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Town Council Resolution 62 198300I 1'.uL TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 62 SERIES OF 1983 F A RESOLUTION APPROVING THE DETAILED FINAL PLAT FOR WOOD RUN V, PARCEL 10. WHEREAS, the Snowmass Company, Ltd. has submitted a detailed Final Plat for Wood Run V. Parcel 10, for Town Council approval, pursuant to the provisions of Section 3, paragraph p, Ordinance No. 13, Series of 1980; and WHEREAS, the Planning Commission has reviewed the Final Plat Submission and has made a recommendation for approval subject to the condition contained in Planning Resolution No. 11, Series of 1983; and WHEREAS, the Chairman of the Planning Commission and the Town Engineer have each signed the plat; and WHEREAS, the Town Council has reviewed the submission, heard the comments of the Town Staff and the applicant, and has made the following findings: A. The submission complies with the Subdivision Regulations of the Town; B. The Submission is in substantial conformity with the approved Gross Parcel Plat, and includes required dedications, a Subdivision Improve- ments Agreement, a landscaping plan and schedule, general building layout and configuration, and those other items required by Ordinance No. 13, Series of 1980; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One. That the detailed Final Plat of Wood Run V, Parcel 10, as submitted by the Snowmass Company, Ltd., is hereby approved subject to the following conditions and the Mayor is authorized to execute the final plat, Subdivision Improvements Agreement and other supporting documents, copies of which are attached hereto collectively as Exhibit A, on behalf of the Town: A. Prior to the issuance of a Building Permit, the conclusions and recommendations as outlined in the Chen and Associates Soils report of July 5, 1983, affecting the site shall be updated and provided to the Building Department. As a part of the normal permitting and inspection process, Chen and Associates shall monitor excavation on the site to verify their recommendations relating to construction activity and shall file said verification with the Building Department prior to the construction of any foundations. B. The Snowmass Company, Ltd., its successors or assigns, shall adhere to the construction management plan which is attached hereto and incorporated herein as Exhibit B. 451 3bwi uu'L - INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on this 15th day of August 1983, by a vote of 5 to 2 Mayor Tippett and Councilmember Desmond were opposed. TOWN OF SNOWMASS VILLAGE, COLORADO By: " Jefferson 1ippett, Mayor ATTEST: 5w;�� �� Susan Garrison, Town Clerk TOWN - K CLE 0 af�l1//N) NI"j111��� EXHIBIT A som 451 PAU,L 75 SUBDIVISION IMPROVEMENTS AGREEMENT (Resubdivision of Parcel 10, Woodrun Unit Five) THIS AGREEMENT is made and entered into this f1 day of 1983, by and between the TOWN OF SNOWMASS VILLAGE, COLORADO, a unicipal corporation, herinafter sometimes designated as the "Town", and THE SNOWMASS COMPANY, LTD, a Colorado limited partnership, hereinafter designated as the "Owner" and "Developer". WITNESSETH: WHEREAS, Owner is the owner of Parcel 10, Woodrun Unit Five according to the recorded plat thereof in the records of the Clerk and Recorder, Pitkin County, Colorado; and WHEREAS, Owner and Developer have submitted to the Town a final subdivision plat showing a proposed resubdivision for said lands, (the "Property"), a copy of which plat is attached hereto as Exhibit A; and WHEREAS, Owner and Developer have further submitted to the Town a public site improvements plan for those improvements on and off the Property being constructed by the Owner and Developer, a copy of which is attached hereto as Exhibit B; and WHEREAS, the Town's Planning Co mission and Town Council have approved the final subdivision plat submitted by the Owner and Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and order municipal improvements in connection with the Property. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Owner and Developer hereby guarantee, to the extent provided herein, the installation as hereafter provided, as necessary to serve the property, and payment for all utility lines, storm drainage improvements, access roads, sanitary sewer lines, traffic control signs or devices, water lines, fire hydrants and any other improvements described in Exhibit B. The Owner and Developer hereby warrant all such improvements for a period of one year after acceptance by the Town or the utility companies of such improvements. Owner and Developer agree to correct promptly any deficiencies in such installation in order BUuK451 PAGE to meet the requirements of the plans and the specifications applicable to such installation. In the event such installation is not completed substantially within the applicable schedules and according to the specific plans set forth herein, the Town shall have the right to cause such additional work to be done as is necessary to complete the installation in such manner and the Owner and Developer shall be liable for the cost of such additional work. 2. Water Lines a. At the request of the Owner and Developer, Snowmass Water and Sanitation District shall engineer and install all water lines, whether such lines are actually on the Property, bordering the Property or on other lands connecting the Property to the existing water distribution system in accordance with the standard specifications of the District. b. Installation of said facilities and lines shall be completed in accordance with the schedule attached here- to as Exhibit C. C. Owner and Developer understand and agree that no certificate of occupancy for any structure on the Property shall be issued by the Town until the water lines serving such structure are installed and accepted by the District. d. All of said lines shall be installed at the sole expense of the Owner and Developer, pursuant to an agreement with the District. 3. Sanitary Sewer Collection Lines. a. At the request of the Owner and Developer, Snow - mass Water and Sanitation District shall engineer and install any sanitary sewer collection lines, whether the same be on or off the Property, in accordance with the standard specifications of the District. b. The installation of said lines shall be completed in accordance with the schedule attached hereto as Exhibit C. C. All of said lines shall be installed at the sole expense of the Owner and Developer, pursuant to an agreement with the District. 4. Electric, Gas and Telephone Lines and Facilities. At the request of the Owner and Developer, Holy Cross Electric Association shall engineer and install all elec- tric distribution lines and facilities required for the Property and the Owner and Developer shall pay for such work in accordance with the established charges of the Association, according to a schedule subject to approval by the Town Engineer. 2 BUR 4 5 1 °Auc- 7 At the request of the Owner and Developer, Rocky Mountain Natural Gas Company shall engineer and install all required gas lines and facilities required and the Owner and Developer shall pay for such work in accordance with the established charges of the Company, according to a schedule subject to approval by the Town Engineer. At the request of the Owner and Developer, Mountain Bell shall engineer and install all required telephone lines and facilities and the Owner and Developer shall pay for such work in accordance with the established charges of Mountain Bell according to a schedule subject to approval by the Town Engineer. 5. Storm Drainage Improvements a. The Owner and Developer shall install all storm drainage improvements shown on Exhibit B. b. Installation of said improvements shall be completed in accordance with the schedule attached hereto as Exhibit C. C. All of said improvements shall be installed at the sole expense of the Owner and Developer. d. The installation of said improvements shall be inspected by the Town Engineer and shall be subject to such Engineer's approval. The cost of such inspection shall be paid by the Owner and Developer. 6. Streets a. Owner and Developer agree to construct the access road in conformance with the plans and specifications set forth in Exhibit B, as approved by the Town Engineer, at the sole expense of Owner and Developer. b. Owner and Developer agree to complete the installation of road improvements in accordance with the schedule attached hereto as Exhibit C. C. Owner and Developer agree to install all standard street and traffic control signs required by the Town of Snowmass Village, at the sole expense of Owner and Developer. d. Owner and Developer agree to revegetate all cuts and fills resulting from construction of the access road in a manner which will prevent erosion, at the sole expense of Owner and Developer. e. The construction of the road shall be inspected by the Town Engineer and shall be subject to such Engineer's approval. The cost of such inspection shall be paid by the Owner and Developer. 3 f. Road improvements shall not be installed until all utility lines to be placed in the road have been completely installed. 7. Owner and Developer acknowledge that the Town has adop- ted a road cut ordinance, the provisions of which shall apply to the alteration of any road necessitated by the installation of any utilities described in this Agreement. 8. The Owner and Developer or their assigns shall be re- sponsible for the maintenance and repair of all drainageways, storm drains, access roads or other improvements of a public nature constructed or installed on the Property which are not dedicated to and accepted by the Town. 9. Performance and Payment Guarantee. To insure Owner's and Developer's performance under this Agreement, Owner and Developer have provided the Town a sat- isfactory financial guarantee in the form of a mortgage on the Property in the amount of $143,495.Od Exhibit D ) , conditioned on Owner's and Developer's full performance of its obligations hereunder and payment by the Owner and Developer of the cost of installing all improvements required to be paid for by the Owner and Developer. Upon completion of each phase of improvement and inspection, approval and acceptance thereof by the Town Engineer, utility company or the District, as applicable, the amount of the mortgage shall be reduced by the amount allocated to that phase, except ten percent thereof. The final release of the mortgage shall occur at such time as either (a) all proposed improvements are completed and approved by the Town Engineer (based on notices of completion and acceptance by the District or utility companies, as and if applicable) or (b) Owner and Developer provide to the Town a bond, letter of credit, escrow of funds, adequate construction loan commitment which the Town can draw on, or evidence of fully pre -paid contracts, to secure Owner's and Developer's guarantee in an amount equal to the mortgage then outstanding. The Town shall subordinate the mortgage to a construction loan, at Owner's and Developer's request, if such construction loan is issued by a state or federally chartered bank, savings and loan association or insurance company, and such loan contains an obligation on the part of such issuer to perform under this Agreement if there is a default by the Owner or Developer. 10. Maintenance and Repair Owner and Developer agree that they shall repair or pay for -any damage to any existing improvements damaged during the construction of new improvements. The Town shall notify the Owner and Developer within a reasonable time after discovery of any claim hereunder, and Owner and Developer shall have a reason- able period of time within which to repair same. 0 451 79 11. This Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the day and year first hereinabove written. ATTEST : STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) TOWN OF SNOWMASS VILLAGE COLORADO By Mayor THE SNOWMASS COMPA Y, LTD. By ,/kn04 C General Pa tner The foregoing instrument was acknowledged before me this /R,.h day of , 1983 by QLq,d Gj. 1-14-0- as G! nerd-l"Partner of nowmass Company, Ltd. commission expires �fwe'ss m4aind and official seal . • �, Q.�A � Notary Public a h CD w x H LL 0 30 co Ir a � N J O 00 U LLr 0 W -�W, W a< _ U- QLyy 0 NYw F— CL Qao Z LL O ¢ 0 Z) O wz� wz_w ZZ >< w U a pp ~W-� p in z J O w Ono OQ p 3m m oZ J N `A ww N, U 0 d Qz IL Wo 0 1- 0 0 m U) U) a ,.At Ri'r ewe.; ;€ak*Cy$y b o�w Lja C al 0p c on M1.00,0£.I0S Ng-a� og� iod?" 2 HI _ _ e2,Twoo_o�..o H2 WwQ aoa =ts - - - - - 8 - - - - E2M E2 =oma., -K-2, v �5 a h CD w x H LL 0 30 co Ir a � N J O 00 U LLr 0 W -�W, W a< _ U- QLyy 0 NYw F— CL Qao Z LL O ¢ 0 Z) O wz� wz_w ZZ >< w U a pp ~W-� p in z J O w Ono OQ p 3m m oZ J N `A ww N, U 0 d Qz IL Wo 0 1- 0 0 m U) U) a ,.At Ri'r ewe.; ;€ak*Cy$y b o�w Lja C al 0p c on M1.00,0£.I0S Ng-a� og� iod?" 2 BOOK 451 PAGE 81 EXHIBIT B to SUBDIVISION IMPROVEMENTS AGREEMENT Resubdivision of Parcel 10, Woodrun Unit Five The plans for public site improvements consist of the following Drexel, Barrell and Company, McLaughlin Water Engineers, and Design Workshop, Inc. drawings: Drexel, Barrell and Company: Road and Drainage Plan for Parcel 10 - Drawing No. 3D-253 McLaughlin Water Engineers: Water and Sewer Plan for Parcel 10 - Project No. 65-50.74 (2 sheets) Design Workshop, Inc.: Landscape Plan for Parcel 10, Drawing #C5 Boa 451 PAGE PYPTPTT r to SUBDIVISION IMPROVEMENTS AGREEMENT From Resubdivision of Parcel 10, Woodrun Unit Five The public improvements outlined in the subdivision agreement shall be completed based on the following schedule: Within 5 months of issuance of building permit all water, sanitary sewer, gas, electric and telephone utility improvements servicing the Property shall be completely installed and ready for final inspection by the Town Engineer. Within 4 months of issuance of building permit all clearing, grading, drainage improvements and base course for the access road shall be complete. All utilities to be located within the roadway shall be completed prior to base course placement. Within 15 months of issuance of building permit all paving and signage of the access road shall be completely installed and ready for final inspection by the Town Engineer. Within 24 months of the issuance of the building permit all on-site landscape planting, finish grading, and revegetation of disturbed areas will be completed. BON 451 ?'A 83 to SUBDIVISION IMPROVEMENTS AGREEMENT for Resubdivision of Parcel 10, Woodrun Unit Five The estimated cost for installation of public site improvements and utilities necessary to serve the Property is as follows: Access Road and Drainage $ 92,400.00 Water 3,500.00 Sanitary Sewer 12,720.00 Natural Gas 1,500.00 Electric Power 13,375.00 Landscaping 20,000.00 $ 143,495.00 EXHIBIT B PARCEL 10, WOODRUN V SUBDIVISION Botox 451 PAGE 84 FINAL PLAT CONSTRUCTION MANAGEMENT PLAN The following construction management plan outlines the procedures which will be followed during construction to mitigate impacts upon Wood Road and surrounding properties: a. Temporary utilities will be furnished at the construction site including water, electricity and telephone. All temporary utility hookups and arrangements will be.removed upon project completion. b. Where utility installation requires cutting asphalt roads, a road patch will be installed immediately in accordance with Ordinance 6, Series of 1982. C. Field office building and shed will be provided for the contractor's office, supplies and storage. This facility is the property of the contractor, will be maintained in an orderly fashion, and will be removed from the site after completion of the work. d. One employee may reside at the construction site to provide security. e. Temporary sanitary facilities will be provided. f. All temporary construction such as scaffolds, tarpaulins, barricades and canopies, warning signs, steps and bridges will be provided for the duration of construction so work can be properly completed and in compliance with safety regulations. A g. Construction fences will be erected of a woven mesh (not less than 72" in height) where areas of disturbance need to be limited. This would be adjacent to Wood Road where a gate to the project will be installed. h. To reduce dust throughout the entire construction period in the working area intermittent watering and sprinkling will be provided by the Snowmass Company, Ltd. Calcium chloride will not be used for dust control due to environmental impact. i. On the jobsite, police, fire and emergency access will be maintained after foundation work has been concluded. 451 8" j. Notification will be provided for all road dis- ruptions. k. Signage or illuminated barricades will be provid- ed when obstructions and dangerous conditions exist on public roads or adjacent to pedestrian ways. 1. Material storage and parking for construction employees will occur ,ip,"the parking structure.. �0g w:% y °a p + s a , 0 1 —2— Box 451 GUARANTEE MORTGAGE FOR THE RESUBDIVISION OF PARCEL 10, WOODRUN UNIT FIVE n 1. Conveyance al 'a 9 i' l The Snowmass Company, Ltd., a Colorado limited partenrship (the "Mortgagor"), whose address is 5131 Owl Creek Road, Snowmass Village, County of Pitkin, State of Colorado, hereby mortgages to the Town of Snowmass Village, a Colorado municipal corporation (the "Mortgagee"), whose address is P.O. Box 5010, Snowmass Village, Country of Pitkin, State of Colorado, 81615, to secure the payment of $ I1F3,495 r (adjusted, calculated and due as provided below) and the pe— rformance of other obligations specified herein, that certain real property in the County of Pitkin and State of Colorado described as the Resubdivision of Parcel 10, Woodrun Unit Five, according to the recorded plat thereof (the "Property"), and warrants title to the same subject, however, to general property taxes not yet due and payable, and prior interests of record. This Mortgage is given in connection with that certain Suvdivision Improvements Agreement between Mortgagor and Mortgagee recorded in Book at Page 75- (the "Improvement Agreement"), and terms used in the Improvements Agreement shall have the same meaning when used in this Mortgage, unless otherwise noted. 2. Obligations of -Mortgagor (a) Mortgagor will comply with all of its obligations and guarantees as set forth in the Improvements Agreement. (b) Mortgagor warrants and covenants forever to defend Mortgagee in the quiet and peaceful possession of the Property against all and every person or persons lawfully claiming the whole or any part thereof. (c) Mortgagor shall not commit or suffer any waste to the Property of permit any use of the Property contrary to restrictions of record or contrary to laws, ordinances or regulations of any proper public authority having jurisdiction. In connection with the foregoing, Mortgagor will permit Mortgagee to enter upon the property at all reasonable times for the purposes of inspecting the Property. (d) Mortgagor will defend, at its own cost and expense, indemnify and hold Mortgagee harmless, from any third -party action, proceeding or claim affecting the Property, or any part thereof,'this Mortgage, or the Improvemeents Agreement. (e) Mortgagor will comply with all laws, acts, rules, regulations and orders of any Federal, State, municipal, mom 451 PAGE 87 legislative, administrative or judicial body, commission or officer exercising any power of regulation or supervision over the Mortgagor or the Property, except that the Mortgagor may contest any such law, act, rule, regulation or order in any reasonable manner which will not affect the interest of the Mortgagee to any part of the Property. (f) In the event of any action affecting title or interest in or to the Property, Mortgagor agrees to give timely written notice to Mortgagee, and an opportunity for Mortgagee, at Mortgagor's expense, to defend its interest therein. 3. Rights of Mortgagor The total amount of the guarantee secured by this Mortgage shall be reduced upon completion of each phase of improvements construction, and inspection and approval thereof by the Town Engineer, according to 90% of the amount allocated to such phase. Mortgagor shall be entitled to partial releases of the Property from this Mortgage on a prorata basis with the above described reduction of the guarantee secured hereby. The final release of the Mortgage shall occur at such time as either (a) all proposed improvements are completed and approved by the Town Engineer, or (b) Mortgagor provides to the Mortgagee a bond, letter of credit, escrow of funds, adequate construction loan commitment which the Mortgagee can draw on, or evidence of fully pre -paid contracts, to secure Mortgagor's guarantee in an amount equal to the Mortgage _guarantee then outstanding. 4. Events of Default This obligation shall be in default, and this Mortgage may be foreclosed, as provided by law, upon the occurrence of any one or more of the following Events of Default: (a) Failure by the Mortgagor to substantially perform or observe any material obligation under this Mortgage or the Improvements Agreement; (b) If any statement, representation or warranty of Mortgagor herein contained proves untrue or misleading in any material respect; (c) If the Mortgagor, in the event that any claim of priority over this Mortgage, by title, lien or otherwise is asserted by any person by any filing or in any legal, administrative or equitable proceeding, except as otherwise contemplated expressly in this Mortgage, fails to provide insurance, a bond or other security within 15 days in form and content satisfactory to the Mortgagee, protecting the Mortgagee from any adverse consequences which may result or may have resulted from such claim; (d) The insolvency (however evidenced) or the 2 Boos 451 Pah commission of any act of insolvency by the Mortgagor, or the making of an assignment to or for the benefit of creditors of the Mortgagor, or the appointment of a receiver, liquidator, conservator or trustee of the Mortgagor or its Property, or the filing of a voluntary petition or the commencement of any proceeding by Mortgagor for relief under any bankruptcy, insolvency, reorganization, arrangement, or receivership laws or other law relating to the relief of debtors of any state or of the United States, or the filing of any involuntary petition (unless and until discharged within 30 days after such filing) for the bankruptcy, insolvency, reorganization, arrangement or receivership or the involuntary commencement of any similar proceeding under the laws of any state or the United States relating to the relief of debtors, against the Mortgagors (e) Should the Mortgagor fail to pay any and all real property taxes or assessments of any kind prior to the time any penalty accrues. 5. Miscellaneous (a) Following the occurrence of an Event of Default, the Mortgagee may pay sums in any amount, form or manner deemed expedient by Mortgagee to protect the security of this Mortgage or to cure any default, make any payment hereby authorized to be made according to any bill, statement or estimate furnished or procured from the appropriate public officer or the party claiming payment in which event the amounts so paid shall be added to and become a part of the obligations hereunder and be immediately due and payable to Mortgagee and Mortgagee shall be subrogated to any encumbrance, lien, claim or demand, and to other rights and securities for the payment thereof, paid or discharged by mortgagee under the provisions hereof, and any such subrogation rights shall be additional and cumulative security to this instrument. (b) If at any time, in the judgment and the discretion of the Mortgagee, a receiver should be necessary to protect the Property after maturity of the obligation hereunder, or at the time of or after the institution of suit to collect such obligation or to enforce this Mortgage, Mortgagee shall have the right to the appointment, by application to any court having jurisdiction, of a receiver to take charge of, manage, preserve, protect and operate the Property with any business or businesses located thereon, to collect the rents, issues, profits and income thereof, to make all needed repairs, and to pay all taxes and assessments against the Property and, after the payment of the expenses of the receivership, to apply the net proceeds in reduction of the obligation hereunder, or in such other manner as the court or receiver shall direct, all such expenses to be secured by the lien of this Mortgage. Such receivership shall, at the option of Mortgagee, continue until full payment of all sums hereby secured, or until title to the Property shall have passed by foreclosure sale under this Mortgage and the period of 3 451 PAu;: 89 redemption shall have expired. (c) The Mortgagee may purchase the Property or any part thereof at a foreclosure sale. It shall not be obligatory upon the purchaser at such sale to see to the application of the purchase money. (d) If a release deed is required, it is agreed that the Mortgagor, its successors and assigns will pay the expenses thereof. (e) Any indulgence or departure at any time by the Mortgagee from any of the provisions hereof, or of any obligation hereby secured, shall not modify the same or relate to the future or waive future compliance herewith by Mortgagor. (f) This mortgage shall run with the land, and bind and benefit the parties, their successors and assigns. 6. This mortgage is non-recourse as to the assets, other than the Property, of the Mortgagor or its partners. MORTGAGOR: MORTGAGEE: Dated: ACf'&4"1- fir, /4'C3 Dated:Q'U'4�k ;L�l / Q V3 The Snowmass Company, Ltd. Town of SnowMass Village By (" By� GeV e e al Partner Mayor ATTEST: By Town Clerk STATE OF COLORADO ) ss: COUNTY OF PITKIN ) The foregoing instrt(nent was acknowledged before me this 0'0z% -L day of , 1983, by Jeff Tippett, as Mayor or the Town of Snowmasd Village, and S,sam V&nseR, as Town Clerk of the Town of Snowmass Village. aw6At / ocrr;roX Witness my hand and official se 6113 /f 7 al. My commission expk,rg 00J J"". X. Notary Public �- a 4, it3451 90 STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of GL 1983, , 1983, by W. If-4A-4-- aD General Partner of The Snowman Comp &ny, Ltd. Witness my hand and official seal. otary Public UB4,48mmission expires: 0 0