HomeMy WebLinkAboutbocc.min.spec.05082000(1) PITKIN COUNTY COMMISSIONERS
WORK SESSION AGENDA
MONDAY,MAY 8, 2000
4:00 PM SPECIAL MEETING in Plaza 1 Board Room
North 40 Water Tap Fee, John Ely
5:30 PM Joint P&Z/BOCC ls`Reading Fair Share Requirements Legislation
9:00 PM ADJOURN
APPROVED JUNE 289 2000
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
MAY 08, 2000
CALL TO ORDER: Vice-Chairperson Mick Ireland called the special meeting together
at 4:10 PM.
COMMISSION MEMBERS PRESENT: Commissioners Mick Ireland, Leslie Lamont
and Patti Clapper
COMMISSION MEMBERS ABSENT: Commissioner Shellie Roy Harper had recused
herself as she now owns a lot in North 40. Commissioner Dorothea Farris is recuperating
from a broken arm.
NORTH FORTY TAP FEE CHARGES—NO MOTION NEEDED
County Attorney, John Ely, brought everyone up to speed on this issue. Matthew Neal,
who came to one of the Board's regular meetings last week, brought this to the Board's
attention on a complaint. Mr. Neal is the buyer of Lot 53, Block 3 of the North Forty
Subdivision. At the conclusion of that meeting, Mr. Neal described the situation to
several of the commission members.
Documents handed out by Mr. Ely for today's meeting include partial minutes from
North Forty meetings with the Board in 1998 regarding tap fees, a copy of the approval
resolution#98-99, a copy of a form contract used for the majority of the closings that
have taken place at the North Forty and a March 6, 2000, hand written letter from John
McBride to Commissioner Ireland. Said documents are attached hereto and made a part
of this record as EXHIBIT "A".
That contract shows how the purchase price is broken down. The purchase price is
shown for the land plus additional charges of which is included the sum, in particular of
this Neal contract, which is for $8551.00. That amount, according to Mr. Ely, is
somewhat awkwardly described as the amount deposited by seller to secure the water and
sewer tape fees assessed against buyer's lot. The representations to Mr. Ely were that at
the time of execution of the contracts for the various lots and at the time of closing it was
explained to the various buyers that they would be paying for 100% of the water tap fees
BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MAY 08,2000
that were going to have to be paid in conjunction with the development of the individual
lots.
Mr. Ely referred to Paragraph 61. of the attached resolution that reflects what the Board
accomplished with its requirement that the developer of North Forty shall do in
conjunction with the approval of the subdivision that shall post security at the time of
final plat recordation in the amount of 50% of the tap fees for water and sewer to be used
at the time of fee payment for water and sewer installations for each lot. At the time of
recordation of the plat, Bidgle, Inc. furnished an amount of money in excess of
$400,000.00 that is held in an escrow account at Community Bank for that purpose.
Mr. Ely spoke to Mr. Neal's attorney, Willie Jordan, and to John McBride and Jamie
Knowlton of North Forty. Mr. Neal's complaint was that he was being charged 100% of
the fees to be assessed to his particular property from the City of Aspen Water
Department for tap fees. He believed that was in opposition to the approval given by the
Board for the North Forty project. Discussions have been ongoing that Mr. Ely thinks
have continued through the weekend between Mr. McBride and Mr. Jordan.
Mr. Ely relayed to the Board that in conversations with Mr. McBride, Mr. McBride
pointed out that if you take the aggregate total of the purchase price of the actual lot and
add in the various fees, which are reflected on the form contract, including the $8551.00,
that Bidgle, Inc. is still underneath the overall cap required by that particular paragraph of
the BOCC resolution.
Mr. McBride, responding to Commissioner Lamont, said the average of the 36 lots is
$132,541.00. The average of all the lots, he continued, is $127,692.00.
Mr. McBride wanted to speak to the Board at this time because he didn't feel there was a
need for this meeting. He said he is the one who called for this meeting to explain the
situation to the Board. And, he is the one who asked for it to be called off because he
thought that if there were a misunderstanding he'd work it out with the lot owners.
When he got his detailed approval, the Board imposed some 17 conditions on him. One
was that he post security for %2 of the utility fees. He then made the mistake that a utility
tap fee has nothing to do with a lot price. That, he continued, belongs with the house. He
believes the tap fee belongs with the house because it varies with the particular nature of
the house. He told Jamie Knowlton to separate that out and to not put it in the lot price.
He takes blame for the way that was done. The combination of the $132,541.00 plus the
$8,000.00 tap fee is money he had to advance is still about $10,000.00 under the other
cap. However, he has done some forty closings and would like to finish the rest in the
next few weeks.
The first he heard of this was last week when Matthew Neal and Willie Jordan brought it
up. Mr. McBride thought Mr. Knowlton had explained this and that it was clear in the
contract. This weekend he decided that if there was a lot of confusion he would deal with
BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MAY 08,2000
it individually. He said he will "bite it". He'll just "eat it". And, that's that, he
concluded.
Commissioner Lamont asked "meaning"?
Mr. McBride responded by saying he just blew$520,000.00 that he thought he was
entitled to. He didn't think you could put a variable in the lot cost because no one knows
what the tap fee is going to be. He presumes that what the Board thought he was going to
do. He does not want to confuse these buyers. He said they have too much faith in him
and the project and he doesn't want to get into a battle with them.
He said he would settle this with the buyers directly, whether he pays them back or if
they decide to leave it in escrow for future payment or whatever.
Mr. Knowlton informed the Board that he had spoken to Phil Overyender of the Water
Board to try and establish a system by which he could arrive at ''/z of a fee. He said sewer
is easy, it's a flat fee. But water is based on ECU. It's $8,050.00 per ECU depending on .
the fixtures. On the non-restrictive lots he will estimate the tap fees at 3 bedroom, 2 bath.
He came up with six thousand something.
His question to the Board was "can `Bidgle, Inc." still pay but be responsible for that ''/z,
based upon an estimated ECU rather than being subject to people who want to build 4
bedrooms and 3 baths? Is `Bidgle, Inc.," still responsible for their need to have more
fixtures that what he agreed would be a"normal" house based upon 2200 square feet?"
He said he hammered an agreement out with the Water Department. The easiest way for
the Water Department and for Bidgle, Inc. was to set up a way to fix the fee at I ECU and
/2. He asked the Board if that was sufficient under their agreement as far as arriving at as
far as % the tap fees?
Mr. McBride clarified Mr. Knowlton's question for the Board. He said since they are
agreeing to care of this problem, could the Board agree that the amount they put up in
escrow wouldn't exceed that amount? Otherwise, he said half-jokingly, he's going to
approve houses that only have one sink and one toilet.
Commissioner Lamont said she is open to thinking about his request in light of 2 things.
One, she agrees with Commissioner Clapper that it is a water conservation issue. And
two, in light of what the County could have gotten into but for John Ely's vision of
moving forward. She would like to discuss this further with the Board. And, she
announced that Chairperson Shellie Roy Harper could no longer be a part of these
discussions, as she now owns a lot in North Forty.
County Manager, Suzanne Konchan, clarified Mr. Knowlton's proposal. She said the
proposal is to set a cap, so to speak, of the splitting of the water tap fee in a 3 bedroom, 2-
bath house. Is there any need to be more specific with outside host beds or anything else,
she asked Mr. Knowlton?
BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MAY 08,2000
Mr. Knowlton said the 3 bedroom, 2-bath nomenclature that he's been using is going
through and it included a garbage disposal. It did not include a hot tub or a third
bathroom. Since he already figured out what the ECU count is for a 3 bedroom, 2 bath
with normal fixtures --
Ms. Konchan interrupted to ask if Mr. Knowlton would put this request in writing?
He said he would be glad to do that. He would just give her a copy of the water contract
where it is all outlined.
That way, Commissioner Lamont said,they can discuss it soon so people will know how
to plan for their homes. And, at a regular Board meeting, they could make it an official
amendment to the resolution of approval.
Vice-Chairperson Ireland opened the hearing to public comment.
Willie Jordan, attorney for Matthew Neal, said he was hesitant to say anything because
John McBride has handled this thing so honorably. That having been said, he added that
the water service agreement was part of the approval and specifically says '/2 and it
specifically says the owners pay the other '/2. He's speaking solely for the Neals, but if
these buyers don't know the dollars, they don't know how to respond to it either. He
thinks the buyers need to understand dollars before they too can respond.
Mr. Knowlton said that dollar amount is set forth as $8,551.00 is the $6,000.00 plus the
water and sewer tap fee. That $6,000.00 plus water tap fee is the dollar figure to an ECU
and '/2 roughly, which is based on 3 bedrooms and 2 baths.
Chris Ryans said he and his wife feel fortunate to be part of this project although he
thinks the tap fees are pretty extreme. He questioned all the costs that are involved that
are specific to ordinances. He said the owners are responsible for putting in fire sprinkler
systems. Between tap fees and sprinkler systems, he said, you're talking anywhere from
$25,000 to $30,000. He also spoke of other things from the Homeowner's Association
such as bus passes, cost of bikes, and a van, to name a few. He also didn't understand the
van. He wants to know if there will be any relief on any of these issues he's mentioned.
Commissioner Lamont responded by saying tap fees are imposed by the Sanitation
District. Water fees are the City. Her understanding concerning the sprinkler systems is
that the fire district was concerned with the narrowness of the streets and house
proximity.
Keith Howey, another buyer of a North Forty lot, echos Mr. Ryan's concerns. He
commends John McBride for going forward with this project. He said the sprinkler
systems should run about $5000 to $12,000 per house. He asked if there were any other
options in place for a sprinkler system to cut down on costs?
BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING MAY 08,2000
After a short discussion, Commissioner Lamont suggested that the Board could ask the
Aspen Fire District to meet with the commissioners for the purpose of discussion on other
alternatives.
Greg Weisner, a lot owner at North Forty, asked for a clarification of Mr. Knowlton's
proposal.
Mr. Knowlton restated his original proposal. He asked the commissioners to clarify for
him that if Bidgle is going to pay the tap fees, then Bidgle would like to be limited to '/2
the tap fees based on a 3 bedroom, 2 bath house, which is estimated at 1.70 cu. If a lot
owner wants to build a 4 bedroom, 3 bath with a hot tub then whatever extra cost you
incur would be yours.
Mr. Ely gave additional clarification. Before Mr. Knowlton got into his request for
clarification from the Board, Mr. McBride stated that the additional money that was
charged was going to be rebated back to the purchasers or held in an escrow account
depending upon what the purchasers want.
Mr. McBride explained to Mr. Weisner that had he known that this confusion was going
to evolve, he would have just put that cost into the lot and it would have been resolved.
In a way, he told Mr. Weisner, you'll get a windfall.
Mr. McBride said the bottom line is the amount that he put up for escrow now becomes a
payment to you. "But", he said, "that's it". In four years he doesn't want these people
coming back to him saying you owe us money cause our tap fee was a little higher.
Commissioner Clapper wants to revisit the fire sprinkler systems. She asked the lot
owners to offer the Board some alternatives. She also mentioned that there are now 2
down valley fire satellites with housing on-site which should increase their responses
time.
Several homeowners questioned the need and expense for the Homeowner's Association
to get a van.
Discussions ensued and Commissioner Lamont told them, that if they find there is no
need for the van they could come back and talk to the Board about it.
Commissioner Lamont reminded everyone that the Board would be revisiting Mr.
Knowlton's proposal and the alternatives to the fire sprinkler systems per the Aspen Fire
District.
Commissioner Ireland said he understands that people who have paid the entire tap fee
will have some sort of refunds coming.
Mr. McBride said nobody has paid the entire tap fee. He has only put up an escrow
amount and the homeowners have reimbursed him. As long as they are confused, he
BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING MAY 08,2000
continued, he'll just pay that. And when they come in for a building permit they will
have to pay the balance.
Commissioner Lamont stated that there are people who have paid that fee at closing.
Mr. McBride said all of them have, all of those who signed a contract and paid a fee.
Commissioner Lamont asked Mr. McBride to be a little clearer on what he is planning to
do for the people who have already paid.
Mr. McBride responded by saying "well, that money, we'll probably, depending on what
they want and the Homeowner's Association want, we'll put it in escrow or return it to
them, whatever's best".
Frederica Alderfer asked what about the people who haven't closed on the tap fee?
Mr. McBride answered her by saying, "well, we'll work that out with you because you
signed a contract to do that and I'll let that--leave that up to my able attorney here who's
the reason we're in this room. We'll work it out."
Mr. Knowlton said what we'll do is collect them because that's the way it's worded. But
all that money we'll put into an escrow.
Mr. Ely thought Mr. McBride said he was going to either leave the option open to the lot
purchasers or future purchasers to either have the money returned to them or put it into an
escrow, whichever they want.
Mr. Knowlton answered, yes.
Mr. Ely asked, "so, there wouldn't be any difference between the lots that have already
closed versus the lots that haven't closed yet"?
Mr. Knowlton responded by saying "no, but -- my problem is I've got all the closings.
They're all going to close probably next week and they're all set. The contract is that
way. I don't want to -- this meeting is pretty clear. You get the money back".
Mr. McBride added, "if you don't, we'll probably have to have another meeting".
Mr. Ely informed the Board that a motion from the Board at this time was not
required and the representations made by Mr. McBride are on record.
Mr. Knowlton questioned the Board by asking, "and you'll let us know what-- if the
amount we paid is going to be deemed half'?
Commissioner Lamont said right, right. And, she continued, "we'll let you know
when we have set up that meeting with the fire district."
BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING MAY 08,2000
ADJOURNMENT:
The meeting adjourned at 4:55 PM.
BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING MAY 08,2000
Respectfully submitted,
aynle'e R. Dean
Clerk to the Board of County Commissioners
41
Mick Ireland
Vice-Chairperson of the Board of County Commissioners
wwg/minutes/2000/05082000
BOARD OF COUNTY COMMISSIONERS 8 SPECIAL MEETING MAY 08,2000
Exhibit
i,
Attached.as EXHIBIT"D" is a letter from the attorneys for Colorado Mountain College (hereinafter
referred to as CMC) addressing parking fees and the annual review of the special review permit. And,
applicant's response to the Trigger Point for Additional Traffic Calming for North Forty Development
is attached as EXHIBIT"E".
Mr. Baker, representing the applicant, began by going over the eight(8)point list of Provisions of
Affordability that were raised at the April 02, 1998 meeting. A copy of said list of Provisions is attached
hereto and made a part of this record as EXHIBIT "F". He said points one through four were of no
concern to them. They have had discussions about point five concerning the extraordinary cost condition.
The applicant believes that if the project gets to be so expensive that point five has to come into play, then
it is not a good project. They are therefore suggesting that it be deleted. Mr. Baker next spoke of point
number six. He said this is not a point they wish to discuss right now. They think CPIU may not reflect
accurately what costs they'll be doing. They would be willing to let this one slide at the moment and live
with it now. Point number seven had been talked about at the last meeting and it was agreed that it could
be brought back for discussion. The twelve lots at$75,000 is fine. What they are concerned about is the
$250,000 cap on whoever builds that,their initial resale price will start at$250,000. They asked various
contractors in the valley to give them opinions. Mr. Baker said most of them are coming up with
numbers closer to $175 and even $150 per square foot.
The hearing was open for public comment.
A discussion began over what has been built locally and the costs per square foot. Several local
contractors and/or builders gave various examples of structures they have done themselves and at what
cost.
After hearing this discussion, Commissioner Harper was saddened to say she no longer feels this project
is affordable. She suggested a$330,000 cap which would be a 1500 square foot house at$150 per square
foot plus the $75,000 for the lot and$20,000 for the tap fee.
Commissioner Ireland said he would be willing to change the cap to $275,000 to reflect tap fees. He
thinks there would be many contractors and/or others in the construction industry who could be found
who would buy a lot for$75,000 and make it work for under$275,000. Even so, he said, $275,000 is an
expensive house for a working person.
Regarding Item Number seven (7),Commissioner Ireland moved that the Board approve,as a
provision of affordability,that the twelve(12)lots will be$75,000 or less,that there will be an
absolute resale cap of$275,000(which includes the price of the lot) or the cost of construction,
whichever is less,and further that all lots in the project will be offered to purchasers and
purchasers will be informed that they have the ability to buy the lot and build themselves with the
contractor of their choice,which,of course,includes the applicant. Commissioner Lamont
seconded the motion.
Commissioner Ireland and Commissioner Lamont were in agreement that there are people who would be
thrilled to be able to build their own homes and were not that concerned with the resale cap.
David Schoenberger said he doesn't think the Board should decide the size of the homes. He feels it
should be expanded so that people can build as much as they can. He was in great support of the twelve
(12)lots at$75,000. He thinks this is an excellent example of entry level new construction RO which is
BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING APRIL 16, 1998
s
er
what the Housing Board and Leadership Aspen are focusing on doing right now. If the homes were
allowed to be bigger, he feels people would try and keep their square footage costs down.
Doug Smith asked where the $20,000 tap fee comes into the analysis on Commissioner Ireland's motion?
He was told by Chairperson Farris that it would be part of the $275,000.
Mr. Smith then clarified with the Board that the construction costs really would be about $120 per square
foot.
Mr. McBride then offered the Board another suggestion. If a single person builds a house at this project
with a 600 square foot basement and a 600 square foot floor and a second floor and a roof with no garage
and it is around$120/$150 per square foot there's the cap right there. In time they may start a family and
want to add on and then remember there's a cap on this. If they do this addition, they will increase their
value on the house and may then decide it would be easier to sell out and move down valley. He asked if
the Board could give that person the right to come back to the Board and ask for an exception based on
the plans he submits to the Board when he wants to add on. He said to go ahead and put the cap on
whatever is fair and right so you can get the small house you want, but don't deny him that opportunity
and force him to do that.
Commissioner Lamont said everyone has the right to come back to the Board and ask for a review of
their individual plans or approval that's been given. She doesn't feel they are placing any limitation on
what those parcels allow from a floor area perspective. She recognizes that some people will not make
that choice because they won't get there money back but the Board is not limiting people's expansion
capabilities from a size perspective regarding floor area.
Mr. Baker added that there is already 10% in there for capital improvements, which would be $27,500 on
something like this, so there is some flexibility.
Mike Rosenbaum said if the object is to keep people at this end of the valley and cut back on traffic, then
he would like to see the larger end homes.
Mr. Hernandez said by the time these homes will be built, construction costs will be higher than they are
today, based on the rising costs over the last number of years. If the Board thinks the cap is the best way
to resolve this particular issue, then he thinks they should consider the timing of the construction and
rising costs he spoke about.
Frank Peters, member of the Housing Board,was shocked about the $20,000 tap fee being absorbed. He
said since the Housing Board saw this,the average price of these lots has gone up 80%, With the tap
fees, as of this meeting,the $75,000 lots have gone up 26% and the $150,000 average lots have gone up
another 13%. The entire project has gone up 96% in costs to the buyers since the Housing Board first
saw this.
Chairperson Farris said they have succeeded in coming to agreement on caps on the costs of the lots,
twelve (12) of them at$75,000 and others an average of $150,000, no more than $175,000. She thinks
the person who will want to live on these sites is going to be restricted by his own income and what he is
able to borrow from a bank and be able to spend on this and that will limit his ability to spend.
BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING APRIL 16, 1998
Exhibit
RUr o F
Commissioner Harper apologized that she did not know at the time of approval, by P&Z, for the entire
infrastructure completion on North Forty that it did not include tap fees. Later she found she was
imposing those tap fees on the lot holders. Even though some people may find the tap fee incidental, she
felt by splitting the fee she could reduce the cost of the lots to where she finds them closer to her
acceptable price for RO housing. She wanted,therefore,to make the following motion.
Commissioner Harper moved to split the difference of the cost of the tap fee. The developer would
pay half of it and the purchaser would pay the other half. Commissioner Ireland seconded the
motion.
Chairperson Farris called the question. Motion passed unanimously.
Frank Peters was "thrilled"at the difference in the project approved today and the project the Board was
going to approve at the last meeting on April 16, 1998.
Weems Westfeldt, local resident, voiced his support of this project to the Board.
Kurt Carpenter reminded everyone that it was suggested at a couple of meetings ago there was a chance
that some of the costs to the Homeowners Association for the North Forty could share costs with the
other residential Airport Business Center Homeowners Associations.
Mr. Baker said yes the North Forty Homeowners Association could be a larger entity to include the
adjacent residential area. No Association would be forced said Mr. Baker, but if they make the request to
the North Forty Homeowners Association and they agree, they would be invited in. North Forty does not
have control on that decision to come in, the other Associations have the control to stay out.
Commissioner Harper then spoke about the pedestrian walk in the front. She said she doesn't think it will
work. She is concerned for the Homeowners that there is a flaw in how the theory is laid out.
The response Commissioner Harper was given was easements would be made on the pedestrian walking
streets large enough so they could accommodate cars at a later date.
Dave Powell, project engineer, said the walking street will be constructed to standards identical to road
standards.
Chairperson Farris was ready to entertain a motion of approval on the resolution when Ms. Houben
suggested that the accompanying ordinance will be up for second reading at the next meeting. She would
like the resolution and ordinance to parallel their approvals and informed the Board that the resolution
needs to go to third reading in order to show the new conditions.
Mr. Baker wanted to make a few comments to the Board. He said they are happy to be able to move
forward, but he said Mr. McBride has been criticized for the numbers of$150,000 and $175,000 which
were never indicated as being prices, they're indicated as being caps. That's why they are struggling with
the higher caps. In today's meeting, for instance,within a thirteen (13)second time period,
Commissioner Harper moved for a motion and Commissioner Ireland seconded it and $720,000 was
added to Mr. McBride's cost for the project. Those are the instances that cause the applicant to be wary
of what he agrees to and what he doesn't. He is offering this to the Board, not as a criticism, but to offer
BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING APRIL 29, 1998
Exhibit
,.sr'—p-R coo
D
Commissioner Lamont began a discussion based on what was asked and if rezoning was necessary.
Thoughts were exchanged on the possibility of amending the code to accommodate this request.
Ms. Wagner continued to remind the Board that the town of Redstone is a"Mix". There is residential
next to commercial throughout the town
Jill Hippsley, who lives and has a business in Redstone, said if she bought this property today she could
put in a tee-shirt shop or bar on the part that is village commercial. She questioned what not permitting
the rezoning would be preventing.
Chairperson Farris closed the public hearing and brought the matter back to the Board.
Chairperson Farris moved to approve the Wagner Rezoning, SUBJECT TO THE CONDITIONS
IN THE ORDINANCE,and set second reading and continued public hearing to June 10, 1998.
Commissioner Harper seconded the motion. Motion passed three to one. (Chairperson Farris,
Commissioner Tuite and Commissioner Harper voted aye. Commissioner Lamont voted nay.)
THIRD READING AND PUBLIC HEARING ON RESOLUTION GRANTING
APPROVAL OF DETAILED SUBMISSION FOR THE NORTH FORTY PUD
SUBDIVISION, REZONING, SCENIC FOREGROUND OVERLAY, DEVELOPMENT
IN AREA AROUND KEY FACILITIES, 1041 HAZARD REVIEW,AND GMQS
EXEMPTION & SPECIAL REVIEW FOR A NEW COLORADO MOUNTAIN
COLLEGE CAMPUS - MOTION TO APPROVE, AS AMENDED - Cindy Houben - Director
of Community Development; Bidgle LLC (formerly John McBride)- Applicant; James Knowlton and
Tom Baker-Applicant's Representatives; Bud Eylar- County Engineer
AND
THIRD READING AND PUBLIC HEARING ON ORDINANCE GRANTING
APPROVAL OF REZONING FROM AFR-10 TO AH2/PUD FOR THE NORTH FORTY
PROPERTY,AND AMENDING THE OFFICIAL COUNTY ZONING MAPS
ACCORDINGLY- MOTION TO APPROVE -Cindy Houben - Director of Community
Development; Bidgle LLC (formerly John McBride)- Applicant; James Knowlton and Tom Baker-
Applicant's Representatives; Bud Eylar- County Engineer
Ms. Houben began her presentation as outlined in her Memorandum to the Board. Said Memorandum is
attached hereto and made a part of this record as EXHIBIT "L".
Ms. Houben asked for clarification on conditions 6L and 14D regarding tap fees and sale prices being
reduced to $140,000 instead of$150,000 at the request of applicant.
Mr. Baker,talking of condition 6L, said the Equivilent Capacity Unit(hereafter referred to as ECU),
could be different on each lot depending on the size of the home built. With Bidgle LLC being asked to
pay one ECU for each of the 72 lots, Bidgle may end up paying more than half on some of the lots,
although the condition was for Bidgle to pay half and the owners to pay half. He said condition 14D,
however,as agreed by Ms.Houben,would remain the same.
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MAY 27, 1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO GRANTING APPROVAL OF DETAILED
SUBMISSION FOR THE NORTH FORTY PUD SUBDIVISION, SCENIC
FOREGROUND OVERLAY,DEVELOPMENT IN AREAS AROUND KEY FACILITIES,
1041 HAZARD REVIEW,AND GMQS EXEMPTION&SPECIAL REVIEW FOR A NEW
COLORADO MOUNTAIN COLLEGE CAMPUS
Resolution 9 98 If
-
RECITALS
1. Bidgle, LLC,hereinafter"Applicant", has applied to Pitkin County for approval of
• Detailed Submission for the North Forty PUD Subdivision.
2. The Applicant's parcel is located across State Highway 82 from the AspeniPitkin
County Airport , adjacent to the Aspen Airport Business Center, and is more specifically
described in Exhibit"A",attached.
3. The Applicant is proposing to rezone the 23.49 acre parcel from AFR-10 to
AH2/PUD.The rezoning was considered by the Board and approved pursuant to Ordinance
No. 98-,11.The parcel will be subdivided into three(3)blocks: Block l for educational
facilities; Block 2 for possible future accessory commercial,or other use; and Block 3 for
residential uses limited to 72 Resident Occupied unitsilots.
4. The Planning and Zoning Commission reviewed the North Forty PUD Subdivision
Detailed Submission application at public meetings on June 3,July 22 and September 23,
1997.The P&Z unanimously directed Staff to forward a recommendation of approval with
conditions to the Board. 111111111111111111111111111111111111111 III 111111111 IN
421207 @$/20/1998 01:32P RESOLUTI 04VIS SILVI
I of 14 R 0.06 0 0.00 N 0.00 ►ITKIN COUNTY CO
I
Resolution 4 98-L?
Page 2
5. The Growth tSlanagement Commission granted "exceptional project' status to the
proposed North Forty development,pursuant to .,.and Use Code Section 3-160,on July 17,
1996.
6. Evidence and testimony was presented to the Board with respect to this application
at duly noticed public hearings on December 3, 1997 and January 27, February 2, 9, and
24,March I I and 24,and April 2, 16,and 29, 1998,at which time the Board found that the
proposal meets the criteria of the Pitkin County Land Use Code, if the recommended
conditions are adhered to by the Applicant.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby grants Detailed Submission approval for the North Forty
project,subject to the following conditions:
I. The Applicant shall adhere to the provisions of the North Forty Conceptual Submission
approval (Board Resolution 96-286), unless otherwise modified or replaced by the
conditions outlined in this document.
i
2. The Applicant shall adhere to at, —alerial representations made in the application and in
the public meetings.
3. The issue of water service for the North Forty project shall be resolved to the satisfaction of
both the City and County Attorneys,prior to the submission of an application for Final Plat
review.
4. The Applicant shall submit the Final Plat,the Subdivision Improvements Agreement.and
the Protective Covenants, for review and approval by the Community Development
Department and the County Attorney's Office, prior to BOCC approval of the Final Plat
application.
5. At Final Plat submission,the Applicant shall submit revised Protective Covena-ts for the
North Forty Subdivision to the Community Development Department and t County
Al rney for review. The Covenants shall run to the benefit of and be enforceable by the
111111111111111111111111111111111111111III 11111 III!IN
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u n 3-8'-
Resolucion d 98-y /o
Page 3
owners of the Lots. The Board of County Commissioners shall have the right to enforce,
at a minimum, those portions of the Protective Covenants which cover (a) through (l) of
this paragraph,as well as conditions of approval contained in the Resolution.The County
Attorney will approve the final language of the Protective Covenants to ensure the
County has been granted the right to enforce the appropriate Covenants. The Protective
Covenants apply to Block 3 and shall include, but are not limited to, the following
conditions:
a. The Applicant shall provide a lighting plan which identifies fixture
location,height,and wattage.The lighting plan will be provided at Final
Plat and demonstrate how the proposed lighting plan will enhance
pedestrian movement,promote safety,and avoid unnecessary light
pollution in the area.
b. All development within the North Forty project shall comply with the
lighting standards set forth in the Pitkin County Land Use Code.
C. Provisions for low-water requiring plant materials and drip irrigation
systems for landscaping and revegetation.
d. The steep slopes in the northern portion of the North Forty project shall
remain undeveloped and protected from disturbance. These slopes shall
be designated on the Final Plat.
1
e. The single-family residences and townhouses shall be constructed in
accordance with the design criteria described by Engineering Dynamics,
Inc.,as described in their February 18, 1997 report(attached as Exhibit
B),for the purpose of noise mitigation.
f. Each individual lot/unit owner or developer shall be responsible for parks
and school impact fees as required for ail new subdivisions by the Land
Use Code.The actual payment amounts shall be calculated and paid at
the time of building permit application for each lot/unit.
g. Provisions to alert future property owners in the North Forty regarding the
existence of Aspen Consolidated Sanitation District operations,
AspeniPitkin County Airport operations,and the RFfA bus facilities with
respect to the potential for negative impacts on North Forty residents.
1111111 Il111 IIIIII IIIIII IIII IIIIII I1111 III IIIII 1111 IIII
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I
s—•?—�-
!T D
Resolution if 94-_O ++ !! ((att I ( I
Page d 11111 Jill 111111
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h. The provisions of the PM-10 Mitigation Plan,as represented by the
Applicant at Detailed Submission review,including but not limited to,a
program to reduce the use of cars,a monitoring program to determine the
effectiveness of the incentive programs and payment to RFTA for having
turnouts.The Applicant shall also indicate who is responsible for the
Tplementation and costs of future mitigation measures should the
.pproved PM-10 Plan prove to be inadequate.
i. Information regarding building heights,uses,floor area,setbacks and
allowed uses for the open space parcels.
j. The terms and timing of the tum-over of the management and maintenance
of the private common spaces,and those obligations established in the
Subdivision Improvement Agreement,to the North Forty Homeowners
Association.
k. The Applicant shall develop design standards ibr the location,
orientation,and dimensions of garages,to be reviewed and approved by
the Historic Preservation Officer.
I. The Applicant shall adhere to the provisions of the 1996/1997
Aspen/Pitkin County Affordable Housing Guidelines,unless otherwise
indicated in Condition 14 of this document.A Master Deed Restriction
for North Forty shall be submitted by the Applicant.It shall be reviewed
by the Aspen/Pitkin County Housing Authority and approved by the
BOCC,prior approval of Final Plat
6. At Final Plat submission,the Applicant shall submit a revise '71ibdivision Improvements
Agreement ("SIA") for the North Forty project for _w by the Community
Development Department and the County Attorney. The SIA shall include, but is not
necessarily limited to,the following conditions of approval:
a. A Construction Management Plan which includes the management of construction
traffic, a fugitive dust control plan which addresses any increase in PM-10
emissions associated with construction activities, the staging of construction
equipment and materials,provisions for parking, and public notification plans for
road closures consistent with the County Road Management and Maintenance
Plan, or any other public inconveniences during construction. The Construction
Management Plan shall also include a construction access plan describing the
It /� Exhibit.1
Reso-lution 4 98-V �
Paqe S
location of designated access points for big trucks and equipment. Big trucks and
equipment shall remain on-site during construction. unless approved by the
County Engineer. The Plan shall also indicate which residential lots will be
impacted by the big truck and equipment construction access locations and
disclose this information to the individual lot owners, in writing, prior to
purchase.
b. Financial security assuring the completion of the infrastructure (including all
utilities to the property lines of individual lots),open space, and private common
improvements and adherence to the conditions of the Conceptual and Detailed
Submission approvals for the North Forty project.
C. A phasing schedule which outlines the timing of the major components of the
North Forty project..
d. Provisions for the construction a berm between the RFTA Bus Maintenance
Facility and the North Forty project, pursuant to the design recommendations of
Engineering Dynamics, Inc.,as set forth in a report dated July 15, 1997, attached
as Exhibit C.
C. Provisions for the monitoring of traffic-related impacts of the project.Said
provisions shall be reviewed and approved by the County Engineer.The results of
the monitoring after build-out of the 1 st Phase of North Forty(72 residential units
and CN1C)shall be used by County to determine the adequacy of the
transportation and PM-10 mitigation measures.
f. Provisions for the implementation of a bus pass program for the occupied residences
of North Forty, the proceeds going to RFTA. Each unit owner will pay $20 per
month to the HOA with the total collection going to RFTA on a monthly basis. In
turn,RFTA will issue bus passes to the HOA for distribution to the residents. This
procedure will be in effect until a regional funding source for transit is in place, i.e.,
a Regional Transit District or Authority with a funding mechanism.
g. Provisions for improvements and maintenance of pedestrian links between North
Forty and the AABC.
h. The provisions of the PM-10 Mitigation Plan,as represented by the Applicant at
Detailed Submission review,including but not limited to,a program to reduce the
11111111111111111111111111111111111111111111111111111 N
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Resolution 4 98-YY
Page 6
use of cars,a monitoring program to determine `e effectiveness of the incentive
programs and payment to RFTA for paving tur s.
i. Provisions for monitoring the control measures of the PM-10 Mitigation Plan.The
results of the monitoring program shall be submitted to the Environmental Health
Department for review when the 1st Phase(72 residential units and CMC)is built-
out.The Environmental Health Department will at that time assess the effectiveness
of the mitigation measures.The EHD will have the ability to require the Applicant
or designee,or its successor in interest,to implement additional or alternative PNI-
10 control measures,should the applied measures prove to be inadequate.
j. Provisions for the use of the RFTA entrance off of Highway 82 and a construction
access road behind the RFTA bus barn,to reduce construction-related traffic on the
Baltic Avenue intersection.
k. The terms and timing of the tum-over of the obligations established in the
Subdivision improvement Agreement,to t.e North Forty Homeowners
Association.
I. 13idgle Inc.or its sucessors shall post security at the time of final plat recordation in
amount of 50%of the tap fees for water and sewer to be used at the time of fee
rayment for water and sewer intallations for each lot.
7. The. licant shall submit a Final Drainage and Erosion Control Plan to the County
Engit.-.. for review and approval,prior to the recording of the Final Plat.
8. The Aspen Consolidated Sanitation District engineer shall finally approve the on-site
collection system for the North Forty project,prior to recording the Final Plat.
9. The Applicant shall submit a Final Plat application to the Community Development
Department within one year of Board approval of the Detailed Submission.
10. The Final Plat shall designate and label the parcel as three(3)Blocks:Block 1 for
educational facilities;Block 2 for possible future accessory commercial,or other use;and
Block 3 for residential uses limited to 72 Resident Occupied units/lots.Block 2 shall be
designated with the following description:GMQS and Special Review approvals shall be
required prior to any development of the Accessory Commercial parcel.The Applicant
or its successor in interest shall have the piton to request a rezoning to B-2,in association
111111111111 HIM IIIIII 1111 IIIIII 11111 III 11111 IIII IIII
421207 06/28/1996 01:32P RESOIUTI DAVIS SILVI
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Exhibit
Resolution N 98-if �t7
Pave 7
with the GMQS and Special Review application, for a portion of the AL/Accessory
Commercial parcel.The GMQS and Special Review shall determine the appropriate level
of AWAccessory uses and whether or not the B-Z rezoning and it's associated uses are
appropriate for the parcel.The Applicant shall also have the option of utilizing the AH
Overlay zone district,via a rezoning request,should the new zone be appropriate for the
North Forty project.
t I. The Applicant shall grant an updated avigation easement to the County for the purpose of
maintaining navigable airspace,prior to the recordation of the Final Plat.
12. Parking shall be accommodated on one side of North Street(the street toward the rear of
the project,parallel to the river).Overnight parking on North Street shall be prohibited.
13. Intersection improvements:At the time of recording of final plat the developer shall pay
the County$200.000.Additionally,the developer shall agree to acquire the right-of way
necessary to construct:he new approach leg of of the intersection from SH 82 to the N-40
frontage road.Furthermore,the developer shall construct the road platform and
drainage of this leg of the intersection to County standards.This construction shall occur
simultaniously with earth moving and infrastructure installation.
14. The Applicant and its successors and assigns shall adhere to the following provisions to
assure the relative affordability of the North Forty project:
a. 12 lots shall be sold for no more than$75,000.
b. The 12 townhouses shall be sold under the 1996/1997 1lousing Authority
Guidelines.
C. The Applicant may build up to 12 model homes on individual lots.
d. The remaining 36 lots shall be sold for no more than an average of$150,000.No
individual lot will sell for more than$175.000.
C. The 12 lots to be sold for no more than$75,000(as described in 14a)shall be
restricted to a maximum initial resale cap of$275,000,after constarction of a home.
f. All purchasers of lots shall be informed in writing,prior to the purchase of the lot,
that they have the choice of retaining any building contractor they wish,including
the Applicant.
1 Iltlll IIIII Intl!IIIIII Itll 11111111111 III 11111 IN IN
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Resolution 4 99- fo=
Page e
g. All prices will be based on 1999 dollars,and an inflation escaiarorwill be allowed
based on the Consumer Price Index for all urban wage carvers(CPI•U).
h. The Applicant shall have sole discretion on lot sales for eighteen(18) months after
completion of infrastructure and certification of compliance with the subdivision
improvements agreements.For eighteen(18)months,the Applicant can sell a lot to
individuals chosen by the Applicant,provided that the individual is qualified under
the Housing Authority Guidelines.
Thereafter,the remaining unsold lots shall be available to any purchaser qualified
under the RO guidelines through the Housing Aud:onty for a period of eighteen
(18)months.Any one individual or entity shall not be permitted to own more than
one lot at a time.
At the conclusion of three(3)years after the completion of infrastructure and
certification of compliance with the subdivision improvements agreements,the
Applicant shall regain the tight to approve all lot sales.
During the 2nd 18 month time frame,the Housing Authority shall collect the 1%
marketing fee allowed in paragraph"I"of the 1996197 Housing Authority
Guidelines,which is in addition to the 1%of the sale price collected by the
Housing Authority to qualify buyers.
i
i. The Applicant's right to approve lot sales at its sole discretion shall be contingent
upon completion of all necessary infrastructure in compliance with the subdivision
improvements agreements within two(2)years of filing and recordation of Final
Plat.
15. Colorado Mountain College shall comply with the following conditions:
a. A lighting and reflectivity study shall be conducted for the CMC building to assess
the potential impacts to Highway 82 and surrounding uses.The study shall be
submitted with the Final plat application.
b. Colorado Mountain College shall confer,not less than annually,with the Pitkin
County Community Development Department to discuss any matters of mutual
concern regarding the CIVIC campus.
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Resolution # 98--ff
Page 9
C. Colorado Mountain College shall be required to commence operations within three
(3)years of approval of the North Forty Subdivision Final Plat.
d. Colorado Mountain College,in the management of the parking lot,shall consider
the use of parking fees and other incentives to reduce the impacts of CNIC's campus
on transportation systems in Pitkin County and the Roaring Fork Valley.
I& The soccer field/open space parcel shall be restricted to open space/recreational uses only.
Any development proposed for the accessory commercial parcel(Block 2)can utilize the
soccer field/open space area to comply with the area and bulk requirements of the Land
Use Code,including,but not limited to open space and FAR.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 21ST DAY OF NOVEMBER,1997.
INTRODUCED,FIRST READ,AND PUBLIC HEARING HELD AT
MEETINGS ON THE 3RD DAY OF DECEMBER,1997,THE 27T11 DAY OF
JANUARY,THE 2ND,9TH AND 24TH DAY OF FEBRUARY,THE I ITH AND
24TH OF MARCH, THE 2ND,16TH AND 29TH OF APRIL AND THE 27TH OF
MAY 1998.
APPROVED AND ADOPTED AFTER THIRD READING ON THE 27TH DAY
OF MAY,1998.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLLOORADO
By: .r�r�'
Dorothea Farris,Chairman
Date: ,P - y�
ATTEST•
3e aJenes. yN�E.Q.,�t".AstJ
Deptrty Clerk and Recorder
I Iillli IIIII Illltl IIIIII IIII IIIIII IIIlI III 11111 Jill Jill
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---
I
Resoiuticn 4 99-� ¢-2
Page 10 "ft"Q
APPROVED AS TO FMM: APPROVED AS TO CONTENT:
r
John Ely, Cindy Houben,
County Attorney Community Development Director
parcel N2643-344.00-003
case#32-97
tile:rickm/casesisubdivision+r n40_dc.doc
I I11111 IIIII!IIIII Illfll Ilfl IIIIII IIIII III Illili 111 Ilil
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I
r
Exhibit
CONTRACT TO BUY AND SELL REAL ESTATE
Safe of Lot with Residence to Be Constructed by Buyer
THIS IS A LEGALLY BINDING CONTRACT. PLEASE MAKE SURE THAT ALL
PROVISIONS ARE READ AND UNDERSTOOD BEFORE SIGNING. LEGAL OR
OTHER COMPETENT ADVICE SHOULD BE SOUGHT IF ANY PART IS NOT
UNDERSTOOD.
1. AgivemenL Buyer agrees to buy and the undersigned Seller agrees to sell the
Property defined below on the terms and conditions set forth in this "Contract".
2. Detlned Terms.
a. BUYBIRI�W 1'� �EP.Cr.11V�/¢l�
will take tits to the realproperty described below as:
,JOINT TENANTS `TENANTS IN COMMON INDIVIDUAL
b. PROPERTY: The Property is the following legally described real estate:
Lot a Block 3, of the Plat of the North Forty PUD Subdivision, recorded In the
Office of the Clerk and Recorder in Pitkin County, State of Colorado at Book 50, Pa e,$
18 and 19 and any amendments thereto, also known as O1 11J�rt DD I✓ ��(�V�
Aspen, Colorado 81611, together with the interest, easements, rights, benefits and
improvements appurtenant thereto.
c. ATTACHMENTS: The following attachments are part of this Contract:
(1) "Declaration of Protective Covenants for the North Forty Homeowner's
Association"; and
(2) "Master Deed Restriction Agreement for the Occupancy and Resale of
North Forty Resident Occupied Lots".
3. Sales Price_moslts and Payment of Carts/n Other Cos 4. The Purchase
Price and other amounts set forth below shall be payable In U.S. Dollars by Buyer at
Closing as follows:
$ -0 the "Purchase Price" shall be payable as follows:
$ i' �41)D as the "Reservation Deposit", held by Stewart Title of Aspen,
Inc, ("Escrow Agent"} pursuant to Reservation of A North Forty Lot ("Reservatior
Deposit") and North Forty Escrow Agreement, shall be applied toward the "Eames
Money Deposit" upon execution of this Contract.
nR n3 3?FM W ILLiAM �=. � JRDHfv i l.
11 �j rr Mr-,j. W
/1 $ Dr 000 as an additional payment -,owards the "Earnest Money
Deposit" when this Contract is signed. The Reservation %aposit and this additional
deposit shall constitute the "Eamest Money Deposit" to be applied as part payment of the
Purchase Price and shall be payable to and held by Escrow Agent in an interest bearing
account at a federally insured bank, on behalf of both Seller and Buyer. The Parties
authorize delivery of the "Earnest Money Deposit" at or before Closing, in accordance
with this Agreement and Escrow Agreement.
$ q0t QQ0 as the unpaid remaining balance.
Other amounts due at Closing include the following:
$ 101 1 _ as the amount deposited by Seller to secure the water and
sewer tap fees assessed against Buyer's lot.
$ . _ C"" as the amount due for the right to build an ADU unit on
Buyer's Lot.
$ as the amount collected for the North Forty Homeowner's
Reserve Account, and placed into the North Forty Homeowner Association's Reserve
Account.
$ oZ 00 as the 1% fee collected for the Aspen/Pitkin County
Housing Authority.
$ D a a TOTAL collected at Closing not including Earnest Money
Deposit.
All amounts due and payable by Buyer at �: ,osing Including Buyer's closing cost:
shall be in funds which comply with all applicable CoiL .o laws, which include cast
electronic transfer of funds, certified checks, savings and loan teller's check and cashier'
check CGood Funds").
4. ' ancing Conditions and Qh9gallons.
a. LOAN APPLICATION. If Buyer is to pay all or part of the Purchase Price t
obtaining a loan, Buyer shall cooperate with lender to obtain loan approval, diligently ar
timely pursue same in good faith, execute all documents and furnish all information at
documents required by lender, and, timely pay the costs of c^taining such loan or lend
consent. Buyer agrees to satisfy the reasonable requirements of lender, and shall r
withdraw thn loan application nor intentionally cause any &, nge In circumstances whi
would prejudice lender's approval of the loar application or {ding of the loan.
b. LOAN COMMITMENT. If Buyer is to pay all or part of the Purchase Price
obtaining a new loan, the Contract Is conditional upon Buyer obtaining a written Ic
'1AY' 02 '00 Q3--22FM WILL=HM R, JDRCAv
V
commitment including, if required by tender, (1) tender verification of employment, (2)
lender approval of Buyer's credit-worthiness, (3) lender verification that Buyer has
nt funds to close, and (4) specification of any remaining requirements for funding
said loa . This condition shall be deemed waived unless Seiler receives from Buyer, no
�0 later than days after execution of this Agreement, written notice from the lender of
Buyer's inability to obtain such loan commitment. if Buyer so notifies Seller, this Contract
4_ shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE,
BUYER SHALL BE IN DEFAULT.
5. gyWence,gf Titl& e� e-
a. TITLE COMMITMENT. Within two (2) weeks of execution of this Contract,
Seller shall cause to be delivered to Buyer, at Seller's expense, a current commitment
("Commitment") for a policy of title insurance. The Commitment will bind the Title
Company to issue an owner's policy of title insurance at or following the Closing Date in
an amount equal to the Purchase Price and Insuring title to your Lot subject to the matters
set forth in Schedule 8 of the Commitment, hereinafter referred to as "Permitted
Exceptions". �,} GaiffrM TA l 1941�ICY 5///44 C01V'J'/�IIV 1+7d fr�0Q9 2�4
1�GR�s=jN� To -L�VITLAR61
1�p (c-P �')or�Sp-r acastog 'A Buyet s2�11 f�ave tl�e nt to inspects Cbmr`nitment
Seller shall make available a copy of recorded documents described in Schedule 8 of the
Commitment. Seller shall also disclose to Buyer all easements, encroachments, liens c
other title matters not shown by the public records of which Seller has actual knowledge
Buyer shall have the right to inspect the Property to determine if any third party(ies) ha
any right in the Property not shown by public record.
C. BUYERS OBJECTIONS. Written notice by Buyer of un erchantability
title, shown by the Title Documents or inspection shall be signed by the uyer and give
to Sella within thirty (30) days of execution of this Contract or within ) calend
days after receipt by Buyer of any title documents or endorsements adding ne
Exceptions to the title commitment together with a copy of the title documents adding ne
Exceptions to true. If Seller does not receive Buyer's notice by the date(s) specifi
above, Seller will conclusively assume you accept the condition of title as disclosed by t
Title Documents. For purposes of this Contract, "unmerchantability of title" shall me
any instrument that affects title to the Property other than "Permitted Exceptions".
d. RIGHT TO CURE, If Seller receives notice of unmerchantability of ti
Seller shall use reasonable effort to correct said items within Twenty (20) days follow
receipt of your objection. If Seller is unable to have the Title company Insure over Buy,
title objections, cure Buyer's objection or Buyer elects not to waive the uncured
objection, Buyer may terminate this Contract.
6. Buyer's ReftresegtgMW- Buyer represents and warrants that Buyer shall cor
with "Declaration of Protective Covenants for the North Forty Planned ,�/Commu
N
h�i. ..S•.- ejz
' 6
("Declaration".) Without limiting the generality of the 'previous santence, Buyer
specifically represents and warrants that Buyer shall: (1) Timely submit Buyer's home
design for approval by the Design Review Committee as that term is defined in the
Declaration; (2) Begin construction of Buyer's home and other improvements, including
but not limited to landscaping, as approved above within two (2) years of completion of
Seller's obligations set forth in Paragraph 11 below; (3) Use reasonable efforts to
complete onstruction of Buyer's home and other improvements, as approved, within two
(2) year,: of beginning construction; (4) Comply with the North Forty Construction
Management Plan; (5) Pay all assessments, including utility tap fees, school impact fees,
and any other fees assessed against the Property by govemmental agencies; and (B)
And otherwise comply with Buyer's representations of this Paragraph 6 at Buyer's sole
expe- -se, including but not limited to, all costs and expenses for repair of damage which
occurs to the Common Property of the Homeowner's Association as a result of such
activities, including damage to any street, curb, gutter, sidewalk or utility system.
Furthermore, Buyer represents and warrants Buyer will indemnify, protect and hold Seiler
harmless from and against any liability, damage, cost or expense incurred by Seller in
connection with any breach of the above representations.
7. Homeowner Anaciati n Dsicuments. Buyer understands that the purchase of
the Property and construction of Buyer's home Is and will be subject to the terms and
conditions of the North Forty Homeowner's Association documents, which documents
include the Articles of Incorporation, Bylaws of the North Forty Homeowners Association
and North Forty Design Guidelines. Seller reserves the right to amend the Homeowner
Association Documents as permitted thereunder as Seller may deem necessary to make
any corrections to the Homeowner Association Documents or to meet the requirements
of applicable laws, governmental regulations and lending institutions provided that such
amendments shall not adversely affect the value of the Homeowner Association units nor
materially alter the rights and/or obligations of Buyer.
8. claxing, Closing is when Buyer is obligated to the balance of the sales
price plus all other amounts set forth in Paragraph 3 above a,.. :losing costs attributed to
Buyer as set forth in Paragraph 10 below. The hour and place of Closing shall be
desig, id by ten (10) days written notice no later than May 15, 2000. Seiler shall give
Buyer ie ten (10) days -tten notice o" the closing date unless specified herein as
C / l'.6-,KA• M hx, _3=, 2000. If the parties agree to a closing date that is later than
-'' May :5, 2000, Buyer will pay interest on the Purchase Price at the rate of ten (10%)
percent per annum for the period of any such delay.
9. Transfer of Tlt/e. Subject to payment at Closing as required in this Contract anc
compliance by Buyer with- the other terms and provisions in this Contract, Seller shal
deliver possession, subject to Paragraph 11 below, and convey title to the Property tc
Buyer by general warranty deed free and clear of all lions and encumbrances except the
Permitted Exceptions. Buyer and Seiler shall sign and complete all customary o
reasonably required documents at or before Closing.
L
11 f+ s'-
G
10, closing QRSts, Closing costs charged by the ftle Company ill be shared
equally by Seller and Buyer. Buyer will pay profWF�Cfr3irr��lp losing costs /}
the cost of recording the deed, ail costs charged or incurred
in connection wit financing of the property, Buyer's attorney's fees, transfer
,a� taxes and documentary fees. eneral taxes for the year of closing will be prorated,
G�CGF based on the most recent levy an the most recent assessment. Unless otherwise
agreed in writing, these prorations shai final. All assessments and charges for water,
sewer and drainage, and assessment for charges for other public or private
improvements, if any, shall be paid by Buyer After Closing, Buyer will be responsible for
00 all charges against the Property.
If Poss ssi n. Possession of the Property shall be delivered to Buyer subject to
1 Seller's right and obligation to diligently complete the infrastructure as required by Pitkin
County Resolution 99-59 recorded in the Office of the Clerk and Recorder of Pitkin
County at Reception No. 432280, the "Subdivision Improvements Agreement for the
North Forty PUD Subdivision" recorded in the Office of the Clerk and Recorder of Pitkin
County at Reception No. 432260 and the Plat of the North Forty PUD Subdivision
recorded in the Office of Clerk and Recorder of Pitkin County at Plat Book 50, Pages 18
and 19 { hereinafter referred to as the "Approval Documents'. Buyer agrees that
supervision and direction of construction under the Approval Documents rest exclusively
with the Seller and its agents.
Buyer and Buyer's agents shall have the right to enter upon the Property at any time
prior to closing at Buyer's own risk. Any entry by Buyer and Buyer's agents will not
interfere with Seller's obligation to complete the infrastructure of the North Forty project as
provided in the Approval Documents. Buyer agrees to indemnify and save Seller, and
our agents, harmless from all claims arising by reason of Buyer's or Buyer's agents
entries during the period of time that we are completing our obligations under the
Approval Documents.
In the event that completion of the infrastructure of the North Forty project is no
complete by September 1, 2000, Buyer may elect to terminate this Contract and reques
a refund of the amount collected pursuant to Paragraph 3 above, but not the amount,
collected pursuant to Paragraph 10 above, and both parties shall have no furthe
obligation to the other party. The completion date of September 1, 2000 may bE
extended for any delays caused by weather, strikes, Inability to obtain materials, iabc
shortage, acts of God, war, casualty, contractor's breach of contract, government.-
regulation, court decree or order, or any occurrence or condition beyond Seller
reasonable control.
12. Ern® of EJsence ADd ern dfea Time is of the essence hereof. If any check
received as a Deposit or any other payment due hereunder is not paid, honored c
tendered when due, or if any other agreement or obligation hereunder Is not performed 1:
either party as herein provided, the following remedies shall be available. /
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a. SELLER'S DEFAULT. if Seller is in aefauit, Buyer's sole remedy will be to
terminate this Contract, in which event the Earnest Money Deposit plus interest shall be
returned to Buyer as Buyer's sole and exclusive remedy. Buyer hereby absolutely and
expressly waives and relinquishes any and all claims for specific performance and for
additional damages of any kind against Seiler (including, but not limited to, special or
consequential damages.)
b. BUYER'S DEFAULT. If Buyer is in default, Seller's sole remedy will be to
terminate this Contract, In which event the Seller will be entitled to retain the entire
Earnest Money Deposit as liquidated damages as its sole and exclusive remedy. Buyer
and Seller agree that if Buyer breaches Buyers obligations under this Contract, it will be
difficult to determine Seiler's damages, which would include, but not limited to, the lost
opportunity of effecting a sale of the Property while it was under contract to Buyer.
Consequently, the liquidated damages provided herein are a fair and reasonable estimate
of Seller's damages.
C. DAMAGES FOR BREACH. Anything to the contrary herein
notwithstanding, in the event of any litigation arising out of this Contract, the court shall
award to the prevailing party all actual costs and expenses, including reasonable expert
witness fees and reasonable attomeys' fees.
13. EnnAa e� YOU REPRESENT AND ACKNOWLEDGE THAT YOU
HAVE READ THIS CONTRACT AND THE SAME CONSTITUTES THE ENTIRE
CONTRACT BETWEEN THE BUYER AND SELLER. NO OTHER AGREEMENTS,
PROM'SES OR WARRANTIES, EITHER EXPRESS OR IMPLIED, EXCEPT THOSE
SPECIFICALLY SET FORTH HEREIN HAVE BEEN MADE TO YOU BY US OR OUR
AGENTS. WE WILL NOT BE BOUND BY ANY OTHER REPRESENTATIONS OR
AGREEMENTS MADE BY ANY OTHER PERSON. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES THAT NEITHER
SELLER NOR ITS AGENTS HAVE MADE ANY WARRANTIES OR
REPRESENTATIONS UPON WHICH BUYER HAS RELIED CONCERNING THE
INVESTMENT VALUE OR THE CONSEQUENCES WHICH MAY RESULT FROM THE
PURCHASE OF THE PROPERTY OR THE CONSTRUCTION OF BUYER'S HOME.
14. AAldoment and Recaafk0n.
a. ASSIGNMENT. This Contract Is persolL 1i to Buyer and may not be assignec
by Buyer without the prior written consent of the Seiler, which may be withheld in Seller"
sole discretion. If Buyer attempts to assign this Contract without Settees consent, Buye
shall be in default hereunder, and this Contra nay, at the sole option of Seller, b,
terminated by giving five (5) days notice prior to i, termination hereof, in which event th
Deposit may be retained by Seller as liquidated damages. Setter's refusal to consent t
an assignment of this Contract shall not entitle Buyer to terminate this Contract or giv
Buyer any rights or claims for damages against Seller.
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Exhibit
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b. RECORDATION. This Contract shall not be recorded prior to Closing. if this
Contract is recorded by Buyer prior to closing, Buyer shall be in default hereunder, and
Seller may elect to terminate this Contract by giving Buyer five (5) days notice prior to the
termination hereof, in which event the Deposit may be retained by Seiler as liquidated
damages. Although the recording of this Contract shall in no way be construed as
imposing or constituting a cloud on the title to the Property or affecting any sale or
conveyance thereafter, Buyer agrees, upon demand, to execute and deliver such
documents as Seller may reasonably request to eliminate any effect of Buyer's
recordation of this Contract.
16. MgMgadgas.and_Weiver. This Contract may be changed, modified or amended
only by a written instrument signed by both Seller and Buyer. No requirement, obligation,
remedy or provision of this Contract (including the right to delay construction or terminate
this Agreement) should be deemed waived unless expressly waived in writing.
16. &a Commission for_mk rs. Both parties represent that the services of any
broker, agent or finder have not been used and entitled to a commission on account of
this Contract and we each agree to defend and indemnify and save the other harmless
from any commission or fee which may be payable to any broker, agent or finder wi h
whom the indemnifying party has dealt. f ELLO K OVJ40Wi Q,ECEjr rr
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cept for the notice requesting arbitration In arag 0, r1
noticea shall be in writing and sent by certified mail, return receipt requested, postage+!
prepaid, to the addresses shown In this Contract. Notice is deemed given 3 business T
days after mailing, postage pre-paid, registered or certified, return -eceipt requested.
Seller shall be deemed to have given adequate notice under this paragraph if Seller sent
written notice to any one of the Buyers.
18. GIeB.:J=. The headings in this Contract are for convenience only and do not j
affect the meaning or interpretations of the terms and conditions. RK
19. everahil(t!v. if any term, covenant, or provision of this Contract shall be illegal or
unenforceable for any reason, the same shall not invalidate any other terms, covenants,
or provisions, and all of such remaining terms, covenants and provisions shall continue in
full force and effect.
20. Arbff ton. Any and all disputes or controversies between Seller and Buyer with
respect to any issue arising out of this Agreement shall be determined by arbitration in
Pitkin County, State of Colorado, in accordance with the rules of the American Arbitration
Association then in effect. The arbitrator(s) shall act as promptly as possible to determine
and conclude the issue. The determination of the arbitration shall be conclusive upon the
parties, and judgment upon the sar-,e may be entered in any court having jurisdiction over
the parties and the subject matter of the dispute. The cost of any arbitration shall be
�'91
L Exhibit
e equally by the parties, except that the losing party in any such arbitration shall, as a
part of the arbitration award, reimburse the prevailing parry for its actual costs and
expenses, including reasonable expert witness fees and reasonable attorney's fees, This
Paragraph shall not alter any date in this Contract unless otherwise agreed.
21. Special Taxing Dist& SPECIAL TAXING ^'ETA" TS MAY BE SUBJECT
TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID 13Y REVENUES
PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN
SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT
RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO
SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES, BUYERS
SHOULD INVESTIGATE THE r!:-BT FINANCING REQUIREMENTS OF THE
AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,
EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,
AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
22. Sel/ef::X Aggroyal. BUYER ACKNOWLEDGES THAT 41S AGREEMEit
SHALL NOT BE BINDING UPON SELLER NOR BECOME EFFECTIVE UNTIL THE
EFFECTIVE DATE AND UNTIL AND UNLESS ACCEPTED IN WRITING BY SELLER,
AND ANY PERSONAL CHECK FOR BUYER'S EARNEST MONEY DEPOSIT IS PAID.
23. Recomme(!da lon of Leg l and blear CgunseL By signing this document.
Buyer and Seller acknowledge that the Seller has advised that this document haE
important legal consequences and has recommended the examination of title anc
consultation with legal, tax or other competent counsel before signing this Contract.
IN WITNESS WHEREOF, the parties, 1 tendin o be legally bound, hav(
executed and delivered this Contract as of ! f1 . 1999 which is the date c
this Agreement. The "Effective Date" shall be the date of Seller's execution hereof.
SELLER: BUYER:
BID G LLC, A Colorado Limited i
Liabil' omp
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By: rr j' J• �' r�
John P McBride, M.-ia r
` Address:
303 E AABC 300q xl e 'Zp
Aspen, CO 81611 -*5ktJ
RAI
MQ�( JOHN P. MCBRIOE
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L �Ge''•'�' "� w'� ��� h 1. 11c, �t'�.
�el Yt Z4 ) St 1111 F
30' V AIRPORT BUSINESS CENTER
Af=' -ADO • 61611 . 303 925-2102
Exhibit
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