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RIVER RIDGE IN WOODY CREEK SUBDMSION/PUD
SUBDIVISION IMPROVEMENTS~ DEVELOPMENT AND VESTED PROPERTY
RIGHTS AGREEMENT
GREEMENT, made and entered into this~day of ~c6~ ,2007, by and
between JAMES H. COLLINS (hereinafter referred to as "Owner") and THE BOARD OF
COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin
County, Colorado (hereafter referred to as "County").
WITNESSETH
WHEREAS, Owner has submitted to the County for approval, execution and recording a
final plat of RIVER RIDGE IN WOODY CREEK SUBDIVISION/PUD (hereinafter
"Subdivision"), which plat has been filed for record in the real property records of P/tkin County,
Colorado, on the a~q~ day of fV~o,~ c~ , 2005 in Plat Book ~ at Pages ~
(hereinafter referred to as "Plat"). The Subdivision consists of three lots, to wit: Lot 1, Lot 2 and
Lot 3 (the "Lots"); and
WHEREAS, the County has fully considered the Plat and is willing to grant approval of and
execute the same upon Owner's agreement to the obligations herein, all as required by the Pitkin
County Land Use Code; and
WHEREAS, the Owner is willing to accept these obligations and to enter into this Agreement
with the County to provide for the same;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereto stipulate and agree as follows.
1. Water System. The owner of each Lot shall ennstmct its own individual water well,
water lines and fire water storage facilities and any hydrant connection thereto necessaryto serve its
lot. These requirements are not applicable to Lot 3. The construction plans for each water system
shall be approved by the Environmental Health Department prior to commencement of construction.
2. Construction of Private Roads. Owner agrees to construct the private driveway
identified on the Plat as a "30.0' Access & Utility Easement," referred to herein as the "Common
Driveway" in conformance with Pi&in County Road Standards and Specifications for a driveway
and shall have a minimum of a twenty (20) foot wide graveled surface and a minimum fourteen,(14)
foot driving width and located in the easements therefore shown on the Plat which meet ~!~lgin
County Driveway standards. Nothing herein shall prohibit said Common Driveway to have ~'p
seal or better surface at the discretion of Owner or of the owners of Lots. Until such time as
and-seal surface ~s lind and after the first residence is constructed on Lots 1 or 2, the Con~n
SILVIf~ DRVI$ pITKIN COUNTY ¢0 R ~t.ee e e.eO
Driveway shall be t~ated with a dust contmllant. The ownam of constructed residences on Lots l
and 2 shall pay for the cost of the dust suppressant applications.
2.1 In areas outside the constxucted driveway and utilities disturbed by constroction
of the Common Driveway and utilities, topsoil shall be stripped and stockpiled. Areas disturbed by
such construction shall have topsoil placed to a depth of six inches and shall be revegetated. All
such disturbed areas shall be revegetated before the construction season's winter snows. Until native
vegetation is reestablished, riprap aprons shall be created at the outlets of all culverts to avoid
localized erosion and to disperse flows. Ditch crossings shall be culverted or bridged. The costs of
constructing and graveling the Common Driveway is included on Exhibit A.
3. Electric Service. Owner agrees to install or guarantees installation of electric power
lines and transformers to provide electric service to each ofLots 1 and2. Ncwpowerlinesshallbe
underground. Power lines, transformers and thc installation of same shall conform to the
requirements and specifications provided Owner by Holy Cross Electric Association.
4. Telephone Service. Owner agrees to install or guarantees installation of distribution
cable and feeder facilities including pedestals to provide telephone service to Lots 1 and 2. New
telephone lines shall be underground. Telephone lines, pedestals and the installation of the same
shall conform to the requirements and specificatious provided Owner by Qwest Communications.
If Owner is obligated to bond for telephone service as set forth within the financial assurances
provided for in Section 14 and Exhibit A herein such bond obligation shall be deleted if the customer
service policy or service contract of Qwest Communications provide for installation of distribution
cable and feeder facilities to Lots 1 and 2 at the cost of the telephone company.
5. Gas Service. Owner agrees to install or guarantees installation of natural gas lines
to provide such service to Lots 1 and 2. New gas lines shall be underground, except certain gas
faeilifias may be required by Kinder-Morgan Energy Company to be located above ground. Gas
lines, meters, valves and pumping facilities and the installation of same shall conform to the
requirements and specifieafious provided Owner by Kinder-Morgan Energy Company.
6. Cable T.V. At the preseat time there is no cable television service to the Subdivision.
At such time as such service becomes available, each Lot owner may extend such service to its Lot
along platted utility casements.
7. Fire Protection. A pond located within the Subdivision on Lot 3 will be available to
the Fire District through the grant of an easement identified on the Plat. Each residence constructed
on Lots 1 and 2 shall have interior fire sprinklers, a security system with fire detectors and a 4000
gallon water storage tank. The owners of Lots 1 and 2 shall be responsible for construction of such
facilities as a requirement to each of their certificates of occupancy.
8. Landscaping. A landscaping plan approved by the BOCC is attached to the
Combined Detailed Submission/Final Plat Application for the Subdivision at Figure 2. The
estimated costs for such implementation are shown on Exhibit A. The landscaping plan calls for the
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$ILVIA O~VIS PITKIN COUNTY CO R 61.00 D 0.00
instailation of one-hundred trees on Lots 1 and 2. Thirty trees shall be installed on Lot 1 and seventy
trees shall be installed on LOt 2. The trees required for each lot shall be installed not later than the
date of issuance of a certificate of occupancy for each lot respectively.
9. Affordable Housing. Owner has acquired a throe (3) bedroom condominimn as a buy-
down unit. This unit has been inspected and approved by the Aspen/Pitkin County Housing
Authority ("APCHA") to satisfy the Applicant's affordable obligations. This unit will be deed
restricted as a Category Four (4) sale unit. The specific terms of the deed restriction is set forth in
a separate agreement between Owner and APCHA recorded of even date herewith.
10. Floor Area. Each of Lots 1 and 2 shall be allowed 5,750 square feet of floor area.
Additional square footage may be pursued through GMQS competition or the use of transferable
development rights ("TDRs") or any other available process under the Pitkin County Land Use Code.
The total floor area for residenens and any barns or agricoltural buildings allowed collectively on
both Lots I and 2 shall be limited to 22,500 square feet. This floor area shall be allocated between
Lots 1 & 2 either on the Final Plat or at the time of sale oftbe first of Lots 1 or 2 and memorialized
in a recorded document acceptable to the County. In no event shall the floor area contained in a
residanee on Lot 1 exened 8,250 square feet nor shall the floor area contained in a residenea on LOt
2 exceed 11,250 square feet. Floor area in excess of 8,250 square feet attributable to a residence on
Lot 1 or 11,250 square feet attributable to a residence on Lot 2 may be attributed to an agricultural
building or barn structure, and may be constmeted on either LOt I or Lot 2, provided that total floor
area for a residence and a barn or agricottural building on either LOt 1 or LOt 2 shall not exceed
15,000 square feet. For example, if Lot 2 built 11,250 square feet of floor area in a residence, it
could have up to 3,750 square feet of floor area for a barn or agricultural building. In such case, Lot
t would have a total of 7,500 square feet of floor area available (11,250 + 3,750 -- 15,000 maximum
on LOt 2, subtracted fxom 22,500 square foot maximum for beth lots = 7,500 square feet of floor area
available for all uses on Lot 1.
LOt 3 shall be allowed 5,750 square feet of growth management exempt residential floor area
by right as the fathering parcel. Additional floor area may be pursued through GMQS competition
or the use of TDR's or any other available process under the Pitkin County Land Use Code.
Additional barn floor area may be allowed pursuant to regulations in effect at the time of building
permit for such barn.
11. PlannedUnit Development Variations. The Plat identifies lot sizes, lot dimensions and
setbacks, which have been determined through the PUD review process under the provisions of the
Pitkin County Land Use Code and which may vary from the provisions of the zone dislxict
regulations applicable to the Property. In the event of any ineousisteney between such zone district
regulations and the Plat, the Plat shall be given paramount effect.
12. Nature and Estimated Cost of Improvemenm. Owner shall be responsible for
construction and iustallafion o f all public improvements required herennder. The nature, extent and
estimated cost of such improvements are set forth on the schedule attached hereto as Exhibit A and
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03/09/2005 !1:431
SILVI~ DAVIS PITKIN COUNTY CO R 61.00 D 0,00
incorporated herein by this reference. In thc event thc cost of thc contemplated improvements
exceeds those estimated on Exhibit A, Owner shall be solely responsible for the higher cost thereof.
13. Construction Schedule. The Subdivision and improvements provided for in this
Agreement may be developed and completed in phases provided, however, a building permit for
construction of a residential dwelling on a particular Lot in the Subdivision shall not be issued until
the construction by Owner or the owner of Lot I or Lot 2, 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 (,Collateral Security") described in Section 14 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 Lot I or LOt 2, as applicable, shall
submit a construction schedule indicating the estimated timing of the completion of said
improvements, either for the entire Subdivision or for a portion of the Lots in a phase.
14. Financial Assurances. Owner's performance of the obligations described on Exhibit
A 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 therefor in the
form of Collateral Security. The Collateral Security shall be documented in a manner acceptable to
the County Attorney. In order to secure Owner's performance under this Agreement, Owner hereby
restricts those LOts, the costs of the public improvements for which have not been secured as
required hereby, against conveyance or transfer and no transfer of said LOts shall be permitted or
building pctafit issued for a residence on any such Lots until such time as the Collateral Security is
provided to pitlrin County in a form acceptable to the County Attorney. The County may withhold
execution of the Plat until such Collateral Security is provided. The Collateral Security shall be
equal in value to the cost of the public improvements not yet completed which are necessary to serve
said Lot(s) described herein and in conformance with Exhibit A. Upon the acceptance of the
Collateral Security by the County Attorney, said Lot(s) may be conveyed and building permit(s)
therefore may issue.
14.1 As portions ofthe public improvements are completed, tbe 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 applicable phase of the Subdivision
are completed and approved by the County.
14.2 Owner shall perform its obligations to construct the public improvements
provided forin this Agreement in substantial compliance with the construction schedule, frOwner
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
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03/eg/20e5 11:431
SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00
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 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. NoWdthstsnding,
during the 90-daynotice 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.
14.3 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, provided,
however, if County does not with&aw said funds, nothing herein shall be deemed to require the
County to perform the obligations of Owner. The County may require a default fee as set foah in
Exhibit A to cover the Counts administrative cost of completing the improvements in the event the
Owner defaults hereunder. County shall also have remedies for a breach of this Agreement by Owner
allowable at equity or at law, including, without limitation, the revocation of permits and approvals
which have not vested, provided, however, no such revocation shall occur without the Owner or
person whos6 permits or approvals are to be revoked first having been given not less than a thirty
(30) day notice and an opportunity for a hearing with the Board of County Commi.~sinners to
determine whether or not a breach has occmred and to permit said person to cure the breach within
a reasonable time under the circumstances.
15. Bulk Sale. In the event Owner does not develop the Subdivision or market the
individual Lots, Owner may sell all the Lots in bulk in the Subdivision to a third party who shall
develop the Subdivision, or portions thereof, including the construction of the public improvements
contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon
such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations
under the terms of this Agreement and the new owner shall be subject to all the provisions hereof.
16. Execution of Final Plat. Owner's obligations to construct the improvements
contemplated hereunder are expressly contingent on the County's approving and executing the Plat
and the recordation of the same in the office of the Clerk and Recorder of Pitkln County, Colorado.
17. Vested Property Rights. The Plat and the Ordinance granting final PUD and
Subdivision approvals for the Subdivision, including the lots, building envelopes, setbacks and floor
area established thereunder 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 Subdivision and each of its LOts
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shall be vested against any changes in the Pitkin County Land Use Code, Subdivision Regulations,
PUD Regulations or Zoning Regulations, as well as the approvals granted by the BOCC for the
Subdivision, including, without limitation, the Plat and this Agreement for a period of five years
from June 23, 2004, thereby expiring on June 23, 2009. Such vesting shall apply to all the rights and
entitlements set forth in this Agreement and the Plat and other agreements and documents executed
in connection with Subdivision and consistent with Colorado Statutes.
18. Covenants Running With Land. All covenants, restrictions, condition~ 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. Captions. 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 thi~ Subdivision Improvements Agreement or the intent of any portions hereof.
20. Entire Agreement. 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 remm 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 purposes of notice, the addresses of the
parties shall, until changed as hereinafter provided, be as follows:
P1TKIN COUNTY
The Board of County Commissioners
c/o Pitkin County Manager
Pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
OWNER
JAMES H. COLLINS
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03/09/2005 ~ :431
SZLVZ~ D~VI$ PITKIN COUNTY CO ~ ~z.ee o e.ee
P.O. Box 369
Wood~ Creek, Colorado 8]656
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.
Developm?t'A~9~meI
Clerk
.~.~daOF, the parties have executed this Subdivision Improvements and
y and year first written above.
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Chairperson v ~
o~, ~c
APPROVED AS TO FORM:
By
Coun~'~Y
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507713
Page; 8 of ~2
e3/og/20es ~z :43~
61.00 D e.ee
STATE OF Colorado
) SS.
COUNTY OF Pitkin
// Subscribed and sworn to before me this ~'~day of ]~]~/l)/, 2005, by
· J~"A-~ ~./A._/A~ as Chairperson of the Pitkin'County Board of Cour~
Commissioners.
Witness my hand and official seal.
My commission expires:
.:
DEAN t ,~
,,'
;~;.;-~io~ Expi~ 12101/2005
STATE OF Colorado
COUNTY OF Pitldn
) SS.
Subscribed and sworn to before me this~JaJday of c~/~..t, ,2005, by James H.
Collins
Witness my hand and official seal
My commission expires:
Notary Publ'ic
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SILVI~ DRVI$ PITKIN COUNTY CO R I~! 00 O 0 00 '
EXHIBIT A TO SUBDIVISION IMPROVEMENTS AGREEMENT
Estimates of Costs for Improvements:
1. Landscaping - Trees
Per West Canyon Tree Farm
proposal attached at Exhibit A-1
$4,100.00
2. Gravel and Grading Driveways
Per estimate attached
at Exhibit A-2
$2,675.00
Total: $6,775.00
q
Tzext Canyon Tree Farm, Inc.
G!enwood Springs, CO 81601
(~7~ 9~4-2.c132 fax (PTO) 984 26.~9
WESTCANYON
/¢/'
PAGE 82
BIDNo. 03017-JCla '"
Landscape.Proposal
Jim Collins ~Date 3/12/2003
P.O, Box 3e9 (201 River Ridge Road) lO.or No, 03017-JCla
Woody Creek Sta~te CO Zig' 81658 [Rep BW
ph. (970) 923-3190 fax. (970) 923-3191 L$1te ,,Wo~,~y Creek
r ~,~ Description Unit Price TOTAL
PROPOSAL 03017JCla
COTTONI;VOO D TREER:
TREES Bt DELIVERY:
100 ~.0' ht./~ .25" cai. cont, Narrc~vleaf Cottonwood $41,00 $4,100.00
nOte: above includes trees & deli¢ery
Note Quote only ,lnclud~ above Items
' Quote d°es notlnclude taxes
SubTotal , ',
~ Shipping & Ha[~dli~g;''r $0,00,
Taxes ' ' :.'
' '~'~. . $0.00
.,~TOTAL' ~'~' ': $4,100.00
Con~nent~: Estimate bnclude~ one year warrantee on ~aH~. ~'~e va~ ' ' -
f~ 6 ~n~& ~e doer ,nOt ~dndt ~n~n~d~r~h ~Val ~d
d~sal o~ ~ our ~n. ~, do~ not ~d~de fmat ~ng ~d
~ro~M~g pr~ ~a~agg, Gr~e ~ be r~ +- one ~. ~e ~
re~ubedfor~n~c~a~n. ~jobrea~n~re~ubedfor
~f there a~e any question# or commenty, plea.*e feel.~'ee to cai! .
SILVIA DAVIS PITKZN COUNT? O0 R Sl.Oe O o.ee
Exhibit A-2 to Subdivision Improvements A~reement
Estimate of Costs to Grade and Gravel Driveways
This estimate has been prepared by James H. Collins, the Owner. Mr. Collins has obtained unit
costs from various subcontractors and affirms that the following estimate sets forth amounts
which are sufficient to complete the work.
Gravel: Length of road areas: 20' x 800' x 4" = 5,280 cu. ft.
196 cu. yds. ~ $6.00/cu.yd. =
$1,175.00
track time: 15 hours ~$60.00/hr.
Grading time: 4-hours ~ $150.00/hr.
$ 900.00
$ 600.00
Total: $2,675.00
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