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HomeMy WebLinkAboutbocc.con.314.2019CONTRACT #� ��- ee MCCABE RANCH AMENDED AND RESTATED SUBDIVISION/PUD ACTIVITY ENVELOPE AND GMQS EXEMPTION SUBDIVISION IMPROVEMENTS DEVELOPMENT AND VESTED PROPERTY RIGHTS AGREEMENT THIS MCCABE RANCH AMENDED AND RESTATED SUBDIVISION/PUD, ACTIVITY ENVELOPE AND GMQS EXEMPTION SUBDIVISION IMPROVEMENTS, DEVELOPMENT AND V STED RIGHTS AGREEMENT (this "Agreement") is made and entered into this day of , 2019, by and between MCCABE PROPERTIE Colorado limited liability company ("Owner") whose address is P.O. Box 8129, La Jolla, California 92038-8129, and THE BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, as the governing body of Pitkin County, Colorado (the "County"), whose address is 530 East Main Street, Aspen, CO 81611. WITNESSETH: WHEREAS, Owner and the County approved, executed and caused to be recorded an Amended Subdivision Plat and Planned Unit Development Plan J.H. McCabe Tracts and McCabe Ranch in the real property records of Pitkin County, Colorado (the "Records"), on the 1 I' day of May 2012 in Plat Book 100 at Pages 3 - 8 (the "Plat"); WHEREAS, the real property owned by Owner consists of parcels of land described on the Plat as the Fathering Parcel (the "Fathering Parcel") and Tracts 8, 9, 10 and 11, (together the Fathering Parcel and Tracts 8, 9, 10 and 11 are sometimes referred to herein as the "Ranch" or the "Real Property"). The subdivision of the Ranch and approved building envelopes as shown on the Plat were approved by the County pursuant to Resolution Nos. 114-2008, 048-2010 and 004-2011 of the Board of County Commissioners, and the Growth Management Quota System Covenants for Tract 8 and the Fathering Parcel are recorded as Reception Nos. 507539 and 507540 of the Records (collectively, all such Resolutions and the GMQS Covenants are referred to herein as the "Approval Resolutions"); WHEREAS, the Owner and the County entered into that certain Collins Subdivision/PUD, 1041 Hazard Review and GMQS Exemption Subdivision Improvements, Development Agreement and Vested Property Rights Agreement dated May P, 2012 and recorded in the Records at Reception No. 588961 ("Original Development and Vested Rights Agreement'). The Original Development and Vested Rights Agreement contained certain obligations and restrictions associated with the Ranch in accordance with the Pitkin County Land Use Code (together with any County -adopted standards, manuals, plans and regulations, the "Code'); -1- 1111111 VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII 1111111 II IIII RECEPTION#: 660522, R: $193.00, D: $0.00 DOC CODE: AMENDMENT Pg 1 of 37,11/19/2019 at 10:03:37 AM Janice K. Vos Caudill, Pitkin County, CO WHEREAS, pursuant to the terms of the Original Development and Vested Rights Agreement and the Approval Resolutions, the vested rights associated with the Real Property are scheduled to expire on April 14, 2020; WHEREAS, Owner timely filed with the County an application for extension of the vested rights associated with the Approval Resolutions for the Real Property and the County granted an extension of the vested rights from April 14, 2020 to April 14, 2030 by Resolution No. 009-2019, conditioned on the County and the Owner entering into this Agreement; and WHEREAS, the parties desire to enter into this Agreement and to supersede and replace the Original Development and Vested Rights Agreement with this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby supersede and replace the Original Development and Vested Rights Agreement (which shall be of no further force or effect) with this Agreement and the parties stipulate and agree as follows. 1. Water and Fire Protection System. The water system for the existing Ranch facilities, proposed new building envelopes, and existing residential structures were all upgraded in accordance with the Master Utility Plan (the "MUP') attached hereto at Exhibit M17P, consisting of two sheets MU -01 and MU -02 as required by the Approval Resolutions. The MUP graphically shows the following: The existing source of water is a spring to the southwest of the developed portion of the Ranch. This water is piped to an existing 5,000 -gallon storage cistern and pump -house on the Fathering Parcel that then is pumped throughout Tracts 8, 9 and 11, and the Fathering Parcel. This cistern and cisterns or storage tanks installed at the new or remodeled residences will be the sole source of potable water for these facilities. The new system of water piping is extended to all building envelopes and will serve all the buildings equipped with domestic water within Tracts 8, 9 and 11, and the Fathering Parcel. The water distribution line will also provide the water to fill individual fire sprinkler water tanks that are required for any new buildings and any major renovation of existing buildings within the Ranch. Per the requirements of the Basalt Rural Fire District, each cistern or storage tank on a new building or major renovation shall be sized to provide a 30 -minute cycle of sprinkler flow for the structure in question (approx. 3,000-5,000 gallons). The owners of the individual lots shall be responsible for construction of individual tanks and service to their residences from the distribution line as a requirement for each of their certificates of occupancy. In addition to the improvements to the water distribution system, the widening of select access routes within the Ranch to a minimum of 16' wide and installation of a fire hydrant adjacent to the central pond on Tract 8 were completed in accordance with the specifications of the Basalt Rural Fire District. Furthermore, pursuant to Basalt Rural Fire District specifications, Owner upgraded -2- the existing dry hydrant and cleared out the pond and added a screened inlet pipe to provide a water source for the hydrant. The access in front of the hydrant was improved with a turnaround cul-de-sac that enables a "Basalt -Tender" truck to fill up and pass a second truck. The grading exhibit, Exhibit GR -02 Grading, attached hereto and incorporated herein by this reference, indicates this design. The road approaching this turnaround was adjusted to meet the 4% maximum slope Code requirement within the turnaround. Snowplowing and road maintenance shall be undertaken as necessary to keep the entire turnaround area clear year round. The work to remove and revegetate certain existing road segments (which are identified on the Plat) was done concurrent with the widening of the road segments shown on Exhibit GR -02 Grading. The estimated costs for the above work is set forth on Exhibit EC attached hereto and incorporated herein by this reference. The construction plans for each water system to each new or remodeled residence shall be approved by the Environmental Health Department prior to commencement of construction. 2. Improvements to Driveway Serving Tract I I. The Road Site Plan Tract 11 ("T-11 Driveway Plan") attached hereto at Exhibit PPRD-01 and incorporated herein by this reference, describes driveway improvements to the existing driveway serving Tract 11. A grading plan for said improvements ("T-11 Grading Plan") is attached hereto at Exhibit GR -01 and incorporated herein by this reference. Owner agrees to construct these improvements in accordance with the T- 11 Driveway Plan, the T-11 Grading Plan and otherwise in conformance with the Code. The estimated costs of the road improvements shown on Exhibit PPRD-01 are set forth on Exhibit EC. Nothing herein shall prohibit said driveway from having a chip seal or better surface, which shall be at the discretion of owner of Tract 11. Until such time as a chip -and -seal surface is laid said driveway shall be treated with a dust suppressant at the expense of the owner of Tract 11. 3. Electric Service. Electric service is already present at the sites and will be installed and upgraded to the extent necessary to serve new construction. New power service lines shall be underground. Power lines, transformers and the installation of same shall conform to the requirements and specifications provided Owner by Holy Cross Electric Association or the then - existing electric service provider. 4. Telephone Service. Telephone service is already present at the sites and will be installed and upgraded to the extent necessary to serve new construction. Any new telephone service lines shall be underground. Telephone lines, pedestals and the installation of the same shall conform to the requirements and specifications provided Owner by CenturyLink or the then - existing local telephone service provider. 5. Drainage. A drainage report will be required at the time of building permit submission in connection with new or replacement residences and associated accessory buildings. -3- Those plans shall demonstrate how the development will maintain stormwater discharge rates at historic levels and comply with other applicable County standards. 6. Erosion/sediment lion control plan. Plans for erosion and sedimentation control shall be required at the time of building permit submission for the new and replacement residences and accessory buildings that will be built on the Ranch or at the time of submission of an earth moving permit for re -grading of the existing roads. The erosion and sedimentation control plans that are produced for the Ranch will follow these principles: • Sediment barriers will be placed on-site as necessary, including straw bales, silt fences and similar filtering devices. A silt fence will be installed around the perimeter of all areas that are to be disturbed. Inlets and catch basins will be protected with erosion logs or bales until construction is complete and vegetation has been fully re-established. ♦ Topsoil will be removed and stock piled prior to any mass grading or excavation and will be replaced following construction. • Any slopes steeper than 2:1 (such as the side slopes along a road) will be re - vegetated with erosion control blankets as soon as possible after the excavation phase has been completed. All areas disturbed by development will be re -vegetated no later than the first growing season after development is completed by spray application of County - approved native seed mixes and fertilizer to disturbed areas and by mulching seeded areas with straw as necessary. ♦ The property owner will employ appropriate weed prevention techniques on the development sites and will comply with the applicable provisions of then -existing Code. The estimated costs of sedimentation controls and re -vegetation for the planned road improvements are set forth on Exhibit EC. The costs of these items for the new and replacement residences will be addressed by the individual owners at the time of their own building permit submission. 7. Re-route of the Lower Green Meadow Ditch to Avoid the Building Envelope on Tract 9. A plan prepared by High Country Engineering to re-route the Lower Green Meadow Ditch is shown on Exhibit GR -02 Grading. The existing ditch will be filled in and the ditch will be re-established in the same alignment, immediately to the north of the building envelope, in an area of the meadow that is gently sloping. The new ditch will be approximately 2' deep. A cost estimate for the ditch realignment has been prepared by High Country Engineering and is indicated on Exhibit EC. -4- Affordable Housing. a• Deed Restriction jgELqment. Contemporaneously with the Original Development and Vested Rights Agreement, Owner entered into an agreement titled "Occupancy Deed Restriction and Agreement Affordable Dwelling Units" (the "Deed Restriction Agreement") with the Aspen/Pitkin Housing Authority ("APCHA" ). The Deed Restriction Agreement is recorded at Reception No. 588959 of the Records and sets forth the terms and conditions applicable to the provision of affordable housing in connection with the Ranch. Owner and the County acknowledge the rights and obligations contained therein shall be deemed conditions of this Agreement and each party agrees to abide by the terms thereof as though fully set forth herein. Although the County is not a direct party to the Deed Restriction Agreement, County agrees to issue building permits and final inspections and/or certificates of occupancy in accordance with the provisions set forth at paragraph 1.2 of the Deed Restriction Agreement. b• Housing Impact Fees Applicable To New Development. (1) Tract 8: This parcel, as reconfigured in accordance with the Approval Resolutions, is approved for development of a single family residence of up to 8,250 square feet of allowable Floor Area and has provided the Ranch Manager's House as affordable housing. No further affordable housing fees or exactions are required for the development on Tract 8 of up to 8,250 square feet of allowable Floor Area. (2) Tract 11: The original approvals for the J.H. McCabe Tracts required affordable housing in the event Tract 8 was further subdivided. The subdivision of Tract 8 into a newly configured Tract 8 and a new Tract I 1 triggers this obligation. Such requirement is to be satisfied by payment of an affordable housing impact fee for all Floor Area in excess of 5,750 square feet. The size of the residence approved for Tract 11 is not in excess of 5,750 square feet of allowable Floor Area and thus no affordable housing impact fee shall be required for development of up to 5,750 square feet of allowable Floor Area on Tract 11. (3) Tract 9: The size of the residence currently approved for Tract 9 is not in excess of 5750 square feet of allowable Floor Area. Therefore, no affordable housing impact fee shall be required. Any residential development approved in the future for Tracts 9 or 11 in excess of 5,750 sq. ft. of allowable Floor Area will require the payment of the then applicable affordable housing impact fee for all Floor Area in excess of 5,750 square feet. -5- 9. Residential Floor Area. The total Floor Area for residential uses was approved through the County Growth Management Quota System and is allowed to be constructed without the necessity of using Transferable Development Rights and is vested by this Agreement. For purposes hereof, the term residential Floor Area shall have the meaning set forth on Exhibit R- FA. am 10. Aericultural Floor Area. The total square footage for agricultural uses that is exempt as either pre-existing (grandfathered) and/or under the Code as it exists at the time of this Agreement, all of which is vested under this Agreement, is as follows: TABLE 2 BARN AND AGRICULTURAL BUILDING SQUARE FOOTAGE TRACTS 8,9, 10 AND 11 AND FATHERING PARCEL Tract No./Parcel Acreage Existing Barn & Exempt Floor Area for Agricultural Buildings Vested Agricultural by this Agreement (Current Code) Building Square Footage Barn: 4,060 sf (including existing sf) Tract 8 58.38 acres 4,187 sf (see note 1) Greenhouse: 1,600 sf Ag Equipment Storage: 990 sf Loafing Sheds: unlimited sf Hay Storage: 448 sf with 30' max to top of ridge or 672 sf with 20' max to top of ridge Tract 9 32.32 acres 2,240 sf Barn: 4,060 sf (including existing sf) Greenhouse: 1,300 sf (see note 2) Ag Equipment Storage: 990 sf Loafing Sheds: unlimited sf Hay Storage: 224 sf with 30' max to top of ridge or 336 sf with 20' max to top of ridge Tract 10 102.41 acres 0 sf Barn: 5,916 sf Greenhouse: 1,600 sf (see note 2) Ag Equipment Storage: 990 sf Loafing Sheds: unlimited sf Hay Storage: 672 sf with 30' max to top of ridge or 1,008 sf with 20' max to top of ridge Tract 11 13.23 acres 0 sf Barn: 1,160 sf Greenhouse: 1,300 sf (see note 1) Ag Equipment Storage: 990 sf Loafing Sheds: unlimited sf Hay Storage: 0 Fathering Parcel 271.63 acres 43,740 sf Barn: unlimited sf Greenhouse: 1,600 sf Ag Equipment Storage: unlimited sf Loafing Sheds: unlimited sf Hay Stora e: unlimited sf Note 1. Regarding Tracts 8 and 11: Notwithstanding the square footage limitations set forth in the table above, Owner may demolish certain of the existing agricultural buildings currently located on Tract 8 and replace any or all of such buildings as exempt (grandfathered) Agricultural Building Floor Area on either Tract 8 or Tract 11, notwithstanding the fact that Tract 11 is less than 20 acres (as to Hay Storage facilities). The buildings which Owner may demolish and replace —7— on either Tract 8 or Tract 1 I are listed in Exhibit #9 to the Detailed Submission Application and described as small shed #1 (92 sq. ft.); pole barn #3 (627 sq..); pole barn #5 (160 sq. ft.); smed #8 (162 sq. ft.); small shed #9 (83 all cabin #6/6A (186 sq. ft.); small shed #7 (60 sq. ft.); small shed sq. ft.); and small shed #10 (92 sq. ft.) and are so noted on the site development plan. Any replacement agricultural buildings to be built on Tract 11 may be built in the agricultural building envelope designated on Tract 11 and may not exceed the total square footage (1,462 sq. ft.) that is demolished from the above-described structures on Tract 8. The two other agricultural buildings that may be demolished on Tract 8 but for which the square footage may not be relocated to Tract 11 are the main barn #2 (1,824 sq. ft.) and pole barn #4 (901 sq. ft.) for a total of 2,725 sq. ft. of grandfathered square footage of agricultural structures required to remain on Tract 8. Note 2. Regarding Tract 9: The agricultural building square footage may be built over the existing tennis court in the agricultural building envelope. A previously existing agricultural shed that was located on Tract 10 may be demolished (or simply moved) and re -located within Tract 9 and is 2,240 sq. ft. in size. The exempt barn and agricultural building square footage amounts listed in Table 2 represent what is allowed by the Code as it exists at the time of this Agreement and the above two notes represent agreements from prior approvals concerning relocation of grandfathered agricultural buildings, and the right to build all such agricultural square footage is vested by this Agreement. Upon the construction of new agricultural structures, the then -owner of the structure shall record the Agricultural Covenant in the form attached hereto as Exhibit AG-Cov prior to occupancy or use of the new agricultural structure. If in the future the County adopts Code provisions that provide for increased floor area exemptions over the amounts shown in Table 2 for agricultural buildings, then Tracts 8, 9, 10, 11 and the Fathering Parcel shall be entitled to construct those increased amounts of exempt barn and agricultural building floor area. 11. Lot Line Adjustment between Tract 10 and Tract 9. The Owner previously obtained approval from the County for a lot line adjustment between Tract 10 and Tract 9. The Non -Development Easement restrictions previously imposed on Tract 10 were imposed upon the new land included in Tract 10 that was formerly within Tract 9 as a result of the Lot Line Adjustment and said restrictions were released from the land previously within Tract 10 that is now included in Tract 9 by reason of the Lot Line Adjustment. This is reflected on the Plat. 12. Nature and Estimated Cost of Improvements. Owner shall be responsible for construction and installation of all public improvements required hereunder. The nature, extent and estimated cost of such improvements are set forth on the schedule attached hereto as Exhibit EC. In the event the cost of the contemplated improvements exceeds those estimated on Exhibit EC, Owner shall be solely responsible for the higher cost thereof. 13. Construction Schedule. The improvements provided for in this Agreement may be developed and completed in phases and in any order; provided, however, a building permit for -8- construction of a residential dwelling on a particular parcel which requires completion of the improvements secured by this Agreement shall not be issued untilthe construction by Owner or the owner of the particular parcel, as applicable, of its required road access, water, electric and telephone services as described herein have been commenced for such lot and the collateral security C'Collateral Security") described below has been approved and accepted by the County Attorney. At the time of submitting the Collateral Security to secure the construction of public improvements, Owner or the owner of the particular parcel, as applicable, shall submit a construction schedule indicating the estimated timing of the completion of said improvements or phases thereof. All potable water system improvements, fire protection improvements and road system improvements required to serve any new residential structure on Tracts 8, 9 or 11 shall be completed before the issuance of a Certificate of Occupancy for each new residential structure that is served by said improvements. 14. Collateral Security. Owner's performance of the obligations described on Exhibit EC herein shall be secured by collateral sufficient to make reasonable provision for the completion of said improvements in accordance with the construction schedule and specifications therefore in the form of Collateral Security. The Collateral Security shall be documented in a manner acceptable to the County Attorney and may be in the form of a letter of credit, a cash deposit or an assignment of a certificate of deposit. In order to secure Owner's performance under this Agreement, no building permit shall be issued for a residence on any of Tracts 8, 9, 11 or the Fathering Parcel until such time as the Collateral Security for the improvements necessary to serve the land that is seeking said building permit is provided to Pitkin County in a form acceptable to the County Attorney. The Collateral Security shall be equal in value to the cost of the public improvements not yet completed which are necessary to serve said parcel(s) described herein and in conformance with Exhibit EC. Upon the acceptance of the Collateral Security by the County Attorney, said building permit(s) therefore may issue. a. As portions of the public improvements are completed, the County shall inspect them; and, on approval and acceptance of such improvements by the County, the County Attorney shall authorize the release of that amount of the security equal to the cost of that portion of the improvements completed; provided, however, ten percent of the cost of the improvements completed shall be retained until all public improvements provided for the Tract seeking a building permit for a new residential structure are completed and approved by the County. b. Owner, or its successors, shall perform its obligations to construct the public improvements provided for in this Agreement in substantial compliance with the construction schedule approved at the time of building permit. If Owner fails to complete the improvements in accordance therewith, Owner shall be given 90 days' written notice from the Board of County Commissioners in which to complete the improvements. If Owner fails to complete the improvements within the 90 -day period, the Board of County Commissioners, upon 30 days' written notice to Owner, shall have the unconditional right -9- to draw upon the Collateral Security, as posted, to pay for improvements to be completed by the County or pay any outstanding bills for any work already completed by any party with the Owner having the right to bond over any outstanding liens on the property. Final payment for any improvements completed by the County shall be made only after same have been inspected and accepted by the County. Notwithstanding, during the 90 -day notice period set forth above, Owner may submit an updated construction schedule and Collateral Security to complete any outstanding improvements for review and acceptance in good faith by the County Attorney. Acceptance of the updated construction schedule and Collateral Security shall be at the reasonable discretion of the County. C. In the event the Owner defaults hereunder and the County, by withdrawal of funds, performs the obligations of the Owner hereunder, the County, in good faith, shall be obligated to complete the improvements in an economically efficient manner as is practicable. The County may require a reasonable default fee if set forth in Exhibit EC to cover the County's administrative cost of completing the improvements in the event the Owner defaults hereunder. 15. Site Plan Annroval Renuired. Prior to the submission of an application for a building or other development permit for the expansion, remodel, development or redevelopment of the Aspen House on Tract 8, a new residence on Tract 9, the Hex House on Tract 11, the Collins Home Site residence on the Fathering Parcel, the Sopris House on the Fathering Parcel, the new duplex on the AH-DUP parcel, the Ranch Manager's House on the AH -RM Parcel, agricultural buildings in excess of 4,060 square feet, the owner of any such Tract or Parcel shall be required to file an application for and obtain approval for Site Plan Review pursuant to Code Sections 2-30- 20 and 7-10-50, as the same may be amended from time to time, unless such application is determined to be exempt pursuant to Code Sections 7-10-30 and 7-20-120(c)(4), as the same may be amended from time to time. With regard to the Collins Home Site, in addition to otherwise complying with the requirements of the Approval Resolutions, the Site Plan shall demonstrate compliance with Sections 5.3 and 5.4 of the GMQS Covenant recorded at Reception No. 507540. 16. Preservation of Historic Structures.• Relocation of Historic Cabins. There are three historic structures on the Ranch: the "Red Barn," the "Irrigator's Cabin" and the "Homestead Cabin." Such three structures are hereby designated to the Pitkin County Historic Register. Attached as Exhibit HC, is a copy of the Historic Structure Covenants that restrict the future use of the Historic Structures designated to the County's Historic Register. Each of the three structures is described on Exhibit HPP, attached hereto and incorporated herein by this reference. Owner shall pay all expenses for and perform the restoration work and improvements to the three historic structures described on Exhibit HPP within the timeframes set forth on Exhibit HPP. Further, Owner shall maintain and repair the three historic structures after those structures are restored so as to maintain the historic and architectural integrity of such historic structures. The Owner shall have the right to (but is not required to) relocate the Irrigator's Cabin on Tract 8 to a location near the barn within the agricultural building envelope designated on Tract 8. The Homestead Cabin -10- is located on the Fathering Parcel within the Non -Development Easement. It is presently located on a spring that damages the floor of the Homestead Cabin. Owner shall have the right to relocate the Homestead Cabin within the Non -Development Easement on the Fathering Parcel to a location near its present location but outside the area influenced by the spring that has been damaging the Homestead Cabin. 17. Vested Pronertv Rights. The Plat and the Approval Resolutions granting final PUD and Subdivision approvals for the Ranch, including the Tracts, Fathering Parcel, lots, building envelopes, setbacks and floor area established under the Plat and Approval Resolutions and as set forth in this Agreement, constitute a Site Specific Development Plan pursuant to §§24-68-101, et. seq., C.R.S., and the Ranch is hereby vested against any changes in the Pitkin County Land Use Code until April 14, 2030. Such vesting shall apply to all the rights and entitlements set forth in this Agreement, the Plat, the Approval Resolutions, and all other agreements and documents executed by the County and County staff in connection with the Ranch. 18. Covenants Running With Land. All covenants, restrictions, conditions and obligations herein contained are covenants running with the land and shall attach and bind and inure to the benefit of the Owner and County, their respective grantees, successors and assigns. 19. Ca tions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Subdivision Improvements Agreement or the intent of any portions hereof. 20. Entire A Bement. This Subdivision Improvements Agreement constitutes the full and complete agreement of the parties hereto and may not be modified except by a written agreement signed by the parties. 21. Notice. Any notice, communication, request, reply or advice (hereinafter severally and collectively, for convenience, called Notice) in this Agreement provided or permitted to be given, made or accepted by either party to the other party must be in writing and may, unless otherwise in the Agreement expressly provided, be given or be served by depositing the same in the United States mail, postage prepaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer or agent of such party or by postage prepaid telegram, when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For addresses of the parties shall, until changed as hereinafter provided, be as follows: of notice, the -11- PITKIN COUNTY: The Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 OWNER: McCabe Properties LLC P.O. Box 8129 La Jolla, California 92038-8129 However, the parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five days' written notice to the other party. EXHIBITS: The following Exhibits are attached hereto and incorporated herein by this reference. EXHIBIT MUP - MASTER UTILITY PLAN CONSISTING OF SHEETS MU -01 AND MU -02 EXHIBIT GR -01 - GRADING PLAN SHEET I EXHIBIT GR -02 - GRADING PLAN SHEET 2 EXHIBIT PPRD-01 - PLAN & PROFILE ROAD TO COLLINS HOUSE EXHIBIT EC - ESTIMATED COSTS EXHIBIT R -FA - RESIDENTIAL FLOOR AREA EXHIBIT AG-Cov - AGRICULTURAL BUILDING COVENANTS EXHIBIT HPP - HISTORIC PRESERVATION PLAN [SIGNATURE PAGES FOLLOW] -12- IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements and Development Agreement effective as of the date first written above. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By hairpen / L 2 r `� 7 0 -- STATE OF COLORADO ) COUNTY OF PITKIN )ss. The orego' instrument was acknowledged before me this I Zo/ ay of gc�e {� 2019, by s c lti wm v�, as Chairperson of the Pitkin County Board of County Commissioners. Witness my hand and official seal. My commission expires: JEANETTE JONES NOTARY PUBLIC STATE OF OOa O"7A. W: Nl".9'i"a+ RY irk Page Follows] -13- IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. OWNER: McCABE PROPERTIES LLC, a Colorado Limited Liability Company By: its Manager, the Harry Anthony Collins and Judith Allen Collins Revocable Trust dated 8/4/76, as amended By: Christopher Allen Collins, Trustee STATE OF CO1QY-(1A�_ COUNTY OF PILk � ss. The foregoing instrument was acknowledged before me this 4" day of &10v6WIXE 2019, by Christopher Allen Collins, as Trustee of the Harry Anthony Collins and Judith Allen Collins Revocable Trust dated 8/4/76, as amended, as Manager of McCabe Properties, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Lo � 13 01�a3 Grace Wright NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 20194022312 MY COMMISSION EXPIRES June 13, 2023 Notary Public -14- EXHIBIT MUP (MASTER UTILITY PLAN CONSISTING OF SHEETS MU-01 AND MU_02) -15- -16- ,777 X 0 'i Prrpq COVNT.COLWCU0 HIGH COUNTRY ENGINEERING, INC.I MCCABERACM 1D1)BLAKGAKNUC. aTE 101. D� cr-[wwooe KoxtNcs. ce at aat MASTER UTILITY PLAN PNON£IY)e10�1aala.rA%(�01➢(SIDS! rotaoeo WWW.HCENG.COM ceiuuaD, —17— EXHIBIT GR -01 (GRADING PLAN SHEET 1) -18- 3wncu sNrnoo Zulu" Nvu EXHIBIT GR -02 (GRADING PLAN SHEET 2) -20- 11 «...w ....cs s+a�...o.�.-.v.o.e�.s.w.. dallL S'/AYV3Ao�°, M��t°°`t`f�N g s N+�'sr.a.var..scs, !1►nOVWJofOdOY. ' �» 'art �n+ar rrr Aarrarwart�ai �flon',..t�„ o n FF � � � tai LJ . ♦ .\..': \ �, i `�. a \ / i �• �♦.., . ice, � � --��,�`_ �..�--�=.�._._ moi! - ,♦ js _ l t r r. `•'�_• `i 'off t *-*' .9' !� , "•"•'•� . -, w �. i `jam / I, .,7 .� ; ��� v �a\, �. �' �. %,\ \\\\.1 ` I \4 c••-•'. �'"}.'rte ''•` ♦♦ 12` *\.,. . •-•,•�'4 ^\\ \ 51.� `�*` E ` � �. .'cam u �. � � �* `'� 7670 5 +� i4 ,, 4 w� •�iix � -E ... '�J r f ++/ `tai/ � t`,t y� v `'! . ct .�'• •.�5�°• �,,i #'ss• a �;,�`. st. / �, � If f fC` � 1 O.. �y,,� -21- EXHIBIT PPRD-01 (PLAN & PROFILE ROAD TO COLLINS HOUSE) -22- wrs VU Q.- -23- EXHIBIT EC (ESTIMATED COSTS) r -24- –25– HCE JOB NO: 2051715.00 Fie 9.29-09 ITEMj.4jdskprojWU775kxcdCost QUANTITY E UNIT COST ; COST 10" C-900 PVC Hyrad Line (mc, screened mW witin p2acQ 2031 L.F. 1 $45.00 $9,135.00 Rg H Assembly (inc. gate valve and b" ) T-11 Each I $4,500.00 $4,500.00 Earthwork e i Job I 55,000.00 55,000.00 6" Class 6 Base Course (new and widened access mads ! 400 C.Y. F $42.00 516,800.00 12" ADS N12 Pipe 48 LF. j $30.00£ $1,440. 12" ADS Flared End Section 2 Each 5200.00 5400.00 Sodiment Coarct Fence 940€ LF. S2.50 $2,350.00 l i Jobj 51,500.00 511500.00 SUB TOTAL 541,125.00 s — 'ees include and @!"p= 2" Pmecore Water Linc _ € 1,405 L.F. ; 517.00€ S23,885.00 2-2" Purecore Shared Water Line Trench 295 L.F. $22.001 $6,490.00 1-114' HDPE Water Service 4 Each S500A0j 52,000.00 SUB TOTAL € 532,375.00 7. Oce irtcl€tdesfrenchiand 12" ADS-NI2 rp 921 L.F- S30-00` 52,760.00 h qo" oa Cowrdc Headwalls 21 Each S1,200.00€ 52,400.00 Earthwork ditch 'n 440 L.F. 55.00 $2,200.00 SUB TOTAL S7,369.00 , SUBTOTAL i $80,860A0 107% S8 086.00 SUB TOTAL 588,946.00 3;' L 1` 7 hese bids and the esumauc do not indWe eng€nar€ng serviaa or taitity soh costs. High C.., F.nguteering, Inc. cantor be held mponsiW for truces horn its es"ate as actual coats may vary due to bid awl market flucmuoos. –25– EXHIBIT R -FA (RESIDENTIAL FLOOR AREA) 5-20-70: MEASUREMENT OF FLOOR AREA Floor area shall be measured based on the criteria in (a -e) except as modified in (f) for lots in the Urban Growth Boundary area that are located in zone districts with floor area ratios, in (g) for the VC and VR zone districts, and in (h) for the RR zone district. (a) General In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. For strawbale or log wall construction and for foundation walls, all dimensions shall be taken from the centerline of the wall. Veneer facades up to eight (8) inches in thickness shall be excluded from the calculation of floor area; that portion of a fagade which exceeds eight (8) inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. Structures that do not exceed thirty (30) inches in height measured above or below finished and natural grades, and that are not covered by a roof or horizontal projection from a building are exempt from floor area calculations. A minimum of two percent (2%) of the total floor area as calculated under the latest adopted Building Codes, or fifty (50) sq. ft., whichever amount is greater, shall be a dedicated mechanical area of at least seven feet (7') in height, which area shall contain mechanical, electrical and plumbing equipment, but no laundry or other household uses or appliances. The mechanical area may be dispersed in more than one location. Mechanical areas less than two percent (2%) of the total floor area may be permitted when the building permit application includes a complete mechanical plan showing placement of all proposed systems and compliance with the latest adopted Building Codes. Mechanical plans must be provided by a mechanical contractor or engineer, or other professional approved by the Building Official. (b) Roof and Deck Overhangs The floor area of a building, or portion of a building, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds eight (8) feet. These architectural projections are exempt for eight (8) feet of the perimeter of each story of the structure. This exemption cannot be used to transfer space between floors. Roof and deck overhangs greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5-1. (c) Decks, Balconies, Stairways and Similar Features -26- Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen (15) percent of the approved floor area for the subject parcel or lot. Any areas in excess of fifteen (15) percent shall be counted toward floor area. Decks, balconies, stairways, and similar features with a horizontal projection greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5-1. Pergolas and open shade structures shall be considered part of the fifteen (15) percent of the approved floor area for decks, balconies, stairways, and similar features as specified above, so long as the following criteria are met: Overall height cannot exceed twelve (12) feet above finished or existing grade, whichever is most restrictive. At least seventy (70) percent of the area of such structures shall be open to the sky. There shall be no more than two (2) layers of structure above the column capitals. Principal beams shall be a minimum of ten (10) feet on center and have a maximum dimension of six (6) inches in width and twelve (12) inches in depth. Secondary beams shall be spaced at a minimum of twenty-four (24) inches on center and have a maximum dimension of four (4) inches in width and ten (10) inches in depth. There shall be no walls. The doubling of beams over the columns shall be permitted. (d) Crawl Spaces (1) A Horizontal Crawl Space means an area below the first usable floor of a building or portion of a building, excluding decks, patios and terraces. Horizontal Crawl Spaces are exempt from floor area calculations when less than five (5) feet six (6) inches in height. Horizontal Crawl Spaces do not exceed the footprint of the exterior walls of the structure above, except that crawl spaces may be detached from the principal structure when used for exterior uses such as jacuzzis, spas, hospitality bars, water features, sprinkler systems, and pool mechanical areas. Such Crawl Spaces shall be no larger than necessary to accommodate necessary mechanical equipment and may not be used for other uses. (2) A Vertical Crawl Space means an enclosed, unfinished, and non -habitable area that may exceed five feet six inches (5'6") in height and is located between the exterior of a foundation wall and the surface of the finished grade of a vertical or nearly vertical slope, which slope is retained by an engineered system which requires a separation between the foundation wall and the surface of the finished grade of the slope. Vertical Crawl Spaces shall be exempt from floor area calculations, provided they comply with the following: (a) That the design is supported by an engineering/geologic study approved by the Community Development Department, which requires a separation between an engineered system and the exterior wall; and (b) The horizontal dimensions measured from the base of the exterior wall to the engineered system does not exceed six feet six inches (6'6';) and (c) The area shall remain unfinished and contain no hard floors; and -27- (d) The area shall be limited to containing non -spark producing mechanical, plumbing, electrical, telephone, cable, audio, and water systems. Storage shall be prohibited; and (e) Access to the area is limited to the dimensional requirements necessary for removal and repair or replacement of systems equipment; and (f) The Vertical Crawl Space may be covered at the top with a waterproof structural lid that does not have any habitable enclosed space above; and (g) The height of the Vertical Crawl Space shall not exceed twenty-five feet (25'.) (e) Attic Attic means an area between roof framing and the ceiling framing of the room(s) below. Attics are exempt from the calculation of floor area when less than five (5) feet six (6) inches in height. (f) Gas Station Canopies: N/A (g) Additional Provisions for Zone Districts within the Urban Growth Boundary Area Subject to Floor Areas Ratios: N/A. (h) Additional Provisions for VC and VR Districts: N/A. (i) Provisions for the RR Zone District: N/A. 0) Floor Area Exemptions for Agricultural Buildings: N/A — see Table 2. -28- EXMBIT AG-Cov (AGRICULTURAL BUILDING COVENANTS) (see attached) -29- RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AN AGRICULTURAL BUILDING THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered this day of 20 , by ("Grantor" or "Owner"), of the Property (defined below), for the benefit of the Pitkin County Board of County Commissioners ("County"). WITNESSETH WHEREAS, Grantor owns the real property described in Exhibit "A" ("Property"), PID No. ---'which Property contains agricultural building(s) as allowed pursuant to the Pitkin County Land Use Code. Said agricultural building(s) will be located as shown on the attached site plan and shall contain approximately square feet of exempt floor area. For the purposes of this Restrictive Covenant, the approved agricultural building(s) and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Agricultural Building"; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property, which restrict the use of the Agricultural Building, as more particularly set forth herein. NOW, THEREFORE, for and in consideration ofthe covenants, terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County, forever and in perpetuity, an interest in the Property through this covenant solely with respect to the Agricultural Building and only to the extent provided for herein, for and in consideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to use of the Property. The use of the Agricultural Building shall henceforth be limited to [add limits based on =e of A_ R B� 2. Covenant running with the land: binding effect. The provisions of this Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a burden thereon for the benefit of the County and shall be deemed an appurtenance to the title to the Property. 3. Permitted uses and activities. As owners of the Property, the Grantor retains the right to perform any act consistent with the Land Use Code to the extent such act is not prohibited or Iimited by the requirements of this Restrictive Covenant. These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing on the Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor chooses. Nothing -30- herein shall be construed to be an approval by the County under the Land Use Code for any purpose. 4. Enforcement and Inspection. This Restrictive Covenant and its terms and representations shall be fully enforceable by the County in any action at law or equity or both, to secure compliance, including but not limited to, seeking injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to cease and desist all activity in violation of the terms of this Restrictive Covenant and to return the Property to its condition prior to any such violation. Moreover, the County and its agents who are its employees, and no other persons, shall be permitted access to, and to enter upon the access road within the Property that runs to the Agricultural Building and into the Agricultural Building itself at reasonable times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for the purpose of monitoring, inspection, and, if necessary, remediation of the Agricultural Building in order to enforce and assure compliance with the terms and conditions of this Restrictive Covenant. No other right of access to any other portion or part of the Property is given by Grantor. The County's rights of inspection shall be limited to no more than once per year, unless the County can demonstrate that an exigent circumstance exists that requires more frequent inspection. The County shall be solely liable for any injury to the County's agents, employees or other persons authorized to inspect the Agricultural Building that may occur on the Property, unless such injury is due solely to the gross negligence of Grantor. The County shall be liable to Grantor for any damage to Grantor's real or personal property caused by the acts of the County or its agents in exercising its rights of inspection granted hereby. 5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the Property, including but not limited to, Grantor's costs associated with compliance with this Restrictive Covenant. The County's acceptance of this Restrictive Covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Property and Grantor acknowledges that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties and liabilities associated with the Property. 6. Subordination. At the time of the conveyance of this Restrictive Covenant, the Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this Restrictive Covenant. 7. Incorporation of the Land Use Code. The Land Use Code, as may be amended from time to time, and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety, however, in the event of any inconsistency between the terms of this Covenant and any provision of the Land Use Code adopted after the date hereof, the terms of this -31- Covenant shall be given paramount effect. 8. Modification. The terms of this Restrictive Covenant can only be modified by an amended covenant executed by both Grantor and County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 9. Venue and jurisdiction. Grantor and the County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Restrictive Covenant. 10. Attorneys' fees and costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any ofthe agreements, covenants or restrictions contained herein, the substantially prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys' fees. 11. Section headings. Paragraph or section headings within this Restrictive Covenant are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 12. Further actions. The parties to this Restrictive Covenant agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Restrictive Covenant or any agreement or document relating hereto or entered into in connection herewith. 13. Notices. Any notice which is required to be given under this covenant shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid to any address provided herein or to any subsequent mailing address of the then owner of the Property as shown in the records of the County Assessor's Office. To Grantor: With copies to: -32- To the County: Pitkin County Manager 530 E. Main Street, Suite Aspen, CO 81611 With Copy To: Pitkin County Attorney 530 E. Main Street, Suite 302 Aspen, CO 81611 IN WITNESS WHEREOF, Grantor and the County have executed this Restrictive Covenant as of the date and year first written above. Grantor: County of ) ss. State of ) The foregoing Restrictive Covenant was acknowledged before me this day of , 20_ by Witness my hand and official seal My commission expires on: Notary Public -33- ACCEPTED by the Community Development Director this day of , 2019, pursuant to Board of County Commissioners Ordinance No. 032-2017: Suzanne Wolff, Assistant Director APPROVED AS TO FORM Richard Y. Neiley, Assistant County Attorney -34- EXHIBIT A (legal description to restrictive covenant) -35- EXHIBIT HPP (HISTORIC PRESERVATION PLAN) 1. Red Barn. The Red Barn was originally built in 1886 and is located on Tract 8 off of Rose Spur Road near the center of the McCabe Ranch. It is one of the more prominent agricultural buildings on the Ranch. The foundation of this structure has washed out, causing the structure to lean and be out of alignment. Many other critical elements of the structure, including the roof, the wood boards and logs and the chinking also need to be restored. This structure is historically significant, in part because of its use of logs that span the entire length of the rear wall. The Owner worked with the County's Historic Preservation Officer to create a plan for restoration of the Red Barn. Owner has filed an application for a building permit for the Red Barn based on that County -approved plan for restoration. The building permit application details how this structure can be preserved and made usable so that it can serve the Ranch. Renderings showing how the barn will appear following restoration are attached. Weather permitting, the restoration of the Red Barn will commence within six months after the County approves the currently pending building permit application for the Red Barn and will be completed within eighteen months after the issuance of such building permit. 2. Irrigator's Cabin. The Irrigator's Cabin is located on Tract 8 near the Aspen House and may be re -located pursuant to the Development and Vested Rights Agreement to which this Exhibit is attached. It is a relatively small one -room cabin that has a long history of occupancy by ranch hands. The Owner intends to renovate and make improvements to this structure that will allow the cabin to be occupied from time -to -time by seasonal Ranch employees. The attached renderings show how the Irrigator's Cabin will appear following its restoration. The Owner worked with the County's Historic Preservation Officer to create a plan for restoration of the Irrigator's Cabin. Owner has filed an application for a building permit for the Irrigator's Cabin based on that County -approved plan for restoration. Weather permitting, the restoration of the Irrigator's Cabin will commence within six months after the County approves the currently pending building permit application for the Irrigator's Cabin and will be completed within eighteen months after the issuance of such building permit. -36- 3. Homestead Cabin. The Homestead Cabin was built in 1886, is located on the Fathering Parcel and may be re -located pursuant to the Development and Vested Rights Agreement to which this Exhibit is attached. The Homestead Cabin sits in a spring and water comes into this structure through the floor. This is causing the Homestead Cabin to deteriorate and to sink into the ground. This structure also needs to be lifted so a new foundation can be installed and the logs can be replaced at the bottom of the Cabin. This structure also needs a new roof and it needs rotten logs and worn out boards to be replaced. The Homestead Cabin is located in an area of the Ranch where cattle calving occurs in the late winter and early spring. The calves are often birthed with the assistance of ranch hands in the middle of the night and in harsh weather. When the structure is completed it will provide an ideal location for ranch hands to stay during this time of year so they can be near to the cattle. The Homestead's fireplace will provide heat to help warm new born calves that are brought into the Homestead Cabin before returning to their mothers. The plans for the Homestead Cabin are not complete. Preliminary plans have been reviewed with the County's Historic Preservation Officer. Owner shall work diligently with the County's Historic Preservation Officer to create a final restoration plan for the Homestead Cabin before December 31, 2019. Once the final restoration plan is approved by the County's Historic Preservation Officer, Owner will within twelve months thereafter file an application for a building permit for the restoration of the Homestead Cabin. Weather permitting, the restoration of the Homestead Cabin will commence within six months after the County approves such building permit application for the Homestead Cabin and will be completed within eighteen months after the issuance of such building permit. -37-