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Home My WebLink AboutLand Use Case.100 Puppy Smith St.0028.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0028.2009.ASLU PARCEL ID NUMBER 2737 07 3 00 801 PROJECTS ADDRESS 100 PUPPY SMITH ST PLANNER ERRIN EVANS~ 3-3,04 CASE DESCRIPTION ACES FILE MATERIAL - SPA REPRESENTATIVE ASPEN CENTER FOR ENVIRO DATE OF FINAL ACTION 17.2.09 CLOSED BY ANGELA SCOREY ON 1/14/10 Â¢a.val \D ;46 2737 -Â°1 r , -To c 1005Â· A-sLU Elle Edit Record Navigate FQrm Reports Format Tab Elelp |@@ ' / 3 9 *-1 -1 d- 14 4 , A O z] A 0 .le id 2 6 7 1 + 0/99 , 9 & -'~ ] Main ~ Yaluation | Custom Fields | Actions |Fees ~ Parcels ~ Fee 5ummarY |Sub termits |Attachments | Rogting Status | Routing 1 * Permit Type ~aslu ~~]Aspen Land Use Permit # ~0028.2008.ASLU Address ~100 PUPPY 5MITH ST g| Apt/Suite ~ City ~PEN state IEE-~ Zip |81611 g| Permit Information - ----- - Master Permit ~ .g| Routing Queue ~aslu07 Applied |05/29/2008 ._3 Project ~ g| Status ~pending Approved | Description ~ ACES FILE MATERIAL5 ON THE HALLAM LAKE SITE PLAN AND EMPLOYEE HOUSING Issued ~ -~ Final I Submitted ~HOLLAND & HART 925 3476 Clock FJE26- Days [-1 Expires |05/24/2009 iiI Owner - - Last Name |ASPEN CENTER FOR ENVIR(g~ First Name ~ PO BOX 8777 ASPEN CO 81612 Phone ~ 12 Owner Is Applicant? Applicant -- Last Name |ASPEN CENTER FOR ENVIRC @~ First Name ~ ~ PO BOX 8777 ASPEN CO 81612 . Phone ~ Cust # |28205 2 --Lender - Â·- --- Â·" -- - -- Last Name ~ .g~ First Name ~ .kÂ·~ Phone ~ ~ AspenG@d{bl ___ E@t ~ -I Rgord: J of 1__1 1931-07 3-00-70) 001-2 - 2 002 rAE>OLA 6 ~1\-4 c vo P e 0 606 424 14~ 0 1 4 \ L/% ~ xoqlooll[ sdnoig qe ..... JAN. 6. 2010 4:10PM PITKIN COUNTY CLERKS NO. 3636 P. 1 '.".' RECEPTION#: 565911, 01/0 010 at 11:05;35 AM, 1 OF 19, $96.00 Ii'll Janice K. Vos Caudill, __tkin County, CO ..... f... 9 Cof 844 3 99- 1 SPECIALLY PLANNED AREA AGREEMENT 6 (69 ) 1 EOR ASPEN CENTER FOR ENVIRONMENTAL STUDIES THIS SPECIA]d:I-PLANNED AREA AGREEMENT is made and entered into this 30_ day of %4#Rb., 2009, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the "City"), and the ASPEN CENTER FOR ENVIRONMENTAL STUDIES, WITNESSETH: WHEREAS, the Trustees of the Aspen Center for Environmental Studies (hereinafter referred to as "ACES") submitted an application (hereinafter "Plan") to the Community Development Department to rezone to the Academic zone district and to approve the Conceptual/Final Specially Planned Area Development Plan; and WHEREAS, the Applicant has requested approval of attached residential dwellings for faculty and students a text amendment to allow "attached residential dwellings" as a conditional use in the Academic zone district; and WHEREAS, the Applicant requested a GMQS Exemption to consurocr five deed-restricted affordable housing units for ACES employees in rwo new structures: a straw bale structure containing two one- bedroom units and a Utreehouse" structure containing three studio units. The structures will serve as a model for the community of environmentally sensitive housing; and WHEREAS, approximately 21.5 acres of ACES were annexed into the City of Aspen per Ordinance No. 7 of Series 1997; and WHEREAS, ACES consists of a total of approximately 25.5 acres; and WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures ser forth at Section 26.80.040(A) and 26,92,030 of the Municipal Code and did conduct a public hearing thereon on January 7,1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable Standards as contained in Chapter 26 of the Municipal Code, 10 Wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80-040(B) (Development in a SpeciaIJy Planned Area), the Planning and Zoning Commission recommended approval of the Final SPA Development Plan and the proposed map and text amendment by a vore of 6-0; and WHEREAS the Planning and Zoning Commission further granted Special Review approval for parking and Conditional Use Review approval for attached residential units; and WHEREAS, City Council further granted approval of the ACES Final SPA Development Plan and the proposed map and Iert amendment with Ordinance No. 6 of Series 1997; and ACE SPA Agreement Page 1 of 5 JAN. 6. 2010 4:1 OPM PITKIN COUNTY CLERKS NO. 3636 ?4 2 EXCEPTION#: 565911, 01/0 010 at 11:05:35 AM, 2 OF 19, Janice K. Vos Caudill, P in County, CO WHEREAS the City Council found thai ACES is a very unique institution which enhances our community by maintaining the Hallam Lake Nature Preserve and providing environmental education, and the designating the property as a Specially Planned Area benefits the city's residents and visitors by allowing flexibility to accommodate the variety ofuses which currently exist; and WHEREAS, the City Council found that the existing uses ar ACES are consistent with the purpose of the Academic zone district, "to establish lands for education and cultural activities with attendant research, housing and administrative facilities; and WHEREAS the City Council found that the housing units would be deed restricted in accordance with the housing guidelines, are compatible with surrounding uses and would have minimal impact on the land; and WHEREAS, the Ciry Council found the Plan to be consistent wirh rhe goals and elements of the Aspen Area Community Plan and the public welfare and the purposes and intent of Chapter 26 of the Municipal Code; and WHEREAS, the approvals granted herein are specifically conditioned upon City Council approval of said Petition for Annexation by Ordinance No. 7 Series of 1997, duly adopred by unanimous consent by City Council and recorded with the Pirkin County CIerk and Recorder, Reception No. 405578 on June 20, 1997; and WHEREAS, City Council approved Resolution 82, Series of 1997 granting a 1 80 extension for ACES to record the final plat and agreement: and , WHEREAS, The final SPA plat and agreement was not recorded within the specified time period as outlined in Ordinance 7, Series of 1997 and Resolution 82, Series of ] 997; and WHEREAS, Community Development staff provided a memorandum to City Council on November 9,2009 informing rhem that staff and ACES were working together to record the final plat and SPA agreement; and WHEREAS, City Council did not choose to call up the action for review. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of che SPA Agreement for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: The purpose of [his SPA Agreement is to set forth the complete and comprehensive understanding and agreement of rhe panics with respect co the execution of the SPA Development Plan and to complete the agreemenrs of the Ordinance No. 6 Series of 1997 to rezone ACES to the Academic zone district with conditional uses for the purpose of building affordable housing units, as stated above. 2. Effect: It is the intent of the parties that this SPA Agreement shaN effectively supersede alI previously recorded and unrecorded land use approvals for the ACES SPA and Academic zone district with conditional uses for the purposes of building affordable housing units. 3. Upon recording of the SPA Agreement and the Final Plat the City of Aspen will issue a Certificate of Occupancy for the Treehouse and Strawbale affordable housing units. ACES SPA Agreement Page 2 of 5 JAN, 6. 2010 4~11PM PITKIN COUNTY CLERKS NO. 3636 P. 4 ALCEPTLON#: 565911, 01/0 010 at 11:05:35 AM, 4 OF 19, Janice K. Vos Caudill, Pi - n County, CO amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: I f any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independenr provision and shall not affect the validity of the remaining portions thereo f; and WHEREAS, contemporaneously wirh the execution and recording of ihis SPA Agreement, City and ACES have executed and recorded the Final Plat in Plat Book 93 at Page / , and City and ACES have recorded the Final Development Plan as Reception no. 2<6,5 9/1- , both in the Office of the Clerk and Recorder of Pitkin County, Colorado. Exhibits included in this SPA Agreement: a. Exhibit A: Final Plat b. Exhibit B: Occupancy Deed Restriction and Agreement c. Exhibir C: Ordinance No, 6, Series of 1997 to approve the SPA Development Plan d. Exhibit D: Ordinance No. 7 Series of 1997 to approve the Annexation of Hallam Lake into the Ciry of Aspen e. Exhibit E: Resolution No. 82, Series of 1997 to extend vested rights IN WITNESS WHEREOF, the parties have hereunro set their hands and seals as of the day and year first above written, CITY: City of Aspen, Colorado, a Colorad Municipal corpo~lo 4*04/ Michael C I]6and, Mayor 1 Attes* ,tgUU'k--kr~(._- Kathryn S. K~01' City'Clerk APPROVED AS TO FORM: - -~.(0 1/1udiL -John Worcekier, City Attorney ACES Aspen Center for Environmental Studies, a Colorado non profit corporation By: 16Â« rL--f"* , Ken Ransford, Presi ent By: Michael Fox, Secretary ACES SPA Agreement Page 4 of 5 JAN. 6. 2010 4:11?M PITKIN COUNTY CLERKS NO. 3636 P 5 ruiumuTIVN#: 565911, 01/Of '10 at 11:05:35 AM, 5 OF 19, Janice K. Vos Caudill, Pi- n County, CO STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 9 The foregoing instrument was acknowledged before me this.1*- day of 13Â£Uthu/, 2009, by Mick Ireland as Mayor and Kathryn S. Koch as City Clerk of the CiTY of Aspen, Colorado, a municipal corporarion Witness my hand and official seal. , My commission expires: 4, Miry/Â®141 ' f %31<12 -i 1 - M,+ * ~ LOTHAN 1 3 (-*1,06*L ,/vÂ©wu.4./ Notar>4gj#lic fr STATE OF COLORADO ) 90 j ss. tit~/Cab~ U COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this (6 day of o ECEH g &?- 2009, by Ken Ransford, President of Aspen Center for Environmental Studies, a Colorado non profit corporation. Witness my hand and official sea]. i A My commission expires: 5 / //4 /,0 /=2. 6.. 1 8\5/. Cul 4/6.2*, 1 2 /-5- fi i 2 9 -iÂ£: D. 0 Notary Public -1.1. O . STATE OF COLORADO ) -74>............1 : <' I. 0 44 0 . ) SS. 11,%1" COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1 5 day of AL<>a'â€¢0~27, 2009, by Michael Fox, Secretary of Aspen Center for Environmental Studies, a Colorado non profit corporation. Witness my hand and official seal. My commission expires: clt,~ i-lf~0 - 1 , STATE OF COLORMO 1 Notary Pubiic LL.mIE.Bl&!L--1 40~M/*O.Egm,F* D.2012 ACES SPA Agreement Page 5 of 5 JAN. 6. 2010 4:11PM PITKIN COUNTY CLERKS NO. 3636 P. 3 RECEPTION#: 565911, 01/0 010 at 11:05;35 AM, 3 OF 19, Janice K. Vos Caudill, Pi. in County, CO Section 1: Pursuant ro Section 26.92.020 (Standards of Review) of The 1997 Aspen Municipal Code (now section 26.310.040), the City Council found the following in regard to the proposed map and text amendments. 1. The proposed amendments are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed amendments are compatible with surrounding zone districts and land uses, and will have a minimal impact on the natural environment. 3. The proposed amendments will promote the public interest and character of the City of Aspen. Section 2: Pursuant zo Section 26.92 of the 1997 Aspen Municipal Code (now section 26.310 of the Aspen Municipal Code), the City of Aspen Zone District Map is hereby amended to rezone the Aspen Center for Environmental Studies to the Academic zone district with a Specially Planned Area Overlay. Section 3: 1. The applicant and City Council shall enter into an SPA agreement binding the real property to any conditions placed on the development order approving the final development plan. 2. The final development plan, which shall consist of the site plan of the entire site; site improvement survey of the area being developed, including building footprints, Utilities, easements, and landscaping; building elevations: and the SPA agreement, shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Exhibit A 3. The final development plan shall be recorded prior to issuance of any Certificates of Occupancy for the proposed housing units. 4. The applicant shall accommodare pedestrians through rhe construction of a trail or sidewalk and provide for adequate drainage along the Portion of Puppy Srnith Street adjacent to the property, prior to issuance o f a Certificate of Occupancy for the new dwelling units. 5. The applicant shall join any improvement districts chat are formed for the purpose of , construction improvement in adjacent public rights-of-way. 6. All material representations made by the applicant in the application ancl during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended; and Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or ACES SPA Agreement Page 3 0 f 5 JAN, 6. 2010 4:11?M PITKIN COUNTY CLERKS NO. 3636 P. 6 RECEPTION#: 565911, 01/0 010 at 11:05:35 AM, 6 OF 19, Janice K. Vos Caudill, Pi...in County, CO Aihi W E OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR FIVE EMPLOYEE DWELUNG UNITS APPROVED PURSUANT TO ORDINANCE NO. 6, SERIES OF 1997 THIS AGREEMENT Is made and entered into this 8th day of August, 1997, by Thomas Cardamone, Director of the Aspen Center for Environmental Studies (ACES). ACES shall be referred to as "Owner", whose address is 100 Puppy Smith, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multiiurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority'). WITNESSETH WHEREAS, Owner owns real property more specifically described in Exhibit A-, attached hereto (hereinafter referred to as ~Real ProperÂ¥), which Real Property shall include a Straw Sale Building which shall contain two one-bedroom units; and a Tree House Building, which shall conlain three studio units (hereinafter *Employee Dwelling Units'), approved by the City Council of the City of Aspen, pursuant to Ordinance No. 6, Series of 1997). For purposes of this Agreement, the Employee Dwelling Units, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes oertain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Units to employees and their families who are employed in Pltkin County and meet the qualification guidelines established and Indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obljgations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Employee Dwelling Units described above shall at all times remain a rental unit and shall not be condominiumized. 2. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for Category 2 employees and their families who are employed in Pitkin County and who meet the dellnition of "a Category 2 employee" as thal term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. Owner shall have the right to lease the Employee Dwelling Units to 'quallfied Category 2 employees" of his/her own seledion, Such individuals may be employees of the Owner, provided such person(s) fulfills the requirements of a qualified Category 2 employee. 3. The Employee Dwelling Units shall not be occupied by the Owner or members of the Immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children) nor shall the Employee Dwelling Units be used a guest house or guest facility. 111111111111111111 lilli lili lilli 1111111111 lilli lili lili 408647 09/22/1997 10: 289 DEED RES DAVIS SILVI 1 of 4 R 21.00 0 0.00 N 0.00 PITKINCO COLORADO JAN, 6. 2010 4~11?M PITKIN COUNTY CLERKS NO. 3636 ALLÂ£.Fl.LUNE: 565911, 01/0 )10 at 11:05:35 AM, 7 OF 19, Janice K. Vos Caudill, P in County, CO 4. Written verification of employment of employees proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Units PRIOR to occupancy thereof, and such verification must be acceptable to the Authority. 5. The maximum rental rate shall not exceed the Category #2 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the units on the date of execution of this deed restriction is $609 per month forthe studio units and $715 per month for the one- bedroom units. Rent shall be verified and approved by the Authority upon submission and approval of the lease. 6. This Agreement shall constitute covenants running with the Real Properly as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the City Coundl of Aspen, Colorado. and their respective successors, as applicable, by any appropriate legal action Including, but not limited to, injunction, abatement, or eviction of non-quallned tenants. 7, This Agreement further guarantees compliance by requiring the O,mer to abide by tile deed restriction or be subject to the penalty for violations of code, continuing violalions and/or default as stated in Section 1.04,080 of the City of Aspen Municipa/ Code. IN WITNESS HEREOF, the parties hereto have executed this Instrument on this date and year above first written. OWNER: fhomas Cardgfbone, Director. Mailing Address: Aspen Center for Environmental Studies 100 Puppy Street Aspen, CO STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this z~~day of August, 1997, by Thomas Cardamone, Director for the Aspen Center for Environmental Studies.. WITNESS MY hand and official seal. My Commission expires: 688: 20, 14* A 90(f/Â» Notai y r uw,16 . J i ,PUBL\Oci MYCONIASSIONEXPIRES' UEPTEMBER 20,1999 . 111111111111111111 11111 lili lilli 1111111111 lilli lili lili 408647 09/22/1997 10:28A DEED RES DAVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKINCO COLORADO JAN. 6,2010 4:12PM PITKIN COUNTY CLERKS NO. 3636 P. 8 RECEPTION#: 565911, 01/0 010 at 11:05:35 AM, 8 OF 19, Janice K. Vos Caudill, 21 -in County, CO ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and Its terms are accepted by the Aspen/Pitkin County Housing Authority. By: 71ycl,/ 1, "c.. Flank Peters. 94Ce Chairperson STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before rne this ]1 day of August, 1997, by Frank Peters, Vice Chairperson. WITNESS MY hand and official seal. .,1 My Commission expires: 1 ' 7.2 --02 r & U b 9:Ac. /lit=~ 1 Notary Public V 9~ Tlfte Col o'i~60 11111111111111111111111 lili lilli 1111111111111111111 lili 408647 09/22/1997 10: 28A DEEP RES DAVIS SILVI 1 .Â¢ 4 R 21.00 D 0,00 N 0,00 PITKINCO COLORADO ..ych Blvly S 0 36'B&6 JAN. 6.2010 4:12PM PITKIN COUNTY CLERKS NO. 3636 P. 9 RECEPTION#: 565911, 01/0(- 10 at 11:05:35 AM, 9 OF 19, Janice K. Vos Caudill, Pi n County, CO EXIZIBIT A Legal Description of tile "Mushroom" Properly A traci pfland siluated in the Cily of Aspen, Counlit of Filkin, Stale of Colorado, being more fully described as follows: I?ARCEL.I Beginning at the Northwest corner or Lol 1, D lock 2, Laker'jew Addition, according to thc plat thereof recorded in Plat Book 2 at Page }3; thence S 79' 1 1'00" E 6 1,83 feet [hence S 20'21'30" W 100.00 feet: thence S 79'11'00" E 61.84 feet; thence N 20'21'30" 8 100,00 feet; lhence S 79'11'00" E 70,92 feet; thence S 20'21'30" W 100.Of) feet, thence S 79'11'00" E 114.06 feel: tlience S 40'53'00" W 231.63 feel; thence S 81'19'30" W 84.30 feel; [hence N 43'03'30" W 34.00 feet; Ihence N 16Â°30'00" W 127.00 feel; thence N 17'45'00" E 125.00 feet; ttionce N 09*25'00" W 74.87 lo (he point of beginnitrg, Tlic above described properly consists o[ the following parcels in the Lakevicw Addil;on: Lats 6,7,8,9, 10,11 and 12, Block I; . Lois 1,2,5,6,7,8,9,10, J 1 and 12, Block 2; Thal portion of Lake Avenue lying souchelly of Smuggler Street (now Poppy Smith Street), as and to the extent vacated by City of Aspen 01-ditiance Number 3, Series of 1953, and by Pilkin County Board of County Commissioners' Resolution recorded June 24, 1955 in Book 180 at Page 376; BARCELII A parcel of land contiguous to Parcel 1 on ils Weslerly boundary, being that porlion of Nonh Aspen Streal lying nor[Ilerly of Hailam SI reel lo the nor-Cherly cily limils of the Cily of Aspen and lying westerly of BIock 2, Lakeview Addition, as and to Ilic extelit vacated by Cily of Aspen Ordinance Number 3, Series of 1953, and by Pilkin County Board of Counly Commissioners' Resolution recorded June 24,1955 in Book 1 80 M Page 376, excepling therefrorn ilial portion of snid vacated street conveyed to The Regents of (he Uhiversity of Colorndo by cleed Itcorded in Book 256 al Page 877. PARCE&]U A parcel of Jand conliguous lo Parcel I on ils ensicrly botindiuy, being a strip of land twenty (20) feet in width weslerly of an existing chain liok fence, lying between Parcel I and the Tmeman Neighborhood Commercial Projec[. - 1111111111111111111111111111111111111111111111111111111 408647 09/22/1997 10:28A DEED RES DAVIS SILVI May 3. 1993 4 of 4 R 21.00 D 0.00 N 0,00 PITKINCO COLORADO Il 1. 386966 B-798 P-377 11/01/95 04: 30P PG 5 OF 5 JAN. 6, 2010 4:12?M PITKIN COUNTY CLERKS NO. 3636 P. 1 0 KECEFTION#; 565911, 01/0 )10 at 11:05:35 AM, 10 OF 19, Janice K. Vos Caudill, Pi in County, CO Exhi bit o /04-~A-U 56 5 644 Â·Â· AN ORDINANCE OF THE CITY COUNCIL OF TRE CITY OF ASPEN, COLORADO, TO APPROVE THE CONCEFrUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN AND TO REZONE THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES (ACES) TO THE ACADEM[C ZONE DISTRICT, TO AMEND CHAFTER 26 OF THE ASPENMUNICIPAL CODE TO WIT SECTION 26.28.230(C)(1), CONDITIONAL USES IN THE ACADEMIC ZONE DISTRICT, AND TO APPROVE AGMQS EXEMPTION FOR AFFORDABLE HOUSDNG ORDDIANCE No. 6, SEIUES OF 1997 WHEREAS, rhe Trustees of the Aspen Center for Environmental Studies (hereafter "Applicant") submitted an application (hereafter Uplan") to the Community Development Department to rezone lo the Academic zone district and to designate the property as a Specially Planned Area (SPA); and WHEREAS, the Applicant has also requested approval of a text amendment to allow "attached residential dwellings" as a conditional use in the Academic zone district; and WEEREAS , the Applicant has also requested a GMQS Exemption to construct five deed- - restricted afFordable housing units for ACES employees in Mo new structures: a straw bals structure containing two one-bedroom units and a "treehouse'; structure containing three studio units. The structlu-es are also intended to serve as a model for the community of environmentally sensitive employee housing; and WEIEREAS, approximately 4 acres of ACES is located wirlin the City of Aspen and the remaining 21.5 acres are located immediately adjacent to the City of Aspen in the AFR-10 zone district; and WE[EREAS, the City Councils by Ordinance No. 7, Series of 1997, at irs regular meeting on February 24,1997, did approve the Hallam Lake Annexation. WHEREAS, the Planning Biid Zoning Commission reviewed the Man in accordance with those procedures set forth at Sections 26.80.040(A) and 26,92.030 of the Municipal Code and did conduct a public hearing thereon on January 7, 1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26,92.020 JANI 6.2010 4:12?M PITKIN COUNTY CLERKS NO. 3636 P. 11 RECEPTION#: 565911, 01/0 )10 at 11:05:35 AM, 11 OF 19, Janice K. Vos caudill, Pl __in County, CO WHEREAS, the Planning and Zoning Commission reviewed the Man in accordance with those procedures set forth at Sections 26.80.040(A) and 26,92.030 of the Municipal Code and did conduct a public hearing thereon on January 7,1997; and WELEREAS, upon review and consideration of the Plan, agÂ©ncy and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned Area), the Planning and Zoning Commission has recommended approval of the Final SPA Development Plan and the proposed map and text amendment by a vote of 6-0; and WHEREAS , thÂ© Planning and Zoning Commission further glanted Special Review approval for parking and Conditional Use Review approval for attached residential units; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of'thÂ© Municipal Code as identified herein, has reviewed and considered those recommendations - and approvals as granted by the Planning and Zoning Commission, and has taken and consideled public comment at a public hearing; and WHEREAS, the City Council finds that ACE is a very unique institution which enhances our community by maintaining the Hallam I,ake Nature Preserve and providing environmental education, and that designaing the property as a Specially Planned Area benefits the city's residents and visitors by allowing flexibility 10 accommodate the variety of uses which currently exist and WHEREAS, the City Council finds that the existing and proposed uses at ACES are consistent with the purpose of the Academic zone districi Uto establish lands for education and cultural activities with attendant research, housing and administrative facilities"; and WHEREAS, the City Council finds that proposed housing units will bc deed-restricted in accordance with the housing guidelines, are compatible with surrounding uses and will have a minimal impact on the land; and 2 JANI 6 2010 4 32PM PITKIN COUNTY CLERKS NO. 3636 P. 12 RECEPTION#: 565911, 01/04 )10 at 11:05:35 AM, 12 OF 19, Janice K. Vos Caudill, Pi _in County, CO WHEREAS, the City Council finds that the Plan is consistent with the goals and elements of the Aspen Area Community Plan and with the public welfue and the purposes and intent of Chapter 26 of the Municipal Code; and WHEREAS, the approvals granted herein are speoifically conditioned upon City Council approval of said Petition for AnnÂ¢xation by Ordinance duly adopted. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TNE CITY OF ASPEN, COLORADO: Sectimi 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the proposed map and text amendments: 1. Tbe proposed amendments arenotin conflictwith the provisions ofChapter 26 of the Municipal Code or [he Aspen Ana Community Plan. 2. The proposed amendments are compatible with surrounding zone dismicts and land uses, and Will - have a minimal impact on the natural environment, 3. The proposed amendmenm will promote the public interest and character of the City of Aspen. Section 25 Pursuant w Section 26.92 oftbc Aspen Municipal Code, the City of Aspen Zone District Map is hereby amended 10 rezone tbe Aspen Center for Environmental Studies to the Academic zone district with a Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A. Sectial: Section 26.28.230(C)(I), condirional uses in the Academic zone district, is hereby amended, which text shall read as follows: Boardinghouse. dormitory, and artoched residential dwellings for housing students mdfaculry of schools and other academic instilutions. Section 4: Pursuant to the findings set forth in Section 1 above, the City Council's approval of the Plan is subject to the terms and conditions of said Annexation Agreement and upon adoption by the City Council of an Annexation Ordinance annexing the subject property to the City of Aspen; and subject to the following conditions: 3 JAN. 6,2010 4:12PM PITKIN COUNTY CLERKS NO. 3636 P. 13 ALUEFT.LON#: 565911, 01/0 010 at 11:05:35 AM, 13 OF 19, Janice K. Vos Caudill, P_ _.-in County, CO 1. The applicant andthe City Council shall enterinlo an SPA agreemem binding the real pmperty to any conditions placed on the development order approving the final development plan. 2. The final development pim, which shall consist of the site plan of the entire site; site improvement Survey ofthe area being developed, including building footprints, utilities, easements, and landscaping; building elevations; and the Specially Planned Area GPA) agrament. shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to thÂ© development order, their successors and afsigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to rec9rd the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by city oouncil shall renderthe plan invalid. Reconsideration of the final development plan and SPA agreement by the commission and ciry council will be required before its acceptance and recording. 3. The final development plan shall be recorded prior to submission of any building permits for the proposed housing units. 4. The applicant shall construct sidewalk, curb and gutter along the portion of Puppy Smith Street adjacent to the property, prior to issuance of a Certificam of Occupancy for the new dwelling units, or shall enter into an agreement with the City Engineer to construct sidewalk, curb and gutter, or appropriate alternate facilitics, at such time in the future as deemed appropriate by the City Engineer. 5. At building permit submirtal, the applicant shall provide a letter from an enginecr registered in rhe State of Colorado stating that the property can absorb all additional drainage created by the new development without undue impact on the municipal storm sewer system. 6. The applicant shall join any improvemenr districts that are formed for the purpose of construgting improvements in adjacent public rights-of-way. 7. Prior to the issuance ofany building permits, the applicant shall deed restrict the units to the Category 2 guidelines. ACES shall have first choice to rent the units to their employees. 8. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department, prior ro issuance of are building permits 9. Prior to issuance of a Ccnificate of Occupancy, Community Development and Housing staff shall inspect the units to ensure compliance with the conditions of approval. 10. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless olhervvise amended. Sactionit This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 4 JANI 6.2010 4:12PM PITKIN COUNTY CLERKS NO.3636 P. 34 RECEPTION#: 565911, 01/0 )10 at 11:05:35 AM, 14 OF 19, Janice K. Vos Caudill, Pl -_in County, CO Sectiwdi: If any section, subsection, sentence, clause, phrwe, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect dle validity of the remaining portions thereof. Sectionl: A phblic hearing on the Ordinance shall be held on the 24th day ofFebruary, 1997 ,at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 8: This Ordinance shall nor become efFective unless and until the City Council approves the Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Asperi on the 27th day of January, 1997. 9-0 (3-34- John *nnett, Mayor Arrest: faÂ«â€žo >44*_ Kathryn S. I#h, City Clerk FINALLY adopted, passed and approved this 24th day ofFebruary, 1997. 16- {3-,-,J,~ John Barnett Mayor 1*1Â« Knaryn S. K#< City Clerk suzannew\aspen\casey\spa\aces\ord.doc 5 JAN. 6. 2010 4:12PM PITKIN COUNTY CLERKS NO. 3636 P. 15 ALL=.211UN#. 5639111 01/C 010 at 11:05:35 AM, 15 OF 19, Janice K. Vos Caudill, P_ __in County, CO achibit b ORDINANCE NO. ~-- (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE ~HALLAM LAKE PARCEL" ANNEXATION. WIIEREAS, on November 18, 1996, the Aspen Center for Environmental Studies did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney ' s Office and the City Engineer and found by them to contain tile information prescribed and set forth in Â§31-12-107, C.R.S.: and WIIEREAS, the owners of one hundred percen[ (100%) of che area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution (Number 69, Series of 1996) at its regular meeting on November 25, 1996, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of Â§31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 4, Series of 1997) a[ irs regular meeting on January 1, 1997, did find and determine, following a public hearing, said Petition for Annexation to be in substanrial compliance with Â§ 31-12-105, C.R.S.; and WHEREAS, tbe City Council does hereby find and determine that approval of the aunexation of said territory to be in the City' s best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1111111 lilli mil lilli lili 111111111111.111 lilli lili lili 485578 06/20/1117 03: 11P ORDINANCE 1 of 3 R 18.00 0 0.00 N 0.00 PITKLIN COUNTY CLERK JAN. 6. 2010 4:13 PM PITKIN COUNTY CLERKS NO. 3636 P. 16 ANCEPrleN#: 565911, 01/0 010 at 11:05:35 AM, 16 OF 19, Janice K. Vos Caudill, Pi...in County, CO Sifi=1 - That the Imer of land described in the Petition for Annexation, commonly referred to as the " Hallam Iske Parcel", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Smijon 2. The Cicy Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexanon ordinance in the o ffice of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the CIerk and Recorder of Piudn Counly IO file one cerrified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section-3. The City Engmeer of the City of Aspen is hereby directed to amend the Officia] Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexition ordmance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. S~QILS, That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and [he same shall be conslrued and concluded under such prior ordinances. 1 â€¢1111111111111 lilli lili 111111111111111 lilli lili lili 405578 06/20/1197 03: 11/ ORDINANCE 2 of 3 R 16.00 D 0.00 N 8.00 PITKIN COUNTY CLERK 2 JAN, 6. 2010 4:13PM PITKIN COUNTY CLERKS NO. 3636 P. 18 aLCEPTioN#: 565911, 01/0 010 at 11:05:35 AM, 18 OF 19, Janice K. Vos Caudill, P___in County, CO Ex*Wj- E RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A 180 DAY EXTENSION OF THE DEADLINE FOR THE ASPEN CENTER FOR ENVIRONMENFAL STUDIES (ACES) TO RECORD THE FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN AND SPA AGREEMENT Resolution No. 97-~20 WHEREAS, pursuant to Section 26,80.040 of the Aspen Land Use Regulations, an applicant is required to record the final SPA development plan and SPA agreement within 180 days following approval of the plan by the Aspen City Council (hereafter "Council'9, or the plan is rendered invalid; and WHEREAS, on Februm 24, 1997, pursuant to Ordinance No. 6, Series of 1997, the Council approved the ACES 821 SPA plan; and WHEREAS, the ACES fnal SPA development plan and SPA agreement were not recorded within the required 180 days; and WHEREAS, ACES has requested a I 80 day extension from the date of expiration to finalize and record the required doooments; and WHEREAS, the Council considered the applicant's request fora 180 day extension of the _ ' recording deadline at a regular meeting onNovember 10, 1997, and approved it by a_- _ vote. NOW, THEREFORE BE IT RESOLVED by the City Councillhm a 180 day extension from the original deadline (August 24, 1997) for recording the ACES final SPA plan and agreement be approved, subject to the following conditions: 1. The applicant shall record the final SPA development Mao by February 24,1998. The final development plan, which shall consist of the site plan of the entire site; site improvement survey ofthe area being developed, including building footprints, u~Iities, easements, and landscaping; building elevations; and the Specially Planned Area (SPA) agreement, shall be recorded in the office ofthe Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, md shall consrintte the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions ser forth on the final development plan and SPA agreement. Failure on thepart of the applicant to record the flnal development plan and SPA agreement by the deadline stated above shall render the plan invalid, and reconsideration of the final development plan and SPA agreement by the commission and city council will be required before its acceptance and recording. 2. Atl material representations made by the applicant in the application and during public meetings with City Council shall be adhered m and are considered conditions of approval, unless otherwise amended by other condidons, JAN, 6, 2010 4:13PM PITKIN COUNTY CLERKS NO. 3636 KECEFTION#: 565911, 01/C 010 at 11:05:35 AM, 17 OF 19, Janice K. Vos Caudill, P_..-in County, CO A public hearing on tile ordinance shall be held on the 92â‚¬~day of 446LÂ·cajr1997, in the City Council Chambers, Aspen City HalI, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBUSHED as provided by law by the City Council of the City of A~en on the _~ day of ~~~UL/ , 1997. ..i AJF'' John S. Bennett, Mayor 0 '' ATTEST: 4 it 41Â· i i..224, :rimfilrit"0.- '~-]0*d t: *ch, City Clerk FINAUY adopted, passed and approved this.:5*f day of , 1997. 0 (UL /3-5â‚¬- , .f 4 5/ John i Bennett, Mayor ; ATIEST: rI BAL 2.43 244- Ka*kA S: 10&, City Clerk 1111111 Hill mil lilli 1111111111111111111 lilli lili lili 405578 00/20/1/07 03: 11P ORDINANCE 3 of 3 R 18.00 D 0,00 N 0.00 PITKIN COUNTY CLERK billim. Drd JAN. 6. 2010 4:13?M PITviN COUNTY CLERKS NO. 3636 P. 19 RECEPTION#: 565911, 01/0 010 at 11:05:35 AM, 19 OF 19, Janice K. Vos Caudill, Piucin County, CO APPROVED bythe City Council at its regular meeting onNovembet: 10,1997. Attest: Mayor: bit l Kathryn Ko# City Clerk 2 PLANNING & ZONING COMMISSION JANUARY 7, 1997 occupancy restriction be placed upon the ADU now for future development. Hoefer said that from a purely legal point of view, you cannot require them to add that condition, so the applicants are entitled to go jbrward with approval, if they so choose. Garton agreed with Hoefer, and shared Tygre's concern on re- development when the FAR bonus would be required. MOTION: Bob Blaich moved to approve the conditional use for an ADU at 820 Bonita Drive with the conditions as outlined in the "Community Development Department Memo dated December 10, 1996" furthermore, the applicant must provide proof of occupancy in that bandit unit prior to 1988. The applicant shall cease diversion of water to the pond from the ditch unless proof of water rights are provided to the City Water Department. Dave Johnston seconded. MOTION PASSED 4-2. Blaich, Johnston, Mooney and Tygre in favor, Buettow and Garton opposed. Hoefer explained the proof of occupancy should be an affidavit from a previous owner or tenant. Tygre asked for clarification on when the new ADU regulations would take hold. Clauson explained the only time the change would take effect would be when re-development occurred requesting the FAR bonus. Tygre commented that the recommendations based upon the conditions of the 12/10/96 Community Development Memo do not necessarily all apply and wondered if that would cause problems later on for the Board. Hoefer did not think that it would. Blaich pointed out that the 12/2/96 Engineering Memo from Ross Soderstrom requested the water rights issues be resolved and that wording should be added to the motion. Wolff added condition #9. from the Water Department. 7he applicant shall cease diversion ofwater to the pond from the ditch unless proof of water rights are provided to the City Water Department. PUBLIC HEARING: ACES CONCEPTUAL/FINAL SPA, REZONING TEXT AMENDMENT, GMQS EXEMPTION, SPECIAL REVIEW & CONDITIONAL USE Sara Garton opened the public hearing and David Hoefer. Assistant City Attorney, stated the Notice met the legal requirements but the list of adjacent property owners was not attached and requested the applicant submit the list at a later date. 6 PLANNING & ZONING COMMISSION JANUARY 7, 1997 He said the Board had jurisdiction to proceed. (For the record, the list was delivered to the IDeputy City Clerk on 1/22/97 by Suzanne Wolff). Garton introduced Tom Cardamone and Al Dietch representing ACES. Suzanne Wolff, Staff, stated that the Trustees requested amendments for the property. She said they want to accommodate the uses which exist on the property and construct some housing for employees on the property. The Trustees want to annex into the City, rezone to the Academic Zone District and designate the property as SPA (Special Planned Area). Wolff said the application stated their philosophy -To design and build an educational model for environmentally sensitive employee housing recognizing the importance Of enhancing the natural surroundings for both human and animal habitat." She explained there are 5 affordable housing units incorporated into 2 structures: a straw bale structure with 2 one-bedroom units and a "treehouse" structure using conventional green construction techniques will contain 3 studio units. The existing historic professor house is being retro- fitted for energy efficiency, and the surrounding land (the meadow) is also being rehabilitated. She noted 4 acres of the property is currently within the City and the reaming 2192 acres are proposed to be annexed. (The annexation is separate from this application.) Wolff stated the reviews requested for specific approvals: rezone to academic, a consolidated conceptual Final SPA Development Plan, lext Amendment m allow "attached residential dwellings" as a Conditional Use in the Academic Zone District, Conditional lise Review for attached residential dwellings, GMC_?S Exemption.fbr Affordable Housing and Special Review to establish the off-street parking requirement. Wolff noted that much of the criteria is redundant and the issues that come up are the consistency with the Aspen Area Community Plan and with the intent of the Academic Zone District they are creating affordable housing to maintain the work- force in our community (which also reduces automobile impacts). The Hallum Lake Nature Preserve (much cherished open space in town) will be maintained. Wolff said the structures will serve as a model for energy conservation. The existing uses are consistent with the intent, permitted and conditional uses in the Academic Zone District. The compatibility with the area neighborhood and surrounding uses will enhance that campus atmosphere. Wolff explained the units have been designed to have a minimal impact on the land as part of ACES philosophy. The new structures will be in an area where there are existing structures and parking area minimally visible from Hallum Lake. ACES is proposing to rehabilitate the meadow for open space. The Trustees restricted the footprints and square footage of the structures. The straw bale structure is limited 7 PLANNING & ZONING COMMISSION JANUARY 7, 1997 to an 800 sf footprint with 1,000 sf of floor area. The treehouse is limited to a 450 sf footprint with also 1,000 sf of floor area and will not exceed 28' in length. The treehouse is located directly on the property line with the Given Institute (the Given buildings are alllocated above this area). Wolff noted there is an informal trail there (not a dedicated one) and staff recommends moving the treehouse at least a couple of feet away from that property line for future use of that trail. Wolff explained the public facilities seemed to be adequate and Aspen Sanitation was reviewing the application. The Water Department waived water tap fees for affordable housing projects. There was no requirement for parking in the Academic Zone District, but code required 1 parking space per unit for a studio or one-bedroom unit. They show four spaces on the site plan but there would not be a problem providing one additional space plus they are creating additional spaces in the existing parking lot. Wolff said ACES will deed restrict the units to Category 2 Housing Authority Guidelines. Housing requested that the units be rented to other employees of the County if there were not enough ACES employees that would qualify for this housing under the deed restriction. She said that in order to be exempt from Growth Management the units have to be deed restricted. Steve Buettow asked ifthe overhead wires were intended to be put underground. Dietch stated Holy Cross provided transfonners in the area and the lines will be removed and placed underground. Gallon asked why the Academic Zone was chosen and not the Conservation Zone. Wolff said the existing education center is consistent with the Academic Zone. Stan Clauson, Planning Director, stated the Conversation Zone supports one dwelling unit per parcel which is not consistent with these small employee housing units. Clauson said the Academic Zone also supported the activities of ACES. Wolff stated the purpose ofthe Conservation Zone District: is to provide areas of low density development to enhance public recreation, conserve natural resources, encourage the production of crops and animals, and to contain urban development. Gallon commented that according to Mrs. Paepcke's Deed the property stays mostly natural and a preserve. She would hate to see more and more academic buildings creeping into the parcel. She said Paepeke' s gift "Exhibit A" stipulates that only ACES employees and faculty can live in there. Gallon asked the condition from Housing be removed becaiise it goes against Mrs. Paepeke' s Gift. 8 PLANNING & ZONING COMMISSION JANUARY 7, 1997 Garton asked that Chuck Roth, Engineering, look at the request for sidewalks which would urbanize the area and does not need that "hard edge". Wolff stated the way the condition is worded, it is not required at this time, but leaves it open for the future. She also discussed this with Cindy Houben, to create a trail that would connect with the Rio Grande Trail or something to provide pedestrian access other than the street. Gallon did not wanted the standard language "sidewalk" to be included in the conditions. Al Dietch had the same concerns. Tim Mooney asked the number of employees. Cardamone answered that over the course of a year as many as thirty, but twelve full time equivalents. He said 6 winter naturalists work the snowshoe and ski programs along with 4 educators working in the schools. Cardamone said the summer has about 12 interns (3 months) and professors coming and going (1 or more each week). Mooney asked if the occupancy would be long term or short term. Cardamone answered "yes" meaning the "straw bale" building would house the full-time program directors and professors would occupy the "professor house" in the summer and educators or naturalists in the winter. Cardamone noted much time was spent matching the long and short term housing needs to the buildings. Garton stated the numbers would benefit ACES needs to Council and for the Public to clearly see the need for this housing on the campus. Cardamone said the forest service now pays ACES with housing on a year round basis with 6 bedrooms for the winter and 3 in the summer. Mooney said the point that should be made is the mitigation of existing employee needs. Dietch explained, as past president of ACES for 12 years and a fortner staff member, tonight's public hearing is the culmination of meetings over the last 5 years. He said Mrs. Paepcke gave the entire twenty-five acres to ACES and this last 1 1% acres was gifted in her will. They began planning while Mrs. Paepcke was still alive and after they received the last piece it took two more years of planning to get to this point. Dietch said the Trustees had the same concerns raised tonight and are determined to house as many of their people as possible on site. He noted ACES bought a 3 bedroom unit at Hunter Creek but the Trustees imposed very restrictive goals on the property. This is why the buildings are as small in footprints as possible and house as few people as possible. They want to devote the rest of the property for what it is intended to be a nature preserve. He noted the Trustees do not want to increase any more housing and the deed restriction in the will needed to remain. Dietch suggested adding condition #8 from the Community Development Memo: Prior to the issuance of any building permits, the applicants shall deed restrict the units to the Category 2 guideline and offered some suggestions for some of the conditions. Cardamone stated that they are not just a lot in town but ACES is a unique place. His concern was the placement by the Housing Authority alone therefore, the occupancy of units should be determined jointly (by ACES and the 9 PLANNING & ZONING COMMISSION JANUARY 7, 1997 Housing Authority) and in the event of a dispute the issue would be taken before City Council for resolution. Gallon asked if the Board or City had the right to go against the intent of the "gift" She said from the deed ( Exhibit A TO QUITCLAIM DEED, paragraph A) the housing is for employees and faculty of ACES. Hoefer said that could be resolved but if the Board did approve something that went against the Paepcke will, it could be rectified at a later date. Clauson said that the language could be taken out but Council does not have the role in any code book to resolve a dispute. Garton stated that it met GMQS, Wolff stated that it was a suggestion and not a requirement. Blaich asked where the employees were being housed now. Cardarnone replied the rooms with the forest service, the "chicken coop" (which is inadequate),the professor's house and he and his family live on site. Blaich asked what will happen to the forest service housing. Cardamone answered the forest service has strict regulations about the housing. Al Beyer, Public, stated the forest service cutbacks caused the opening of that housing. Mooney thought they would want to house as many employees as possible on site rather than committing. Garton commented that several approvals are being considered tonight. Bilettow asked if there was a problem moving the building away from the property line. Al Beyer, Architect, stated the buildings are 5' from tile property line. Gallon said that condition #8 would probably be deleted and asked if there would be a problem with Category 2. Dietch stated that Category 2 would be fine. Cardarnone asked about the curb and gutter language. He said the City had an independent Engineering survey of Puppy Smith done and included a non-paved pathway from the Rio Grande to ACES entry. Garton asked the word sidewalk be changed to walkway. Clauson said the sidewalk is only to the stone pillars and not past. Cardamone stated the non-urban walkway is the approach they want to take. Hoefer stated the walkway language would be okay. Clauson said much of the language is "boiler plate" and Wolff agreed after discussing with Chuck Roth, Engineering. Clauson stated the language of condition #4 should read sidewalk, curb and gutter or appropriate alternate facilities. Dietch said the understanding for the drainage mitigation plan was so the storm sewers were not over loaded by ACES property. He noted that the storm sewer runs through ACES property without a drain into Jenny Adair Pond. Dietch asked if a letter from an Engineer would mitigate the water run-off from the buildings which will go into Hallum Lake. He said the expense of an Engineer to do a study would seem useless since the water would not go into that storm drain anyhow. Garton asked Clauson for suggestions on #5. Wolff read the applicant shall provide a letter from a registered Engineer that the properly can absorb all 10 PLANNING & ZONING COMMISSION JANUARY 7,1997 additional drainage created by the new development without undue impact on the municipal storm sewer system. Fred Pierce, President of ACES, stated for the project to get through the gauntlet of the Trustees speaks of the merits of this project. Blaich asked the status of the little house and thought that it could be cleaned up with some character added to it. Dietch stated the house is occupied by a City electrician. Cardamone noted ACES had leased this house from the City for about 9 years but when the City needed emergency electric response, the City employee moved into this house. Dietch said that when the new Water Place employee housing is complete, this employee will be housed there. He said the way that property is now, detracts from ACES and the Rio Grande trail. MOTION: Jasmine Tygre moved to recommended approval of the ACES Conceptual/Final SPA development plan, rezoning to the Academic zone district, and text amendment and recommend approval of the conditional use review for attached residential units and special review for parking subject to the conditions in 01/07/97 Community Development Memo as amended in 01/07/97 Meeting with the addition of condition #12. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. Bob Blaich seconded. ALL IN FAVOR, MOTION PASSED. PUBLIC HEARING: LAND USE CODE AMENDMENTS and CLARIFICATIONS Sara Garton opened the public hearing. David Hoefer, Assistant City Attorney, stated the proof of notification should be provided to the City Clerk's Office. Mary Lackner, Staff, commented that the 01/07/97 Memo identified the 14 Code Amendments. Lackner said most were explained in the memo and #14 was the only new amendment for outdoor lighting standards. Clauson explained this amendment does not effect street lighting but rather private homes shinning lights onto the outside ofthe home and into the landscape or river. Hoefer noted Council has 11 \ â€¢ Growth Management Review for Exemption for an increase in commercial net leasable area of 386 square feet pursuant to Land Use Code Section 26.470.080 (1). (The Planning and Zoning Commission is the final review authority. who may approve. approve with conditions. or deny the proposal). For affordable housing - check status, prof house may not be deed restricted - are all units deed restricted? Supposed to be category 2 units- ACES has first choice â€¢ A subdivision occurred in lakeview addition Vacation of right-of-way for puppy smith completed? Dimensional Are buildings on or near property lines? Still require a land swap? Need a survey combined with a draft plat to be recorded Where is SPA Agreement The final development plan shall consist of - A site plan of the entire site - Site improvement survey of the area that is now developed o Include building footprints o Utilities, easements, and landscaping - ..crt 34-k. a couvr..&<-1 o Building elevations / o The SPA agreement - This list is what is required to be recorded - After 180 days the approved plan is invalid if not recorded - Council and Commission were to review the final plan before it was recorded - Building Permits were not to be issued prior to final development approval - Sidewalk, curb and gutter will be installed prior to receiving CO's - Engineering issues: drainage, curb gutter sidewalk, improvement districts - Parks - tree removal plan, landscaping plan submitted? - Housing - Category 2's and in compliance? Final adoption of the ordinance for Conceptual Approval was February 24th 1997 1993 Missing Items: - Detailed review criteria for SPA - dimensional requirements - Rezoning map amendment - Special review for parking in an A zone district - Conditional use review for dormitory and dining hall facilities - GMQS for affordable housing exemption - Land swap or did relocation remedy this? - Vacation application for puppy smith r/w 2008 Missing items: - Building elevations are for the professor house remodel, need other units Revised 6/19/2008 Page 3 of 12 ) /ca -1 2,63 The property located at 100 Puppy Smith Street is the site of the Aspen Center for Environmental Studies. Tht?%pplicmmrfeceived Council approval previously for a Conceptual Final Specially Planned+Area Development Plan, to rezone the property to the Academic Zone District and to approve*Growth Management Quota System exemption for affordable housing. The final plats were not recorded at the time of approval. After approval of the Final Development Plan for Resolution No. 82 Series OÂ£4997, the applicant had 180 days to record the final plat. if this stepÂ» is not completed, >the applicant mushreapply and receive approval from the City Council again: As'*result, the applicant proposes to receive approval so that they can proÂ¢eed.wiPuecording the final plat (See Application.Exhibit,BJI The developments on the Final Plan have already been constructed. The final plat that is presented with the application shows the building footprints as built. Changes from the original approvals.... September 13, 1993 file was first submitted for a map amendment, conceptual SPA, conditional use review, special review and GMQS exemption. May 2, 1995 file was closed. ACES agreed to close the file until property ownership was obtained. House rehab, 750 sq ft Apt building, 1000 sq ft Green house, straw bale construction, 1000 sq ft Resolution No.82 of Series 97 permitted a 180 day extension at that time until Feb 24,1998 but the plat was not recorded during that period. The extension was to record the Final Specially Planned Area Development Plan and SPA Agreement Map Amendment - Zone District map will reflect that the R-15 area will change to A with an SPA overlay. , The required approvals include a PUD amendment, Growth Management Quota System review and Commercial Design Review. The Dancing Bear Lodge received approval by Council on August 11,2003 by Ordinance No. 29 of Series 2003. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission to enclose two outdoor seating areas on the Dancing Bear Lodge: â€¢ Map Amendment for a change to the original design that received final approval. As pursuant to Land Use Code Section 26.412.080 (A), (Annexation - Zoning) Annexed without review of site plan, land trade did not occur There was a conceptual plan submitted in 1993, it was not finalized by 1995 Supposed to be rezoned A with SPA overlay Revised 3/30/2009 Page 1 of 10 â€¢ Specially Planned Area pursuant to Land Use Code Section 26.445.100 A. This application qualifies for an insubstantial amendment which can be handled administratively; however, this review is being combined with the land use reviews. This review may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a public hearing. Conceptual â€¢ Conditional Use Review â€¢ Special Review for parking â€¢ Growth Management Review for Exemption for an increase in commercial net leasable area of 386 square feet pursuant to Land Use Code Section 26.470.080 (1). (The Planning and Zoning Commission is the final review authority. who may approve. approve with conditions, or deny the proposal). For affordable housing - check status, prof house may not be deed restricted - are all units deed restricted? *ppposed to be category 2 units- ACES has first choice + â€¢ A subdivision occurred in lakeview addition Vacation of right-of-way for puppy smith completed? Dimensional Are buildings on or near property lines? Still require a land swap? Need a survey combined with a draft plat to be recorded Where is SPA Agreement ihe final development plan,sballpoilsist of - A site plan of the entire site ' - Site improvement survey of the area that is now developed Include building footprints- Wtilities, easements, and landscaping , Building elevations ~2 Ihe SPA agreement 31 - This list is what is required to be recorded ' - After 180 days the approved plan is invalid if not recorded , - Council and Commission were to review the final plan before it was recorded / - Building Permits*ere not to be issued prior to final development approval . - Sidewalk, curb and gutter will be installed prior to receiving CO's# - Engineering issues: drainage, curb gutter sidewalk, improvement distric}s - Parks - tree removal plan, landscaping plan submitted? , - Housing - Category 2' s and in compliance? Final adoption o f the ordinance for Conceptual Approval was February 24th 1997 1993 Missing Items: Revised 3/30/2009 Page 2 of 10 0000 . -r . - Detailed review criteria for SPA - dimensional requirements - Rezoning map amendment - Special review for parking in an A zone district - Conditional use review for dormitory and dining hall facilities - GMQS for affordable housing exemption - Land swap or did relocation remedy this? - Vacation application for puppy smith r/w 2008 Missing items: - 00*hat are the clouds - pg 1 ? - *Amend the dates. - #Change notaries if necessary - *Passed January 19972â€¢Conceptual was, executed 2008? - 9rp1awd stre,Umprovement@ - * LE@fQ@Box house moved? 4 - â€¢Two story building? Was easement Vacated? , - Sit@ plan building envelopes as stated when they were built? Since this application requires other land use actions that are under the purview of the Planning and Zoning Commission it does not qualify for an insubstantial amendment, which is handled administratively; however, under Code Section 26.412.040, the Community Development Director may consolidate or modify the review process accordingly. Due to the scope of the request, the application will be reviewed as a Final Design application. GROWTH MANAGEMENT REVIEW: 4, Enclosing the two proposed outdoor seating areas will result in an increase of 386 square feet of 4 net leasable commercial space. When the increase in net leasable area is greater than 250 square feet. the application cannot meet the qualifications for administrative review. This application falls under the requirements of Code Section 26.470.080 - Major Planning and Zoning Commission Applications (1) Expansion or New Commercial Development. If approved, this application will require employee generation mitigation pursuant to Code Section 26.470.100. SPECIALLY PLANNED AREA REVIEW: The proposed amendment to the Planned Unit Development is found to be consistent with the approved final development plan by staff. This qualifies the proposed project for approval, approval with conditions or denial by the Planning and Zoning Commission at a public hearing. The change proposed by the applicant is relatively minor. During the application process when the Dancing Bear PUD was created, concerns were focused on the massing and height of the building. The minutes from those meetings are included as Exhibit C. The proposed enclosure will be consistent with the original approvals. A Floor Area Ratio of 2.98:1 was approved in the final development approval. Currently the project has a Revised 3/30/2009 Page 3 of 10 0 . . . . Tlk Corv â€¢ *L STIJDI~1 INDEX OF SHEETS JÂ¢5 1 LEGAL DEBEKIrl-ION -]EL(*5IENT PLAN FIKOF'EKPr lvIAF el"=103 DEVELOFIvIEHT FLAWI 2 AFFROALÂ© AND 9 NORTH 01' 11'30" EAST- 84.301=EET-, AND LEI<TI FleTED IB NO EU-1-4 40Â°537'00" EAN 7 15 FEET TO T+-IE 11\ITEMDECTION WITH ZAIC) Wes-Irir DOUNICARY OF 3 EXIOT]NG ODKID ITIONIe C T-KIE TRUEVIAN NEIG,1-1 W<HCOD COMVI ENCIAL PROJECT) EMPLOYEE_ HaÂ»ING Â¢ Iv THENCE Al_ONG Â©AI D WE~TiAN- Bajhi PAIer T}-In FULL.CWMNG, COORDED AND DIâ‚¬51*4OES 5 4 ELEVATIoNÂ©:TREEI-lott 19 NORTH Â©.5Â°0195" EAÂ©T 20.17 FEEL 20 KIONTH 42Â°46' 12" LAS)T IO I Â·71 FEET- AND 5 EL_ENATIONS):STRAWDAL 2i KIOKI-1-4 40' 27'15" EADT 117Â·66 rEE-f-To THE INTEKÂ©ECIION WIT}-1 TRIE EBTE,KI,r EXTENE)101Â·4 OF 74-45 NORT-KIEKEr UNE OF [074 D[-061< 1, LAKEVIEW' ADDITIONi LEGEND 22 -rMENCE NOm-I-1 71Â°1 1'00" WED-1- Il. IQ FEEr,ALONG, 1000 ACE-5 3OUNIDAft â‚¬6113 EXTENÂ©1014 -1-0 THE NOIU-1-lf/Â©T COBNER OF C , DOUNDAMIES OF UX G 5 PARCELÂ© INTER-NAL 23 TKIENCE. NOMIH 71Â°I I'00" WEDT I I.4.06 Â·FEET- ALONG TO OVEMALLACED .DAID KlagTH Eler LINE OF LOT-Co TOTHE C.01945_Ff x, FROFEgr<SHOWN FO COMIVION -TO LOTE) 6 Â».10 5 OF Â©Al D BLIX-i< I i FUKFDDED OF CLAKITY- 24 -TRENCE WORI-1-1 20Â°21'30" EAST 100 00 FEET A LORÂ·16 FAVED DTREET- -TR-1E WEN LINE Or LOT 5 TO THE WORTHWEDT CE]HEET I) COMNIEK. OF LOT-5 ON THE.SOUTH LINE OF FUFri- ' FAVE.13 5TKEET Â©MTH DTREET-Â· : l 012'.TRAIL (DHEET 3 25 THENCE NOKfI-1 71' 1 I'co" WEST 19.21 FLET TO THE lt@ BDUH[) 011 OET MONON INTERSECEION WITH A LINE THAI 15 FARALLEL WI-TH ANP TEN FEET FIKOIVI TWO 6-IDNE ENE fOZEDi 6 1 26 THENCE INIOATI-1 10*11(30" EAâ‚¬5-r- 40.CO rEET ALONG 1 1 DAID LINE /421~275 PUFFÂ¥ 51v'lITI--1 STREET 10 THE 1 1 NORTH LINIE OF FLJYFLOW'ITI--1 OFREET-i 1 1 1 27 71-IEKICE- SOUTH 79Â° 1 1'00" EAST ]1020 FEET- ALONG 1 1 ' 5410 NORTH LINE lOTHE SOLJT-1-1EADT- COR]HER. OF ' t I , LOT 4, DLCXLi< 4/ LAKEVIEW ADDITION; 28 THENCE NORTI-Â·I I0 49'00" EAST 100-00 FEET AlI)NIG \ t 1-1-IE EAD-T- UNE OF LOT.4 TO TI-IESOUTH LINE OF LOT 71Â· \ TRIENCE SJOUTI-4 79Â° 1 1~00" EAST 95.Gl r E.ET ALONG \\ THE SOUTH LINE OF LOTS 7 AND 11 -TOTHE INTE.fiSEC- TION WIT-1-1 DAIP WESTEMLY- DOUNDARÂ¥-OF THE- \ TKOE]vIAN NEIGHDORHOOP Cab/IMEFC.IAL FRaJECT'i --. \ . 30 MENCE NOK-I-1-1 07'5Â©'20" WEST 120- 75 FEET ALOING : <. -----'/3 ---,---- ... I./ SAID WEDTERLY LINE TOTHE INTERSECTION WITH TRIE Â«Â«f--R>rl._ ~ 1\ HORJ-HEKEr LINE OF Â©Lall<5 3 AND4, LAKEVIEW APPITION 3: THEACE NOMIH 79Â° 1 1 '(Do" WE-ST 301.23 FEEr- To TUE \ \ 1 ORIGNAL EANFJKLY DOUNDAKroF THE FlerE'Vr OFTNE \\ ~ 2 AOF'EN CENT-EN. 1Â©R ENVIF~NM ENTAL Â©TUDIEDCA.C.E.5.3 32 THENCE N|019}-1 0700'00" EALT 101.37 FEET ALONIG \ 1 , 2 1 . SAI D A.C.5.51 3001\15*<r 103 FOINT IN TiME CENTER.LINE OF \ \ , ' Ul-dE m)Â«1ING FORK FW VEIL' 1 \ \D-\ TI-IENCE ALÂ©>16 5Â»IDACE,9. BOUNPARY ANDALONG ' ~\14 THE CENTEKLIHE OF THE leON'KING FOK< F<IVE*:.-THIL FOLLOWING CaXON AND [DIOTANCED'' \ ---- 4-1 \T-\ , 33 NORTH 621'2743011 WEST 115.50 TEST, \ 34 NOMI[-1 05Â°27 '00" WEST 63.32 FEET \1% \ 35 NOK[-1-1 40' 30'CDC)" EAOT 144.50 FEE-tf \ 36 HORTI-1 20'25'00" EAST 164.75 FEET, 37 h|OE[-4 140 1 1'0011 WEOT 24Â·64 FEET 38 HO19-1-1 3Â©013'00" W'fÂ©T 123.19 rEE.Tf 39 NOKIH 34Â° a>'co" WED-r 105.54 FEET 40 NORIH 270 30'00" WEN 136.525 FEEY \ \. m ht)1Â«1-113Â°26'00" WEDT ID(0.82 FEE.Ij \ 1, 42 hIORIH 20.00'001' WEN 56.60 FEET; i \ 43 NOKII-1 26'20'00" WEâ‚¬51' 317Â·CO PEED \ 44 NOR-H 6622'031' WEST 125.65 FEET AIÂ·40 5 7-FE-1 NORTH -- 55 oFTHE HOMII-1 ANNE)<ATION TO THE CITror AefEHi --------------------------- : 2 45 1\007-1-1 (05Â°55' 20" WEE>T 15.51 FE-ET -TO AP THENCE NOFTH 05Â°10'00" MAOT IC,ot). 57 FEE.TALONG LINE. 46 55-54 OF ZAID NOMTH ANNEXâ‚¬[-IONI -TO-THE DOLJTHEAST \' 7% i COKHER OF LOT I OF THE 1%/1[â‚¬6.1/*01 1Â©DIVIDION; \ TRi -TNENCE ALONG THEEOUTH LINE OF SAID LOT 1 -TI-Ir- 47 RDE-OWING CDOMÂ·OES AND 3151>41Â«.ED'- NORTH E)(/ WOO' \ 48 WEST <95.00 FEET ANID DOUTI-1 43'07'41 " WEOT 145.00 FEEr TOTHE OlrIGINAL A.0.[.5. DOUNPArr Â· THENCE ALOING ' 1 1 1 5/\I D EOUNDAKy- THE FOLLOWING COU#45 AND DI51Â»ICES): 1 4 49 BOUTE-1 43Â°07'41'~ v/EDT 1330Â© FEET, 1 1 30 SCOT+4 28'0Â©'00" EAOT 53.4 l rE ET, m 90(JT-1-1 62Â°4Â©'CO~' WEDT- 45,50 FE-ET; 52 .SOLÂ»-1 80Â° tÂ©t)O" WfoT 159.76 FE_ET; 53 â‚¬OUT#4 50' 04'co" WEST C6.70 FEET-~ MUGGLEAC 54 ZODTI--1 03Â°215'CU EAST 101.63 FEET, ------- h / , 55 3001-1-1 07Â°45'CO" 5â‚¬51- 19-1.860 FEET; 1 , 56 eOUTH elÂ° 11' Co" WEEST- 37.05 FEET 57 SOUT-1-1 21'07100" EAÂ©T 115.46 FEET; 1 1 58 Â©OUT-[-1 370%9160" GAS)T Â© 1.GO FEET 59 SCUT}-1 07Â°00'00" EADT 43.30 FElL-lt - so .Ea_)1-H 19Â°0Â©'CO" WET- 43.53 FMET 61 ECUT-1-| 30Â°DO '00" WEDT- 116.43 FEE--T, 62 ECUTH 0501 'Â«)" WEDT- 194.13 FEED 63 @OUTI-1 77Â° 55.'00" WEST 33.Â©1 FE.Â£5 64 ZOUT]-1 17'25'CO" rAST- 22). 84 FEEl, 65 .51Irl-1 41Â°55'00" EASE- 127.22 FEET, 66 20Url-1 44Â°34'co" w'Efir 21.54 FEÂ·ET; ------- PRUP , i ,\2115>-to A i*~ l-fl-T-~1--l--~-tltfff-l El 1 1 68 14OEl--El 71Â°05'CO" EAOT- 46.45 Flf g SOUT-k-1 54'47' 12" 15AOT 07Â·66 FEE-T- FRANCIS - \01 ps,jit I 0 7-REE T -- m ~ n HORT-1-1 55Â° 35'00' EAST 49 93 FEEI \m LL.&'P{Vivn ittit11~ 12\Â»10,5153- \ ---i / \1 \ -/I-17 72 Â©ourk-1 40Â° 12 35" CAST 5--17 re.ci )<\ lLLLLÂ£-1-L.I.-1-1-' --,0,/- -TJ 1 1 . 532T1-! 49Â°4 I ' CO" EAST 49.60 FEE--lf U=, 0 0 0 0 0 0 \ \ 4..LJ _-2 70 YOUTH 34'25'00" E/t:iT 70Â·60 FEE-Ii \ 1 lf> 0 0 0 0 u, ~ 1(P' _- LLU-i-1-1-u ~ I /ill o F- CY m vt W) ~71 \ . 11 ~ 11-full-'Lfj rd j A j I -I' It 1 11 1 1 1 1 1 1 j --4 i Al 1 Nt 1 11 1 1 HI 1 1 1 1 ' ?01 1 .?~1 1 52 1 ~3 DOUTH 01Â°26'25" EAST 2-10.13 FEET Â»10 1 111 1 1 hi 1 1 4 1 74 eoUTH 34Â°55' 17" EAÂ©T 92.50 Ff-ET -IE)THIL SCALE 1 8 N = 100 FT I hli 1 Nn 1.-' r===-Â» 3 , Fli RDIKIT OF DE<311+11146, CONTAINING 25.5 ACKEÂ© i . I) i f 1 I u :Nj lilli / ; , kill u~lany decceoc~~~itiosio~e~~ht~thte ~~air~~~~m~nuUst'Zfhcbeaf~eld. Alpine Surveys, Inc. Surveyed Revisions 3.04. CO Title Job No Â©6' 1 (01 - 3 In no event may any action based upon any defect in this survey be commenced Drafted 1.Ol.17 5.01.Co AÂ©FEN CENTER FOS ENVIRON]VIENTAL 6-1-UDI ED Client ACEÂ© more than ten years from the date of the certification shown hereon. Post Office Box 1730 5.21.09 .Â©FECIALLT FLANINED AmEA Aspen, Colorado 81612 1.ID. 09 970 925 2688 FINAL DEVELDFIVIENIT FLAN -- 9.30.09 C| TY Or- ASFER, COLOF/NEÂ© SHEET I OF 5 . a . . f 0 .' 0 i ' 71 -mâ€ž r- 4 1-; F m m. m" m ' 7/ 2 m. r ' m mar / P ' m m.-7r 1 0 ... . ..08 . 7 4 4 :,/ m 4, 0. 4 4,Â· 0 4% 1 '1 0 0/ 0 I 4 %" 0.1 4 : .4 0 '14 4 5 1 )1.% th 4 00 Â¢ / 0 %,0 0 3.4 0.4 .440/ 4 4. 4. 0 '. 01 , 0 4 1 14. d>/6 .. -:, I .... 0 --- 0 -L . D ... A A. . . - A . A .. . . 0 - - A -A .4 .. . . - - - .. ./0 . .... 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ADA . ~. 0 .. 0 0 0. - . .0 1 ... 1. . 0 I. 0 0- 0- - 1, /~3 4 . /. . \ 0 .0 -' 0 0 .. 1 e â‚¬31)1341-0~ & 1 -0- 17- PLANNED AllEA- FINAL DEVELOPMENT PLAN 01 112<1-2- AE J.@ il ASPEN (]ENT]011 . 171)11 171 7 7 li~TPl V iVilLJl 7 11-1 11 Il IL -ra) 1#111 OWNER' S CERTIFICATE COMMUNITY DEVELOPMENT APPROVAL CITY ENGINEER~S APPROVAL CITY COUNCIL APPROVAL RECORDING CERTIFICATE 1, e)OlD Fulâ‚¬VIS , FREDIIDENT OF THIE .BONKE) Tl-liD fÂ»IAL FL,KEOFTHE AÂ©rEN GENTE]K. FOIC TI-11Â© FINAL FLAT OF TI-45 AÂ©FEtÂ·4 CENT-E:K, FOR 7-,1-11Â© PI 1.44 FLAT OF THE AÂ©FEN CENTER tin Th]157 FINAL FLAT OF -8-15 AÂ©FEN CENTER FOK OF DIKEETORS FOR TI-IE AÂ©FEIN CE-hITER FOR Eblvlit)kl IVINATAL STUDIED 2)fTICIAL]26 nANKIE[3 E:KIV'11*ONIVIER[CAL 95[UDIED DFEC,IALLY FLANNED ENVINON VIEKITAL ORJOI ED OFFOIA[ly PLANNED E.NVIRONWIERI-TAL DTL)0115 OF'ELIALD- FLANN ED EKIVIKONVIENIAL 'bTUDIED (/ACED), ON INfk4Â«Lf: AREA Fl NAL IDEVELOFNIEKIT- FLAN WAâ‚¬> Af'VIÂ«)yED 'Ale:EA FINAL DEVUOrk[ENIT- FIAN WAÂ© AFfit/ED AKEA Fl HAL DEVELOrkIENT fLAN WAÂ© AFFIOKED ARCA FILIAL DEVELOYVIEINT FLAN WAe ACCEPT-EC) OF ALEÂ©, TI-IM CWHER: OF TKIE IKEAL F'FOrgierr 231' THE DIIâ‚¬ECIDIR:. OF THE CITY- OF AOFE.hÂ·.1 [Df- Tl-15 61Tr EHGNEEROFTHECITTOFAerrtÂ·4 'Df THE CITN' Ca.39(LIL OFTI-IE CIT< OF AE?f:'Eh.1 FOK FILING lk] THE OFFICE OFTIâ‚¬ CLEK< AND DEFEC:RLIBEIP k-IEIKEOH/ 2>11-Uâ‚¬rE IN THE CITY-OF DEFAR]VIENT OF COMIMIUNITZ DEVELOPMENT- COLOKAEÂ© 71-41 9 ________PAY OF _________-___,2&39. 021_01900 eâ‚¬ 1-TED (2KQI NANCE KIO W_, 2:)Eâ‚¬.1 66 CF ' RECDRPEF. OF FITKIN COUN-Pr COLO!*430 TRIED) ADVE#, Ca->KITY OF FITKIN, 25[*rE OF COLORACED, 149% Fâ‚¬Â©ED Tl-45 THI'r_ - CAr ORRIaL=0Â¥ i.(999. /5~9 114 Fly# Ecal< CON]13â‚¬1 hiNG 25.5 ACmEâ‚¬>, WOIKE OF. LEâ‚¬â‚¬7~ -121_____AT FAGE ____-_____Aâ‚¬:) RECLEmlON NO. l-Imiter- *42*fEE-RD Tk-IE DEVELOrk/IE-Hr CONIOIT-IONS) EXECUTEP TNIÂ©--____-----_ O*cor_-__--______ 2Dl. Foft-THIE ADf'Chi CENTER f:Oft ENVImONK[ShITAL 0177- EN*INEEn STUDIED SFENALLY- Â·FLANINIED AIKEA COSÂ«), AS .DET DIiâ‚¬EC.TOR FDATH IN AÂ©FER CITY COUNCI L OF:DINAKEE NO. , 1-15:Fatr AGREE-TED TH IÂ© FINAL FLAT- OF THE'AÂ©FEN VIATOF CLE12,44 AND F.ECOMPE-11 GENTER FOR: ENIVIRONAAEHITAL E)TUDIEEp Â·EDFECIAL1Â¥ FLANINIED AIKEA rINAL DEVEI-CFWIENT HALLAM LAKE NARRATIVE & AIT~Ee:)T-'' FLAN AÂ© CALLED FOK IN â‚¬Al P OF.DI NANCE NO. SEâ‚¬lEe OF EXPLANATION OF LEGAL DESCRI PTIONS ADFEN CENTER RIA TRIE- FROFES]V BELONGING TOTHE ASPENI 01 Tr- Cl.IRK - ENVIiÂ©NVIENTAL Â©TUDI Et> CENT-ER FOR INVI MONIMENFAL Â©TUDIEt) (AGED) WAD ACQUIRED OVE'A A FEEKDO OF- SEVEMAL T EAKS. THIE LAReEDT FDKTIOKI OF UHF_ FIRÂ©FERV< CONÂ©IDD OF HALLAM LAI<E AND THE LAND BOD PUâ‚¬Â«15 11Â«IMEDIAT-ELM' EURROUK]]017Â·Â·16 THE LAKE , THIâ‚¬p FftED IPENITO FORTION 1% RE-FES.AED TO 191 TNE OVEâ‚¬ALL SOAAD OF [DIâ‚¬EETOME) LEeAL DESCE.1FTION AD "T]-IE OftleINAL ACEÂ© IDOUNDAIÂ©r ". Th-IPO HALLAVI LAI<LE f ROFEâ‚¬Tr, Ar[-Eey[-* ALTHIOUGH PKIVATELY OWNED, WAO UbED DUKING, AÂ©FEN'Â© lvIININe YEARD FOR PUBLIC RECKEATION AND At> A CON/Ilvl E.jâ‚¬..CLIAL 5001'1CE OF ICE BEFORE THE ADVENT OF ELECTNIC REFRIGETKA' MARK FULLER TION UNTIL ITWAÂ© DOLD 70 THE D.R.C. DIADWN ,Â©ECIKETAâ‚¬>r FAIVI IL>r AND EVENTUALLy'TE) \ACALIER AN ED ELIZABETÂ·1-1 FAEFCKE IN 1954 ALONG WITH WICÂ©T OFTHE- LAND EAST-EALT OFÂ»10 lk[KIEDIATELY' 51*TE OF COLOKA[X)~ se> ADJACENT TO THE HALLAM LAKE FlÂ©FEMn< couhdrr oF rl-TZIN 7-11Â© LAND WAÂ© ORIGINALLY FLATTED AD LAI<EVI EW AD[DITION. WHAT- 19) HOW PUFF70SAAITH 71-IE. FOKEÂ«311Â·46 C.EMII FICâ‚¬1-5 WAÂ© STREET WAe ORIGINALLY- FAST OF LAI<EVIEW ,60<610&'LEDGED DEFOSEL IVIE 71-11â‚¬5 _--_______CATOP ADDITION AND WAÂ© CALLED bly[U66LER. STRENE , 2039 3*r Doe PURVIS>. A VIAF OF ALL THE DEEDâ‚¬p Ar-ID OTHER INISTRU ' IvIN' aÂ»1 tvllee,ION Explmre, hdENTÂ© Dr lvIEANâ‚¬) oF WHICH AZEÂ© ACQUIRE-ED WITWEEÂ© WIT HANG ANG OFFICIAL DEAL. TI--IE FIROFEEJY WOULD KEÂ©EMBLE A COMPLE>< L.-11092Â·AW FUZZLE. 7-4-1EKE-FOKE, IN T-1-lE rAEFAKA' TION OF 71-4 19) ACEâ‚¬i Â©F'ECIALLY- PLANNED AlÂ«A FINAL .DEVE.LOflv[ ENT- 11.Mt WE HAVE ENDEA- 1Â«Ii;Ner FUELIC VOREP TD 12.5501_VE ALL Th-IE QUEDTIONS ThÂ«r 1-1 AME AKIDEN OVER TIME AD TO TI-IE EXI OTEN .- OF GAm) OVER LAPS> CONFLIC,TO Ah'P ADIGUI-[~5 â€¢6 (1rY%-~urlita~~ STATE OF COLE)17.[30 2 Â©Â©' CONITAI NED INI -[-KIE 160(UÂ»lfbrrb OF RECORD er *- COUNITY- op 7111<INI W.1-Ila-1 THE LAND WAO ACQUIKED AND ALDO TO IDENTIFY- ON ThIE eMOUND 1-HE [beeT- EVIDE>ICE OF 1-1-1 E RDRE(BOI NG CE< n FICATE- WAD ACTUAL OCLUFATION AND LE:A ACKNOWLE[lbED DEFOF:Uf lvIE- 71-110_-______-__DerCy ; 2.409 391- IvIANK FULL Elf. BEFORE THE FREFARATION OF THIe FLAT- bio COHEMENT MATHEK/IATICAL DEEÂ£.IKI F"HON OF THE ' MY- COMIMISDION EXPIRED * ENTIKE FiKOFEKIT' HAD EXIâ‚¬5TED. OhIE FUFFODE OF > WI TKIESÂ© ber HAN CP AMP OFFICIALEMAL. THIO FLAT 19 701<EMEI>rTH ED LACK OF Akl OVELKALL DEDERIFT-IONI. THE LEGAL DEâ‚¬)CJKIFTION ON SHEET- 1 ENCONIFYÂ©DES 7--1-IE ENT-lge Fierf.gly Br' IVI ETED Ar-43 130ONDS FOR-THE Flie T-TIME. NO]Â»ler FLe LIC AND -THE LEEAL DESCedÂ·FTION ON SHEET 3 ENCOAA FAEÂ©EÂ© 15~r vIE-1-64 AND 130(Ob.1[35 A LLOF THE ACE'b FROFEATY SOUTHEIâ‚¬LY- AtÂ·43 EAVEâ‚¬Ly OF THE " ORIGINAL_ ACEÂ© 31)hIC)Amr " I HLUDihIG ALL LAKÂ·ID OWNED BY- ACEâ‚¬) WITHIN AND ADJACENT- TO LAKEVI EW ADDITION. THE 011*FION OF VAA 005 Â©EPAZATE FARCE Le OH Â©1-15.ET 6 15 PROVIDED SOLELY- FORTHE A*JOEDE OF- 01-ARIFYING THE FFÂ©VEHIAhICE- OF-FITLE_TO T-KIE PARELÂ» AS TRIE>r WERE ACQUISE[D OVERTIIvIE, ALL Tl-IE. FARCELÂ© DEÂ©cle.IÂ©ED 01-4 'O1EET 3 LIE WIT]-IIN TKIE COK/IFODITE OVEÂ©ALL DEÂ©(5%1 97 -1 ob-1 ON SH EET I , AND Narl-11 Ne HEKE-11\1 SHOULD EE CONEiT-KUED NO IMPLTTRATTKIE FOMIRON OFTI--IE ACEE) FROFERY DEFICIEP Ok! e>HEET 5 19) Â©EF>hfiÂ«rE FKOk/1 Thi E OVE]KALL PROFEM.rr/e> SHOWIN AMID DESCâ‚¬IBED ON 9-4EET- 1. THE ACID FROFERIr- Ae DEF'ICTED ON SHEET 1 15 A 5INGLETIKACI OF LA:HE) SUEJECT TOT-HE ZONING Ae SET FOKTH IN OFDNANCE KIO. (b, E>El;tIED OF~ 1997, AND AS 5Lth-I CAEÂ·4KIOT BEL I PNOKEklENTALLy- SOLD WITI-IOUT 20[DDIVISION. A UÂ©TOFALLTHE DEEDS AND OT-HER I rtTFUk/121475 12:40 *441(t-1 ACED ACGUIREP T-1TLI TO lTd FNOrESTY WaJLD, KID DOL)Â©73 CONSTITUTE A OUFFICENT LE6AL DEÂ©OR.IFTION FOA FOKPOE>ES OF ZONING THE PleoFER[Â¥0- BUT I T WOULD 61-IEP LITTLE LIGHT OH 71-IEL FODIT164 AND Â©IZE OF THE FMOPEjer-Ae IT EXIâ‚¬)75 TOI*f~ CPI THE GRE)UND. A CAREFUL READING OF THE LEGAL DEOCKIFTION ON SHEET I WILL KEVEAL TKIAT I T 1-IKAO<5 EXâ‚¬Tly Wirk] THE LEGAL DEâ‚¬02.1 FT-ION ON Â©HEET 3 a-)01-1 THAT IT ENTRELy 11-401-UDEE> THE I. Â©67 ACAE R DKAGIN OF: 71-IE PROFET<TY DEFIOTED OK] DHEET- D. ~Jin' Cy defeoc~~~its 257%2%'ttweue %2seJZIZ~rstUCcofersufl, Jzec~. Alpine Surveys, Inc. Surveyed Revisions 531.00 Title Job No 86'161 , 3 In no event may any action based upon any defect in this survey be commenced Drafted 3.04.00 8.03.00 AS>FENI 654--1-EM: fOS EVVIONIMENTAL. 5-RI)1 re Client A.C.E.Â©. more than ten years from the date of the certification shown hereon. Post Office Box 1730 Aspen, Colorado 81612 5,2-1.09 Â©FECIALLY- FLANNEG AltrA 970 925 2688 9. I 5.01 FINIAL DEVE-OF~h/IENT rLAN CLITY- OF AÂ©FE-KI , COI-01*00 SU\E.ET 2 OF 5 64 AND Â©5, 65â‚¬prall-IVELÂ© VEÂ©T orTHE Â©I><Tl--1 t=miecrAL 1 ~ TELEDYNE POST . 11 V* CORAJER COMV10N . . . . 1 0 _ 9 To Â©EarIONS 7 6 12 0 ht - -iN , I ' 004 4 + or 70 ~-I WALL B |41 399*L N. - 4>... , r ju-.. 44Â©-4--4 \\<43 519 -- ~ FLUND: REDÂ« . CAF LEGAL DESCFJFTION ,... / 4 - 1 /9 4Â§4 i k A,TRACT OF LA'ND Â©11&147513 IN Tk-IE Cl-Pr Or/\Â©FEN, ca-)Npr OF L. 5. 2376 . he 'r - 047244. /(2 / tpla 0/6,000 " 4 79Â°11'00 PUFFT m- Â· /90*n FITKIN, 917<1-5 OF COLORAIJO, 113mjt<6 IVIOR.E FULLY DEOCKI DIED At Â® 74. ,~ " 26:79 , lE r / 4\ <31> , . 1 ....27..,.@ 76 . C lili 46\ 770 ~;0 ~~AMO. 2 . 81.-/9,2-1 1111.l., (CL / FOU.O\NED ' -/ k.4 /2 Ill \/ 4 PROPE*TY - ..â„¢ - . OF 50 .-- Ty OF AÂ©PEN 71\ 4 0 ... -32....C"1 l. . '- _.~ -- N / 4-94) i : . 2611\IR]ING ATTME NORTHWEST- CORKIEft OF LOT 1, BiaLK 2 ...... 1 \ N g dr042- t FA LAKEVIEW /\DOITION, ACCOKEDIN.16-TO THE FLâ‚¬r TH EREOF IN~DRDED 5 - .m B....... ........ TIKANDFÂ©19/IEK Â·21---\, 0. . e GRAVEL PATH roMTION OF Puppr El.fECTKICAL FANELÂ©_Â» 5,1 /77-1 57-~ET x /Â°94.ce-Â£ 4/ 3 lc) d) 4..1 1 i . / -rn, ...... IN FLAT 3331<.2 AT IONBE 12), WHENCE THE QUARTEK COMHER ... ....... (-- 571=,Â£-:Ft: ,@Z~ -3 0- .......... COMIMON 10 DECTION}5 7 AND 12.,1OWhÂ·15.1-111~ 10â‚¬OUTH, KAN(bED .......... POINT OF \ TABLE OF TREES: DELINHING' 1 :,--: 2 . 1 3 1 1 CALL CoTIONWOOP Ug LESS 011Â·*52*195 NOTER) 1< . WEOT 772.54 FEETÂ· 679Â°11 MEKIDIAN, FITKIN CCONITE COLOFAIOD, DEAft HOMPH 14 31 51 1. 1211 D. L.D. 9 1 04 1 11 2.-% S- \ e A - - : ~ (&51Â· Â· 3. 4- 6,10. 1 FDOND-ALUM. CAP' Â©ET IN aÂ»IC. -ENEHCLE NOIul-1 13615' 22" EAâ‚¬51- :20.10 FILET- 10-1-1-12 CENTEKLINE 2. 8"0 1 c 4. 2 -8" 0 42.8" 0. - 065. ' /0fY. 067 -JZ- --7*4#0'se. : CENTEKLINE Â· / 'f>ki-//4.- 4/. 027 - KIa. Fb, 5EKI IZe oF 1917) i "0\ 0 00. )29 -3 \+ Â¥ 4.%6.-Â£23% 0 '. - ~ 1* \Â·Â·0 fÂ»Aâ€¢ \00.0 abl 'TH THENCE NIORTI--1 72Â° 1 Â©' 0Â©" WEDT 44.16 FEET ALOING â‚¬AI D 8 44 / 0 05 7-%:15 e L. S. 2376 OF TIÂ·-115 VACATE[3 FORTION OF FUrer- 2Â»11 TH 5-1-REET- COMCINAINZE TI--IEN.IC,E ' NOKÂ»1 79' 11 '40'~ WE)T- 7.90 FEET- ALOhle Â©Al 13 G. 8" D. C. 41. "1Â· 4. 2 1?J~DeD-2~* A , ' 9- Â·Le. 9 ibfjw.cf--..-rEd. Ao- ,: i .2/ s 7 8" 0. 1 -1 ' /42,4 020- , SET: REANS f CAP 8 \2110. c-N- A 0'v*Ts KEED#R' <00 27 eA L - ared-Er THiNCE 0515<KTING SAID CENTEKLINE NO191-102Â°aD'GOn VEEjT- 431 Â« Â®GSÂ· - 7 \#T $.\/ 1 4.5 J y ; ~ L ' ~f If .' 1 1 d/ , 1.. *Mi...7% em. e#\ 7 L. 9.9184- CENTEKLINE Â· ..ACF.. 11. 6 LY'~1 5 \ J -; 3 L. 310 , eL J. Â¥50-9 /1 "14/4 Â· ISÂ·'559 FE,Er 701-1-IE NOMIHWED,T- COIENE]â‚¬~ OF SAID VACATE-o 1 0 t 12.3-8,0., 6, [2 \ m L ksly;-IWI~ 4 a / 2 - 4 ,/ 5 FT WIDE. UTIL]17 - FO]KnON OF FUFFY S)1Â«1 ITH Â©TACIET~Â· a.49. 2 21.-2'.0- - 40< --<1/-0-y U 8 /0/Â· 2 Â» 12"0 / --- 4040 V ~ # 1 \ AMID FEDESTRIAN -4 - THE NCE ECUTH 74Â° 10' aP EAST 39Â·70 FEET ALONG THE NOIKTHE]tly 16. 2-6"ER 1 iu - ih <d~ 3 6 EADEMENT LIHIE OF 942 \AX[-EC) MTION OF- FUrrf- SMITE-1 Â©TKEET TO TH E 1 5 ECUTHWEE:iT CONNIEK,OF Bl.OCK 3 LAKEVIEW.ADDITION 17. 20,, 8"D, 10/.4 , 4 , , 1 1 4 i g THENCE .DOUn-4 -rlÂ°I l'aD" E,AS:Ff I=to. l2 F~ EET .Al.ON& s,8dc) IS. 6" 0. G I VEN :â€¢ \ 7 19, '2 -ID" ID. 1141Â©TITUTE ) 1 0 /02 k i \ 2/ ' ' ' ' NOIâ‚¬31-VERLy LINE 70 THE 1901201-115495[ CORJNEFL O= 3610 97\CATED *AUL 2 j . / f 25. 425" 0 ,/ foRTION OF ForPY- 23Ama orÂ¥:EETÂ· 1. 31 0 ' 8 c--11 N+/ /O/.x 1 .pti / THENCE ALONG THE EAâ‚¬51-EKIN- 56(2kl2AP*'- OF SAID Â»CATED \J , \9449 49 -a 014 f L- 2 ~~* -f l~ f / (f / 0 / FOKITION OF FUFF'r OR/11 TH â‚¬3TnES[- 5001-4 10Â°41 ' CD" WEET Â·43.03 2. 5 & Â·f ~03@tte/trnelikmT 1 045 &,/ 2 036. 31 4 73Â· ~ 3.~ 2 . , :i 5 25. 6 " 0 / 0 21,5 / ..A 94 FEET 1-0 Tl-1E 5CUTHEAST CUKEÂ·Imft OF *AID VACATED FOFU-lotÂ·4 OF 7 Â®37 1 W t.991:7111111.MÂ·+161" 1 041. â‚¬ -13 //1 /0,2,6 $ // dj A.J. //--7 IRJFPr' 5'h/1ITI-1 .SmEET-,Â· 4% 4 S. ED" 13. u *fr-7r-- THENCE SOUTE-4 71Â°ll'CO" EAOT 19.0 FEET- ALONG THE DCUTHERLY 27. Pl-" 0. ~~~~12- 2 4 . ~ iÂ· c gy LINE OF A.)196 DAAITI-110 THE NOIKIHWEST- COR]\1 EK OF LOT DI L f 0% 31. 3-10" D FOUND: REBAR { CAF f 20- - .,n 0 31. C CITY OFAÂ©FEN / BLOCK 1/ LAKEVIEW' ADDITION L.9.9015 b2.7 ---- -21*/'0015 F3225- \ 1 /1 THENCE OCJT1-4 79Â° 1 1'(13' EAS>T 133.1Â© FEET ALONG -11.-]E tly/* L 1 1 Â©WITCH STATION / THENCE SCUTI-4 20' 21' 30" wker 100.00 FEET- ALONG THE 2.01%/,/ / AIJ / TELE.ren. r.; 1 1.93 / tr' / / \AfER:STEELY UNE OF \-Or- 530 -9-\E. 90.-yi~~HWES)T CORNEROF \OT 51 / :2 32. ,"O.,6"0 9 'cu./ ff~_-3 +2,2'W<*:, 103.4 /3.1 If 1 Â» 33.10" 0. / 9Â« -7,14UGU Ill / * 3-leo. /4.4 80Url-IERLY- UNE5 OF LOTÂ© 2, 3, 4 ANG 5 OF DI-arM2., LAI<EMEW 1 '9V M<.< M.-.-16i5*96:Lt<124</ ' t~flk.7 1 '' li ' ' i Ill ADDITION AND ALONG TE-Ir EXTENSIONI THIFIKEOF 10 THIE 35 10" FINE / / 4.-_TRO olDer al Â®%,1 ~ 1 l.i 1.. MD. 1 \60013 FlKAME, M XM-X INTEFÂ©ECTION *111-4 THE WETEÂ«Ly 51)NOAK>r OF THETIQ_?EMAN 31 \50 0. 059 / DUILDIi-16 -,,,#,fl B9,4\ 4 \ .1 (9/4 ZoÂ« 1 PUK POSE. WEIGHBOA-Â·lcop COIVIMIEIECIAL FinJECTi 30. 3-8"P.,lot.,12" C "TREE HOUSE" ot tjrcy< b - -- -3..gi r â€¢ 1 i t 1 i C 1/4Â·OG ' 20 FE \Â¥/DE / 5 7901)'00" 2 1.233 125 -11-MENEE 300-r}-1 40Â° 27' 13~ WEOT 117. 08 FEET ALONG SAID WEUTERL>r 1 - 5 (bEE â‚¬DHEET-4 Â©Tusco w--~ 2%74<Q,<M= - 11\ c M 4% 1.1 1.'Â·.$. l:.3 7Â¢ER 1-RANS. A 1 STATEMENT DOUNDARN// TÂ».1 L E/Â©EM ENT- , ~ 40. 10"0.,14Â»12 0 . / FOR EL_E\A-TIONIb) CUILE)ING 41. 24" 0. / ~ < ----RE,FAR ; CAFÂ» THENCE SOUTI-4 41Â°40' 12"WEST 101.79 FEET ALONG DAID VEETEKLY- 41 6% O. 1- 1 1 , L.S. â‚¬\84 THE FUKFODE OF 130.+10Â«RLÂ· , 351 (DEE- 2+leFT 5 r Â· 1 51-IE_ET .3 1 5 FOtf 71-IENCE 90_frk-1 65Â°01'15' WEST 20 17 FEET AIDNG 62\113 WESTERLY 43 \0/ 0. 1 /1 fl 44. 39" O / . A FOR ELEVATION.5) / / / .,., / m., , 'T- PURPOSE.,5 6FC[-Aâ‚¬,174 ECUNPARY- 10 THE NTERSECT-ION WITH THE SCUTHEASTEALÂ¥ W D. 1 8 9. 1 P * 21 10 â‚¬31-ICÂ»/AT A LA:KGER DOUNIPART OF bLOCk 1, 1-,Al<EVIEW ADDITION Â· 1 TOTAL MULA R. A /1 1 1 Â©CALE THAN TI-lAi aN THE-hICE eOUTI-140Â°53'03" w'EDT 7.15 FE.Ef ALONG Â©AID 47. 8,107 14,1 D., 180 0 1 Lo P /1 M." D. ~ 1, 66-7 3O1ED , i 11, . 1 3- Al .\ 51-1EET I THE FOKTION DOUG-1 EAOTERLY' EOUNPARY TO THE 5001-1-1 EAOT- COR:KIEN OP . 82 1 2 i G 1 109 0 12' D, 14" D., 24" D / j %N / 1 6 3. 18 L i OF THE AGES WNÂ©WEErr DI-COK 1 ; . If 12, p. / 9 2 91Â·TUATED IN 11-IE MOT-HWED[- 42-2 ) . ~}iÂ·~,~ji. </..... - ~ 41444 - 1~1* 63. 01% 0. ,l./ CO~UPIED Br-TI-IE AFFRO/ED THENCE' SOUI-1-1 01 79' 30" WEST 84.30 FEET ALOHIG THIE SCUB-1514.36 0 2 2.19 / GRUÂ»TEM-, SECDON 3 y f AP-FORPADLE HabING TI-4E ZOOINPASÂ¥ OF Â©LOOK I AKID ALONG THE EOUT}-IERLÂ¥ BEUNDARY i .2 I loA/NE)1-Ilf 10 OCUT-1-1, 19*12. 9 e. i i 70 4 i W /44 ~~FIKOFEDEOM HOL.)55-':1 771E- OF DL.OCK 2 LAKEVIEW AIDE)/TION 70 THE OCUTHEKNIvIONT COMJ~Â·Â·left U I i 4.1 1 103- D N WEÂ©1-, 21-1 M MI ' a / EADEMEN-15 ANDTHE FAR:KING Th-IE:KEE â‚¬019-4 ~1Â°11'30" WEOT I.606 FEET ALONG THE DembIDION OF I I. Â£. 12 w o. 8 CO(_+37-r CO LO RADD. 4 CLITT OF AerEN FITKIN U M /:; i /5.019\ 'bi.>NE-A A+AD TRA\L OFÂ©AllD BLdcK .2 Â· 97Â· 15'~ 13Â·~~~ R.Â·:' ~~ f ' Â·~0* *4 41<EA , AND FINALLY -lo IDENTI Fr- SAID SCUT}-15-iKLY la-?NONÂ©r -10 TME INTE.93â‚¬LTION WITH THE 0. 14-" 0. 1 42 r 25.0 *41 L /.- k THE VANIOUS FANCE.LOASÂ©EAADLED WESTEFiL>r BaJNDAIÂ©r OF Zy\1 D -TRUEWIAN NEIel-11301%-100[3 9. 18"ID. \ 60 14. ID \ 6\% ZÂ·Â·' h / 49 el. 15" O RDUND: REDâ‚¬ f CAF O/EATIME AND CONSOLIPATED TO (23Flh/1E1â‚¬lAL Pfal ECTÂ· M. 34" D. Le. 900 9 11--IENCE â‚¬]OUTH 43Â°04' 11" Eâ‚¬ST 60'25 FEET ALONG SAIC) WESTERLY 44- /- e 'fl 2 1 63. 8"D,,28* 0 \ 70 r \r / 40 FOIKPI T-I--11% FOE]loN OF THE FIt)PER:Pr Ba-)HIRAfer -TE) Tl-IE EAOT-Eg.Dr Da-ENSIONI OF THE .SCUTWI LIblf OF~ \ Z. R < O -, fog FFANICI O ST-KEETÂ· 15. 6" D Â· 1 1 651-AE,r4,Â«FE_ f Â© P THENCE NIOFal-1 j5Â°09' 11" Wfor-41.12 FEET ALONG SAID 6 12" ID, M- lig Z 0 -1 1 < POHID 0 5 Â®Â® f 2 LEGAL DEDÂ©KIFTION 60>-mittict EXTENEDION -IC) THE â‚¬xDUT]-JEAE5%â‚¬1.3- COMNIER OF THE BOUNIOÂ«Z 6,7. 12" P., 14" 0 ~A 48. /8" 0 \0 .1 U : 0 15. I THENCE AM)NG DAID ECUMP,Nt< THE FOLLOWING COUREED AMIE) 0.24 " 0.-- FARCEL 111 Col-OmAIX)) 1 1.1 1 f .4 2 f OFT}-IE 6IVEk] 11~IDTI~TUTE (T-1-15 IKESENTE> OF 71-IE UNIVmle>ITY OF /fr Er f -4- -- 35 5 71.43,1 0. --- C\ ,9 8.I i -+4 ' / A FAECEL OF LANiD CONTIGUOUÂ© 10 FF\,1â‚¬EL I ON DISTANCEÂ©: --___19 73. ID'O.,2-M-"D, 2-18"0 3 6 a 8 4 .4 42 ' .1304 42>, 7 74. 13" 0. AFFED><IVIAJEL>r -TWEÂ»Irrdâ‚¬Oj FEET INI W117[-H NOKI14 01 Â°31'30"WEST 57.93 rEET, 1 Te EAOTEELN' 13CUM[34*r> DE1146 A â‚¬5[-Fil F OF 1-Atl ID NOFJ-1-1 23,orb' 11" WEEDT- Â©D. 15 FEET-~ 1. 2-8" P. ./1 X .. - I / 33tbp-20 WEâ‚¬y[EP.Ly OF At-1 EXESFING C+4AINI LI+41< FE!Â·444 LT-11-4(2 1â‚¬)RI]-1 1 Â©Â°05' 51 " EAN 100. Â©41 FEEl-~ l\\- 1%4 77. 8" P. FOUND: REDAR i CAP \ : / 0/ 0 BETWEEK.1 19\TEEL I AKIE) THE TKUEVIAN +NEIGH16O1<HETR7 bIOFIH cOÂ° 14' 58" EAâ‚¬T 103.34 rEEf To TKIE 18. b " D. L. 9.9018 ~ \I 9 1 ti 7 1 Coh/11Â«ImitAL Flâ‚¬UEST-- POINT OF Eâ‚¬eINNING. ~ -~-~ 0 001~3 Plp r o 79. 34" 0 =\ /6 i / 0 4 '* i Lft Al #, 1 E- 0.,2 / ./-9 41 4.2 43 PARCEL IV THE *130/5 DECKIDED PROF'Elâ‚¬TY- CONIE)1â‚¬5TD oF THE FOLLOWING r e. P 3 -g \ joi' 0 .41 % m %.. g.[17 \0 17- \ VACATED F m Al I ty/V F~AFEELÂ© * AUcle_ \2 -4 3 \ Mi .al go b ./ F*MI OFTHE VACATED) FOIKFIONI OF FUFFrÂ©!v'1171Â·-1 efi~lifIEr(FUKM ERLy 93Â·-4 L- 4-Â©ALLS~4932&:fril#W 9 1 4 P *MUGLL-ER ES[KEET) L.AKEVIEW ADDITION ) eCATED 2>r OITY OF PARCEL I (PART OF L,d<EVIEWADDITION) ' 4 57*/4-r \\75 14\\ 1 1 \ f.1 - 02. 3- -% ~-11-) lif / Â¢94//42 / B / b uj.._Â»j AÂ©FULN ORDINANCE NUVIDER ID, DEFLIE* OF I997. \ cpil: i . 1. \ J LOTÂ© 4,7,0,1, IG I I AND 12/ DI-CO< 1/0 LOTS) 4 2,5,4, 5,6,7, 0,9, I 0, I I Ah.IP '2 51-03< 2/ 2/28.-\ 3 % - . i U ~57- f f - f.a / e -7-..J 0 -RHAT FORI\04 Or LNCE- 63/ENUE- CONd ta_/THEÂ¥:lor OF 2%4016\_En 1 UL 1 2 Â»Â« flivin 00â‚¬VErOK 5 CEKT-1FICATE 5-1-KEET< KIOW PUFFY Â©blITH 579<5 Ell ADAND TO -11-IE EXT-ENT- d VACATED Pr (31-Ty OF AÂ©FEN ORDINIAKICE NUIVIIDE# 5, SEIKIES 24 - - 447Â« - \41 841 ((. / / 2 I vIAPE A FIELIP Â©UlÂ©VEr OFTHE flÂ©rEFrrY DI-EWIN AlÂ·40 COk/11*11â‚¬Â©IONE-6931 1955a-UT-ION RECOMDED JUNE 24,1955 IN I, JAM ED M REDER, 4-Â·IESEDT- CEit-1-I rr THAT OK!1/[Ar' 5, 191Â© OF 1953, ArÂ·40 er FITKIN COUNTY BOÂ«ID OF COUNTY- h 1 4 059(12-1 DED HIENION. THE WCOP f:FKAMIE "PROFEâ‚¬,9011 1-11)ZE" TN E MOK 180 AT Fy<36 376. N 850 09, 'I~,~F/,~~/////, Â£ h / ~*2-4 Er: REMR i FIAS. c.r ~-2.>,62. ~ io. 3-7 1 /39>\ , 4/al' L.9.904 0 77 4[ Oble ty[Or- EPTUCCO 1301 LID I NG AN D T-H E OH E *TO,KY WCOED F3,*DEL 11 \ACOP FlÂ«FIE HO(DDE, THE TWO OTDIer WOOD FiKAME. DUILIPINÂ·84 ST 1 I. CHAIN BET REDA Fl*Â»15 1--OUDE WEâ‚¬E FOUND TO DE LOCATED EKÂ·ITIfREL.r WITHIN Â£/NK 34.3 . 'll~ THE IDC)UNCyâ‚¬>r LINEÂ© OFTHE AeÂ©VE, DESE-fil DE.[3 Flm:DI:'milâ‚¬n< A 1:*Â·mIDEL OF LAHED OONTIGUIE>.TO FACEL 1 OH ITâ‚¬) WrefTEFOr REÂ©AR; i CA - - -L.94434 1.09 1 85 Â· 16' TI--Iff- LCJOKrIOH AN D D I MI E H EM O N Â© O F A L L e L) 1 L E ) 1 E d < 9 5 >/ el)KIDARY; 12>EING TI-IAT FONION OF HOMm--1 ADVEN es-ENE-ET- 5 84Â° /9 '30" W N 75 Icl '11" Vv FREKIIeee) ,Â«.E FCCUR,ATELY 51-4OW'hi. DLOCK 2.1 LAI<EVIEW APOITION, AO AND TO 71-IE D<TENT VACATED IMPIâ‚¬OVELAAE'415, EADEVIEN-15 AND -â‚¬.IGHTÂ© OF WAy IhI EVIOEKIEE LÂ¥1% KIORTMER.ly OF 1-IALL,41 61=KEET- -IE) THE NON[1-1Ef<Ly CITN- -11'* 7 Al' 4/, /2 ' 1 NOTE 00 KIÂ«WN 70 MIE. AND ALL EtÂ·Â·Â·Â·1(3m70-11/IENI-15 13:Y- OF: 01\1 THEDE LIb/lITÂ© OF TI-IE GLTr OF/â‚¬prEN LIN 19533 AtÂ·Â·Â·40 L.yi-h,IG WEÂ©TEFfLY OF 0 0 20 40 60 00 log MT-- 0 43Â° 04' 11' E 6.01 T[-liD 11Â«11193/E]VIENT Â©UNTEV IF DE-FOED JTEP eyr CITY OF AÂ©FENI OBIDINIANICE HUIVIPER '5 1 â‚¬15.ltllfD OF 1955, AND 2 | 1 1 i / WITI--I TI-4 5 Fl-TKIN COON-Pr C,Lr_91< 4- RECOFOr.Fl Br FITKIN COUNTY BOAâ‚¬D OF CCUI 47Â¥ COMIb/11â‚¬Â©lahIERD' OCALE* I "= 20' 1/~~ SELYAR#77LLT- FROM Tl-Â·15 /\DrEL>I CENTEF< FE)Fl ALFINE â‚¬URVETÂ© INC. [572 192,OLUBON EECOADED JUNE 24 1955 IN 093Â¤ IÂ©0 AT FAGE VACATED / /152Â«/ MVI MONMENTAL STUDIED SFEaALLy FLANINED 061\155 g KEE,EK, 0376, EXCE-FT-ING THEREFiÂ©Ivi -71-M-f romTION OF SAIC) VACATED BADE) OF DEARIAJGS / 37/ta- AffEA FINAL_ DEVELOflvIENIT Fl-API It TO IDE DNE: L.5 91 04 Â£)TidEET CONVEYED -10 THE l'ELEGEN-15 OF TKIE 01-4[VE!9)17 OF 1 er raJH D lvIONIUMEN-15 /0 SHOWN. 1 1 1 CONIDIDEFEE) AÂ© EAKT- OF T-1-4 19 SAVIE IXEU- COLOR,aCD er DEEP g EcomDED IN BOOK 256 Ar FAGE Â©77. / 191 ENT- IN FULFI LLMENT OF TÂ»IE CONOI TION& OF AFFIâ‚¬O\AL CONTAIN ED IN Aâ‚¬DFEH 61TY ~ (DUILIL OIAOINIANCE NJO. 0, Ill-7. NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. Alpine Surveys, Inc. Surveyed 1Â·30 13 0- L. Revisions 11Â· 8.93 11.01.17 Title Job No 66. Idft /5 In no event may any action based upon any defect in this survey be commenced Drafted 10 93 e R 41 5 15 I6.23.1 Â© AÂ©PEK] CENTER. FOR- ENVIKONÂ·IMIENnAL 3-IUDIEÂ© Client A.GE.Â©. more than ten years from the date ot the certification shown herein. Post Office Box 1730 Aspen, Colorado 81611 8-'3Â·95 3.31.CO Â©FECIALLY PLANNED A#KNA* 970 925 2688 0Â·07Â· 16 rIROFEEâ‚¬OK I--IOUDE BA-REE.L. ,5.Kl.CO 0. 19. 17 APPITIONAL EVOT ELEvATIONS 15.21.09 EKIDTING, OPhIDITIONÂ© OF 6.22.97 FROM HOODE CHANIGE 4 YUNT PI. 15.09 EIVI FLOT-EE 1-lott)11\16 AND 1\MEA[30W SHEET 3 OF 5 - 0 . . . MWIP** Â¢$ 0 . . . . . .. A-SPEN (]11 9 i ,~=ti , 17011 ]CN311*)NMENTAL STIJDIES â‚¬21'F#]I 4-LUT PLANNED AllEA FINAL DEVEL<)19IENT PLAN H~ A FC H . VU rl- , *09*/ 12 /2 712 1 38 + r r r . . 4 1,12. 1 \1 5,1 rIAH 12 -Al le ..1 I 1\ \ Of, i % I 0 4 0 f FLUE NrT Fly - ; la 37Â¢ 9 - r \39, 110' , 4%<t 9. 1 11 ; 1-te' 4%3 1' (* 1 1 4/ ' 49 40 09/ 4 % 2- 9 -Ff- lift.31 14 981 Â¥A-4 (Gwfy 7 421)t '3-/ p-A<DHI 2 - --- \ OV /3 ltÂ¢ ~1)1 ---4-4 0 Â£> sg. fi -Â«4421 <114~\ 3 ' -- ------ ----4-7 --------------- Hal-AL.- 4 - - 4 /f --~I[]11 -_ 7% fAIÂ·1131.6 '1 ' \\ _ ~1111 1 9 11 1, LA ' --1 - 1-9 11 TTY HANG RAIL|*LIARP RAIL ' I r ---=71 It Â· F_Ti------* ' . 0 11/4-1,4 F I fE wl v 4 CABLE.5 0 V.06 0 434 1('031 --- 44/0-jf---11Â»- i--- ------\,SVI -11,,Â» 1 311 0,6, (blq eMOWN HERE POR CU,ILITÂ© -1 I 1 2 *\ 34 <04 WEL-DEV TO C-CHANNEL. 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SLAE <3' 12*>T- (1. 641[=14) (INI i , L__ _-1 T. O, 1 At 9 90'1 I.HIT ~ - 1 9 .1 -- -- 17 n l A T 10'-40 r 11 3 90 -Â© S m g m ~ INEâ‚¬-1- ELE\<04-1- ION - - EDUTH ELE VAT1.0 1%1 (8) 4"= 1'-J - 4 . 11 Surveyed Revisions title ELEVAEIONS: TREE HCLbE Job No 860 9 1601,3 uPIT''any deifieoc~~~~h,ssltythrthZ 3202grUTarsiovaerasuch de~~~~ Alpine Surveys, Inc. Drafted 9.19.97 AÂ©fEN CENTER RDS MVIFONMENTAL 5[LDIES> Client A.C. E. Â©. In no event may any action based upon any defect In this sumey be commenced more than ten years from the date of the certification shown hereon Post Office Box 1730 Aspen, Colorado 81612 Â©rEGIALLY FLANINE[7 0#154 970 925 2688 FINAL DEVELOFAKIENT FLAH C,\37 01= Ae)FEN, COLO943O FRELT A OF 5 ...... .. F Ell A L STITE'llf A-SPEN 051, i i.*Jird 11 ..iLN, 18.06 .-31 jivify. .-31]EN ta SPECIALI-y PLANNED AllEA FINAL DEVELY, 1 1 .-T 1 11]EN'.1 PLAA + 12,91- 64.0 49 7 / f I. +. $. 4 7111 1 4 I C X ./ A 12 9 1 Id TO. R. FANEL @ 14. 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V \Â» Uff'ER LEâ„¢,*h eD 3 i u 104,-414 T ft'FfLE - ~ .2_- Vealâ‚¬ 14.f=. â‚¬IM. i. BAW16 PET'AÂ¢LS, 4Â·TRMÂ·.fLIA# 7-,1 , 1 10Â© + 7 Ii-- .1 la - 1[10 .1 , -rf M_in-=-*qi--) ---- 29 --27:==2=2~. il , , / r 1.< iyl â€¢ d u-A dj i~~~~ F- =11 .. 0.0. 2 xt ~k 1 +1 417 1 1 1 1 , 18 1 4 9 - di> -Fl (iiI> + :Iii . Â· --7, ' TAR F-Mi Â· 13.- : 10 6 L 1 Ot i 0 1.1 -\ 1 17<1'.... 1 1 ' - ' 1''F!/Vi-N 7 9 4 i iÂ·Â·Â·Â·- --~Â«-1 -.__2 4tz-=~1 : 1 - 1 . 1}Â· -,47'.."..4-- 4-flIes:. <. . 1 TECEHed* 1 1 1 IA,Ai~Â· rs:Nâ‚¬ W A,4 2 0.0, ST(ACCO = ! Eu coNC. G MAIN bEvel k Â· ! 4 0, GMC, 0 HAIN LEVEL (43 104,- 2- dy d Mirt* ro , 1, lei- 2 47 --r-- .- T-7 9: 4 1,04%* 1 F 1.6<5 H I NG Â»t h - . . . -U---1. 1 ' ~, i Â· i Â· 1. j j I t ' !' i r-14 i 1 -1 'L :-+ 1 T- 1 % 1-19 1 -- --1 3 9 FA>Â£- v. :--9.*Ak.St '211 i . Le. 91-AB & BA@ENIENT ~ 1 - - 17 - r. 1.- - 1-+ Tk 91-60 0 89@k~T. 61 toho 4, <.#; lot-1 0 9 mi E m ~ INEET- E LE VATIold Sall--1-1 E LE VÂ»-TION b/4 11 =11- 0 427-4 mi / 0 NOTICE. According to Colorado law you must commence any legal action based Alpine Surveys, Inc. Surveyed Revisions Title ELEVATIONS: 81-19\WBALE HOL)55 Job No 86 Huff, 3 upon any defect in this survey within three years after you first discover such defect. n no event may any action based upon any defect in this survey be commenced AÂ©FEN CENTE.K fet EX VIiÂ«)NlvIEKI-[AL SR-)01 Eâ‚¬> Client AG.E.Â©. Drafted 9.Im. 97 more than ten years from the date of the certification shown hereon. Post Office Box 1730 Aspen, Colorado 81612 Â©FEC,IALLY FLAbINE[7 ANDA 970 925 2688 FINIAL DEVE-LOPMENT rLAN CITZ Or AgF'ON, COLO19O0 2)VAULT 5 Or 5 0 . . . -1-#-f Â·08-19 X VW MEMORANDUM OF INFORMATION TO: Mayor Ireland and City Council THRU: Jennifer Phelan, Community Development Deputy Director John Worcester, City Attorney FROM: Jessica Garrow, Long Range Planner COPIES TO: Steve Barwick, City Manager Chris Bendon, Community Development Director RE: ACES Specially Planned Area DATE OF MEMO: November 9,2009 BACKGROUND: In 1997, City Council approved a rezoning and Specially Planned Area (SPA) designation for the Aspen Center for Environmental Studies (ACES). Any time an SPA is approved, an SPA Plat and Agreement must be filed within 180 days. The original Ordinance (Ordinance 6, Series of 1997. attached as Exhibit A) approving the SPA designation stated that 'failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) daystbllowing approval by city council shall render the plan invalid. Reconsideration of the final development plan and SPA agreement by the commi.ssion and city council will be required beft,re its acceptance and recording." Within the 180 days ACES requested a 180 day extension for recording the final plat and agreement (Resolution 82. Series of 1997). The Resolution included the same quoted language as the Ordinance. At the time, ACES did not record their plat or agreement, and it appears city staff did not follow up with them to do so. However, ACES has met all other conditions of the Ordinance, including construction of curb and gutter improvements and construction of affordable housing units. In 2006. City Council approved a long term lease agreement with ACES to build affordable housing and complete the Jenny Adair Wetlands project on the property. A COWOP was formed, but plans to build affordable housing on the site did not make it out of the COWOP. At that time, city and ACES staff realized the Plat and Agreement had never been filed and began working toward finalizing and recording the information. SUMMARY: Any time recordation of an SPA Agreement and Plat are required. staff conducts administrative review for compliance with original approvals, and ensures both meet formatting requirements. For the plat, this means ensuring it is drawn to a correct scale, includes a vicinity map, etc. Planning staff has met with the City Attorney to determine if it is necessary to return to the Planning and Zoning Commission and City Council for review of the final SPA Plat and Agreement when all other conditions of the final approvals have been met, including construction. Despite the language in the Ordinance, Planning Staff and the City Attorney believe the recordation of the final SPA documents is a technical requirement that should be handled administratively. REQUEST OF COUNCIL: Staff requests that City Council inform Jessica Garrow by email (jessica.garrow@ci.aspen.co.us) or phone (429.2780) by Friday. November 1311 if they would like the ACES SPA Agreement and Plat to be reviewed by P&Z and City Council. If staff does not hear from Council by that date staff will process the final recordation of the SPA Agreement and Plat administratively. ATTACHMENTS: Exhibit A: Ordinance 6, Series of 1997 - Original ACES SPA Approval RESOLUTION NO. ~~) Series of 2006 A RRSOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A LONG TERM LEASE AGREEMENT WITH THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES, AN INTERGOVERNMENTAL AGREEMENT WITH THE ASPEN CONSOLIDATED SANITATION DISTRCIT, AND AUTHORIZING PROJECT FUNDING FOR THE COMPLETION OF THE JENNY ADAIR REGIONAL STROMWATER QUALITY PROJECT. WHEREAS, there has been submitted to the City Council a Long Term Lease Agreement (Attachment " A") between the City of Aspen and the Aspen Center for Environmental Studies (" ACES") which agreement provides for the City of Aspen to lease from ACES for a period of forty years a parcel of land upon which the City proposes to build employee housing, and for ACES to lease from the City of Aspen for a period of forty years a parcel of land upon which the ACES parking lot will be constructed; and WHEREAS, there has been submitted to the City Council an Intergovernmental Agreement (Attachment " B") between the City of Aspen and the Aspen Consolidated Sanitation District to enable the City of Aspen to engage Western Slope Utilities, Inc. at bid prices for materials and labor established by a contract between the Aspen Consolidated Sanitation District and Western Slope Utilities, Inc.; and WHEREAS, there has been submitted to the City Council a Comprehensive Project Budget/Construction Costs for the Jenny Adair Project (Attachment " CD; and WHEREAS, there has been submitted to the City Council a Contract for Construction with Western Slope Utilities, Inc. for the completion of work required for the construction of the Jenny Adair Regional Stormwater Quality Project; and WHEREAS, the City Council desires to complete the Jenny Adair Regional Stormwater Quality Project and to enter into that aforementioned Long Term Lease Agreement. 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 approves the aforementioned Long Term Lease Agreement with the Aspen Center for Environmental Services in substantially the form as presented in Attachment " A" appended hereto ; the Intergovernmental Agreement between the City of Aspen and the Aspen Consolidated Sanitation District in substantially the form as appended hereto as Attachment " B"; authorizes the expenditure of funds as set forth in the Comprehensive Project Budget/ Construction Costs as appended hereto as Attachment " C"; and, approves the Contract for Construction with Western Slope Utilities, Inc. in substantially the form as appended hereto as Attachment " D". The City Attorney is authorized to approve changes to the aforementioned documents to comport with changes requested by the contracting parties and provided the essential terms and conditions are not altered without prior approval of the City Council. The City Manager and Mayor are authorized to execute the aforementioned documents and other related documents required to complete the contemplated transactions described herein. Dated: /*f , 2006. _~ 0 Helen Kal&1 KladkfGdJNi*or 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 Â£~ /~ , 2006. f ' '' Â¢h V Ea-Â·* b Ilathryn S. Koc~ City Clerk emeir F Construction License Aureement (City as Grantee) THIS CONSTRUCTION LICENSE AGREEMENT is made and entered into this A/,Â£1- day of June, 2006, by and between Aspen Center for Environmental Studies, a Colorado nonprofit corporation ("Grantor") and the City of Aspen, a Home Rule Municipality (hereinafter referred to as "City"). WIITNESSETH: WHEREAS, Grantor is the owner of certain real property located in the City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit A-lind appended hereto ("Grantor's Property"); and WHEREAS, Grantor is willing to grant to City a license for the purposes and under certain terms and conditions set forth herein on such poMion of Grantor's Property as is reasonably necessary to construct the improvements described on Exhibit Biind WHEREAS, City is desirous of accepting said license under the terms and conditions set . forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and City covenant and agree as follows: 1. Grant of License. Grantor, subject to the terms and conditions hereinafter set forth, does hereby authorize the City, and during periods of construction, its contractors, to utilize the License Area for the uses as permitted herein. Otherwise, this Agreement shall not be assignable except with the express advance written permission of Grantor. 2. Use. City may use the License Area for activities related to the construction of a project commonly known as the Puppy Smith Storm Water Project as described and shown on Exhibit B-ippen(led hereto and made a part hereof. "Construction" as and wherever said term is employed herein, shall mean all of the activity as contemplated in the project plan as more fully described and depicted on Exhibit B:'It is expressly stipulated that the use of the License Area is to be strictly private and use of the License Area shall not be a public use. This grant of a license is subject to all outstanding superior rights, recorded and unrecorded, and the right of the ACES to renew and extend the same. This license shall include all activity reasonably necessary to complete the improvements contemplated on Exhibit B~ncluding grading, access, staging, excavation, digging, dredging, planting, reseeding and re-grading. 3. Term. The term of this License shall be temporary and shall be for the time period of July 1, 2006 through November 30,2007. Unless extended, superseded or replaced by subsequent document, this Agreement shall automatically tenninate and be of no further force and effect on the end o f the term hereof. 1 4. Conditions. This License Agreement is specifically conditioned upon the following: a. City hereby agrees to make all improvements upon the License Area in accordance with the technical specifications and drawings appended hereto as Exhibit B.'1 City shall be responsible for all costs associated with said improvements along with contracting for said work and managing all contracts and work associated with said improvements. The City acknowledges that Grantor operates an environmental educational facility adj acent the License Area. All work associated with the improvements shall be managed so as to minimize the impacts on the operation of Grantor's facilities and programs on property adjacent the License Area. b. Prior to the start of any work associated with said construction, City shall meet with representatives of the Grantor to coordinate work, and obtain final approval of the actual work to be done and the scheduling and management of the work. c. At the conclusion of all work, City shall notify Grantor and Grantor shall have the right to inspect all work performed and to accept the improvements in conformity with the technical specifications appended hereto as Exhibit Bl City hereby agrees to perform any additional work that is reasonably required by the Grantor to ensure that the contemplated improvements conform to the technical specifications set forth in Exhibit 8-~ppended hereto. Further, the City agrees to restore any portion of Grantor' s Property disturbed during construction activity as close as reasonably practical to the condition of such property prior to commencement of construction activity. For example, if the City shall use an area within Grantor's Property for parking or construction staging, but such area is not to remain improved pursuant to the plans attached as Exhibit Bjthe City shall restore such area with plantings, re-grading and re-seeding such that, to the extent reasonably practicable, the portion of Grantor's Property on which improvements are not constructed will be restored to its current condition. d. To the extent permitted by law, the City shall at all times protect, indemnify, and save harmless Grantor from any and all claims, demands, judgments, costs, expenses, and all damages of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property o f any person or persons whomever, including the parties hereto and their officers, families, servants, agents, and employees, in any manner arising from or growing out of the construction of the contemplated improvements, or the failure to properly construct said improvements, and from all costs and expenses, including attorneys fees connected in anywise with the matters and things contained in this agreement, including any mechanic's lien claims for unpaid labor, services or materials affecting any of Grantor's 1 Property. Further, during times of construction, City shall require that all contractors and subcontractors carry workman's compensation insurance in at least the statutory amounts and builder's risk insurance in an amount agreeable to Grantor. Further during periods of construction, the City shall obtain, at its expense, and keep in full force and effect, with a reputable insurer, general public liability insurance for the Grantor's Property with a limit of not less than $1,000,000.00. All said policies shall name Grantor as an additional insured and the City shall provide Grantor with proof of such insurance. e. If the City shall fail to locate or construct said improvements in accordance with the terms and conditions of this agreement and to the entire satisfaction of Grantor, or shall fail to adjust the improvements to any changes required by Grantor, or shall in any respect fail to keep and perform any of the conditions, stipulations, covenants or provisions o f this agreement to be kept or per formed by the City, this agreement shall at the option of Grantor be void and of no effect; and this license shall cease and Grantor shall have the right to remove any improvements and restore the Licensed Area at any time thereafter at the sole cost and expense of the City. 5. Notice. Notices and other communications that may be given, or are required to be given hereunder, shall be in writing and shall be deemed given by the party when delivered personally or when deposited in the United States mail with sufficient postage affixed and addressed to such party at the respective address shown below: CITY OF ASPEN: City Manager City of Aspen 130 S. Galena St. Aspen, CO 81611 GRANTOR: Aspen Center for Environmental Studies c/o Tom Cardamone 100 Puppy Smith Street Aspen, CO 81611 6. Notice of Default, Right to Cure, In the event of any default under the provisions of this Agreement, the non-defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in de fault written notice of such default together with right for a period of ten business days after receipt of such notice to cure said default. If an alleged default by its nature is not capable of being cured within such time period, the party alleged to be in default shall, provided such party is proceeding with all due diligence, have up to an additional twenty business days to cure said default. If a default is not cured within the time provided or any extension thereof (which right to cure period shall not under any circumstances exceed in the 3 aggregate thirty business days), the non-defaulting party shall then and thereafter be free to pursue ally right or remedy allowed by this Agreement or otherwise by law, including the termination hereo f. 7. General Provisions. a. Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of Colorado. b. Severability, If any provision of this Agreement, or the application thereo f to any , person or circumstance, is found to be invalid, the remainder of the provisions o f this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. c. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Agreement, all of which are merged herein. d. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. e. Successors. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude ninning with the Property during the term hereof. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. GRANTOR: ASPEN CENTER FOR ENVIRONMENTAL STUDIES By ~ /i~~* i homas M. Cardamone, Executive Director State of Colorado ) ) SS. County of Pitkin ) 4 The foregoing instrument was acknowledged before me this Â·Â£6Â·44 day of June 2006, by Thomas M. Cardamone as Executive Director of the Aspen Center for Environmental Studies, a Colorado nonprofit corporation. Â·, WITNESS MY HAND AND OFFICIAL SEAL. . 3- . *Zax My commission expires: t Â·f 64 42 '.. O W 011Â£, ~*,1 yl M / JACKIE -Â·: Notary Public 8 l LOTHIAN j B /00# CITY OF A~PEy, COLORADO 1 . Title: 0,1-7 /9*.17.- State of Colorado ) SS. County o f Pitkin ) â€ž -The for,going instrument was acknowledged before me this .2-44#A day of June,1006, by Z~*~8â‚¬*C&WAAÂ¢63 thehAANAaER- of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. ...3,1 My commission expires: f JACKIE \ Â»bu 41613 i LOTHIAN J : O 2 Trtary Public OF COLO 2ACES-City Construction 1.icense Agreement rÂ¥.doe 5 EXHIBIT A-~cont) EXISTIING CONDITIONS MAP OF PUPPY SMITH STORM WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1 /2 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. ik Igg.Â·,4/gum.#Ad# CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO VIE,4~2213*al.e-3* t-1*~Â·2525&4. marÂ·Â·Â·7- ~E_,l_QE_* 9151*P.lif~4WbÂ·*.-Â« Â·Â·Â·Â·: \\ I ' 4/' s,r,10. I \ 4 \\\ .. y-=.VT, '6Â·*Â£~~~~~~ ragac#9* ~ 8.RASS CAP -=19-91.44#(444*UU.42 1 1/ vic-*02[ .Apt 2~,58~,12 9%....c...EWO'~N'5~ 133Â· 447,Â·Â·-r.. Â·-- - , pr L , t. Â·\ 0. -97 1Â£ r. -3. 41+11-Z- 53 F K Pro. - - --1=3*i x * .2 1 1 I ...1 t. 1 51â‚¬. ~ '11''t*~2-44-~Â·02.1.' - "40----1 --I-->it./.- /30--A .24 ~'~' t v ~2 ki*,"~~44. Â·Â·~Â·-=~ ~ 800//4. T. $ i -- \ - //m-///8/~/4 3/4 -M ; PAGES 472 I m ek".6 \ *Lirryaâ€ž 4$6 + , : Witjfff'/174,~ -/5" NU #11 t -' 8-ZA %41 & 'i , ...14,2-2-m= VJCSÂ¥IrY "AP 34% te:- R 1-\ 9-\ : I- - 6,011%27.*23Wm,&:6 . Â· 1 800/ se .d k z i --4-21 i,3, RECEPr./ ple,7,5 I ./.2 DATI OI SURVEY ./S.'ARY M, #/ 2./. .'UL' 200/ DATE D' PUPARATION .KBRUARY MAI. 2003 3) BAS. 0/ BEARING , BEARING I. S ..4 /2 E RETWIN THZ 1.. ... OF 'SPEÂ»-Â·Sps ....... PA.I. 3 WONUMEN. 3 . Al,UENUM Ca- SfAMPED GPS -1 PLS 28'~50 A7 STREEr !}frKRUCMCHS 0,6Tlri.Â»OP,ONS r ..... hÂ»RSE [fi AND ~ST IN{~oPIONS. WHICH ESTABUSHED & S;n ' I.Iry I E. ....JON BOOK ....... BASIS OF I BEARING: 0, / m.'=r I BETÂ¥*EN m \ ./.7 I. Lors 6- 2 U ~czptio,1 wner; Al#;LE POPfr ON â„¢E EAST BOUND.Utr OF LOT t. . \ ./ i mor .â€¢0 ..g' 2â€¢, r .... d * -I. \ mol ,... I.C. 977 --0 alocr t A POUND BAAES CAP STAMPRD -PRQP CSMY 12~ 0-20Â·Â·. AND Tax â€¢ Uâ€¢ V 3ECMON 7. A ~U#D Bul IR,SS CAP AS SHOÂ¥/ 1125!FrNâ„¢ 130,7,9 4} BAS. W SURVEr 7712 RECUIDn FLATS OP Un Â¥1- ADDI'MON TO TH' crrr j,1/ ro,Ns./ oF ASPD I IMJEMAN NVCHBORHOOD COM~/!iCUL p..... v.... i~i,/./. 0/ R=:olu,.....I FOUND Cor. NIE,rr ALigUOT CORNE,L SUDDIV'SION Ler CORNER. AN' PARCEL CORNER WONU~INTS 48 . ---1.___ 4, --D .31 'RUEMAN NEmIBORHOOD + . ...N Coll......0.0.nWON - Â«REDÂ£Pr.M #02233 4 I 11 PLAT 306/ 5 PACE 1, Br sopm ENCINERRING, Luc (an 19 DEr.,un- 5, THES SURVEr DOES NOT EGNS'NTURE A T.LE SEANCH */Re)/ P!~OPE]trY h 0~NER=HIP 08 KASEMENÂ·rs or RECOMil M},4.ILL FNFOR,IATION REGARDING EASCMENTS. WGHr-0. Ar AND/nR TrrLE C}F RECORD H ..1.IED :PON â„¢E ... 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T.U.-Cl ./a=*S'. / L , /0 , ./pll ./.... --\ 4 1 - 1. flij Lge.. 1 CON<na crio~ UCENSe ~ 91 4 * 2 .- - ' 4 4'.' *M 10 . -V.' Â· 'Â· ' \ 5 \ -- - Â».m-44 -511 - 11 . 70Â» A b \441\% r. 11\ Â·rs- , ~ Juty *06 j TRM(Wf ~ Â·Â·Â·= r-. --- 5 Noveft Bel~ 2-09 . li * ':- 1 - 'j / I .. ' 10' h. \ ' ,/84 r ,IN * C 0 . . fl p... ./.- 4. '1 , %1: \1 ASPU , I EW= .3 p 11. 1 1 \ \\ // / . ,AF C=7- 7~2 3 L . 1-, D-sa- J-' 1 \ GRAPHIC SCALE 0- L A PJT- \ \ m-,an' Â£ ka, 16EE eâ‚¬ET I fr 41 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 JUIN STREET. SUITE A3 CARBONDALE. COLORADO 81623 527~rer.st#9 (970) 704 -0311 2~14 ,77Â·77Â·M, 7~-,-G,1~,7,C 0.0.â€¢+I:,1000.0.;TI' D..e EXHIBIT B~(con .- 8 EXISTI~NG CONDITIONS RAP OF PU-PPY SMITH FTORM WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P. iM 9=F 9-FF- 3 05 4 CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO miE2_LDE-4 Ful /21 EaSTING CONDMONS LEGEND 00â‚¬VTÂ»k T. 1.-NG ..L EleSâ„¢g Je001 ~ET-- -L M -D==191- EÂ¤â„¢C al. LÂ». 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P.DEST& i., Eoslâ„¢G CAN PE.Â¥TA. . 1 A E~Tâ€¢â€¢G #I â€¢/4 . 2. *.%-4/1#/ 1 ,Â»-fi~31 ~~-Iri- "t- 0~ / luq~I,Â£--3 <\\C\\ L i I ./ - '=/ 0 - -~-71%1-- ./- X- R 6.' --- %* /-- 3 AA F :V 3,;. te,el. 1 El t \ . 1%.JAâ€¢\.\(<I.I.kil'Or\11/ i D-- L. 2 J \Ur-â€ž,4 0 ./1 1 - 1,-*LLIN Â£3_t-r~- 8 1 4.,%.441 1 1.Â« 4 1 9-- .1 1 1[ vmtÂ®.\ ' 4-'1 f '. fÂ»1~~''0 =r:4- y : t, wÂ·â€¢A Â·.l \\M\$1\\\ 1 GRAPHIC SCALE 7 >tce.5. ,72#eÂ»*.,;E .- ~ \;1:11.1,1 -\ 1,\1\,11,1,\11.43 / 1 , ' .;/79 j 2'/,;' LX â‚¬EE 91EET 5 6, 4 i L-h . 20 IL SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE. COLORADO 81623 (970) 704-0311 93'*(DO i .....14 Xqi#.0.0:Ti EXHIBIT Bicont) - ....r. EXIST'ING CONDITIONS MAP OF PUPPY SMITH ETO-RM WATE-R P-ROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN COUNTY OF PITKIN. STATE OF COLORADO SEFT 4 OF 1 REE--*Er Z Or= 4 EnSTING CONDITIONS LEGEND 00/.<'..T--G ... rwt*=Â·Â·h,Â·ii I v. U. -4.-- 3Â¥MCH - 34fdZ/,\*1 ---1..7 -# -_ i. e %29.-0 2.. .v ..7.,79, * A.,T- aS, Nr N *B 04 4. 231 114Â· aj.. Ig _4 f ht.1,- , L EX-01 .46,--= h 7 0 /-jo- '-1~ 7'k C ='â€¢G .CUUE,1 \\' t, 4 1 5 , . I / .-1- 0-'.-et *I-'ll. I Nt / .1 % / 1 * 1. .ya,r.,8.3,Â· POLÂ»~ ~EBAÂ» I .\ 01 1 1. / .... C..U 'I. A -*1.-u O-> 3249.2?t 17 4Â£31 aÂ·,r , rE> 0 f *#Achly# 11/ 5 CortoNWoop il , M32711* E 1 1 . It V. i f/ ; --r,rm~ ~---&9 1.7 â„¢Sl. OVEAâ‚¬Aa El.Â£CraC 4 i r.irk/RI-'/ '' v'r-zia 2\ 1 es- a ELEC* 4 I ' '*29**Rt17' -7.-- f. 4 C.,11.G., AP 72-r"' i \ .-- POST OFFK' at/ILDING K \ T Hil,261 Z - "- 4 \ \ 9 .t ~ 5*~ F~kil \ 1%* ...1 .// 44 Ar&<#PmvMWA 1 \ 1 * .1 '2't --#7., Â£*,"Cr ,~'~9vel- - ___d -rE, v 11 / # 1 .r/cultÂ« â€¢70, h- 1 1 OON ~a-IDN UCENSE 'a~a--t q. Â£1~Â»IG CAry Â»C~3~ .1.1 - ,â€ž. 7. ,-4 - / -'. . -1.5.â€ž. ' 4/./r. . -.. #t ... Â¥ FFjo D Â·- ti 4 Â· 0-, \1:U734. 6317 . .76 ' --'.---â„¢ r f - t -A LY 0.006 TRMU6Ft / y .-,t ~.cm-%7- . 1\\3 1 d OVEM DE# 9Â©07. M---42=9 --2-2-â€¢22*u-1.l =-- . '/o -/ .lai f 10* eNiL--4 .i.3332..2-9~4* ~ ---:- A 7~C -Â·93%=4 :; - ~ 1''g>---r~- ~ 0 -ect= st.92 -*- < - .~'~443%44~n --3-21 V.1 - 7/ '3,1. // a .. 1 ' Z-m. %*Ii-ky #<APXâ‚¬22*92E~ %--*I%/-#;---) ) -., 14.~'*Int-x - GRAPHE SCA.62 ' ~,b-<:im/Zj*bs--J-V-Â·-p-=-=9* \. \\ . - ---- â€¢ -==1â‚¬372=.398.3.%-'SÂ«Â· ' >1046~41'\~ir~Â· 3~, -0- ~ SOPRIS ENGINEERING - LLC CIWI. CONSULTANTS 502 MAIN STREET. SUITE A3 1,c,nc* ~C~C-1- ro cclc-00 L- al ,~m Wi*-~S *.- CARBONDALE. COLORADO 81623 ErfeEETEEâ‚¬CE (970) 704-0311 ..80 0 lilli '*X'RF 0*'. ... AGREEMENT FOR LONG TERM LEASES THIS AGREEMENT, made and entered on this , 2006, by and between the City of Aspen, a Colorado home rule municipal corporation ("City"), and Aspen Center for Environmental Studies, a Colorado not-for-profit corporation ("ACES") . WHEREAS, the City owns a parcel of land commonly known as the Puppy Smith parcel (the "Puppy Smith Parcel") as more fully described in Exhibit "A" appended hereto and by this reference made a part hereof; and WHEREAS, ACES owns a parcel of land commonly referred to as the ACES Parking Lot (the "ACES Parking Lot Parcel") as more fully described in Exhibit "B" appended hereto and by this reference made a part hereof; and WHEREAS, The approximate locations of the Puppy Smith Parcel and the ACES Parking Lot Parcel are shown on the location map attached hereto and labeled as Exhibit "C" and WHEREAS, the City and ACES have no immediate need for their respective parcels of land and desire to enter into long term leases to each other under the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereto, for the consideration hereinafter set forth, agree as follows: L The Puppy Smith Property. City agrees to lease to ACES, on the terms and conditions set forth below, The Puppy Smith Property. 2. The ACES Parking Lot PropertY. ACES agrees to lease to the City, on the terms " and conditions set forth below, the ACES Parking Lot Property. The capitalized term "Property as used hereinafter may refer to either the Puppy Smith Property or the ACES Parking Lot Property, or both, as the Context may require. 3. DATES AND DEADLINES. Item No. Reference ~ Event Date/Deadline A 5d Subdivision deadline 12/31/06 B 6 Title Deadline 11/30/06 C 6 Survey Deadline 11/30/06 D 6 Survey Acceptance Deadline 12/15/06 E 6 Document Request Deadline 12/15/06 F 7a Title Objection Deadline 12/15/06 G lb,7b Off-Record Matters Deadline 12/15/06 H 7b, 7c Off-record Matters Objection Deadline 12/15/06 1 10 Property Disclosure Deadline 12/15/06 10a Inspection Objection Deadline 12/15/06 lob Resolution Deadline 12/30/06 4b City Council Approving Resolution Deadline 6/30/06 11 Closing Date 2/2/0/07 15 Possession Deadline Date 2/20/07 15 Possession Deadline Time 12 noon 4. LEASES. The parties agree to execute [eases in substantially the form as the < Lease Agreements appended hereto as Exhibits D and E. I he terms of the respective leases shall he for a period of forty (40) years starting at 00:01 a.m. on the date following the closing < date and terminating forty (40) years later at 12:00 midnight. ~ contingent upon the following: 5. CONTINGENCIES. The transactions contemplated herein are specifically a. City is a Home Rule Municipality governed by a City Council. The City Council shall approve this Agreement as a condition to the closing of this Agreement 4 evidenced by a duly approved resolution of the City Council. The resolution approving this Agreement and the Lease Agreements shall be completed on or before the City Council Approving Resolution Deadline (Â§34 The City Council, in its sole and complete discretion, may approve or deny approval of this Agreement for any reason, or no reason at all. b. City by entering into this agreement expresses its intention to pursue atl necessary land use approvals to construct on the ACES Parking Lot Property - condaminiumized townhomeifor use as deed-restricted employee dwelling units that will be rented or sold to local qualified employees. As part of this project, City hereby covenants that it shall not remove or otherwise destroy the following trees on the ACES Parking Lot Property after its lease to the City: i. The large evergreen tree on the North East corner of the ACES Parking I.ot Property; n. The cottonwood tree on the North-west corner of the ACES Parking Lot Property; anci 111. The grove of pine trees currently buffering the ACES Parking Lot property from the adjoining U.S. Post Office property. In addition to the foregoing, City agrees to obtain ACES' prior written approval of the architectural style and manner and method of construction of the improvements to be placed on the ACES Parking Lot Property, it being the express, stated intention of the parties to construct energy efficient "green" buildings in a style that is not inconsistent with ACES' "tree house" building. c. City by entering into this agreement hereby covenants that it shall maintain a set hack area comprising a ten foot strip running along the south side o f the ACES Parking Lot Property after its lease to the City. "Set back area" as that term is used 01*t-'796.- 6.>313_j-x--: 4 1 to herein shall have the same definition and restrictions as set forth in the City of Aspen's land use code. Notwithstanding any such definition or restrictions, City further covenants that it shall not use the ten foot set back area for the construction of any amenities whatsoever, including, but not limited to, porches, walkways, garden walls or containers, fences, trellises, or anything of a similar nature. d. The AGES Parking Lot Properly has not been previously subdivided and the parties hereto recognize that in order for the ACES Parking Lot Property to be developed as contemplated, it must be subdivided in accordance with the City of Aspen land use code. The City, at its expense, shall file an application for said subdivision and take all steps necessary to obtain said approvals from the City prior to the Subdivision Deadline. e. City covenants that it shall grant to ACES a license to construct a new entrance pillar similar in form and kind as the entrance pillar now existing at the entrance to the ACES Hallam Lake property on Puppy Smith Street. The entrance pillar may be constructed on the City-owned electric switch station property adjacent to the Puppy Smith Property, and shown on the Jenny Adair/ACES Revised Plan, dated August 1, 2005, attached hereto as Exhibit "C" The entrance pillar shall be subject to relocation or removal by the City, at its sole cost and expense, if at some time in the future the City and ACES decide that the entrance pillar should be relocated or eliminated. f. City shall build and install, at its sole cost and expense, no later than 90 days following the Closing Date, an 18-space gravel parking lot, landscaping with improvements, site signage and fencing on the Puppy Smith Property in accordance with plans and specifications set forth in the lease agreement set forth on Exhibit "E" In addition, City shall provide maintenance and upkeep of that portion of Puppy Smith Street extending through and to the entrance to ACES Hallam Lake property. g. City shall perform drainage work, to the satisfaction o f the City Engineer, at the current entrance to the ACES Hallam Lake property, no later than 90 days following the Closing Date. h. City shall, at its sole cost and expense, cause to be demolished all structures currently located on the Puppy Smith Property no later than 90 days following the Closing Date. ACES shall cooperate with City in connection with tile processing of all necessary applications for the work contemplated hereunder. 1. City shall cause to be constructed various storm drainage facilities, including pre-treatment sediment basins, underground pipelines, vaults and the like, all to conduct storm drainage water to the Jenny Adair Lake and wetlands area. At closing, ACES shall grant to City a temporary construction license and Storm Water Sewer Easement agreement in the forms attached liereto as Exhibits "F" and "G" for the construction, maintenance and operations of the stornl drainage facilities. City shall be obligated, at its sole cost and expense, to perform all water treatment (including hazardous material removals), activities on storm water flows prior to discharging the same on to ACES property. The storm drainage facilities shall not materially adversely 3 00 impact the root systems of the existing "old-growth" trees on ACES properly. Prior to selecting the depth, width and alignment of the excavations for the storm drainage facilities, City shall consult with ACES. 6. EVIDENCE OF TITLE. On or before Title Deadline (Â§3B) each party shall furnish to the other party, at each party's sole cost and expense, a current ALTA commitment for teasehold title insurance on the party's Property to be leased iii an amount equal to $1,000,000.00, from a title company acceptable to the other party. The title commitment shall commit to delete or insure over the standard exceptions which relate to: (1) parties in possession; (2) unrecorded easements; (3) surveymatters; (4) any unrecorded mechanics liens; (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by the party responsible for obtaining the policy. Each party shall cause the title insurance policy to be delivered to the other party as soon as practicable at or after Closing, but no later than 90 days following Closing. On or before Title Deadline (Â§3B), each party, at the party's expense. shall furnish to the other party at or before Document Request Deadline (Â§3E), (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the property to be conveyed by that party, and (2) copies of any other documents listed in the schedule of exceptions (Exceptions.) The title insurance commitment, together with any copies of such documents furnished pursuant to this Section shall constitute the title documents (Title Document.) 7. SURVEY. At City's expense, improvement surveys of each Property shall be prepared from an on-the-ground inspection by a surveyor registered in the State of Colorado, which surveyor shall appropriately locate all boundary corners of the Property not previously located. Such survey shall be dated as of a date no earlier than two years prior to the date of this Agreement and shall contain: (1) The correct legal description of the Property to be leased by platted lot description if the Property is platted, otherwise by metes and bounds description; (2) All property dimensions of the Property and the location of all boundary corners o f the Property, (3) The number of square feet contained within the Property (to at least the nearest hundredth o f a square foot). (4) The location of any and all easements, water courses, and rights-of-way which are revealed by a physical inspection of the Property or the commitment and showing the recording information for any easement or right-of-way created by a recorded document; (5) The location of any and all improvements located on, under, or encroaching onto the Property including but not limited to any and all buildings, sidewalks. paved parking areas, roads, poles, overhead power lines, and fences. 4 (6) A certificate to the parties and the title company engaged to provide a title commitment. It shall be considered a defect in title hereunder if any improvement located on the Properly encroaches upon adjacent lands or if any improvements on adjacent lands encroach upon the Property. Such survey for each Property shall be completed by no later than the Survey Deadline (Â§30. In the event that the party to receive the property, in its sole discretion is not satisfied with any of the matters reflected by the survey, that party shall have the option to terminate this Agreement by giving written notice to the otlier party, which notice must be given no later than 5:00 P,M. M.D.T, of the Survey Acceptance Deadline (Â§3D). If a party fails to terminate the Agreement as set forth above, the survey review shall be deemed to have been satisfied. 8. TITLE. a. Title Review. Each party shall have the right to inspect the Title Documents. Written notice by a party to the other of unmerchantability of title or of any other unsatisfactory title condition shown by the title documents shall be signed by or on behalf of that party and given to the other party on or before Title Objection Deadline (Â§3F), or within five (5) calendar days after receipt by the party of any Title Documents or endorsement adding new Exceptions to the title commitment together with a copy of the Title Document adding new Exceptions to title. If either party does not receive the other party's notice by the date(s) specified above, both parties accept the condition of the title as disclosed by the Title Documents as satisfactory. b. Matters Not Shown by the Public Records. Each party shall deliver to the other party, on or before Off-Record Matters Deadline (Â§3G), true copies of all leases(s) and survey(s) in each party's possession pertaining to the Property and shall disclose to the other party all easements, liens and other title matters not shown by the public records of which the parties have actual knowledge. Each party shall have the right to inspect the Property to determine if any third party has any right in the Properly not shown by the public records (such as unrecorded casements, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by one party or revealed by such inspection shall be signed by or on behalf of the party and given to the other party on or before Off-Record Matters Objection Deadline (Â§311). If either party does not receive the other party's notice by said date, that party accepts title subj ect to such rights, i f any, o f third parties o f which that party has actual knowledge. c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY 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 I,EVIES 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 WIYTHJOUT SUCH AN INCREASE IN MILL LEV1ES. EACH PARTY SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHRORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICTS SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR INCREASE IN SUCH MILL LEVIES. 5 . In the event either parcel of land is located within a special taxing district and either party desires to terminate this Agreement as a result, if written notice is given to the other party on or before Off-Record Matters Objection Deadline (Â§3II), this Agreement shall then terminate. If either does not receive notice from the other party by tile date specified above, that party accepts the affect of the Property's inclusion in such taxing district(s) and waives the right to so terminate. d) Right to Cure. If either party receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, the other party shall use reasonable effort to correct the unsatisfactory title condition(s) prior to Closing Date. If either party fails to correct said unsatisfactory title condition(s) on or before Closing Date, this Agreement shall then terminate, provided, however, the other party may, by written notice received by the party, on or before closing, waive objection to said unsatisfactory title condition(s). 9. LEAD-BASED PAINT. N/A ' 10. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE PARTIES. Both parties hereby covenant, represent and warrant to the other party the following, all of which shall be true, accurate and complete as of the date hereof and shall survive the closing: a. Status and Authority. Each party has the right, legal capacity and authority to enter into and perform its obligations under this Agreement, and the documents to be executed and delivered pursuant thereto. b. No Liabilities. Prior to or at the time of Closing, both parties shall pay, or otherwise secure the release of, every debt, account payable, liability or obligations or any nature whatsoever, contingent or otherwise, that is, or could become, a lien or other encumbrance against the Property, and hoth parties shall not engage in any action with respect to the Property between the date of execution of this Agreement and the closing date that could give rise to a lien or claim against the Property. c. Litigation. No action, suit or proceeding is pending or, to the best of either party's knowledge, threatened against the Property or either party or affecting either party's interest iii, management of, or other activities with respect to, the Property. Neither party is in default of any order of any court, arbitrator or governmental body respecting the subject Property. d. Environmental Matters. To the best of the either party's knowledge, there are no hazardous materials on the Property and the Property has never been used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce. process, or in any manner deal with hazardous materials. For purposes of this Contract, the term "hazardous materials shall mean any gasoline, petroleum products, explosives, radioactive materials. hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorinated biphenyl or related or similar materials, 6 asbestos or any material containing asbestos, or any other substance or material as may be defined as hazardous or toxic substance by any environmental law, ordinance, rule or regulation of any governmental authority, including without limitation, the Comprehensive Response, Compensation, and Liability Act of 1980, as amended (42 USC Sections 9601, et seq.), the Hazardous Material transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U,S.C. Sections 6901, et seq.), and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251, et seq., and the Clean Air Act (42 U.S,C. Sections 7401 et seq.). e. No Notice of Violation. Neither party has any knowledge of and has not received notice of any pollution, health, safety, or environmental violation with respect to the Property or any portion thereof which has not been cured. f. No Conflict. The execution and delivery of this Agreement and the documents required hereunder, and the consummation of the transactions contemplated herein, will not: (1) conflict with or be in contravention of any provision of any law, order, rule or regulation applicable to either party or the Property; (2) result in the breach of any of the terms or provisions of, or constitute a default under, any agreement or other instrument to which either party is a party, or by which it or any portion of the Property may be bound or affected; (3) permit any party to terminate any such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of either party; or (4) result in any lien, charge or encumbrance of any nature on the Property other than as permitted by this Contract. g. True and Correct Information. To the best of the parties' knowledge, no document, certificate or written statement furnished to the other party and its attorney by either party in connection with this transaction contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact necessary in order to make the statements contained therein not misleading. Additionally, each party has disclosed all encumbrances and/or defects in title not shown by the public records and al] title documents of which either party has actual knowledge. h. Use of Property Pending Closing. Between the date of this Agreement and the closing date, either party: (i) Shall maintain the Property in its current condition, normal wear and tear excepted. (ii) Shall not permit the Property to be used or operated in any manner that would be in violation of any local, state or federal law or regulation. i. No Other Contract. There are no other Agreement or agreements, oral or written, which affect the Property, which will survive the closing, except as disclosed in the title insurance policy as provided either party. 7 11. PROPERTY DISCLOSURE AND INSPECTION. On or before Property Disclosure Deadline (Â§31), both parties agree to provide to the other party with a written disclosure of adverse matters regarding the Property completed by the party to the best of that party's current actual knowledge. a. Inspection Objection Deadline. Both parties shall have the right to have inspection(s) of the physical condition of the Property, at the party's expense. If the physical condition of the Property is unsatisfactory in either party's subjective discretion, that party shall, on or before Inspection Objection Deadline (Â§3J): (1) noti fy the other party in writing that this Agreement is terminated, or (2) provide the other party with a written description of any unsatisfactory physical condition of the Property which the party requires the other party to correct (Notice to Correct). If written Notice to Correct is not received by a party on or before Inspection Objection Deadline (Â§3J), the physical condition of the Property shall be deemed to be satisfactory. b. Resolution Deadline. If a Notice to Correct is received by either party and i f the parties have agreed in writing to a settlement thereof on or before Resolution Deadline (Â§3K), this Agreement shall terminate one calendar day following Resolution Deadline (Â§3K),unless before such termination either party receives from the other party's written withdrawal of the Notice to Correct. 12. CLOSING. The parties hereto agree that closing shall be scheduled no later than Closing Date (Â§3M), provided, however, that prior to the Closing Date the parties may mutually agree to an earlier date. The hour and location of Closing shall be mutually agreed to by the parties. 13, DELIVERY OF TITLE AND EASEMENT. Subject to tender or payment on Closing as required herein and compliance with the other terms and provisions hereof, both parties shall execute and deliver good and sufficient lease agreements at Closing leasing the Property to the other party free and clear of all taxes except for pro-rata share of taxes for the year of closing; and free and clear of all liens for special improvements installed as of the date of closing, whether assessed or not; and free and clear of all liens and encumbrances except those disclosed by the title commitment which do not, in either party's reasonable discretion, render title unmerchantable. Within a reasonable period of time not to exceed ninety (90) days, each party agrees to pay full costs and premiums for, and deliver to the other party, fully executed title insurance policies consistent with the title insurance commitment referenced above. 14. PRORATION. Real estate taxes and assessments of the year of closing (if applicable) shall be prorated as of the date of closing, based upon the current year' s levy and assessment, and if not available, based upon the previous year's levy and assessment. Rents, if any, shall be prorated based on rents actually received as of the date of closing. Each party shall assign all leases to the other party and the other party shall assume such leases. Water, sewer charges, and other utility charges shall be prorated as of the date of closing. All proration made pursuant to the provisions of this section shall be final. 8 15. CLOSING COSTS, DOCUMENTS AND SERVICES. a. The parties hereto shall pay their respective closing costs at closing, except as otherwise provided herein. b. The parties hereto shall sign and complete all customary or required documents at or before closing. c. Fees for real estate closing and settlement services shall not exceed $500,00 and shall be shared equally at closing by the parties hereto. d. Each party, at its sole expense, shall deliver to the other party a current certificate of taxes due covering the Property and a statement of personal property taxes due, both prepared by the Pitkin County Treasurer. 16. POSSESSION. Possession of the Property shall be delivered to the party on Possession Deadline Date (Â§314), and Possession Deadline Time (Â§30). If either party, after closing, fails to deliver possession on the date herein specified, the other party shall be subject to eviction and shall be additionally liable for payment of $500.00 per day as liquidated damages from the date of agreed possession until possession is delivered. 17. NOT ASSIGNABLE. This Agreement shall not be assignable by either party without the other party's prior written consent. 18. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this Agreement, the Parcels shall be delivered in the condition as of the date of this Contract, ordinary wear and tear excepted. 19. TIME OF ESSENCE/DEFAULT/REMEDIES. Time is of the essence hereof, if any note or check received or any of the payments due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed within the time frames specified herein, there shall be the following remedies: a. IF EITHER PARTY IS IN DEFAULT, then the other party may elect to treat this Agreement as canceled, in which case all payments and things of- value paid hereunder shall be forfeited and retained on behalf of the parties, and the parties may recover such damages as may be proper, or either party may elect to treat this Agreement as being in full force and effect, whereupon the other party shall have the right to an action for specific performance or damages, or both. b. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this Contract, the court may award to the prevailing party its reasonable costs and expenses, including attorneys and expert witness fees. 20. SURVIVAL OF COVENANTS, REPRESENTATIONS AND WARRANTIES. The covenants, representations, warranties and indemnities made by the parties to this Contract, and the obligations and agreements to be performed or complied with by the respective parties 9 hereunder on or before the closing date, shall survive the closing, but shall terminate and be of no further force and effect on the third anniversary o f the date o f closing. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this Contract. No supplement, modification or amendment of the Agreement shall bc binding unless executed in writing by the parties hereto. 22. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 23. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successor and assigns. 24. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, the parties hereto acknowledge the advisability of obtaining the advice of independent legal regarding examination of title documents and the terms of this Agreement. 25. GOVERNING LAW. This Agreement shall be governed by and be construed in accordance with the laws of the State of Colorado and the parties hereto hereby consent to the exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising hereunder. 26. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 27. TERMINATION. In the event this Agreement is terminated for any reason, pursuant to the terms hereof, all money payments, with any accrued interest, and things of value paid hereunder shall be returned forthwith to the other party. 28. NOTICES. All notices and other communications tendered in connection with this Agreement shall be in writing, and shall be deemed to have been duly given when delivered in person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail, postage prepaid and properly addressed as follows: To City Office of the City Manager City o f Aspen 130 South Galena Street Aspen, Colorado 81611 With a copy to the City Attorney at the same address. 10 To ACES: Aspen Center for Environmental Studies 100 Puppy Smith Street Aspen, Colorado 81611 Attention: Toni Cardamone, Executive Director 29. FACSIMILE TRANSMISSIONS. It is mutually agreed upon by all the parties to this Agreement that, if necessary, facsimile communication shall be an acceptable and binding form of communication. An original shall be provided to the other party(ies) at closing with original signatures. 30. ADDITIONAL PROVISIONS. a) Both parties agree and acknowledge that Colorado Revised Statute Section 39-22- 604,5 provides that in the case of any conveyance of a Colorado real property interest, the person or party providing closing and settlement services shall be required to withhold an amount equal to 2% of the sales price or the net proceeds resulting from such conveyance, whichever is less, when the transfuror is a non-resident of the State of Colorado. Each party shall be obligated to either comply with the withholding requirements of CRS 39-22-604.5 or provide an affidavit in form and content satisfactory to the person or party closing and settlement services certifies that both parties are not subject to the withholding requirements. b) Each party hereby warrants that it is not subject to withholding as defined under Internal Revenue Code Section 897 (Foreign Person Transferor) and will execute an affidavit to that effect prior to closing. CITY OF ASPEN: 4- )4_ ld- 4.,_j 5.-1-06 City Manager Date ACES: 7- 31 Â·06 Date ritle : .J.~ 4 vt-CT- D/22- JPWÂ· saved. 5/26/2006-485 1-G:\john\word\agr\aces-Lease-agr5-26-06.DOC 11 EXHIBIT "A" Legal Description to the "Puppy Smith Parcel" City of Aspen, Puppy Smith Property, Lots 1,2 and 3, Block 4, Lakeview Addition to the City and Townsite of Aspen, City of Aspen, County of Pitkin, State of Colorado. 12 EXHIBIT "B" Legal Description to the "A(IS Parking Lot Parcel" A parcel of land situated in the SE1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., City of Aspen, County of Pitkin, State of Colorado; said parcel being more particularly described as follows: A parcel of land commencing at the west 1/4 of said section 7; thence S20 deg 58' 10"E a distance of 941.29 feet to a point on the northerly boundary of that parcel of land described in reception number 386966 ofthe Pitkin County Clerk and Recorder's Office, the point of beginning; thence S77 deg 06' 23"E along said northerly boundary a distance of 125.61 feet; thence leaving said northerly boundary S42 deg 57' 37" W a distance of 116.0 feet; thence N60 deg 20' 51" W a distance of 92.91 feet; thence N29 deg 09' 21 "E a distance of 76.67 feet, to the point ofbeginning; said parcel containing 9,867 square feet more or less. 13 EXHIBIT A IMPROVâ„¢ENT LOCATION SURVEY\EXISTING CONDmONS MAP oF CITY OF ASPEN, PUPPY SMITH PROPERTY LOTS 1, 2, AND 3, BLOCK 4, LAKEVIEW ADDITION TO THE CITY AND TOWNSITE oF ASPEN CITY OF ASPEN,COUNTY OF PITKIN, STATE OF COLORADO m~Ll_QU 1, ,/ Icin i N r - 4 03 + 9=k-Â·477 r 4% I f . '\ LÂ¥ _0 / I U--f-~LA L 2,a L - l. I A 24,/ MAM N.p g I VI SECT./ 7 :3 / ~'~;Â»AÂ·Irt- V- 1 ..itjtiLitjaftssititit GRAPHIC SCALE - 1_2= 19- I arr ' VICINITY MAP --- C-,(C Â» cm ./.0, -b //Â«7 le - *41 Â»4\ .Ar./. I ./4 . ' lit ./. '.1 880?EKEL 256&Â£[18 I I Lars f, I AND I r-,cm IP. .-==& 1 I Unymâ€¢ ADâ€¢mON Te â„¢r crrr AND To,NS,rt 0, Aspe t -t PAFCRL 2-~ 1 ...0- PARCM. 4 BOOK 588 1 *lky- ' 'ren...rE lor'-(N ....1 1%7". P %2 78 .7 *2 5 lar ./. t 1 , Rmly ......7 -fs .....Bll Logic' 90/Â¥Er I. FREPARED ./ SOPRIS INON'IRINC. Zle . e. .... ...rr .. .... AND prr,â„¢ r,wner, ... Â· 1 1 1-11.01 . 22~EL ; FER,51/*,1082 .... .....NOPROVEMENTS ON TRE $ r iao,z arscxzlED NACEL y â„¢U Al,1 2-â€¢ruâ€¢y - pan' ZIES,r crurr, CO,RECT,5NS. 2.8 1NMRE17 WrlirZN Â¥11 Pâ€¢,r= 3 -' BOUNDANIS 0....... C.- - ....../. h~212 BOOK 668 p~,czj â„¢1,2 .... 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I"'C, n.l'JES'll AN /1.,Al./ i 40.7.5 0, 7*6,1- MR I -WICT DZNCE,U,er ON â„¢I ... 2 .,t,SX I. 0-I..... SOm...... Jlle I...rot, 11Â¥ 1/4 -1/4 3,CTFUM l. TO..., i. SOU'r,1. Plert C. LOT 1. U.OU . /S ..IN luNG! 84 WEST Q~ TS! STS P-X V) COM,DaM .=-Â£.U O,m fi) ..r â€¢j ... â€¢,e APPRonMATLy : 'Err ./. a VIE .11, . 9/ 7216 20"/7 SOPRIS ENGINERING - LLC ~ / CIVLL CONSULTANTS 502 1[ALN STREET. SUrn AS \/ CARBONDALE. COLORADO 81823 4 (970) 704-0311 EE~E.~ 2â€ž1., ....1 .-,IN * M-h19#* 1~-D -Â·Â·Â·Â·Â·Â·-n wAWAN EXHIBIT A (cont.) IMPROVEMENT LOCA.EN SURVEY\EXISTING CONDITIONS MAP OÂ¥ CITY OF ASPEN, PUPPY SMITH PROPERTY LOTS 1, 2, AND 3, BLOCK 4, LAKEVIEW ADDITION TO THE CITY AND TOWNSITE OF ASPEN CITY OF ASPEN,COUNTY OF PITKIN, STATE OF COLORADO 511Â£Cl-QU X2436.-1 /1 ., : 1 i : 1 3 -78,36' ~-1 '20-E r ,%. T / '400 9?m>3 1 , 1.1 3 --Â·21.a---- 31 ,2 01 liti~ l / r ,,7-â€¢Clf' 1 11 1 11'Ill -4 L /9 - ' .., 1 1 'k , 1+i,iii .1\ lit ~ z 'a'J i LOT 5 J 1 1, 1% 1 1% 1 GRAPHIC SCALE 0571- I . 1,â€¢ 1~~â€ž - - r d 1 1, f , J ./. \ 0-lifft -Â«P a---+- - -Uf.%~,2--27.. - xc>Â·,- J~r=Â« I .*Â£0 -74 ~UD/Il I ~ i aâ€ž- .- 4 f /. \ U.U. LEGEND / '.-A -- ' , L.31 --7--t ,...0 . 'Ir-- ..7/-,/ 3 1, . .... .....0 21/0.C J" LA V ! U 4% 0 1.- 1 Â«41-\ ~ r.241\1%\\i\l// 0 ~ 11 Â£ i I f L-31 Em-:a-04 neENCâ€¢ E~â„¢6 -Bl* ~,/14OLE 1 4 0. -9, 1 2 -34 11/,7, -r-- k 0.- 'A , 0-.--12 I acsâ„¢,c ..a,Â£ ....~*1. 2 , __ <14* l2 -- # flas-C â€¢WE /4â„¢e,7 ....4 'All ./.VE 7 1 \1 t~S -C EUC~C nWa;01*Â»[i; I j . TÂ«G Â©1.- STCP r...--% 1 - : {mTIC kif-IONE .... ..-Ii= - / 6 . . C,G51Â»4/ .. STINCInMS Li ~2-43 ....... 1, ... 1 ; CI~ e ~ 1,Â· 1: 1 EXISÂ·nNG CONDITIONS LEGEND % O '309nNG [rODUCUI 'NU t- CmU'IK N ..*Il'Â· I 12 Â£~â„¢C WI.'L - SOPRIS ENGINEERING - LLC --- .- 1__~_~~ir CIVIL CONSULTANTS #-%. 502 MAIN STREET, SUITE AM CARBONDALE COLORADO 81823 (970) 704-0311 30â‚¬&227ae-1 4,- 1,â‚¬* - Oil, ~~M-- ... . ,.J~. ' -Ii ./ I -./. -rln ...Â£-I'll/*. F/&#...===..1.$/--.#*=Il'...'.===.*=&...Il..= g -lir. . - U-- - 70:500- - f.,---0 -3 ,(NA, EXHIBIT B PUPPY SMITH. EXHIBIT COUNTY OF PITKIN, STATE OF COLORADO 74 42,1 S 77Â¥yll Â£ / 82 : 11 L --Or S 740/2.C [AE-f*1 8 8 - 3 1' /1 1 11 I I Puppr SulT}i STRE r. 0%$ Ila 1 1 - m. 07.. /; W . 11 1 11 / 5 GRAPHIC SCALE = 24 4 1 .# j -â€¢0..... 21= : 2-2100 ..2/51 , .* / ; Int, 1 /"'Le 1 1 ~~-----222- 14" ihi! 4 .1 1 , 03:.1 4 -- - .- w 11 11 \ I 1 52 48 a e e e Ne--.--- .NES EN 15~ Z -Â° 6 - E d iii iD '84, L J rit n ./ OF 9.-P ....1... 004 A R .9 h.u- ./. 1 I PL~Ct * Mi il 0e -044: '. Oil 3 'd Iz_ . 0 re.Â¢.... ..t co <. â€¢7 IHE -/â€¢ I .!0 41[C'loâ€¢ 7, Dâ‚¬â€¢ICE SÂ®*8~20-E I DISTANCE . aâ€¢t .9 ~e U) A POI. O. ->,E ]G~IND~/ 80l~~h-Â¥ I Â·.- ~~ 0* 2.,-E ~04 ~i~ ~Â¥ 10,D~ A Ofi~*~E CF Â·21 il f~E, â„¢EMI l,AV,~C ~ID I,OPâ„¢IMLy SÂ¢,OAÂ¤ S42~57~37N, ~ J,St~<E . ...00 FEr'; ')â‚¬IC M,0 ... A Il..... 9. rnâ€¢ râ€¢e.C[ 42/ 09'21-L A .I.A.Â«~E . . 87 FEEr, .. Mi. , ,- i ' Ay~,. I I. Pâ€¢~â€¢â€¢li 'll'irio. CC-,c'. AY t.... SAID ..JI' 7 h~râ‚¬E S.=..I i D.-CE I .......0 I .... I. .~,r,~M~. aCWK>A~f .... 8 ... s.il I-<.I -â€¢-r ..Â·2~ 07. ...... '00 00 F .. 110Â£I I. r-11~ ALÂ¢Â»16 . 0 ~-nelÂ·r ,c~M-, 5.-06 23*. I â‚¬ ne,Tâ€žCM y .0 e mT. TDE, E CCÂ»fl,~,SNG =.ID ~r'lâ‚¬@ll - &22'20 Crâ€¢, A DI~A,Â£E oF 100.00 FE,1. Tâ‚¬Md LIAÂ¥,~ W. l* c*,1... 0-01Â·irâ€¢ â€¢ DISTNE: I . 17 â€¢ rf ne,1 310Â·20-3,â€¢[ A 0,0-2 . ..91 FEET: â„¢E,(E *Â·57Â·,r[ A DISTNICI " 3 ' r /2,1>4.. 0. . 00 ./Â· â„¢n.CE ..1/1/. ./. MO ...r so.m~~.- I.Â·2S~23. â€¢ 01..Â«X . â€¢27 ..rr . â„¢K mun~â‚¬s' cc-1* 0, s.u> u s Â·07. I Z i r-'CC 03â€¢T lal~,~; AL* .ia .STEm.'0 -Â»01~ I,67-ZC .M pi.* . I . ,â‚¬IT % THE â€¢0,â€¢r ar Mal-,MrÂ·. 3,Un Pâ€¢,ICEL M : /2111~1*20. I 2,0 /1. ST"P . :Al~ liru~TED i. T. S*1/'4 0' SEC;1.7 T-/"I '0 90Urh. 90*/ - ~0/ . T. 5$*tlâ€¢ PR'.Â·PAI ..1.1,~. C n P.... . L.C DES'"=th ..1- '00â€¢ I.-1 ...- 0' 4 /1â„¢il ./.gl .f. A,C .CC. X,1'1 .Fic*. ,- â€¢niâ€¢T or -,1-".: I.'.=. .RajECTNO LE.4.1. .10 â€¢E-ME,k-Â¥ =â€¢Cur $22Â·28 07-â€¢ ALCâ€¢~ .ic C~Â·rull. A 0157Â·,ICE . *7~43 irrt: 71â‚¬â‚¬[ Cclrn.&,illÂ¢ AL=.IM.E.il 4~Â», TME A*Â¢ 0, A C,vt TO F,E .tr â€¢â€¢~VU~ A -OMS C~ 25 00 FEET ..~ . Calâ„¢AL ,--, - '30~ A 012,1CC Or le W rte (00~ ... WÂ·o. .-E 1.-- ..> IM--U--0 (- .' I ./4 ....0- ... 0.-..2 I m . > 20.16..00 09,2 YHOWOO'UNN ~N~~1'Nad-All<~ I . ON . S 22%40 I ...5"' I 90.11% EXHIBIT C -- ': t * Fl Â» '9Â» 1 41.'(4%"t w -X Â£. .... .t.. :. ~~ F - -- --~----1 3 I E>=47 ---1--1 -4-4 &32--9 1 i I. 3 -Â·3 I I J . . 0-1-t . 9. ..2-4=5 ..1 .. . . ... - ~ C .4-3-Jl~ 1 'h ,\ 3- r.. 1 4 f 4...4 " Wait- cletÂ·*.,__ -- . 1 1 1 ...7 ... 1% 1 rr 4 - ./ I -14/44/j*Â¥*4 Â»*ACEL 4 L- . i E. 7 -' I e bofs- 225 268#Y-2 LI A7* akg<p#13<*- u - -- 074 jl FNE JU!1â€¢49-00*1. 1 47 Â£ 4/ ...ia -1- -11Â·41 - 412*52151, 9 771#0 7~*E I fre.f 5â‚¬!M-f mNM~fÂ¥34_4Â¥ ~ 0,13 ' ,~546JEL~/ry te'-2EamÂ«_.I.,0~ WET -4181-1.fAMMuti te , 1. M. 1 1 . * L . 1,9Â«*5409 1451?7925Â©- Pl*V _ +94 InEMEN-W~-~~I--r - r:511-21 -4 2--- -PLEr"t *Ir_ ,-52ry,f.-7â‚¬**EME!----DE-77=--- 01- 4'tat; Jmvinapa./.7917.5 - 1 4 k* PL EXHIBIT D LEASE AGREEMENT Puppy Smith Parcel THIS LEASE AGREEMENT (this "Lease") is made and entered into on , 2006, by and between the City of Aspen ("City") and the Aspen Center for Environmental Studies, a Colorado not-for-profit corporation ("ACES"). WITNESSETH: WHEREAS, the City owns a parcel of land commonly known as tile Puppy Smith parcel (the "Puppy Smith Parcel") as more fully described in Exhibit "A" appended hereto and by this reference made a part hereof; and WHEREAS, the parties hereto have entered into that certain Agreement for Long Term Leases dated , 2006, whereby the City agreed to lease to ACES the Puppy Smith Parcel; and NOW, THEREFORE, in consideration of the covenants as contained herein, the City and ACES agree as follows: ARTICLE I GRANT AND TERM 1.1 Lease Grant. In consideration of the recitals and the mutual covenants herein, City grants to ACES a lease of the premises ("Premises"), more particularly described and incorporated herein as Exhibit "A", and subject to utility and other easements in place and of record or as reasonably required to service the Premises and subject to all encumbrances of record. ACES hereby expressly acknowledges that it will carefully examine the Premises prior to occupancy, ACES will notify City if the condition of the Premises is satisfactory for all purposes and intended uses hereunder, and if ACES, subject to Section 4.1 below, accepts the same in its then current state and condition. If acceptet ACES will accept the Premises "AS IS," without reliance of any kind on any representations of City with respect thereto all of which are hereby disclaimed by City. 1.2 Base Term. This Lease shall commence at 12:01 a.m. on 2006, ("Commencement Date") and continue for a period of Forty (40) years, unless earlier terminated under the provisions hereof. 1.3 Condemnation by Public Authority. If during the Term of this Lease, or any Renewal Term, the whole or part of the Premises, or such portion as will make the Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority including City, for public use, then this Lease shall cease as of the date of the vesting of title in the Premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. ARTICLE Il RENT " |' ~'~ I '.'~ ~ ~~-'' '.--4 %- .'' ~â€¢ 1~ -1'~ ..'~~.A..'.'..'_'.Â·. l....2 1Â· .1.... AÂ· ..iÂ·â€¢'Â·.1Â·Â·'+ 'câ€žÂ· t.-.., C... Â· 'â€¢..2.'Â·fCN--I...AÂ·.Â·,2Â·f- d ,~1 1. '~''I...'.2.~,"1Â·.,-Â· ~4,t/1. L.'i....'Â· .3~a ~:Â·t 4.Â·~ Â·1 .. 1,2~ ..Â·tÂ· ,.t 2.1 Rent. 1 a. ACES agrees to pay City a fixed annual rent for each year of the Term the amount of $10.00 (ten dollars). City acknowledges that rent for the Term has been paid in advance of the Commencement Date. ARTICLE nI POSSESSION AND USE 3,1 Uses. ACES shall have the right to use the Premises for any lawful purpose consistent with the aforementioned Agreement for Long Term Leases. 3.2 Payment of Taxes. In the event any taxes are levied and assessed upon the Premises or upon the improvements, fixtures or personal property of ACES during the term of ACES's occupancy of the Premises, or arising therefrom, or upon the leasehold or possessory interests as created through this Lease, ACES shall be solely responsible to satisfy and pay all such taxes in a timely fashion. ACES shall not allow any liens for taxes or assessments to exist with respect to the Premises, except that ACES may permit such taxes or assessments to remain unpaid while pursuing any good faith contest or appeal of same 3.3 Compliance With Laws. ACES shall during the entire term of this Lease materially comply with, observe and perform all requirements of law and ordinances, and shalI maintain all required licenses applicable to the Premises or the use thereof, whether now or hereafter made by any governmental authority, and shall indemnify the City against all losses suffered by reason of any suits, actions, claims or damages by whomsoever brought or made, by reason, of the non-compliance, non-observance or nonperformance by ACES of said laws, ordinances, regulations, orders or required licenses or this covenant. 3.4 Local Laws. ACES shall have the sole responsibility to obtain all local government regulatory permits or approvals for the occupancy and use o f the Premises under this Lease. 3.5 Restrictions On Use. a. Nuisance. ACES shall not use or permit .the use of the Premises in any manner that will create a nuisance or disturb other occupants of the building or properties adj acent thereto. b. Hazardous Materials. ACES covenants and agrees not to suffer, permit introduce, or maintain any substances or materials which are considered, at any time during the term of this lease or any renewal, to be hazardous or toxic under any federal, state or local laws, rules, or regulations. ACES shall indemnify, defend and hold City harmless against any and all loss, cost, or damages of any nature whatsoever (including without limitation costs and attorney and pro fessional fees) arising out of the introduction of any hazardous materials on or to tile building or the Premises by or on behalf of ACES, its contractors, agents, or employees, including, without limitation, the cost of removing such hazardous materials. c. Trash. All garbage and refuse shall be kept in closed containers which do not emit odom as specified by City and shall be placed outside of the Premises, prepared 2 for collection in the manner and at the times and places specified by City. d. Clean Condition. The Premises and every part thereof shall be kept by ACES in a reasonably neat, orderly and clean condition. ACES shall take no action which would jeopardize City's title to the Premises or jeopardize the value of the Premises or the building. e. Notice. In the event ACES is in violation of any of the foregoing restrictions on use or is in violation or breach of any other provision of this Article III, City shall provide ACES with written notice to ACES specifying the nature of such of violation or breach. ACES shall have thi[ty (30) days following such written notice to cure, adjust or correct the violation or breach. If ACES fails to cure the breach or default within such time period, City shall have the right to assess a penalty of $50.0.00 plus all costs of correcting such violation against ACES as Additional Rent to be paid the first of the month following notice of such assessment. City shall not be liable to ACES for any claim of damages for correcting such violation. ARTICLE IV CONSTRUCTION-ALTERATIONS-REPAIRS 4.1 Alteration at ACES's Expense. Following the construction by the City of the gravel parking lot and attendant landscaping, all as more fully set forth in the aforementioned Agreement for Long Term Leases, and the acceptance by ACES of said construction and landscaping to its reasonable satisfaction, ACES agrees to accept the property in its then present condition, as is, without calling upon City to make any other expenditures or to perform any work for the preparation of the Premises for ACES's use. 4.2 Mechanics Lien: Notice. ACES shall keep the Premises and any buildings constructed or located on the Premises free and clear o f all mechanics, material men's and other liens on account of work done for ACES. ACES shall indemnify City against liability, loss, damage, costs or expenses, including attorney fees, on account of claims of lien of laborers or material men or others for work performed for or materials or supplies furnished to ACES. If ACES shall desire to contest any claim or lien, ACES shall furnish to City security of a cash deposit with City of 20% of the amount of the claim, plus estimated costs and interest, conditioned on the discharge of the lien or a corporate surety bond meeting requirements of the applicable statutes sufficient to discharge any lien. If a final judgment establishing the validity o f a lien is entered, ACES shall pay and satisfy the same at once. If ACES shall be in default in paying ally charge for which a mechanic's lien claim or suit to foreclose the lien has been recorded or filed and shall not have given City security as aforesaid, City may (but without being required to do so) pay said lien or claim and any costs, and the amount so paid, together with reasonable attorney fees and costs and expenses incurred by City in connection therewith shall be immediately due and owing from ACES to City with interest at the rate of 5% per annum from the dates of City' payments. Should any claims of lien be filed against the Premises or the building or any action affecting the title thereto be commenced, ACES shall give City written notice thereof as soon as possible. During any such work, City shall have the right to post and keep posted upon the premises notices that City' interest in the Premises should not be subject to any lien for such work done. City hereby designates ACES as its agent for the sole purpose of posting in a conspicuous place upon the Premises a notice containing the following language 3 rtue which ACES shall be required to post prior to commencement of.any work: Notice. The interest of City of these premises: the City of Aspen and the building and lands upon which it is situated shall not be subject to any lien for work done or materials or equipment supplied by any contractor or other person for ACES's improvements pursuant to this Notice and Â§ 38-22 105(2), C.R.S. 4.3 ACES to Compensate City for Insurance Increase. ACES shall pay upon demand as additional rent hereunder any increase in City' insurance premium, which results solely and directly on account of City' endorsements covering the risk during work or upon completion of such alterations or improvements or as a result of subsequent use of the premises by ACES. 4.4 A(DES's Maintenance and Repair Obligation. ACES agrees, during the tenn hereof, and at ACES's expense, to maintain the Premises in good condition, to promptly and diligently repair any damage to other premises in the building attributable to the negligence or the act or omission of ACES, or ACES's employees, guests, or invitees, to maintain and promptly and diligently repair the Premises to meet requirements of any governmental authority having jurisdiction thereof, and maintain in good condition and promptly and diligently repair any drnage to (or replace if necessary in the circumstances) the Premises. ACES shall also be responsible for maintenance of grounds and landscaping. ARTICLE V INSURANCE 6.1 Liability and Comprehensive Insurance. ACES shall maintin comprehensive all risks casualty, public liability and property damage insurance (at replacement values), with responsible insurance companies licensed to conduct business in Colorado and acceptable to City which will insure City and ACES against liability for bodily injury, loss of life, or other injury, with limitations in amounts deemed reasonable by City, and shall name City and, at Citf option, City' mortgagee as an additional insured with respect to each such policy. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that call be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Â§ 24- 10-101, et. seq., as amended. At present such amo unts shall be as follows: - $150,000.00 for any injury to one person in any single occurrence; - $600,000.00 for any injury to two or more persons in any single Occurrence. In no event shall such insurance amounts fall below those maximum liability limits as set forth at C.R.S. Â§ 24-10-114, as amended. Copies of such policies shall be promptly delivered to the City upon issuance thereof; and, as often as any such policy or policies shall expire or terminate, renewal or additional policies shall be procured and maintained by ACES and copies promptly furnished to City. ACES shall name City as co,insured or additional insured on all insurance policies and such policies shall provide for a ten-day advance written notice to City in the event o f cancellation or i material change in coverage or 20 days' advance notice of cancellation for nonpayment. To the maximum extent permitted by the insurance policies owned by City and ACES, the parties hereto for their mutual benefit waive any and all rights of subrogation which might otherwise 4 exist. If ACE fails to comply with this paragraph, City shall have the right to obtain the said lÂ·2 1- insurance and pay the premiums therefor; and, in such event, the entire amount o f such premium shall be immediately paid by ACES to City upon demand and as Additional Rent hereunder. 6.2 Indemnification. To the full extent permitted by law, ACES agrees to indemnify City against all demands, claims, causes of action, and any expenses (including attorney fees) incurred in resisting such claims, for inj ury to person, loss o f life or damage to prnperty occurring during the term of this lease or any extension thereof and (a) occurring on the Premises and arising out of ACES's use and occupancy thereof or (b) occurring outside the Premises if caused by the act, omission or neglect of ACES or the employees, agents, contractors, licensees, guests, invites, or sub-lessees thereof. 6.3 Fire Insurance. ACES shall insure any building(s) that are constructed or located on the Premises against fire and other damage to the building for the leased space. During the term hereof and any extension thereof, ACES shall, at its expense, maintain in full force and effect theft and malicious mischief insurance coverage with standard extended coverage endorsement to the extent of replacement cost value naming City as an additional insured party. ACES shall provide copies of such policy and any renewals and extensions thereof to City promptly upon issuance. As long as this lease is in effect, the proceeds from any such policy shall be used for the repair or replacement of the trade fixtures and inventory so insured. 6.4 Waiver of Subrogation. Anything in this lease to the contrary notwithstanding, neither City nor ACES shall be liable to the other for any business interruption or any loss or damage to property occurring on the Premises or the building or in any manner growing out o f or connected with ACES's use and occupation o f the building or the condition thereo f caused by the negligence or fault of City or ACES or of their respective agents, employees, sub-lessees, licensees, or assignees to the extent that such business mterruption or loss or damage to property is coverable by a standard all-risk or special form policy (including, at a minimum, fire and extended coverage insurance) or a business interruption policy (regardless of whether such insurance is carried or not) or for which such paity is otherwise Feimbursed; and City and ACES each waive all right of recovery against the other, its agents, employees, sub-lessees, licensees, and assignees for any such loss or for damage to the property of the waiving party. Each o f the parties shall notify its respective insurance carrier that the foregoing waiver is contained in this lease and shall require such carrier to include an appropriate waiver of subrogation provision in its policies. ARTICLE VI DEFAULTS 8.1 ACES's Default. Each of the following events shall be deemed an "event of default" or a "default" hereunder if not cured within the time allowed by Paragraph 8.2 hereo f. a. Other Obligations. Any failure of ACES to perform any other obligation hereunder. b. Seizure. Seizure of this lease or the Premises by execution or other process o f law directed against ACES and not discharged within thirty (30) days. 5 F-31 c. Abandonment or Failure to Occupy. ACES shall vacate (except for temporary closures expressly permitted under the Lease) or abandon the Premises. d. Assignment or Transfer. This Lease shall be transferred to or shall pass to or devolve upon any other person, entity, or party except as expressly consented to by City in the manner herein provided. e. Failure to pay Debts. ACES generally fails to pay its debts as they become due, and such failure continues after notice and a reasonable opportunity to cure. f. Illegal Activity. ACES shall not at any time, knowingly suffer or knowingly permit any illegal activity on or use o f the Premises by ACES, its sub-lessees, licensees, agents or employees. 8.2 Right to Cure. ACES shall have a period of ten (10) business days after written notice is sent from City to cure any failure to pay any Rent or monetary amount due under the lease. ACES shall have a period o f thirty (30) business days after written notice o f the-failure to perform or observe any other (non-monetary) term, condition, covenant or agreement of ACES under this lease to cure such failure or, if the failure cannot by exercise o f reasonable diligence be remedied within thirty (30) business days after written notice of the failure is delivered to ACES, ACES fails to commence efforts to cure the failure within thirty (30) business days after written notice of the failure is delivered to ACES, or if ACES commences its efforts to cure but thereafter fails to diligently pursue all action reasonably necessary to cure the failure, or if ACES fails actually to cure the failure in all respects within 45 days following delivery o f written notice o f the failure to ACES. 8.3 City' Rights. Should ACES at any time be in default in the performance of any of its covenants herein and fail to cure such default within the time periods allowed by Paragraph 8.2 above, ACES's right to possession of the Premises shall automatically terminate. Upon the termination of ACES's possessory rights in the leased Premises pursuant to the preceding sentence, the ACES shall peacefully surrender the Premises to the City. City, at its option, upon the occurrence of any event of default and at any time thereafter while such event of default continues, shall have the right to declare by written notice to ACES the term of this lease ended on the date of such notice or ally later date specified therein, to take possession of the Premises, to exclude ACES from the Premises, and to remove all persons from the Premises. After City declare the term ended as provided herein, ACES shall have no further claim or right to possession of the Premises. 8,6 Property Left on Premises. Any property of ACES or of anyone claiming under, by or through ACES which is left on the Premises more than ninety (90) days after expiration of the term of the Lease or termination of possessory rights shall be conclusively deemed abandoned; and City may keep, use, remove, store, sell, destroy, discard, or otherwise deal with it in City absolute discretion without liability of any sort to ACES or anyone claiming under, by or through ACES. 6 ARTICLE VII ASSIGNMENT OR SUBLETTING 9.1 Citv' Consent to Assignment Required. ACE shall not transfer, assign, sublet, mortgage, encumber, or hypothecate this lease or ACES's interest in and to the Premises, or any part thereof without first procuring the written consent of City. Any assignment or sublet applicant shall be equally or more qualified financially to perform the obligations of this lease. Any attempted transfer, without required consent, shall be void and shall constitute a default by ACES under this lease. In the event of an approved assignment, such transferee, assignee, sub- lessees or mortgagee shall agree in writing for the benefit of the City to assume, to be bound by and to perform ACES's obligations under the terms, covenants and conditions of this lease upon any such assignment. ACES shall remain liable to City as a principal and not merely as a surety for the full performance of the obligations of the ACES hereunder. The granting of -a management contract, concession or license to any person, firm or corporation to operate in or use in any manner, ally portion of the Premises shall be deemed a subletting. Prohibition on assignment and subletting of this lease, except as specifically excepted herein, includes a prohibition on any assignment which would otherwise occur by operation of law, merger, consolidation, reorganization, transfer or other change of ACES's capital structure or ownership, in whole or in part, and to an assignment to or by a receiver or trustee in any federal or state bankruptcy, insolvency, or similar proceeding 9.2 No Waiver. Consent by ACES to any one assignment or sublease shall not constitute a waiver with respect to any further assignments or subleases. City, in approving any assignment or sublease, shall be entitle to consider among other things the financial capability of the assignee or sub-Iessees and compatibility ofthe proposed use with other uses in the building. ARTICLE VIII GENERAL PROVISIONS 8.1 Subdivision. City reserves the right, without the consent of the ACES, to execute and record such declarations, restrictive covenants, maps or other documents or amendments or supplements thereto for the purpose of subdividing or re-subdividing the Premises into separate units and common elements pursuant to the Colorado Common Interest Ownership Act, provided that the City' right as declarant and owner thereof shall be subject and subordinate to the possessory and other rights of the ACES to the Premises under this lease. 8.2 Non-Waiver. Failure of City to require strict performance of any covenant or condition shall not be deemed a waiver of such covenant or condition as to that or any subsequent failure. One or more waivers of any breach of any covenant or condition by City shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the consent or approval by City to or of any act by ACES requiring City' consent or approval shall not be deemed to waive or render unnecessary City' consent or approval to or of any subsequent similar or dissimilar act by ACES. No waiver of any provision of this lease shall be effective unless Lt is in writing and signed by City. 8.3 Estoppel Certificates. ACES agrees at any time and from time to time, upon ten 7 days' prior request by City, to execute, acknowledge, and deliver to City a statement in writing certifying that this lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rent and other charges have been paid in advance, if any, and confirming ACES's acceptance of the Premises, the commencement of the lease term, and the Rent provided under the lease, and any ether affirmations or certifications reasonably requested by City with the intent that tile statement delivered, may be relied upon by any prospective purchaser, mortgagee, or assignee of any mortgagee of the building or the Premises. 8.4 Recording. ACES shall not record or permit the recordation of this Lease or any assignment, sublease, license, grant of concession, mortgage or any other document evidencing the transfer or hypothecation of all or any part of this Lease or ACES's interest in the Premises without in each instance having received the prior written consent of City. City may file or record this Lease or any of the documents related to this Lease or a summary of some or all of the provisions hereof at any time without ACES's consent. 8.5 Notices. Wherever in this lease it shall be required or permitted that notice or demand be given or served by either party to this lease on the other, such notice or demand shall be given or served in writing and either personally served at or forwarded by certified mail to the following addresses and shalI be deemed effective upon personal service or deposit as certified mail. To City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 With a Copy To: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 To ACES: ACES Executive Director 100 Puppy Smith Street Aspen, CO 81611 With a Copy To: Tom Todd, Esq. Holland & Hart LLC 600 East Main Street Aspen, CO 81611 Either party may change such address from time to time by written notice given as herein above provided. 8.6 Additional. In addition to the other remedies in this lease provided, City shall be entitled to the restraint by injunction of the violation or attempted or threatened violation of ally of the covenants, conditions or provisions of this lease. 8 8.7 Holding Over. Any holding over after the expiration of the term hereof shall be construed to be a tenancy from month to month except that City shall have the right to terminate such tenancy at the end of any calendar month upon ten days' advance written notice. 8.8 Covenant of Quiet Eniovment. So long as the ACE is not in default or breach hereunder, the City covenants that the ACES shall peaceably and quietly occupy and enjoy the leased Premises subject to the terms hereof. The City warrants and agrees to defend the title to the Premises and further warrants that it has full authority to execute this lease. 8.9 Severability. The terms, conditions, covenants, and provisions of this lease shall be deemed to be severable. If any provision contained herein shall be determined to be invalid by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity o f any other clause or provision herein. 8.10 Entry-by City. City and its authorized agents, employees, attorneys and contractors shall be entitled, at all posted business hours (and in emergencies at all times), to enter the Premises to inspect the same or determine compliance herewith and shall have all such rights as may enable City promptly, efficiently and economically to carry on any work or repair, reconstruction, or restoration, to which City is obligated hereunder. ACES waives any claims for damages for business interference, inconvenience or loss of quiet enjoyment or other loss occasioned by such entry and repairs unless such repairs were occasioned by the negligence or intentional acts of City. City and its authorized representatives shall have the right to enter the Premises at times other than ACES's business hours to exhibit the Premises to prospective purchasers. City agrees to provide ACES with reasonable prior notice, whenever it deems it necessary to enter. 8.11 Binding Effect. This lease and all agreements herein contained shall bind the parties hereto. Each term and each provision of this lease shall be construed as and shall have the same force and effect as though made in the form of a covenant. The parties covenant that the signatory to this lease has the authority to sign on behal f o f the principal. 8.12 Counterparts. This lease may be executed in counterparts and with facsimile signatures which taken together shall be one document. The parties shall deliver original signed copies within seven days o f facsimile transmission of their signatures. 8.13 Governing Law. This lease shall be construed in accordance with the laws of the State of Colorado. The parties agree to submit to the personal Jurisdiction of the State of Colorado in connection with any action or proceeding relating to this lease or the Premises. The parties expressly acknowledge and agree that venue of any action shall be in Pitkin County, Colorado. 8.14 Time of Essence. Time is of the essence for all obligations in this lease. 8.15 ACES's Authority. ACES shall not be construed as or have any authority to act as the agent of City concerning the Premises. ACES shall have no authority to surrender, waive, compromise, alter or convey any of City' rights in the Premises. 8.16 Headings. The headings and captions contained in this lease are inserted for convenience of reference only and are not to be deemed part of, or to be used as an aid in construing, this lease. 9 8.17 Survival. All of the representations, warranties, and covenants in this lease shall t, survive the expiration or termination ofthis lease. 8.18 Entire agreement. This lease covers in full each and.every agreement of every kind and nature whatsoever between the parties hereto concerning the Premises, and all preliminary negotiations and agreements of whatever kind or nature are merged herein. City has made no representations or promises whatsoever with respect to the Premises except those contained herein and the aforementioned Agreement for Long Term Leases; and no other person, firm or corporation has, at any time, had any authority from City to make any representations or promises on behalf of City; and ACES expressly agrees that, if any such representations or promises have been made by others, ACES hereby waives all right to rely thereon. No verbal agreement or implied covenant shall be held to vary the provisions hereof, any statute, law or custom to the contrary notwithstanding. 8.19 Waiver of Jurv Trial. City and ACES waive any right to a trial by a jury of any dispute related to this lease. 8.20 Force Mai eure. In the event that the City or the. ACES shall be delayed or hindered or prevented from the performance of any act required hereunder, by reason of governmental restrictions, scarcity of labor or materials, strikes, or for reasons beyond such party's control, the performance of such act shall be excused for the period of delay; and the period for the performance of any such act shall be extended for the period necessary to complete performance after the end of the period of such delay. 8.21 Amendment or Modification. Except as otherwise provided herein, this agreement and all of these terms and conditions may not be amended or modified absent a written agreement duly executed by the parties. IN WITNESS WHEREOF, the City and ACES have duly executed this lease on the day and year first above written. [Signatures on following page] 10 i 1 CITY OF ASPEN: By: Title: State o f Colorado ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , by the above named. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public ACES By: Title: State of Colorado ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , , by the above named. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 11 Exhibits to be attached w Exhibit A - Legal Description o f Puppy Smith Parcel. JPW- saved: 5/31/2006-49304:gohn\won]\agr\ACES-Puppy Smith U:ase. DOC 12 EXHIBIT E LEASE AGREEMENT ACES Parking Lot Parcel THIS LEASE AGREEMENT (t:his "Lease") is made and entered into on 2006, by and between the City of Aspen ("City") and the Aspen Center for Environmental Studies, a Colorado not-for-profit corporation ("ACES"). WITNESSETH: WHEREAS, ACES owns a parcel of land commonly known as the ACES Parking Lot parcel as more fully described in Exhibit "A" appended hereto and by this reference made a part hereof; and WHEREAS, the parties hereto have entered into that certain Agreement for Long Term Leases dated , 2006, whereby ACES agreed to lease to City the Puppy Smith Parcel; and NOW, THEREFORE, in consideration of the covenants as contained herein, ACES and City agree as follows: ARTICLE I GRANT AND TERM 1.1 Lease Grant. In consideration of the recitals and the mutual covenants herein, ACES grants to City a lease of the premises ("Premises"), mork particularly described and incorporated herein as Exhibit "A", and subject to utility and other easements in place and of record or as reasonably required to service the Premises and subject to all encumbrances of record. City hereby expressly acknowledges that it will carefully examine the Premises prior to occupancy. City will notify ACE if the condition of the Premises is satisfactory for all purposes a:nd intended uses hereunder, and if City, subject to Section 4.1 below, accepts the same in its then current state and condition. If accepted, City will accept the Premises "AS IS," without reliance of any kind on any representations of ACES with respect thereto all of which are hereby disclaimed by ACES. 1.2 Base Term. This Lease shall commence at 12:01 a.m. on 2006, ("Commencement Date") and continue for a period of Forty (40) years, unless earlier terminated under the provisions hereof. 1.3 Condemnation by Public Authority. If during the Term of this Lease, or any Renewal Term, the whole or part of the Premises, or such portion as will make the Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority including City, for public use, then this Lease shall cease as of the date of the vesting of title in the Premises in such condemning authority, or when possession is given to such authority, whichever el,ent occurs first. 1 ARTICLE II 1.- e I 1 l}. L RENT 2.1 Rent. a. City agrees to pay ACES a fixed annual rent for each year of the Term the amount of $10.00 (ten dollars). ACES acknowledges that rent for the Term has been paid in advance of the Commencement Date. ARTICLE In POSSESSION AND USE 3.1 Uses. City shall have the right to use the Premises for any lawful purpose consistent with the aforementioned Agreement for Long Tenn Leases. 3.2 PaWnent of Taxes. In the event any taxes are levied and assessed upon the Premises or upon the improvements, fixtures or personal property of City during the term of City occupancy o f the Premises, or arising therefrom, or upon the leasehold or possessory interests as created through this Lease, City shall be solely responsible to satisfy and pay all such taxes in a timely fashion. City shall not allow any liens for taxes or assessments to exist with respect to the Premises, except that City may permit such taxes or assessments to remain unpaid while pursuing any good faith contest or appeal of same 3.3 Compliance With Laws. City shall during the entire term of this Lease materially comply with, observe and perform all requirements of law and ordinances, and shall maintain all required licenses applicable to the Premises or the use thereof, whether now or hereafter made by any governmental authority, and shall indemnify the ACES against all losses suffered by reason of any suits, actions, claims or damages by whomsoever brought or made, by reason, of the non- compliance, non-observance or nonperformance by City of said laws, ordinances, regulations, orders or required licenses or this covenant. 3.4 Local Laws. City shall have the sole responsibility to obtain all local government regulatory permits or approvals for the occupancy and use o f the Premises under this Lease. 3.5 Restrictions On Use. a. Nuisance. City shall not use or permit the use of the Premises in any manner that will create a nuisance or disturb other occupants of the building or properties , adj ac ent thereto. b. Hazardous Materials. City covenants and agrees not to suffer, permit, introduce, or maintain any substances or materials which are considered, at any time during the term of this lease or ally renewal, to be hazardous or toxic under any federal, state or local laws, rules, or regulations. City shall indemnify, defend and hold ACES harmless against any and all loss, cost, or damages of any nature whatsoever (including without limitation costs and attorney and professional fees) arising out of the introduction of any hazardous materials on or to the building or the Premises by or on behal f of City, its contractors, agents, or employees, including, without limitation, the cost of removing such hazardous materials. 2 c. Trash. All garbage and refuse shall be kept in closed containers which do not emit odors as specified by ACES and shall be placed outside of the Premises, prepared for collection in the manner and at the times and places specified by ACES. d. Clean Condition. The Premises and every part thereof shall be kept by City in a reasonably neat, orderly and clean condition. City shall take no action which would jeopardize ACES's title to the Premises or jeopardize the value of the Premises or the building. e. Notice. In the event City is in violation of any of the foregoing restrictions on use or is in violation or breach of any other provision o f this Article III, ACES shall provide City with written notice to City specifying the nature of such of violation or breach. City shall have thirty (30) days following such written notice to cure, adjust or correct the violation or breach. If City fails to cure the breach or default within such time period, ACES shall have the right to assess a penalty of $500.00 plus all costs of correcting such violation against City as Additional Rent to be paid the first o f the month following notice of such assessment. ACES shall not be liable to City for any claim of damages for correcting such violation. ARTICLE IV CONSTRUCTION-ALTERATIONS-REPAIRS 4.1 Alteration at City Expense. CITY agrees to accept the property in its present condition, as is, without calling upon ACES to make any other expenditures or to perform any work for the preparation o f the Premises for City's use. 4.2 Mechanics Lien: Notice. City shall keep the Premises and any buildings constructed or located on the Premises free and clear of all mechanics, material men's and other liens on account of work ddne for City. City shall indemnify ACES against liability, loss, damage, costs or expenses, including attorney fees, on account of claims of lien of laborers or material men or others for work performed for or materials or supplies furnished to City. If City shall desire to contest any claim or lien, City shall furnish to ACE security of a cash deposit with ACES of 20% of the amount o f the claim, plus estimated costs and interest, conditioned on the discharge of the lien or a corporate surety bond meeting requirements of the applicable statutes sufficient to discharge any lien. If a final judgment establishing the validity of a lien is entered, City shall pay and satisfy the same at once. If City shall be in default in paying any charge for which a mechanic's lien claim or suit to foreclose the lien has been recorded or filed and shall not have given ACES security, as aforesaid, ACES may (but without being required to do so) pay said lien or claim and any costs, and the amount so paid, together with reasonable attorney fees and costs and expenses incurred by ACES in connection therewith shall be immediately due and ewing from City to ACES with interest at the rate of 5% per annum from the dates of ACES' payments. Should any claims of lien be filed against the Premises or the building or any action affecting the title thereto be commenced, City shall give ACES written notice thereof as soon as possible. During any such work, ACES shall have the right to post and keep posted upon the premises notices that ACES' interest in the Premises should not be subject to any lien for such work done. ACES hereby designates City as its agent for the sole purpose of posting in a conspicuous place upon the Premises a notice containing the following language which City shall be required to post prior to commencement of any work: 3 Notice. The interest of ACES of these premises: the ACES of Aspen and the building and lands upon which it is situated shall not be subject to any lien for work done or materials or equipment supplied by any contractor or other person for City's improvements pursuant to this Notice and Â§ 38-22 105(2), C.R.S. 4.3 Citv to Compensate ACES for Insurance Increase. City shall pay upon demand as additional rent hereunder any increase in ACES' insurance premium, which results solely and directly on account ofACES' endorsements covering the risk during work or upon completion of such alterations or improvements or as a result o f subsequent use of the premises by City. 4.4 City's Maintenance and Repair Obligation. City agrees, during the term hereof, and at City's expense, to maintain the Premises in good condition, to promptly and diligently repair any damage to other premises in the building attributable to the negligence or the act or omission of City, or City's employees, guests, or invitees, to maintain and promptly and diligently repair the Premises to meet requirements of any governmental authority having jurisdiction thereof, and maintain in good condition and promptly and diligently repair any damage to (or replace if necessary in the circumstances) the Premises. City shall also be responsible for maintenance of grounds and landscaping. ARTICLE V INSURANCE 6.1 Liability and Comprehensive Insurance. City shall maintain comprehensive all risks casualty, public liability and property damage insurance (at replacement values), with responsible insurance companies licensed to conduct business in Colorado and acceptable to ACE which will insure ACES and City against liability for bodily injury, loss of life, or other injury, with limitations in amounts deemed reasonable by ACES, and shall name ACES and, at ACES's option, ACES's mortgagee as an additional insured with respect to each such policy. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R,S. Â§ 24-10-101, et. seq., as amended. At present such amounts shall be as follows: - $150,000.00 for any injury to one person in any single occurrence; - $600,000.00 for any injury to two or more persons in any single ~ occurrence. In no event shall such insurance amounts fall below those maximum liability limits as set forth at C.R.S. Â§ 24-10-114, as amended. Copies of such policies shall be promptly delivered to the ACES upon issuance thereof; and, as often as any such policy or policies shall expire or terminate, renewal or additional policies shall be procured and maintained by City and copies promptly furnished to ACES. City shall name ACES as co-insured or additional insured on all insurance policies and such policies shall provide for a ten-day advance wlitten notice to ACES in the event of cancellation or material change in coverage or 20 days' advance notice of cancellation for nonpayment. To the maximum extent permitted by the insurance policies owned by ACES and City, the parties hereto for their mutual benefit waive any and all rights of subrogation which might otherwise exist. If City fails to comply with this paragraph, ACES shall have the right to obtain the said insurance and pay the premiums therefor; and, in such event, the entire amount o f such premium 4 shall be immediately paid by City to ACES upon demand and as Additional Rent hereunder. 6.2 Indemnification. To the full extent permitted by law, City agrees to indemnify ACES against all demands, claims, causes of action, and any expenses (including attorney fees) incurred in resisting such claims, for injury to person, loss of life or damage to property occurring during the term o f this lease or any extension thereo f and (a) occurring on the Premises and arising out o f City' s use and occupancy thereof or (b) occurring outside the Premises i f caused by the act, omission or neglect of City or the employees, agents, contractors, licensees, guests, invites, or sub-lessees thereof. 6.3 Fire Insurance. City shall insure any building(s) that are constructed or located on the Premises against fire and other damage to the building for the leased space. During the term hereof and any extension thereof, City shall, at its expense, maintain in full force and effect theft and malicious mischief insurance coverage with standard extended coverage endorsement to the extent o f replacement cost value naming ACES as an additional insured party. City shall provide copies o f such policy and any renewals and extensions thereof to ACES promptly upon issuance. As long as this lease is in effect, the proceeds from any such policy shall be used for the repair or replacement o f the trade fixtures and inventory so insured. 6.4 Waiver of Subrogation. Anything in this lease to the contrary notwiÂ·thstanding, neither ACES nor City shall be liable to the other for any business interruption or any loss or damage to property occurring on the Premises or the building or in any manner growing out of or connected with City's use and occupation of the building or the condition thereof caused by the negligence or fault of ACES or City or of their respective agents, employees, sub-lessees, licensees, or assignees to the extent that such business interruption or loss or damage to property is coverable by a standard all-risk or special form policy (including, at a minimum, fire and extended coverage insurance) or a business interruption policy (regardless of whether such insurance is carried or not) or for which such party is otherwise reimbursed; and ACES and City each waive all right of recovery against the other, its agents, employees, sub-lessees, licensees, and assignees for any such loss or for damage to the property of the waiving party. Each of the parties shall notify its respective insurance carrier that the foregoing waiver is contained in this lease and shall require such carrier to include an appropriate waiver of subrogation provision in its po ticies. ARTICLE VI DEFAULTS 8.1 City's Default. Each of the following events shall be deemed an "event of default" ora "default" hereunderifnot cured within tile time allowed by Paragraph 8.2 hereof. a. Other Obligations. Any failure of City to perform any other obligation hereunder. b. Seizure. Seizure of this lease or the Premises by execution or other process o f law directed against City and not discharged within thirty (30) days. c. Abandonment or Failure to Occupy. City shall vacate (except for temporary closures expressly permitted under the Lease) or abandon the Premises. 5 d. Assignment or Transfer. This Lease shall be transferred to or shall pass to 031 or devolve upon any other person, entity, or party except as expressly consented to by ACES in the manner herein provided. e. Failure to Day Debts. City generally fails to pay its debts as they become due, and such failure continues after notice and a reasonable opportunity to cure. Â£ Illegal Activity. City shall not at any time, knowingly suffer or knowingly permit any illegal activity on or use of the Premises by City, its sub-lessees, licensees, agents or employees. 8.2 Right to Cure. City shall have a period of ten (,10) business days after written notice is sent from ACES to cure any failure to pay any Rent or monetary amount due under the lease. City shall have a period of thirty (30) business days after written notice of the failure to perform or observe any other (non-monetary) term, condition, covenant or agreement of City under this lease to cure such failure or, if the failure cannot by exercise o f reasonable diligence be remedied within thirty (30) business days after written notice of the failure is delivered to City, City fails to commence efforts to cure the failure within thirty (30) business days after written notice of the failure is delivered to City, or if City commences its efforts to cure but thereafter fails to diligently pursue all action reasonably necessary to cure the failure, or if City fails actually to cure the failure in all respects within 45 days following delivery o f written notice o f the failure to City. 8.3 ACES's Rights. Should City at any time be in default in the performance o f any o f its covenants herein and fail to cure such default within the time periods allowed by Paragraph 8.2 above, City's right to possession of the Premises shall automatically terminate. Upon the termination of City's possessory rights in the leased Premises pursuant to the preceding sentence, the City shall peacefully surrender the Premises to the ACES. ACES, at its option, upon the occurrence of any event of default and at any time thereafter while such event of default continues, shall have the right to declare by written notice to City the term o f this lease ended on the date of such notice or any later date specified therein, to take possession of the Premises, to exclude City from the Premises, and to remove all persons from the Premises. After ACES declare tile term ended as provided herein, City shall have no further claim or right to possession of the Premises. 8.6 Property Left on Premises. Any property of City or of anyone claiming under, by or through City which is left on the Premises more than ninety (90) days after expiration of the term of the Lease or termination of possessory lights shall be conclusively deemed abandoned; and ACES may keep, use, remove, store, sell, destroy, discard, or otherwise deal with it in ACES's absolute discretion without liability of any sort to City or anyone claiming under, by or through City. 6 ARTICLE VII ASSIGNMENT OR SUBLETTING 9.1 ACES' s Consent to Assignment Required. City shall not transfer, assign, sublet, mortgage, encumber, or hypothecate this lease or City' s interest in and to the Premises, or any part thereof without first procuring the written consent of ACES. Any assignment or sublet applicant shall be equally or more qualified financially to perform the obligations of this lease. Any attempted transfer, without required consent, shall be void and shall constitute a default by City under this lease. In the event of an approved assignment, such transferee, assignee, sub- lessees or mortgagee shall agree in writing for tile benefit of the ACES to assume, to be bound by and to perform City's obligations under the terms, covenants and conditions of this lease upon any such assignment. CITY shall remain liable to ACES as a principal and not merely as a surety for the full performance o f the obligations of the City hereunder. The granting o f a management contract, concession or license to any person, firm or corporation to operate in or use in any manner, any portion of the Premises shall be deemed a subletting. Prohibition on assignment and subletting of this lease, except as specifically excepted herein, includes a prohibition on any assignment which would otherwise occur by operation of law, merger, consolidation, reorganization, transfer or other change of City' s capital structure or ownership, in whole or in part, and to an assignment to or by a receiver or trustee in any federal or state bankruptcy, insolvency, or similar proceeding 9.2 No Waiver. Consent by City to any one assignment or sublease shall not constitute a waiver with respect to any further assignments or subleases. ACES, in approving any assignment or sublease, shall be entitle to consider among other things the financial capability of the assignee or sub-lessees and compatibility of the proposed use with other uses in the building. ARTICLE VIII GENERAL PROVISIONS 8.1 Subdivision, ACES reserves the right, without the consent of the City, to execute and record such declarations, restrictive covenants, maps or other documents or amendments or supplements thereto for the purpose of subdividing or re-subdividing the Premises into separate units and common elements pursuant to the Colorado Common Interest Ownership Act, provided that the ACES's right as declarant and owner thereof shall be subject and subordinate to the possessory and other rights ofthe City to the Premises under this lease. 8.2 Non-Waiver. Failure of ACES to require strict performance of any covenant or condition shall not be deemed a waiver of such covenant or condition as to that or any subsequent failure. One or more waivers of any breach of any covenant or condition by ACES shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and the consent or approval by ACES to or of any act by City requiring ACES' consent or approval shall not be deemed to waive or render unnecessary ACES' consent or approval to or of any subsequent similar or dissimilar act by City. No waiver of any provision of this lease shall be effective unless it is in writing and signed by ACES. 8.3 Estoppel Certificates. City agrees at any time and from time to time, upon ten 7 Â·fe.... days' prior request by ACES, to execute, acknowledge, and deliver to ACES a statement in B. A writing certifying that this lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Rent and other charges have been paid in advance, if any, and confirming City's acceptance of the Premises, the commencement of the lease term, and the Rent provided under the lease, and any ether affirmations or certifications reasonably requested by ACES with the intent that tile statement delivered, may be relied upon by any prospective purchaser, mortgagee, or assignee ofany mortgagee of the building or the Premises. 8.4 Recording. City shall not record or permit the recordation of this Lease or any assigmnent, subleasc, license, grant of concession, mortgage or Â·any other document evidencing the trans fer or hypothecation of all or any part of this Lease or City' s interest in the Premises without in each instance having received the prior written consent of ACES. ACE may file or record this Lease or any of the documents related to this Lease or a summary of some or all of the provisions hereof at any time without City's consent. 8.5 Notices. Wherever in this lease it shall be required or permitted that notice or demand be given or served by either party to this lease on the other, such notice or demand shall be given or served in writing and either personally served at or forwarded by certified mail to the following addresses and shall be deemed effective upon personal service or deposit as certified mail. To City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 With a Copy To: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 To ACES: ACES Executive Director 100 Puppy Smith Street Aspen, CO 81611 With a Copy To: Tom Todd, Esq. Holland & Hart LLC 600 East Main Street Aspen, CO 81611 Either party may change such address from time to time by written notice given as herein above provided. 8.6 Additional. In addition to the other remedies in this lease provided, ACES shall be entitled to the restraint by injunction of the violation or attempted or threatened violation of any o f the covenants, conditions or provisions o f this lease. 8.7 Holding Over. Any holding over after the expiration of the term hereof shall be 8 s . ..~,a~Â·L...- â€ž..:..UCm~AnÂ·h. ..ChÂ·CSâ‚¬.S.t.;.1.244* .2:Â·.7'$.. .k.0/1 L.FÂ· Li....Â·11. lag&-Â·- Â·-UÂ·â€¢......t ,~A. Â·Â·-a X.A..u . - ' L ' 9 Â· construed to be a tenancy from month to month except that ACES shall have the right to terminate such tenancy at the end of any calendar month upon ten days' advance written notice. 8.8 Covenant of Ouiet Eniovment. So long as the City is not in default or breach hereunder, the ACES covenants that the CITY shall peaceably and quietly occupy and enjoy the leased Premises subject to the terms hereof. The ACES warrants and agrees to defend the title to the Premises and further warrants that it has full authority to execute this lease. 8.9 Severability. The terms, conditions, covenants, and provisions of this lease shall be deemed to be severable. If any provision contained herein shall be determined to be invalid by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity o f any other clause or provision herein. 8.10 Entry-by ACES. ACES and its authorized agents, employees, attorneys and contractors shall be entitled, at all posted business hours (and in emergencies at all times), to enter the Premises to inspect the same or determine compliance herewith and shall have all such rights as may enable ACES promptly, efficiently and economically to carry on any work or repair, reconstruction, or restoration, to which ACES is obligated hereunder. City waives any clims for damages for business interference, inconvenience or loss of quiet enjoyment or other loss occasioned by such entry and repairs unless such repairs were occasioned by the negligence or intentional acts ofACES. ACES and its authorized representatives shall have the right to enter the Premises at times other than City's business hours to exhibit the Premises to prospective purchasers. ACE agrees to provide City with reasonable prior notice, whenever it deems it necessary to enter. 8.11 Binding Effect. This lease and all agreements herein contained shall bind the parties hereto. Each term and each provision of this lease shall be construed as and shall have the same force and effect as though made in the form of a covenant. The parties covenant that the signatory to this lease has the authority to sign on behalf of the principal. 8.12 Counterparts. This lease may be executed in counterparts and with facsimile signatures which taken together shall be one document. The parties shall deliver original signed copies within seven days of facsimile transmission o f their signatures. 8.13 Governing Law. This lease shall be construed in accordance with the laws of the State of Colorado. The parties agree to submit to the personal Jurisdiction of the State of Colorado in connection with any action or proceeding relating to this lease or the Premises. The parties expressly acknowledge and agree that venue of any action shall be in Pitkin County, Colorado. 8,14 Time of Essence, Time is of the essence for all obligations in this lease. 8.15 City's Authority. City shall not be construed as or have any authority to act as the agent of ACES concerning the Premises. City shall have no authority to surrender, waive, compromise, alter or convey any o f ACES' rights in the Premises. 8.16 Headings. The headings and captions contained in this lease are inserted for convenience of reference only and are not to be deemed part of, or to be used as an aid in construing, this lease. 8.17 Survival. All of the representations, warranties, and covenants in this lease shall 9 . survive the expiration or termination of this lease. t.,1 . Â·Â·â€¢ 8.18 Entire agreement. This lease covers in full each and every agreement of every kind and nature whatsoever between the parties hereto concerning the Premises, and all , preliminary negotiations and agreements of whatever kind or nature are merged herein. ACES has made no representations or promises whatsoever with respect to the Premises except those contained herein and the aforementioned Agreement for Long Term Leases; and no other person, firm or corporation has, at ally time, had any authority from ACES to make any representations or promises on behalf of ACES; and City expressly agrees that, if any such representations or promises have been made by others, City hereby waives all r~ght to rely thereon, No verbal agreement or implied covenant shall be held to vary the provisions hereof, any statute, law or custom to the contrary notwithstanding. 8.19 Waiver of Jury Trial. ACES and City waive any right to a trial by a jury of any dispute related to this lease. 8.20 Force Maieure. In the event that the ACES or the City shall be delayed or hindered or prevented from the performance of any act required hereunder, by reason of governmental restrictions, scarcity of labor or materials, strikes, or for reasons beyond such party's control, the performance of such act shall be excused for the period of delay; and the period for the performance of any such act shall be extended for the period necessary to complete performance after the end of the period of such delay. 8.21 Amendment or Modification. Except as otherwise provided herein, this agreement and all of these terms and conditions may not be amended or modified absent a written agreement duly executed by the parties. IN WITNESS WHEREOF, the ACES and City have duly executed this lease on the day and year first above written. [Signatures on following page] 10 ' CITY OF ASPEN: By: Title: State o f Colorado ) ) SS. County o f Pitkin ) The foregoing instrument was acknowledged before me this day of , , by the above named. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public ACES By: Title: State o f Colorado ) SB. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , , by the above named. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: , Notary Public 11 ... Exhibits to be attached { Exhibit A - Legal Description of Parking Lot Parcel. IPW- saved: 5/31/20064931-G:\john\word\agr\ACES-PArking Lot Lease.DOC 12 EXHIB IT G STORM WATER SEWER EASEMENT THIS STORM WATER SEWER EASEMENT AGREEMENT is made and entered into this day o f , 2006, by and between ASPEN CENTER FOR ENVIRONMENTAL STUDIES, a Colorado non-profit corporation (hereinafter referred to as "Grantof') and CITY OF ASPEN, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as "Grantee"). WITNESSETH: For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt of which is hereby acknowledged, Grantor does hereby sell and quit claim unto Grantee, its successors and assigns, a non-exclusive perpetual storm water sewer easement over, under and across an area as shown and described on Exhibit A attached hereto and incorporated herein by this reference (the "Easement"). The Easement granted hereunder includes the right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter an underground storm sewer line, manholes, drop structures and appurtenances thereto, as well as the right of ingress and egress over and across the adjoining lands of Grantor for access to and from the Easement. The width of the Easement fifteen feet (15') wide, being seven and one-half feet (7.5') either side of a centerline, except in the area encompassing the Pretreatment Sedimentation Basin, where the easement shall be fifty feet by fifty feet (50'x50'), as shown and described on Exhibit A. Grantor warrants that Grantor, and any successors and assigns of Grantor, shall at no time permit any building or other permanent improvements to be hereafter constructed over the Easement, except for trees, landscaping, fencing, overhead and underground utilities, irrigation ditches and paving for driveways, parking areas and trails. Following the completion ofthe purpose ofany entry by the Grantee upon the Easement for any of the aforesaid objects, Grantee shall restore the premises to substantially the same condition existing at the time of entry thereon, and, specifically, Grantee shall promptly and fully restore, repair or replace any trees, landscaping, fences, paving, utilities, ditches and irrigation systems, equipment or structures that are damaged or disturbed by the exercise of the rights granted hereby. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the clay and year first above written. ./. 4 . t., GRANTOR: ASPEN CENTER FOR ENVIRONMENTAL STUDIES a Colorado non-profit corporation Â«41_ . - Tom Cardamone, Executive Director ATTEST: Hensley Peterson, Secretary GRANTEE: CITY OF ASPEN, COLORADO a Colorado home rule municipal corporation By: Helen K, Klanderud, Mayor ATTEST: By: Kathryn S. Koch, City Clerk Approved as to Form: By: John Worcester, City Attorney 2 , s.Â· ,. .AN.J~.,u r.â€žâ€že:Â·K,Â·.Â·Lt-i' ...11'aâ€¢~& ta 1.Â·1 ~G ,~_21. '~.L:1'Â· Ali 1,2aÂ·Â·AÂ·a-Â·Â·Â· 4'Â·.~' Â·.'4 Â·.Â· .tÂ·.7.1.1Â·. , 25.~.Â·)24Â·Â·'iÂ·'~1Â· .Y ~~ E.U.z- ....2.,Â·1~.. . cl~Â·Â·â€ž~..t ,Â·Â·.C.:.'.'AC ~'J~,d..Â· Â·2,121_ v.,2- Â·'Â·? Â·Â·..1-XYUft'4'Â·.'Â·3Â·1Â·Â·Â·Â·Â· tlÂ·_Â·Â·Â· 1.Â·e ..,\AC.0.2,'U''Â· ..~ ~. il _- ~ ,Â·t~ STATE OF COLORADO ) ) SS: COUNTY OF PITKIN ) The foregoing STORM WATER SEWER EASEMENT AGREEMENT was subscribed and sworn to before me this day of , 2006, by Tom Cardamone as Executive Director and by Hensley Peterson as Secretary on behalf of Aspen Center for Environmental Studies, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS: COUNTY OF PITKIN ) The foregoing STORM WATER SEWER EASEMENT was subscribed and sworn to before me this day of , 2006 by Helen K. Klanderud as Mayor and by Kathryn S. Koch as City Clerk on behalf of the City of Aspen, Colorado, a Colorado home rule municipal corporation. Witness my hand and official seal. My commission expires: Notary Public 3544578 1.DOC 3 Attachment INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this day of May, 2006, by and between the ASPEN CONSOLIDATED SANITATION DISTRICT hereinafter re ferred to as "ACSD" and the CITY OF ASPEN, STATE of COLORADO, hereinafter referred to as "the City." RECITALS WHEREAS, the City of Aspen Parks and Recreation Department is currently developing the Jenny Adair Regional Stormwater Quality Project (the "Jenny Adair Project") in Aspen, Colorado; and WHEREAS, ACSD has engaged Western Slope Utilities, Inc. (W.S.U., Inc,), a General Contractor, to work on a significant proj ect for ACSD in the general vicinity o f the Jenny Adair Project; and WHEREAS, W.S,U., Inc. has prepared pricing associated with the proposed underground stormwater pipe conveyance system that is similar in character to the work to be performed for ACSD; and WHEREAS, the City desires to avail itself of this opportunity to engage W.S.U., Inc., at established bid costs in materials and labor by entering into this Agreement with ACSD to add the Work required by the Jenny Adair Project to the Work currently proposed by that certain contract between ACSD and W.S.U., Inc. NOW THEREFORE, it is hereby agreed as follows: I. CITY RESPONSIBILITY The City will provide construction documents, specifications, and project manhgcment resources necessary to effectively coordinate with W.S.U., Inc. for the duration of the project. -1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this /7 +0 dAY of June, 2006, by and between the ASPEN CONSOLIDATED SANITATION DISTRICT hereinafter referred to as (the "District") and the CITY OF ASPEN, STATE of COLORADO, hereinafter referred to as (the "City"). RECITALS WHEREAS, pursuant to C.R.S. Â§ 29-1-203, the District andthe City have the authorityto contract with each other for the accomplishment of governmental purposes which each party has the authority to provide; and WHEREAS, the City of Aspen Parks and Recreation Department is currently developing the Jenny Adair Regional Stormwater Quality Project (the "Jenny Adair Project") in Aspen, Colorado; and WHEREAS, the District has contracted with Western States Utilities, Inc., C'WSU") a General Contractor, for work on the Second Street Sewer Replacement, a project in the general vicinity ofthe Jenny Adair Project; and WHEREAS, WSU previously prepared a pricing estimate for work associated with the proposed underground stormwater pipe conveyance system which is similar in character to the work performed for the District, and which pricing estimate has been accepted as aChange Order to the District's Contract; and WHEREAS, the City desires to avail itselfofthis opportunity to engage WSU ataccepted Change Order bid costs in materials and labor by entering into this Agreement with the Districtto add the work required by the Jenny Adair Project to the work performed pursuant to that certain contract between the District and WSU, and accept assignment of said Construction Contract. the City to its terms. The person(s) executing this Agreement on behalf of the City warrants that they have full authorization to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: ASPEN CONSOLIDATED SANITATION DISTRICT By By Title Title ATTEST: (SEAL) CITY OF ASPEN, COLORADO By By Title Title -4- II. ACSD RESPONSIBILITY The ACSD will provide the pre-negotiated contract agreement with W.S.U., Inc. containing favorable unit costs. III. GENERAL PROVISIONS A. This Agreement may be terminated as follows: Termination for Cause. If, through any cause, the City shall fail to perform its obligation to ACSD or W.S.U., Inc., as set forth herein or in the Change Order as contemplated herein, ACSD shall thereupon have the right to terminate this Agreement for cause by giving written notice to the City of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Notwithstanding above, the City shall not be relieved of liability to ACSD for any damages sustained by ACSD by virtue o f any breach o f the Agreement by the City. B. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Agreement and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by either party as provided herein in the event of such failure to perform or comply by the other party. C. This Agreement is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modification of this Agreement shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. -2 D. To the extent that this Agreement may be executed and performance of the obligations o f the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invatidity or failure shall not affect the validity o f any other term or provision hereo f. The waiver o f any breach of a term hereof shall not be construed as a waiver o f any other term, or the same term upon subsequent breach. E. This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. F. The City represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the City's obligations under this Agreement. The City further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests, G. This Agreement shall become "effective" only upon the date it is executed by ACSD. H. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. I. The City assures and guarantees that it possesses the legal authority to enter into this contract. The City warrants that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority and to lawfully authorize its undersigned signatory to execute this contract and to bind -3- NOW THEREFORE, in consideration of these premises and the promises set forth below, it is hereby agreed as follows: I. CITY RESPONSIBILITY The City hereby agrees to execute the attached Assignment of ASSIGNMENT AND ASSUMPTION OF CONSTRUC11ON CONTRACT and to thereafter perform all duties and obligations ofthe Owner under said Construction Contract, including, without limitation: A. Provision ofconstruction documents, specifications, and project management resources necessary to effectively coordinate with WSU for the duration ofthe Project. B. Make, when due, all payments to WSU for the work performed on the Project. n, DISTRICT RESPONSIBILITY The District, having entered into a Change Order with WSU, providing a pre-negotiated unit price for labor and materials, shall execute the attached ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION CONTRACT and will secure the signature of the appropriate principals ofWSU consenting and agreeing to such assignment. III. GENERAL PROVISIONS A. This Agreement may be terminated as follows: Tennination for Cause. If, through any cause, the City shall fail to perform its obligation to the District or WSU, as set forth herein or in the Change Order, the District shall thereupon have the right to terminate this Agreement for cause by giving written notice to the City of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termmation is otherwise not appropriate. Notwithstanding above, the City shall not be relieved of liability to the District for any damages sustained by the District by virtue of any breach ofthis Agreement by the City. -2- - B. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions ofthis Agreement and attachments hereto which may require continued performance or compliance beyond the termination date of the Construction Contract shall survive such termination date and shall be enforceable by either party as provided herein in the event of such failure to perform or comply by the other party. C. This Agreement is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part ofthis contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modification ofthis Agreement shall be effective unless agreed to in writmg by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. D. To the extent that this Agreement may be executed and performance oflhe obligations of the parties may be accomplished within the intent ofthe Agreement, the terms ofthis Agreement are severable, and should any term or provision hereofbe declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. E. This Agreement is intended as the complete integration ofall understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by wnting. F. The City represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the City's obligations under this Agreement. The City further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. G. This Agreement shall become "effective" only upon the date it is executed by the District. -3- H. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention ofthe parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only I. The City assures and guarantees that it possesses the legal authority to enter into this contract. The City warrants that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority and to lawfully authorize its undersigned signatory to execute this contract and to bind the City to its terms. The person(s) executing this Agreement on behalf of the City warrants that they have full authorization to execute this Agreement. J. To the extent permitted by law, City hereby agrees to indemnify, defend and hold hannless the Dislrict, its Directors, Consultants and employees from and against and in any respect of all claims asserted against, resulting to, imposed upon or incurred by the District (whether such claims are by, against or relate to The District, its Directors, Consultants and employees, directly or indirectly, by reason of or resulting from any claims or liabilities arising out of said Construction Contract or any breach of Construction Contract or from any liabilities ofthe City arising after the date of execution hereoÂ£ The City further agrees, to the extent permitted by law to indemnify, defend and hold harmless the District from and against the entirety of any adverse consequences the District may suffer resulting from, arising out of, relating to, in the nature of or caused by any liability ofthe City, whether arising out ofthe Lease or the operation ofthe leasehold property which may arise after execution ofthis Assignment. Nothing herein shall be construed as a waiver of any protection available to the District, the City or their respective employees under the Colorado Governmental Immunity Act, codified at C.R.S. Â§ 24-10-101, etseq. -4- '' 6 K Not withstanding the foregoing, nothing under this Agreement or the Assignment executed pursuant hereto, shall be deemed to affect or cancel any contractual obligations or duties to the District ofWSU, its insurors, or its bonding agents, pursuant to said Construction Contract, or the insurance policies and bonds, which are in place for the benefit of the District pursuant to said Construction Contract. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: ASPEN CONSOLIDATED SANITATION DISTRICT By M48Â£L 144 By /~SAAc --CVTi- C , Title ~02 5 ~4 IM4 Title 6-4 dL / r-+ e Q. * 1 ATTEST: (SEAL) CITY OF ASPEN, COLORADO By By â€ž~5~~ Title Title -5- 'râ€¢' Attachment JENNY ADA]R REGIONAL STORMWATER QUALITY PROJECT Comprehensive Project Budget / Construction Costs Aspen Parks Department 6-Jun-06 WORK ITEM QTY UNIT UNIT COST TOTAL COST GENERAL CONDITIONS - COA scope City Parks Project Management ! LS 35,000.00 35,000.00 (Design & Construction 2006-2007) City Engineering Proj. Oversight/Inspect. 1 LS 9,000,00 9,000.00 Consult. Engineer Const. Observation 1 LS 34,500.00 34,500.00 Geotechnical Inspections 1 LS 12,500.00 12,500.00 Permitting 1 LS 8,000.()0 8,000.00 Construction Surveying (easements, pond) 1 LS 8,000.00 9,000.00 Construction Traffic Control 1 LS 5,000.00 5,000.00 Construction Fencing 1,200 LF 1.00 1,200.00 Subtotal 114,200.00 SITE PREPARATION - COA scope Demolition-Puppy Smith House 1 LS 28,000.00 28,000.00 Clearing and Grubbing 2.58 AC 6,500,00 16,770.00 Unclassified Excavation 6,200 CY 10.00 62,000.00 Rock Retaining Wall (3' avg. height) 1,140 LF 30.00 34,200.00 Fine Grade (350 SF Picnic Area) (1 day) 1 LS 901.00 901.00 Fine Grade Wetland Benches (16,692 SF) 1 LS 10,565.00 1(),565.00 (3.5 weeks landscape restoration crew) Screen and Place Topsoil 720 CY 6.5() 4,680.00 Erosion Control 1 LS 10,000.00 10,000.00 Subtotal 167,116.00 SITE CONSTRUCTION - COA scope Concrete Pavement (3,032 SF 5" colored) 46.7 CY 500.00 23,350.00 8" PVC pipe outleU8" valve (62 LF) 1 LS 6,500.00 6,500.00 12" Cobble Pond Bottom 12,947 SF 1.10 14,241.70 Subtotal 44,091.70 OVERLOOK #1 - COA scope Crusher Fines paving (582 SF) 10.1 Thi 15.40 155.54 Crusher Fines install labor (2 days) 1 LS 1,802.00 1,802.00 Sodding (Picnic Area) 350 SF 1,50 525.00 Irrigation (Sod Picnic Area) 350 SF 0.80 280.00 Masonry @ Overlook #1 1 LS 15,000.00 15,000.00 Subtotal 17,762.54 OVERLOOK #2 - COA scope Crusher Fines paving (315 SID 5.4 TN 15,40 83.16 Crusher Fines install labor (2 days) 1 LS 1,802.00 1.802.00 Concrete paving (216 SF 4" colored) 2.6 CY 500.00 1,300.00 Masonry @ Overlook #2 1 LS 20.000.00 20,000.0() Subtotal 23,185.16 OVERLOOK #3 - COA scope Crusher Fines paving (547 SF) 9.4 TN 15.40 144.76 Crusher Fines install labor (2 days) 1 LS 1,802.00 1,802.00 Masonry @ ACES/Overlook #3 1 LS 15,000.00 15,000.00 Subtotal 16,946.76 STORMWATER INFRASTRUCTURE SITE PREPARATION-COA scope Clearing and Grubbing - infrastructure area 1 LS 9,500.00 9,500.00 Spillway/Riprap @ 'dam' landform 665 CY 30.00 19,950.00 (66 haul trips) + cobble placement-1 week Gravel Parking area labor (932 SY) 1 LS 11,840.00 11,840.00 (2 weeks labor) Class 6 Aggregate Base Course-parking 155 CY 10.50 1,627.50 Gravel Drive area behind Electric (944 SY) 1 LS 8,880.00 8,880.00 (1.5 weeks labor) Class 6 Aggregate Base Course-drive 157 CY 10.50 1,648.50 Hot Mixed Asphalt (grading SX)(AC10F) 56 SY 68.85 3,855.60 Puppy Smith road repair (By others) Subtotal 57,301.60 PLANT MATERIALS - COA scope Seeding (Native: 57,371 SF) 1.32 AC 4,000.00 5,280.00 irrigation (Native Areas) 57,371 SF 0.55 31,554.05 Deciduous Riparian Trees (2" cal.) 40 EA 450.00 18,000.00 Native Area Trees (1-1/2" cal.) 60 EA 200.00 12,000.00 Coniferous Trees (8' height) 18 EA 400.00 7.200.00 Native Area Shrubs (5 gal.) 550 EA 25.00 13,750.00 Wetland Edge Plantings 16,692 SF 2.00 33,384.00 Native Area Mulching 1.32 AC 3,500.00 4,620.00 Subtotal 125,788.05 STORMWATER INFRASTRUCTURE SITE RESTORATION-COA scope Seeding (Native: 8,500 SF) 0.2 AC 4,000.00 800.00 Native Area Mulching 0.2 AC 3,500.00 700.00 Subtotal 1,500,00 Grand. Subtotal - City work scope 567,891.81 Contingency - City work scope 12% 68.147.()2 Total City of Aspen Work Scope 636,038.83 STORMWATER INFRASTRUCT. GEN. CONDITIONS - Bid by W.S.U., inc. Mobilization (crane time, lodging, bonding) 1 LS 89,087.00 89,087.00 Construction Traffic Control 1 LS 4,515,00 4,515.00 Construction Surveying 1 LS 8,000.00 8,000.00 Subtotal 101,602.00 STORMWATER INFRASTRUCTURE PREPARATION - Bid by W.S.U., Inc. Erosion Control 1 LS 3,438.00 3,438,00 Remove existing 36" CMP 1 LS 23,141.14 23,141.14 Remove manholes - (qty=2) 1 LS 7,606.00 7,606,00 Dewatering 1 LS 61,982.00 61,982.00 Common Excavation-infrastructure 1 LS 12,642.00 12,642,00 Sewer Line protection 1 LS 2,295.00 2,295.00 Subtotal 111,104.14 STORMWATER INFRASTRUCTURE CONSTRUCTION -Bid by W.S.U., Inc. Concrete crest wall 1 LS 23,707.35 23,707.35 541' RCP 1 LS 38,421.5() 38,421.5() 38"x60" RCP 1 LS 77,379.72 77,379.72 36" RCP 1 LS 23,759.68 23,759.68 30" Rep 1 LS 18,887.04 18,887.04 24" RCP 1 LS 6,379.50 6,379.50 18"Rep 1 LS 4,939.44 4,939.44 18"FES 1 LS 497.00 497.00 72" Manholes (qty=3) 1 LS 30,786.51 30,786.51 60" Manholes (qty=7) 1 LS 40,807.83 40,807.83 Diversion Manhole 1 LS 16,978.00 16,978.00 Headwall-dual 24" @ outfall 1 LS 12,956.00 12,956.00 Sedimentation Basin/vault 1 1 1.S 66,169.00 66,169.00 Sedimentation Basin/vault 2 1 LS 66,169.00 66,169.00 Sedimentation Basin/vault 3 1 LS 66,169.00 66,169.00 Water Quality Ouftall Release Structure 1 LS 23,621.00 23,621.00 Subtotal 517,627.57 Grand Subtotal - W.S.U., Inc. work scope 730,333.71 Materials increase allowance (Items 108-123) 5% 25,881.38 Total W.S.U., Inc Contract Work Scope 756,215.09 Grand Total Jenny Adair Project Construction Estimate 1,392,253.92 PROJECT FUND SOURCES AMOUNT Parks Department previously appropriated funds 450,000.00 TABOR funds available for 2006 450,000.00 City Open Space and Trails Fund 492,253.92 (to be repaid from 2007 TABOR excoss tax collections) Grand Total Jenny Adair Project Development Budget 1,392,253.92 EXHIBIT Atl Ous?UNG CONDITIONS IUP OF PUPPY SMITH STORM -WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 *2*ap**SP~ . TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th PM. =imcikc- -*i~~24Â»#-g%-%z,=531â€ž CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO 0*/MEN#/4Â£&*St/35~ 3#LET-J_QE-* :lgbiv.,#09,~*XK.M~E.L~., \ :M94%*k- i ./1 -* W 97 '.,r . I i i ... - 9., tb Â£ 64: 1 1/ 3 .2: -4 9.'A .1 ER ..13 % 6-liz A Â·. -Al~. i/--~ -- BIN#f ( -%1" =mu. ) 9 ~~,5/4.-/.......Â»4Â£,7-4.L--&PV// I.'Illip. ' Â«3 ..X?, I 234 -=91%1=E 1,206 ..h ..ri \ 1 - ~f.0,â€ž91 '004., hu f. 1. . . â€ž.........J~*~3E~f~~~A 17-â€¢*2:~ 2174- .A,___ -' 4...9 % 1 1 / \ ...LA- ....TY 'Al ...fl:fs: 4/3 - a , Â·34 I .44 - -*ir /..m .. -/ ao~S 1/ #~rt e, ,~,c,i-:-*, ,ugu#,r ,147,4 *,0 4% 8.-I â€¢ L , 7,-* m #09---6~~Wg& . ' -MW,M l 5- .40/40 .84 2,~n GFS Pts =1. 0 7-**47 J-=sgroll= or s-,(\M-gra .0, ./. le..(4 â€¢102* .7/kNED A PU I., al p.u m *As. 5, A u.uwÂ» er 1 3,-lar i irrnt* rn, 1 fu &. 0., r= a.sr =â€¢Mâ€¢*. w WY ' ./.I I h .... ./ .1. S.10,0 - ... C.R. 3 3 . -CI *-Dr. -r, rli , 4/4 g, s,crxâ„¢ r I mula ,Â£. A..C, C~ 4. r.,# 1 \ . 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I '; =U-*e#Jwl#*4%#- N..,-0 T-NI WI .1- V -- 07. â€¢IMI GRAPIC SCALE - 1 i , - 1 V , ....t ./gUA .0 ....r .............. â€¢4. PÂ»*PIR:/ 1 /2.- Dy IP-* DCD,IUU>4 U../ rn orr y Lut' Ul r,ur r~ 1* f~r Alla COÂ»S t - TRI MS- W fF E~--*CU UÂ¢D **WEP -*,seÂ·,=Â¥/ wr i *"1'*MA râ€ž \ I. SOPRIS B;NGINEERING_-LE X â€žr, 544 OceÂ·Al CIVIL CONSULTANTS Â·3 502 MAIN STREET, SUITE O CARBONDALE COLORADO 51523 f (670) 704-0311 23~ --~ ~- ~1 EXHIBIT Al(cont.) . EXISTIING CONDfnoNS MAP oF PUPPY SMITH STORM WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE Eth P.M. 0 /"- I or I CITY OF ASPEN COUNTY oF PITKIN. STATE OF COLORADO S~I_E_,QÂ£_4 EXI""G CON,rrion UCIIC , o 0 --,2'..,t~Â·Â« I*zz.02,31-Â·Kll 11'Me# : jivd~L *-3-/ --1 I. --- /4 1 Â©ThÂ¥K.f /O, 11 %2111| 111/'/g. 44, b 1~09 .4 004770Â£7* 6684823 . . . C {LIli- Nrv I.-'A 1, /9 -=f>/Ty 1*~dr~-7-7 / 1 1 ,..,(\24 ..1.,< 2 /,OF~ Zif - p. %-/-1 N. \ -- 1-..L., 7--- . -- ic PY 5\\., ' 1 :h< , 1 1 1 / < 6mm --r i p -1 9,Â£â€¢,arrÂ« 4 f': 2.-- GRAPH!C SCALE â‚¬ eler s . 4 1 -1 , X k.6.2.4~ PPOFEP-7-7 SOPRIS ENGINEERING - LLC CA7L CONSULTANTN 502 UAIN STREEr. SUITE AS CARBONDALE. COLORADO 81823 (970} 704-031 1 . .1,1:.1 M.==1235 EEME,=22.7201 Â·Iâ€¢11-an. . 'll.r ./.#r= -I ... EXHIBIT A-~(cont.) PX[STILNG CONDITIONS WAP 07 - PUPPY SMITH STORM -WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 TOWNSHIP I 0 SOUTH, RANGE 84 WEST OF THE Sth P.M Crl'Y OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO =rlat.4 Eeâ‚¬ 2%4 crITING co,wr-0,1 45.END w. I . G J ...1// ECE- 13 1. ill ~ lillil . 1 44#if/, 1 -4... h CONM-~CrION / ht.C- E..37 \ i lili 11 ,- 1 MHW; , ' , l 1Jill 11 i .. 412\ 'Frld/FWN OF ,~ 4.J 111 i~ ~1 4. il?j;\\. . ARTU 4 On-W WON ..1/ U 1 11111 1 \\\\\\., 3 1 7 41 11'll' .4, NA''t \ .1 1 . 1 1 "I'll -- ruity-RAng, / --lit.'llf' i \\\\ - 7217Â¤2> 1~Â·4-49.12.-- - --- . =NF'. , I '' 5-1.' \4Â», . A 0 . =1 11 w - I _-4 + Ill Â»- I ...-.--/ \ - : 1,==F 40\\11- % 1\ & 0 ...U.'-.- I I 2, D J. r-â‚¬Â· . I (0091-5-acrl URN'be . R . \ rUM OD: , - . 7---i- ~ P '1' 4--21'J" . \\\\\\ \ 1 ~ AL>/ AÂ¥6 .7 / Novenge :110=t . t. VE . ' * IJA . ---- .7 /9 / 4 \34\ ..\ \ it 14 1 ./ 1 4 -'1'' L ENE. \\\-h 1, f . \4\3 / . / /0413 GRAPHIC SCALE =9=4 1 f \ r le-Em_:23 SOPRIS ENGINEERING - LLC CIVU. CONSULTANTS 502 WA,EN STREET. SUITE *3 CARBONI)42, COLORADO 0!523 (970) 704-03;I Ntieric/66 - - -/919, n...1 e.Int_- EXHIBIT Alcont.) EXISTIING CONDITIONs MAP OF PUPPY SMITH STO-RM WATER PROJECT A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE Gth P.M CITY OF ASPEN' COUNTY OF PITKIN, STATE OF COLORADO miULL.2-* ~â‚¬et effi Zal-41 SCSTT,0 COI~trnONI I.ECOD F ts u.7 mq .08 fli, .. .. Â·-.j i NX \ I N 1 '---- =12=41\r-.4 164 - 51==* 11 9-.lf.ygiÂ»* 42 y! N~~~~<r-~ ~ :.Fy/-,Arge -..,,-> .- - -.4. ' -, .t -. -lill*-i----~~ P. i FN-TEM-loN- 6Â¢= 1,â€¢ /2 Al #, v , / 2~.116 79NC-ly# 1-t A coffoMve, 1.9/ 5 4..62*4;f - k Li '. f AST -,MCI ...=0< *-*'Uâ‚¬74 9< 4) i / P rri U 71~. A F ' /X'& UNS CÂ·T : 4 }-.--pi-2. :4. A .8.9 , 42#e-7-7 L 11*J,ITER: -*-L- =26= ,'.; 60#91~-UG!1DN UCENâ‚¬ I -01.41 1 - f t .4 2. . &21-<530- ....... . . P V-FloD t . bly 52606 77*M76# 11OVEMDEP. Pool' . - hES#~ .. -- --2 -4----2 +04 40 1-,1 - â‚¬=9 1 -i--0 , â‚¬/ 1. 1 Ctzmams*2-4. 3/*% -tÂ· I . ARES; 41. #Fifeq -24<7~- - GRAPHr SCALÂ·E T ---.31*#*Tmi a.414\(j,026 -7 ==,7 $,Â·%Â· -----4#-------'-4.j.4,3ICEXM-3252-' r i SOPRIS jENCINEERING - LLC CIVIL CONSULTANTS 302 MAIN STREET. SUITE Aj CARBONDALE COLORADO 8! 623 g#TAg#VIAEJU-14 (970) 704-031 1 - mI vm*~J - 0 4/'*Ii ./le]... ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION CONTRACT THIS ASSIGNMENT (the "Assignment") is made and entered into as ofthis 11?Ly of june, 2006, by and between the Aspen Consolidated Sanitation District ("Assignot '), and the City of Aspen, Colorado ("Assignee"). RECITALS A Assignee is acquiring certain Contract obligations from Assignor pursuant to an Intergovernmental Agreement, dated June , 2006, by and among Assignor and Assignee. B. By virtue of a Contract between Assignor and Western States Utilities, Inc., C'WSU") for installation of the Second Street Sewer Replacement, which Contract was subject to a negotiated Change Order for benefit of the Assignee's Â£'Jenny Adair Regional Stormwater Quality Project" in Aspen, Colorado, WSU has agreed to perform work for benefit of said Project. C. Assignee wishes to acquire and Assignor wishes to assign all rights and obligations under said Contract which accrue on or after execution and closing of this Assignment. AGREEMENT NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows 1. Except for certain Â£'punch list" items remaining to be performed by WSU, Assignor does hereby assign, transfer and set over to Assignee all of Assignor' s rights under the above-referenced Construction Contract between Assignor and WSU, and all of Assignor's obligations under the above- referenced Construction Contract between Assignor and WSU accruing on or after execution and closing ofthis Assignment. 2. The above-referenced Construction Contract between Assignor and WSU is presently in full force and effect and unmodified except by the above-referenced Change Order. 3. Assignee hereby accepts such assignment and assumes all of the obligations and liabilities of Assignor as Lessee under the Lease and Landlord under the Sub-Lease that accrue on or after execution and closing ofthis Assignment. 4, This instrument shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective successors and assigns. 5. This instrument shall be governed by the laws of the State of Colorado 6. To the extent permitted by law, Assignee hereby agrees to indemnify, defend and hold harmless the Assignor its Directors, Consultants and employees from and against and in any respect of all claims asserted against, resulting to, imposed upon or incurred by the Assignor (whether such claims are by, against or relate to Assignor, its Directors, Consultants and employees, directly or indirectly, by reason of or resulting from any claims or liabilities arising out of said Construction Contract or any breach of Construction Contract or from any liabilities of the Assignee arising after the date of execution hereof. The Assignee further agrees, to the extent permitted by law to indemnify, defend and hold harmless the Assignor from and against the entirety of any adverse consequences the Assignor may suffer resulting from, arising out of, relating to, in the nature of or caused by any liability of the Assignee, whether arising Page 1 of 3 out of the Lease or the operation of the leasehold property which may arise after execution ofthis Assignment. Nothing herein shall be construed as a waiver of any protection available to the Assignor, the Assignee or their respective employees under the Colorado Governmental Immunity Act, codified at C.R.S. Â§ 24-10-101, et seq. 7. This instrument may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one in the same Assignment. 8. All notices required under said Construction Contract shall be given by the Assignee to the Assignor at their respective business addresses. Furthermore, should any notices be received from WSU or any other party affecting Assignor in any way, including notices of default, Assignee shall immediately provide Assignor with a copy of such notice in writing, time being ofthe essence. IN WITNESS WHEREOF, the Assignor and Assignee have caused this Assignment to be executed on the day and year first above written. ASSIGNOR: Aspen C,nselidated Sanitation District e Chairman ATTEST. n 1, n LA f /7 1/ c>tuâ‚¬t- 11/1 ledreaq Vi Ce cui, 60- - ASSIGNEE: City of Aspen, Colorado 1/,u* r I ATTEST: City Clerk Page 2 of 3 46 - RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A 180 DAY EXTENSION OF THE DEADLINE FOR THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES (ACES) TO RECORD THE FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN AND SPA AGREEMENT Resolution No. 97-Â¥~ WHEREAS, pursuant to Section 26.80.040 ofthe Aspen Land Use Regulations, an applicant is required to record the final SPA development plan and SPA agreement within 180 days following approval of the plan by the Aspen City Council (hereafter "Council"), or the plan is rendered invalid; and WHEREAS, on February 24, 1997, pursuant to Ordinance No. 6, Series of 1997, the Council approved the ACES fnal SPA plan; and WHEREAS, the ACES final SPA development plan and SPA agreement were not recorded within the required 180 days; and WHEREAS, ACES has requested a 180 day extension from the date of expiration to finalize and record the required documents; and WHEREAS, the Council considered the applicant's request for a 180 day extension of the recording deadline at a regular meeting on November 10, 1997, and approved it by a _- vote. NOW, THEREFORE BE IT RESOLVED by the City Council that a 180 day extension from the original deadline (August 24, 1997) for recording the ACES final SPA plan and agreement be approved, subject to the following conditions: 1. The applicant shall record the final SPA development plan by February 24,1998. The final development plan, which shall consist of the site plan ofthe entire site; site improvement survey of the area being developed, including building footprints, utilities, easements, and landscaping; building elevations; and the Specially Planned Area (SPA) agreement, shall be recorded in the office ofthe Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement by the deadline stated above shall render the plan invalid, and reconsideration of the final development plan and SPA agreement by the commission and city council will be required before its acceptance and recording. 2. All material representations made by the applicant in the application and during public meetings with City Council shall be adhered to and are considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the City Council at its regular meeting on November 10, 1997. Attest: Mayor: LuÂ£.,0 12Â« P- lt-4:7,Â¢- Kathryn Ko00 John Bdnnett City Clerk 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN AND TO REZONE THE ASPEN CENTER FOR ENVIRONMENTAL STUDIES (ACES) TO THE ACADEMIC ZONE DISTRICT, TO AMEND CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT SECTION 26.28.230(C)(1), CONDITIONAL USES IN THE ACADEMIC ZONE DISTRICT, AND TO APPROVE AGMQS EXEMPTION FOR AFFORDABLE HOUSING ORDINANCE No. 6, SERIES OF 1997 WHEREAS, the Trustees ofthe Aspen Center for Environmental Studies (hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development Department to rezone to the Academic zone district and to designate the property as a Specially Planned Area (SPA); and WHEREAS, the Applicant has also requested approval of a text amendment to allow "attached residential dwellings" as a conditional use in the Academic zone district; and WHEREAS, the Applicant has also requested a GMQS Exemption to construct five deed- restricted affordable housing units for ACES employees in two new structures: a straw bale structure containing two one-bedroom units and a "treehouse" structure containing three studio units. The structures are also intended to serve as a model for the community of environmentally sensitive employee housing; and WHEREAS, approximately 4 acres of ACES is located within the City of Aspen and the remaining 21.5 acres are located immediately adjacent to the City of Aspen in the AFR-10 zone district; and WHEREAS, the City Council, by Ordinance No. 7, Series of 1997, at its regular meeting on February 24,1997, did approve the Hallam Lake Annexation. WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7,1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 I , . WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7,1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned Area), the Planning and Zoning Commission has recommended approval ofthe Final SPA Development Plan and the proposed map and text amendment by a vote of 6-0; and WHEREAS, the Planning and Zoning Commission further granted Special Review approval for parking and Conditional Use Review approval for attached residential units; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that ACES is a very unique institution which enhances our , community by maintaining the Hallam Lake Nature Preserve and providing environmental education, and that designating the property as a Specially Planned Area benefits the city's residents and visitors by allowing flexibility to accommodate the variety of uses which currently exist; and WHEREAS, the City Council finds that the existing and proposed uses at ACES are consistent with the purpose of the Academic zone district "to establish lands for education and cultural activities with attendant research, housing and administrative facilities"; and WHEREAS, the City Council finds that proposed housing units will be deed-restricted in accordance with the housing guidelines, are compatible with surrounding uses and will have a minimal impact on the land; and 2 . WHEREAS, the City Council finds that the Plan is consistent with the goals and elements ofthe Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the Municipal Code; and WHEREAS, the approvals granted herein are specifically conditioned upon City Council approval of said Petition for Annexation by Ordinance duly adopted. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the proposed map and text amendments: 1. The proposed amendments are not in conflict with the provisions ofChapter 26 ofthe Municipal Code or the Aspen Area Community Plan. 2. The proposed amendments are compatible with surrounding zone districts and land uses, and will have a minimal impact on the natural environment. 3. The proposed amendments will promote the public interest and character ofthe City of Aspen. Section 2: Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Map is hereby amended to rezone the Aspen Center for Environmental Studies to the Academic zone district with a Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A. Section 3: Section 26.28.230(C)(1), conditional uses in the Academic zone district, is hereby amended, which text shall read as follows: Boardinghouse, dormitory, and attached residential dwellings for housing students and faculty ofschools and other academic institutions. Section 4: Pursuant to the findings set forth in Section 1 above, the City Council's approval ofthe Plan is subject to the terms and conditions of said Annexation Agreement and upon adoption by the City Council of an Annexation Ordinance annexing the subject property to the City of Aspen; and subject to the following conditions: 3 , 1. The applicant and the City Council shall enter into an SPA agreement binding the real property to any conditions placed on the development order approving the final development plan. 2. The final development plan, which shall consist ofthe site plan ofthe entire site; site improvement survey of the area being developed, including building footprints, utilities, easements, and landscaping; building elevations; and the Specially Planned Area (SPA) agreement, shall be recorded in the office ofthe Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the properly. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by city council shall render the plan invalid. Reconsideration of the final development plan and SPA agreement by the commission and city council will be required before its acceptance and recording. 3. The final development plan shall be recorded prior to submission of any building permits for the proposed housing units. 4. The applicant shall construct sidewalk, curb and gutter along the portion of Puppy Smith Street adjacent to the property, prior to issuance of a Certificate of Occupancy for the new dwelling units, or shall enter into an agreement with the City Engineer to construct sidewalk, curb and gutter, or appropriate alternate facilities, at such time in the future as deemed appropriate by the City Engineer. 5. At building permit submittal, the applicant shall provide a letter from an engineer registered in the State of Colorado stating that the property can absorb all additional drainage created by the new development without undue impact on the municipal storm sewer system. 6. The applicant shall join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of-way. 7. Prior to the issuance ofany building permits, the applicant shall deed restrict the units to the Category 2 guidelines. ACES shall have first choice to rent the units to their employees. 8. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department, prior to issuance of any building permits. 9. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall inspect the units to ensure compliance with the conditions of approval. 10. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions ofapproval, unless otherwise amended. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 4 Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: A public hearing on the Ordinance shall be held on the 24th day of February, 1997,at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City ofAspen. Section 8: This Ordinance shall not become effective unless and until the City Council approves the Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City ofAspen on the 27th day of January, 1997, W (3- John *nnett, Mayor Attest: juu-10 AL__ Kathryn S. 106h, City Clerk FINALLY adopted, passed and approved this 24th day of February, 1997. P.0 (3-=96 John Bdhnett, Mayor Attest: --7 \ Kathryn S. K** City Clerk suzannew\aspen\cases\spa\aces\ord.doc 5 , 1 - ORDINANCE NO. ~- (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "HALLAM LAKE PARCEL" ANNEXATION. WHEREAS, on November 18, 1996, the Aspen Center for Environmental Studies did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in Â§31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution (Number 69, Series of 1996) at its regular meeting on November 25, 1996, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of Â§31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 4, Series of 1997) at its regular meeting on January 1, 1997, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with Â§ 31-12-105, C.R.S.; and WHEREAS, the City Council does hereby find and detennine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 111111111111111111111111111111111111111111 1111111111111 405578 06/20/1997 03:11P ORDINANCE 1 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Suli211. That the tract of land described in the Petition for Annexation, commonly referred to as the "Hallam Lake Parcel", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Sectiall.2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. SccLiQI]-3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. SMiQ1111. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. vvy-vi, 4 Â· That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. n 111'1111111111111111111 lili lilli 1111111111111111111111 405578 06/20/1997 03:11P ORDINANCE 2 of 3 R 16.00 0 0.00 N 0.00 PITKIN COUNTY CLERK 2 - A public hearing on the ordinance shall be held on the 9â‚¬day of ~~Uu*1997, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /o day of -,4,4~-,1997. ..i Ajp. John S. Bennett, Mayor i 0 '- ATTEST: . 0 4 F. ' 1 y . c.. --12 64+-- ' ]~&6~2~..h,City Clerk FINALLY adopted, passed and approved this*L day of ,1997. 5,L- LE._,g-- 4 .f 45, John ~. Bennett, Mayor ATTEST: SBAL KatAM S: *61, City Clerk 405578 08/20/1997 03:11P ORDINANCE 1111111111111111111111111111111111111111111111111111111 hallam.ord 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 3 OW A-(-RS.*bl / , I 1\---143 41\-\\-11 9 41 ----9 441 1 1 C,A /1\ j /~3Â«7-- 2\\4 , j U \ Â» \ \\ 1-0-\ - -7-20 DURANT SI-REET. SUrn: li-8 ASPEN, COLORADO 81611 303/923-3021 \41 201 W'liST (01 ORAI)0 AviÂ·Nt I St.1-lt : . Box 1520 __01Â«21Â«_ 1 Â»/1 9 4 JENNY ADAIR PARK 3 /1 1 W--18-01(~4 Tl:.lit RIDr.,Cl)!OR.Â·11)0 8141Â·3 - . r \40 ~r--Â«Â«j ASPEN 3 / FOR - CENTER 44 BIRD OF PREY 9\1 ENVIRONMENTAL BUILDING \>832 30Â« 1 4.4- J ht i STUDIES PROPOSED) -8 4 ft C 1 - 1 i U / // \1 9 1 -I.---I-.. ---I-I-.Illi..~-Vi, //4 14 1 ~ H USE JA5b Â«Â«-- c 12,4 9 4 DIR'-C-PORS f f \ILL 1Â»Â·te) lir o' - \41/ 4 4 HALLAM LAKE - - - L-JJ ACE ~\ 1~ ,1 . -1 0 0 .. -Â«110< vt, 3 1 5\ 3 4 11 L. 1 3 341-~~t_-4~--'-~- t#1~~~__~~~~ - 7030 )* ilil 403(f â€ž ) fh 3-3 1~ 0 &34 -3 rÂ»ErÂ« ... / ' 1- JAW / GRA - TRAll ~1 - 41\ 4 - -rlt,~~' ~ l-lict.j //F{i>CLO.j~- -4--13\ \12Â« FROM DEVELOPMEN~ ~~ J7 7*4â‚¬ - ~ BERM/SCREEN - 70460 1 //-4 Â»___1921-- - .rÂ£*EnÂ«Â»:CT~~~~ ),61 cl, rl,p (-vy 41 EMPLOYEE SER C 210 -%)-~ ) HOUSE RO | -4/ 3 ff 1 1 Â«-1-494Â«1 - - --41-v--w ~ A- -t- 1 L) Cl - / DROPQTf--< - c--3 $ -. EXISTING -9--tfflf A -%- -2014Â«Â»Â«4/Â«coÂ« _ fl 0Â»13 r-Â©~ ~u"V--- SITE PUPPY SM[TH ST. - PLAN b... *I.- I-;-- r~-7*)04,<OfIERT,Ar, ha /T Â£- .4-h 1 * I :Af# 't~*/)tifee*--Â» ir--Â»ov- -444 CITY ELECTRICAL SWITCHING STATION 4 PROFIF//// ) 1- if / 1 \ J HOUSE h / f i< 3 1 1 \ Aspen, Colorado GIVEN INSTITUTE A ~1 11 1 1!/ 1 - fl ~ . : f f REVISIONS $ ~f :<i~ f '19/ C ,/ 1 \ 3 IF t \k/ / Al 9 1 4 i . All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be POST OFFICE used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the iob site. Any dimensional ' discrepancy shall be brought to the attention of 1 u/ the Architect prior to commencement of work. 11 i 'Â«SE fl.1 PROJECT NO. DRAWN BY: \ 1115 - / 3 CHECKED BY: Y/. '~ ~ ISSUE DATE: f r " ms SHEET TITLE: Â»3,41%\ 1 .0 37 SCALE: 1" = 30' -- SITE CONCEPTUAL 1 PLAN 1 . . 0 . . I V. - TELEDYNE FOST N392Q4 -- 0 0 0 \\ MERRIAM %% MAP 017 5UBDIVINION A M ./ LOT I Z 2 ES 1 \\ 46; - &5 4 : .1 / / e HALLAM LAICE ANN]EXATION I / A + , LOT 2 95320" 1 w * WOTH PROPOSED 66*CADEMBC REZONONG BOUNDARY 0. ./ * '' Â© C a 1 1,-21 2 F LEGAL DESCRIPTION 1 WA ''A / $ U \/ J 01 4 .: .Â«4Df... 4/ 70 528Â°cdÂ«'6 53-41 /0Â» 1 4 A TRACT or LAI\IP .511UATED IN THE EAST HALF Or bECTION THENCE DEFÂ»TING OAID CENTEKLINE 12, TOMÂ·45)HIr 10 Â©OUTH, RANGE 05 WEST Â»40 IN THE WEE)T #(0553'204 170.51 FEETi 2 1 C , . I : ..0 1--IALF OF Â©ECTION 7. TOWNDHIF 10 SOUTH, RANGE 54 \VEÂ©T THENCE 543Â°07'41 t'W 133.00 FEETi I. 562*'032*45Â·50 + \ i ivy * <*- . . 1 ' OFTHE 5IXTH FRIMCID\L MEKIDIAN, FITKIN COUNTÂ¥, THENCE .5 25~00'00" E 5341 FEETÂ· RAONING 6OUNPARY , ..4 \ 1 1.1 1591 ~ ANNE.>0477ON , COLORAD@ MORE FARTICULARLy PEECKI 131512 AD ROU_OWEr THENCE 562Â°40'00" w 45Â·50 PEE]~1 TMENCE 55(725'00" W 159Â·76 FE.51 i Â¢:ie 9Â§463 E- L / I \ i \%+ 1 \1 DEÂ®INNIING AT A FOINT WHIENCE THE QUARTER CORNEK THENCE 55504'00"W Â©6Â·70 FEET0 ' COMMON TO DAID 5ECTIONS 7 AND 12 BEARÂ© N22'41'ID"E THENCE- 503Â©45'00"E- 101.63 FrEYÂ· :44./ i.-~ / 2)50'04'00>i.- ( 1 \ 1 .---I :\ Ny ':ift,/' 80.70 31 1 6/ \ ,. 632.67 FEET- THENCE 50704 ~00'15 12-1.66 FEE.T~Â· \J - THENCE 534'55'17"E 30Â·03 FEE-~ THENCE 55â‚¬1 CO"W 37Â·55 FEED l./3 1 \1 Â»1 \\ \ \ \ THE-NOE 332Â° 05'40'IE 178Â·19 FEEl/ THENCE. 029Â°07'00"Eli 5.46 FEETi 5.23 J / PITKIN COUNTY N -THEINCE 574Â° 18'00> 25.73 rEET THENCE 33706'60"E 2)1.60 FEE-r~ J , J \ THENCE 562'33'00 E 194Â·52 FEEtÂ· THENEE- 3072),VI)'E 40.30 FEETi // 8.2 \ A 7 r n \ 0/-/----N\ + THENCE NO2'00'00"W 41.23 FEETÂ· THEINCE & 15Â°05'00"w 63.50 FEET,Â· IC. 7. C-/J %\ /1\\ / NÂ·20Â©CO'CO" /// // 56.00 U.eh \\ THENCE- 374Â°10'00115 39Â·70 FEEâ‚¬ THENCE 530'50'00"w 11(b.43 FEET/, 11 LE) 1(' 6 THENCE h.102Â°00'00"5 326.Co FEET TO A Fol NT IN THE THENCE 30509'CO" W 124.93 FEETÂ· f 1 i } \ \\ 43 CENTEK LINE OF THE MOAKING FORK KIVEKi TkIENCE 077'55'00,1 33Â·59 FEETf / / 4 -ti~ THENCE ALON& DAID CENTEKLINE THE FOLLOWING THENCE 517Â°25'00'E 50.04 FEETÂ· \\ 1, I--------\-----I--*--- --n / N \\ \ 1 : I *RE~up N(0402-71001'W' 115Â·50 FEET-~ THEI\DE 344Â°34'ap"W 21.54 FEE.17 1 j \, SEAVER- PONDZ, : 1 6 5 C I. : FOF COUR555 AND DIÂ©TAINE.Et ~ THE-NICE- 549'55'00'E- 127Â·22 FER-1'r 4- 4 \ / h \ / 1\105027'004 63Â·32 FEETi THEHCE- 354'47' i~" 5 67Â·66 Feel)Â· .i < \ ~ \\ \\ 1 1 7 \ 1/ %140Â°30'Co"E 144.50 FEETi 71-IENCE N79'05'00"E_ 44.45 FEETi r J o t \, 9\ 446 --, 1 HALLAM LAKE \ \1 t' N26 27'00"5 164.75 FEET>Â· THENCE- 045Â°41'00"E 44Â·60 FEE-i~Â· 1 1 , - \\ \-,-1 306 -43 , C \\ N 14' 11 00" w 24,U FEETÂ· -THENCE 534Â°25'00'E 78Â·60 FEET g> ANNEXATION \ t 1 -/ , \\ 5 -04 \\ ' / / C--- N 38013'0011*/ 123.19 FEET, THENCE N55'35'03"el 49.03 FEE-T, Nt 1 537006'04"E- N 34'06'00"W 105Â·54 FEET/ TI-IENCE 540'3(033"F- 5.17 FEET)~ .t \ . \ ' \1 0'Â·60 u /1 1 21.526 ACKED = Al>ifIEXATION /48-k~ 1/4-0 4 , ' ~ \/ ~milerifil N127'30'00"W '36Â·58) FEEDÂ· THEKKE E 500Â°2625'12 210.13 FEETÂ· ' t , % 5<37Â°00'10"k, 1, 2-5Â·5 ACKE.5 = t'~CADEMIC-'~ ZONIOX<EA \ / t 066 14 1\113Â°26'00"w loG.82 FEETÂ· TRIENCE 334Â°5527 E 32.50 FEEf TOTHE IDINT OF 1 1 \ O+ 1 ,, \\ 1 4030 . - 1-9 -7 - r x NLÂ°20'00"* 317.00 FEETÂ· Â£ C . / 4144:23 NUN[60- . N2O00'00"4* 56.00 reef. MOINININGÂ· \J M = %---M : : -- 319~00'00'W ( j ' '~ NOGÂ°22'00'* 125Â·65 FEE.1~Â· CONTAINING 21.525 ACKE)/ MIDIKE OK LE-55. \\ \ 63Â·50 , 1 7 13 /6 ~ '' 0, 1 A // -t : / - N 14011'001' W \ t------4 ---' I. - -I- 6 24.61~ 10 \ 11 ' 6 1 2 1 1/ OM 11 HUFTFHEA , . 2 0Â©9 BOUNDARY TABULATION CITÂ¥\ OF ASP - 0 11/4 f b A\24 20 \\ 4 94 0 - '': . TOTAL ANNEXATION BOUNDARY 467720 FEET HALLAM LAI<E~~11/ Al O 4 0 32 BOUNDARY CONTIGUOUSTO ASPEN 3664.05 FEET U'~ iE ZE PERCENTAGE OF CONTIGUITY 70Â·34 96 -- -- 10 0 0 A \ 4 i 4 \ D-G \ L\ - 2 8- 07Â«11 r f , â‚¬ w \\\493:42=-- \ 27 -&- / \\ \ i '\ , 4408 . k-577'55'CO',9 33Â·69 888*rs CITY OF ASPEN APPROVAL ' \, ,-317025'00"E 80.64 I X \\ \ '0 /Â¥111 W 21.44 N 9 ly ' \ \. 43. /2 THIS HALLAM LAKE ANNE><ATION WAO AFFROVED BYTHE 54912722 N 09Â°05'00,75 4 Â·600 h,105'27'00"2 U 5~~7'.12" E 5132 , V , \m\ \ 1 15 1 63Â·32 ~ CITY COL)NCIL OF THE CITY OFAE,FEN, FITKIN COURITY, 1 - ~ hbot &400411Â¢01,16 49.60 .\.5 4 \\ 5 34Â°25'00'E 78.60 ,\\\\~\ COLORAPO FY ORDINANCE NO......___---__...,521<ZED OF 1992/ .. N,15535'00"E 49Â·93 \\ \\ ~ 411 2-Â«344 '' '. \ I ' \ I 5 40 36'bye 5.17 --1 \\ 1 ATTEÂ©T* \ / f FASSE[3 THE-_.____ PAY' OF 1 1992 \ 1 4 ~ <-------22312---fiI---- ",#~~ ~ ANNEXATION ,*hh \\ H NORTH 1 1 / .\ C \ I. ~'~ ~~~ '' CITY CLEIKI< IVIATDA '\ f \ ~ ~51\Â·1 CENTER. g , ,, ~ , 4/PW JOINT VE u<6 6 'IFOFFENEEMENE 505 IVIDION 0 - e ' ' \~\ :i , 9 ENVIKON'VIENTAL 11-45 CROSS HATCHING , ... /-1 .- , - NUE) lEo INDICATE5 REZONING EOUNDARY -C~ ' - if\ r , ' , i " \ --'0\\ "EAOT ME,A[X)*'~~ ( 69~SW~,~~ / \ 1 1 --...... 7 j i '7 \ 2 1 1 '-.... .. r =HALLAMDS ADD#?to)~1\~ ~/ \ 1 / ~ i =lit,11-Ll'~Uw'll~ I Â£ 11 + \ 0 -----4.J 1 t 12' " ' , EA \\ , EA 79/5 02055 /%4 75-4/NG imr- r NOTES / I--- .--- WD ND/CATE& EXIST/NG \ 1 HALLAM LAKE ANNE><ATION DOUNIC)AKY 151-HAT CONTAINED OTY UMI13 E[ RA 1 1 , 0 1 . 44// --- 115 20/9;k, L-: \ , OR #GONAL AS ~LEN~TOWNSOTE'I- 1-% :v' DOUTHEIâ‚¬Ly BOUNDARY' PIFFEK FIÂ©lvl NOK[H ANNE><A I ..\ Ily DEEP FlÂ©M ELIZABETH H FAEFCKE TO /\OFEIN CENTEK 45 5>, -4-- 1 1 AZEPV/-)' - \\ I I -- 033 6-may- \\ , , AINNE><ATION i / U t-,jitt~'',- ----- tofi ENVIRONMENTAL 5-[UDIED RECOK.DED IN [3001< 365 AT 7 2- 1 ' rmfoott) m~TUREA 9 552Â°004(yE 172).19 -f BGE 631, LEDÂ© LAND DEECRIBED IN DEEP TO WFW - -- - - --- -*-~-----........'... 1,Â©i:--* AMUGGLEE 61-REEr SL/ LE55 FART OF LOT i MERIKIAM 30&014510!N. ~ TREE T VACATONA 1 JOINT VENTURE RECORDED IN BOOK 352 FAGE 267 AND 4- . . -------1------------------------Il.% -1 %11/ A; / \JL34 i .7 3 las j 2 5OME COOKOEÂ© AND DISTANCES ALONG WEÂ©TERLy AND U F / Â¥L , 61 1 1 1 i RVEN M 7 3<00<224~43\ i 1 TION BOON]PARY bEE- COR,KEDFOINPANCE AMP 'VIAF KES i i lÂ·t INISTITUTE 1 1 1 + , 1 I - NOK-I-1-1 ANNEXATION IN CITY ENG[NEER'S OFFICE- // l' ij * f----- rh \ 1 - " PROFEMOK HOUDE " k \OV-\ -\ V J --- , c*--- L 3 1 t ; J, ---/ 49Â°/ 4449995 1 / 79 1 1 $7 / juu>Â»41-,/' < 1 /--:...---*T~ET--- -z===n ACCEPTANCE FOR RECORDING 0 1 t 1 f-------__ *Se / : / 1 --------------9 / *l l.' - Ill TH15 MAP oF HALLAM LAKE ANNIEXATION WAS ACCEPTED \ / 4Â·*VID / Ll l i /1 1 1 *Sky/,/ ' \ \\ --3 5 \ l, . FOR FILINe IN THE OFFICE OF THE CLERK AND KECORPER OF ill FITKIN WONTÂ© COLC)10\20 ON THE.--------_--------PAY OF FRANC/5 JTREET \*tr 4-...41 , lit --1 ' , ' - , , ~ , ....._...................---_---, 1992 IN FLAT FOOK----___ AT PAGIf 9= O 0 0 0 0 0 ) / 1 ' 1 ...~ UNDER \\ \ E--1 1 4- 1,1 00 0 0 0 0 1 1 \\ \ \43 :/ . 0 6= Â«cv OF 10 'Gi 01 1 , 0 \ 1 94 1 11 6 irl dilll I I I I <fil ---i-1 1 31 1 *1 : r-Â·' l~l r-7 1 /9/ CLEEK AND RECORDER SCALE 11IN = 1100 ET 1 -11 1 l 1 l I Of 11, / 1- 1%%\. 1_~_-2 j i i '1 11 4Â·-4 1, U NOTICE According to Colorado law you must commence any legal action based upon any defect in thus survey within three years atter you first discover such defect Alpine Surveys, Inc. Surveyed Revisions 8.15.92 Â»ST MEADOW 130UNDAKY> Title Job No 86 1 (09' 3 In no event may any action based upon any defect in this Survey be commenced Drafted 5.22.92 Jkle rgor[=01< P-lauDE " Client A.C.E 5 11 more than ten years from the date of the certification shown hereon Post Office Box 1730 Aspen, Colorado 81611 ' 9-13Â·93 "ACADEMIC' REZONING BOUNDAIÂ« HALLAM LAKE ANNEXATION 303 925 2688 WIITHI IPROPOSED 6*CAIDIPAAUC, 1@IFYÂ©INNG IRf%Q [Ihllina Pv - r . .F . -- h MERRIAM DUBDIVIDION 0\ ex MAP 017 \\ Lori : ! k ....4 A A -7- Ir -Ir A -~ y 7"-' A NX]EXATION ARTING OAID CENTERLINE '953'204 170Â·51 FEET> FOZ':41 ".* 133Â·05 FEED 5 00'00' E 53.41 FEET, 2Â°4Â©00" W 45Â·50 FEET 126'0001 159Â·* FEE-4 00041001'w Â©@.70 FEET-Â· 3Â°45'00'E- 101Â·63 FEET< 7-45'00"5 121.06 FEE:T~ 5 1 200" W 37,55 FEETi 9007'001 2 1 6.4/0 FEET,Â· 17 Â°00'co"E 2,1. 60 FEET, 7 Â°00'00'6 40Â·30 FEETi DOC)01001111* 63.50 FEET, 5,50~'w 11 0,43 FEET> 5 09 cu w 124.93 FEEEÂ· 7'55'0< 1 33Â·259 Feeli *25'~0-'E 00Â·154 FEET, 3'55.'90~15 127Â·22 FE[f. 4 34 co W 2.1.54 FEEJ, 4.4711'20 K 57 6,6 FEED. 9'05 00*11 46.45 FEED 54 1 '00 0 E lA.00 FEET;Â· 4'25'00'E 76Â·Go FEET, 5'35.'(X)'IC- 40Â·93 FEET 03*33" 6 517 FEE-'j' 9 2625'2 210Â·13 FEETÂ· 4-55'17" E 9250 rEef TO THE RDINT OF 21Â· 52.6 ACKES, MORE 0% L[53 ( TABULATION A-TIC)N aCl)HPAIrr 46077Â·20 FEET 4TIGUa_)9 TO ASPEN 3664.05 FEET- y CONTIGUITY 70Â·34 % ASPEN APPROVAL 7 NALLAM LAKE ANIND<ATION 13 THE H VIAF R..EFEMAE[310 IN OMPINANCE b oF 1997 j Arf'ROVING Tl-4E ANNEXATION - OF/\DrEN, aDLDFA[X) OF TI-1E u NAUAN,1 EL " Oh] rEIDIfUART 24 , 1917 AND UNE 20, 1117 46 IEI.f'TION RIO. 405578 )MIE) OF THE CLEMK. AND KECONDER OF NTY; OP l-OMAGE). ~ JOI-th|VDENKIE-[13 MAYOM~ CCE AK 41<E ANNEXATION POUNOARÂ¥ Ie T-HAT CONTAINED :1Â©M ELIZABETH H FAUCKE TO hofEN CENTEIE OHMENTAL 51-UDIED RECORDED IN BOOK 355 AT LE55 LAND DECRIBED IN DEEP TO WFW iTURE RECOMPED IN BOOK 382 FAGE 267 AND r OF LOT 2, KIERIKIAMI DOP[pivlbioN. )#929 AHO DIOTANCED ALONG WEDTERLY AND y BOUNDARY' DIFFER FlÂ©M NOKTH ANNEX/\/ NPARY. 5EE COKKEDFONPANCE AMP MAF KE 5 6 W 4, C,-// (, r---fi--J~ft@fy--I,/ g / - ACCEPTANCE FOR RECORDING *INE>(ATION IN CITY ENIGIKIEER'S OFFICE. 1 1 I / / A-/..22:22/2.4 7. 1 ; i ! Â£~ , 1 1 + / ~62\Ovhzzirc 1 W i 1 1 , 0 ; 1 1ll THID MAP OF HALLAM LAKE ANNE><ATION WAS ACCEFTED , FAANC/5 1; / - F " FOR FILING IN THE OFFICE OFTHE CLEEK ANP KEOOMPER OF 6TgEET- E= FITKIN CQUNPO COMEAIX) ON THE-__.----_..1-~-~.J-IPA'f' OF --- ~ A>f>,+ 4 -- A 81 0 0 0 0 0 0 ---3 f \\ h. H \ Ill 1......_-- --, 199.* IN FLAT MOK___Â¥-Â¥ AT FAGE 1 \\\ it BOO O 0 01! 1 \ El ~---~-- UNbeg RECEPTION NO. ----- _ --- 0 - + R M vt O.0 0, i ct, 1 I -. f/ / Mi les' C.* 1 241 811 rq' 1 SCAILE 1 IN = mOO FT 9 1 0 CLERK AND RECOF.DEK ri F- ; a / 1 \ 1 1%1 LI 1 11 + 11/1 NOTICE: According to Coloradio law you must commence any legal action based 11 1 upon any defect in this survey within three years after you first discover such defect. Alpine Surveys, Inc. Surveyed Rwisions 8.15.92 "EAOT MEADOW' BOUNDAÂ«Â· Title L I In no event may any action based upon any defect in this survey be commenced Drafted 5.22.92 Jkle ; FKOF[550< HOUDE n. Client A.C. E 3 more than len years from the date of Ile certification shown hereon. Post Office Box 1730 0.05.17 KEVIE>E A.C.E.5. rF:OrEMJ-r HALLAM LAKE ANNEXATION Joi)No 66'109 2 Aspen, Colorado 81611 CITY AftÂ¥OVAL 303 925 2688 1.30.97 "FO.D.11/ Arr'~mAL 01â‚¬,HEEDR.1 05 .5 1/t - FÂ¥ . 0 . . . 1911=1 -44Â¥' 44 70 44. M . 0 0 . ........'.Mâ‚¬4 -1 J = 0 -1 9 . 6. . ... 0 fc: 'S. , 11 (04 2 . . 442: . .-00#*'. . 0 ... - 0 0- . 0 . - 6 . I .. 4429Â·* b â€¢' .lil- 'llillilillillillillillilillillililli0.8. .. .. 1 - h .. .... 0 , 6.- : 0 1~.0. 0 '' . I ..0 6 :~1&/le/<â€¢11]~/Wa ... ... - 0 . .. . ./.V Xâ€¢. ..... ..... . .Â¥4 ... I . .... r.~ - 0 -0.0 0--- m.. . 0 ., - .. .... ...224 .0 0 B . .. . A . a \ 8 8 0 \00~ 0 1 . .0 0 ... 0 ... .. 24 ... 0. r l â€¢00 00 ... 4 #br.Vill/9.-.-01-1*1*NAP*A V. -- All- Â¥ .440*> 0. - .... - .,2*814*:,929-*ad//.*764P - 1 er,-;â€ži,=-f,r~ @ \ /1 6.11= I ., ... -11...........el, M 3:~.-~.... :. DA. i. =- , I 10$~ ---~~:*--I -JA ,~ :. . ... ......I-----i 4 ..........."14 71 4:-LN..I- - C \ i.:/ , :.4,(Kil'PR~/PILJ '....9, .Vill/1//Ill:/i/"iti/& - J .. 1 NINE X A- 1*N - \ i .. ..:El:i:ilililimillie:/I'll'll'll'll'll'll'll'll'll'll'll.twill'll'll'll//0.. #\ 11/ULIJA. 0 0 .0 .15::5::::::::::::::mull//.7 1-I .., ... . 6. A - - 0. 0 . A . 9 X - ... , ..,4,#*=91--/-1--~ 0 1 0. . - h . /4.i ~ - - 1 0 %6* .. C 4 4,> M/~3 . 1 : D . a '..... 4 *62 .1- 4 a h.â‚¬.0 W HALLAM'S A**ITAIN 4,14 . 46-/~C 1.:.. ~. 1 'J 0 - IGINAL ASPEN T*vVNSITE ua 08 4 .4 ... ... / ~ tv .... ak .. .. C..li:i. ,-0 . ,ti*sm*Â»FA"**'~Â¥Â¥2&14%44,j.- + . I. . . I. I. /4 - 8/34- 0 - .. 0 . -0 Nb lA' 9 1 INDEX SHEET C i -- h NORTH ANNEXATION / to the City of -U / --- l ~045/44S fOCK 0Vr \ 4bf /3 - -- ASPEN,COLO. -1111 . - - : t 1 . h .* 4. ,Â·41+ LIN- ~: - L 1 - ' .- 11-VIT 1. -- - â€ž2,1 1 Â¥ f ~ a, i 1- - 1 - .~ - r I - i. D \ - - 1. / .1 '171- 1111- - 114* !>,- ~ L.: ~' f~ ~ _ ~ \ L.G.4/ 346 342<r i /,F -tt r I r .,131 h - ... \ - - Dvy. I - 1 Fi, 1- C - lim- / 1 1 - -- - / / -fL - - \ -- 1 - 1 Â·'U-- L le B / 11:11--/$,4:/5:bv k 1-1 + 11 ... 1 1 - -1 \ N 4.7 -IA- 4 \ - 0 \ - t- ' --. 4 -4 h - ,- 711 -4 1 1 -11 \ 47 Â· ir / 1 1,1 1 -1 1 *+ JI -| 44 I k 1 M . *IM+46 + ,-r 1% 1 9 -1- *9'12~ 9' ~41 I -r,-4..,_- ,_ 1 . ,~.1-1â€¢104, _ i 4 5 1 4.. ; - . 41:,ij:1 1- -!,,4/-4/ 11- '.Ill-:~ / . 11Â»--1.11Â» a , 144 1 1 \ 1 - -- \ * - . : ..4Â¥- 'i - ,) -1- 5WEET 3 t- 4V f. 'll/e/-4 -4 h 4 1-, i ,-L h \ 1 . + 9 .....'-In 1.-6 11 ID ' '74 r.-- - 46 L~~~_~'LL Â· i / - A- _,tiÂ·r' -~ ~ -41 1- 1./ - - .1- 1.Â©,E' 1 11 1 1 47,- 1-, 211--1 + 1 -11- -' :LK 4 - ..1-2 .. . -1- - , I 3144 Prett~ 0 , 11 1 .*1 1 -- -- 1-'.Tr. - 1 - 1 0- ,I +L 'i Â· Â· I.-4 1:- -1'br L' '' .U-,- . 7 JA/42 4 9 f ~%*-:.11~ir -'-t~ UNI214 .;;~:24%5(*:Â·~~~9?j::~flft...Ft. ~ -t.. ~ 0.1.#1-43#! r.*%'.. l.-1Â¢+12:,1~444 --4-2 ...rj.1 / .1 2 ./ -,e......... I....,2 4**//< Â·.A .. .4-- - . A .#-9 Ud, 21 j , \\. 4 73'm"'â€¢â€¢ .â€¢ â€¢' â€¢â€¢ + .,~â€¢'A- 'i 'Â· â€¢ . . r Â· Giâ€¢Â·Â· 'Â¢Â·:*9'la#*-fl': 1- htriapli.6-4 IM-1/19; - ..1 -, I~,V,~r- _-,I#Lruiwi-'2*Z' -Ir* f, '*I:*-~/'f#P'-1 *,-i-~1- ~ft.7..~ 7 ..9 , I. 61. e l I . C. : ;i:. 4Â·'- * . I i, - 2-vi -- 4:,'91'"1'12*116,4,- L L.L+L_':f ' A 11 - â€¢ 7'., I '."Â·Â·Â·Â·..Â©24.Ki. Â·... .p:*!DeÂ» .W' 1 1 .. . 14=1 -21. : /0.?k .,., ..l.1.- L. 4.I',26:....t ...1.,tsi . 4,-1-4 I I 11 '~ 14.:Â· LJ! Â·G.ti$~']IA) ' ~ 'Â· ~" '' 'A#*9Â· '1~ . 'I"~' ~ Â·â€¢Â·~I~la" 4 *M,1.- 4-" 1 46 1 - 1.1, 4â€ž/ ' 1 4' I 174' . --/ I .. ./. .1 A -Iii/01'/ill'ill//idia/0 1 .1 1-1, f AAF44--'1.1-2Â·-20Â·: r - 1 E liflptÂ·Â·~~Â·9~<~.Â· : ..r.1....~iÂ·Â«0*Â·..4/4041;'19.1,4 9. 11 L 8 Â§1 Â· 1 L I'.,=A- i 1-' -%246(0+- , .Â·Â·.-I-:.Â·~14**f* t 4 Â·Â·Â· â€¢Â·Â· L-7 ///f , /"CJ,ANÂ· --1~-Z.----1~"12-~49~ 4 0~- - -1---;---jalit60Â·j-~-~;4~- Z- -â€¢'-----~~~~ ~ r , L t-,4- - -7.- -4.,000Â« f 3, - ./ ' i ..,M 8,0*, i * 1 4- : - .*7*'.9 -%444 x . r $ I j 1 . t . 1 '1 14- 1 / f -- - --0MetameÂ» 1 0423 ~-- 1 / i / 1 4 r , - 4 ~--/â€¢CFC.-' u: 4. 7-1.9 4...,..t \/ / -1 111 - 11 .t .1 41 1--2<4Â« 0~1010 3bdEJ#**t6-*53Â» 1 99Â«49Â» M \ 1 74/497 7. ... - 11 '' 1 7 -0 0 vxcÂ» s Lf Â» 2 4,1 ..1 1 / l 00 )L - - _90Â«60449 9 Â«49009\04 3.2/ - ,1 -- APPROVAL APPROVED BY CITY COUNCIL , CITY ~ : OF ASPEN, PITKIN COUNTY, COLORADO , BY ORDINANCE NUMBER 96. f â„¢*DEUCE 4,5 -1- PASSED THIS ~ 501 0 Ax' of GLEN,vooD SP'INGS DECEMBER 1967 -,0 -ic--11 - -U =20Â»90Â»~ 0-A- / \f*X /-4 .3 MAY02 1Â»99Â« 1 ,/ 03 1 L> U: CITY CLERK \-234 vmeir ril - c. STATE OF COLORADO D SS.S. El c COUNTY OF PITI<lN ~) 1 HEREBY CERTIFY THAT THIS INST- RUMENTA-WAS FILE~ 1:10:1'Y--,OFFICE ~ ~z - i , \ - -1 ./14/4/ 1967 FEE - I / 0-- 0$.0000 RECORPER V - DEPUTY CITY COUNCIL CLYDE CLYMER WERNER KUSTER WILLIAM McEACHERN SURVEYOR 1 N THIS 5rATE OF COLO- DAVID E. STAPLETON i R.0 MAHNKE A REG/STERED LAND CITY ADMINISTRATOR RADO DO HEREBY CERTIFY THAT THIS MAP REPRESENTS THE ANN- LEON WURL EXED AREA AS DESCRIBED HEREON : CITY ENGINEER. ROeER D. MAHNKE ROGER D. MAHNKE COLO. 6868 0 -0- -- .-- - 0 0 0 0 C A n -7 DRAWING NUMBER DRAWING NUMBER DRAWING NUMBER DRAWING NUMBER AEORDER BY NUMBER 075AE; PLAN HOLD CORPORATION - IRVINE. CAUFOANIA PLAN HOLD CORPORATION â€¢ IRVINE. CAUFORNIA CAUFORNIA LAN HOLD CORPORATION â€¢ IRVINE AEORJER BY NUMBER 075AR Thomas J. Todd HOLLAND &HART ~ ttodd@hollandhart.com THE LAW OUTWEST March 28,2008 Jennifer Phelan Senior Long Range Planner The City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Center for Environmental Studies/Hallam Lake SPA Site Plan Dear Jennifer: Enclosed is the tab book I promised you. It contains ACES file materials on the Hallam Lake SPA Site Plan and the employee housing projects that were approved pursuant to the Site Plan. Please call if you need additional information or have any questions. Sincerely, ' Thomas J. Tpd~ of Holland & 41art 1.I.P Enclosures ec: Tom Cardamone Virginia Newton TJT/sm Holland&Hart LLP Phone [970]925-3476 Fax [970]925-9367 www.hollandhart.com 600 East Main Street Suite 104 Aspen, CO 81611 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. O ' INTRODUCTION The ACES Trustees respectfully submit the following application to the City of Aspen for the following Land Use Approvals: 1. Annexation ofthe remainder of the ACES property into the City of Aspen; 2. Rezoning to the Academic zone district (A Zone); j Approval of special review uses within the A zone district; 4. Conceptual SPA approval; and 5. Exemption from the GMQS process for affordable housing. Included is a Pre-application Sheet froin the Community Development Office that was prepared by Leslie Lamont in connection with a Pre-Application Conference. BACKGROUND: Over tile last several years ACES has been working to identify its current and future role in the Community. Like Many non-profits we are fortunate to be located in such a giving and extremely beautiful community. We also understand the goals of the Aspen Area Community Plan (AACP) relative to housing. Thus, when considering our "Master Plan " for the 25 acre ACE site, we have determined that we should be located within the City Limits. primarily to take advantage ofthe Academic zone district and because we are using and propose to continue to use City services such as water. In order to build our on- site affordable housing we propose to annex into the City, rezone to academic and gain approval for a special review use within the Academic zone district. Tile following more fully describes the philosophy of the trustees which lead to this application: To design and build an educational model for environmentally sensitive employee housing recognizing the importance of enhancing the natural surroundings for both human and animal habitat (the importance of the rehabilitation ofthe land as an integral part ofthe design plan). To achieve this ive deve]oped a trilogy and one guiding formula, 1, Renovation of the existing professor house - Goal: To make it energy efficient while preserving its historic character. Straw bale structure using natural materials requiring minimal cost, labor and visual impact-a finished product suitable as a model to others in the valley. A structure using state of the art environmentally sensitive products available commercialxy to serve as a model for architects and builders. 4. +1 -Rehabilitation of land that had been used for parking. To be planted with natural vegetation to recognize habitat as well as habitat important to small animals and humans. GOAL: To minimize the visual impact of human habitation on the land-while improving animal and plant habitat. ANNEXATION: ACES is proceeding on a parallel tract with an annexation request. REZONING (AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP): The following is a response to Section 26.92.020 ofthe City Land Use Code: 26.92.020 Standards ofReview In reviewing an amendment to the text of this title or an amendinent to the official zone district niap, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with aily applicable portions of this title. RESPONSE: To the best of our knowledge, this proposed amendment is not in conflict with any applicable portions ofthis title. B. Whether tile proposed amendment is consistent with all elements ofthe Aspen Area Comprehensive Plan. RESPONSE: The proposal will provide affordable housing within the Aspen Metro area for an existing non profit organization. In addition the proposal maintains open space that is valued by the community in the heart oftown. The proposal attempts to assist the community gods, of taking traffic off of Highway 82 and maintaining the work force within the community. 9 insert exact info from the AACP C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The proposal is consisted with the surrounding neighborhoods and zoning. The parcel is boarded by the Roaring for River, the Rio Grand trail, the City of Aspen electric sub station, the City owned red brick school, the Given Institute, and the West End neighborhood D. The effect ofthe proposed amendment on traffic generation and road safety. RESPONSE: With respect to the Community at large we feel that we are supporting the goals to take traffic offof highway 82. Specifically, we plan to provide housing for no more than 11 individuals. Currently that consist of 9 adults and 2 children (the directors). However, it is conceivable in the maximum situation that 11 people of driving age could live on the property. The following explains the traffic which is most likely to be generated on the streets of Aspen and specifically Puppy Smith street. The City uses an equation of 9.5 trips/day reduced by mass transit, other ; service, location and working on site, ACE is in close proximity to all necessary services such as a Post Office, grocery stores and mass transit. A survey done on existing on-site residents indicate less than eight (8) one- way vehicle trips per week (for five adults) E. \Â·ihether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which tile proposed = amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities, RESPONSE: The proposal can be served by existing utilities. Please see attached letters from tlie ACSD and the City of Aspen Water dept. Other facilities are not anticipated to be overbiirden by this proposal. F. Whether and the extent to wliich the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: No adverse impacts are anticipated with this proposal. As described in our introduction, we are using the most energy efficient building technologies that can be used as examples to others in tile Community. In addition, we will be enhancing the existing J natural vegetation and habitat. A rehab program for the property is attached which will mainly focus on bird habitat. Removal of two small srructures which are not feasible to renovate. Recycle materials. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: We believe that the low scale and minimal square footage ofthese structures will help to maintain the character ofthe community. Additionally, our decision to maintain the professor house in its current location will help to explain the history ofthe site(once a 52 liouse subdivision). Our approval from the HPC (this parcel is already within the City limits), provides for only minor inodifications to the professor house. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The need for affordable housing within the entire community, and specifically for ACES employees, has contributed to the decision for the ACES trustees to support this change to the site. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the piirpose and intent of this title (Code 1971 SS 7-1102), RESPONSE: We do not believe that this proposal is in conflict with the public interest and in fact adds to the harmony of the community. SECTION 26.92.030 - Amendments to Land Use Regulations and Official Zone District 111 a p \Ve are requesting a waiver from the August 15 submittal date because we feel that we are an essential community organization and because we are primarily requesting a rezoning in oi-der to build affordable housing. SECTION 26.92,40 - Application. The following is in response to section 26.92.40 of the City Land Use Code: A. The general application information required in Section 26,52.030 - See map's title attached. B. Tfthe application requires an amendment to the text of this title, the precise rvorking of any proposed amendment - Not applicable. 4 C. If the application requests an amendment to the official zone district map 1. The present zone district classification and existing land uses ofthe real property proposed to be amended. RESPONSE: i The Current Zoning ofthe property is mixed, including City and County Zoning. The following is how the proposal conforms to the Academic Zone district: The purpose of the "A" zone district is to establish lands for education and cultural activities with attendant research, housing and administrative facilities. All development in the Academic zone district is to proceed according to a conceptual development plan and final development plan approved pursuant to the provisions of Chapter 26,80, Specially Planned .Areas. The allowed uses are consistent with what ACES currently provides. Please see attached brochure. n The land area proposed to be rezoned to Academic is 25 acres. A survey of the parcel is attached. SECTION 26.27.230 and 26.64 - ACADEMIC A. Purpose. The purpose of the Academic (A) zone district is to establish lands for education and cultural activities with attendant research. housing and administrative facilities. All development in the Academic zone district is to proceed according to a conceptual development plan and final development plan approved pursuant to the provisions of Chapter 26.80, Specially Planned Areas. B. Permitted uses. The following uses are permitted as of right in the Academic (A) zone district. ! Private school or university, teaching hospital, research facility or testing laboratory, provided that such facilities are enclosed and there are no adverse noise or environment effects: 1 . Auditorium and other facilities for performances and lectures; Gallery; 4. Museum; 5 5 Library; and 6. Administrative Offices. C. Conditional Uses. The following uses are permitted as conditional uses in the .Academic (A) zone district, subject to the standards and procedures established in Chapter 26.60. Boardinghouse and dormitory for housing students and faculty of schools and other academic institutions, 2. Student health care facility, and 3 Student and faculty dining hall. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.80. E. Of-street parking requirement. The following off-street parking spaces shall be provided for eacli use in the Academic (A) zone district subject to the provisions ofChapter 26.32. 1 Lodge use. N/A Residential uses: Requires special review purstiant to Chapter 26.64. A|l other uses: Requires specia] review pursuant to Chapter 26.64 (Ord. No.22-1995, SS 6: Code 1971, SS 5-218) We a!so propose a Special Review in order to allow full housing units on the site (currently only boarding houses and dormitories are allowed as conditional uses), Section 26.28.230 E. 1 notes that residential uses require special review pursuant to Chapter 26.64 Tlie following is a response to that section of the City Land Use Code. 26.64.040 (A) Dimensional Requirements Whenever tile dimensional requirements of a proposed development are subject to special review. the development application shall only be approved if the following conditions are inet: 1, The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 6 The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. For the reduction of required open space in the Commercial Core zone district only, the applicant demonstrates that the provision of less than the required amount of open space on-site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. .As general guidelines, the applicant shall take into account the followin It illay be appropriate to have open space on the site when the building located on a street corner, or the open space can be linked to neighboring Pedestrian amenities, or the open space provides relief intended to maintain the prominence of an adjacent historic landmark, or the open space is intended for a particular functional purpose, such as dining or the protection of an existing tree. It may be inappropriate to have open space on the site when other buildings along the street front are built to the property line, especially along public malls, or when the open space is configiired in such a manner as to serve no public purpose. \Vhen the commission determines opens space is inappropriate on the site, it may reduce or waive the requirement if the applicant shall make a payment-in-lieu according to the following formula: Appraised value of the unimproved land. multiplied by the percentage of the site required to be open space which is to be developed equals value of payment. Tlie appraised value ofthe property shall be determined by the submission of a current appraisal performed by a qualified professional real estate app raiser. The payment-in-lieu of open space shall be due and payable at the time of issuance of a building permit. All funds collected shall be Transferred by the building inspector to the finance director, for deposit in a separate interest bearing account. Monies in the account shall be used solely for the purpose or deve]opment of land for open space, pedestrian or recreational purposes within or adjacent to the Commercial Code zone district. 7 54 . E Fees collected pursuant to this section may be returned to the then present owner of property for which a fee was paid. including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the Council sh-all have earmarked the funds for expenditure on a specific project, in which case the Council may extend the time period by up to three (3) more years. To obtain a refund the present owner must submit a petition to the financial director within one (1) year following the end of the seventh (7th) year from the date payment was received. For the purpose ofthis section, payments collected shall be deemed spent i on the basis of the first payment due to non-commencement of construction, may be refunded ifa petition for refund is submitted to the finance director within three (3) months of the date of the cancellation of the building permit, Al! petitions shall be accompanied by a notarized, sworn statement that the petition is the current owner of the property and by a copy of the dated receipt issued for payment ofthe fee. When the HPC approves tile on-site relocation of an Historic Landmark into required open space, such that the amount of open space on-site is reduced below that required by this Code, the requirements ofthis section shall be waived. 4. For the Residential/Multi Family (R/MF) zone district only, increases in external floor area shall only be permitted on sites subject to the requirements of Chapter 26.48, Replacement Housing Program. To obtain tlie increase, the applicant shall demonstrate a minimum of 2/3rds of the additional floor area allowed is used to increase the size of the affordable housing units beyond the minimum size standards of the City's housing designee and the development complies with the standards of Section 26.64.040(A)( 1) and (2). RESPONSE: Tlie houses are minimal in size and reflect to promote the philosophy of ACES Studio units are approximately 350 s.f. and the one bedroom units are approximately 500 s.E in tile two new structures. SECTION 26.64.040(B) Off-street Parking Requirements. When the off-street parking requirements of a proposed development are stibject to establishment and/or mitigation via a payment-in-lieu by special review, the development application shall only be approved if the following conditions are met. 1, In all zone districts where the off-street parking requirements are subject to established and/or mitigation by specia] review, the applicant shall demonstrate that 8 the parking needs of the residents, customers, guests and employees ofthe project have been met, taking into account potential uses ofthe parcel, the projected rl-allie generation of the project, the projected impacts onto the on-street parking of the neighborhood. its proximity to mass transit routes and the downtown area, :ind :iny special senices, such as vans, provided for residents, guests and cinployees. In determining whether to accept tile mitigation or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the City i has plans for a parking facility which would better meet the needs ofthe development and the community than would location ofthe parking on-site. 2, In 21 zone districts, where the off-street parking requirement may be provided via a payinent in lieu, the applicant shall make a one-time only payment to the City, in the amount of Fifteen Thousand Dollars ($ 15,000,00) per space. Approval of the payment-in-lieu shall be at the option of the commission. The payment-in-lieu of parking shall be due and payable at the time ofissuance of n building permit. Al] funds collected shall be transferred by the building inspector to the finance director, for deposit in a separate interest bearing account. Monies !11 910 Accolint shall be used solely for the construction of a parking structure or .hpi!Â·.ir new parking facility within or adjacent to the zone districts to which this 3,1 ! bfection applies. Fees collected pursuant to this sectioh may be returned to the then present owner ofthe property for which a fee was paid, including any interest earned, if the fees -- have not been spent within 7 years from the date fees were paid, unless the Council shall have earmarked the funds for expenditure on a specific project, in which case the Council may extend the time period by up to 3 more years. To obtain a refund, tile present owner must submit a petition to the finance director within one year Fo!!owing the end of the 7th year from the date payment was received. For the purpose of this section, payments collected shall be deemed spent on the basis of the first payment in shall be the first payment out. Any payment made for a project for which a building permit is canceled, due to non-commencement of constniction. may be refunded if a petition for refund is submitted to the finance director within 3 months of the date of the cancellation ofthe building permit. All petitions shall be accompanied by a notarized, sworn statement that the petition is the current owner of the property and by a copy of the dated receipt issued for payinent of the fee. 9 In order tO in sure that the payment in lieu rate is fair and represents current cost levels, it shall be reviewed within 2 years Of kS effective date, and every two years thereafter. Any necessary amendments to this section shall be initiated by the commission or the City Council to address the results ofthe review. OfF-street parking provided for multi-family dwelling units which do not share a common parking area is not required to have unobscured access to a street or alley, bii[ may consists of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the pezi-king's visual impact. Developments consisting of 3 or more dwelling units shall installed one 91) planter buffer per three parking spaces. Planter buffers shall be a Illininlum often (10) feet long by two and one-halffee side by two feet high unless otherwise varied by the Commission. The location and dimensions ofthe planters may also be varied by the Commission based on site specific circumstances provided that no fewer than 1 planter buffer is provided per 3 off-street parking inaces. Multi-family projects using this provision shall access parking from the A-Â·v. ifavailable. RESPONSE: ACES proposes to provide parl<ing to accommodate the residents ofthe newly con:tructed housing and the existing uses on site. In 1989, approximately 20 parking spaces were required for the addition of the nature center. At this time all the uses of the ..\CES property were taken into consideration. This proposal will add four (4) new bed]-ooms (two 1-bedroom units and two studio units). To accommodate those units we are proposing an additional four (4) spaces Corie per bedroom). The parking will be located on the ACES property, generally located behind the Aspen Electric substation buildinj (see the attached site plan). SEC . ION 26.64.060(C) Utility/Trash Service Area. Whenever the special review is for reductin oft}le dimensions of a utility/trash service area, the development Â·application shall be approved only if: 1. There is a demonstration that given the nature ofthe potential uses of the building :ind its total square footage, the utility/trash service area proposed to be provided will lie adequate. 2. Access to the utility/trash service area is adequate. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other developments on the block. 10 5 The 71-en ibr public utility placement and maintenance is adequate and safe for the pincement of utilities. 6. .Adequate provisions are incorporated to ensure the construction of the access Area. RESPONSE: No reduction in Utility trash service is being required. SECTION 26.64.040(D) Hallam Lake Bluff ESA. Hallam Lake BluffESA encronchment into fifteen-foot setback from top of slope or height limit. Whenever a special review is for deve]opment above or below grade within the fifteen-foot setback from top of slope as identified on a site specific section drawing or above the height limit established by the ESA. theÂ· development application shall be approved only if-the following conditions have been met: 1 .Â·\ unique condition existsÂ· on the site where strict adherence to the top of slope 30!.!lnel< wHI create an unworkable design problem. Â·\.nv intrusion into the top of slope setback or height limit is minimized to the UreateSt extent possible. 3 Other parts ofthe structure or development on the site are located outside the top ofslope setback line or height limit to the greatest extent possible. 4. Landscape treatment is increased to screen the structure or development in the sethick from al] adjoining properties. RESPONSE: This proposal does not violate any of the ESA visual concerns. SECTION 26.64.040(E) Subdivision Design Standards. Whenever a special review is for development which does not meet the Subdivision design standards of Section 26.88.(340(C)(4), the development application shall be approved only if the following conditions have been met: I A unique situation exists tor the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area 0:nprehensive Plan, the existing, neighboring development areas, and/or the goals of the cominlinity. 2. The applicant shall specify each design standard variation requested and provide itistification for each variation request. providing design recommendations by professional engineers as necessary. 11 RESPONSE: This proposal does not request a variance from any subdivision design standards. SECTION 26.100.050(B)(3)(b) EXEMPTIONS FROM GMQS BY GROWTH MANÂ·*IMENT COMMISSION FOR ACCESSORY DWELLING UNITS. The development of no more than one accessory dwelling unit on a parcel containing an existing denched residential unit or a duplex, and the development of accessory dwelling units in a newly constructed multi-family development that are not required to meet the Standards o[Chapter 26.100, shall be exempt from the growth management competition and scoring procedures by the Growth Management Commission, provided that the applicant demonstrates to the satisfaction ofthe Growth Management Commission that: (1) tile development will mitigate its impacts on the community by providing employee housing at the level that meets the threshold required in Section 26.100.060(C)(5) tor the lise. (2) parking will be provided according toÂ·the standards of the Code. (3 1 theÂ·project' s water supply, sewage treatment. drainage control, transportation, fire protection and solid waste disposal needs can be met, without adversely affecting Rei-vice levels provided to existing residents. and (46) 11,0 projecfs site design is compatible with Surrounding projects and appropriate 4,- the gte. RESPONSE: .AC[IS is requesting an exemption from GMQS pursuant to SECTION 26. I An (35 r)( B)(3)(b), Affordable Housing. ACES proposes to deed restrict the two new housing St!-1!ctil!-es pursuant to the Housing Authority guidelines. We propose to house ACES ..tallhvlio meet the affordable housing income guidelines for Category 2. The existipy professor house is being restored in conformance with the HPC guidelines. This structure liaR historically been used for visiting professors and staffor individuals on a seasonal basis as needed. .We do not propose to deed restrict the historic professor house. Cnv.nrprr : 1 JA L SPA ACES be!ieves that the proposal fits the l'purpose" of the SPA designation because it is a unique parcel in the heart of Aspen which offers benefits to the entire community. ACES sen,pes ps a wild and natural place in the middle of dense private uses and active public Lises. \CRS also senes as a public educational center and as a unique area for locals and visitors. h is open to the public for scenic and educational activities, SECTION 26.80.040 Development in a Special Planned Area (SPA). 12 A. Overview of Development Review. Any development Within a special planned ni-on (SPA) shall be reviewed pursuant to the procedures and standards in this section and Common Procedures. Chapter 26.52. The procedure requires review :ind :ioproval of a conceptual development plan and final development plan by the commission Lind city council with public hearings occurring at the time of conceptuai development plan review by City Council and final development plan review bv the Planning Commission. A development application for SPA designation shall be reviewed and considered concurrently with a development '1111,14Â·ation for a conceptual development plan, and shall require public hearings to he k.,cld li>' both the Commission and City Council. An applicant may request and the phinning director may determine that because of the limited extent ofthe issues involved int lie proposed SPA in relation to these review procedures and standardi or because of a significant conimunity interest which the project would sein'e. it hs appropriate to consolidate conceptual and final development plan review The planning director shall consider whether the full four step review ~vow!d be redundant and serve not public purpose and inform the applicant during T!.le ive-Application stage of whether consolidation will be permitted. An Anrucation which is determined to be eligible for consolidation shall be processed pur<uiint to the tel-ms and procedures of final development plan review. The commission or the City Council may, during review, determine that the application show.!d be subject to both conceptual and final plan review, in which case concolidated review shall not occur. RESPONSE: This is an application for approval of a conceptual/final development propÂ°-qu I{-ihe staft: commission and Citv Council feel that we can combine conceptual and M.,1 :Â·rorouils because the proposal is minor in nature, we will amend this application and pr,vid'.Â· Ildditional information upon request if necessary. - R. :-2,Â·' ''Â·3.Â·. vt:111(!nrds for development in :in SPA. In the review ofadevelopment ::uptÂ·:ltion for a conceptual development plan and a final development plan, the Conunission and City Council shall consider the following: \Vhether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk. architecture, landscaping and open space. RESPONSE: Tile proposal enhances the overall function of ACES and minimizes the footprint of:he development on the parcel. The proposal also re-opens and rehabilitates the 11102(10.,irea on the parcel. For years a portion of the parcel was neglected and used for PHr!<ing. The proposal will provide a sniall campus atmosphere. The houses will be used as de!11(,nstrations of different types of energy conservation techniques and resource eflicient ninterial Lise for affordable housing design. I 3 \Vhether sufficient public facilities and roads exist io service the proposed develooment. RESPONSE: No new roads will be required for the development. Utilities are either in place or:are in close proximity to the parcel 3. \Vhether the parcel proposed for development is generally suitable for development considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. RESPONSE: The area proposed fordevelopinent is virtually flat. Very few small trees will nÂ·red to he removed for the developinent. At one time over 52 small homes sat in this area u hicli was called the Lakeview .Addition. We propose to rehab and maintain the proftÂ·:snt- holiKe. in its current location as an example ofthe history of the property and A.Kiler !11 29'10!'31. \1+liether the proposed development creatively employs land planning teclinic'liles to preserve significant view planes, avoid adverse environmental Hnpacis and provide open space, trails and similar amenities for the users of the proiect and the public at large. RES?over. T lie proposal was thoughtfullv designed to use a minimum amount of land aron. . ,-Â· :ts little vegetation as possible and provide pathways for Lise of the public to enter Cie .1./RS property while enjoying a rehabilitated meadow area rich in habitat for \'R!-!01!h bird Â·:Relies. \\'bethel- the proposed development is in compliance with the Aspen Area Comprehensive Plan. RES 20>...S K: The proposal is in compliance with the A.ACP. It siipports the concept of atTordÂ·:hle heÂ·using zi'liile maintaining ACES as an area of open space in the community. \Vhether the proposed development will require the expenditure of exces.give piiblic funds to provide public facilities for the parcel, or the surrolindine neiuhborhood. RICS.IÂ·'2:\F..: No public funds are being requested for the proposal. All development will be fir..nnced :hrouy!1 pnvate donations. 7 11'hether proposed development on slopes in excess of twenty (20) percent meet tlie slope reduction and density requirements of Section 26.84.030(B)(2)(b). 14 T?rfilf-\:p.,c-Â· No ><lopes of 20% or greater occur on the area proposed for development. R \Khether there are sufficient GMOS allotments for the proposed (levelopmenr. The burden shall rest upon an applicant to demonstrate the general reasonableness and suitability of the proposed development, and its conformity to the standards and nrocedures of this chapter and section; provided, however, that in the review oft.!ie Conceptual development plan, consideration will be given only to the uener:4 concept for the development, while during the review ofthe final development plan, detailed evaluation of the specific aspects of the development win he accomplished. RES. DONS!Â·i: ACES is requesting exemption from GMQS for two new structures which will contain 2 total of 2 (one bedroom units) and 3 (studio units). These will be fully restricted toi :iffordable housing guidelines and shall be rented to ACES employees, SECNON 36.980.050(C) Conceptual development plan. 1 Cnipqits of Applic:ition. The contends of the development fora conceptual dÂ·Â·r Â·. Â·Â·inilient plan shall include the following: 1 Th/2 general application information required in Common Procedures, Rection 26.52 030 RESPONEI: See 26.52.030 for general information. .Â·\ conceptiial description of the pi-oposed development. This shall include, hut not be Mmited to, a statement ofthe intent of the proposed development and a conceptual description of proposed Iand uses, densities, design concepts, access ways, and a general time schedule for construction ofthe proposed development. RESPONSE: See the Introduction and Maps for description of the proposal. The proposed tine sched,ilÂ·e for development is to raise funds after this application is comp]ete anc] anproved. \Ve anticipate that new construction would not begin until the Spring of 1997. Tile goal is to hire one contractor to build both structures at the same time thereby allon hz Â® minimal disturbance of the area. The remodel of the professor's houseis R~PLNPi'' Ill P'- TOSS. \ guitement outlining in conceptual terms how the proposed development ni!1 be son:ed with the appropriate public facilities and how assurances will l 5 be macie that those public facilities are available to serve the proposed development. D r Or) n vo 1\ 6-,Ja i /7 >K: See the attached letters which assul-e that water, sewer and electricity are availabie lo the site. d. A conceptual site plan, illustrating: ( 1) existing natural and man-made Features, (2) general configuration of proposed land uses, access ways, and existing and proposed utilities. and (3) schematic drawings of proposed buildings. indicating general site design features and overall mass and height of proposed structures. RESPONSE: The site plan includes: 1 Existing and man macie features. Proposed land us.es, access drives and trails and the location of existing and proposed utilities. and .. The site plan indicates the building envelopes ofthe structures. The final architecture for- the structures has not been completed, however, the mass :ind scale of the structures has been determined by the ACES trustees not to exceed the following: Structure 2 shall not exceed a 450 if. footprint and 1,000 s. f. of total floor area. Structure 3 shall exceed a 800 s.f footprint or exceed 1000 s. t. of total floor area only by extra footage resulting from straw bale walls or passive solar space: \dditional preliminary design commitments that ACES makes in this 'iplilication are as foliows: Structure two shall not exceed the 28 feet in height above natural grade. Structure 3 shall be a one story straw bale structure with less than 300 feet of second story area. 7 Eff~ec: o!':ipproval of conceptual development plan. Approval ofa conceptual development plan shall not constitute final approval for development in an SPA, or pei-iii:ssion to proceed with development. Such approval shall only constitute alit.!rri:'.Rtion to proceed with a development application for a final development plan. I 6 Ron)NSE. .-\.CES proposes to provide as much information as necessary to proceed thi-(11)Â·t-'1 coll'~Clittial .ind final approval of the development plan as quickly as possib]e. 17 NES *402/,W &46Â»vit- 11(U L b.1 4 6 id L 1 6,12'./fiti v"u NORTH STREET COMMERCIAL PROJECT '4 r..i rÂ·,1 S 790 1 IE . 2 (75.90') ~ 167.22' 75.90' 55.08 r, O ASPEN CENTER FOR -0 6 t:Â·r -WEST 1/4 CORNER ENVIRONMENTAL STUDI E S SECTION 7 '- 01 i. j TOWNSHIP 10 50UTH o BOOK 457 PAGE 661 0 RANGE 84 wEST CZU.--WEST 1/4 CORNER 6 4 OF THÂ£ 6,h P.M. SECTION 7 N 4 1 TOWNSHIP 10 SOUT}{ m 61 - RANGE 84 WEST, 68 PM.- 40 0 i. 0 9! 1-1 7 ; iii \6. 0 0 0 0 0 / $ U \4Â· W Eli I r Nfl. S Er 01 ./1 \64 0 r-1 9- \6 Â» 03 u 0 / -- - - 6. N 680 - -~\#4 4 0 6-9 Â· - 9 01 - L - -- 28'22"w --- -- 150.17"__ - 6 ,3 r 0 . e. 08 4 ,- â‚¬ -2 Xii 19 z 0 - - - - C N..6.1.23- 67.. rul - - 0 1 L orb 2-1. - 87055'29"W N89'19'2 4 0 e Â· CL. 0, 0-J . 0 /0 r) - 7- Dj g~STORAGE ~< O G. /51 4 4.2.2...,- N 79'il' V,-4-4-7311 --- 'CONTROL POINT _' f~ 0 10 21 1.,1 - K,ATER LINE , EASEMENT Â£\ SHED \1 - 1 0 --- .-4 i . I - NI L CONTROL POINT - + N J. O - 0) b -4 -- - IN 01 N - PAEPCKE IN BOOK 581 PAGE 885 0 0 . Â£ Uj \01 I.' 0, - 1 , b ASPEN CENTER FOR ENVIRONMENTAL STUDIES - 1 BOOK 502 PAGE 245 ~ LOT 3 LOT 2 LOT I BLOCK 4 BOOK 341 PAGE 374 CITY OF 1 BOOK 443 PAGE 9 7 7 80OK 448 1 9- (75 903 150-16' 75.08 0 4 -- L/'1 - N Lk. - 579~ i E ' 2 -,IT' a... 4'.:Â·':.2;h ~2--ifIA'i.-;42*tUM...U Â£ ~ 4 u i. [Â· T ,Â£9-222 Z V LIHIHXH . 9. P\92% Buildiyy Rymik- List of Building Permit History Ltw-Y CO - Professor House - signed in the brown application CO - Treehouse - not signed in the brown application 8-698 - Move garden shed - expired/void 1998-7185 design radiant floor heat expired/void 6-578 2nd - house to be demolished expired / void (this house was demolished) 1-513 - signed CO for bedroom addition to SFD, add window 1084-7422 - bedroom and bath on SFD 7-411 - Straw bale house, 2 units, CO not signed 12098 - lawn to pole barn 1988 Note in the file stating CO's are waiting for final plat recording, Contact James Peterson 925-6024,925- 7796 90-1134 - enclose area for office space CO 11987 - Signed CO for main ACES Building 3-8720 - 1988 replacing ACES wiring, main building 1-11987, 12663 - 1988 - Replacing ACES Center 87-11666, 7477 - Birdhouse CO signed 81-3841 - CO for moving dwelling unit onto foundation (Director's house) 81-3842 remodel structure for dwelling 9 '4 List of Building Permit History CO - Professor House - signed in the brown application CO - Treehouse - not signed in the brown application 8-698 - Move garden shed - expired/void 1998-7185 design radiant floor heat expired/void 6-578 2nd - house to be demolished expired / void (this house was demolished) 1-513 - signed CO for bedroom addition to SFD, add window 1084-7422 - bedroom and bath on SFD 7-411 - Straw bale house, 2 units, CO not signed 12098 - lawn to pole barn 1988 *lote in the file stating CO's are waiting for final plat recordin* Contact James Peterson 925-6024,925- 7796 90-1134-enclose area for office space CO 11987 - Signed CO for main ACES Building 3-8720 - 1988 replacing ACES wiring, main building 1-11987, 12663 - 1988 - Replacing ACES Center 87-11666, 7477 - Birdhouse CO signed 81-3841 - CO for moving dwelling unit onto foundation (Director's house) 81-3842 remodel structure for dwelling Parcel Detail ACE kieisw IMb Page 1 Qf 2 A Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R014763 273707301851 29.317 Owner Name and Address CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 Legal Description SUB:LAKEVIEW ADDITION BLK:5 LOT:1 DESC: JENNY ADAIR PARK AND THE UNPLATTED PORTION OF BLOCK 5 LAKEVIEW ADDITION PLUS THE NORTHERLY 1/2 OF NORTH ST BETWEEN D&ROW RR ROW AND N ASPEN ST Location Physical Address: ASPEN Subdivision: LAKEVIEW ADDITION Land Acres: 1.09 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value ~ http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R014763 6/17/2008 Parcel Detail Page 2 of 2 , Land: 500,000 145,000 Improvements: 0 0 Total: 500,000 145,000 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind l Buildings: No Building Records Found Tax Information No Tax Records Found Top of Page Assesser Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Sgflware. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber==R014763 6/17/2008 Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R013950 273707300801 29.317 Owner Name and Address ASPEN CENTER FOR ENVIRONMENTAL STUDIES 100 PUPPY SMITH ST ASPEN, CO 81611 Legal Description DESC: HALLAM LAKE NATURE PRESERVE Location Physical Address: 100 PUPPY SMITH ST ASPEN Subdivision: Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 2,850,000 826,500 Improvements: 791,400 229,510 Total: 3,641,400 1,056,010 Sale Date: ~ http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R013950 6/17/2008 Parcel Detail Page 2 of 3 A Sale Price: Basic Building Characteristics Number of Residential 2 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 1,088 2ND FLOOR: 1,088 Total Heated Area: 2,176 Property Class: EXEMPT-CHARITABLE-IMPS Actual Year Built: 1492 Effective Year Built: 1970 Bedrooms: 0 Baths: 1 Quality of Construction: GOOD T 12 Exterior Wall: WD SID AVE Interior Wall: BASE Floor: BASE Heat Type: BASE Heating Fuel: BASE Roof Cover: CEDAR SHAK Roof Structure: GABLE/HIP Neighborhood: CITY OF ASPEN EXEMPT Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R013950 6/17/2008 Parcel Detail Page 3 of 3 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R013950 6/17/2008 Parcel Detail Page 1 of 2 Pitkin County Assessor/Treasurer Parcel Detail Information AssessoUTreasurer Property Search 1 Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Lâ‚¬trtd Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R014762 273707303851 29.317 Owner Name and Address CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 Legal Description SUB:LAKEVIEW ADDITION BLK:4 LOT: 1 - LOT:3 DESC: NEXT TO A.C.E.S. Location Physical Address: PUPPY SMITH ST ASPEN Subdivision: LAKEVIEW ADDITION Land Acres: 0 Land Sq Ft: 6,000 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 1,000,000 290,000 Improvements: 70,000 20,300 Total: 1,070,000 310,300 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R014762 6/17/2008 Parcel Detail Page 2 0 f 2 Sale Date: ~ Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to.warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R014762 6/17/2008 ArcIMS Viewer Page 1 of 1 r~ .*/4-0.7. 7.4..UU ,â€ž7334*flfÂ¢~4-7 --=----4~69Â» '17:<:C:Ii'ffilifi~;'it-:i'3%33<4227Â»5~R'30/// / . 9 ///77/mRÂ»ni Rcaing Fork' Rive' / ..e434*' / ,/V ..iji/li..' : --: .- N //lil /tz -I1 1j p FrAD -1 AÂ«/ / ' --1-1/1zl j 1 Fâ‚¬'4 p 8%3~~ li, Il /V- 4.: 2... fa , i r, 23*:wy . I. 1 ~1 J- 14.1 1 j i l l i , i â€ži' / 7 / -79\1D>- ru=nan Nand Â¢0-inm f-79// ,* PU BSi~5~~5~~ ' La),84,80% Addilicm ' / ill *ESA /~ ~ R I , -- /-19'-24-5-67547 1 Li;ES~1~ 25./.I Aspen. PUPPy SMIT R-6 22 1 0<gâ‚¬V//~ / .1 p*- f./ fliBBSEE'Al<.3&ii/23293 /f? U ./ , , *i>\ 4, Â£ 7, â‚¬Â·f SCI 14 - Ma; cre,xd Â·w h A-rN S Cog,Â·7*~! bC ; 1992 3)13 :ESR1 h 91CeÂ»/ 1,0 ,00'~P~.5 . -e.CL, 18â€¢*1 , -,46 8551 , http://205.170.5 1.230/website/aspenzone/MapFrame.htm 6/17/2008 ArcIMS Viewer Page 1 of 1 . .}r -~ r 93> 17011\ 1. M 11 41' Â» f , ,&4441~1 11'lili 'el -Wl/12. , 91/1-,n' 9>2---- C DUCQ LN - r :.f~Â¢~~~:~-4 33..4 Â·c, \ / r-/1 >~*~GILLESPIEAGE112&~Â·Â¢& .lcipÂ« i 1 '44Â¤ il I /1-f E /=LLS.40/th . 1 1. 4 in 2421 12%1 {pwr==Â·' 0~ 3 , mi ~&ljj~b~~IMirm hz,bleKY#pgjlaÂ·tn l.al<e< 21125<*PUD ~ 4.- 0,~0~ -34:i:~, 72~j Â· Â¥rve' fmc:.Â·95rN 34~ESA97*3411. , ~62%Â«0*-i Rce,ing Fork Riwir , 64=-4 feted,6, Â·71 A*â€¢23;1.rt.JAEÂ»-2> ....7 *24.0Â»&Â£ MU394*%71 Q.T,30%,~59 r- .flmÂ» -4 74/% / 1/ Â¥h , / I Â¥'1Â·1 .V ITRZEL 163,1;Z~77-4 http://205.170.5 1.230/website/aspenzone/MapFrame.htm 6/17/2008 Errin Evans From: Jennifer Phelan Sent: Friday, May 30,2008 9:47 AM To: Errin Evans Subject: FW: ACES--Hallam Lake SPA Approvals from 1997 Jeit,niAr PhelaÂ« Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.cofn From: Chris Bendon Sent: Wednesday, March 12, 2008 9:23 AM To: Thomas Todd Cc: Virginia Newton; Tom Cardamone; Jennifer Phelan Subject: RE: ACES--Hallam Lake SPA Approvals from 1997 Tom: I remember that this was a total mess and that there are some property boundary issues that need to be cleaned up. Jennifer will need to assign this case to one of our planners. Expect her to get back to you sometime next week. Cheers, Chris Bendon, AICP From: Thomas Todd [mailto:TTodd@hollandhart.com] Sent: Tuesday, March 11, 2008 4:08 PM To: Chris Bendon Cc: Virginia Newton; Tom Cardamone Subject: ACES--Hallam Lake SPA Approvals from 1997 Dear Chris: I have been asked by ACES to work on getting the Hallam Lake SPA mapping records formalized and completed. I understand that Virginia Newton from ACES visited with you last year, and she was tasked with locating copies of the SPA maps that should have been recorded at some point following the 1997 ACES SPA approval ordinance (Ordinance No. 6, Series of 1997). It is my understanding from Virginia that neither the Community Development office nor the Building Department have much in the way of file materials on this matter, although it is Tom Cardamone's recollection that all these materials were delivered to the appropriate City officials at or about the time building permits were issued and work commenced on the Strawbale House and the Treehouse (ACES's two on site employee housing buildings that were constructed pursuant to Ordinance 6, Series of 1997). To make a long story short, I now have collected from different sources copies of the SPA map, which includes Alpine Survey's legal description, certificates and signature blocks, a scaled development plan, an improvement survey and existing conditions, as well as Al Beyer Design, Inc.'s Staff Housing Site Plan, Strawbale House elevations and Treehouse Elevations. When it's convenient for you, I'd like to visit with you to discuss how best to properly formalize the records for this matter. 1 Thanks, Tom Todd Thomas J. Todd Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, CO 81611 Phone (970) 925-3476 Fax (970) 925-9367 Mobile (970) 393-3778 E-mail: ttodd@hollandhart.com HOLLAND&HART ~ CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. 1 0 0 fo 0/ 2 . Errin Evans From: Jennifer Phelan Sent: Thursday, May 29, 2008 4:11 PM To: Errin Evans Subject: FW: ACES--Hallam Lake SPA Approvals from 1997 Je,uniAr Phe,104 Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Thomas Todd [mailto:TTodd@hollandhart.com] Sent: Wednesday, March 12, 2008 10:26 AM To: Chris Bendon Cc: Virginia Newton; Tom Cardamone; Jennifer Phelan Subject: RE: ACES--Hallam Lake SPA Approvals from 1997 Thanks Chris. I will look forward to hearing from Jennifer sometime next week. Best regards, Tom Todd From: Chris Bendon [mailto:chrisb@ci.aspen.co.us] Sent: Wednesday, March 12,2008 9:23 AM To: Thomas Todd Cc: Virginia Newton; Tom Cardamone; Jennifer Phelan Subject: RE: ACES--Hallam Lake SPA Approvals from 1997 Tom: I remember that this was a total mess and that there are some property boundary issues that need to be cleaned up. Jennifer will need to assign this case to one of our planners. Expect her to get back to you sometime next week. Cheers, Chris Bendon, AICP From: Thomas Todd [mailto:TTodd@hollandhart.com] Sent: Tuesday, March 11, 2008 4:08 PM 1 To: Chris Bendon Cc: Virginia Newton; Tom Cardamone Subject: ACES--Hallam Lake SPA Approvals from 1997 Dear Chris: I have been asked by ACES to work on getting the Hallam Lake SPA mapping records formalized and completed. I understand that Virginia Newton from ACES visited with you last year, and she was tasked with locating copies of the SPA maps that should have been recorded at some point following the 1997 ACES SPA approval ordinance (Ordinance No. 6, Series of 1997). It is my understanding from Virginia that neither the Community Development office nor the Building Department have much in the way of file materials on this matter, although it is Tom Cardamone's recollection that all these materials were delivered to the appropriate City officials at or about the time building permits were issued and work commenced on the Strawbale House and the Treehouse (ACES's two on site employee housing buildings that were constructed pursuant to Ordinance 6, Series of 1997). To make a long story short, I now have collected from different sources copies of the SPA map, which includes Alpine Survey's legal description, certificates and signature blocks, a scaled development plan, an improvement survey and existing conditions, as well as Al Beyer Design, Inc.'s Staff Housing Site Plan, Strawbale House elevations and Treehouse Elevations. When it's convenient for you, I'd like to visit with you to discuss how best to properly formalize the records for this matter. Thanks, Tom Todd Thomas J. Todd Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, CO 81611 Phone (970) 925-3476 Fax (970) 925-9367 Mobile (970) 393-3778 E-mail: ttodd@hollandhart.com HOLLAND& HART ~ 1, 0 . Vâ€¢ (aUT Wi I dI~~~ 2 CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. 3 Errin Evans From: Jennifer Phelan Sent: Thursday, May 29, 2008 4:13 PM To: Errin Evans Subject: FW: ACES/Hallam Lake SPA Site Plan Je*nifer Ph,eloure, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH. 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Thomas Todd [mailto:TTodd@hollandhart.com] Sent: Wednesday, April 23, 2008 8: 16 AM To: Jennifer Phelan Cc: tcardamone@aspennature.org Subject: Re: ACES/Hallam Lake SPA Site Plan Thanks Jennifer. I wish we could avoid all the hearing stuff but if we must we must. Ilook forward to working with you on this, ----- Original Message ----- From: Jennifer Phelan <jenniferp@ci.aspen.co.us> To: Thomas Todd Sent: Tue Apr 22 16:03:29 2008 Subject: RE: My Contact Info Tom: 1 sat down with the attorney with regard to the original ACES approval and we need to go to P&Z and council since the ordinance (No.6, Series of 1997) originally approving Aces requires it. Sorry. P&Z is pretty booked and I have penciled ACES in for the first meeting in September but ifthings open up 1 wi ll let you know, In the mean time 1 wil l follow-up on what you provided me so that we are prepared in advance for going to the commission and council. Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 1 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Thomas Todd [mailto:TTodd@hollandhart.coml Sent: Friday, March 28,2008 2:25 PM To: Jennifer Phelan Subject: My Contact Info Jennifer, thanks for spending time with me this afternoon. I look forward to your working with you. Here's my contact info. Sincerely, Tom Todd Thomas J. Todd Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, CO 81611 Phone (970) 925-3476 Fax (970) 925-9367 Mobile (970) 393-3778 E-mail: ttodd@hollandhart.com <http://www.hollandhart.com/> CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. 2 Errin Evans From: Jennifer Phelan Sent: Thursday, May 29, 2008 4:13 PM To: Errin Evans Subject: FW: My Contact Info Attachments: image001.gif Jewl,nifer PhelaÂ« Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Thomas Todd [mailto:TTodd@hollandhart.com] Sent: Friday, March 28,2008 2:25 PM To: Jennifer Phelan Subject: My Contact Info Jennifer, thanks for spending time with me this afternoon. I look forward to your working with you. Here's my contact info. Sincerely, Tom Todd Thomas J. Todd Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, CO 81611 Phone (970) 925-3476 Fax (970) 925-9367 Mobile (970) 393-3778 E-mail: ttodd@hollandhart.com HOLLAND&HART ~ CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error then please delete this e-mail. Thank you. 1 HOLLAND &HART ~ Thomas J.Todd [970] 925-3476 Fax: [970] 925-9367 Mobile: [9701393-3778 ttodd@hollandhart.com 600 E Main Street Suite 104 Aspen/CO 8161 1, www.hollandhart.com Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole I . Salt Lake City Santa Fe Washington D.C. - O