;
Lease Agreement dated Februat•y 17, 1987 with Mountain Mobil Mix;
existing ditch easements; taxes for 1990 payable in 1991, to be
prorated.
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and the above bargained premises In the quiet and peaceable poasc..elen of the said party of the .reond part, its
successors and assigns against all and every person or persons lawfully Iniming or to claim the whole or any part
thereof. the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
iN WITNESS W1t6REM . The said party nt Ow first part hath caused its corporate name to be hereunto
subscribed by its presloott, and its corporate seal to be hereunto affixed, attested by its
secretary, tho day and year first above written.
hilt(fati'
, 1 , C
'~ 1
,• •' '•Ro ert De aney,
r
air.
P11TKIN IRON CORPORATION
1:y........� % 1
J. A. Reeves,
rami.kwt.
4779773 12/12/90 14:39 RPc $15.00 9t' 633 PG 937
lvra Dwi ,r Pit kin Cr,ty f.I rk,
STATE OF COLOR.\1,ri.
County or .....GARF'IELD
G,g11nn .T. .nrbaney.
MM.
a notary 1lnblie in and for said
.County in the State afnrernid, do hereby certify that J. A. Reeves..
and Robert Delaney.
who are personally known to me to be the same pt•:•wms whose. names um subscribed to the foregning deed as having
executed the same respectively as ...president and..
Pitkin Iron Corporation
secretory of Ni/fie
n corporation, and who are known to me to be
such officers respectively, appeared before me this day in person, and severally acknowledged: That the seal affixed
to the foregoing instrument Is the corporate seal of mold corporation; that the same was thereunto affixes by the
authority of said corporation; that maid Instrument was by like authority subscribed with its corporate name; that the
said J. A. Reeves is the...._..... ...........president of said corporation and the said
Robert Delaney
is the. Secretary thereof; that by the
authority of said corporation they respectively subscribed their names thereto ns...................president ar.....................
secretary, and that they signed. sealed and delivered the said instrument of writing as their free and voluntary act
and deed, and as the free and voluntary act and deed of saki corporation, for the aaes and purpose,. therein set forth.
Given under my hand and acal this......Sth day or......... December
My commission expires
June 24, 1n9.
. 1, 90
.. .. • ... , Nnew, r•.tdk.
813 Colo. Ave., Glens+ilieadpt ,CO
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CONTRACT TO BUY AND SELL REAL ESTATE
September 4, 1998
1. PARTIES AND PROPERTY. S&S Development, LLC, buyer(s)[Buyer], agrees to buy, and the undersigned
seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this Contract, the following described real
estate in the County of Pitkin, Colorado, to wit:
All that property described as "Tract 1" on that certain warranty deed (the "Pitkin
Iron Deed") dated December 5, 1990 from Pitkin Iron Corporation to the Board of
County Commissioners of Pitkin County, Colorado, a political subdivision, recorded
December 12, 1990 as reception no. 328753 in the real estate records of Pitkin
County, Colorado, containing 38.25 acres more or less. A copy of the Pitkin Iron
Deed is attached hereto as Exhibit 1.
known as the "Pitkin Iron" property, together with all interest of Seller in vacated streets and alleys adjacent
thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures
thereon, except as herein excluded (collectively the Property). See Additional Provisions Addendum*
naraEraph 8.
2. INCLUSIONS / EXCLUSIONS. The purchase price includes the following items (a) all improvements and
personal property of Seller currently on the Property, if any.
(b) Water Rights. Purchase price to include the following water rights: all those described in the above
referenced Pitkin Iron Deed and all those associated with any wells and well improvements on the Property.
(c) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows:
N/A.
The above -described included items of personal property are to be conveyed to Buyer by Seller by bill of sale and
the water rights shall be conveyed to Buyer by Seller by warranty deed at the closing, free and clear of all taxes,
liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this
sale: None.
3. PURCHASE PRICE AND TERMS. The purchase price shall be $1,400,000.00, payable in U.S. dollars by
Buyer plus the promises of Buyer as forth in paragraph 8 of the Additional Provisions Addendum. The cash
portion of the purchase price is payable as follows:
(a) EARNEST MONEY.
$5,000.00 in the form of check, as earnest money deposit and part payment of the purchase price, payable to and
held by the title insurance company issuing the commitment for title insurance referred to in Section 8 ("Title
Company"), in its trust account on behalf of both Seller and Buyer. Title Company is authorized to deliver the
earnest money deposit to the closing agent, if any, at or before closing. At the time of its signing this Contract,
Seller shall provide Buyer the name of the title insurance company, and Buyer shall deliver the earnest money
check to the Title Company within three (3) business days following the date this Contract has been fully
executed by Seller and Buyer.
(b) BALANCE OF PURCHASE PRICE. The balance of $1,395,000.00 (purchase price less earnest
money) shall be paid as follows: See Additional Provisions Addendum. paragraph 8.
4. FINANCING CONDITIONS AND OBLIGATIONS. N/A
5. A3'PRAISAL PROVISION.
(Check only one box) This Section 50 shall IN shall not apply.
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6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this Contract shall be timely
paid by Buyer.
7. NOT ASSIGNABLE. This Contract shall not be assignable by Buyer without Seller's prior written consent.
except Buyer shall have the unrestricted right to assign this Contract to any limited liability partnership, limited
liability limited partnership, limited liability company, corporation or other business entity in which Buyer has an
ownership interest greater than fifty percent (50%). 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.
8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, a current commitment for owner's
title insurance policy in an amount equal to the purchase price, on or before September 18, 1998 (Title
Deadline). Copies of instruments (or abstracts of instruments). listed in the schedule of exceptions (Exceptions) in
the title insurance commitment shall also be furnished to Buyer at Seller's expense. This requirement shall pertain
only to instruments shown of record in the office of the clerk and recorder of the designated county or counties.
The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this
Section 8, constitute the title documents (Title Documents). Seller shall furnish copies or abstracts of instruments
listed in the schedule of exceptions no later than the date of Title Deadline. Seller will pay the premium at
closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. See
Additional Provisions Addendum, oaraaranh 2.
9. TITLE
(a) TITLE REVIEW. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer
of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or
abstract shall be signed by or on behalf of Buyer and given to Seller on or before forty-five (45) calendar days
after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) or
endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document
adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) 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 the Title Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession
pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the
public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to
determine if any third party(s) 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(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given
to Seller on or before November 2, 1998. 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) 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.
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In the event the Property is located within a special taxing district and Buyer desires to terminate this
Contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b), this
Contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer
accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate.
(d) RIGHT TO CURE. If Seller receives notice of'unmerchantability of title or any other unsatisfactory
title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said
unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title
condition(s) on or before the date of closing, this Contract.shall then terminate; provided, however, Buyer may,
by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s).
10. INSPECTION. Seller agrees to provide Buyer onor before September 3, 1998, with a Seller's Property
Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer, or any designee,
shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's
expense. See Additional Provisions Addendum. paragraph 5.A.
11. DATE OF CLOSING. The date of closing shall be * , or by mutual agreement at an earlier
date. The hour and place of closing shall be as designated by Title Company. *See Additional Provisions
Addendum, oara>:ranh 8,
12. 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 warranty
deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year
of closing. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of
Buyer's signature hereon, whether assessed or not; and free and clear of all other liens and encumbrances except
(i) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a)
(hereinafter "Permitted Exceptions"), (ii) inclusion of the Property within any special taxing district, and (iii)
subject to building and zoning regulations.
13. 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.
14. CLOSING COSTS. DOCUMENTS AND SERVICES. 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.
Buyer and Seller shall sign and complete all customary or required documents at or before closing. The Title
Company's fees for real estate closing services shall be paid at closing by Buyer and Seller in equal shares. The
local transfer tax of n% of the purchase price shall be paid at closing by n/a. Any sales and use tax that may
accrue because of this transaction shall be paid when due by Buyer.
15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately
preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s),
any, shall be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer at the time of closing and delivery of
deed subject to the following lease(s) or tenancy(s): None. If Seller, after closing, fails to deliver possession on
the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment
of $500.00 per day from the date of agreed possession until possession is delivered.
17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this Contract, the
Property and Inclusions shall be delivered in the condition existing as of the date of this Contract, ordinary wear
and tear excepted. In the event tl!, Property shall be damaged by fire or other casualty prior to time of closing, i
an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same
before the date of closing. In the event such damage is not repaired within said time or if the damages exceed
Contract to Buy and Sell-Pitkin Iron. 9/3/98
Page 3 of Contract
4231
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such sum, this Contract may be terminated at the option of Buyer. Should Buyer elect to carry out this Contract
despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage
to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or
service(s) fail or be damaged between the date of this Contract and the date of closing or the date of possession,
whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or
service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received
by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or other
casualty, shall be borne by the party entitled to the growing crops, if any, as provided in Section 2.and such party
shall be entitled to such insurance proceeds or benefits for the growing crops, if any.
18. TIME OF ESSENCE / 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 other
obligation hereunder is not performed or waived as herein provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: All payments and things of value received hereunder including any plans,
specifications, reports and documents of any nature whatsoever prepared by or for Buyer and submitted to
Seller, shall be forfeited by Buyer and retained on behalf Seller and both parties shall thereafter be released from
all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to
perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and
additional damages.
(b) .IF SELLER IS IN DEFAULT: Buyer may elect to treat this Contract as canceled, in which case all
payments and things of value received hereunder shall be returned, or Buyer may elect to treat this Contract as
being in full force and effect and Buyer shall have the right to specific performance. In the case Buyer elects
specific performance of the Contract, Buyer shall have the right to recover, as liquidated damages and not as a
penalty the sum of $1,000 per month from the time of default until specific performance is obtained.
(c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any
arbitration or litigation arising out of this Contract, the arbitrator or court shall award to the prevailing party all
reasonable costs and expenses, including attorney fees.
19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this Contract, Buyer and Seller agree
that, in the event of any controversy regarding the earnest money and things of value held by Title Company or
closing agent, unless mutual written instructions are received by the holder of the earnest money and things of
value, Title Company or closing agent shall not be required to take any action but may await any proceeding, or
at Title Company's or closing agent's option and sole discretion, may interplead all parties and deposit any
moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable
attorney fees.
20. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this Contract,
and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. The parties
will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the
entire dispute is not resolved within sixty (60) days from the date written notice requesting mediation is sent by
one party to the other(s), the obligation to mediate, unless otherwise agreed shall terminate and the parties may
then proceed with such other means of dispute resolution as they so choose. This section shall not alter any date
in this Contract, unless otherwise agreed.
21. ADDITIONAL PROVISIONS: See Additional Provisions Addendum attached hereto and
incorporated herein by this reference.
Contract to Buy and Sell-Pitkin Iron. 9/8/98
Page 4 of Contract
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22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document Buyer and Seller each
acknowledge that this document has important legal consequences and that the examination of title and
consultation with legal and tax or other counsel is recommended before signing this Contract.
23. TERMINATION. In the event this Contract is terminated, all payments and things of value received
hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Sections 18
and 19 above, and the provisions of the Additional Provisions Addendum.
24. SELLING COMPANY BROKER RELATIONSHIP. N/A
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer.
26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller.
27. MODIFICATION OF 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.
28. ENTIRE AGREEMENT. This Contract 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.
29. 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 such
acceptance on or before September 21, 1998 (Acceptance Deadline). 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.
BUYER:
S&S Development, LLC
By:
ger
Date of Buyer's signature: % 'I?' . 1998 Date of Buyer's signature:_, 1998
•
Buyer's Address: ATTN: Larry Salitennan and Tim Semrau, 208% E. Main Street, Aspen, Co 81611
SELLER.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By:_
Date of Seller's signature :.9' /S , 1998
ATTEST:
By/ Palk.
Date of Seller's signature : 7/lc— , 1998
Seller's Address: 530 E. Main Street, Aspen, CO 81611
Contract to Buy and seu-Pitkin Iron. 9/3/98
Page 5 of Contract
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The undersigned Title Company acknowledges receipt of the earnest money deposit specified in Section 3.
Title Company :
B
Date
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Contract to Buy and Sell-Pitkin Iron. 9/3/98 Page 6 of Contract
, 1998
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ADDITIONAL PROVISIONS ADDENDUM TO
CONTRACT TO BUY AND
SELL REAL ESTATE DATED September 4, 1998
BETWEEN S&S DEVELOPMENT, LLC, AS BUYER AND
THE BOARD OF COUNTY COMIVIISSIONERSOF
PITKIN COUNTY, COLORADO, a political subdivision, AS SELLER
1. Buyer's Rights to Enter Property. Seller agrees that Buyer or Buyer's agents or
consultants, at all times following the date of full execution of this Contract by Seller and Buyer, shall
have the right to enter onto the Property to make whatever investigations, tests or inspections as may
be necessary, at Buyer's cost and expense, upon not less than 24 hours prior notice to Tom Newland,
Assistant County Manager, or such other person as Seller may designate by written notice to Buyer.
Buyer shall at all times comply with all applicable laws, and shall hold Seller harmless from any and
all liability on account of Buyer's activities on the Property.
2. Title Insurance Policy. The Owner's Policy of Title Insurance to be provided to Buyer
on closing ("Title Policy") shall have standard exceptions 1 through 5 deleted, at Seller's expense.
Furthermore, the Title Policy shall provide "gap period" coverage, mechanic's lien protection, survey
protection (provided Buyer shall provide a current improvement survey to the Title Company) and
shall insure over unpatented mining claims. Any endorsements required to be obtained to provide
such title insurance coverage shall be at the cost and expense of Seller. •
3. Seller's Warranty -Environmental. Seller warrants and represents to Buyer that to the
best of Seller's knowledge (a) the Property has never been used as a landfill or waste dump; (b) there
has been no installation in, or production, disposal or storage on, the Property of any hazardous waste
or materials or other toxic substances, including without limitation, asbestos, by any tenant or any
previous owner or previous tenant or any other activity which could have toxic results; and (c) there
is no proceeding or inquiry by any governmental authority with respect to any violations of any
environmental regulations or laws or any hazardous waste concerns on the Property. This
representation should also be deemed made as of the closing date and the remedies for breach thereof
shall survive closing.
4. Seller's Other Warranties. Seller warrants and represents as of the date hereof and as
of the date of closing that the following are true and correct:
A. Seller has legal title to the Property and may legally convey it to Buyer.
B. The execution and delivery of this Contract and the consummation of the
transaction provided for herein will not result in any breach or default by Seller under any County
resolution or regulation, state law or federal law or any agreement or understanding to which Seller
is a party or to which the Property is subject.
C. Seller has good and merchantable title to the Property and all of the assets,
properties, rights, and interest pertaining to the Property to be sold hereunder, free and clear of all
Additional Provisions Addendum page I -Pitkin Iron. 9/3/98
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liens and encumbrances, except the liens for real property taxes for the year of closing due and
payable in the following year, and the Permitted Exceptions and that there exists no restriction on the
right of Seller to transfer, sell, convey, and assign the Property to be sold hereunder and convey good
and merchantable title thereto to Buyer as herein contemplated.
D. Seller has adopted, by proper legal procedures in accordance with County and
State law, all resolutions or ordinances necessary to authorize the sale of the Property pursuant to
this Contract and to enter into this Contract.
E. There is no pending or threatened litigation, proceeding, or investigation by
any governmental authority or any other person known to Seller against or otherwise affecting the
Property, and Seller does not know of any grounds for any such litigation, proceeding, or
investigation.
F. Seller has received no notice of any condemnation proceedings against the
whole or any part of the Property.
G. Seller has done nothing to impair the water rights described on the Pitkin Iron
Deed referred to in Section 2 of the Contract.
H. Seller has not received any written notice from any governmental authority
having jurisdiction over the Property claiming that the Property is in violation of any applicable laws,
including, without limitation, local, state or federal environmental laws.
I. The Property is in compliance in all material respects (both as to condition and
use) with all applicable statutes, ordinances, codes including, but not limited to, zoning, building,
subdivision, pollution, environmental protection, water disposal, health, fire and safety engineering
codes, and the rules and regulations of any governmental authority having jurisdiction over the
Property.
J. Seller has not been notified of any special assessments, levies or taxes imposed
or to be imposed affecting the Property and is not aware of any action regarding the potential
formation of any district or authority empowered to so assess a tax or levy.
K. There are no existing violations of any federal, state or local law, code,
ordinance, rule, or regulation affecting the Property.
If any change in condition or circumstances renders any of the forcpoing warranties or
representations inaccurate in any material respect adverse to Buyer between t. :ate hereof and the
Closing Date, Seller shall give written notice to Buyer of such change and Buyer shall have a period
of thirty (30) days (but not beyond the Closing Date) after such notice to accept such warranty or
representation "s changed or to terminate this Contract within such thirty (30) day period, by written
notice to Seller. In the event of such termination, the Earnest Money Deposit and any interest
thereon shall be returned to Buyer. Alternatively, Buyer may waive the effect of any such changed
Additional Provisions Addendum page 2-Pitkin Iron. 9/3198
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warranty or representation and close the purchase and sale of the Property. If Buyer receives no such
notice, then each of the representations and warranties contained in this section are acknowiedged
by Seller to be material and to be relied upon by Buyer in proceeding with this transaction, shall be
deemed to have been remade by Seller as of the date of Closing and shall survive Closing. Seller shall
indemnify and hold Buyer harmless and defend Buyer from any loss, liability or expense, including
reasonable attorneys fees, incurred by Buyer, or any claim made against Buyer, by reason of the
breach of any of the foregoing representations or warranties.
5. Conditions:
A. Conditions Precedent to Buyer's Obligation to Purchase the Property. The
following shall be deemed to be conditions precedent to Buyer's obligation to purchase the Property
hereunder:
(1) Buyer's inspection and investigation of the Property and Buyer's
determination, in Buyer's sole and absolute discretion that the Property is suitable for Buyer's
intended use and Buyer's Development Plan. As used herein "Buyer's Development Plan" shall
generally refer to Buyer's Pitkin Iron Development Plan and Site Plan, copies of which are attached
hereto as Exhibits 2 and 3. Buyer's inspection and investigation may include but shall not be limited
to: (a) zoning and land use restrictions; (b) the availability and cost of providing water, sewer and any
and all other utility services to the Property; (c) review of the title commitment, title documents,
surveys and all boundary and title issues associated with the Property, (d) review of the size,
topography, soils and geology of the Property; (e) that the Property has physical, legal and insurable
access to and from a public road and that a driveway or private roadway constructed over such access
will conform with applicable governmental requirements and building codes; (f) the effects of any
recorded, actual, prospective or other easements, rights of way, mineral rights or reservations,
covenants, or leases, if any, on Buyer's intended use of the Property; (g) the zoning and development
potential of other property surrounding and in the neighborhood of the Property; and (h) review of
the Seller's Information and any and all other matters which may impact or affect Buyer's intended
use of the Property. If Buyer, for any reason, is not satisfied with the results of Buyer's inspection
and investigation, then Buyer shall have the right to terminate this Contract by delivering written
notice of such to Seller by November 30, 1998. If no such notice is given to Seller by November 30,
1998, then the conditions set forth in this paragraph 5.A. shall be deemed waived by Buyer.
(2) Buyer's receipt of final approval from the Board of County
Commissioners of Pitkin County, Colorado to rezone the Property to a PUD-AH3 zone district, as
defined by the Pitkin County zoning resolutions, which will permit the development and separate
conveyance of not less than nineteen (19) residential dwelling units, consisting of fifteen (15)
"Category deed restricted" units and four (4) free market single family homes on the Property.
(3) Buyer's receipt of final approval from the Board of County
Commissioners of Pitkin County, Colorado, and any other applicable governmental authorities having
jurisdiction over the matter, of all required land use andother governmental applications, including
without limitation, approval of a site specific development plan, a final subdivision plat, a final
Additional Provisions Addendum page 3 -Pitkin Iron. 9/3/98
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planned unit development plan for the Property consistent with Buyer's Development Plan for the
Property and acceptable to Buyer and a development agreement that will include a construction plan,
schedule and specifications and financial plan, which will permit the development of the residential
dwelling units, and the construction of all roads, drainage improvements, utilities and all other related
improvements in accordance with Buyer's Development Plan for the Property. Buyer acknowledges
and agrees that one of the conditions of final land use approvals from Pitkin County, incorporated in
the plans, approval or agreement, is that prior to recordation of the Final Plat, Buyer shall demonstrate
to the reasonable satisfaction of Pitkin County, Buyer's financial ability to proceed with the entire
project.
(4) As of the Closing Date, the Property, or any material part thereof, is not
materially adversely affected or threatened to be materially adversely affected in any way as a result
of an act of God, flood, forest fire or natural disaster.
Buyer and Seller hereby mutually agree to undertake all reasonable efforts to satisfy the
conditions set forth in paragraph 5.A(2) and 5.A.(3) above. In the event any of the conditions set forth
in paragraphs 5.A.(2) or 5.A.(3) above are not satisfied or fulfilled and are not waived by the written
agreement of the parties, then Buyer shall have the right to terminate this Contract by delivering
written notice of such to Seller by December 31.1999 (Conditions Deadline); or alternatively, Buyer
may elect to extend the Conditions Deadline to June 30.2000 by written notice of extension delivered
to Seller by December 31.1999. In the event of such extension, the date of the Conditions Deadline
set forth herein shall be deemed extended to June 30.2000. In the event Buyer elects to terminate the
Contract as provided in this paragraph, then upon the delivery of such notice of termination, this
Contract shall be considered null and void and any earnest monies paid hereunder and all interest
earned thereon shall be returned to Buyer, and the parties shall thereupon be released from all further
obligations and liabilities hereunder. In the event Buyer so extends the Conditions Deadline as
provided herein and any of the conditions set forth in paragraphs 5.A.(2) or 5.A(3) above are not
satisfied or fulfilled and are not waived, or the Conditions Deadline is not further extended, by the
written agreement of the parties, then this Contract shall terminate on July 1, 2000. In the event of
such termination this Contract shall be. considered null and void and any earnest monies paid
hereunder and all interest earned thereon shall be returned to Buyer and all parties shall thereupon be
released from all further obligations and liabilities hereunder. In the event of any such termination,
Seller shall be entitled to retain any plans, specifications, reports and documents of any nature
whatsoever prepared by or for Buyer and submitted to Seller.
B. Conditions Precedent to Seller's Obligations to Sell the Property. The following shall
be deemed to be conditions precedent to Seller's obligation to sell the Property hereunder:
(1) Buyer shall submit to the Pitkin County Planning Department a complete land
use application consistent with Buyer's Development Plan attached hereto as Exhibit 2 on or before
January 17,1999.
(2) Buyer shall submit to the Pitkin County Planning Department a complete
application for Detailed and Final Plat approval consistent with Buyer Development Plan attached
hereto as Exhibit 2 within ninety (90) days following the date on which Buyer receives conceptual plat
approval for its land use application.
Additional Provisions Addendum page 4-Pitkin Iron. 9/3/98
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6. Cooperation in Development. Seller agrees to direct its staff to expedite and give
priority to the processing of Buyer's land use applications. Seller cannot represent that an approval
will be given for Buyer's Development Plan for the Property in the advance of the county application,
review and public hearing process and Seller cannot agree in advance that any approvals will be
forthcoming. As the owner of the Property, Seller consents to Buyer's filing of the various
applications in connection with any efforts of Buyer to obtain rezoning, planned unit development,
subdivision or any other land use or governmentai approvals necessary to implement Buyer's
Development Plan for the Property and to create the subdivision and planned unit development to be
known as the Pitkin Iron P.U.D. in accordance with Buyer's Development Plan for the Property (see
paragraph 8, below), to obtain well permits or water rights in respect of the Property, to obtain access
easements for the benefit of the Property, to negotiate with adjacent real property owners or
appropriate governmental bodies in respect to any of the foregoing efforts, and to pursue any other
matters reasonably related to development of the Property If necessary or required to allow Buyer
to pursue or process any land use or development applications, Seller will provide a letter to whom
it may concern that states Buyer is authorized to represent the owner of the Property with regard to
any such applications. However, nothing herein shall be construed to create any financial obligation
on the part of Seller with respect to such development and Seller shall have no such financial
obligation. The parties agree that Buyer's Development Plan for the Property shall Trot be revised or
modified except by the mutual consent of the parties and the parties agree to cooperate in good faith
in determining whether to make and consent to such revisions or modifications.
7. Modification. So long as Buyer is not in default hereunder, Seller shall not modify the
encumbrances or execute any agreement, lease, or instrument affecting the Property or title thereto
and/or encumber, rezone, plat, or change the use of the Property without the prior written approval
of Buyer first having been obtained.
8. Closing Dates - Closings.
A. The words or terms "Closing" or "Closing Date" as they may be used
throughout this Contract shall mean and refer to any closing that occurs pursuant to this Contract.
The parties agree that no Closing under this Contract shall occur unless and until all final land use
approvals referred to in paragraph 5.A.(2) and 5.A.(3) above have been received by Buyer and all
"Fnal Approval documents" associated therewith have been recorded in the real estate records of the
Clerk and Recorder of Pitkin County, Colorado, which "Final Approval documents" shall mean and
include without limitation, the ordinances and/or resolutions adopted by Seller granting the Final
Approvals, the final subdivision plat, the final planned unit development plan, the site specific
development plan and the subdivision improvements agreement and/or development agreement (the
"SIA") entered into between Seller and Buyer. Buyer's receipt of all final land use approvals and the
recordation of all final approval documents may generally be referred to herein as the "Final
Approval."
Additional Provisions Addendum page 5-Pitkin Iron. 9/3/98
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B. Buyer shall be responsible for completing construction of all the Category
Units and all public improvements in the P.U.D. -Subdivision and on all lots. to be developed on the
Property (the `Buyer's Improvements"), in accordance with. Buyer's Development Plan for the
Property. This obligation of Buyer shall be reflected in the SIA to be entered into by Seller and
Buyer at the time of Final Approval. The following requirements shall. be incorporated into the SIA:
(1) Buyer shall commence construction of the Lot 5 category units and all
infrastructure and public amenities associated with the Lot 5 category units within one year from the
date of Final Approval. ("Final Approval" is defined in Paragraph 8 of the Additional Provisions.)
(2) The Lot 5 Category Units and all infrastructure and public amenities
associated with the Lot 5 categories shall be completed within two years from the date of Final
Approval.
(3) The Lot 6 and Lot 7 Category Units and all other infrastructure and
public amenities not previously completed required to be completed by Buyer pursuant to the Final
Approval shall be completed within three years from the date of Final Approval.
In the event Buyer fails to meet the above set forth deadlines, Buyer shall be deemed in default
under the SIA, and Seller shall have the rights and remedies as provided in SIA in the event of a
default by Buyer, or alternatively, Seller may extend the deadlines by written agreement with Buyer.
The parties agree that Buyer shall be granted an extension in the event Buyer is delayed in completing
the improvements described above (for each day it is delayed) as the result of force majeure events
beyond its control (such as delays resulting from weather, shortages in materials or labor,
governmental delays, and similar matters) or as the result of Pitkin County's failure or delay in issuing
building permits, making inspections, issuing certificates of occupancy or otherwise withholding
necessary approvals to which Buyer is entitled.
Buyer's responsibilities and obligations to complete the improvements shall also be secured
by a letter of credit and a deed of trust for the benefit of Seller encumbering certain of the lots in the
P.U.D. as provided herein.
C. The parties agree and contemplate that the Property as described on Exhibit
1 attached to this Contract, after Final Approval, will be described as Lots 1, 2, 3, 4, 5, 6, and 7 of
the "Pitkin Iron P.U.D." to be created pursuant to Buyer's Development Plan for the Property. The
parties anticipate Lots 1, 2, 3 and 4 shall be "free market" lots entitled to be developed with one
single family residence each and Lots 5, 6 and 7 shall be affordable housing deed restricted "category"
lots to be developed as follows:
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Additional Provisions Addendum page 6-Pitkin Iron. 9/3/98
Category Lot No.
Number of Category Units Per Category Lot
Lot 5
6 Category Units
Lot 6
6 Category Units
Lot 7
3 Category Units
Buyer may and shall have the right to close on the purchase of the Property and all the Iots
in the Pitkin Iron P.U.D. at any time after Final Approval and after Buyer has obtained building
permits and a septic permit and well permit for construction of the category units to be built on
Category Lots 5, 6 and 7, provided Buyer shall demonstrate to the reasonable satisfaction of Seller,
in the good faith exercise of Seller's reasonable business judgment, that Buyer has the construction
financing (and/or other funds) in place to construct the Buyer's Improvements. Once Buyer has
demonstrated to Seller that Buyer is ready and able to close in accordance with the foregoing, after
consultation with Seller, Buyer shall designate a date of closing to occur within thirty (30) days
thereafter. Buyer agrees however that despite the issuance of any permits that no construction shall
occur under any building permit or septic permit until the Closing occurs, unless otherwise specifically
authorized in writing by Seller.
At closing Buyer shall pay the cash portion of the purchase price plus (or minus) Buyer's
closing costs in "Good Funds" such as cash, cashier's or certified check or electronic funds transfer,
as defined by Colorado law.
D. As security for Buyer's performance of Buyer's obligations to construct the
Buyer's Improvements in the P.U.D. as set forth in this Contract and the SIA, at closing, Buyer shall
deliver to Seller a Letter of Credit for the benefit of Seller. The Letter of Credit shall be in the full
amount of the cost of construction of all improvements to be completed by Buyer as set forth in the
SIA. (This amount is currently estimated to be approximately $2,500,000). Seller agrees that the
amount of the Letter of Credit shall be reduced in accordance with the amounts drawn on the
construction loan by Buyer, provided that Seller shall have right to approve, in the good faith exercise
of its reasonable business judgment, the amount of such reduction based on the improvements
completed. Additionally, at closing, as further security for Buyer's performance of Buyer's obligations
to construct Buyer's Improvements, Buyer shall deliver to Seller a promissory note (the "Note") and
a deed of trust to the Public Trustee of Pitkin County, Colorado for the benefit of Seller encumbering
Category Lots 5, 6 and 7 and any two of the free market lots as designated by Buyer at the time of
closing (the "Deed of Trust"). The Note shall be in the full amount of the cost of construction of all
improvements to be completed by Buyer as set forth in the SIA. (This amount is currently estimated
to be approximately $2,500,000.) The Note shall be a no interest Note. The Deed of Trust shall
provide that a default by Buyer on Buyer's obligations to construct the Buyer's Improvements shall
be a default under the Deed of Trust. The Deed of Trust shall also provide:
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(1) The Note and Deed of Trust are granted to secure performance of
Buyer's obligations to construct the Buyer's Improvements in accordance with and in the monetary
amounts as provided in the SIA.
(2) Seller shall subordinate the lien of the Deed of.Trust encumbering the
Category Lots and the two free market lots to the lien of a deed of trust for the benefit of the lender
providing the construction financing obtained by Buyer to construct the category units and the
Buyer's Improvements. Buyer and Seller agree Seller's lien shall be subordinate to an amount not to
exceed the cost of construction for developing all category units and the Buyer's Improvements
(presently estimated to be approximately $2,500,000).
(3) At such time as Buyer has received a certificate of occupancy for a
category unit on a category lot encumbered by the Deed of Trust, Seller shall grant a partial release
of the Deed of Trust for that category unit. At such time as Buyer has received certificates of
occupancy for all the category units to be built in accordance with Buyer's Development Plan for the
Property on a category lot encumbered by the Deed of Trust, Seller shall fully release that category
lot from the Deed of Trust.
(4) Buyer shall be entitled to satisfaction of the Note and the release of the
two (2) free market lots encumbered by the Deed of Trust when Buyer has received certificates of
occupancy for all the category units to be built in accordance with Buyer's Development Plan for the
Property and Buyer has completed the construction of the Buyer's Improvements as set forth in the
SIA.
(5) Notwithstanding Buyer's execution of the Note and Deed of Trust, it is
expressly understood that in the event of a default under the terms and conditions of the Note and
Deed of Trust, the sole and exclusive remedy of the holder thereof shall be to look to the security
only and Seller and/or holder expressly waives all right to a personal deficiency, cause of action or
judgment against Buyer arising out the execution of the Note and Deed of Trust. It is expressly
understood that there shall be no personal liability whatsoever, with regard to the maker of the Note
and Deed of Trust, its successors or assigns.
E. The parties agree that no building permit for construction of the single family
residences on the two (2) free market lots encumbered by the Deed of Trust shall issue until after
Buyer has received certificates of occupancy for all the category units to be built in accordance with
Buyer's Development Plan for the Property and Buyer has completed the construction of Buyer's
Improvements.
F. The provisions of this Paragraph 8 shall be amended and adjusted by the
mutual agreement of the parties as may be necessary to effectuate the intent of the parties in the event
Buyer's Development Plan for the Property as finally approved by Pitkin County, is different from the
lot and unit configuration for the Pitkin Iron P.U.D. presently contemplated by the parties.
Additional Provisions Addendum page 8-Pitkin Iron. 9/3/98
I IHIII 11111 111111 111111 111 11111 1111111 111 HIHI iii 111
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I 111111 11111 111111 111111 111 11111 1111111 III 1111111 111111
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9. Access to Property over the Rio Grande Railroad Right of Way. Seller agrees that
prior to November 3, 1998 Seller shall obtain adequate and sufficient deeded access to the Property
from the public road known as Upper River Road on, over and across the railroad corridor known
as the Rio Grande Railroad Right of Way owned by the Roaring Fork Railroad Holding Authority
in the area of the existing crossing that has historically served as access to. the Property. As used
herein "adequate and sufficient deeded access" shall mean a legal, enforceable right of access either
by grant of easement or deed of sufficient width that will satisfy all requirements of Pitkin County for
access to the P.U.D. and subdivision to be created on the Property in accordance with Buyer's
Development Plan for the Property and which will allow the Title Company to insure that the
Property has legal access to and from the public road known as Upper River Road on, over and
across the Rio Grande Railroad Right of Way in the area of the existing crossing that has historically
served as access to the Property.
10. Seller's Information — Irrigation of CDOT Revegetation. Appraisal and _ Other
Materials. Seller hereby discloses to Buyer that Seller has made a commitment to the Colorado
Department of Transportation ("CDOT") to temporarily irrigate revegetation to be installed along
Highway 82 in the area of the Property's frontage along Highway 82 and that the water for the
irrigation is to be supplied by the well or wells on the Property. In the event this commitment has not
been fulfilled by the Seller by the time of closing, Buyer agrees to honor and fulfill this commitment
on behalf of Seller subsequent to the date of closing. At the time of the signing of this contract by
Seller, Seller shall provide Buyer with any other information or details Seller may Dave on CDOT's
plan for revegetation and the water requirements for irrigating the revegetation, including the names
of the CDOT staff persons with whom Seller has been dealing on these matters.
At the time of the signing of this Contract by Seller, Seller shall provide to Buyer
copies of the appraisal report prepared on the Property for Seller and all other reports, information,
data and other written materials relating to the Property that Seller has in its possession or control
that have not previously been provided to Buyer or that have been prepared for or by the County
subsequent to April 20, 1998.
11. Deed Restriction and Sale of Category Units. The parties agree that the deed
restrictions on all category lots shall be recorded at the time of Final Approval and the sales of these
units will be through the Aspen Pitldn County Housing Authority ("APCHA") by lottery of qualified
purchasers, except that Buyer shall have the option and right to choose a qualified purchaser for one-
third (1/3) of the category units. Buyer's option to choose qualified purchasers shall apply only to
the initial sales of the category units and any qualified purchaser chosen by Buyer must have expended
substantial time working on the Pitkin Iron P.U.D. project.
Subject to Buyer's option and right to select a qualified purchaser for one-third (1/3) of the
category units, as provided above, Buyer shall make a category unit available for sale through
APCHA within sixty (60) days after Buyer has obtained a building permit for the construction of that
category unit. Buyer shall notify APCHA in writing of the expected date of completion of a category
unit at least sixty (60) days prior to the expected date of completion of the unit. Seller agrees that
at least thirty (30) days before Buyer's expected completion date for the category unit, Seller shall
Additional Provisions Addendum page 9-Pitkin Iron. 9/3/98
423109 10/09/1998 03:58P CONTRACT DAVIS SILVI
15 of 28 R 0.00 0.0.00 N 0.00 PITKIN COUNTY CO
request that APCHA shall designate a qualified purchaser who is ready, willing and able to close,
including proof that the qualified purchaser has all funds and loan approvals in place necessary to
close. In the event a qualified purchaser is not so designated, then Buyer shall have the right to select
and designate a purchaser for the unit, provided that such purchaser shall qualify for the unit pursuant
to APCHA rules and guidelines.
Buyer shall pay any regularly required fees to APCHA for the sales of any category units.
12. Phasing of Development. To the extent Buyer elects to develop the category units
in the P.U.D. in phases, Buyer agrees to develop the category units on the category lots in the
following order:
A. Category Lot 5.
B. Category Lot 6.
C. Category Lot 7.
13. Condemnation of the Property.
1111111111111111111111111111111111111111111111111111111
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A. In the event of a taking of a material part of the Property (hgrein deemed to
be any taking greater than immaterial as defined below), Buyer shall have the option to declare this
Contract null and void within thirty (30) days of official written notice that such taking shall occur
(in which event Seller shall refund Buyer's earnest money deposit and all interest earned thereon and
neither party shall have any further right or obligation to or against the other), or to accept the
Property in the condition in which it is left following such taking, with an abatement of the purchase
price measured by the proceeds of any condemnation award allowed if the award is collected by Seller
before closing. In any case in which the award has not been collected by Seller at the time of closing,
Seller shall assign all rights to the collection of any such award to Buyer and there shall be no
abatement of the purchase price.
B. In the event of a taking of an immaterial part of the Property, this Contract
shall remain in full force and effect with an abatement of the purchase price measured by the proceeds
of any condemnation award allowed, if the award is collected by Seller before closing. In any case
in which the award has not been collected by Seller at the time of closing, Seller shall assign all rights
to the collection of any such proceeds or award to Buyer and the purchase price shall not be abated.
C. An immaterial part of the Property shall have been deemed to have been taken
if no more than two percent (2%) of the z;;reagc of the Property or the water :iits appurtenant
thereto are taken.
14. Survey. Buyer shall be responsible for obtaining and paying for any survey of the
Property it wants or needs in connection with the land use applicatior..s_
Additional Provisions Addendum page 10-Pitk;^ T-^^ on ma.
423109 10/00/1998 03:5SP CONTRACT DAVIS SILVI
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1111111IIIIII11111IIIIII ii1IIIII11111111ii 1111111 i11111
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15. Earnest Money. All earnest money shall be placed in an interest bearing account with
interest accruing to the benefit of and payable to Buyer. Buyer shall supply its tax identification
number to the Title Company for purposes of reporting such interest. Seller shall have no right to
any of the interest earned on the earnest money.
16. Captions. The captions in this Contract are inserted only for the purpose of
convenience and in no way define or prescribe the scope of this Agreement.
17. Provisions to Survive Closing. All agreements, representations, covenants, and
warranties on the part of the parties contained in this Contract shall survive the closing hereunder and
shall not be merged thereby.
18. Notices. Any notice provided or permitted to be given under this Contract must be
in writing and may be served by depositing same in the United States mail, addressed to the party to
be notified, postage prepaid and registered or certified with return receipt requested; by delivering
the same in person to such party or by facsimile copy €hereof. Notice given in accordance herewith
shall be effective upon receipt at the address (or facsimile phone number) of the addressee. For
purposes of notice, the addresses and facsimile phone numbers of the parties are as follows:
If to Seller, to:
with copy to:
If to Buyer, to:
with copy to:
ATTN: Chairman
Board of County Commissioners of
Pitkin County, Colorado
530 E. Main Street
Aspen, CO 81611
FAX No. (970) 920-5198
John Ely
Pitkin County Attorney
530 E. Main Street
Aspen, CO 81611
FAX No. (970) 920-5198
ATTN: Larry M. Saliterman and Timothy Semrau
S&S Development, LLC
208'/2 E. Main St.
Aspen, CO 81611
FAX No. (970) 925-6437
David G. Eisens; in, P.C.
3100 Arapahoe Avenue, Suite 400
Boulder, CO 80303
FAX No. (303) 443-5479
Additional Provisions Addendum page I 1-Pitkin Iron. 9/3/98
423100 10/09/1098 03:58P CONTRACT DAVIS SILVI
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111111 11111 III1111111111111111111111111111111111111111
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19. Commissions. Seller and Buyer each warrant and represent to the other that they have
not engaged the services of a real estate broker or other real estate agent who may claim any
commission, fee or other compensation in this transaction. Seller hereby agrees to defend, indemnify,
and hold harmless Buyer, and Buyer hereby agrees to defend, indemnify, and hold harmless Seller,
from and against any claim by third parties for brokerage, commission, finders or other fees or
compensation relative to this Contract or the sale of the Property, and any court costs, attorneys' fees
or other costs or expenses arising therefrom, and alleged to be due by authorization of the
indemnifying party.
20. Miscellaneous. This Contract shall be binding upon and inure to the benefit of Buyer
and Seller and their respective heirs, personal representatives, successors and assigns, as the case may
be.
A. If any clause or provision of this Contract is illegal, invalid or unenforceable
under present or future laws effective during the term of this Contract, then and in that event, it is the
intention of the parties hereto hat tie remainder of this contract shall not be affected thereby.
B. This Contract is made in and shall be governed by and interpreted in
accordance with the laws of the State of Colorado.
C. Seller shall pay all taxes, assessments and costs associated with maintaining
the Property in its present condition until closing.
IN WITNESS WHEREOF, the parties hereto have executed this Additional Provisions
Addendum as of September /5 , 1998.
SELLER: BUYER:
BOARD OF COUNTY COMMISSIONERS S&S DEVELOPMENT, LLC
OF PITKIN COUNTY, COLORADO, a
political subdivision Age C ? l %.G v $
�
By:
Attest:
(date of signature)
Additional Provisions Addendum page 12-Pitkin. Iron. 9/3/98
(date of signature)
423109 10/09/1988 03:S8P CONTRACT DAVISSILVI18 of 28 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
•
$328753 12/12/90 14:39 rc $15.00 ri•' 635 PG 935
Rea Silvis ).rule Pitkin Cnty Cler <, Doc 1.00
Reception no.. ....... .»�...�..
R"CORDER'S STAMP
TRIS fEED,atade this Sth "rot December
ip dlenreen PITKIII IROi1 CORPORATION
n corporation duly organised and existing under and by virtue of the !,wit
of the Slate of Colorado
of the first part, and
TIIE BOARD OF COUNTY COMMISSIONERS OF PITKIIi COU
Political Subdivision •
Y)eetoor:dion duly organised and existing under and by virtue cf the lows of the State of Colorado
aeeond putt
WITESSETIT, That the said party of the first part, for and in consider..tior: of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONC
, of thr
to the said party of the first part in hand paid by tho said party of the seennd part, the receipt whereof is hereby -
confessed and acknowledged, hath granted, bargained, sold and eomeyed, and by these pr••,enu does gr..nt, Largain.
sell, convey and confirm, unto the said party of the second part. its successor.. and assigns forever, DU the following
described or parcel S of land, situate, lying and being in the County of P i tk i n
and State of Colorado, to wit:
Tract 1
A tract of land being part of Lots 6, 7, 8, 10 and 14, of
Section 3, Township 9 South, Range 85 West of the 6th Principal
[Meridian. Said Tract is more fully described as follows:
Beginning at a point on the Northeasterly right-t:f-way line
of Colorado Highway 82, whence the 'Northwest Cot -Aar of said
Section 3 bears N. 54°11'22" W. 4606.09 feet; trrce N.
13°48' E. 134.85 feet; thence N. 1°23' E. 318.64 feet to the
center line of t'+ Roaring Fork River; thence S. 86°24' E.
116.57 feet alon the center line of the Roaring Fork River;
thence N. 0°38' W. 466.25 feet; thence W. 10°39' E. 21.91
feet; thence N. 15°45' E. 15.92 feet; thence N. 0°17' W.
534.28 feet to the Southwesterly right-of-way Lint of the
Denver and Rio Grande Western Railroad; thence ?. 47°03' E.
181.55 feet along said Southwesterly right-of-way line to
the Last line of Lot 6; thence South 301.20 feet olony the
East line of Lot 6 to the Northwest Corner of Lot ;I: the:ice
East 323.54 feet along the North line of Lot 8 to the Southwesterly
right-of-way line of the u.&R.G.W. Railroad; thence S.
47°03' E. along said Southwesterly right-of-way line, ii,:.15
feet; thence S. 42°57' 11. 80.00 feet; thence S. 47°03' E.
225.00 feet; thence N. 42°57' E. 80.00 feet to the Southwesterly
right-of-way line of the D.&R.G.W. Railroad right-of-way;
thence S. 47°03' E. 185.45 feet along said Southwesterly
right-of-way lineto the East line of said Lot 8; thence S.
386.72 feet along the East line of Lot 8; thence A. 36°28'57"
W. 672.17 feet to the Center of the Roaring Fork River;
thence along the center of the river as follows: •
3. 28°49'07" E. 211.41 feet: thence S. 32°54'19" B. 215.70
feet; thence S. 45°04'37" n. 116 feet; thence S. 43°29' W.
4154.30 feet to the Northeasterly right-of-way line of Colorado
Iiighway No. 82; thence Northwesterly along said Northeasterly
highway right-of-way line to the point of beginning, containing
18.25 acres more or less.
Tract 2
Those portions of Lots 1 and 6, Section 8, Township 9 :3..
Range 85 W. of the 6th Principal Meridian as described in
Deed recorded in Book 195, Page 359, ritkin County Records,
described by motes and bounds as follows:
Beginning at the intersection of the northeasterly right-of-way
line of the Denver and'Rio Grande Western Railroad (Aspen branch)
Wr-
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\e. DNA. w*R11ASTT assa—dresreom r corM,NI ....awM,. P *&i a eti, lus.se s,sM an.w. Oswaa C71.ni-s rs
.. 7137433 1 t ^/,7O ! 4 t 39 Rec s i E. f tl r BK o33 PG 936
Silvia Davis, Fit' in Cnty Clerk, Doc 1.00
'r
f
. 7
with the South line of said Lot 1, whence the Southwest cornor�
of said Lot 1 bears West 471.6 feet; thence East 66.0 feet along the
South lino o: said Lot 1 to the southwesterly line )f roadway;
thence along the a:c of a curve to the right with a radius of
681.0 feet, a distance of 111.5 feet along southwesterly line of
said roadway; thence N. 35°43' W. 58.3 feet along southwesterly
line of said roadway; thence along the arc of a curve to the left
with a radius of 780.3 feet a distance of 343.4 feet along
southwesterly line of said roadway; thence N. 60°56' W. 226.2
feet along southwesterly line of said roadway; thence along the
arc of a curve to the right with a radius of 382.4 feet a distance
of 90.0 feet along southwesterly line of said roadway to a point
on the northeasterly right-of-way line of said Denver and Rio Grande
Western Railroad (Aspen branch); thence S. 47°03' E. 771.0 feet
along northeasterly right-of-way line of :;aid Railroad to the
point of beginning, containing 1.00 acre more or less.
Tract 3
That part of Lot 9, Section 8 and that part of Lot 3, Section 9
Township 9 S., Range 85 W. of the 6th.Principal Meridian located
iriortheasterly of the Denver and Rio Grande -Western Railroad
Company right-r'f-way and Westerly and Southwesterly of the County
Road, containi: 1 acre, more or less as described in Book A3 Page
346, Pitkin Cou.°:ty Records. Also, together with all ditch and water
rights, including well rights, used upon or appurtenant to the above
described lands with are al. cation of .72 cfs. in Priority ':65 and
432 cfs. in Priority tic'' of tha Walthen Ditch based on heacgate
diversion measurements, but without warranty as to the availability
for diversion of anyspecific quantity of water at the headgate.
In�cLl�uudeec1 are all water rights used upon or appurtenant to Tracts 1,2
an'i'OAdifrleklia ail S r 4he heredttnmenta and appurteaunees thereunto belonging, or in anywise.
appertaining. and the reversion and reversions, r•.s,ainder and remainders. rents. issues am' rrofits thereof; and nil
the estate. right, title. Interest, claim and demand whatsoever of the said party of the :.rut part, either in law or
equity. nr. In and to the above bargained premises, with the hereditament,. and appurtenances.
TO RAVE ,1ND TO IfOl l) the said premises slave :.rgained and described. with the ■ppertennneca unto the
Raid part)* of the a.rond part, its taaessnra and oalgna, forever. And the said -
party of the first part, for Itself. lta aueeemons and emirs. lath vovonent, grant. bargain and agree to and with the
said party of the second part. its successors and assigns. that at the time of the en. "aling and delivery of these
presents It Is well seised of the premises conveyed. as of geed. sum perfect. absolute ami indefeasible estate of
Inheritance. In law, in fee simple. and path Reed right. full tower and lawful authority to grant. bargain. sell and
convey the some in manner and fonts aforeanid. and that the PIMP are free and clear from all f •cmer and other
grants, bargains. sales. liens, taxes. assessments and ).•ncuml.ranees et whatever kind or nature mover. , except
for patent reservations, easements and rights -of -way of record;
Lease Agreement dated February 17, 1987'with Mountain Mobil ;fix;
existing ditch easements; taxes for 1990 payable in 1991, to be
prorated.
II 1
423100 10/09/1988 03:58P CONTRACT DAVIS SILVI
20 of 28 R 0.00 D 0.80 N 0.00 PITKIN COUNTY CO
and the above bargained premises in the quiet an4 peaceable poasr..sien of the said party of the see,+ i n'srt. its
surceaaore and asalgna against aii and every person or pennies lawfully !aiming cr to, claim the whole „r my part
thereof. the said party of the first pact shall and will WARRANT AND FOREVER DEFEND.
IN W7T? ESS WIIERF.OF. The said party of tie. Oat part path caused its .orperate name to be herniate
subscribed by its pemie:,M. and its corporate seal to be hereunto affixed. attested t.y its
seeretery. the day and year flat above written.
�tltQhti^
•
"Ro art Oe aney,
Or.
TRIN IRON CORPORATION
J. A. Reeves,
432n77, . / t .^, /90 14: 39 Rec $1 5. oo fib' 635 PG y37
�• 1vaa liAs. , Fitt In Cr,ty (:dart.:, Jr.•- •}..err,
STATE of COI.OI'.i 1 err,
County of GAREIELD
........W4 nnT. ,nrbaney.
AA.
.Cmmly in the State afnrrrn1d, dr hereby certify that
and Robert Delaney
a rudary publie in rind for said
J. A. Rooves..
who are personally known to me to be the /Lame twr.nns whose nameii are subscribed to the foregoing trot am having
executed the flame respectively as ...........•preside•nt and......
Pitkin Iron Corporation
secretary of •T/Le
. n enrporntinn, and who are known to me In I..
such officers respectively, appeared before me this day In person, and severally arknnwleigr•da That the seal affixed
to the foregoing Instrument Is the corporate seal of said corporation; that the wine n•as thcreuntu atfixrn by the
authority of said corporation: that said Instrument was by like authority subscribed with its corporate name: that the
sald— J. A. Reeves i■ the.... •••—- ...... ...........prrsMent of said corporation and the saki
Is the. Scetetary thereof: that by the
authority of said corporation they respectively sabseribed their names thereto ns president er
secretary, and that they signed. sealed and delivered the maid instrument of writing as their free and voluntary set
•
and deed, and as the fr-e and voluntary act and need of said corporation. for the uses and pertow•r therein set forth.
Robert Delaney
Given under my hand and seal this__.. day of.... Decomber
My eommiusion expires
J4ne..24,...... , m93
.1,90
6,•.a• / •(.4.1.4iflee+•
• •, ,,� N,marr r+.rnr.
813 Colo. Ave.,
Glerti+tbt?d�,Spg. 0:0
i := a 9..1
. • • ". • a ,
I a •'�
•
423109 10/09/1998 03:80P CONTRACT DAVIS SILVI
21 of 28 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
1111111111111111111111111111111111111111111111111111111
423110 10/08/1988 04:07P ORDINANC DAVIS SILVI
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•
Pitkin Iron Development Plan
S & S Development
REVISED 1/27/98
Site Defined:
Parcel A is defined as the 20.8 acres located to the east (Woody
Creek Side) of the river bottom. Parcel B is defined as the 15.1 acres located
to the west (Hwy. 82 side). There are 3.1 acres of land in the river for a total
of
39.0 acres.
Project Description:
Nineteen units as follows:
Parcel A- 4 (four) 4 BR free market single family homes (5800 sq. ft. each)
located close to the river. (16 Bedrooms total)
Parcel B- 15 (fifteen) Category deed -restricted units (38 Bedrooms) located
near the river bluff.
Four Triplexes, one duplex, and one single family residence as follows:
One Category 4-Four Bedroom SFR of 1700 sq. ft.
Two Category 4-Four Bedrooms of 1600 sq. ft. (duplex)
Four Category 4-Three Bedrooms of.1400 sq. ft.
Two Category 4-Two Bedrooms of 1000 sq. ft.
Four Category 3-Two Bedrooms of 1000 sq. ft.
One Category 3-One Bedroom of 800 sq. ft.
One Category 2-One Bedroom of 800 sq. ft.
Project Mix:
Unit mix- Category units 79%, Free market 21%.
Bedroom mix- Category bedrooms 70%, Free market 30%.
(Per Housing authority guidelines.)
Purchase Price of Land:
$1,400,000 (One million four hundred thousand dollars).
Public Use and Access:
Parcel A- the exist:nF road will be extended and curved to a public parking
area (see site plan) for fishermen and bus users. This parking area will be
served by a path connecting to the pedestrian bridge across the river.
Exhibit.
423109 10/09/1996 03:66P CONTRACT DAVIS SILVI
22 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Parcel B- the existing stairs down to the river will be dedicated to the public,
a public parking area for fisherman and bus users by Highway 82 will be
provided, a walkway/ramp will be built to the bridge across the river and
dedicated to the public. Public access trails will be fenced.
Existing Bridge- Assuming the steel framework is usable, a public pedestrian
bridge will be created by rebuilding the bridge with wood planks and a rail on
both sides.
Open Space:
A portion of Parcel B away from the river will be dedicated open space and
used by the four Single Family Homes for horses.
Septic Systems:
Assuming that perc and soils tests that will be completed 6/98 meet or exceed
Pitkin County requiremnents--
Parcel A- Four individual septic disposal systems for the four Single Family
Residences.
Parcel B- Three individual septic disposal systems as follows`.
-One system per two tri-plexes
-One system for the duplex and Single family residence.
(All septic systems under 13 bedrooms total, no need for state review.)
0 Water Supply:
� ," Parcel A- The minimum amount of wells needed for adequate supply, probably
-I)-
U) 1-
one well serving the single family residences.
�� Parcel B- The minimum amount of wells needed for adequate supply, probably
"moo Y one well serving all of the category housing.
"'' Water Rights are available through the Basalt Water Conservancy District.
QZd
M B
MM.o m Construction. Schedule:
a Assuming a contract is signed in a timely fashion,. the soonest construction
m could start is mid summer 1998 given the time required for county approvals.
ea o Parcel B will be built as soon as p rr.::cs are issued with completion scheduled
� ", a February 1999. The four Single Family Residences on Parcel A will be started
�m
B in Spring 1999 and completed by Christmas 1999.
IX
B
IM"el
�,� Financing:
.N
� N
Pitkin County Bank has been providing construction financing in the past.
423109 10/09/1908 03:88P CONTRACT DAVIS SILVI
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Landscaping:
The site will be left in a "natural" state wherever feasible, with a minimum of
planting done. Irrigation requirements will be slight and existing Water Rights
should be adequate. The minimum number of trees will be removed and the
existing vegetation around eachbuilding site will be retained to shield each
building.
Design:
An "indigenous" architecture incorporating native stone, wood and timbers
will be utilized to harmonize with all aspects of the site. "Trophy"
architecture elements will be avoided; all dwellings on the sit' will
complement each other without becoming repetitive. Affor:'able housing need
only cost less than free-market housing, not be any less dynainic or livable.
Parcel A -Each of the four Single Family Residences will be individually
designed and custom fit to each building site. The major facade of each house
will face toward the river and away from Upper River road. Parcel B- The
units will be turned to take maximum advantage of sun, view'and river view.
The dwellings will be laid out so as to minimize any exposure to Upper River
road. A. play area or community garden will be provided per resident's choice.
Project Quality:
The last mixed -use project completed by S & S Development, Victorians at
Bleeker, has received praise from its West End neighbors. All
Members of the Selection Committee are invited to tour Victorians at Bleeker
and see for yourselves how a mixed -use project, when done tastefully, can
add to the vitality•of a neighborhood. S & S Development is committed to
working with the local community while providing a quality -housing product.
Environmental Concerns:
An updated Phase I Environmental Impact Statement is in prccss.
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423109 10/09/1998 03:58P CONTRACT DAMS SILVI
24 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
1IIIIIIII1IIIIIIIIIIIIIIii1IIIIIIIIIIIIii1III1111H1III
423110 10/09/1998 04:07P ORDINANC DAVIS SILVI
29 of 33 R 0.00 D 0.00 N 0.80 PITKIN COUNTY CO
Serrniw uiidieg Zr 408 1/2 E Main. Aspen. Co 81611 -.
"plan/design/build"
(970) 925-6447; Fax (970) 925.6437
PITKIN IRON
DEVELOPMENT REVIEW
INDIVIDUAL SEWAGE DISPOSAL SYSTEMS
January 27, 1998
Using the Pitkin County Individual .Se"»ate Disposal System Regulations
revision 1995, the following setbacks and flow rate have been calculated, assuming
that the soil perc and profile conditions meet or exceed the county standards.
Description:
The proposed use of the Pitkin Iron site „.,s outlined by the S&S
Development Plan includes the construction of fur Free -Market Residences on
parcel A (the easterly portion consisting of 20.8 acres located between Upper River
road and the Roaring Fork River) and fifteen "Category Units" on parcel B (the
westerly portion consisting of 15.1 acres located between the Roaring Fork River
and State Highway 82).
Calculations:
Parcel A
S&S Development has proposed four ISDS to accommodate the homes on
parcel A. The Free-market Residences are proposed to have a FAR of 5800 sq. ft.
and include four bedrooms each. According to Table I of the Pitkin County
Regulations for ISDS, each of these homes qualify under "single-family dwellings
of > 2,000sq. ft.., but < 6,000 sq. ft." and are calculated at 100 gallons/person/day.
Each of these homes is calculated to have four bedrooms, which equals eight
occupants.
. Flow Design Rate (each Residence)
100 gal/person/day X 8 person = S00 gal/day*
*(This does not exceed 1000 g/d limit, additional setbacks are not required)
423109 10/09/1998 03:5OP CONTRACT DAVIS SILVI
25 of 28 R 0.08 D 0.00 N 0.00 PITKIN COUNTY CO
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423110 10/09/1998 04:07P ORDINANC DAVIS SILVI
30 of 33 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
• emrau Building 4 Design
"plan/design/build"
208 1/2 E Main, Aspen, Co 81611
r,970] 925-6447; Fa:c (970] 925-6437
Minimum Horizontal Distance (each ISDS)
According to Table II of the Pitkin County Regulations for ISDS, minimum
horizontal distances for these ISDS are:
100 ft. for Springs, Wells and Suction Lines
25 ft. for Drinking Water Supply Lines
25 ft. for Drinking Water Supply Cisterns
20 ft. for Dwelling or Occupied Building
10 ft. for Property Lines, Drain Tiles, Lined or Intermittent Irrigation Ditches
50 ft. for Lake, Water Course, Irrigation Ditch or Streams
25 ft. for Dry Gulches
6 ft. for Septic Tank
Parcel B
S&S Development has proposed 3 ISDS to accommodate the homes on
parcel B. Two Triplexes will consist of one three -bedroom unit and two two -
bedroom units Two Triplexes will consist of one three -bedroom unit; one two -
bedroom unit and one one -bedroom unit. Each ISDS will serve one of each
configuration of Triplex, or two Triplexes total.
Flow Design Rate (each 2-Triplex ISDS)
Each ISDS will serve 13 bedrooms, which equals 26 people and qualifies
according to Table I of the Pitkin County ISDS Regulations to be a "multiple -
family dwellings or apartments", and are calculated at 75 gallons/person/day.
75 gal/person/day X 26 person = 1950 gal/day*
*(This does exceed 1000 g/d limit, an additional setback of 76 ft. is required)
Minimum Horizontal Distance (each ISDS)
According to Table II of the Pitkin County Regulations for ISDS, minimum
horizontal distances for these ISDS are:
176 ft. for Springs, Wells and Suction Lines
25 ft. for Drinking Water Supply Lines
25 ft. for Drinking Water Supply Cisterns
20 ft. for Dwelling or Occupied Building
10 ft. for Property Lines, Drain Tiles, Lined or Intermittent Irrigation Ditches
126 ft. for Lake, Water Course, Irrigation Ditch or Streams
423100 10/89/1 03:56P CONTRACT DAVIS SILVI
28 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Ssmrw Building 4 Design
• "plan/design/build"
208 1/2 E Main, Aspen. Co 81611 "
(970) 925-6447: Fax (970) 925-6437
101.-ft. for Dry Gulches
6 ft. for Septic Tank
The third ISDS will serve one 1700 sq. ft., four -bedroom Single Family Residence
and one Duplex consisting of 4 bedrooms each. This is equal to 24 occupants total.
According to Table I of the Pitkin County ISDS Regulations the Single Family
Residence qualifies as a "Single-family dwelling < 2,000 sq. ft." and is calculated
at 75 gallons/person/day. The Duplex qualif, es as `Multiple -family dwellings or
apartments" and is calculated at 75 gallons/person/day.
Flow Design Rate (SFR and Duplex EJS),
75 gal/person/day X 24 persons = 1800 gallons/day*
*(This does exceed 1000 g/d limit, an additional setback of 64 ft. is required)
Minimum Horizontal Distance (each ISDS)
•
According to Table II of the Pitkin County Regulations for ISDS, minimum
horizontal distances for these ISDS are:
164 ft. for Springs, Wells and Suction Lines
25 ft. for Drinking Water Supply Lines
25 ft. for Drinking Water Supply Cisterns
20 ft. for Dwelling or Occupied Building
10 ft. for Property Lines, Drain Tiles, Lined or Intermittent Irrigation Ditches
114 ft. for Lake, Water Course, Irrigation Ditch or Streams
101 ft. for Dry Gulches
6 ft. for Septic Tank
Conclusion:
According to the 1995 revision of the Pitkin County Individual Sewage
Disposal System. the proposed deveic .c t of the Pitkin Iron site by .7.S
Development shall be in compliance with all established regulations and will
not require State Review. S&S Development acknowledges that according
to the new PCISDS regulations, that have not been published as of this date,
all proposed ISDS will have to be designed by a Registered Professional
Engineer and approved by the Pitkin/Aspen Environmental Health Office.
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semrau building and design
2U6 1/2 east man aspen. calorado 81611
phone (970) 925(3447 /Ina (9703 925.6437
Pitkin Iron Prcperty
Woody Creek. Colorado