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HomeMy WebLinkAboutbocc.con.080.2005 CONTRACT W/J RANCH PUD SUBDIVISION IMPROVEMENTS AGREEMENT FILING 3 THIS AGREEMENT is made and entered into this 31st day of May ,2005, by and between Lowe W/J, LLC a Colorado limited liability company (hereinafter referred to as the "Owner") and the Board of County Commissioners of Pitkin County, Colorado (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the Owner owns certain real property legally described in Exhibit A attached hereto and incorporated by this reference on which the Owner has received general submission, detailed and final plat approval from the Planning and Zoning Commission and the Board of County Commissioners of Pitkin County to build a housing project known as the W/J Ranch PUD ("the Project"); and WHEREAS, the Owner has submitted to the County for approval, execution and recording in the real property records of the Clerk and Recorder of Pitkin County, Colorado, a final plat for the project proposed to be owned and developed by the Owner and located on the Owner's property described on Exhibit A attached hereto, located off of McLain Flats Rd., in Pitkin County, as described herein; and WHEREAS, the County has fully considered the final plat of the Project and has agreed to grant approval of and execute the same based on the Owner's agreement to be bound by the obligations and agreements contained herein; and WHEREAS, the Owner is willing to accept and be bound by the obligations and agreements contained herein; NOW THEREFORE, in consideration of the mutual promises and obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: new roads. Description of the Project. The Project consists of new utility infrastructure and 2. Construction Schedule. The County and the Owner mutually acknowledge that an exact construction schedule cannot be determined at this time. However, construction of the Project will begin approximately 1 May 2005 and is anticipated to be completed by 1 October 2005, and in no event shall construction be completed later than 15 October 2006, and if not SILVIR DAVIS PITKIN COUNTY CO R 0.00 513135 Page: 1 of 6 08/03/2005 02:05F D e.ee W/J RANCH PUD SUBDIVISION IMPROVEMENTS AGREEMENT Page 2 completed by such date, the County shall have the right to complete the improvements guaranteed as provided herein. 3. Final Plat. The County acknowledges that the final plat for the Project submitted herewith, a copy of which is attached as Exhibit B, conform to the requirements of the Pitkin County Land Use Code. The County approves and accepts such plat for recording in the real estate records of the Pitkin County Clerk and Recorder's Office. The Owner's obligations to construct the improvements contemplated hereunder are expressly contingent upon the approval, execution and recording of the final plats. 4. Site Improvements. The Owner agrees to construct the following site improvements in Filing 3 in relation to its construction of the Project: A. Road Improvements. The owner agrees to construct the roads within the project in accordance with the plans and profiles approved at Detailed Submission. B. Domestic Water System. The owner agrees to construct the waterline, tanks, and pumping system within the project in accordance with the plans and profiles approved at Detailed Submission. C. Septic System Improvements (Developer's Share of Obligation). The owner agrees to relocate the existing ISDS leach fields located on Lots 10 and 11 of Filing 3. D. Shallow Utilities. The owner agrees to construct shallow utilities, including underground electric, cable, and telephone services, within the project in accordance with the plans approved at Detailed Submission. 5. Estimated Cost of Improvements. The Owner shall be responsible for construction and installation of all improvements required hereunder. The nature and extent of such improvements are described herein. In the event that the cost of the contemplated improvements exceeds those estimated herein, the owner shall be solely responsible for the higher cost thereof. 6. Financial Assurances. The Owner shall not transfer or sell any lots in Filing 5, W/J Ranch P.U.D. until completion of all of the improvements described in Paragraph 4, above. 7. Additional Agreements and Commitments. The following agreements and commitments shall be granted by the owner as part of the approval process for the project. No further development of the parcel shall be allowed without full review pursuant to the COunty Land Use Code. Page: 2 of' 08/03/2005 W/J RANCH PUD SUBDIVISION IMPROVEMENTS AGREEMENT Page 3 8. Notice. Notice to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States mail to the parties registered or certified mail at the addresses indicated below or at such other address as may be substituted upon written notice by the parties or their successors or assigns: To Pitkin County: John M. Ely, Esq. County Attorney Courthouse Plaza Building 506 E. Main Street Aspen, CO 81611 To Owner: Lowe W/J, LLC. PO Box 12393 Aspen, CO 81612 Copy to: Stan Clauson Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 Rhonda J. Bazil Rhonda J. Bazil, P.C. 632 E. Hopkins Ave. Aspen, CO 81611 9. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Land Use Code of Pitkin County, Colorado. 10. Severabilitv. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section is declared invalid, such invalidity shall not affect the validity of the remainder of the Agreement and the validity of any such provision, paragraph, sentence, clause, phrase, word or section under any other circumstances shall not be affected thereby. 1 I. Binding Clause. All provisions, covenants, restrictions and obligations contained herein shall run with and constitute a burden upon the title to the subject property and shall be binding upon and shall inure to the benefit of the Owner and the County and their respective heirs, personal representatives, successors and assigns. 12. Entire Agreement; Amendment. This Agreement contains the entire understanding and agreement between the parties herein with respect to the transactions 513135 Page: 3 o{' 6 08/03/2005 02:05F D 0.00 W/J RANCH PUD SUBDIVISION IMPROVEMENTS AGREEMENT Page 4 contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. APPROVED AS TO FORM: ~nty Attorney LOWE W/J, LLC )liability company /James M. ~{Fran)ia President, Lgwe Enterprises Community x,,.~velop_.~0~t, Inc., Managing Member ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairperson 0.00 513135 Page: 4 of 6 08/03/2005 02:05; D 0.00 EXHIBIT "A" A parcel of land in Sections 21 and 22, T9S, R85W of the 6th P.M., County of Pitkin, State of Colorado as certified 3 June 2004 by LS 19598 said real property all being in Section 22 and more particularly described as follows: Beginning at the southwest comer Lot 2 Block 2 as depicted in said Plat Book 38 at Page 45 and from whence the W1/4 of said Section 22 bears N61 °44'40"W a distance of 686.30 feet with all bearings being relative to N00°59'15"W on the line between found monuments for said W 1/4 comer Section 22 and the northwest comer of said Section 22; thence the following five (5) courses along the west line of said Filing 3-W/J Ranch Homes, N08°14'08"W a distance of 141.70 feet; thence N12°24'44"W a distance of 198.20 feet; thence N04°56'59"E a distance of 211.49 feet; thence S89°50'50"W a distance of 7.33 feet; thence N00°0T11 "E a distance of 440.22 feet to the northwest comer of Lot 8, Block 1 as depicted in said Plat Book 39 at Page 20; thence the following two (2) courses along said north line, S89°59'23"E a distance of 59.47 feet; thence N88°15'37"E a distance of 65.28 feet; thence S 14°24'16"E along the east line of said Lot 8 Block 1 a distance of 167.02 feet; thence S44°06'30"E a distance of 7. I0 feet; thence S89°37'14"E a distance of 63.29 feet; thence S00°22'46"W a distance of 30.00 feet; thence N89°37'14"W a distance of 4.38 feet; thence 32.99 feet along the arc ora curve to the left having a radius of 21.00 feet, a central angle of 90000'00'' and subtending a chord beating S45°22'46"W a distance of 29.70 feet; thence S00°22'46"W a distance of 172.83 feet; thence 56.54 feet along the arc of a curve to the right having a radius of 115.00 feet, a central angle of 28°10'17" and subtending a chord beating S14°27'54"W a distance of 55.98 feet; thence S28°33'03"W a distance of 5.30 feet; thence 143.86 feet along the arc of a curve to the left having a radius of 435.00 feet, a central angle of 18o56'54'' and subtending a chord beating S19°04'36"W a distance of 143.21 feet; thence S09°36'08"W a distance of 21.21 feet; thence 35.62 feet along the arc ora curve to the left, having a radius of 21.00 feet a central angle of97°11'50" and subtending a chord bearing S38°59'47"E a distance of 31.50 feet; thence S87°35'42"E a distance of 63.22 feet; thence 150.23 feet along the arc ora curve to the right having a radius of 131.66 feet, a central angle of 65°22'36" and subtending a chord beating S54°54'24"E a distance of 142.21 feet; thence S22° 13'05"E a distance of 96.54 feet; thence 21.03 feet along the arc ora curve to the left having a radius of 85.00 feet, a central angle of 14°10'34'' and subtending a chord beating S29°18'22"E a distance of 20.98 feet; thence 139.92 feet along the arc of a compound curve to the left having a radius of 420.53 feet, a central angle of 19°03'49" and subtending a chord bearing S45 °55'34"E a distance of 139.28 feet; thence 75.48 feet along the arc ora compound curve to the left having a radius of 57.00 feet, a central angle of 75°52'05" and subtending a chord bearing N86°38'19"E a distance of 70.08 feet; thence N48°46'58"E a distance of 215.32 feet; thence N55°10'53"E a distance of 63.54 feet; thence S34°49'07"E a distance of 30.63 feet to a point on the northwest line of Parcel 2 as described in Book 203 at Page 151; thence S48°42'29"W along said northwesterly line a distance of411.29 feet; thence S1 t °32'55"W a distance of 71.40 feet to a point on the south line of said First Amended Plat Block 2, Filing 3 W/J Ranch Homes; thence the following five (5) courses along said south line, S81 °00'04"W a distance of 99.47 feet; thence S 14°24'31 "E a distance of 31.38 feet; thence N66° 18'41 "W a distance of 198.63 feet; thence N45°09'02"W a distance of 84.56 feet; thence N73 °56'14"W a distance of 85.22 feet to the point of beginning, said parcel contains 6.871 acres more or less; have by these presents laid out, Page: 5 08/03/2005 SILVIA DAVIS PITKIN COUNTY CO R 0.0~ D EXHIBIT "A" - Page 2 platted and subdivided the same into lots and blocks as shown on this plat under the name and style; plat of the Second Amendment to the Fully Developed Subdivision Exemption Plat of Blocks 1 and 2, Filing 3, W/J Ranch Homes, a Planned Community, and do hereby dedicate to the public all rights-of-way and easements shown hereon for public use.