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HomeMy WebLinkAboutordinance.council.023-11 RECEPTION#: 587514, 03/16/2012 at 11:39:26 AM, 1 OF 57, R $291.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 23 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH MUSIC ASSOCIATES OF ASPEN DATED NOVEMBER 14, 1983, AND THE WATER SERVICE AGREEMENT AMONG THE CITY, MUSIC ASSOCIATES OF ASPEN, AND ASPEN COUNTRY DAY SCHOOL DATED MARCH 14 1994, FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS. WHEREAS, City Council entered into a Water Service Agreement with Music Associates of Aspen, a Colorado non-profit corporation("MAA"), for provision of City treated water service to their property located in Pitkin County, Colorado ("MAA Property"); and WHEREAS, the Aspen Country Day School, a Colorado nonprofit corporation ("ACDS") has operated school facilities located on portions of the MAA Property pursuant a lease agreement with MAA dated August 25, 1992, and is provided water pursuant to a second Water Service Agreement dated March 14, 1994, between the City and ACDS and MAA; and ti ,ry WHEREAS, the 1983 Water Service Agreement and the 1994 Water Service Agreement are referred to collectively in this Ordinance as the "MAA Water Service Agreements"; and WHEREAS, in 2008, MAA received Pitkin County's approval of a Master Plan for its campus, which provides for demolition of many of the existing buildings on the MAA Property, and construction of new facilities to accommodate the continued use of the campus for educational purposes; and WHEREAS, the construction contemplated by the Master Plan will require construction and installation of new mains, service lines and other water system infrastructure, as well as expanded municipal water service for the MAA Property; and WHEREAS, the Master Plan also contemplates upgrades, improvements and changes to the City's Castle Creek Water Plant, including an emergency fire pump connection to the City's Highlands Tank; and WHEREAS, such upgrades, improvements and changes to the City's Castle Creek Water Plant and the emergency fire pump connection to the City's Highlands Tank are to be made at MAA's expense; and WHEREAS, MAA acknowledges that notwithstanding the upgrades, improvements and changes to the City's Castle Creek Water Treatment Plant and the emergency fire pump connection to the City's Highlands Tank, MAA will also be responsible for additional fire protection measures for the MAA Property in order to meet the requirements of the Aspen Fire Protection District; and WHEREAS, MAA wishes to obtain expanded municipal water service from the City to serve the planned improvements described in the Master Plan, all as provided in the proposed Amendment to Water Service Agreements; and WHEREAS, ACDS concurs with the Amendment, the water system improvements and expansion of water service sought by MAA; and WHEREAS, City staff have determined that the proposed infrastructure improvements and expanded water service requested by MAA, if provided in accordance with the proposed Amendment to Water Service Agreements, comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, which permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time); and WHEREAS, the City Council has had an opportunity to review with City staff the terms and conditions of the proposed infrastructure improvements and expanded water service requested by MAA, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed Amendment to Water Service Agreements, authorizing additional water system infrastructure and improvements, and expanded water service to MAA, all as described in the Amendment to Water Service Agreements, is in the best interest of the City, and complies with requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, and the City Council approves the Amendment to Water Service Agreements attached hereto and incorporated herein by reference. Section 2. 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 ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. 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 4. A public hearing on the ordinance shall be held on the 22 day of August, 2011, 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 8 day of August 2011 i chael C. Ire nd, Mayor f.. ATTEST: Kathryn S. Ko , City Clerk FINALLY, adopted, passed and approved this 22 day of August, 2011. �j. Michael C. Ire and, Mayo ATT . ST: j�� / /,/ Kathryn Koc City Clerk Final 08182011 CITY OF ASPEN AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY This Amendment to Water Service Agreements ( "Amendment ") is entered into this day of , 2011, in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City "), Music Associates of Aspen, Inc., a Colorado nonprofit corporation ( "MAA ") located at 2 Music School Road, Aspen, Colorado 81611, and is intended to amend two existing water service agreements between and among the parties, as set forth herein. WITNESSETH WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Amendment is entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions. WHEREAS, MAA is the owner of certain real property (the "Subject Property ") described as LOT 1 -A AS SHOWN AND DESCRIBED IN THE EXEMPTION PLAT OF LOT I -A AND DESCRIBED IN THE EXEMPTION PLAT OF LOT A -A, M.A.A. FILING NO. 1 (A REPLAT OF LOT 1. M.A.A. FILING NO. 1) ALSO KNOWN AS THE ASPEN MUSIC SCHOOL CAMPUS, AS SHOWN AND DESCRIBED IN THE PLAT MAP RECORDED AUGUST 31. 1978 IN PLAT BOOK 6 AT PAGE 148 UNDER RECEPTION NO. 206913, AND THAT PORTION OF THE BISHOP/M.A.A. LOT LINE ADJUSTMENT PLAT SHOWN AS THE TRANSFER PARCEL, RECORDED IN PLAT BOOK 90 AT PAGE 35, RECEPTION NO. 556085, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE N88 °39' I5 "W, 395.24 FEET ALONG THE SOUTHERLY LINE OF SAID SE 'A, SE '/ OF SECTION 14 TO THE SOUTHEAST CORNER OF LOT 2. AMENDED FINAL PLAT OF M.A.A. INC. FILING 1 AS RECORDED IN PLAT BOOK 4, PAGE 466, PITKIN COUNTY RECORDS: THENCE DEPARTING SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF SAID LOT 2 THE FOLLOWING FIVE (5) COURSES: 1) NO2 °01'48 "W, 157.90 FEET, 2) N31°53'12 448.14 FEET, 3) N48 °01'34 "W, 347.38 FEET, 4) N78 °21 "48 "W, 110.00 FEET, 5) N41 °44'14 "W, 183.37 FEET TO THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD. 30 FEET FROM THE CENTERLINE OF SAID ROAD AS IT CURRENTLY EXISTS: THENCE ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE THE FOLLOWING FOUR (4) COURSES AND CURVE: 1) N64 °51'54 "E, 131.13 FEET, 2) 70.44 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 °27' 10 ", A RADIUS OF 300.00 FEET AND A LONG CHORD WHICH BEARS N58 °08'19 "E, 70.28 FEET 3) N51 °24'44 "E, 390.59 FEET. 4) N48 °13'23 "E, 131.53 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 2, SECTION 14; THENCE ALONG SAID NORTHERLY LINE 589 °12'22 "E, 75.57 FEET TO THE EASTERLY LINE OF SAID SECTION 14: THENCE ALONG SAID EASTERLY LINE N00 °13'20 "E, 66.26 FEET TO SAID SOUTH EASTERLY RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE THE FOLLOWING SEVEN (7) COURSES AND CURVE: 1) N48 °59'51 "E, 225.68 FEET. 2) N45 °05'30 "E, 152.90.3) N47 °19'02 "E, 152.08 FEET, 4) N44 °39'05 "E, 150.85 FEET, 5) N44 °29'15 "E, 126.07 FEET, 6) 182.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 °40'59 ", A RADIUS OF 980 FEET AND A LONG CHORD WHICH BEARS N39 °08'46 "E, 182.46 FEET, 7) N33 °48'16 "E, 45.87 FEET: THENCE DEPARTING SAID SOUTHEASTERLY RIGHT -OF -WAY LINE S42 °01'48 "E 278.39 FEET TO THE INTERSECTION WITH THE 4 -5 LINE OF SAID BEATRICE PLACER; THENCE PARTIALLY ALONG SAID 4 -5 LINE 527 °15'51 "W, 362.98 FEET THENCE DEPARTING SAID 4 -5 LINE AND ALONG THE SAID TRANSFER PARCEL THE FOLLOWING NINE (9) COURSES: 1) S40 °29'37 "E, 798.19 FEET TO CORNER #1 OF SAID BONANZA PLACER, 2) S00 °13'54 "W, 529.05 FEET TO CORNER #I6 OF SAID BONANZA PLACER, 3) N89 °59'27 "E, 5.31 FEET TO CORNER #15 OF SAID BONANZA PLACER, 4) S85 °07' 16 "W, 36.85 FEET ALONG THE 15 -14 LINE OF SAID BONANZA PLACER, 5) DEPARTING SAID 1 Final 08182011 15 -14 LINE N43 °25'26 "W, 632.46 FEET, 6) S80 °19'07 "W, 22033 FEET. 7) S22 °52'52 "W. 161.75 FEET, 8) S32 °15'24 "W, 271.26 FEET, 9) S71 °20'21 "W, 395.47 FEET TO A POINT ON THE EASTERLY LINE OF SECTION 14; THENCE ALONG SAID EASTERLY LINE S00 °13'20 "W, 412.89 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 38.48 ACRES, MORE OR LESS. (LEGAL DESCRIPTION CREATED BY SCHMUESER GORDON MEYER). and WHEREAS, the Subject Property comprises approximately 38.48 acres; and WHEREAS, MAA receives water service from the City pursuant to a Water Service Agreement dated November 14, 1983, recorded with the Pitkin County Clerk & Recorder at Book 465, pages 294 -302 ( "MAA Agreement "); and WHEREAS, the water delivered pursuant to the MAA Agreement is used on the Subject Property by the Aspen Music Festival and School ( "AMFS ") WHEREAS, pursuant a lease agreement with MAA dated August 25, 1992, the Aspen Country Day School, a Colorado nonprofit corporation ( "ACDS ") operates school facilities located on portions of the Subject Property, and receives water service from the City pursuant to a Water Service Agreement dated March 14, 1994, between the City and ACDS and MAA, which agreement is recorded with the Pitkin County Recorder at Reception No. 550180 ( "ACDS Agreement "); and WHEREAS, the MAA Agreement and ACDS Agreement, as amended by this Amendment, are collectively referred to herein as the "Music School Water Service Agreements" and WHEREAS, City water service provided pursuant to the Music School Water Service Agreements is delivered to the Subject Property by means of an 8 -inch water line that delivers water from the clear well at the City's Castle Creek water treatment plant; and WHEREAS, the existing 8 -inch water line, as well as the hydrants and other water system infrastructure located within the Subject Property have been conveyed to the City, and are owned, operated, maintained, repaired and replaced by the City, and service connections within the Subject Property are owned, operated, maintained, repaired and replaced by MAA; and WHEREAS, on May 14, 2008, MAA received Pitkin County's approval of a Master Plan for the renovated AMFS campus on the Subject Property; and WHEREAS, Pitkin County Board of County Commissioner's Resolution No. 050 -2008, recorded at Reception No. 550330 with the Pitkin County Clerk & Recorder on June 18, 2008, is attached as Exhibit A, and provides for demolition of many of the existing buildings on the Subject Property, and construction of new facilities to accommodate the continued use of the campus for educational purposes; and WHEREAS, the construction contemplated by the Master Plan will require construction and installation of new mains, service lines and other water system infrastructure as shown on Exhibit B ( "Water System Improvements "); and WHEREAS, MAA wishes to obtain expanded municipal water service from the City to serve the planned improvements described in the Master Plan; and 2 Final 08182011 WHEREAS, the Subject Property is located outside the corporate limits of the City; and WHEREAS, the City has determined that this Amendment is necessary to comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, which permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time); and WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, MAA has submitted its Application for Water Service Extension (the "Application ") and has paid all fees required in connection with the Application. The Application, and all attachments, addenda and exhibits thereto have been relied upon by the City in authorizing this Amendment; and WHEREAS, the City has approved the Application, and is willing to continue to provide water service to the Subject Property on the terms and conditions of the Music School Water Service Agreements as amended by this Amendment, THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and MAA further agree as follows: 1. Demolition and Construction on Subject Property. The Master Plan provides for demolition of several of the older buildings on the Subject Property, remodeling of others, and construction of new facilities. Planned construction includes a new school, three ensemble halls, additional class room space, practice rooms, and a new administration/cafeteria building. The existing Castle Creek Building will be renovated and expanded. These planned improvements will be constructed in multiple phases. Related improvements to the water systems for the Property will be phased as follows: a. Preliminary water system improvements to be completed by the City: Prior to the commencement of MAA's first phase of development, assuming all financial and security contingencies are timely satisfied by MAA, the City will design and construct, at MAA's expense, upgrades, improvements and changes at the City's Castle Creek Water Plant, including: (1) a connection to the City's Highlands Tank in order to improve water flow rate and pressure in both the existing 8 -inch line that now serves the Subject Property and a new, looped 8" main to be constructed on the Subject Property by MAA during its subsequent development of the Property; (2) installation of an emergency fire pump station to supplement flows in the event of large system demand during an emergency event on the Subject Property;' and (3) backflow and cross - connection prevention at the connection to the Highlands Tank and/or fire pump station to guard against any risk of cross- contamination arising from other water sources on the Property. The City's improvements shall commence as soon as and contingent upon MAA's advance payment to the City of the costs of such improvements, or MAA's advance provision of financial assurances acceptable to the City Attorney demonstrating MAA's ability to pay for such improvements. Preliminary design drawings for the connection to Highlands Tank and the emergency fire pump station are attached as Exhibit D. The Highlands Tank connection and the emergency fire pump station will be constructed substantially in accordance with these designs and plans. The emergency fire pump station is non - standard, and as designed is acceptable to MAA. 3 Final 08182011 b. Subsequent water system improvements by MAA. MAA shall install the following improvements on the Subject Property in such order as MAA deems appropriate in order to coordinate other construction on the Property, subject to the deadlines set forth in paragraph I.c below, and provided that MAA shall notify the City at least 90 days prior to construction of any planned phase so that the City may determine whether construction of such phase as proposed will compromise the then - existing City water system or the City's ability to deliver water to the Subject Property. Should the City determine that the proposed construction will compromise the then - existing City water system or the City's ability to deliver water to the Subject Property, the City will promptly notify MAA and MAA shall redesign or rework the proposed phase so that it will not compromise the then - existing City water system or the City's ability to deliver water to the Subject Property. MAA's water system improvements shall include construction of utility infrastructure on the northwest side of Castle Creek, and, in particular, a new fire hydrant to be located near the lower school building and a four inch domestic and fire service line to that building, installation of 790 linear feet of eight inch water main along Music School Road, a new fire hydrant to be located near the percussion building, a water service line to that building, installation of 155 linear feet of eight inch water main across Castle Creek, including a 65 foot creek crossing, a new irrigation tap, and related infrastructure and facilities; and on the southeast side of the creek, abandonment of a portion of the existing 8- inch transmission line and replacement with 965 linear feet of eight inch water main to complete a new 8 -inch looped line, and installation of two new fire hydrants, valves and service connections. In addition, on -site fire flow will be augmented by the installation of a new dry fire hydrant. This hydrant will draw water from the existing ponds (as reconfigured after construction), and will not be connected to the treated water system. The existing ponds will be reconfigured and utilized for fire protection, non - potable irrigation, and augmentation, as well as other aesthetic and recreational purposes, consistent with the requirements of any water court decrees obtained by MAA. c. Deadlines for water system improvements. The City shall use reasonable efforts to complete the Highlands interconnect and emergency fire pump station during the 2011 construction season, provided MAA has met all financial contingencies. MAA shall complete the new 8 -inch main water line and loop system no later than May 14, 2018. The parties anticipate that until the loop system is completed, there will be a temporary dead -end service line to Building 5. At its expense, MAA shall arrange and contract for flushing of said dead -end line annually, or more frequently, at the City's request. The contractor and plans for flushing (including scheduling thereof) shall be submitted to the City for approval before any flushing operation is undertaken. All other water system improvements required to be performed by MAA shall be completed prior to occupancy and use of any new or renovated buildings to be served by such infrastructure. In entering into this Amendment, the City has relied on the timely installation of the new 8 -inch looped water line. Should MAA request to change the schedule for completion of the above - described water system improvements, a further amendment of the Music School Water Service Agreements will be required. 2. Water Service During Construction. Until completion of the new 8 -inch looped water line in the interior of campus, the City will continue to deliver water to MAA and ACDS via the existing 8 -inch water line, as provided in the MAA Agreement and the ACDS Agreement, in the amounts historically provided pursuant to the MAA Agreement and the ACDS Agreement. The parties agree that this water will be used for continued operation of existing facilities on the Subject Property during construction, and for construction water needs during construction. The parties anticipate that the treated water requirements for the Subject Property during construction will not exceed the City's historic average deliveries to the Property, provided, however that for purposes of this paragraph, deliveries of treated water for temporary irrigation as described in paragraph 16, will not be 4 Final 08182011 included in the determination of the treated water requirements for the Subject Property during construction. In addition to the amounts of water supplied as described in the preceding paragraph, the City will also deliver water to new and renovated buildings as provided in this paragraph. As buildings are completed, prior to occupancy of the same, and upon payment by MAA of all required payments for the Highlands Interconnect and emergency fire pump station, and all other applicable review, inspection, tap and other fees due and owing to the City upon completion of any building or other water tap connection, allowable water service levels to the Subject Property shall incrementally increase according to the additional ECU count associated with connection and operation of each new building or other facility served. Upon completion of redevelopment of the Subject Property, and payment by MAA of all applicable review, inspection, tap fees and other fees due and owing to the City at the time of completion, the number of additional ECUs to be served is estimated to be 24.26 ECUs (for a total of 70.97 ECUs for all campus buildings combined plus 8.0 ECUs for permanent outdoor irrigation, or a total maximum water service obligation of 78.97 ECUs). This number is subject to final verification when all Master Plan improvements have been completed, but shall not be increased without further amendment of the Music School Water Service Agreements. If MAA wishes to make permanent the temporary irrigation tap described in paragraph 16, the Music School Water Service Agreements must be amended. The City does not guarantee that the City Council will approve any requested amendment to the Music School Water Service Agreements to provide service to additional ECUs, and nothing in this Amendment shall be construed to authorize any additional non - temporary water service commitment in excess of 78.97 ECUs. 3. Water Service upon Completion of Construction of All Phases. The City will be the sole provider of treated water to the Subject Property, provided, however, that the City shall not be required to supply water to serve more than a total of 78.97 ECUs to serve all of the treated water uses on the Subject Property, and further provided, that the maximum volume of treated water the City shall be required to provide to the Subject Property pursuant to the Music School Water Service Agreements shall not exceed 30.96 acre -feet per year. Only those structures and uses approved in the Master Plan for the Subject Property may be served by treated City water under this Amendment. MAA acknowledges and agrees that the Aspen Fire Protection District has required a flow rate of 1500 gallons per minute (g.p.m.) for fire suppression and firefighting, and that the proposed infrastructure improvements to the Castle Creek Water Treatment Plant and the Highlands Tank, including the emergency fire pump station, are expected to allow fire flow deliveries of about two - thirds of the flow rate required by the Aspen Fire Protection District. MAA further acknowledges and agrees that it will be responsible for providing, at its expense, additional sources of water to meet the fire flow and fire protection requirements of the Aspen Fire Protection District as provided in paragraph 5 below. The parties agree that the City's obligation to provide treated water service does not require it to provide flows and pressures greater than those that will be provided by the emergency fire pump station. 4. Limitation of Time to Provide Expanded Water Service. The City's obligation to provide expanded water service pursuant to the Master Plan shall terminate if MAA has not completed construction of the new 8 -inch looped water main and the additional, upgraded or upsized water transmission and distribution mains, lines, and related facilities described on Exhibit B to serve all phases of construction by May 14, 2018, unless completion of construction is delayed by force majeure, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented completion of construction. If such construction is not completed by the deadline provided for in this paragraph, the City will provide water service to the Subject Property in the amounts and for the uses it has historically provided water pursuant to the original Music School Water Service Agreements (without this Amendment) plus such amounts as may be required to serve the facilities /buildings that MAA constructs prior to said 5 Final 08182011 deadlines and for which all payments are made as provided in paragraph 2, but the City will have no obligation to provide any expanded water service pursuant to this Amendment to facilities /buildings not completed by such deadline unless the City, in its discretion, determines in writing to grant an extension of such deadline. 5. Design and Construction of Mains, Lines and Facilities. MAA will design and construct the new, upsized and /or upgraded water transmission and distribution mains, lines, associated facilities and internal service or distribution lines described in the Master Plan, in accordance with and subject to the 2011 Water Distribution System Standards published by the City of Aspen Water Department, and the City's prior approval, at MAA's own expense; provided, however, that to the extent the City desires any mains, lines or facilities with capacities larger than necessary to meet the needs of the project as approved in the Master Plan, the City will be responsible for the incremental cost of such enlarged or additional mains or facilities. "Incremental cost" shall be defined as the difference between the total cost of a particular facility designed and constructed solely to meet the needs of the project as approved in the Master Plan, and the total cost of such facility as enlarged at the City's request. As described above, the City will design and construct, at MAA's expense, upgrades, improvements and changes at the City's Castle Creek Water Plant, including a connection to the City's Highlands Tank and the emergency fire pump station connected to the clear well substantially in accordance with the preliminary design drawings attached as Exhibit D in order to improve water flow rate and pressure in both the existing 8 -inch line that now serves the Subject Property and the new 8 -inch line that will be installed upon the Subject Property by MAA. These improvements shall be made by a contractor retained by the City after a competitive bidding process. The City shall provide copies of all bids received to MAA. MAA acknowledges that the City is not obligated to accept the lowest bid, and may accept the bid that it reasonably believes is best for the City, considering other factors such as the City's experience with the contractors and subcontractors. MAA acknowledges and agrees that the new infrastructure and City improvements described in this paragraph 5 are expected to meet approximately two - thirds of the Aspen Fire Protection District's required flow rate (1500 g.p.m.) and pressures for fire suppression and firefighting. At its sole expense, MAA will develop, construct and maintain the remaining fire flow requirements from non - potable sources and supplies acceptable to the Aspen Fire Protection District. MAA anticipates that water stored in the ponds on the Subject Property will be made available for fire protection uses. MAA will seek appropriate water court decrees for such uses. MAA acknowledges that if it is unable to provide sufficient fire flow protection acceptable to the Aspen Fire Protection District, MAA may have to revise its plans for the Subject Property, and MAA further acknowledges that the City shall have no obligation to assure that fire flows available from the treated water supplies provided by the City to the Subject Property are sufficient to meet the requirements of the Aspen Fire Protection District, or to provide any additional fire flow protection beyond the flow rates and pressures that will be provided to the Subject Property following the City's upgrades and improvements to the Castle Creek Water Treatment Plant, the connection to the Highlands Tank and the emergency fire pump station, and that the City may participate as it deems appropriate in any water court or administrative proceedings by MAA. 6. Preconstruction Exhibits. The following exhibits concerning the Master Plan improvements have been prepared by MAA and have been reviewed and relied upon by the City in entering into this Amendment, and shall not be substantially modified without the City's agreement: Exhibit A: Master Plan as approved by Pitkin County. 6 Final 08182011 Exhibit B: General description of the improvements authorized by the Master Plan, including any additional, upsized, expanded or upgraded facilities, and including any preliminary or final design drawings that are available as of the date of this Amendment. Exhibit C: Estimated gross water requirement (gpd) and maximum water flow requirements for in- building water use in the structures and facilities approved by the Master Plan at full development (including water requirements for any existing uses that will be continued upon completion of the new construction), and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. Exhibit D: Fire flow provisions, including location, size and description of fire flow storage to serve the Subject Property, and preliminary design drawings of the Highlands Tank interconnect and emergency fire pump system. Exhibit E: Description of general location of additional easements to be conveyed to the City. Exhibit F: Other circumstances, if any, affecting the cost or type of construction required for the water mains, lines and associated facilities to be constructed pursuant to this Amendment. Exhibit G: Map of areas to be irrigated with City treated water. Exhibit H: Memorandum of Understanding between MAA and City regarding mitigation requirements for affordable housing. 7. Final Plans; Preconstruction Meeting. The City has approved conceptual plans for the additional, upsized and /or upgraded water mains, lines and facilities for the Subject Property. Final plans have not yet been prepared. Such final plans and specifications must be prepared by MAA and approved by the City for each proposed phase of construction no later than 90 days before MAA plans to commence construction of any improvement phase, provided, however, that the final plans and specifications for the Highlands Tank interconnect and emergency fire pump system have been prepared by the City at MAA's expense. All water system design submittals shall conform to the 2011 City of Aspen Water Department Water Distribution System Standards. Once approved for each phase of construction, no substantial changes shall be made to the approved final plans and specifications without the City's prior written approval. MAA shall contact the City Water Department at least ten (10) working days prior to commencement of construction of each phase to arrange a preconstruction meeting between representatives of the Water Department, the Water Department's inspector, and MAA's engineer and contractor to review the final plans and any minor modifications thereto, to discuss construction scheduling, the deposit in advance of the City's construction inspection fee, and any other matters that the parties deem necessary. MAA's Colorado- licensed, registered professional engineer shall inspect and certify the design and installation of all water system mains, lines and facilities to be constructed pursuant to this Amendment. 8. Bond, Warranties and Inspection Costs. Prior to commencement of construction of each phase, MAA shall obtain or obtain from its contractor one or more performance and completion bonds naming the City as a third -party beneficiary thereof, in the amount of 110% of the water system construction costs for that phase, (including those incremental costs, if any, for enlarged or additional facilities requested by the City as provided in paragraph 5, the portion of the bonding attributable to such incremental costs to be reimbursed by the City). Such bonds shall 7 Final 08182011 be in form acceptable to the City Attorney and shall ensure completion of and payment for the construction, and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water transmission and distribution mains, interconnecting mains (loop system), lines and associated facilities, or for the provision of materials therefor. MAA shall assign to the City all warranties from materialmen and suppliers which warrant the water system improvements constructed by MAA free and clear of defects for a period of two (2) years from the date of completion of construction of each phase of the redevelopment project. In addition, MAA shall obtain and assign to the City (in form approved by the City Attorney) a maintenance or warranty bond, or other security as may be acceptable to the City, equal to 10% of the water service system construction costs for the phase that is constructed, (including those incremental costs for enlarged or additional facilities to be borne by the City, the portion of bonding attributable to such incremental costs to be reimbursed by the City), ensuring the proper condition and operation of such water service system for a period of two (2) years from the date of acceptance by the City. Upon request by the City, MAA shall timely furnish additional security as may be requested to secure 110% of a professional engineer's estimate of the cost of completion of the 8 -inch looped water main described above in Paragraph 4, to the extent that such is not already secured pursuant to a performance and /or completion bonds as provided above. Such additional security may be in the form of a cash deposit, letter of credit, bond, first priority lien upon real property, or other such form as may be acceptable to the City. The parties recognize that proper operation of the completed system depends upon proper completion, operation and interaction of all phases, and that some construction defects may not become known until the entire system has been completed and is operational. Therefore, upon completion by MAA and acceptance by the City of the new 8 -inch looped water main and the additional, upgraded or upsized water transmission and distribution mains, lines and related facilities described on Exhibit B, MAA shall warrant the materials, construction and operation of the entire system, including any portions thereof completed by MAA and accepted by the City during prior phases of construction, for a period of two years, during which period MAA shall be solely responsible for all costs associated with any changes or repairs that may be required during such time period. No additional bond or security shall be required in connection with this warranty. 9. Water Rights. The parties acknowledge that in 1983 MAA conveyed certain water rights to the City pursuant to the MAA Agreement in exchange for the City's original commitment to provide water service to up to 36.5 ECUs. Subsequently, in 1994, the City did not require a water right dedication or payment in lieu thereof in connection with the ACDS Agreement which allowed for an additional 9.0 ECUs of water service. The City and MAA have since determined that no decreed water rights were actually conveyed to the City by MAA in 1983, although some undecreed storage rights may have been conveyed. The undecreed rights, if any, conveyed to the City were not committed to public use. Upon execution of this Agreement, the City will quitclaim to MAA all the water rights that MAA conveyed to the City in the Deed dated November 14, 1983, and recorded in the Office of the Pitkin County Clerk & Recorder on April 25, 1984 in Book 465 on Page 286, including all water rights or claims associated with existing ponds on the MAA property, provided, however, that the City will expressly reserve any interest it the water rights decreed to the Castle Creek Flume, the Midland Flume, and the Castle Creek, Holden, Marolt, and Si Johnson Ditches. In exchange for this reconveyance, and in consideration of the raw water lease described below in Paragraph 16, MAA will make a payment in lieu of water right dedication to the City in the amount of $600.00 per ECU, for a total of $47,382 for the project's anticipated 78.97 ECUs. The entire payment in lieu of water right dedication must be paid in full at the time the first Utility Connection Permit is issued in connection with a building permit, and before any delivery of water will be made to any new or renovated buildings or facilities. MAA shall independently pursue the adjudication of water rights and a plan for augmentation that provides for the use of water from Castle Creek, adjacent 8 Final 08182011 springs or the ponds for replacement of pond evaporation, irrigation and other non - potable uses, and acknowledges that the City may participate in such adjudication if and to the extent it deems appropriate to protect its water rights. 10. Construction. Upon completion of the prerequisites described in paragraphs 3 through 9 above, MAA shall proceed with construction of the water transmission and distribution mains, lines and associated facilities (both new and upgraded) in accordance with the plans and specifications and the construction schedule to be approved by the City for each phase of construction. No construction shall occur between November 1 and April 1 without written approval of the City Water Department. An automated meter reading system shall be installed for meters within the Subject Property. 11. Fees. MAA shall timely pay all fees imposed by the City in connection with reviewing and approving this Amendment, and reviewing and approving the design drawings and construction plans for each phase, as well as construction inspection fees for each phase. An advance deposit for construction inspection fees for each phase shall be required at the preconstruction meeting for such phase as described in paragraph 7 above. MAA shall also be responsible for timely acquiring and paying for all permits and permit fees necessary for construction of the mains, lines and associated facilities for each phase. 12. Inspection of Construction. Construction must be inspected by the City Water Department or its agent prior to burial or final installation. MAA shall give the City reasonable advance notice when the mains, lines and /or associated facilities are ready for burial or installation, and the City shall inspect said mains, lines and /or associated facilities within two business days of such notice. MAA shall timely pay all construction inspection fees. 13. Easements. MAA shall obtain at its own cost and convey in perpetuity to the City as- built non - exclusive easements, in form acceptable to the City Attorney, for the new 8 -inch and fl- inch water lines, as well as tanks and other water facilities, along with all necessary access easements for maintenance and repair purposes ( "easements "). Water lines and sewer lines will be located in relation to each other as required by the City's water system standards, which require, with limited exceptions, that water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and that (1) sewer lines must be located at least ten (10) feet from any water main or line (except as may be otherwise approved by the City after review of final plans and specifications for a particular phase), and (2) other utilities must be located at least five (5) feet away from any water main or line. Each party shall be solely responsible for any injury or damages, including costs and attorney fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. The parties recognize that a portion of the existing 8 -inch water line and other water system infrastructure will be abandoned as new construction is completed, and the City will relinquish and reconvey to MAA any easements on the Subject Property for water system infrastructure that is abandoned upon completion of construction and acceptance of new water system infrastructure. 14. Testing - Conveyance - As -Built Drawings. Upon completion of construction of each phase and before any additional water is delivered pursuant to this Amendment, all water lines and facilities (both new and existing) shall be tested and, upon approval by the City, accepted by the City for operation and maintenance (excluding individual service lines), along with all necessary non - exclusive easements to the City. Performance and completion bonds provided by MAA pursuant to paragraph 8 above shall be adjusted to reflect the final actual construction costs of each phase. The maintenance or warranty bond required by paragraph 8 above must be in place and must be based on the actual construction costs prior to the City's acceptance of any 9 Final 08182011 main, line or facility for operation and maintenance. As -built drawings of the water system (new and existing components) and all other utilities shall be provided to the City in the form required by the 2011 City of Aspen Water Department Water Distribution System Standards. Upon acceptance of the final phase of construction by the City, MAA will convey the entire water distribution system, and related components to the City, free and clear of all liens and encumbrances, by deed or bill of sale, as applicable, in form acceptable to the City Attorney. 15. Treated Water Service. Upon completion of construction and acceptance by the City of each phase of the new or upgraded water distribution and transmission mains, lines, associated facilities and easements constructed pursuant to the Master Plan and this Amendment, the City will provide treated water service to the Subject Property to no more than the total number of ECUs provided for by the final approved design drawings for that phase, provided, that the total number of ECUs for all phases shall not exceed 78.97 ECUs, and further provided, that the maximum volume of water the City shall be required to supply each year shall not exceed the amount (in acre -feet) set forth in paragraph 3 above. Any change in the treated water service requirements for the Subject Property (including any request by MAA to make permanent the temporary irrigation water supplies described in paragraph 16 below) will require approval by the City (which is not guaranteed), and amendment of the Music School Water Service Agreements. The treated water to be delivered by the City pursuant to the terms of the Music School Water Service Agreements as amended by this Amendment may be used for all lawful in- building municipal purposes and for fire protection, swimming pools and normal and reasonable outside irrigation of trees, lawns and gardens. Irrigation using treated water delivered pursuant to the Music School Water Service Agreements as amended by this Amendment shall be by drip or sprinkler irrigation means, and no more than 20,000 square feet within the Subject Property may be irrigated using treated water. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, (Series of 1993), as amended), and water conservation ordinances. Exhibit G attached hereto delineates the areas to be irrigated with treated water and areas to be irrigated with untreated water. MAA shall assure that no cross connection is permitted between the City's treated water system and the untreated irrigation system. 16. MAA Water Rights and Additional Temporary Water Service. MAA will apply to the Water Court for approval of storage and ground water rights for reconfigured ponds on the MAA property, which rights may be used either directly or after storage in MAA's ponds for fire protection, irrigation and other non- consumptive purposes, such as aesthetic, piscatorial or recreational use. MAA also intends to request an augmentation plan that would allow replacement of any out -of- priority depletions to Castle Creek or the Roaring Fork River system due to these uses or pond evaporation. The City has agreed to quitclaim to MAA the water rights described in the quitclaim deed dated November 14, 1983, recorded April 25, 1984, at Book 455, Page 286 (reserving, however, all interest in the Castle Creek Flume, the Midland Flume, and the Castle Creek, Holden, Marolt and Si Johnson Ditches), and MAA will quitclaim to the City any interest it may have in any water rights owned by the City that are tributary to Castle Creek, including but not limited to the Castle Creek Flume, the Midland Flume, the Castle Creek Ditch, the Holden Ditch, the Marolt Ditch and the Si Johnson Ditch. For a period of time not to exceed five years from the date of execution of this Amendment by all parties, the City will provide certain temporary treated water supplies to MAA to be used for irrigation as required during construction, because raw water supplies from MAA's own water rights are expected to be interrupted during construction. 10 Final 08182011 Such additional temporary irrigation water supply will be provided by installation of a temporary irrigation tap that will provide up to 8 ECUs for treated water irrigation of approximately 20,000 square feet of lawns and gardens. This temporary treated water irrigation supply is separate and apart from the long -term treated water irrigation supply, also 8 ECUs, that is provided for in paragraph 2 of this Amendment. No tap fees will be assessed for said temporary irrigation tap, provided, however, that MAA shall be responsible for the City's hookup charges. Water shall be provided to MAA from the temporary irrigation tap at the City's applicable first -tier water rate (currently $1.61 per thousand gallons) and pumping costs of $1.09 per thousand gallons. Said rates are subject to change if and to the extent the City's first -tier water rates and/or pumping cost charged to all of its customers are changed during the five -year term of this temporary irrigation water supply agreement. If, during the course of the five -year term of this temporary water supply agreement, MAA wishes to make such supply permanent, MAA shall seek an amendment of the MAA Water Service Agreements and, if such amendment is approved by the Aspen City Council, MAA pay all applicable tap fees and well system development fees associated with said treated water irrigation tap. Unless an amendment to the MAA Water Service Agreements has been finalized and all applicable tap fees and well system development fees have been paid, MAA, at its cost and under the supervision of the City water department, shall disconnect the temporary irrigation tap upon expiration of the five -year term. If the temporary irrigation tap has not been made permanent or disconnected by November 1, 2016, the City may undertake disconnection and MAA will be responsible for all costs associated with the City's disconnection of the treated water irrigation tap. At any time during the five -year period during which this temporary irrigation water supply provided, the City may, at its sole discretion, elect to provide such temporary irrigation water supply from untreated water sources, at a rate not to exceed 0.50 c.f.s., at the City's then - applicable standard raw water irrigation charge. MAA acknowledges that the City does not have any obligation to do so, and does not expect to do so, in light of the City's available water rights, and its own plans and needs for use of its water rights and water system infrastructure, both treated water system infrastructure and raw water system infrastructure. The City's agreement to provide water on a temporary basis pursuant to this paragraph may be terminated by the City in the event of MAA's breach of the MAA Water Service Agreements (including this Amendment), whereupon MAA shall have no further rights to such temporary water supply, nor any claim for damages or loss occasioned by termination of such supply. 17. Tap Fees and System Development Charges - Computation and Payment; Scheduling of Taps. MAA shall pay tap fees and well system development fees for all ECUs associated with the project, but shall be entitled to a credit in accordance with City Water Department practice for tap fees that have been credited in the past for structures on the property. Tap fee credits provided to MAA are described in the following paragraph. All additional tap fees for treated water service herein provided shall be assessed utilizing the City's prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee, well system development fee, and any applicable hookup charges. Tap fees and hookup charges which have not been paid or credited as provided in this paragraph 17 shall be paid at the time of building permit issuance, or, if a structure already exists, prior to delivery of water to that structure by the City. The City Water Department shall determine scheduling of all physical taps or connections to the main lines. Well system development fees shall be paid as set forth below. The parties acknowledge that, pursuant to paragraphs 4 and 7 of the MAA Agreement, in exchange for the City's initial commitment to provide water service to the Subject Property and extend an 8" water line from the City water treatment plant to the MAA campus, MAA executed a non - interest bearing promissory note dated November 14, 1983 in the amount of $78,900, 11 Fina108182011 reflecting said hook -up charges and tap fees (the "Note "), said amount to be amortized over a 50- year repayment period with principal payments of $1578 per year considered satisfied so long as MAA continued to operate a Music School upon the MAA property. The Note was recorded with the Pitkin County Recorder April 25, 1984, at Book 465, Page 279. At this time, it has been 27 years since this payment arrangement was agreed to, and the amount of principal remaining due on the note is $36,294.00. The applicable system connection (tap) fee in 2011 for the MAA property is $4925 per ECU. The parties agree that tap fees have been credited for one -half of the 36.5 ECUs provided for in the MAA Agreement (18.25 ECUs), whereas fees for the other 18.25 ECUs remain outstanding. In addition, MAA is entitled to credit against tap fees owed in the amount actually paid for the 9.0 ECUs pursuant to the ACDS Water Service Agreement. MAA shall therefore be considered to have already paid for water service levels up to 27.25 ECUs. The parties hereby agree that MAA shall pay tap fees for up to 51.72 ECUs as to which payment has not been made or credited (78.97 ECUs level less 27.25 ECUs for prior service levels paid for or credited equals 51.72 ECUs). Contemporaneously with execution of this Amendment by the last signing party, t, MAA shall pay to the City tap fees in the amount of $89,881.25 for the 18.25 ECUs presently served by the City but for which payment has not been made or credited. Upon payment of said $89,881.25, tap fees will have been paid or credited for a total of 45.5 ECUs. The promissory note will be canceled. The total number of ECUs to be served pursuant to the MAA Water Service Agreements (as amended by this Amendment) is 78.97. Therefore, when payment has been made or credited for 45.5 ECUs as provided in this paragraph, MAA will be required to pay tap fees for only the remaining 33.47 ECUs authorized by this Amendment. MAA shall pay the City the tap fees for such remaining 33.47 ECUs at the time of application for building permits, as follows: At the time MAA applies for a building permit for any structure requiring additional ECUs above the existing 45.5 ECUs, MAA shall pay the tap fee, at the then - applicable rate, for the number of ECUs to be served by the building for which the permit is sought. MAA shall pay the tap fee associated with its treated water irrigation system prior to use of said treated water irrigation system. In addition to tap fees required herein, MAA shall also pay to the City a well system development charge in the amount of $13,388.00 ($400 per ECU for potential additional water service to up to 33.47 additional ECUs above historical maximum service levels of 45.5 ECUs pursuant to the Music School Water Service Agreements). This total well system development charge for the Master Plan project must be paid in full at the time the first Utility Connection Permit is issued in connection with a building permit, and before any delivery of water will be made to any phase of the Master Plan project. 18. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of MAA. MAA acknowledges that service lines presently existing on the Subject Property may not meet the City's standards, nor have acceptable meters, cross - connection or backflow prevention devices, and that said service lines will be replaced at MAA's cost, if necessary as part of the Master Plan project to meet the City's standards, and meters, cross - connection and backflow prevention devices acceptable to the City will be installed at MAA's expense. Prior to commencement of any construction, the City will inspect the existing service lines and meters and will determine the extent to which replacement may be necessary. 19. Limitations on Provision of Water Service. The Music School Water Service Agreements as amended by this Amendment are only for the supply of treated water service as herein described, and temporary lease of untreated water as provided in paragraph 16, and no expansion of uses, connections, or water service beyond those set forth in the Music School Water Service Agreements (including Addenda and Exhibits) as amended by this Amendment, is in any way authorized by this Amendment. The City is not by this Amendment prejudging, 12 Final 08182011 certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Amendment be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided in the Music School Water Service Agreements and this Amendment. 20. Rules Regarding Water Use. MAA agrees to adopt all provisions of the Music School Water Service Agreements as amended by this Amendment as rules and regulations governing the use of water on the Subject Property (including the portions leased by ACDS), and agrees that this Amendment and the Exhibits hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. MAA agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to the Subject Property pursuant to the Music School Water Service Agreements, as amended by this Amendment, including curtailment during times of shortage, elimination of any potential cross - connections, and the utilization of water conservation devices as set forth in the Code. MAA also agrees to prohibit all unnecessary or unreasonable waste of water on the Subject Property, and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of water shall be defined as set forth in the Code, or City water department regulations and policies. 21. Affordable Housing Mitigation. A specific condition of providing expanded water service to the AMFS as set forth herein is the agreement by the MAA to provide sufficient affordable housing to mitigate for additional employees generated by the expansion plans. The parties have executed a Memorandum of Understanding ( "MOU ") that sets forth the MAA's obligations to provide mitigation for affordable housing. Said MOU is appended hereto as Exhibit H and is incorporated herein as if fully set forth here. The parties agree that compliance with the MOU is a specific condition of the City's obligation to provide the expanded water service described herein. 22. Continuing Validity of MAA Agreement and ACDS Agreement. Except as amended or superseded by this Amendment, the MAA Agreement and the ACDS Agreement remain in full force and effect. The MAA Agreement and the ACDS Agreement, as amended by this Amendment, together constitute the Music School Water Service Agreements. 23. Compliance with Resolution No. 5 (Series of 1993). City Council Resolution No. 5 (Series of 1993), as amended by Resolution No. 49 (Series of 1993) and Resolution No. 9 (Series of 1996) set forth the City's policies concerning extraterritorial expansion of municipal water service. Among other things, the extension or expansion of municipal water service must be consistent with and further the goals of the Aspen Area Community Plan ( "AACP "). As a condition of receiving water service as provided in this Amendment, MAA is executing a separate memorandum of understanding with the City regarding affordable housing mitigation associated with redevelopment of the Subject Property. 24. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Amendment have been performed and that the persons signing for each party have been duly authorized to do so. 25. Counterparts. This Amendment may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. 13 Final 08182011 IN WITNESS WHEREOF, the parties have executed this Amendment the date and year first above written. THE CITY OF ASPEN, COLORADO ATTEST: a Municipal Corporation and ,p/ Home Rule City By s./ra.tl a -� f s � By I Sf I / �/ City Clerk Mayor APPROVED AS TO FORM: L _ . tee. A .t- y =tomey STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me 44 -Kt.0 , 204, by Michael Ireland, Mayor, City of Aspen, and . / , j i sj A o , "City Clerk of the City of Aspen. i 7 My commission expires V " n,{ v I / + id- 0 1 5 Witness my hand and official seal. W ir t edio - cy ,''''' N. y Public JACwE f �4 i l0m'A f p i F OF 14 A &C 07292011 v. 2 Music Asso fates of Aspen, Inc. B P,� -, Title Vt%f .,/ r Apo r cc STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me on September 8, 2011, by Alan Fletcher, President and Chief Executive Officer of Music Associates of Aspen, Inc. My commission expires t 21/41 /to/ Z . THOMA 1 ---- I-1 Hess S m ,1 TO y"F an3 cial seal. NOTARY PU BLIC ��fp� /f' STATE OF COLORADO Notary Public My Comm* -oi .3 12/13/2012 ACKNOWLEDGED, AGREED TO, AND APPROVED AS TO FORM AND CONTENT: Aspen Country Day School ATTEST: // By By , f. ,2.9 , Title: Title ; - . , J, r. . T STATE OF COLORADO ) ) ss. COUNTY OF r -Li i.. ) Y iL - I ` $ k { �owled g ed before me ll U '• . ._ , 201/, by3. Lee jps T(PSide. t , of Aspen Country Day Sch. I1 ;I . 1 y 1 as of Aspen Country Day School. My .. .� •• 'on expires `7 o ,n/L 10 .3-0 I )---- . yy .■Ee ... E<i�••.. I ie�s hk and official seal. N V.; 1 5 � PUBLIC ; f Notary Public My Commission Expires Mardi 10 2012 15 EXHIBIT A TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY RECEPTION#?: 550330, 06/18/2008 at 09:40:13 AM, 1 OF 12, R $0.00 'Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN MUSIC FESTIVAL AND SCHOOL FOR A PUBLIC - INSTITUTIONAL MASTER PLAN, SITE PLAN REVIEW AND GMQS EXEMPTION FOR CIVIC AND INSTITUTIONAL USES Resolution NoM' 0 .2008 RECITALS i. Aspen Music Festival and School ( "Applicant ") has applied to the Board of County Commissioners of Pitkln County, Colorado ( "BOCC ") requesting approval of a master plan for the campus that Is jointly used by the Aspen Music Festival and School (AMFS) and the Aspen Country Day School (ACDS). The Applicant proposes to demolish many of the existing buildings and to construct now facilities to accommodate the continued use of the campus by both organizations. The Applicant is requesting the following land use approvals: A. Rezoning from AR -l0 to P -I (Public and Institutional) B. P4 Master Plan for development of the proposed facilities C. OMQS Exemption for Civlo and Institutional Uses D. Site Plan Review E. Land Use Code Amendment 2, The property Is located at 2 Music School Road, off of Castle Creek Road, and is legally described as Lot 1 -A, M.A.A. Inc., Filing No. 1. (nretec /pasett4era eF ,Isms) 3. The property is zoned AR -10, contains 22.78 acres and is within the Urban Growth Boundary. 4. AMFS has operated on the campus since the 1960s, and ACDS became a tenant in 1969, "School" Is a special review use In the AR - 10 zone district, so prior changes, additions or expansions on the campus have occurred via special review approvals. The most recent County approval was granted pursuant to BOCC Resolution No. 93-161, which approved the Castle Creek Building. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly scheduled meetings on August 14, August 28, September 11, September 18, October 9, and November 6, 2007, and recommended approval by a vote of 3 -1. 6. The BOCC considered the proposed application at duly noticed public hearings on January 23, February 25 and 27, March 10 and 12, April 9, and May 14, 2008, 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code, Including Section 2-40-100, standards for P -1 master plans and 6-30-120, standards for a GMQS exemption for civic and institutional uses. 8. The BOCC flusher finds that the new buildings will avoid the 100 year floodplain and cocktail hazard areas; that the proposed "Variable Stream Setback Plan" complies with See. 7 -20.80 of the Code and that impacts on riparian areas can be mitigated; that impacts on wildlife can be mitigated; that the debris Row, moderate avalanche and wildfire hazards can be mitigated, and that the development generally complies with the Scenic View Protection criteria. RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 2 OF 12, Janice K. Von Caudill, Pitkin County, CO Resolution No00-2008 Page 2 9. The BOCC Anther finds that the proposed development on slopes in excess of 30°A is permitted pursuant to Sec. 7.20 - 20(00), Habitable Retaining Structures. 10. The BOCC Rinker finds that the Administration Building and Businoss Buildings aro eligible for designation to the Pitkin County Historic Register, and that it is acceptable to demolish the Music Hall and the Opera Hall, given their Ponctionel obsolescence and lack of adaptability and the lack of opportunity to relocate the buildings, NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby designates the Administration Building and the Business Building to the Pitkin County Historic Register. BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval of the Aspen Music Festival and School and Aspen Country Day School P -i Master Plan, Site Plan Review and OMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors In interest: 1. The Applicant shall adhere to all material representations made in rho current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any earthmoving, access, or building pennit applications, the Applicant shall bo required to submit for approval by the County Attorney and Community Development the revised Master Plan and Site Plans, The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. Tho Master Plan and Site Plans shall be amended as follows prior to submission: A. include the Variable Stream Setback Plan, which establishes the riparian areas to be protected or restored. Specify on the plan that no building and Its associated construction disturbance shall occur within 20' from the high water lino of Castle Creek, except existing buildings within the setback may be demolished, and access and utility extensions may occur within the 20' setback as shown on the Plan. Now utility lines shall be located no closer to the creek than existing utility lines. 13. Revise the Landscape Plan to eliminate berry producing species. C. Revise the Master Plan and the Landscape Plan to establish a minimum Tree caliper replacement ratio in excess of 0.2:1. D. Reflect the current and proposed enrollment and employment as revised in the memo dated 9/11/07. E. List "high school grades for ACDS" as a "ftrrther review" use. F. Specify which buildings aro "accessory" and, therefore, limited to 20' to the midpoint. 0. Specify that the Percussion Building and the four practice rooms closest to the Castle Creek Building may be occupied year- round, while the remaining practice rooms will only be occupied by tho Music School in the summer. H. identify oho location of the two -story practice rooms, if applicable. 1. Include tho Transportation Management Plan reviewed and approved by rho BOCC on 5/14/08, The Plan shall be revised to include submission of an annual status report to the County, for review by the Community Development Department, and an audit every S years by an independent consultant. 3. Concurrent with recordation of the Master Plan, the Applicant shall: RECEPTION#: 550330, 06/18/2008 at 09:40:13 M4, 3 OF 12, Janice X. Vos Caudill, Pitkin County, CO Resolution Hu076 •2008 Page 3 A. Record a covenant In a fonn acceptable to the County Attornoy in which the Applicant agrees to maintain the Administration Building and the Business Building In accordanco with the Secretary of the Interior's Standards for Rehabilitntion or the County's design guidelines for historically designated properties, once adopted by the BOCC. B. Executo and record a covenant or conservation easement prohibiting further development on the upper bench of the property. The document shall be approved by the County Attorney and shall allow for a public trail. C. Record an amended plat for Lot I -A and a trail easement for a trail alignment along Music School Road, across the lower bridge and connecting to the mining road that continuos above the campus, and continuing to roams a 10' wide pedestrian easement through and across the entire length of Lot l-A, with the exact location of such easement to bo determined In the future by Pilkin County. 4. The Applicant has agreed to make a voluntary contribution of 5250,000 to the County for construction of the trail along Castle Creek Road from the Moroi' Property to Music School Road. The contribution shall be made prior to commencement of construction of the trail. S. Prior to submission of any building permit applications, the Applicant shall conduct a thorough inspection of the existing sower system. Tho system shall be flushed and Inspected via video to identify low spots or other potential problems. inspections and flushing shall occur annually, and reports shall be submitted to the Environmental Health and Natural Resources Department. 6, Prior to submission of any building or other development permit applications for each of the following buildings — the Addition to the Administration Building, the Ensemble Buildings and the Lower School Building — the Applicant shall be required to submit for approval an application(s) for Scenic View Protection Review and demonstrate compile= with tho standards In Sec, 7- 20.120.d of the Code. Tho applioation(s) shall be rovlewed by staff and approved by the Community Development Director, The fbgade of Large Ensemble 112 that faces the Great Pond shall architecturally acknowledge and Incorporate certain characteristics of the Music Hall. 7. Prior to Issuance of permits to demolish any of the building associated with Fritz Benedict, including the Music Hail and Opera Hall, the Applicant shall Polly document the buildings, and the documentation shall be mimed and approved by the Historic Preservation Officer. Documentation sltall Include tine following: A, Digital photographs (4" x 6" minimum) at a minimum of 300dpi, which cover all elevations of each building to be demolished. Photos of any details of the building, which aro oharactoristic of Benedict's work or significant elements of the architecture. Photos of the interior of the Music Hall, including details of the roof framing system. Setting photos that describe the existing setting of the buildings and their relationship to the ponds and other buildings. All photos should be labelled with tho building mmno, photo dates, direction of camera, the state ID number SPT.848 and tho address of tho site. Photos should be saved as black and white images. Disk may contain both color and black and white. B. A site snap that includes all the Benedict buildings, with footprints to scale and labeled with the name of the building and date built, north arrow, roads labolcd, etc. (should relate to the photo names), The information shall be provided In printed form with photos, labels and map bound and should include a disk with digital copies of tho photos, labels and maps. RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 4 OF 12, • Janice K. Yoe Caudill, Pitkin County, CO Resolution Nora -2008 Page 4 8. At the time of submission (tithe first building permit application, the Applicant shall: A. Submit a construction phasing plan and an overall construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. The construction management plan shall be reviewed by the BOCC prior to issuance of the first building permit, B. Submit a County access /driveway permit application for all road improvements, parking areas and the two now bridges; the permit shall be reviewed and approved by the Aspen Fire Protection District and Planning Engineer, Tho road and parking Improvements shall bo built to current County Standards, as described in the Pitkin County Asset Management Plan ("AMP ") and the Land Use Code, except as follows: 1) No improvements to the entry intersection are required. 2) Whore retaining wall heights in excess of seven feet will create less impact to the vegetated slopes than walls that are stepped to remain less than seven feet high, wall heights in excess of seven feet will be allowed. All walls over 4' shall be engineered. 3) Minimum road widths of 16 feet of driving surface (that may Include gutters) will be allowed as per the site master plan, subject to approval of the Aspen Fire Marshal. 4) Minimum road width of 20 feet (that may include gutters) will be permitted for all other roads, subject to approval of the Aspen Fire Marshal. 5) 1' gutters may bo allowed, litho Applicant dentonsiratos that these gutters can meet the drainage capacity. 6) 23' is adequate for unobstructed backout space In the parking lots. 7) The AMP requires that roads within the Urban Orowth Boundary be constructed to the City's standards. The BOCC recognizes that these standards may not bo consistent with the character of the campus, and, therefore, authorizes the County Planning Engineer to vary those standards as appropriate to maintain adequate safety while ensuring that the improvements are consistent with the character of the campus. With the permit application, the Applicant shall provide a sign plan which clearly identifies automobile vs. pedestrian traffic. If an avalanche export determines that mitigation of the moderato avalanche hazard along the southeastern portion of the perimeter road is required, then a site specific mitigation plan shall bo included with the permit application; mitigation may not occur within the severe avalanche hazard area. C. Submit an oarthmoving permit application for improvements to the channel of Keno Gulch. Permission shall be provided from the property owner for all off -site Improvements. All improvements shall be completed prior to submission of any building permit applications for new buildings in Areas 1 and 2 as shown on Attachment A [Figure 1 of Exhibit #6 of tho Master Plan]. The permit application shall include engineered drawings of the existing and proposed conditions for the gulch to be used as a baseline for figure clearing and engineered'drawings for the box culvert that will direct any debris flow under the road. The pemnit application shall also address revegetation of disturbed areas. D. Submit a comprehensive Fugitive Dust Control Plan to the Environmental Health Department for review and approval. E. Submit a comprehensive drainage and erosion control plan for the entire campus for review and approval by the Planning Engineer, A stormwater permit from the State of Colorado shall be Included with the plan. Applicant must demonstrate that no adverse impacts to water quality will occur as a result of the proposed development. F. Work with the City of Aspen Water Department to ensure that the new water system has adequate pressure to meet all of the needs on campus and to determine if the water booster RECEPTXON8: 550330, 06/18/2008 at 09:40:13 AM, 5 OF 12, •Janice K. Vos Caudill, Pitkin County, CO Resolution No.00 .2008 Page 5 station is appropriately located. Plans for waterline work shall be submitted to the Water Department for review and approval, and shall comply with all applicable standards. Where lines are to be realigned, provide documentation as to whether a permit from the Anny Cor is required for placement of new sower lines. O. Submit a noxious weed management plan for review and approval by the County Land Manager. H. Submit a vegetation management plan for review and approval by the Community Development Department. The plan shall ensure that native and restored areas are protected from disturbance during and after construction. I. Submit a plan for management of the ponds prepared by a qualified entity for review and approval by the Environmental Health and Natural Resources Department. The plan shall Include good sanitation practices that reduce mosquito breeding sites, standing and/or stagnant water on the site, and the Applicant shall agree to pay for periodic testing, as required. 9. Prior to issuance of the first building permit, the Applicant shall: A. Pay the applicable employee housing Impact fee for 18 FTEs (projected Increase by ACDS based on master plan). The fee shall be based on the housing Impact foe in effect at the time of payment. B. Obtain approval from Environmental Health and Natural Resources for a PMIO mitigation plan that will fully mitigate or offset all PMIO increases caused by the proposed development. The plan shall ensure that mitigation will be Implemented prior to the issuance of Certificates of Occupancy for the new development. C. Submit a complete Emergency Response Plan for AMPS and ACDS as outlined In Attachment B for review and approval by the BOCC prior to permit issuance. The County's•Emergenoy Management Coordinator shall review and comment on the plan, prior to review by the BOCC. D. if the adjacent property owner grants permission, the Applicant shall conduct an Inspection of the Newman mine and tailings to identify If there Is any apparent danger to the students and staff on the campus. 10. At the time of submission of each building permit application, the Applicant shall: A. Submit a drainage and erosion control plan specific to the building site. B. Pay the applicable road Impact fee. C. Submit a tree removal and protection plan specific to the building site. D. Submit a landscape plan specific to the building site, showing all proposed tree mitigation, native grass revegetation and riparian mitigation. Landscaping shall be substantially consistent with the Landscape and Restoration Plan. Areas disturbed by constntetion shall be re- vegetated within ono growing season of the project's completion. 11. Prior to issuance of each building permit application, the Applicant shall pay the applicable fees for connection to the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rulos, regulations and specifications. An oil and sand separator shall be approved by the District for the maintenance facility. An oil and grease Interceptor shall be approved by the District for the cafeteria. 12. With the building permit application for the addition to the Administration Building, the Applicant shall provide a copy of Army Corps of Engineers penult to fill in the "swimming pond." 13. With the building pernit applicatlon(s) for the "habitable retaining structures," the Applicant shall submit a detailed slope stability analysis performed by a geotechnicnl engineer. RECEPTION": 550330, 06/18/2008 at 09 :40:13 AM, 6 OF 12, Janice K. Yoe Caudill, Pitkin County, CO Resafallon No.e.2008 Page 6 14, With the building permit application for Large Ensemble 113, which is within a moderate avalanche hazard area, the Applicant shall submit a report from an avalanche expert confirming whether mitigation is required. If structural mitigation is required, it shall be designed by a certified professional engineer licensed in the State of Colorado to withstand avalanche Impact forces. 15. The Applicant shall obtain a County Floodpialn Development Permit for any and all work within the floodplain. The application shall Identify any changes in flood elevations and what effects, if any, such changes will have on neighboring properties. 16. Earthmoving permits are required for pond improvements, utility extensions and /or relocations, and regrading not Included as part of a building permit application. For pond Improvements, the Applicant shall provide copies of the associated State and Army Corps permits. The littoral shelf In the pond shall be constructed for the enhancement of aquatic habitat in the ponds. Where sewer lines oral* ha realigned, the Applicant shall provide documentation as to whether a permit from the Army Corp Is required for placement of new sewer lines. 17. The cafeteria must go through a plan review process and be properly licensed by the Environmental Health and Natural Resources Department, 18, Prior to final Inspection for the practice rooms, the Applicant shall submit a report to tho Community Deve lopment Department from a County certified wildfire expert addressing whether wildfire defensible space mitigation is required on the slopes above the practice rooms, if mitigation is recommended and approved by the County, then the mitigation shall occur prior to issuance of Certificates of Occupancy. 19. Prior to implemental ion of the Master Man, the employee baseline for AMFS is set at 67 FTEs and the baseline for ACDS is set at 32.5 FTEs. An employee audit for both the AMFS and ACDS shall be completed every five years for the life of the institutions on the campus beginning two years after issuance of a Certificate of Occupancy for the first new building. The employee audits shall be completed at the expense of the AMFS and ACDS. The auditor shall be approved by the Aspen/Pitkin County Housing Authority staff. Any additional FTBs In excess of 50.5 for ACAS (32.5 FTE baseline plus 18 FTEs mitigated prior to issuance of first building permit) or 67 for AMES shall be mitigated based upon the housing Impact fee in effect at the time of payment and no later than one month from the date of the audit finding. All additional employees shall bo mitigated whether from the expanded development or via other services provided by either entity. 20. lithe adjacent property owner grants permission, the Improvements within Keno Gulch shall bo visually Inspected by an engineer or geologist on an animal basis, as well as after any debris flow event, to ensure That the improvements retain their Integrity to mitigate for debris flows. The annual report shall be submitted to the Community Development Department. 21, This Master Plan establishes the following dimensional standards for the campus: A. Variable stream setback as shown on the Site Plan. B. Road and yard setbacks as shown on the Site Plan. C, Height limit of 28', except as follows: 1) Building /11 (Administration Building) has an exxisting height of 36' to the peak of the roo( this height will not be exceeded with the renovation/remodel only building, RECEPTIONS: 550330, 06/18/2008 at 09:40:13 AM, 7 OF 12, Janice K. Vas Caudill, Pitkin County, CO Resolution ?kJf -2008 Page 7 2) Buttding 82 (Addition to Administration Building) Is allowed a height of up to 36' to the peak of the roof as calculated by the Land Use Code, with an additional 8' permitted to the top of the proposed skylight/architectural element; 1) Building Ss 8, 9 and 11 (Ensemble Buildings) and Building 1115 (Lower School) are allowed a height of up to 40' to the peak of tho roof as calculated by the Land Uso Code. D. Floor Area: Buildings shall be limited to the approximate sizes specified In the Master Plan, for a total of approximately 105,674 square feet of floor area on tho campus. 22, Prior to commencement of any oarthmnoving or construction activity, the Applicant shall stake the comers of the area to be disturbed and install construction fencing around the perimeter of this area. All disturbance shall occur within the Activity Envelope designated in the Master Plan. The fonoing shall remain in place until a Certificate of Occupancy Is Issued for the structure. 23. All signs and lighting shall comply with applicable regulations In the Land Use Code. 24. No development, Including manipulation of vegetation, shall occur outside of the approved activity envelope. 25. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch aro not permitted unless they comply with the following: 1) All roof coverings shall bo constructed of non - combustible materials and installed on a Class A roof assembly. 1) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roottInc, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. Water Supply for Piro Safety 1) The Applicant shall connect a dry hydrant to the Great Pond as required by the Aspen Piro Protection District. 2) In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new structures, except the practice rooms. C. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire nosh, with mesh one -fourth (A) inch maximums 3) Yards shall be kept clear of all litter, slash and flammable debris. RECEPTION #: 550330, 06/18/2008 at 09:40:13 AM, 8 OF 12, Janice K. Voa Caudill, Pitkin County, CO Resolution No00-2008 Page 8 4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 6) Swimming pools and ponds shall be accessible by the local fire district. 7) Fences shall be kept clear of brush and debris. 8) Wood fences shall not connect to other structures. 9) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 26, The Applicant shall comply with the following to mitigate impacts on wildlife: A. The Applicant shall substantially comply with the Riparian Mitigation/Restoration Plan Included in the Master Plan, which designates the riparian areas to be disturbed and the areas where restoration will occur. No other riparian or wetland areas shall be damaged or removed. B. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Man for silt fence standard). C. Fencing is prohibited outside of the Activity Envelope. A fence shall not be erected around the perimeter of the Activity Envelope. D. Native vegetation shall bo maintained outside the activity envelope, except where management Is necessary to reduce wildfire hazards. E. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during construction. A designated recycling area shall be provided. F. if the ponds are to be stocked with fish, the Applicant shall obtain a private lakes license and a fish stocking permit from the Division of Wildlife. O. Contractors and construction workers shall be prohibited from bringing dogs on -slte during construction. H. The "upper bench" of the property shall be restricted from use by staff, visitors and students from October 1 through July 1. 27. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 28. If the properly or the school use is transferred or conveyed to different ownership at any time, the use and structures shall remain entirely unchanged and in compliance with the master plan. If a change In ownership results In change to the use and/or structures, this master plan must be amended. 29. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Uso Code and Colorado Statutes, subject to Iho exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24-68-105. The statutory vested rights granted heroin shall expire on May 14, 2018, RECEPTIONS: 550330, 06/18/2008 at 09:40:13 AM, 9 OF 12, Janice K. Vos Caudill, Pitkin County, CO Rerolurton Nola I .2008 Page 9 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23" day of December, 2007. APPROVED AND ADOPTED on the 14'" day of May, 2008, after review at public hearings on January 23, February 25 and 27, March 10 and 12, April 9, and May 14, 2008, PUBLISHED AFTER ADOPTION F OR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on thoa of gamy, 2008. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By ack HaHield, C innen • OT: Jenne ones, Clerk tot /; BOCC APP OVED AS TO CO APPROVED AS TO FORM: • en oubon Joh, Community Development Director r • . • ttomoy P055.07 P10 271514401802 i RECEPTION0: 550330, 06/18/2008 at 09:40:13 AM, 10 OF 12, Janice K. Vos Caudill, Pitkin County, CO 4 -tfetz.41 mei-, I- A-- . .., , 1 . 1 • V\ . . t . s • . i , g 1 • i • , C.; .. 4, . . I 1 41 1\t" P P I 1.: pr - ' - ' - ' . .. 1 -../ . . 1 1" 1 i t 4 ! , 92.- , .. .. ,.. gr i me._ .... : / . .,,. r, I It 9 L. 0 : I , . '. • I 1 1 ji 0 .. y. i ..‘ P / -.: - . ' •''': # 1 I g 3llIl Id ) !r .-" V l .-i ' ; . i 11.1 L...t I :; ' 0 1 III • -4 . 1 . F ..t ' i l .. 0 i l l , • . , • ,„ ;. .,,,,pc,...„,,i• :,..„..... :••••., .., i ctie 1 ., • .. ,.:..-. i . - . f \., : ...: i , " 1 . • ., • wl • : --- -, "' 1 - 7 . 4.1 .; ... 1 , i 1 ,,,.. 4 ▪ ,:. 4 /;',''' ': .. ..) tr -n.. it y i ki .. ".0, H. 1 . t . t . . 1 , .. ' :... .: •:::;.• ..";" .,.:. hn= \ . A '. • ‘i 1 rAt":1 (1 ' t* . . p. ....!_,.., , , s k ,,, ?,:. . .. , , ,,, ,..„,„4„.,,,..„. ..... ;,.. , , , , i , . ....., ..„,,,,„„:„ _ 4,.., , #4.,7„,,,,..„.: 0,21, - 6 g ; 1)itr :: , ) _\, I 1 i i t I I I II ‘?. r , ti y' • ( ••,‘ ?: r+. ' : ' ' : ' • \ i 000117 RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 11 OF 12, Janice K. Vos Caudill, Pitkin County, CO ASPEN MUSIC FESTIVAL & SCHOOL /ASPEN COUNTRY DAY SCHOOL CASTLE CREEK CAMPUS EMERGENCY RESPONSE PLAN 1. introduction a. Emergency Contact Numbers b. External Communication and Notification of Emergency Responders • c. Roles and Responsibilities of Management Team /Personnel d. Internal Communication protocol during emergency 2. Types of Emergency - Natural Hazards a. Fire 1. Detection and alert 2. Evacuation procedure and posting of evacuation routes 3. Offslte evacuation protocol and location 4. Assigned responsibilities 5. Protocol for verifying headcount 6. Communication with Emergency responders 7. Drill and tabletop schedule b. Mudslide /Avalanche 1. Ongoing monitoring of physical landscape for potential hazard 2. Detection of actual event and alert 3. Evacuation procedure and posting of evacuation routes 4. Offslte evacuation protocol and location 5. Assigned responsibilities 6. Protocol for verifying headcount 7. Communication with Emergency responders 8. Drill and tabletop schedule c. Flood 1. Ongoing monitoring of Castle Creek for potential hazard 2. Detection of actual event and alert 3. Evacuation procedure and posting of evacuation routes 4. Offsite evacuation protocol and location 5. Assigned responsibilities 6. Protocol for verifying headcount 7. Communication with Emergency responders 8. Drill and tabletop schedule d. Gas /Chlorine Leak - Water Treatment facility 1. Detection of actual event and alert 2. Evacuation procedure and posting of evacuation routes 3. Offslte evacuation protocol and location 4. Assigned responsibilities 5. Protocol for verifying headcount 8. Communication with Emergency responders 7. Drill and tabletop schedule RECEPTIONR: 550330, 06/18/2008 at 09:40:13 AM, 12 OF 12, Janice K. Vos Caudill, Pitkin County, CO • 3. Types of Emergency — Human a. Student Weapons 1. Protocol for confronting student 2. Communication with Sheriff 3. Roles and responsibilities of campus personnel b. Suspect Person on Campus 1. Protocol for confronting suspect 2. Roles and responsibilities of campus personnel 3. Communication with Sheriff o. Armed Intruder on Campus 1. Notification of Sheriff 2. Campus Lockdown procedure 3. Roles and responsibilities of campus personnel 4. Interaction with gunman 6. Drill and tabletop schedule d. Bomb Threat/Explosions on campus 1. Notification of Sheriff 2. Campus Lockdown Procedure and Evacuation plan 3. Offslte evacuation protocol and location 4. Roles and responsibilities of campus personnel 5. Bomb caller checklist 4. Types of Emergency — Off campus a. Bus accident 1. Communication protocol with school 2. Roles and responsibilities at scene of accident 4. Communication with emergency response team 3. Communioation with parent community 5. Poat Crisis Communication a. Goals and objectives b. List of community support services c. Protocol for communicating with families d. Plan for communicating with entire school community EXHIBIT B TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY - \ N. •:I \ck\ 1 r J \I ))) �`� II • k 41 _e.+i� ,✓ eti\ �4 i. Nik • � r t � �t C1 ,r 1 11111:11 ' i t I PI 4 'a I VA ! - 7 i "AIBB9te $p k t44 it 11 ��Il�i'.1f �/ ' jY,� y I ii ' l I � i �3I� � pp 1� o �}, f p, f i : il a iii d ,, lit )4411, (, i*, . l M+ yy+zle ry; n/ A--11 y y � � "i 1 leBh � , « `a,,e oo/ x { / k g I 4 �1ie t ] �►'��� L� t l a g •ten a // � .�, , .�� . ID fi i li l i ti l ` 4 w s ,� I J ! iit 1 11 IU $f° i I ' ! !j j I , '�� '• ( . 1:71:Apii I 'e gi�► i i1iiIi!I t _ ml 1 i , d : i I ��i� � y .. , \� ! w \ i: }!I a � ; \ Ti pt! � !wry! , e tt A y 1 1 y �L`�jN ! , 31 q x �l ,i {�; a a �g g� g � �R Y B y : � l y r ! 6 i G ���� tl 4e relx !/ �� Y• '° la G i irdi l9 ;hull / t ......«,--.....•...:... .,-.r....,...- .,n- .....— EXHIBIT C TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY EXHIBIT C Estimated gross water requirement (gpd) and maximum water flow requirements for the structures and facilities approved by the Master Plan at full development (including water requirements for any existing uses that will be continued upon completion of the new construction), and estimated treated water irrigation requirements, Including number of square feet to be irrigated with treated water. Est. ECU Est. GPD` Existing 16.96 6190.40 Proposed Building 2 9.83 3587.95 Building 5 1.00 365.00 Building 6 2.00 730.00 Building 7 6.37 2325.05 Building 8 7.06 2576.90 Building 9, 10 & 11 10.36 3781.40 Building 13 7.30 2664.50 Building 15 10.09 3682.85 Irrigation' 8.00 2920 Total 78.97 28,824.05 Round Up 80 29,200 *365 gpd per ECU `2,000 SF to be irrigated with treated water EXHIBIT D TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY EXHIBIT D Provisions for fire flow and fire flow storage Fire flow requirements for the Music Associates of Aspen property will be met through a combination of potable water and water stored In an existing pond or ponds on the property. The City of Aspen Water Department will deliver approximately 1000 gpm to 1100 gpm through an existing 8 -inch diameter water main to the property. The existing 8 -inch line will be extended to form an 8 -inch diameter water line loop within the property. One existing fire hydrant near the existing bridge will remain, and will be augmented by the installation of four new fire hydrants connected to the potable system within the property. The fire hydrants will be spaced at intervals of approximately 400 feet throughout the property. Additional fire flow storage is being provided by water stored in the existing and reconfigured pond or ponds. A new dry fire hydrant (See attached detail) will be Installed near the administration building on the easterly side of the existing bridge, and will draw water from the Shallow Pond or a combination of the Shallow Pond and the Great pond. The dry fire hydrant will be clearly differentiated from the fire hydrants connected to the potable water system by means of slgnage or color to be approved by the Aspen Fire Protection District. The minimum required fire flow storage for the site is 135,000 gallons. (750 gpm X 60 min X 3 hrs). The volume of water in the ponds, assuming an average depth of four feet, is estimated to be 1,773,000 gallons. Assuming winter conditions with an ice cover of 1.5 feet, the volume would be reduced to approximately 1,148,000 gallons. During construction of some of the buildings in Phase Two, it will be necessary to drain the Great Pond. During that period, the perimeter of the Shallow Pond will be enlarged in order to increase the available fire flow storage. At completion of constriction, the Great Pond will be filled and the combined capacity of the two ponds will far exceed the volume required for fire storage. In addition to the water system enhancements, improvements to the existing roadways will improve emergency access throughout the site. Two new bridges provide continuous vehicular circulation through the site, allowing fire protection vehicles to approach a fire from both sides of the creek. The roadways have been designed and the fire hydrants are being located in collaboration with the Aspen Fire Protection District In order to optimize their ability to control a fire, should one occur on the campus. 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( , » 0_ ! § | � � � � § � � ' a | / . . : $ !p \ :, �- } . ' ` \ • ; m Il 11 11 a | g! \dh ^ 2 6 0 .411 e R A! , )§ $ \ \ § 4,r� III $ • ^ ! !I | � �� � ■ | �1 ktE ] ® /1 QP J � | Et.; � — itE ° ` y am , \ ° | 8 r , | . . |r| • Mi /�k \ it i I _ : �` ` _ 9| . § E I, | / t \ _ 2 . k ' / \ 111E 1 \ / 11 ■ e 111 IIM � :' \ � \ | | , \ cc L O r c ,8 L. | 1 EXHIBIT E TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY EXHIBIT E General Description of Easements to be conveyed to the City of Aspen Water Department New 8 -inch diameter water main extensions will be located in Music School Road and will be extended to the southerly end of the Music Associates of Aspen properly on the westerly side of Castle Creek. The line will cross under Castle Creek just south of the proposed Upper Bridge, and then continue within a newly constructed looped roadway system to reconnect with existing 8 -inch water mains near the existing administration building. Approximately B00 linear feet of existing 8 -inch water line and an existing fire hydrant will be abandoned. This line begins in the roadway Just south of the existing Castle Creek Building, and runs in a southerly direction easterly of the existing Administration Building, westerly of the Shallow Pond and then southeasterly to Its terminus at an existing fire hydrant. The fire hydrant and portions of the existing water line that are in conflict with proposed Improvements will be removed. New easements, 25 feet in width, will be created for all new waterlines and fire hydrants located in or adjacent to the roadways. An easement, 30 feet in width will be granted for the waterline as it crosses Castle Creek. The easements will be twelve and one -half feet or fifteen feet on each side of the centerline of the as- constructed water lines and fire hydrants. The easement descriptions will be provided at the time of completion of each phase of development. EXHIBIT F TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY EXHIBIT F General Description of other circumstances affecting the cost or type of construction for the water mains or facilities There are two sections of water line associated with water system extensions on the Music Associates of Aspen property that will require construction techniques or materials that differ from standard installation procedures. The first area is near the southerly end of campus where an 8 -inch water line crosses Castle Creek to complete an 8 -inch water line loop within the property. For this crossing, restrained joint pipe will be installed inside a larger casing pipe underneath Castle Creek. Vertical bends will be employed to take the pipe from the standard seven -foot bury depth to a depth of seven feet below the water level of Castle Creek. Eight -Inch main line gate valves will be installed on either side of the creek. The second area is near the southerly end of campus in an area where the width of the roadway does not allow for the standard ten foot separation between water and sewer lines. In a section 146 feet in length the separation between water and sewer lines will be five feet. In this area the water line will be constructed using Class 54 ductile Iron pipe. The sewer line will be constructed using C -900 Class 200 water pipe that will extend an additional ten feet on each end of the zone where separation is less than ten feet. In addition to the on- campus considerations, the City of Aspen Water Department will be making modifications to the Music Associates of Aspen water line at its connection to the water plant. The existing water main serving campus is connected directly to the clear well at the water plant, limiting both the water volume and pressure delivered to campus. In order to improve the flow rate and the pressure in the campus main line, a new water main connection will be made to an existing water main in a higher pressure zone, The new connection will be made by disconnecting the Music Associates service line from the clear well at the water plant and extending it in a northerly direction to connect with a higher pressure water main in Doolittle Drive. EXHIBIT G TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY •..._ 111 6 4 ..„, .• ..:0. R I riti 1 • •, 1 t. ,,.. -, • • I '').--:...' g g v I 0 11‘\- Y. .... : ;. ' i l t t , • 1 1 1 1s . 2 ,, 1 1 Ed. i ...•' ,!-- - -.• i 1 1 ril, ,.. . cr --. . 1 • iit'lni ' ‘ gill -1;(7" I iir I IA •''' i 4 a 1 4. s: It 1 ii TT!* I "1 1),?-2-;•-;dy .-.—; . 1 • r - '' 1' 'W-.7.•(A'..tg'i .. Y . \ 1 t.,..:i.., J. ' - ‘‘.' -, . \‘ .. \4 l' 1 ? , i '@:-.7 c ■ 1 \ I II. PI 4 .: -. 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EXHIBIT H TO AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY MEMORANDUM OF UNDERSTANDING The City of Aspen, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City "), and Music Associates of Aspen, Inc., a Colorado nonprofit corporation, whose address is 2 Music School Road, Aspen, Colorado 81611 ( "MAA ") agree as follows to be effective January 1, 2012, regardless of the date(s) of the parties' signatures below. Recitals a. MAA is the owner and operator of the Aspen Music Festival and School ( "AMFS ") campus facility which consists of about 38.48 acres along Castle Creek Road in Pitkin County, Colorado (the "AMFS Campus "). b. MAA is in the process of redeveloping the AMFS Campus facility, to include expanded rehearsal facilities and classrooms. c. In conjunction with this redevelopment, MAA has requested the City to provide expanded water service to the AMFS Campus. d. As a condition of expanded water service to the AMFS Campus, the City's staff has requested MAA to enter into this Memorandum of Understanding with regard to affordable housing mitigation. NOW, THEREFORE, the parties further agree as follows: 1. AMFS employs a variety of faculty and guest artists, year -round staff, seasonal staff and students. The parties agree to the following benchmarks with regard to housing these groups of employees: a. Faculty and guest artists. The parties agree that MAA shall not be required to provide mitigation regard to housing for its faculty and guest artists. b. Year -round AMFS staff. MAA currently has 36 year -round staff members who live throughout the Roaring Fork Valley in both rental and owned properties. MAA has no current plans for staff increases in conjunction with its proposed campus redevelopment. However, should any additional year -round employees be hired, the parties agree that affordable housing mitigation with regard to any additional staff shall be determined solely according to the Pitkin County land use approvals for the AMFS campus redevelopment, and that the City shall not impose any separate or additional requirements in this regard. 1 c. Seasonal AMFS staff. MAA currently hires approximately 120 seasonal staff (a mix of independent contractors and employees) for the AMFS summer performance season. At present, MAA provides housing for 87% of these seasonal hires in either Burlingame or Marolt affordable housing or in free - market rentals. The remaining 13% of the seasonal staff who do not receive housing from AMFS consist of local residents who already have area housing. At present 45 seasonal staff members are housed in free - market housing. In order to ensure that additional seasonal staff does not create additional affordable housing burdens, the City and MAA agree that, if MAA should increase the number of seasonal staff in free - market housing by 25% on average over any five consecutive years (i.e. if MAA houses 56 or more seasonal staff members on average over any five consecutive years), MAA will thereafter undertake to enter into a long -term lease, purchase, or construct additional affordable housing for 50% of the increase (i.e., if 56 seasonal workers are placed in free market housing for three or more consecutive years, MAA will provide affordable housing for at least 6 of the 11 new workers). However, the parties further agree and acknowledge that, if any extra workers are housed by MAA at Aspen Highlands, or Snowmass Club Commons, these workers shall not count toward the any measured increase in seasonal staff above the current level of 45 seasonal workers. d. AMFS students. MAA currently houses between 60 and 70% of AMFS students in any given year. In years when Aspen's real estate market is "high," MAA get more requests for student housing, and in years when Aspen's real estate market is "low," fewer requests are received. The parties agree that, if MAA cannot accommodate requests for student housing from an average of at least 50 students over any five consecutive years, then MAA will thereafter undertake to lease, purchase or construct additional affordable housing for 50% of the average number of the requesting students who could not be accommodated in affordable housing by MAA each year during the five -year measurement period. 2. In order to facilitate monitoring of MAA's compliance with the affordable housing benchmarks established herein, on or before November 1 each year, MAA shall annually provide the City with a written summary of (1) the maximum number of seasonal staff hired each year and (2) the number of students who requested affordable housing but who MAA was not able to accommodate in affordable housing that year. 3. Also, within six months of the parties' mutual execution of this Agreement, MAA shall procure and provide to the City an audit by an independent auditor acceptable to the City Housing Office Operations Manager to confirm MAA's present housing and staffing statistics set forth above. In the event of any material discrepancy, the benchmarks set forth above shall be revised accordingly. Thereafter, the 2 City shall have the right to request similar independent audits of MAA's compliance with the housing benchmarks established herein once every five years commencing five years after completion of the first audit. The failure of the City to request an audit during any applicable five -year period shall not constitute a waiver of the right to do so during any subsequent review period. 4. Since Pitkin County is also regulating affordable housing impacts associated with redevelopment of the AMFS Campus pursuant to the County's land use approval procedures, in order to avoid any duplicative burdens upon MAA with regard to affordable housing mitigation, the City and MAA further agree that any additional affordable housing mitigation provided in the future by MAA may be counted as mitigation with regard to any similar County requirements, and that the City, likewise, will allow MAA to count any additional affordable housing developed to satisfy any County requirements against any similar requirements under this Agreement. 5. Any notices pursuant to this agreement shall be delivered to the parties via hand delivery or First Class U.S. Mail to the addresses first set forth above, or to such other address as may be indicated by either party in a subsequent notice in accordance with this paragraph 4. IN WITNESS WHEREOF, the parties have executed this agreement the date and year first above written. THE CITY OF ASPEN, COLORADO a Municipal rp n an Horn ule City By: Mick Ireland Its: Mayor Z e ' I It ATT ST: ■ .2 By: .11.11 .! Its: City Clerk APPROVED AS TO FORM: Alle B -L .�rtlkt_.. :r,• Its: Aspen City Attorney 3 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before e L- ' , 2012, by Mick Ireland, Mayor, City of Aspen, and :_4 _i��ie /' City Clerk of the City of Aspen. My commission expires 9— / a-os �? Witness my hand and official seal. fattl.A Ord i?. ° ".2.(/ %% ary Public i C pl j o �i l Pe v, 4 1 E 4 MUSIC ASSOCIATES OF ASPEN, Inc. a Colorado n profit corporation By: /Alan Fletcher Its: President and CEO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me on January 25, 2012, by Alan Fletcher as President and Chief Executive Officer of Music Associates of Aspen, Inc. My commission expires 3- 114 Z 1 Witness my hand and official seal. LEANN R. RECORD Cu L /t-tC l22. G tI State Nota ry Public Colorado Notary Public My Commission Expires March 14, 2014 5381599_1.DOC 5