HomeMy WebLinkAboutbocc.con.052.1974SIL. VI~ DRVIS RITK)N COUNTy CO R 0.00
SUPPLEMENTAL SUBDIVISION
IMPROVEMENTS AGREEMENT
495085
Page: 1 of' 6
03102/2004 lO:OTr
D e.0o
THIS AGREEMENT made and entered into this i{~ day
of January, 1974, by and between SNOWMASS MOUNTAIN DEVELOPMENT
CO., a Colorado corporation ("Company"), and PITKIN COUNTY,
COLORADO, ("County");
WI TNE S S E TH:
Recitals
1.1 The Company has filed with the County ~ommissioners
for Pitkin County, for their final subdivision appro"~al, a Condo-
minium Map for Snowmass Mountain Condominiums, PhaselI, pursuant
to Subdivision Regulations of Pitkin County. I
1.2 A Subdivision Improvements Agreement h~s heretofore
been executed on January 16, 1973, by and between th% Company and
the County, and both the Company and County now desire to modify
said Agreement as specifically hereinafter set forth! and to
ratify that part of said Agreement which is not so m~dified.
1.3 The Pitkin County Planning Office has ~ecommended
that certain things be done by the Company prior to final sub-
division approval of the said Condominium Map. !
1.4 The Pitkin County Board of County Con~n~ssioners has
required, as a condition to its final subdivision approval of the
said Condominium Map, that a Supplemental SubdivisionI Improvements
Agreement be entered into incorporating the desired modifications
to the original Subdivision Improvements Agreement and requiring
compliance with the aforesaid recommendations of the ~itkin County
Planning Office.
II.
Basic Agreement
2.1 The street paving required to be done by the Company
Page:
pursuant to the Subdivision Improvements Agreement dated January
16, 1973, is the paving of that road described in Exhibit
attached hereto and incorporated herein by this reference, and
the same shall be completed by the Company as soon !S may be
practical following completion of the entire condominium project,
including Phase I, Phase II, and Phase III, as thos~ phases
appear on the Site Plan attached hereto as Exhibit "!B" and
incorporated herein by this reference, but in any e~ent no later
than September 30, 1979; however, should the CompanyI so desire,
it may complete all or any part of said street pavin~ at .any time
prior to completion of the entire condominium pro3ect.
2.2 The Company agrees to complete the wor~ required to
be done according to the surface drainage plan prepared by Benedict
Associates, Inc. as the same appears on Exhibit "B" ~ttached
hereto, or in the event that Briscoe & Maphis Management Services,
Inc., of Denver, Colorado, to whom said plan has beeT submitted
by the Pitkin County Planning Office for its review ~nd recommendation,
recommends changes, modifications, or additions, to Said plan,
the Company agrees to do any and all work which may be or become
necessary to make such changes, modifications or additions.
2.3 The Company has contacted the Soil Conservation
Service of the U.S. Department of Agriculture's GlenWood Springs
Field Office requesting recommendations on revegetat~on of the
site, and the Company agrees to do any and all work ~hich may be
or become necessary to comply with said recommendations.
2.4 The Company shall not be required to install street
lights or street name signs as previously required by! the Sub-
division Improvements Agreement dated January 16, 197!3.
2.5 The Company shall complete all work required to be
done pursuant to Paragraphs 2.2, and 2.3 hereof prior! to August 1,
1974.
2.6 In order to guarantee the performance b~ the Company
of the covenants contained in paragraphs 2.1, 2.2, and 2.3 hereof,
-2-
Page: 3 of 6
03/02/2004 10:07
SILVIR DRVIS PITKIN COUNTY O0 R 0.00 0 0.0~
the Company shall deliver to the County on the dat< :of e×ec~tion
of this Agreement either cash or a good andsufficient' ' corporate
surety bond in the principal sum of Ten Thousand Dollars
($10,000.00), Six Thousand Dollars ($6,000.00) of which shall be
conditional upon satisfactory completion of the wor~ described
in paragraphs 2.1 hereof prior to September 30, 1979!, and Four
Thousand Dollars ($4,000.00) of which shall be conditional upon
satisfactory completion of the work described in paragraphs 2.2
and 2.3 hereof prior to August 1, 1974. Provided, hQwever, that
if the Company shall hereafter submit bona fide bids! from
responsible contractors or other evidence satisfacto~ to the
Pitkin County Planning Office, that the work described in
paragraphs 2.2 and 2.3 hereof will cost less than FoUr Thousand
Dollars ($4,000.00) to complete, the cash or bond sh~ll be reduced
accordingly; and further ~provided that if the work d~scribed in
paragraph 2.1 hereof is completed in stages, the cash or bond with
respect thereto shall be reduced in proportion to that work which
is so completed. If cash is initially deposited to guarantee
such performance, such may be withdrawn upon substitution of a
corporate surety bond as hereinabove described.
2.7 That part of the aforesaid SubdivisionlImprovements
Agreement dated January 16, 1973, which is not modified by this
Agreement is hereby ratified.
IN WITNESS WHEREOF, this Agreement has been lexecuted
as of the day and year first above mentioned.
ATTEST:
~ry
Se(
President~ ~
PITKIN COB2~ITY, COLORADO, ~y and
through its Board of County Commissioners
-3-
Page: 4 of'
03/02/2004
EXHIBIT "A"
A non-exclusive access easement located in Tract 42,
Section 1, Township 10 South, Range 86 West of the 6th
Principal Meridian. Said easement is more fully d~scribed
as 15 feet each side of the following described center-
line: Beginning at a point whence Angle Point 1 of said
Tract 42 bears N. 50°18'51'' E., 904.27 feet (said point of
beginning being a point on a road easement, as described
in Book 265, page 633, Records of the Pitkin County Clerk
and Recorder, providing access to Brush Creek County Road;)
Thence 9.94 feet along a curve to the
a radius of 47.27 feet and a chord that bears
9.94 feet;
right having
N. 38°08'06'' E.
Thence 45.88 feet along a curve to the left having a
radius of 48.27 feet and a chord that bears N. 16o56'44'' E.
44.18 feet;
Thence N. 10°16'56'' W. 135.72 feet;
Thence 119.62 feet along a curve to the right having
a radius of 608.99 feet and a chord that bears N. 4°39'19" W.
119.42 feet;
Thence N. 0°58'18" E. 118~69 feet;
Thence 58.20 feet along a curve to the
radius of 53.62 feet and a chord that bears N.
55.50 feet.
right having a
32°08'10'' E.
Page: 6 o¢ 6
03/02/2004 20:07
S[LV:~ D~V[S PTTK;[N COUA~?v CO R 0.00 D 0.00