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HomeMy WebLinkAboutbocc.con.067.1974CONTRACT # SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made and entered into effective July 8, 11974, by and between ASPEN LAW CENTER, INC., a Colorado corporation ~!(ALC) and PITKIN COUNTY, Colorado (County) acting by and through i~its Board of County Commissioners, i W I TNE S S E T H Recitals 1.1 ALC has filed an application for Subdivision iApproval and Planned Unit Development relating to a portion of ~Faraway Ranch, Aspen Law Center, more fully described in Exhibit A, attached hereto. The property encompassed by the present PUD !~outline development plan and preliminary subdivision plat approval is all of the property owned by ALC. 1.2 In April, 1974 the Pitkin County Planning and Zoning ilCommission (P and Z) recommended and the Pitkin County Com~issiona~s iiapproved the sketch plan of ALC for Phase 2 of ALC development sub- .iject to ten enumerated conditions. A copy of the P and Z resolu- i!tion is attached hereto as Exhibit B and is incorporated herein by reference. 1.3 After the sketch plan approval, ALC was advised that it must go through a Planned Unit Development approval to include the proposed Commissary use and the limited parking which would be required to meet the condition approved by the Commission- ~iers to limit auto usage within the subdivision contrary to existing ~zoning requirements. 1.4 ALC responded to the requirement that it file for Planned Unit Development by meeting the requirement of County in this respect. 1.5 On July 5, 1974 the Planning and Zoning Commission ~recommended to the Pitkin County Board of Commissioners subdivision preliminary plat approval and PUD outline development plan approval irequesting the following conditions: Staff receipt of the State Geologists approval of the site plan and the drainage plan before preliminary plat approval. A landscape plan for the site, including reloca- tion of the existing log barn, to be approved of by inspection, prior to final plat approval. This log barn does not have now, nor will it have after relocation, sewer and water connections. 1.6 The Board of County Conunissioners acting upon the irecommendation of the County Planning and Zoning Connnission and as a condition of its approval of the ALC Subdivision and Planned ~iiUnit Development requires that ALC do the things set forth in ~Section II of this agreement. II. Basic Agreement 2.1 ALC agrees to enter into a legally constituted improvement district for Brush Creek Road when and if such an improvement district is formed. 2.2 ALC agrees to dedicate to the County at Final Plat approval such public pedestrian and equestrian pathway easemants as are reasonably required by the Pitkin County Planning and Zoning Commission. ALC hereby covenants that it, its successors and ~assigns, and the condominium association of unit owners in ALC's ~hase II, shall construct and maintain such pathways at their own expense and such obligation shall run with the land. 2.3 ALC agrees to comply with the revegetation plan approved by the Soil Conservation Service and to provide for tha necessary construction precautions to ensure soil stability and protect against erosion and pollution. The estimated cost of the revegetation is $3,600.00. 2.4 ALC agrees to comply with the drainage plan for ths entire development and for the individual sites ensuring soil sta- bility and run-off management as prescribed by Wright-McLaughlin and approved by the Office of the State Geologist. The estimated cost of the compliance on the subject site is $2,000.00. 2.5 ALC agrees to the placement of a bus stop as rec- commended by the Aspen School District at an approximate cost of $1,000.00. 2.6 ALC accepts as a condition for the granting of a building permit to build the subdivision or planned units the post- ing of a surety satisfactory to the County to ensure the perform- 'ance of the obligations contained in paragraphs 2,3, 2.4 and 2.5 above. 2.7 ALC agrees to build the buildings where shown ~the fully engineered site plan submitted with the application Subdivision preliminary plat and outline development plan PUD approval. for 2.8 ALC agrees that the County shall have the option of requiring a 5% land dedication of, in addition to the pathways iset forth in paragraph 2.2 above, land lying generally underneath ~the Benedict Ski Bridge and northerly of Brush Creek Road; or, on ~the other hand, cash equivalent to 20% of theassessed valuation of all the property as described in Exhibit A. Such option shall be exercised prior to final plat approval application to the Board of County Commissioners. In the event the County elects to take i~he cash option, ALC's obligation under paragraph 2.2 remains the Same. If the cash option is elected, the monies shall be used for improvements and the like in the general service area of the sub- division. 2.9 It is understood that ALC proposes to seek to sub- divide and amend its PUD at some later time with regard to the iportion of its property lying generally westerly of Phase II as shown on the preliminary plat. It is specifically understood and accepted by ALC that the County has promised no approval or any other specific action with regard to such resubdivision and PUD ~amendment, if any, and that the County is free to act upon such future applications under then-existing and applicable legal zoning and subdivision standards. It is understood by the parties that tha inclusion of the westerly portion of the applicant's land in this PUD and subdivision application is for the purpose of complying with tbs subdivision and zoning regulations, and not for the purpose of dssig- hating that portion of the property as permanent open space. - 2 - 2.10 The conditions expressed in~e letter from P and Z to the Board dated July 5, 1974, a copy of which is attached ~hereto as Exhibit C, are expressly incorporated herein by reference. ~iNo substantial departure therefrom shall be permitted without tha i~prior approval of P and Z. 2.11 ALC shall work with the county engineer and build- ,~ing department to provide a safe intersection at Brush Creek Road. 2.12 ALC waives any claim it may now or hereafter have i:against the County arising out of the published notice for outline :!development plan approval. III. Miscellaneous 3.1 Binding Effects. This Agreement shall extend to and !ibe binding upon ALC's successors and assigns. 3.2 Section Headings. The section and paragraph head- iiings employed herein are for convenience of reference only and shall i~in no wise be construed as enlarging or proscribing the meaning of ~!any portion of this Agreement. 3.3 Notice. Any notice which either party or its agents ~!or attorneys desires to give shall be in writing and deposited wi~h <ithe United States Postal Service, certified mail, postage prepaid, ~and addressed as follows: Aspen Law Center, Inc. P.O. Box 5628, West Village Aspen, Colorado 81615 b. Pitkin County Administrator P.O. Box 4096 Aspen, Colorado 81611 The date of certification shall be the effective date of the notice. 3.4 Amendment. This Agreement may be amended in writing and such amendment shall be executed by each of the parties iibefore becoming effective. Executed at Aspen, ,~ , Dated: AsSistant Secr~ary Dated: JOh~ s~on, Deputy Clerk Colorado. ASPEN LAW' CENTER, INC. By ~resident PITKIN COUNTY, COLORADO BY ITS BOARD OF COUNTY COM-MISSIONERS EXHIBIT "A" Parcel I: A parcel of land in T~act 42, Section 1, Township 10 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence Corner 3 of said Tract 42 bears South 89°09't3'' West, 1261.03 feet; thence North 00°08'00'' East, 299.51 feet; thence North 56046'20'' East 274.59 feet; thence South 65°58'12'' East 217.18 feet; thence South 25°55'30'' East 359.53 feet; thence along the Northerly right of way line of Brush Creek County Road, South 74°59'17'' West, 121.94 feet; thence along the Northerly right of way line of Brush Creek County Road, 236.00 feet along a curve to the left having a radius of 1951.70 feet; thence along the Northerly right of way line of Brush Creek County Road, South 68o03'36'' West, 23.30 feet; thence North 70o59'00'' West, 235.74 feet, to the Point of Beginning. Parcel II: That part of Tracts 42 and 45 of Section One, Township 10 South, Range 86 West of the 6th P.M., according to the Supplemental Plat for said Township and Range approved on May 9, 1933, ~escribed as follows: Beginning at the Northwest corner of property described in Book 245 at Page 713 of the Pitkin Cou'nty Records, from whence A.P. 1 (the Northeast corner) of said Tract 42 bears North 56o19,14" East 1684.48 feet, more or less; thence South 0°08'00"West 299.51 feet; thence South 70°59'00'' East 235.74 feet, more or less, to the Northerly right of way line of County Road as described in Book 252 at Page 328; thence along said right of way line as follows: South 68003'36'' West 290.09 feet; thence continuing along said right of way line along a curve to the right having a radius of 689.26 feet (-the cord of Which bears South 75°17'44" West 173.62 feet) an arc distance of 174.29 feet to an angle point in the Boundary of property described in Book 252 at Page 626; thence ~long said Boundary North 47051,00" Wes~ 180.5 feet, North 65°28'00" West 13.78 feet; and North 89~35'00,, West 10 feet; thence North 126.87 feet; thence North 53028,55'' East 462.14 feet, more or less, to the point of beginning. EXHIBIT "A" RESOLUTION BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO No. 74-~~ WHEREAS, Aspen Law Center Inc. has applied for pre- liminary plat and subdivision approval, and outline development plan PUD approval for its Phase II condominium and law center development consisting of 24 residential units, 3 employee units, 3 faculty housing units, and commissary cafeteria and headquarters facilities, subject to certain conditions, and WHEREAS, the densities are in conformity to existing zoning, and WHEREAS, the applicant has entered into a Subdivision Improvement Agreement, a copy of which is attached hereto and incorporated herein by reference, that includes all conditions sought by the Planning and Zoning Commission, and by this Board, including as to incorporating all of its property into the application; providing pathways; providing a land or cash dedication as set forth in the subdivision regulations, and the like, ~ - At test: Nina Johnston, Deputy Clerk NOW, THEREFORE, BE IT RESOLVED that preliminary plat subdivision approval and outline development plan PUD approval be and is hereby granted, all as according to the plat on file at the office of the Pitkin County Building Inspector. BOARD OF COUNTY COM2~ISSIONERS OF PITKIN COUNTY