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HomeMy WebLinkAboutresolution.council.032-01 RESOLUTION NO. Series of 2001 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING CERTAIN DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ISELIN PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a certain document entitled Declaration of Covenants, Conditions, and restrictions for Iselin Park, a copy of which contract is annexed hereto as Exhibit A and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby that certain document entitled Declaration of Covenants, Conditions, and Restrictions for Iselin park, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. E. Rich I,:Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~ ,2001. Kat~yn S. ch, City Clerk JPW-03/05/2001-G: \john\word\resos \maroon-creek-coy. doc DECLARATION OF' COVENANTS, CONDITIONS, AND RESTRICTION FOR ISELIN PARK THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE ISELIN PARK ("Declaration") is made this day of , 2001, by the City of Aspen, Colorado, a home rule municipal corporation ("Declarant"). WITNESSETH WHEREAS, Declarant is the owner of certain real property in Pitkin County, Colorado, known as Iselin Park, the legal description of which is appended hereto as Exhibit A ("Property"); and WHEREAS, This Declaration is intended to formalize an agreement between the City of Aspen and Castle/Maroon Creek Caucus relating to proposed improvements to the Iselin Park area commonly referred to as the Iselin Park Master Plan. NOW THEREFORE, Declarant does hereby declare that the following terms, covenants, restrictions, uses, limitations, and obligations shall be deemed to nm with and be a burden on the Property, and any person or entity acquiring or owning an interest in the Property, and any improvements thereon, and their grantees, successors, heirs, personal representatives, devisees, and assignees. i. Flood lighting shall be prohibited for a period of three (3) years beginning on the date that the Iselin athletic fields are completed. After the three year period, if a special event or use is planned for the Property and flood lighting is requested, and such request is approved in advance by the City of Aspen, then temporary flood lighting of a non-perrcmaent nature may be used, No such temporary flood lighting shall be used between the hours of'10 p.m. and 7 a.m. No such event shah be scheduled to exceed 3 days in duration. The type and location of any such temporary lighting shall be approved in advance by the City of Aspen. 2. There shall be no use of public audio systems or loud speakers on the Property or affecting the Property except for special events scheduled and approved for the Property by the City of Aspen as part of a special events permit; provided, however, that no approval shall be granted for such use before 7:00 a.m. or after 10:00 p.m.; and, provided further, that any such use shall comply with the City of Aspen noise ordinance unless specifically exempted from the restrictions of the noise ordinance according to law. 3. The Iselin Park Master Plan indicates that an ice rink is to be constructed on the Property: The City shall not construct a second ice rink on the Property. In the event that the first proposed ice rink is not constructed, the City shall have the right in its sole discretion, following full public review as may be required by the City's Land Use Code and other provisions of its Municipal Code, to construct a facility or facilities for recreational uses only that are consistent with park uses; provided, however, that any other proposed use or uses shall have no greater on-site or off-site impacts than the proposed ice rink. 4. There shall not be any additional building(s) or structures constructed, erected or otherwise located on the Property, which is not identified in the Iselin Park Master Plan in effect as of the date hereof. The parties hereto understand that the Iselin Park Master Plan contemplates the construction of space for the Aspen Youth Center and employee unit(s) to accommodate two bedrooms. 5. There shall not be any expansion or construction of additional playing or practice field(s) on the Property that is not identified in the Iselin Park Master Plan in effect as of the date hereof. 6. Food service shall be limited to the area defined for such use in the Iselin Park pool/Ice Drawings. Any such food service shall be an ancillary service to both the park and pool/ice facility. Any such food service operator shall be limited by the lease agreement with the City to prohibit markefmg the food service to patrons outside of the park and pool/ice facility, The existing food service facility ("The Last Stand") shall be removed upon or before the opening of the new facility within the Iselin Pool/Ice facility. 7. The City shall ensure that sponsors of any events at the Property shall be responsible for ensuring that sufficient parking and appropriate transportation options are made available for the number of participants and spectators expected to attend such event. Sponsors of such events shall also be responsible for coordinating multiple events that may be scheduled at the Property at any given time. If a special event permit is required for any particular event at the Property, the City shall ensure that adequate park'mg and transportaflon is provided by the sponsor of the event prior to issuing a special events permit. 8. The City shall take all reasonable efforts to enforce parking regulations within its jurisdiction and to encourage the County to enforce parking regulations within its jurisdictional limits. 9. Any and all rules and regulations, which govern the use of the Property shall be posted in conspicuous locations on the Property and shall be written in both English and Spanish in a clear and conspicuous manner. 10. The City of Aspen agrees to keep at Iselin Park a minimum of (2) two tennis courts, which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals or modifications hereto. 1 I. This Declaration shall be effective for a period of ten (10) years beginning on the date that the facility receives a certificate of occupancy, and thereafter shall automatically renew for successive 1 year terms unless modified or terminated after public hearing and by appropriate authority of the City of Aspen having jurisdiction over this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date and year first above written. DECLARANT: The City of Aspen: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~, by Rachel E. Richards, Mayor of the City of Aspen. Witness my hand and official seal. My commission expires: . 4l~r JPW-O3/O5/2flOI-G:\john\word\agr\maroon.castle-cov.do¢