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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mountain Lodge Section M.1992 O • . #352692 01/07/93 15:10 Rec $40. 00 BK 699 PG 974 Silvia Davis, •P'itk:in Cnty Clerk , Doc $.00 BEFORE THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO IN RE THE MATTER OF SAVANAH LIMITED PARTNERSHIP' S REQUEST FOR A SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION AND SAVANAH'S NON-COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS OF SAID AGREEMENT AS AMENDED. • • This matter is before the City Council upon the petition of Savanah Limited Partnership ("Savanah") pursuant to Section M of the First Amended and Restated Planned Unit Development/Sub- division Agreement for the Aspen Mountain Subdivision ("PUD Agreement") , seeking an extension in the construction scheduling for subdivision development, and Savanah' s request for a hearing concerning its non-compliance with certain construction deadlines contained in the PUD Agreement. Pursuant to Savanah' s petition and request, a public hearing was convened upon notice on October 26, 1992 . Savanah appeared, with legal counsel, and produced testimony and other evidence in support of its petition. City staff persons and members of the public were also offered an opportunity to be heard. Having heard all of the offered testi- mony and argument and having reviewed the documentary evidence as submitted and made part of the record herein, the City Council finds as follows: 1. On September 29 , 1992 , Savanah Limited Partnership submitted a written petition to the City pursuant to Section .M of the PUD •Agreement seeking an extension in the construction schedule deadline for the Ritz Carlton Hotel component of the subdivision. Specifically, Savanah asked that the established deadline for obtaining a certificate of occupancy for the hotel be extended from October 1, 1992 , to and until November 9 , 1992 . 2 . Section M of the PUD Agreement provides as follows in its relevant part as pertinent hereto: - " . . . the Owner or its successors or assigns may, on its own initiative, petition the City Council for a vari- ance, an amendment to this Agreement, or an extension of one or more of the time periods required for perfor-- mance under the Construction`Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time peri- • . -- --- #352682 01/07/93 15: 10 Rec $40. 00 BK 699 PG 975 Silvia Davis, Pitkin Cnty Clerk , Doc $. 0C ods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delays) which necessitate such extension(s) are beyond the control of Owner, despite good faith efforts on its part to perform in a timely manner. " 3 . Savanah has alleged that the following facts and/or circumstances have caused delays in the progress of the construc- tion of the Ritz Carlton Hotel component of the subdivision and that such facts and circumstances were beyond its control: (i) Unavailability of skilled labor in sufficient numbers to meet construction demands despite area and region-wide recruitment efforts and the imple- mentation of overtime working schedules; (ii) Weight restrictions on the Maroon Creek Bridge as imposed by the Colorado Department of Transporta- tion causing unavoidable extensions in concrete delivery and pouring schedules and other material deliveries; (iii) Severe and abnormal snowstorms in October, 1991, which delayed installation of the roofing member of the main hotel building. 4 . In addition to the extension requested as to the certificate of occupancy for the hotel, Savanah has also asked to - be allowed to extend completion deadlines for the exterior of the hotel property and hardscape along public rights-of-way and the clean-up of Lot 6 of the subdivision to and until October 10, 1992 . 5. City Council finds the Savanah has been able to demon- strate by a preponderance of the testimony and evidence as established in the record that its failure to meet the October 1, 1992 deadline date for the issuance of a certificate of occupancy for the Ritz Carlton Hotel resulted from those facts and circum- stances as summarized in Paragraph 3 above, and that such facts and circumstances were beyond Savanah' s control despite its good faith efforts to perform. 6 . City Council further finds that a more realistic and obtainable deadline for the issuance of a certificate of occupan- cy for the Ritz Carlton Hotel is December 4 , 1992 , and not November 9 , 1992 , as requested by Savanah. 2 #352682 01/07/93 15: 10 Rec $40. 00 BK, 699 PG 976 Silvia Davis, Pitkin Cnty Clerk , Doc $.00 NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING, City Council does hereby grant to Savanah Limited Partnership the following extensions to the construction schedule deadlines for the Aspen Mountain Subdivision, which extensions shall be incor- porated into a written amendment to the PUD Agreement pursuant to Sections M and 0(6) , subject to those terms and conditions as set forth below: EXTENSIONS From To 1. Final Certificate of Occupancy for the Ritz Carlton Hotel 10/1/92 12/4/92 2 . Completion of exterior of hotel property and hardscape along public rights-of-way 10/1/92 12/4/92 3 . Lot 6 clean up 10/1/92 12/4/92 4 . Certificate of Occupancy Summit Place 8/1/93 8/1/94 5. Demolition Permit for Lot 5, Grand Aspen Hotel 10/1/95 reaffirmed at 10/1/95 CONDITIONS 1. Savanah shall immediately make available and ensure the use of eighty (80) parking spaces within the hotel garage for construction worker' s vehicles so as to reduce the necessity and demand for on-street parking by construction personnel. Such parking spaces shall remain available for off-street parking by construction personnel until no longer needed as determined by the Director of Public Works. 2 . Savanah shall immediately devise and implement a delivery schedule to regulate deliveries made to the Ritz Carlton Hotel and property. Such schedule must be approved by the Direc- tor of Public Works and establish set hours during which all deliveries to the hotel and hotel property shall be made. Said schedule shall remain in place until no longer needed as deter- mined by the Director of Public Works. 3 . Savanah shall complete and execute escrow documents by November 2 , 1992 , securing Savanah' s construction of the Ice Rink 3 • i #352682 01/07/93 15: 10 Rec $40. 00 Eck:: 699 PG 977 Silvia Davis, Pitkin Cnty Clerk , Doc $.00 - and Park on Lot 6 of the subdivision. All escrow documents shall be subject to approval by the City Attorney. 4 . The effectiveness of the extensions as granted herein shall be contingent upon Savanah's compliance, as determined by the City staff, with all of those conditions as set forth above. In the event that any condition as set forth above is not sub- stantially complied with, then the extensions granted herein shall automatically be rendered invalid and such failure(s) to comply shall constitute non-compliance with the First Amended and Restated PUD/Subdivision Agreement. Savanah shall thereafter be entitled to a hearing before City Council to determine sanctions or penalties for its non-compliance, which may include the revocation or termination of any or all approvals contained in the PUD Agreement. NON-COMPLIANCE The City Council tables and continues until December 14 , 1992 , at the hour of 5 o'clock p.m. , its deliberations and consideration relevant to sanctions and/or penalties, if any, to be imposed upon Savanah by reason of its non-compliance with the October 1, 1992 deadline date for the issuance of a certificate of occupancy for the Ritz Carlton Hotel. Done this et,,/ day of , 1992 , nunc pro tunc October 6, 1992 . THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO By: Jo S. Bennett, Mayor ATTEST: / AO A. Kathryn SS Koch, City Clerk jc1028 . 3 4 0 411 - - y _ _ #352682 01/07/93 15: 10 Rec $40. 00 BK 699 PG 978 : Silvia Davis, Pitkin Cnty Clerk , Doc $.00 -- SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION THIS AMENDMENT to the First .Amended and Restated Planned . Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement") , being entered into between the City of Aspen, Colorado ("City") and Savanah Limited Partnership "Savanah" or "Owner") on this 2.(P day of & -r , $Er2 . 1992 , provides as follows: . R E C I T A L S WHEREAS, on September 29 , 1992 , Savanah submitted a written petition to the City pursuant to Section M 'of the PUD Agreement seeking an extension in the construction schedule deadline governing the construction and completion of the Ritz Carlton Hotel component of the Aspen Mountain Subdivision; and WHEREAS, a hearing was conducted before the City Council on October 26 , 1992 , in accordance with Section M of the PUD Agree- ment relating to requests for extension of one or more time periods required for performance, during which Savanah success- fully demonstrated that the reasons necessitating the extension in the existing construction schedule deadline were beyond its control; and WHEREAS, Section M of the PUD Agreement authorizes exten- sions of the time periods for construction ' schedules upon a proper showing; and WHEREAS, Section 0(6) of the PUD Agreement authorizes amendments to the Agreement by written instrument executed by the parties thereto. NOW, THEREFORE, in consideration of the mutual covenants and . conditions as contained herein, it is agreed that the provisions hereinbelow shall amend the PUD Agreement as follows: 1. Savanah' s construction schedule deadlines as set forth , in Section A2 of the PUD Agreement, and as previously amended by those Section M amendments executed on June 11, 1990 (recorded in Book 627 at Page 457 in the records of the Pitkin County Record- ed) , on June 10, 19.91 (recorded in Book 654 at Page 418 in the records of the Pitkin County Recorder) , and on August 10, 1992 (recorded in Book 689 at Page 317 in the records of the Pitkin County Records) , are amended to provide as follows: #352682 01/07/93 15: 10 Rec $40. 00 ELF<. 699 PG 979 ' Silvia Davis, Pitkin Cnty Clerk , Doc $.00 From To , 1. Final Certificate of Occupancy for the Ritz Carlton Hotel 10/1/92 12/4/92 2 . Completion of exterior of hotel property and hardscape along public rights-of-way 10/1/92 12/4/92 3 . Lot 6 clean up 10/1/92 12/4/92 4 . Certificate of Occupancy Summit Place 8/1/93 8/1/94 5. Demolition Permit for Lot 5, Grand Aspen Hotel 10/1/95 reaffirmed at 10/1/95 6 . The amended construction schedule deadlines as provided for in paragraph 1 above shall be and remain in full force and effect only insofar as Savanah complies with all of those terms and conditions as set forth in that written decision of the City Council of the City of Aspen attached hereto as Exhibit "1" , and incorporated herein that was issued upon and in response to Savanah' s petition of September 29, 1992 , seeking a Section M amendment. 7 . All other terms and conditions of the PUD Agreement and the previous Section M amendments dated June 11, 1990, June 10, 1991, and August 10, 1992 , not inconsistent with or superseded by this amendment, shall remain in full force and effect. 8 . This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder' s office. IN WITNESS WHEREOF, the parties have hereunto set their signatures on the day and year as first written above. THE CITY OF ASPEN, COLORADO By: 5. John S. Bennett, Mayor ATTEST: Kathryn S/Koc , City Clerk 2 *352682 01/07/93 15: 10 Rec $40. 00 BK 699 PG 980 Silvia Davis, Pitkin Cnty Clerk , Doc $.O0 SAVANAH LIMITED PARTNERSHIP By: ASP , - TERPRISES INTERNATION- G al Partner By: • President A•PROV D AS TO F4 - : A—A ' 4141 I � Attorney for Sa .nah Limited Partnership . LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California OPTIONAL SECTION // / CAPACITY CLAIMED fBY SIGNER // / County of Los Angeles / fill in the data below, doing so may prove invaluable to persons relying on the document. 1 On 12/8/92 before me, Laurie Simon ❑ INDIVIDUAL 1 / DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" / / ®CORPORATE OFFICER(S) / 1 personally appeared Omar R. Benjamin President 1 NAME(S)OF SIGNER(S) TITLE(S)4 (� PARTNER(S) LIMITED (/ / ®personally known to me-OR - ❑ proved to me on the basis of satisfactory evidence ❑ ❑ / to be the person(s) whose name(s) is/are ❑ GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN FACT // knowledged to me that he/she/they executed ❑TRUSTEE(S) 4 / the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR _ _ capacity(ies), and that by his/her/their ❑OTHER: / signature(s) on the instrument the person(s), 6 t/ 1 .ice 41.1., OFPICIAL NOTARY SEAL 0 or the entity upon behalf of which the f LAURIE sl�c:H person(s) acted, executed the instrument. f 'I/ -: `"`�' tt 1 oL,a! G.aturnia I SIGNER IS REPRESENTING: f 1 LDS am4 3CLt=S:t�uN PY / Lr,r My,Comm Ere MAY I6,1995 ( WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) 4 Aspen Enterprises f \\ �l .n International 4 / SIGNATURE OF NOTARY 6 tOPTIONAL SECTION Amena a ono t� st tect ilannea j THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Unit Development/subdivision Are f / THE DOCUMENT DESCRIBED AT RIGHT: merit for the Aspl6/. !g din SubdiV / NUMBER OF PAGES 3 DATE OF DOCUMENT / / Though the data requested here is not required by law, / -/ it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE / ��`ttititititi�l�-�111�,ti-`-��ti���titi�»- -�ti�-`1��tititi�1ti�11�ti-�ti�-�1- - -�ti��`���11-.1`���--ti`��ti�-��ti .11ti----ti1titi-�:: ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • III . . •• - #352682 01/07/93 15: 10 Rec $40. 00 BK 699 PG 981 Silvia Davis, Pitkin Cnty Clerk , Doc $. 00 Certificate of Secretary I, Clayton M. Corwin, do hereby certify that I am the duly elected, qualified and acting Secretary of Aspen Enterprises International, Inc. , a Colorado corporation (this "Corporation") . I do further certify that as of the date hereof, the following persons are duly elected directors and/or officers of this Corporation, holding such office as set forth opposite their name: Omar R. Benjamin Director and President Clayton M. Corwin Director and Secretary R. Theodore Mueller, II Vice President and Treasurer IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of this Corporation this 8th day of December, 1992 . 1 77/1i ,7 `: ", 4 Secret y ‘, ie ■ A . Ilk ORDINANCE NO. (Series of 1992) AN ORDINANCE RATIFYING AND APPROVING A SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION. WHEREAS, on September 29 , 1992 , Savanah Limited Partnership ("Savanah") submitted a written petition to the City Council pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision seeking an extension in the construc- tion schedule governing construction and development of the Ritz Carlton Hotel component of the Aspen Mountain Subdivision; and WHEREAS, a hearing was conducted before City Council on October 26, 1992 , during which Savanah successfully demonstrated that the reasons necessitating extension in the subject construc- tion schedule were beyond its control; and WHEREAS, Section M of the PUD agreement authorizes amend- ments to construction schedule deadlines under circumstances as demonstrated by Savanah. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 The following amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, as amended, is hereby ratified and ap- proved: 4 1 Savanah' s construction schedule deadlines as set forth in Section A2 of the PUD agreement, and as previously amended by those Section M amendments executed on June 11, 1990 (recorded in Book 627 at Page 457 in the records of the Pitkin County Record- er) , June 10, 1991 (recorded in Book 654 at Page 418 in the records of the Pitkin County Recorder) , and August 10, 1992 (recorded in Book 689 at Page 317 in the records of the Pitkin County Recorder) are amended to provide as follows: From To 1. Final Certificate of Occupancy for the Ritz Carlton Hotel 10/1/92 12/4/92 2 . Completion of exterior of hotel property and hardscape !: along public rights-of-way 10/1/92 12/4/92 3 . Lot 6 clean up 10/1/92 12/4/92 4 . Certificate of Occupancy Summit Place 8/1/93 8/1/94 5. Demolition Permit for Lot 5, Grand Aspen Hotel 10/1/95 reaffirmed at 10/1/95 Section 2 The amendments as provided for herein are subject to all the terms and conditions as set forth in that written._decision _.issued. . . .. by City Council pursuant to Savanah's petition dated September 29 , 1992 , requesting the extension in the above-described con- struction schedule deadlines, a copy of which is attached hereto as Exhibit 1 . i . 2 S . ! Section 3 The amendments as provided for herein are to be reflected in a written amendment document attached hereto as Exhibit 2 which shall be executed and filed in the records of the Pitkin County Clerk and Recorder' s Office. Section 4 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5 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 6 A public hearing on the ordinance shall be held on the ...43 day of ' - i ' , 1992 , in the City Council , Chambers, Aspen City Hall, Aspen, Colorado. 3 411 i C INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the / day of , 1992 . John S. Bennett, Mayor ATTEST: Kathryn / Koch, City Clerk FINALLY adopted, passed and approved this 6'53 day of , 1992 . c. CJohn S. Bennett, Mayor ATTEST: Kathryn Sv Koc- , City Clerk jc1029 . 3 4 • o i Cit ;Tpen 130 u h Galeha - treet As eii Coloracj,o-8 611 q0 MEMORANDUM DATE: December 2 , 1992 TO: Mayor and City Council FROM: Jed Caswall, City Attorney RE: Aspen Mountain PUD/Subdivision Non-Compliance -- Continued Proceedings. Council initially undertook proceedings on October 26th on the issue of whether Savanah Limited Partnership ("Savanah") should be subject to sanctions for its failure to meet the October 1st construction schedule deadline for the Ritz Carlton Hotel. The October 26th proceeding was publicly noticed and a public hearing was held to solicit evidence on the matter. Savanah appeared at / that time and offered facts in explanation and mitigation of its failure to comply with the mandated constructed schedule. Savanah' s request for an extension in the construction deadline, submitted to Council pursuant to Section M of the Aspen Mountain PUD/Subdivision Agreement, was also heard at that time. At the conclusion of the hearing, Council voted to grant an extension in the construction (certificate of occupancy) deadline for the hotel (to and until December 4, 1992) , and table to December 14th a final decision on possible non-compliance sanctions. The matter is before you at your December 7, 1992 , meeting due to a rescheduling with the consent of Savanah. (A copy of the October 26th meeting minutes is attached for your reference in refreshing your recollections of the meeting and the evidence presented. ) It appears from a review of the meeting minutes that the hearing concerning sanctions was not formally closed on the 26th. Hence, the first order of business at the December 7th proceeding might be to ask if anyone else wishes to comment on the matter further, then close the hearing. As noted at the October 26th hearing, City Council ' s jurisdiction and authority to impose sanctions against Savanah for missing the October 1st construction deadline for the hotel derives from ply PRINTED QV _ 4VY!/RELYLIEO PAPEq S Memorandum to Mayor and City Council December 2 , 1992 Page 2 Paragraph 19 of the June, 1991 Section M amendment to the PUD/ subdivision agreement, which provides as follows: The effectiveness of the extensions granted herein shall be contingent upon Savanah 's compliance, as determined by the City Staff, with all of those conditions set forth above. In the event that any condition as set forth above is not substantially complied with, then all extensions as granted herein shall automatically be rendered invalid and such failure(s) to comply shall constitute non-compliance with the First Amended and Restated PUD/Subdivision Agreement. Savanah shall thereafter be entitled to a hearing before City Council to determine sanctions or penalties for its non-compliance, which may include the revocation or termina- tion of any or all approvals contained in the PUD Agreement. A penalty or sanction need not be imposed if, in Council ' s judgment, no useful public purpose would be served thereby. On the other hand, if Council determines a sanction is warranted and necessary, it must be based upon and reasonably reflect the evidence and other information presented to you during the hearing. • RECOMMENDATION: Planning staff and the Manager ' s office recom- mend that Savanah reimburse the City for planning fees associated with staff time spent on this issue in the amount of $3 , 800 . 00. EMC/mc jc122 . 1 cc: Diane Moore, Planning Director Robert W. Hughes, Esq. (for Savanah) • IIADID Aspen Holdings, Inc. November 6, 1990 Mayor William Stirling Aspen City Council 130 South Galena Aspen, ' Colorado 81611 Dear Mayor and City Council Members: You are reviewing a proposed ordinance next Monday to allow the Board of Adjustment to permit conditional use approval for temporary storage of construction materials. This ordinance is coming forward in response to a request made us earlier this summer. Currently we are approved for storage of construction related materials on the lots comprising the PUD. We are using the Top of Mill site for all storage as ,that is the only vacant parcel. Earlier this summer we made a request to utilize the acre of our land above the Lift One Condominiums known as the Barbee property. The Top of Mill is at the end of one of the steepest grades in Aspen and the street has been narrowed during construction. The approach is past many separate hotel and condominium projects. Most important is that the Aspen Ski Club is located at the top of Mill Street. Every day during ski season this property is swarming with parents, children and coaches. To drive the road requires a head of steam to make it to our property. The prospect of semi trucks loaded with brick and masonry going up this hill during the winter is worrisome. The Barbee property is ideally located for material storage. It is level, is only on block from the hotel and has only one neighbor, the Lift One Condominiums. We had agreed to screen the site to mitigate the impacts. 600 East Cooper Street Suite 200 Aspen Colorado 81611 (303)925-4272 FAX: (303)925-4387 • • Mayor William Stirling Aspen City Council November 7, 1990 Page two While staff agrees that the Barbee property is practical and offers advantages, apparently there is no mechanism in the City Code to allow for temporary storage of materials on this site. Fred Smith, an employee of Lift One, has registered a complaint about the Barbee property. We encourage you to look favorable upon this ordinance and to support our temporary use request. The staff has been extremely helpful in our request. We look forward to a successful resolution. Thank you for your attention. Sincerely, Po41 Perry Harvey, Direc r Hadid Aspen Holdings, Inc. PAH/ld • v.., ESCROW AGREEMENT AND INSTRUCTIONS THIS ESCROW AGREEMENT AND THESE INSTRUCTIONS are entered into and given as of January 4 , 199 3 , by and among Savanah Limited Partnership, a District of Columbia Limited Partnership ("Savanah") , the City of Aspen, Colorado (the "City") and Norwest Bank Denver, N.A. as escrow agent ("Escrow Agent") , with reference to the following: RECITALS: A. The City and Savanah have entered into that certain First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision dated October 3 , 1988 and recorded in Book 574 at Pages 792 , et seq. , of the Pitkin County, Colorado real property records (the "PUD Agree- ment") . B. On May 21, 1992 , Savanah submitted a written petition to the City pursuant to Section M of the PUD Agreement seeking an extension in the construction schedule deadline governing con- struction and development of Lot 6, the proposed Ice Rink and Park (herein so-called) , within the Aspen Mountain Subdivision. C. The hearing was conducted before the City Council on July 13 , 1992 , in accordance with Section M of the PUD Agreement, which section relates to requests for extensions of time periods and construction schedules, during which Savanah successfully demonstrated that the reasons necessitating the extension of the existing scheduled construction deadline were beyond its control. As a consequence, the City and Savanah entered into that certain Section M Amendment to the PUD Agreement dated August 10, 1992 (the "PUD Amendment") , recorded at Book 689 at Pages 317-323 of the Pitkin County, Colorado, real property records. D. One of the conditions to the PUD Amendment is that Savanah deposit $700, 000 . 00 in escrow for the benefit and in the name of the City of Aspen to secure performance by Savanah in regard to the following: 1. The establishment of a permanent fund to defray operation and maintenance costs for the Wagner Park Ice Rink (herein so-called) in the event the City should determine to authorize such ice rink; or 2 . Construction by Savanah of the Ice Rink and Park as approved by the Aspen City Council and as re- quired by the PUD Agreement on Lot 6 of the Aspen Mountain Subdivision. • • E. Since the execution of the PUD Amendment the City Council has determined not to proceed with or authorize the development of the Wagner Park Ice Rink preferring instead to proceed solely with the development and construction of the Ice Rink and Park as called for in the PUD Agreement, as amended. F. Savanah has herewith deposited with Escrow Agent the sum of $700, 000. 00 (the "Escrow Fund") and, with respect to the Escrow Fund, Savanah and the City agree with each other and instruct Escrow Agent as follows: 1. Escrow Agent shall deposit the Escrow Fund in a separate interest-bearing money fund account in the name of the City. The Escrow Fund shall be insured to the extent of FDIC limits and shall be backed by a pledge of Escrow Agent ' s assets pursu- ant to the Colorado Public Deposits Law. 2 . Notwithstanding that the Escrow Funds are deposit- ed in the name of the City, Escrow Agent shall pay to Savanah quarterly all interest that accrues on the Escrow Fund, three to five days after the end of the month upon posting to the account. 3 . The Escrow Fund is intended and shall be used in conjunction with Savanah' s construction and timely completion of the Ice Rink and Park on Lot 6 of the Aspen Mountain Subdivision on or before Octo- ber 1, 1993 , in accordance with the final develop- ment plan, approvals and conditions as contained in Ordinance No. 12 (Series of 1992) . Pursuant thereto, Savanah and City shall jointly submit to Escrow Agent written instructions from time to time authorizing Escrow Agent to issue draws upon the Escrow Fund in favor of Savanah to defray the costs of construction of the Ice Rink and Park. Each draw request shall be accompanied by an Authorization to Escrow Agent to Disburse Funds signed by the Director of Public Works and the Planning Director of the City of Aspen. The Director of Public Works and the Planning Director shall sign any Authorization to Escrow Agent to Disburse Funds presented to them by Savanah pro- vided that the amount to be disbursed fairly cor- responds to actual work performed in connection . with and progress toward the successful completion of the Ice Rink and Park. Upon presentation of such Authorization to Escrow Agent, Escrow Agent shall disburse monies from the Escrow Fund to 2 • . Savanah in the amount specified in the authoriza- tion. Escrow agent shall have no duty to verify the validity of the notices or documents. 4 . Upon final completion and acceptance by the City of Aspen of the Ice Rink and Park on Lot 6 of the Aspen Mountain Subdivision, and written notifica- tion thereof by the City to Escrow Agent, all monies, if any, remaining in the Escrow Fund shall be disbursed forthwith to Savanah. In the event, however, that Savanah fails to finally complete the Ice Rink and Park in accordance with all terms, conditions and approvals as contained in Ordinance No. 12 (Series of 1992) and/or fails to obtain a final certificate of occupancy for same on or before October 1, 1993 , then Escrow Agent, upon receipt of written confirmation by the City Manager of the City of Aspen of Savanah' s fail- ure(s) , shall disburse forthwith all monies re- maining in the Escrow Fund to the City and such payment shall constitute and be a sanction and penalty against Savanah for its failure to com- plete the Ice Rink and Park in accordance with the above-noted approvals. 5. All funds as disbursed by Escrow Agent to the City by reason of Savanah' s failure to timely comply with the approvals contained in Ordinance No. 12 (Series of 1992) shall be deposited by the City in a clearly identified account of its own choosing in accordance with C.R. S. Section 29-1-803 (1) _ and shall be used by the City only for recreational amenities available to the general public. 6. All notices sent under the terms of this Escrow Agreement and instructions shall be in writing, hand delivered to Escrow Agent. at Norwest Bank Denver N.A. , Corporate Trust Services, 1740 Broad- way, Denver, Colorado 80274-8693 ; to Savanah at 600 East Cooper Avenue, Aspen, Colorado 81611, with a copy to Robert W. Hughes, Esq. , Oates, Hughes & Knezevich, 533 East Hopkins Avenue, Aspen, Colorado 81611; and to the Aspen City Man- ager, 130 South Galena Street, Aspen, Colorado 81611, with a copy to the Aspen City Attorney, 130 South Galena Street, Aspen, Colorado 81611. 7 . No amendment of this Escrow Agreement is binding on Escrow Agent unless such amendment is in writ- 3 • ing signed by all parties hereto and deposited with the Escrow Agent. Should any dispute arise among the parties hereto or with any third parties or should Escrow Agent receive conflicting demands with reference to the Escrow Funds, the Escrow Agent may, at its option, but without limiting other rights, stop all proceedings in the perfor- mance of the Escrow Agreement and withhold deliv- ery of the Escrow Fund until such dispute or con- flicting demands have been resolved and written proof thereof has been delivered to Escrow Agent, or Escrow Agent may file an interpleader suit in District Court, Pitkin County, Colorado. On the filing of an interpleader suit, the Escrow Agent shall be fully released and discharged from any obligations or liability in connection with the Escrow Fund. 8 . The parties agree to indemnify, pay and hold harm- less Escrow Agent from all charges, damages, judg- ments, costs, expenses and reasonable legal fees expended or incurred by Escrow Agent in the performance of its duties hereunder. 9 . The parties acknowledge that the Escrow Agent is a mere stakeholder and should not be required to perform any services or duties except for the safekeeping of money or other documents received by it and the disposition of the same in accor- dance with the written instructions of this Escrow Agreement. 10. The Escrow Agent shall not be liable for the lack of authority of any person to execute this Escrow Agreement, any notice required by this Escrow Agreement, or any amendment to this Escrow Agree- ment. The Escrow Agent shall not be liable for the failure of the parties to comply with these instructions or any documents filed or referred to herein. The Escrow Agent shall not be liable for any inadvertent failure of the Escrow Agent to comply with these instructions or any agreement or document filed or referred to herein, or for fraud perpetrated on any person in connection with the Escrow Agreement, or for forgeries or imperson- ations occurring in connection with the Escrow Agreement. The Escrow Agent shall also not be responsible for the sufficiency, correctness or validity of any instruments deposited with the 4 • . Escrow Agent. The Escrow Agent shall be liable only for its willful acts or any misconduct with respect to the Escrow Agreement. 11. Payment for any and all escrow fees or charges imposed by Escrow Agent in connection with its performance under this Agreement shall be the sole responsibility of Savanah and shall be paid ac- cording to the Escrow Agent' s fee schedule. IN WITNESS WHEREOF, this Escrow Agreement has been entered into and these Instructions have been given as of the 4th day of January , 199 3 . SAVANAH LIMITED PARTNERSHIP, a District of Columbia Limited . Partnership /L� i By: � ps --rdinan• . Belz III Executive Director CITY OF ASPEN By: /Y Amy :, gerum City anage THESE ESCROW INSTRUCTIONS ARE ACCEPTED AND RECEIPT OF THE ESCROW FUND IS HEREBY ACKNOWLEDGED THIS /3 DAY OF , 1993 . ESCROW AGENT NORWEST BANK DENVER, N.A. • By: I. �� /I Corpora e Trust Services r jc1028 . 2 5 /I►// • • IIII1 NORWEST INVESTMENTS MI/I AND TRUST IRWIN .1 NORWEST INVESTMENTS AND TRUST CORPORATE TRUST SERVICES ESCROW FEE SCHEDULE Inception and First-Year Administration Fee Extraordinary Services • $1,500 for a Norwest Bank Denver agreement Additional reasonable compensation will be charged for • $2,500 for a custom drafted escrow agreement extraordinary services based on our then current standard hourly charge. Extraordinary services include, but are not Market Value Fee $ Per$1,000 limited to, attending escrow closings, processing assignments of escrow interests, reviewing and accepting On the first $500,000 $ 2.00 modifications or amendments to the escrow agreement,and On the next $500,000 $ 1.00 letter of credit draws. On the balance $ .50 Reimbursables Minimum Annual Fee $1,500.00 All out-of-pocket expenses incurred in the administration Transaction Charges of the account, including postage, telephone charges, insurance, photocopies, supplies, and legal fees, with the Security Transactions $ 25.00 exception of legal fees incurred at the inception of the account, will be billed at cost. Wire Transfers $ 15.00 Overdrafts Receipts $ 5.00 Any overdrafts at Norwest Bank Denver caused by failed Disbursements $ 5.00 or incomplete wires of funds or failed or incomplete securities deliveries will be reimbursable to Norwest Bank Preparing Interest Allocations $ 10.00/ Denver at prime plus two percent (2%). calculation Preparing and Filing Taxpayer Reports Each 1099 $ 2.00 Minimum Charge $ 100.00 Norwest Bank Denver N461 On ' _ _ GB- Cityc4tAapen 0° 130 h Gal'egra n treet As ei Col'orado :1611 ao UbV MEMORANDUM DATE: October 20, 1992 TO: Mayor and City Council . ' toeFROM: Jed Caswall, City Attorney . RE: Savanah Limited Partnership Request For Section M Amendment Regarding Construction Deadline For Ritz-Carlton Hotel. On September 29, 1992 , Savanah Limited Partnership ("Savanah") submitted a written request to the City for an extension in the deadline date for obtaining a certificate of occupancy for the Ritz-Carlton Hotel. A public hearing on the request has been set for October 26th before City Council. This memo is being provid- ed to assist you in preparing for and in conducting the hearing. JURISDICTIONAL FRAMEWORK The First Amended and Restated Planned Unit Development/Subdivi- sion Agreement for the Aspen Mountain Subdivision, executed between the City and Savanah Ltd. Partnership on October 3 , 1988, provides, in part, at Section M as follows: " . . . the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend time periods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. " Previous extensions in the construction schedule for the subdivi- sion were granted by Section M amendments in 1990, 1991, and f ePPINTEOON 4YM+�/ ELYLIEO PAPER 110 410 Memorandum to Mayor and City Council October 21, 1992 Page 2 earlier this year (the ice rink extension) . The 1991 amendment extended the certificate of occupancy date for the Ritz-Carlton from October 1, 1991, to October 1, 1992 . As noted previously, Savanah submitted its current request for a Section M amendment in writing on September 29, 1992 . Savanah seeks to extend the hotel certificate of occupancy deadline date from October 1, 1992 , to November 9, 1992 . Additionally, Savanah asks to establish the following new deadlines for the following tasks: - Substantial completion of the exterior of the hotel property and hardscape along public rights-of-way by October 10, 1992 . - Clean up and regrading of Lot 6 (ice rink/park) by October 10, 1992 . These last two items may be viewed as moot in that Council will not address them until October 26th, by which time the tasks involved should be complete. While not mentioned in Savanah' s amendment request, Council may also wish to examine the following dates, which were established by the 1991 Section M amendments, but which were automatically rendered invalid by reason of Savanah' s failure to meet the October 1, 1992 deadline for a certificate of occupancy for the hotel: - Certificate of Occupancy for Summit Place - August 1, 1993 . - Demolition Permit for the Grand Aspen Hotel - October 1, 1995. PROCEDURAL FRAMEWORK While the PUD agreement does not explicitly require a public hearing as a precondition to a determination on whether Council should grant a Section M amendment, this office and the Planning Department have consistently recommended a public hearing proce- dure concerning Section M amendments and public hearings have been previously conducted in regard thereto (both the 1991 and 1992 amendments were preceded by public hearings) . • Memorandum to Mayor and City Council October 21, 1992 Page 3 Consistent with the nature of the subject matter, Council will be acting in a quasi-judicial role in hearing and ruling upon Savanah' s most recent schedule amendment request. Section 24-6- 205C of the Municipal Code sets forth the general hearing proce- dures applicable to the proceeding: (1) Testimony and evidence upon factual matters shall be given under oath or affirmation (technical rules of evidence, however, are not to apply) . (2) Any person may appear and submit evidence. - (3) Council may exclude testimony or evidence that it finds to be irrelevant-, immaterial or unduly repetitious. (4) Persons may ask relevant questions of other persons appearing at the hearing, but only at the discretion of the Mayor. (5) Any person representing another person or organization must present written evidence of their authority to speak on behalf of such other person or organization (assuming they are absent at the hearing) . (6) Council may continue the hearing to a fixed date and time. Savanah also has the right to request one con- tinuance. (7) After the presentation of all evidence, argument and discussion, Council shall vote on Savanah' s extension request by motion briefly stating its findings of fact and conclusions based thereon. Council 's decision shall be reduced to writing and provided to Savanah. Council need not enter its determination immediately, but may defer same to a later date prior to which time a proposed written decision may be prepared by staff for approval at the later date. Judicial review of Council ' s decision may be sought by Savanah pursuant to Rule 106 (a) (4) of the Colorado Rules of Civil Proce- dures. Any decision made by Council must be supported by reliable, probative and substantial evidence and shall be based only on evidence presented at the time of the hearing. The burden of persuasion as to whether a Section M amendment is warranted and should be granted rests with Savanah. The standard . . Memorandum to Mayor and City Council October 21, 1992 Page 4 to be applied is whether Savanah can demonstrate by' a preponder- ance of the evidence that the reason for the delay(s) which necessitate the requested extension(s) are beyond its control despite its good faith efforts to perform in a timely manner. "Preponderance of the evidence" means that the existence of a proposition asserted is more probably true than not. Either the Planning Department or the City Attorney will open the public hearing with a brief introduction concerning the amendment process. Savanah should then be permitted to proceed to make its case for the extension(s) . (Please refer to Savanah' s written extension request dated September 29, 1992) . Council may ask questions of staff or Savanah. After Savanah's presentation, staff may offer comments or questions. Members of the public may thereafter offer testimony or other relevant evidence. Staff and Savanah should be allowed to respond, with Savanah being permit- ted to offer any final arguments or a closing statement. MISCELLANEOUS Also on Council ' s agenda for the 26th is a public hearing to determine what, if any, sanctions or penalties should be imposed upon Savanah by reason of its failure to comply with the October 1, 1992 deadline for securing a certificate of occupancy. Council may wish to combine the two hearings into one proceeding. APPENDIX Attached for your information and inclusion into the record of the proceedings are the following documents: "A" City Council Findings, Conclusions and Order Granting Last Section M Amendments For Ritz-Carlton Hotel Con- struction Deadline(s) , June 10, 1991. "B" Savanah' s Request For Section M Amendment dated Septem- ber 29 , 1992 . "C" E. Caswall Letter to Savanah Responding to Request For Immediate Hearing dated September 30, 1992 . "D" G. Lyman Memo Re: Status Tour of Ritz-Carlton Hotel dated October 1, 1992 . "E" Notice of Non-Compliance dated October 1, 1992 . 410 Memorandum to Mayor and City Council October 21, 1992 Page 5 "F" G. Lyman Memo Re: Status of Ritz-Carlton dated October 6, 1992 . "G" Notice of Section M Amendment Hearing dated October 7 , 1992 . "H" B. Gish Memo Re: Ritz Carlton Manpower Staffing dated October 13 , 1992 . "I" Published Notice of Hearing dated October 9, 1992 .. "J" Video Tape of Ritz-Carlton Inspection Tour dated October 1, 1992 (available, but not necessarily to be introduced unless Council so desires) . EMC/mc Attachments jc1020. 3 cc: City Manager Planning Director Public Works Director Building Inspector Robert W. Hughes, Esq. • • , . '10 Ca BEFORE THE CITY COUNCIL OF THE. CITY OF ASPEN, COLORADO IN RE THE MATTER OF SAVANAH LIMITED PARTNERSHIP'S REQUEST FOR A SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION. This matter is before the City Council upon the petition of Savanah Limited Partnership ("Savanah") pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivi- sion Agreement for the Aspen Mountain Subdivision ("PUD Agree- ment") , seeking certain extensions in the construction scheduling for subdivision development. Pursuant to Savanah' s petition, a public hearing was convened upon notice on April 17, 1991, which was continued for further proceedings to May 21st and 29th, 1991. Savanah appeared, with legal counsel, and produced testimony and other evidence in support of its petition. Additional testimony and evidence on the matter was submitted by the City staff and members of the public. Having heard all of the offered testimony and argument and having reviewed the documentary evidence as submitted and made part of the record herein, the City Council finds as follows: 1. On March 15, 1991, Savanah submitted a written petition to the City pursuant to Section M of the PUD Agreement seeking an extension in the present construction schedule deadlines govern- , ing construction and development within the Aspen Mountain Subdivision. 2. Section M of the PUD Agreement provides as follows in its relevant part as pertinent hereto: " . . . the Owner or its successors or assigns may, on its own initiative, petition the City Council for a vari- ance, an amendment to this Agreement, or an extension of one or more of the time periods required for perfor- mance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties ' expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time peri- ods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extension(s) are beyond Oh EXHIBIT A — o. . the control of the Owner, despite good faith efforts on its part to perform in a timely manner. " 3 . Savanah seeks extensions in the current construction schedule deadlines as follows: From To (i) Certificate of Occupancy Ice Rink/Park 10/1/9.1 10/1/92 (ii) Certificate ofOccupancy Ritz-Carlton Hotel 10/1/91 10/1/92 (iii) Building Permit Issuances Ute City Place 10/1/91 4/1/92 (iv) Certificate of Occupancy Summit Place 8/1/92 8/1/93 (v) Demolition Permit Grand Aspen Hotel 10/1/94 10/1/95 4 . Savanah has alleged that the following facts and/or circumstances have caused delays in the progress of construction of the Ritz-Carlton Hotel component of the subdivision develop- ment and that such facts and circumstances were beyond its control: (i) The Persian Gulf War and resulting adverse impact on Savanah' s principal financing resources situat- ed in Saudi Arabia, including the non-liquidity and non-transferability of Saudi Arabian currency. (ii) The general economic slow down and recession im- pacting the economy of the United States and, particularly, the hotel and resort segment of same. 5. City Council finds that Savanah has been able to demonstrate by a preponderance of the testimony and evidence as established in the record that the Persian Gulf War and its resulting impact on the Saudi Arabian currency (riyal) has adversely affected Savanah's ability to finance its construction activities associated with the Aspen Mountain Subdivision and that such factors have caused delays in the progress of construc- tion that were beyond the control of Savanah despite its good faith efforts to perform. 2 410 6. City Council further finds that Savanah has not been able to demonstrate by a preponderance of the testimony and other evidence presented that general economic or recessionary condi- tions existing in the United States economy have caused delays in its construction activities or schedules associated with the development of the subdivision, or that alleged adverse economic conditions as may be affecting the project were the result of facts or circumstances beyond Savanah' s control . 7. City Council further finds that the testimony and other evidence as reflected in the record before it establishes by a preponderance that internal legal disputes and management dis- agreements between the partners have exacerbated and contributed to the delays in the project' s construction schedules and that such factors were within the control of Savanah. 8. The delays in the construction schedules for the Ritz- Carlton Hotel have and will cause significant disruption in the City' s downtown core area by extending construction activities and the adverse traffic, dust, noise and visual impacts associat- ed therewith. 9. The preponderance of the evidence presented by Savanah does not demonstrate that Savanah will complete the construction of the Ritz-Carlton Hotel, thus, warranting the imposition of additional financial assurances upon Savanah to protect the City and the citizens of Aspen from the adverse impacts of an unfin- ished construction project. NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING, City Council does hereby grant to Savanah Limited Partnership the following extensions to the construction schedule deadlines for the Aspen Mountain Subdivision, which extensions shall be incor- porated into a written amendment to the PUD Agreement pursuant to Sections M and 0(6) , subject to those terms and conditions as set forth below: EXTENSIONS FROM TO 1. Certificate of Occupancy Ice Rink/Park • 10/1/91 10/1/92 2 . Certificate of Occupancy Ritz-Carlton Hotel 10/1/91 . 10/1/92 3 . Building Permit Issuance Ute City Place 10/1/91 4/1/92 3 • 411 , \ 4 . Certificate of Occupancy Summit Place 8/1/92 8/1/93 5 . Demolition Permit for Lot 5 Grand Aspen Hotel 10/1/94 10/1/95 CONDITIONS 1. Savanah shall upgrade the entire exterior fence (with screening) adjacent to the Ritz-Carlton Hotel construction site and Ice Rink/Park site. With regard to the visual appearance of the Ice Rink/Park parcel, the fence will be moved approximately twenty feet to the South off of the Durant Street curb, and all areas exterior to the fence, except for the parking lot, shall be seeded. A gravel path shall also be installed in this area. Fugitive mud and dust prevention measures will be utilized on these sites. All construction materials stored on the Ice Rink/Park site shall be removed from public view at street level. All of these items shall be completed by August 1, 1991, and to the satisfaction of the Public Works Director. 2. The construction entry to the Blue Spruce off of Durant Street shall be cleaned up and not utilized for construction activities and the site shall continue to be fenced (with screen- ing) . This shall be completed by September 1, 1991, and to the satisfaction of the Public Works Director. 3 . The Blue Spruce structure shall be cleared of construc- tion materials and scaffolding shall be concealed from public view at street level. These items shall be completed by Septem- ber 1, 1991, and to the satisfaction of the Public Works Direc- tor. 4. A safe pedestrian path shall be installed on the East side of Mill Street between the Ritz-Carlton Hotel construction site and the Grand Aspen Hotel. This shall be completed by July 1, 1991, and to the satisfaction of the Public Works Director. 5. Temporary patch work shall be installed on Mill Street between the Grand Aspen Hotel and Ritz-Carlton construction site. This work shall be completed by August 15, 1991, and to the satisfaction of the Public Works Director. 6. Patch work on Dean Street shall be installed in front of the Grand Aspen Hotel and shall be completed by July 1, 1991, and to the satisfaction of the Public Works Director. 7. Bank stabilization on both the South and West sides of the Ritz-Carlton Hotel construction site shall be completed by 4 rAt 411 111 September 1, 1991, and to the satisfaction of the Public Works Director. 8 . Savanah shall apply for rezoning of the Ice Rink/Park parcel to a "Park" zoning designation by July 1, 1991. If Savanah does not apply for such rezoning, the City shall initiate rezoning with all fees to be paid by Savanah. 9 . Savanah shall submit a final development plan for the Ice Rink/Park parcel to the City by September 25, 1991. 10. Savanah shall- complete submission of all necessary information for a "Number 1" building the Ritz-Carlton Ii Hotel to the Building Department by July 8, ist of fthe outstanding documents and/or information Savanah has yet to provide the Building Department pursuant to its building permit application is attached hereto as Attachment 1. 1" 11. Savanah shall obtain and City shall issue the "Number 1 building permit by September 1, 1991, and all necessary fees and applicable taxes shall be paid by Savanah at that time. 12 . Savanah shall secure and fence Summit Place and remove all debris from the site. The West wall shall also be repaired. These items shall be completed by August 1, 1991, and to the satisfaction of the Public Works Director. Alternatively, Savanah may elect to demolish the Summit Place structures provid- ed that said demolition is completed by August 1, 1991. 13 . The construction schedule submitted by Savanah (Attach- ment 2) shall be substantially adhered to as determined by City staff. 14 . Savanah shall post a cash bond or similar liquid financial assurance in an amount no less than Four Million Dollars ($4, 000, 000. 00) to secure the demolition of the Ritz- Carlton Hotel site. Savanah shall have thirty (30) days from the date of this decision to reach agreement with the City Attorney as to the form of such financial assurance. The financial assurance, in a form satisfactory to the City Attorney, shall be posted by Savanah no later than September 1, 1991. ' . 15. All fees owed to the City for the processing of any land use application, including fees associated with Savanah ' s petition for a Section M amendment, shall be paid by September 1, 1991. 16 . Savanah shall have one (1 year from issuance of the demolition permit for Grand tAspen tHotel to 5 1 II :,.1: • • III III \ .4 o ";� reconstruct the. eighteen (18) residential units previously demolished pursuant to the subdivision development. This condi- tion shall constitute and be incorporated as a formal amendment to Section L of the PUD Agreement. ,,. 17 . Savanah shall comply with all representations and ^' conditions as contained in its letter dated May 1, 1991, exclud- • ing the construction schedule attached thereto, submitted by F. Belz and J. Imbriani, and addressed to the City Attorney (Attach- •`` ' ment 3 hereto) . , 18 . Savanah shall acknowledge and agree to the transfer and application by the City of some or all of the $535, 000 . 00 pledged by Savanah to secure performance of the landscaping associated _' ' with the Ritz-Carlton Hotel (such pledge presently in the form of an irrevocable letter of credit, Citibank Ref. 40051455) toward the installation and completion of public street, sidewalk, curb and gutter improvements in the subdivision in the event the hotel is not completed and funds presently or in the future to secure such improvements are or become insufficient to do so in the i'= opinion of the Public Works Director. I <'. 19. The effectiveness of the extensions as granted herein shall be contingent upon Savanah's compliance, as determined by the City Staff, with all of those conditions as set forth above. '_'` In the event that any condition as set forth above is not sub- stantially complied with, then all extensions as granted herein "' shall automatically be rendered invalid and such failure(s) to comply shall constitute non-compliance with the First Amended and Restated PUD/Subdivision Agreement. Savanah shall thereafter be '1- entitled to a hearing before City Council to determine sanctions t''` or penalties for its non-compliance, which may include the revocation or termination of any or all approvals contained in the PUD Agreement. , Done this /D� day of , 1991. City Council of the City f Aspen U By: ,si/:` Mayor s = ATT ST: V "� City Cle`• 4,. 4 :- _;„` 6 Amic SAVANAH LIMITED PARTNERSHIP Fee cli lm1(1 L. M_;lz HI i..\r.L:( iI\ isini:11 Hn; Sti' 1 9 i ;'`l September 29, 1992 C ATTORNEY'S OFFicE Aspen City Council City Attorney 130 S. Galena Street Aspen, CO 81611 Re: AMENDMENT TO AMENDED PUD AGREEMENT-ASPEN MOUNTAIN SUBDIVISION Dear Council Members, Prior to the expiration of the current deadline for a Certificate of Occupancy on The Ritz-Carlton Hotel, we are formally petitioning the Aspen City Council for an amendment to the Construction Schedule established for the Hotel in the amendment dated June 10, 1991 to the First Amended and Restated Planned Unit Development/Subdivision Agreement, Aspen Mountain Subdivision (the "PUD Agreement"). This Current Construction Schedule calls for Savanah Limited Partnership ("Savanah")to receive a Certificate of Occupancy (C.O.) on or before October 1, 1992. Savanah has devoted every available resource to the meeting of this date. However, there have been extenuating circumstances beyond the control of Savanah that we have attempted to accommodate in the Construction Schedule that will preclude us from obtaining a Certificate of Occupancy by the October 1 date. We are, therefore, hereby requesting an extension to November 9, 1992 of the time within which Savanah must obtain its Certificate of Occupancy. This request is made pursuant to the provisions -of Section "M" of the First Amended and Restated Planned Unit Development/Subdivision Agreement, which provides: "In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not reasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if Owner ( i( )O I tI >( `;I. • .L'(lil( ?O ) • \`'1)( 11 ( . ) 8HII! • .i( 1.). )�..� ._IJ_' T 2 L " .i(.:i "25-1 EXHIBIT B c c. • S Aspen City Council September 29, 1992 Page Two demonstrates by a preponderance of the evidence that the reason for the delay(s) which necessitate such extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner." The basis for this request are the following environmental and staffing factors that affected our schedule. These factors were beyond our control. 1) Availability of Labor: Despite extraordinary efforts to maintain the required manpower on the job, due to the amount of construction occurring throughout the region and the state, this was not possible. We have continually employed overtime within certain trades while always being sensitive to the effect of overtime on the long term productivity of laborers and being sensitive to the impact upon the immediate neighbors. At times during this year we have been as much as 20-30% below projected manpower needs. 2) Weight Restrictions on the Maroon Creek Bridge: This restriction increased the number of concrete trucks and other delivery vehicle trips. We had to extend our concrete pouring schedule and other delivery and material installation schedules. This restriction had a definite negative impact on our schedule. 3) Weather: The severe and abnormal snowstorm last October arrived when we were installing the roofing member on the main building. This impacted our scheduling in terms of closing in the building before winter. These factors were entirely beyond our control. The location of the site and the summer season required that we not overly expand our construction hours. Also, to ensure a quality working environment and accident free productivity, we have used selective overtime. Thus we are requesting a forty day extension to receive our C.O. We also propose that the Revised Construction Schedule provide for the following: - Substantial completion of the exterior of the hotel property and hardscape along public rights of way by October 10, 1992. - As provided in the Section M Amendment for the Ice Rink, Lot 6 will be cleaned-up by October 10, 1992. - All work past October 10, 1992 would be interior except deliveries and minor work such as punch list, landscaping, signage, etc. • Aspen City Council September 29, 1992 Page Three Given the closeness of the October 1 date we must request an immediate (i.e., within 24 hours) hearing on the matter and, of course, are hereby waiving the benefit of any hearing notice requirements contained in the PUD Agreement. Sincerely yours, SAVANAH LIMITED PARTNERSHIP By ere"! iii, inany . Belz III, Executive Director savanah\Itrs\council.pud t �- � ` •' w City,�, oa t t Its s en 130 cSouthkGa eriak'treet Aspen; Colora eo p;^ 611 •7 .-d • VIA HAND DELIVERY September 30, 1992 Ya Ferdinand C. Belz III • Executive Director Savanah Limited Partnership 600 East Cooper Avenue, Suite 200 Aspen, Colorado 81611 Re: Your September 29th Request to Amend Aspen Mountain Subdivi- sion/PUD Agreement. Dear Ferd: This office is in receipt of the above-noted request in which Savanah asks that an "immediate" hearing be convened by the City Council to address same. As you know, neither the subject PUD/Subdivision Agreement or any provision in the municipal land use code requires an immediate hearing as you request. As you also know, all but one member of the City Council is out of the country and, hence, no hearing is possible until October 13th at the earliest. In any event, the City appreciates Savanah' s desire to. act quickly on this matter and will undertake all reasonable steps to accommodate Savanah in this regard. Very truly yours, Edward M. .Caswall . City Attorney. EMC/mc . jc930. 1 cc: Robert W. Hughes , Esq. Planning Director City Manager • • Q uEC+ClCOV+vf. Eh EXHIBIT C To Amy Margerum From: Gary Lyman, Date: October 1, 1992 OLj o / Subject: Status tour of The Ritz-Carlton, October 1, 1992 , 10: 10 a.m. This is a preliminary summary of the findings of the site visit and early next week, after viewing videotape and updating status with inspectors, fire marshal, etc. , I will present a more detailed report. The hotel, as of this date, does not meet the requirements for the issuance of a Temporary Certificate of Occupancy. Ballroom area-- workman scaffolds, cords, hoses, ladders, plywood on floor; exiting was cluttered with workers ' tools, cords, scaffolds, ladders. Kitchen -- was incomplete for. equipment installations; plumbing for hand sink. Administration area -- was substantially complete with the exception of built-in shelf installation and some ceiling tile. 2nd Floor of A Building -- substantial compliance with some workmen; exiting was cluttered with workmen, tools, cords, etc. 3rd Floor of A Building substantial compliance; not quite as far as 2nd floor; exiting was cluttered with workman, etc. 4th Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential suite was in drywall hanging stage. 5th Floor of A Building -- was incomplete painting, floorcovering, plumbing; presidential suite was in framing and drywall hanging stage. Roof of A Building -- not complete for equipment installation. Exterior -- north side of building, entrance to parking garage, courtyard still under construction with scaffold, heavy equipment, bricklaying, precast being set, etc. Parking garage -- still has construction activity. In addition, it was agreed on September 9 , 1992 , that all areas of construction activity would be sealed from access from occupiable areas. This has not been accomplished. mi EXHIBIT D ,k�: X,; ` ,r, 13 I4`ca1 id .tea A r;._•t 303- ,f rney 3I3 '21 1.N VIA HAND DELIVERY AND CERTIFIED MAIL October 1, 1992 Savanah Limited Partnership c/o Ferdinand L. Belz III, Executive Director 600 East Cooper Avenue, Suite 200 Aspen, Colorado 81611 Re: Aspen Mountain Subdivision/PUD Dear Sir: Pursuant to paragraph 3 of the Amendment To The First Amended And Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision dated June 10, 1991, and Section M of the First Amended and Restated P lanned Unit Develop- ment/Subdivision P ment/Subdivision Agreement for the Aspen Mountain Subdivision dated October 3 , 1988 , this is to advise you that the City of Aspen has determined, based upon a physical inspection of the Ritz-Carlton Hotel site that Savanah Limited Partnership is not in compliance with certain terms and conditions of the above- noted PUD/Subdivision Agreement(s) . Specifically, the City has concluded that Savanah Limited Partnership has failed to meet the requirements for the issuance of a certificate of occupancy for the Ritz-Carlton Hotel by the specified date of October 1, 1992 , as set forth in the PUD/Subdivision agreement, and that such certificate of occupancy will not and cannot issue on this date. Until further notice, work may proceed in accordance with the issued building permit. Very truly yours, _Zievazoi oe( !stfeoli Edward M. Caswall City Attorney cc: Robert W. Hughes, Esq. I' •.� recycled paper AMIIIIMMEMMEMMEMEMOMMEMMIIMMEMMMEMMIM EXHIBIT E — • �, M • 0f 0 6 o • To: Amy Margerum PatdrR.��,�;ri..:: From: Gary Lyman, CBOUf7— Date: October 6, 1992 Subject: Status of the Ritz-Carlton, October 1, 1992 . As discussed in my October 1, 1992 memo, I have reviewed the record in the Building Department for information pertaining to the status of the Ritz-Carlton Hotel as of October 1, 1992 . The hotel, as of this date, did not meet the requirements for the issuance of a Temporary Certificate of Occupancy. According to our records, no final building or plumbing inspections had been requested or performed through October 1. Final mechanical inspections have been signed off for the central plant and most of the roof-top equipment on Building A. The individual rooms have not been signed off for final mechanical. Ballroom area -- workman scaffolds, cords, hoses, ladders; exiting was cluttered with workers ' tools, cords, scaffolds, ladders. The ballroom service areas, employee dining and administrative offices are complete except final inspections and some punch list items. Kitchen -- was incomplete for equipment installations; plumbing for hand sink. 2nd Floor of A Building -- substantial compliance with some workmen; exiting was cluttered with workmen, tools, cords, etc. 3rd Floor of A Building -- substantial compliance; not quite as far as 2nd floor; exiting was cluttered with workman, etc. 4th Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential .suite was in drywall hanging stage. 5th Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential suite was in framing and drywall hanging stage. Mh EXHIBIT F • Exterior -- north side of building, entrance to parking garage, courtyard still under construction with scaffold, heavy ' equipment, bricklaying, precast being set, etc. Parking garage -- still has construction activity. In addition, it was agreed on September 9, 1992 , that all areas of construction activity would be sealed from access from occupiable areas. This has not been accomplished. The Building Department staff believes the work is progressing well and they should be complete enough for the Temporary Certificate of Occupancy within approximately two to three weeks. cc: Jed Caswall Bill Efting Diane Moore • • Agt 4 it • Mt Cityolv4-,is � en , 130 South a le a treet f_ • Aspen;" Colorado 8 611• d [` October 7 , 1992 Robert W. Hughes, Esq. Oates, Hughes & Knezevich 533 East Hopkins Avenue , . Aspen, Colorado 81611 • k'c • Re: Aspen Mountain Subdivision/PUD -- Non-Compliance Hearing -- Section M Amendment Request. Dear . Bob As a follow-up to my previous letter to Ferd Belz dated September 30th regarding a hearing on Savanah Limited Partnership ' s request for a Section M amendment pertinent to the. construction schedule deadline for the Ritz-Carlton Hotel, and in response to your ' ": • letter dated October 6, 1992 , requesting a hearing relevant to '1:, possible penalties arising from the notice of non-compliance dated October 1, 1992 , and served upon Savanah on that date, this r' is to advise you that City Council will conduct the hearings as ` ' requested by Savanah on Monday, October 26, 1992 ,. at 5 : 00 o 'clock „ . p.m. , at the Aspen City Hall, 130 South Galena Street. It is possible that Council will combine the two hearings into a single . _ proceeding absent an objection from Savanah to such a procedure. '' As with previous Section M amendment requests seeking a construc- -'° • tion deadline extension, Savanah will have the burden to demon- strate by a preponderance of the evidence that the reasons neces- sitating a new deadline resulted from facts and circumstances beyond its control . Savanah has already set forth certain `., reasons in its letter dated September 29 , 1992 , justifying the }' .- extension request. Savanah has also identified the proposed new f. ..;: certificate of occupancy deadline date as November 9 , 1992 . ? Please ensure that this new date, if granted, will be adequate to k` meet your proposed construction time-table. As for the non-compliance hearing, paragraph 19 of the City Council ' s Findings and Order dated June 11, 1991, which was incorporated into the 1991 Section M amendment establishing the -,• : ,> . . present construction schedule, stipulates that the only issue(s) . to be heard by Council will be those dealing with possible penalties or sanctions arising from Savanah ' s current non-compli- ance with the existing schedule. Savanah will be entitled to ' offer facts and other evidence in explanation and/or mitigation i. EXHIBIT G . • • . Letter to Robert W. Hughes, Esq. October 7 , 1992 Page 2 of its failure to comply with the October 1, 1992 , certificate of occupancy deadline. The issue of whether a non-compliance exists, however, will not be before Council. Hearing notices will be published in a local newspaper of general circulation. The hearings will be conducted in accordance with the General Hearing Procedures as described in Section 24-6- 205 (c) of the Aspen Municipal Code, at least insofar as the same are applicable to the particular proceedings. Should you have any questions concerning the procedures or any aspect of this notice, please do not hesitate to contact me. Very truly yours, Edward M. Caswall City Attorney EMC/mc. jc107 . 1 cc: Ferd Belz, Savanah Ltd. Partnership Diane Moore, Planning Director Amy Margerum, City Manager • • • MEMORANDUM TO: Amy Margerum Jed Caswall Gary Lyman Diane Moore Wayne Vandemark Tom Baker FROM: Bob Gish DATE: October 13, 1992 RE: RITZ CARLTON MANPOWER STAFFING Attached for your information is a copy of the construction staffing levels of the Ritz Carlton project. EI A/ OCI 1 3 -1 cuvTc RFG/sp/m123.92 ga EXHIBIT H 4, RITZ-CARLTON HCaL PCL SCHEDULED VS ACTUAL MANPOWER 600 I 500 — I 400 l .� 366 • 383 �`f 341 351 I1r? 311 . 330 } 300 — ,. '289 269 288 1 250 1 OS • • 212 _ 200 — 16 150 132 - 100 — 80 • 60 !'' 62 0 10 20 / 15 0 - ; . , I I 1 1 I I I I I S SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -a_SCHEDULED MANPOWER • ACTUAL MANPOWER RITZ-CARLTON HOTEL A ASPEN,COLORADO Y DAILY FORCE SUMMARY C T C E September,1992 R 0 R R A T A A T W T F S S M T W T F S S Y T W T F S S Y T W T F S S M T W F A F O - I 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 29 30 T L T E PCL CL r •nt.55 :.i .M.C"ng.t. n.::: w:.t�...AC :yy.n...K .i.#.r i.:Y:. : #.' I::.nWf# L#nv #FW AIn`w#<3..,:•iLL....,.,:..v.i?.>: µ #le.r... q :MOM inyyki iiv' Content Finishers 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 1 5 3 3 47 2.24 :w.x.:, ::.Wx :xwvx:?nn::::::r::::::v,.w:•.:{:avn:::::::S .V.:::}}:!!p::::::?••r;:..xwn+...N,w„!.Y,.M'M,.!!i}:^:?•%H.+J.L:;nv-i?: v..w.}v.;xyy I.=.i}v,..-v-.;n••.::•- n+ :xxxx.?y:t?.:nf:... •:::::::::.:...aa::t...::a::::.:•,..,....,.,.,•,.a:...,..:.:..•,.»...:...:.:,.•..,:.•r:,.k::..::.,. ..::•< .:: .r••:•?ea;:stb...`a:�u:+-•vl,af«:,c,:. .:....a:::. ...is;�ik::. :0: :�'x..'i'c•' Cabo.r talon N14 .a•+•::::??•..... Laborers • 14 14 14 14 1 14 IS 16 IS 13 10 16 16 17 16 16 10 16 16 18 16 16 9 6 14 14 16 - 369 17.57 t M ..???.K?<.. ...h..A'm}'f.•,v,•n '? :KH :W.•.' •K! v:.� }�••�,?:,"t'r•\' t>�? i nv4:::tvt;KT.?i+� 4l4.`f{ sap.nirl9nrotfe. r"I.�""£�'`?t�:K. X. •f-::;zi::•�:#??:r.#. �: .� + .fit:::t #.<s;�. <4..._#:;>� �. s;�.:>.Y�,i���W:,�cY4 Lug i��,t "�«>.. ...t....... > DUSCONTFACTO1SI .. - R•infordnq Ste. - k t a<. r ? ...ai.:I.Nf^o ?::::;:c-::^.*.T.'�[:±+°•>:ziz S •Ski( . n .n:n. :. . WC:ii4:v::1 ills:>•8 1?vsi m3.`a.:>.aav: ` Masonry 18 18 18 16 to 16 /6 14 16 • 7 18 18 18• 16• 19 19 18 16 16 ie 1 20 20 20 413 19.67 w :•:vw��{.. c••av,{:v/.-.;;:.x,,,,,,,,:•-:y:, .•x {! .:::r e[a::: H,y^,•:'4$,`. '+i:-p-1}.C�••:yK�N��O�•�•(i"} ....2PT l $ ^m :A9",a 6ti'S1•.1 � iA:':'�'?>' ...Yi.�.!:•3��.:.'# �Yiu:'•ti�.:w�'v:pin%J:�i�.:wn?J}.\S�i::nv.wWhv}kL4.•.•AGSI. �ivlii:.�Gri:•)riWiwCS:6”"'xvsY "••r�w� � - M9MOrk GR 13 13 13 13 12 13 13 14 14 5 6 14 14 13 12 12 5 12 12 12 12 12 4 12 12 13 299 1424 MBiwork SIW ,4t`..<1#. :4W:R:.::.,.:.:f;.:: ..2!.,llP. inn's:: . :, .,. n.ti.::- :a...,.' 5.`w• .: .x:' :,i .o�'S: •n^t f.4:xt :n: ,r::: wl:r...:o:0? im, tom.i#. nS: Wet•prooM0 9 6 6 6 - 2 2 22 •�.-''�.'" w '�•�.->:1•, ? 46 R o :.L; m .wq' ra«aa rx, va.M :"4Z.r µ8A e4, f.4 VaQ. 6 Aa 8w74.1". f. g mrear i« # : Micros. 2 2 2 6 6 6 e e 8 e e e e e e 8 e4 116 5.6 2 Carpet l6 x q � x :::.4w l: 3.' . ? z: i z?«:?«4# :30n# v;3 3"z4 3 :i ew4 "u"Cw :AENZ: :A401c 2a My wa 4 46 as 25 sz 47 47 43 15 52 41 41 41 30 32 4, 40 38 26 12 32 3<- sa 865 41.19 T9• ::• ;j71;I^ i::;:.•.'.t..;:�`^:•:.p5,:}inig rw:; ti r.::: xCg M-S :• fj:.r sai �`'`.S'.•.=' f:+••::>•.•::x:.:•: .: �2 fg '' MAW, Marble 10' 12 12 12 4 12 16 20 20 8 16 20 20 20 20 17 20 23 21 20 4 16 20 20 385_ , 16.33 R.s61•ntttoodng t+ r�tnrytne f; .... .. vt.,:tEV<* + ••war,:a'S�ti,.w...MI•L'tv:..1?:\M.:i ^G LPL QA6'.Y.:': :..n:. wx,,.:.:..... a.. .... ,. ..1 :....:... .....,.:: Acoustic tile 4 3 3 2 2 2 2 2 2 2 2 3 4 2 2 2 39 1.86 ::-•+•:.,:••„,:. MIU'::.5... :::,.:,?N.M.:..:...:•;:•:...?::...,.:,....x::-.n.,,....F:•:.:.-....?.. -::...,.x:vx:xK?...??!••xy"n:.:�,-:y:N;...:�:.. ,5.. :!;{e�,3...!!!a :Eit:BgSX::+.:i Painting :JS6S�::S;,'�i`:!:.��:t:ic:n:::.,.:?. �;:.S9i4:S1S6::Z.4':_:,•48::,•;:;�5 tfkn�...:'�1 .:1.�.:o�::: .'•�c�;�iwr.::x�aL:;�:cx�E x.�.ax,:1.�'�.,,a,{�Sab.��.,•V9llt;::;lf@�':a:::a jt9i(A,;Sc: r na,. 6 6 6 6 5 6 6 6 6 6 6 6 6 7 6 7 6 134 6.38 Elevators •::S•x:6:: 6• t ig •::xx:::x:: •...:••:??:' iial.• • ..:.:..,v.... ..:.v•:::::i+x, Via; •S#•` •:•:Sony .,a... �•`•S: ! a?: MeeflaNeal �'.�:v.3e""�4 ;:�;....�....'<?•:�.n�4...?Q #4 t...�:. d�.:S:�! �.�.�5:�-.:::�.vats"'�:��•.a��.an�'�m�.:'1�.-.<.>�:..• �«,.� a'� �� ... MME ;$��. .. 6 6 6 6 5 6 5 6 65 X2.62 I Controls x... .. ..:xa:r.:m::nr.•,:»-Zy,;.-Z.,�x2'..;:'2..+-:--:ar..::.:r;r..,y.....,;?:;:-. „:??v:'r»}m:�r�. .,,.y-..�„...,„,.:!;.;:,tx:>l..:.. m ,:;.: :..;,:;0"1"01"0”: - Yak:: Metrics/ :Y.21kn;#E8y R,'r,;�J( 3f8::x:f•i:'t::i,a:.•..:6.,::IIB:u�:;.�::�:i��..5:::16:..2EE-:.:.YB:?:28f'�a98a1�.:.::::;:a:2.:?�n''�''6.�:;�:;::�:ii2...:1auL«::,,:�. 20 ...: . Ft.Protection 4 6 6 6 5 6 5 5 5 5 4 4 6 6 3 4 6 5 84 n . .. n: n... .x.v... ;. 4.00 t[cavatlon .:mwiv;fu r x m>: v» ::::::u .:w ::xv :::•:: n�::::::.:::.:: n "ix.xx:xxx:.a« wx xu > nZ'ri �ax .x aNhxM v »:.. Caulldng v. 0 0.00 y.Uet 9 )'` .l •::....:: ::. ..:k: ?.:.. Hrds Oalle w .-ih,,:::• :t ..'1T�:•%':�:•.�:.,r::??:�:::�:'i BiY:•:•:(!9-r::#L:::;�••;::::::::�',•':�.C�:....:..:.....>�at#4::::::n,:�••' .. � [f ., 6.43 ...SoY.`�::6.,, 135 a Colony Y.Wi 6 6 6 6 -••6• 6 6 6 6 6 6 6 6 6 6 8 8 8 8 •xx-`•:. --- ...?.v.?:::::::n :•J#n+.$n.>#1>.?jai::iii?.•:•'-.zi.+am>•d:#1s...Ea:�:�� �t:':Gi :<�:i :::i.H[::t?: SaS.6s ...1Fih::6£`'•:�:#{:\oi6r:SSS:::. .. 4 O:•:t.G 4 ...8 6 :.:-:r:en> H&H 4 4 .,.,.::.:..-:n.�.,.,-x::::::::,,.-rx:::,,x::.x: ::x::xn..:N:::.::x:.wx.,..,...,,..xx.,.xx::xx:::,.:::x!x..,.,.,.Wx: - ::.,.:...,:,x 63 3.00 -:rx ,::...:,.. To1Mt acc.ssort.• ,.5::<::SSSSS:S:::•SS2�S:b'.::'S:::.``S:'S:' »:•>:a•:.::::........:...:....:.......:....................r..:.:.....:......:.....r::.,..-:.:..x.::.:...:,...:x.........::.:. .::.r......:.::........•:::. Interior Concepts 0 0 00 TOTAL MANPOWER 360 362 357 285 31 0 37 361 361 351 .357 188 91 362 376 367 365 333 71 20 354 366 367 368 332 77 34 364 385 388 0_ 8072 3844 • 0 • . F 16 Aspen Tim Daly Friday,October 9,1992 PUBLIC NOTICE - RE:THE-ASPEN MOUNTAIN'SUBDIVISION (RITZ-CARLTON)SECTION M PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,October 26, 1992 at a meeting to begin at 5:00 pm before the Aspen City Council,City Council Chambers, 130 South Galena Street, Aspen, Coioradoto consider'an:application'by"Savana Laflirted Partners 4) in.accordance with Section M of,the First Amended'and Restated-PUD/SubdrvisionrAgreement for Aspen mountain subdivision requesting an extension of the PUD Construction deadline for the Ritz-Carlton Hotel ortion of the PUD/Subdivision project. For further information, portion Diane. ,. Moor at the Aspen/Pitkin Planning Office, 130 S. Galena St.;' Aspen, CO 920-5090 s/John Bennett,Mayor Aspen;City Council i ` .... •:)=( ,s;3). ,,:;; ;iii. 3 i f +l' f 3 Is 0. _ _ .Alit — EXHIBIT I —. • O a 0 r. no C 1 t en 0, o 130 %Ciia.1,11 9alebra 8 treet Asp °Colora4o ;a} 611 MEMORANDUM DATE: October 19, 1992 TO: Mayor and City Council FROM: Jed Caswall, City Attorney&/ RE: Aspen Mountain PUD/Subdivision Non-Compliance Proceeding This memo is being provided to assist in your preparation for and use at the public hearing scheduled for Monday, October 26, 1992 , relevant to Savanah Limited Partnership' s failure to timely comply with certain terms and conditions of the Aspen Mountain PUD/Subdivision Agreement relevant to the construction of the Ritz-Carlton Hotel. JURISDICTIONAL FRAMEWORK Pursuant to Section M of the First Amended and Restated PUD/Sub- division for the Aspen Mountain Subdivision (at pages 50-51) , executed between the City and Savanah Limited Partnership ("Savanah") on October 3 , 1988, the City may serve upon Savanah a notice of non-compliance when there has been a failure on Savanah' s part to adhere to established construction deadlines for the project. In June, 1991, when Savanah was granted an extension of one year in which to obtain a certificate of occu- pancy for the Ritz-Carlton Hotel component of the subdivision (from October 1, 1991 to October 1, 1992) , City Council effec- tively amended the non-compliance portion of the PUD/subdivision agreement so as to provide that in the event Savanah failed to meet the new completion date, a hearing would be conducted to determine what sanctions or penalties, if any, should be imposed upon Savanah by reason of its failure. Specifically, paragraph 19 of the findings and order entered by the Council setting the October 1, 1992 completion date for the hotel provides: The effectiveness of the extensions granted herein shall be contingent upon Savanah' s compliance, as determined by the City Staff, with all of those conditions set forth above. In the event that any condition as set forth above is not substantially complied with, then all extensions as granted herein shall automatically be rendered invalid and such pJ{PRiN gfL' 1�4iiJ RECYCLED GAPER Memorandum to Mayor and City Council October 19, 1992 Page 2 failure(s) to comply shall constitute non-compliance with the First Amended and Restated PUD/Subdivision Agreement. Savanah shall thereafter be entitled to a hearing before City Council to determine sanctions or penalties for its non-compliance, which may include the revocation or termina- tion of any or all approvals contained in the PUD Agreement. On September 28th and October 1, 1992 , City staff, and in partic- ular the Building Department, conducted thorough inspections of the Ritz-Carlton Hotel to determine whether it had reached an appropriate level of construction completion for issuance of a certificate of occupancy as called for in the PUD agreement. Those inspections showed that construction of the hotel was behind schedule, that neither a certificate of occupancy nor a temporary certificate of occupancy could issue for the hotel (or any part thereof) , and that the project was in substantial non- compliance with the PUD agreement relevant to the October 1, 1992 certificate of occupancy deadline date. On October 1, 1992 , a written notice of non-compliance was hand- delivered to Savanah. On October 6th, Savanah submitted a written request for a hearing. On October 7 , 1992 , written notice was mailed to Savanah advising it of a hearing to be conducted by City Council regarding sanctions pertinent to its non-compliance. Public notice of the hearing was published in The Aspen Times, on October 9, 1992 . As noted previously, the hearing to be conducted on October 26th by the Council is to determine what, if any, penalty should be imposed upon Savanah for missing the October 1st deadline date. Whether or not Savanah is in non-compliance with the PUD Agree- ment is not at issue. Pursuant to the 1991 Council order, Savanah has already been determined to be in non-compliance by the City staff. No penalty or sanction need be imposed if, in Council 's judgment, no useful public purpose would be served thereby. PROCEDURAL FRAMEWORK Section M of the PUD Agreement states that hearings concerning non-compliance shall be convened and conducted pursuant to those procedures established by Council for other hearings. Section 24-6-205C of the Municipal Code sets forth the general hearing - procedures to be followed in land use matters: • • Memorandum to Mayor and City Council October 19 , 1992 Page 3 (1) Testimony and evidence upon factual matters shall be given under oath or affirmation (technical rules of evidence, however, do not apply) . (2) Any person may appear and submit evidence. (3) Council may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. (4) Persons may ask relevant questions of other persons • appearing at the hearing, but only at the discretion of the Mayor. (5) Council may continue the hearing to a fixed future date and time. Savanah also has the right to request one continuance. (6) Any person representing another person or organization must present written evidence of their authority to speak on behalf of such other person or organization. (7) As a quasi-judicial proceeding, Council shall base ' any. decision arising from the hearing upon only those facts and/or evidence as presented at the hearing. (8) Any decision shall be reduced to writing and provided to Savanah. Council need not enter a determination immediately, but may defer same to a later date prior to which a' proposed written decision may be prepared by staff for Council ' s approval. Judicial review of Council ' s decision will be available to Savanah pursu- ant to Rule 106 (a) (4) of the Colorado Rules of Civil Procedure. During the hearing Savanah shall be allowed to offer facts or other evidence in explanation or mitigation of its failure to comply with the October 1st deadline. Council may ask questions of Savanah, ask questions of staff, and/or direct staff or Savanah to provide additional information. While the Planning Staff normally opens a public hearing dealing with a land use issue, in this instance the need for such an opening presentation is minimal in that the fact of Savanah' s non-compliance is already established. Public comment or testimony should follow Savanah's presentation with Savanah and staff being allowed to follow up thereafter. Savanah should be permitted to make any final comments or argument. Memorandum to Mayor and City Council October 19 , 1992 Page 4 MISCELLANEOUS Also on Council ' s agenda for October 26th is a public hearing to determine Savanah' s previously submitted request for an amendment in the construction schedule for the Ritz-Carlton Hotel. Savanah submitted the amendment request on September 29, 1992 . This public hearing has also been publicly noticed in the newspaper. Council may wish to combine the two hearings into one proceeding. It should also be noted that Savanah continues to work on com- pleting the hotel pending the non-compliance hearing and that it is possible that it could effectively moot the issue by bringing the project into compliance and securing a certificate of occu- pancy prior to the 26th. APPENDIX Attached for your information and inclusion into the public record at the hearing are the following documents: "A" City Council Findings, Conclusions and Order Re: Sec- tion M Amendment Establishing Construction. Schedule Deadline, June 10, 1991. "B" . G. Lyman Memo Re: Temporary Certificate of Occupancy For The Ritz-Carlton Hotel, September 14 , 1992 . "C" B. Gish Memo Re: Ritz Carlton Certificate Of Occupancy, September 25, 1992 . "D" G. Lyman Memo Re: Temporary Certificate of Occupancy For Ritz-Carlton, September 29, 1992 (with attachment) . "E" Savanah Request For Section M Amendment, September 29 , 1992 . "F" G. Lyman Memo Re: Status Tour Of Ritz-Carlton, October 1, 1992 . "G" E. Caswall Letter Re: Savanah's Request For Immediate Hearing, September 30, 1992 . "H" Notice of Non-Compliance, October 1, 1992 . "I" Request For Hearing, October 6, 1992 . 0 S • Memorandum to Mayor and City Council October 19 , 1992 Page 5 "J" G. Lyman Memo Re: Status of Ritz-Carlton, October 6, 1992 . "K" Notice of Non-Compliance Hearing, October 7, 1992 . "L" B. Gish Memo Re: Ritz-Carlton Manpower Staffing, Octo- ber 13 , 1992 : "M" Published Notice Of Hearing, October 9, 1992 . "N" Video tapes of 10/1/92 inspection tour (available, but not necessarily to be introduced unless Council so desires) . EMC/mc jc1019 . 1 cc: City Manager Public Works Director Building Inspector Robert W. Hughes, Esq. Planning Director 4 BEFORE THE CITY COUNCIL OF THE. CITY OF ASPEN, COLORADO IN RE THE MATTER OF SAVANAH LIMITED PARTNERSHIP'S REQUEST FOR A SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION. This matter is before the City Council upon the petition of Savanah Limited Partnership ("Savanah") pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivi- sion Agreement for the Aspen Mountain Subdivision ("PUD Agree- ment") , seeking certain extensions in the construction scheduling for subdivision development. Pursuant to Savanah' s petition, a public hearing was convened upon notice on April 17, 1991, which was continued for further proceedings to May 21st and 29th, 1991. Savanah appeared, with legal counsel, and produced testimony and other evidence in support of its petition. Additional testimony and evidence on the matter was submitted by the City staff and members of the public. Having heard all of the offered testimony and argument and having reviewed the documentary evidence as submitted and made part of the record herein, the City Council finds as follows: 1. On March 15, 1991, Savanah submitted a written petition to the City pursuant to Section M of the PUD Agreement seeking an extension in the present construction schedule deadlines govern- ing construction and development within the Aspen Mountain Subdivision. 2 . ' Section M of the PUD Agreement provides as follows in its relevant part as pertinent hereto: " . . . the Owner or its successors or assigns may, on its own initiative, petition the City Council for a vari- ance, an amendment to this Agreement, or an extension of one or more of the time periods required for perfor- mance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties ' expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time peri- ods for performance indicated in one or more of the Construction Schedules if Owner demonstrates by a 8 preponderance of the evidence that the reasons for the delay(s) which necessitate such extension(s) are beyond AM MMIIMMOMMOMMEMEMMI -- Exhibit A _} 01) • the control of the Owner, despite good faith efforts on its part to perform in a timely manner. " 3 . Savanah seeks extensions in the current construction schedule deadlines as follows: From . To (i) Certificate of Occupancy Ice Rink/Park 10/1/91 10/1/92 (ii) Certificate ofOccupancy Ritz-Carlton Hotel 10/1/91 10/1/92 (iii) Building Permit Issuances Ute City Place 10/1/91 4/1/92 (iv) Certificate of Occupancy Summit Place 8/1/92 8/1/93 (v) Demolition Permit Grand Aspen Hotel 10/1/94 10/1/95 4 . Savanah has alleged that the following facts and/or circumstances have caused delays in the progress of construction of the Ritz-Carlton Hotel component of the subdivision develop- ment and that such facts and circumstances were beyond its control: (i) The Persian Gulf War and resulting adverse impact on Savanah' s principal financing resources situat- ed in Saudi Arabia, including the non-liquidity and non-transferability of Saudi Arabian currency. (ii) The general economic slow down and recession im- pacting the economy of the United States and, particularly, the hotel and resort segment of same. 5. City Council finds that Savanah has been able to demonstrate by a preponderance of the testimony and evidence as established in the record that the Persian Gulf War and its resulting impact on the Saudi Arabian currency (riyal) has adversely affected Savanah's ability to finance its construction activities associated with the Aspen Mountain Subdivision and that such factors have caused delays in the progress of construc- tion that were beyond the control of Savanah despite its good faith efforts to perform. 2 j,- 10(11° 400 6. City Council further finds that Savanah has not been able to demonstrate by a preponderance of the testimony and other evidence presented that general economic or recessionary condi- tions existing in the United States economy have caused delays in its construction activities or schedules associated with the development of the subdivision, or that alleged adverse economic conditions as may be affecting the project were the result of facts or circumstances beyond Savanah' s control. 7 . City Council further finds that the testimony and other evidence as reflected in the record before it establishes by a preponderance that internal legal disputes and management dis- agreements between the partners have exacerbated and contributed to the delays in the project' s construction schedules and that such factors were within the control of Savanah. 8 . The delays in the construction schedules for the Ritz- Carlton Hotel have and will cause significant disruption in the City' s downtown core area by extending construction activities and the adverse traffic, dust, noise and visual impacts associat- ed therewith. 9. The preponderance of the evidence presented by Savanah does not demonstrate that Savanah will complete the construction of the Ritz-Carlton Hotel, thus, warranting the imposition of additional financial assurances upon Savanah to protect the City and the citizens of Aspen from the adverse impacts of an unfin- ished construction project. NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING, City Council does hereby grant to Savanah Limited Partnership the following extensions to the construction schedule deadlines for the Aspen Mountain Subdivision, which extensions shall be incor- porated into a written amendment to the PUD Agreement pursuant to Sections M and 0(6) , subject to those terms and conditions as set forth below: EXTENSIONS FROM TO 1. ' Certificate of Occupancy Ice Rink/Park 10/1/91 10/1/92 2 . Certificate of Occupancy Ritz-Carlton Hotel 10/1/91 10/1/92 3 . Building Permit Issuance Ute City Place 10/1/91 4/1/92 3 00 \\ 4 . Certificate of Occupancy \\\\ Summit Place 8/1/92 8/1/93 5 . Demolition Permit for Lot 5 Grand Aspen Hotel 10/1/94 - 10/1/95 CONDITIONS 1. Savanah shall upgrade the entire exterior fence (with screening) adjacent to the Ritz-Carlton Hotel construction site and Ice Rink/Park site. With regard to the visual appearance of the Ice Rink/Park parcel, the fence will be moved approximately twenty feet to the South off of the Durant Street curb, and all areas exterior to the fence, except for the parking lot, shall be seeded. A gravel path shall also be installed in this area. ~- Fugitive mud and dust prevention measures will be utilized on these sites. All construction materials stored on the Ice Rink/Park site shall be removed from public view at street level. All of these items shall be completed by August 1, 1991, and to the satisfaction of the Public Works Director. 2 . The construction entry to the Blue Spruce off of Durant Street shall be cleaned up and not utilized for construction activities and the site shall continue to be fenced (with screen- ing) . This shall be completed by September 1, 1991, and to the satisfaction of the Public Works Director. 3 . The Blue Spruce structure shall be cleared of construc- tion materials and scaffolding shall be concealed from public view at street level. These items shall be completed by Septem- ber 1, 1991, and to the satisfaction of the Public Works Direc- tor. 4. A safe pedestrian path shall be installed on the East side of Mill Street between the Ritz-Carlton Hotel construction site and "the Grand Aspen Hotel. This shall be completed by July 1, 1991, and to the satisfaction of the Public Works Director. 5. Temporary patch work shall be installed on Mill Street between the Grand Aspen Hotel and Ritz-Carlton construction site. This work shall be completed by August 15, 1991, and to the satisfaction of the Public Works Director. 6. Patch work on Dean Street shall be installed in front of the Grand Aspen Hotel and shall be completed by July 1, 1991, and to the satisfaction of the Public Works Director. 7 . Bank stabilization on both the South and West sides of the Ritz-Carlton Hotel construction site shall be completed by 4 410 410‘ September 1, 1991, and to the satisfaction of the Public Works Director. 8 . Savanah shall apply for rezoning of the Ice Rink/Park parcel to a "Park" zoning designation by July 1, 1991. If Savanah does not apply for such rezoning, the City shall initiate rezoning with all fees to be paid by Savanah. 9 . Savanah shall submit a final development plan for the Ice Rink/Park parcel to the City by September 25, 1991. 10. Savanah shall-complete submission of all necessary information for a "Number 1" building permit for the Ritz-Carlton Hotel to the Building Department by July 8, 1991. A list of the outstanding documents and/or information Savanah has yet to provide the Building Department pursuant to its building permit application is attached hereto as Attachment 1. i 11. Savanah shall obtain and City shall issue the "Number 1" building permit by September i, 1991, and all necessary fees and applicable taxes shall be paid by Savanah at that time. 12 . Savanah shall secure and fence Summit Place and remove all debris from the site. The West wall shall also be repaired. , These items shall be completed by August i, 1991, and to the satisfaction of the Public Works Director. Alternatively, Savanah may elect to demolish the Summit Place structures provid- ed that said demolition is completed by August 1, 1991. 13 . The construction schedule submitted by Savanah (Attach- ment 2) shall be substantially adhered to as determined by City staff. 14 . Savanah shall post a cash bond or similar liquid financial assurance in an amount 'no less than Four Million Dollars ($4, 000, 000. 00) to secure the demolition of the Ritz- Carlton Hotel site. Savanah shall have thirty (30) days from the date of this decision to reach agreement with the City Attorney as to the form of such financial assurance. The financial assurance, in a form satisfactory to the City Attorney, shall be posted by Savanah no later than September 1, 1991. 15. All fees owed to the City for the processing of any land use application, including fees associated with Savanah's petition for a Section M amendment, shall be paid by September 1, 1991. 16 . Savanah shall have one (1) year from the date of issuance of the demolition permit for the Grand Aspen Hotel to 5 ;,1,1 III • . , yr `t} reconstruct the, eighteen (18) residential units previously "` `" demolished pursuant to the subdivision development. This condi- .. tion shall constitute and be incorporated as a formal amendment . to Section L of the PUD Agreement. TS. � 0 17 . Savanah shall comply with all representations and conditions as contained in its letter dated May 1, 1991, exclud- ing the construction schedule attached thereto, submitted by F. Ai A Belz and J. Imbriani, and addressed to the City Attorney (Attach- ' ment 3 hereto) . '' ,,l, 18 . Savanah shall acknowledge and agree to the transfer and �;y, 1.;''1 application by the City of some or all of the $535, 000. 00 pledged `1:° by Savanah to secure performance of the landscaping associated ti;'s with the Ritz-Carlton Hotel . (such pledge presently in the form of . `ti? an irrevocable letter of credit, Citibank Ref. 40051455) . toward v'.'=', the installation and completion of public street, sidewalk, curb and gutter improvements in the subdivision in the event the hotel. Ada:, is not completed and funds presently or in the future to secure r . such improvements are or become insufficient to do so in the tom ; opinion of the Public Works Director. 19 . The effectiveness of the extensions as granted herein ; 6 shall be contingent upon Savanah' s compliance, as determined by _ ;,' the City Staff, with all of those conditions as set forth above. Y'i' In the event that any condition as set forth above is not sub- ;$;:` stantially complied with, then all extensions as granted herein °a shall automatically be rendered invalid and such failure(s) to :M1: comply shall constitute non-compliance with the First Amended and s k Restated PUD/Subdivision Agreement. Savanah shall thereafter be ter, entitled to a hearing before City Council to determine sanctions :;< : or penalties for its non-compliance, which may include the revocation or termination of any or all approvals contained in i^ the PUD Agreement. s:t: J Done this /d day of , 1991. -*`a City Council of the City f Aspen By: :`4 .4.- Mayor ATT ST: ,;.,,, /eL(__ ,,,,, i •:'_ City Cie/ ;`s,.. K, 6 41/ 11 410 N M E M O R A N D U M To: Tom Dunlop, Environmental Health Diane Moore, Planning Department Bill Drueding, Zoning Department SO / 9 Judy McKenzie, Water Department l %1 Wayne Vandemark, Fire Marshal C•i1.4 Chuck Roth, Engineering Department Jed. Caswall, City Attorney 'Bob Gish, Public Works Department George Robinson, Parks Department Tom Baker, Housing Authority Bruce Matherly, Aspen Consolidated Sanitation District Dallas Everhart, Finance Department Craig Murray, Holy Cross Electric Ray Patch, Rocky Mountain Natural Gas From: Gary Lyman, CBO, Building Department C- Date: September 14, 1992 Subject: Temporary Certificate of Occupancy for the Ritzar.lton; Hotel Bechtel has requested that the Ritz be considered for a Temporary Certificate of Occupancy effective October 1, 1992 . The conditions for issuance being discussed. are: 1. Not open to public; for occupancy of Ritz personnel for hiring and training purposes. • 2 . An expiration for the first week of December (approximate) which means final Certificate of Occupancy will have to be obtained prior. 3 . Occupiable areas will be completely . free of workmen, tools, cords, ho+s, ladders, scaffold, construction equipment, etc. 4 . Unoccupiable areas to be. secured to not allow access by other than construction personnel. The areas that are projected to be incomplete are: Upper ski lounge, lobby lounge, and grand stair will be short carpet and millwork. Fourth, fifth, and sixth floors of B Building will still need carpet, paint, and punch list. The public elevators will be short millwork. The bridge from Building A to The Blue Spruce will be incomplete. Twenty fire-rated doors will not be hung. The health club, fine dining, and . Blue Spruce retail will be incomplete. • 1 • Exhibit B .�.. - K r AIJII 411 If you or your department have any concerns with the issuance of. a Temporary Certificate of Occupancy under these terms, please inform me of those concerns so that I can see that they are resolved or the TCO not issued, whichever is appropriate. Please have your concerns submitted to my office no later than September 18 , 1992, or sooner if possible. cc: Amy Margerum, City Manager Stan Berryman, County Public Works 1r • Fs'v MEMORANDUM TO: Gary Lyman Diane Moore Jed Caswall Wayne Vandermark George Robinson Tom Dunlop Tom Baker SEP 2 8 FROM Robert Gish &Olt DATE: September 25, 1992 RE: RITZ CARLTON CERTIFICATE OF OCCUPANCY Gary Lyman will take the lead in issuing the temporary Certificate of Occupancy for the Ritz Carlton Hotel. For Gary to issue this permit, all of the provisions of the PUD and conditions established, must meet all of your approvals. Please review Gary's September 16, 1992 letter. The Certificate of Occupancy must be earned by their actions. The conditions we set forth in our September 9, 1992 meeting must be met to issue the certificate. If the certificate cannot be issued then it must be held until the conditions are met. I met with John Cunningham today and we discussed the following issues. * The ice rink location will be cleared of all construction materials and the site graded smooth. No gravel or temporary landscaping will be installed. The conditions of the ice rink approvals shall dictate the use and condition of. the property. The area cannot be used for parking. * Storage of materials will be allowed on the top of Mill site. I will follow up in the next several weeks to develop a phase-out program of the materials or a plan to allow continual usage of the property. * I have requested again that they voluntarily do not park employees' cars along Monarch and adjacent streets to lessen the impact to the neighborhood. They have agreed to use the Ritz Parking Garage for some portion of the cars. * The bridge will not be completed as indicated in our earlier meeting. a . i Exhibit C ""j / Ritz Carlton Certificate of Occupancy September 25, 1992 Page Two As I will be out of town next week, Rob Thomson will review the conditions of approval for the Public Works Department. My recommendation to Gary is to review the issuance of the Certificate of Occupancy with Jed before it is issued. cc: Rob Thomson Jack Reid RFG/sp/m 120.92 Akt. Aar _ L---- R.j��wq M E M O R A N D U M ml SEP 2 9 ;;-2 To: Amy Margerum CTI From: Gary Lyman, C. B.O. 6-4----- ' ,-r-, - :� � lJ Date: September 29 , 1992 Subject: Temporary Certificate of Occupancy for Ritz Carlton As you are aware, agreements were reached September 9, 1992 , in a meeting with. PCL, Bechtel , Savanah, various subcontractors, and city staff to include Bob Gish, Wayne Vandemark, Diane Moore, Jed Caswall, and myself. These agreements detailed what would not be complete as of October 1. All city staff present agreed we could accommodate a temporary Certificate of Occupancy under certain conditions described in my September 14 memo to department heads and in Jed' s September 16 memo to City Council (both attached) . It is important to note that these agreements were forged around Bechtel 's, PCL' s, and Savanah' s requests and were exactly what they wanted. Monday afternoon, I took considerable time to inspect the Ritz to see for myself the progress. During this inspection, it became glaringly obvious that they could not be even close to complying with the terms agreed to for the TCO. My estimate at this time is that they are at least two to three weeks behind schedule. Therefore, I will not be in a position to sign off on a temporary Certificate of Occupancy as originally expected. Thursday, October 1, Diane Moore and myself plan on doing a site visit so that I can report back to you in a detailed account of the status of progress. Exhibit D / . , • r • City, o�f� s en 130 SSouth1 �-�alena Street 1` A , .„ ,` fir, r,. Asper olorad.�yyo� $1 611 MEMORANDUM DATE: September 16, 1992 TO: Mayor and City Council FROM: Jed Caswall, City Attorney L RE: Ritz Hotel Construction Schedule Update Staff (B. Gish, G. Lyman, S. Kanipe, W. Vandemark, D. Moore and myself) met with Savanah, Bechtel, PCL and various subcontractor officials last Wednesday (9/9/92) to assess the construction progress for the Ritz with an eye to the October 1st PUD certifi- cate of occupancy date. You may recall from my memo to you dated August 4th that I thought the Ritz folks were going to fall a little short in making the October 1st date and, in view of our meeting last week, it appears that such will be the case. Our meeting lasted for approximately two hours and was very productive. Each aspect of the hotel complex was reviewed utilizing blueprints illustrating the various stages of construc- tion. Mechanical, structural and life/safety issues were gone over in detail. A bottom-line summary is as follows. - The Ritz will not be ready for opening to the public by October 1st. - Assuming that Bechtel/PCL keep to the schedule as represented on Wednesday, and get done the things they say they will have done, the Ritz should be ready and eligible for a temporary or partial certificate of occupancy by October 1st. A temporary certificate of occupancy would reflect compliance by the Ritz with all health and safety requirements and conformance with, the Uniform Building Code standards, and would allow Ritz personnel to occupy various parts of the complex for hiring and training purposes. The public and other non-construction person- nel, however, would not have access to the facility. - Construction activities remaining after October 1st would include: Sc IC . Memorandum to Mayor and City Council September 16, 1992 Page 2 - Interior finish work throughout many areas of the hotel (e.g. , mill work, carpeting installation, painting, door installation, etc. ) . - Exterior finish work on the "bridge" connecting the Blue Spruce to the main hotel (this will in- clude the use of a mobile crane to install the pre-cast trim) . - Installation/completion of public elevators. - Interior ("tenant finish") for retail spaces and the Blue Spruce. - Installation/construction of the health club. Installation/construction of the fine dining room. - Installation/completion of the apres ski lounge. - Anticipated continuing public impacts beyond October 1st include: - Truck traffic, including semi-trucks, will contin- ue to deliver at the site for two months. Even after construction halts, furniture and other furnishings will continue to be delivered. (We have asked Savanah/Bechtel/PCL to suggest a deliv- ery schedule setting restricted hours for truck deliveries. ) - A mobile crane will remain on site until the pre- cast trim is completely installed on the Blue Spruce bridge. - Labor force traffic/parking (we have asked Savanah/Bechtel/PCL to clear the Ritz garage and require all workmen to park in the garage instead of on the streets) . - Storage of materials at Top-of-Mill to continue. - Anticipated mitigation to have been completed by October 1st, include: l�. .c IC Memorandum to Mayor and City Council September 16, 1992 Page 3 Streets, sidewalks and gutters around hotel to be complete. - Landscaping to be complete except for plantings that require a later installation due to seasonal considerations. - Dean Street (vacated) to be completed and cleared. - Ice rink/park lot to be cleared and graded (no storage) . - Miscellaneous - Ute City Place, a deed restricted housing complex for 37 employees, will also not be completed by October 1st, although under the terms of the Ritz PUD, Savanah may temporarily deed restrict a corresponding number of rooms in the Grand Aspen to take the place of the Ute City Place housing until Ute City Place is completed. Again, a temporary certificate of occupancy will allow the occupancy of those completed portions of the hotel by Ritz personnel for training, facility familiarization, etc. Such areas will be free of construction workers, tools, ladders, equipment, cords, etc. Non-permitted areas will be restricted to construction personnel only. The Building Department is present- ly forecasting that the expiration date for the temporary C/O will be sometime during the first week in December. Between October 1st and the first week in December it is antici- pated that the following work will be completed: - Health club (11/30) - Blue Spruce Bridge (11/30) - Building B interior (10/2-10/16) - Landscape to completion (11/1) - Public elevators (10/24) All mill work (10/30) All fire doors (10/13) - Pre-cast storage at Top-of-Mill ended (10/30) (still some miscellaneous storage to continue, i.e. , jersey barriers until sold) . Final completion dates for the fine dining and apres ski lounge remain uncertain as of this writing. The fine dining may be delayed to as late as 2/93 . Savanah has advised us confidential- • l Memorandum to Mayor and City Council September 16, 1992 Page 4 ly that the currently projected public opening is set for the weekend of 12/11-12/12 . The PUD requires that the hotel be "substantially" completed by October 1st and that a certificate of occupancy issue. From a technical standpoint, it could be argued that Savanah has failed to meet the PUD deadline by reason of its inability to secure a final certificate of occupancy. However, the Building Department confirms that from a construction and .Uniform Building Code perspective, the hotel will be substantially complete and eligi- ble for issuance of a temporary certificate of occupancy on October 1st. The consensus of the City Staff is that Savanah has and is substantially complying with the terms of the PUD and the amendments thereto, and that no enforcement action need be taken so long as Savanah/Bechtel/PCL adhere to their representations concerning the scheduled minimization and elimination of the impacts from the project on the surrounding neighborhood and City. generally. Staff has impressed upon Savanah, et al. , the impor- tance and necessity of terminating all exterior construction activities as soon as possible and minimizing the impact of the continuing interior work by implementing parking for the workers in the garage, scheduling deliveries`; etc. Regular monitoring of the project will continue to ensure progress and compliance. (For your information, Bechtel claims that the single biggest reason for the various delays in completing the project has been an inability to secure enough skilled workmen necessary to get the work done. Manpower levels did not meet and exceed antici- pated numbers until mid-August. Additionally, the project has been delayed by the untimely delivery of special order construc- tion materials, e.g. , special pre-cast trim, etc. ) . As outlined above, the current plan is to issue a temporary C/O for the Ritz on October 1st. If asked, staff will advise the press and public that there has been substantial compliance with the terms of the PUD and that no enforcement action (or permit revocation) is contemplated so long as work continues to comple- tion as scheduled. Monitoring and inspections will continue. Savanah still needs to submit an application for certain PUD amendments (i.e. , the Blue Spruce) , and we have stressed that they should get it in before October. We also expect Savanah to deposit the $700, 000 for the ice rink into an escrow fund. If there are any variations from what is described above, staff will get back to the Council with the information. Memorandum to Mayor and City Council September 16 , 1992 Page 5 If any councilmember has questions concerning anything discussed above, or if you disagree with the proposed course of action, please let Amy or me know. Thank you. EMC/mc jc916. 1 cc: Amy Margerum, City Manager Bob Gish, Public Works Gary Lyman, Building Department Diane Moore, Planning Department • •c SAVANAH LIMITED PARTNERSHIP (t�� X I'e; n'in i L. lz III l Cli � I3e C Srr 2 9 i r,l September 29, 1992 C y ATTORNEY'S OFFICE Aspen City Council City Attorney 130 S. Galena Street Aspen, CO 81611 Re: AMENDMENT TO AMENDED PUD AGREEMENT-ASPEN MOUNTAIN SUBDIVISION Dear Council Members, Prior to the expiration of the current deadline for a Certificate of Occupancy on The Ritz-Carlton Hotel, we are formally petitioning the Aspen City Council for an amendment to the Construction Schedule established for the Hotel in the amendment dated June 10, 1991 to the First Amended and Restated Planned Unit Development/Subdivision Agreement, Aspen Mountain Subdivision (the "PUD Agreement"). This Current Construction Schedule calls for Savanah Limited Partnership ("Savanah")to receive a Certificate of Occupancy (C.O.) on or before October 1, 1992. Savanah has devoted every available resource to the meeting of this date. However, there have been extenuating circumstances beyond the control of Savanah that we have attempted to accommodate in the Construction Schedule that will preclude us from obtaining a Certificate of Occupancy by the October 1 date. We are, therefore, hereby requesting an extension to November 9, 1992 of the time within which Savanah must obtain its Certificate of Occupancy. This request is made pursuant to the provisions of Section "M" of the First Amended and Restated Planned Unit Development/Subdivision Agreement, which provides: "In addition to the foregoing(the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance under the Construction Schedules or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not reasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if Owner ( ,OO H ( .1)011(:[ H. • Lmik, 'OO • A�IJC:IL (,O HI H • .;().i% 12:3 •H r.\\ Exhibit E -I k • • Aspen City Council September 29, 1992 Page Two demonstrates by a preponderance of the evidence that the reason for the delay(s) which necessitate such extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner." The basis for this request are the following environmental and staffing factors that affected our schedule. These factors were beyond our control. 1) Availability of Labor: Despite extraordinary efforts to maintain the required manpower on the job, due to the amount of construction occurring throughout the region and the state, this was not possible. We have continually employed overtime within certain trades while always being sensitive to the effect of overtime on the long term productivity of laborers and being sensitive to the impact upon the immediate neighbors. At times during this year we have been as much as 20-30% below projected manpower needs. 2) Weight Restrictions on the Maroon Creek Bridge: This restriction increased the number of concrete trucks and other delivery vehicle trips. We had to extend our concrete pouring schedule and other delivery and material installation schedules. Po g rY This restriction had a definite negative impact on our schedule. 3) Weather: The severe and abnormal snowstorm last October arrived when we were installing the roofing member on the main building. This impacted our scheduling in terms of closing in the building before winter. These factors were entirely beyond our control. The location of the site and the summer season required that we not overly expand our construction hours. Also, to ensure a quality working environment and accident free productivity, we have used selective overtime. Thus we are requesting a forty day extension to receive our C.O. We also propose that the Revised Construction Schedule provide for the following: - Substantial completion of the exterior of the hotel property and hardscape along public rights of way by October 10, 1992. As provided in the Section M Amendment for the Ice Rink, Lot 6 will be cleaned-up by October 10, 1992. - All work past October 10, 1992 would be interior except deliveries and minor work such as punch list, landscaping, signage, etc. 11/ c Aspen City Council September 29, 1992 Page Three Given the closeness of the October 1 date we must request an immediate (i.e., within 24 hours) hearing on the matter and, of course, are hereby waiving the benefit of any hearing notice requirements contained in the PUD Agreement. Sincerely yours, SAVANAH LIMITED PARTNERSHIP By Arf er•inane . Belz III, Executive Director savanah\]trs\council.pud r To Amy Margerum From: Gary Lyman, CBO G).--- Date: October 1, 1992 Ocj O / Subject: Status tour of The Ritz-Carlton, October 1, 1992 , 10: 10 a.m. ;C- This is a preliminary summary of the findings of the site visit and early next week, after viewing videotape and updating status with inspectors, fire marshal, etc. , I will present a more detailed report. The hotel, as of this date, does not meet the requirements for the issuance of a Temporary Certificate of Occupancy. Ballroom area -- workman scaffolds, cords, hoses, ladders, plywood on floor; exiting was cluttered with workers ' tools, cords, scaffolds, ladders. Kitchen -- was incomplete for equipment installations; plumbing for hand_ sink. Administration area -- was substantially complete with the exception of built-in shelf installation and some ceiling tile. 2nd Floor of A Building -- substantial compliance with some workmen; exiting was cluttered with workmen, tools, cords, etc. 3rd Floor of A Building -- substantial compliance; not quite as far as 2nd floor; exiting was cluttered with workman, etc. 4th. Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential suite was in drywall hanging stage. 5th Floor of A Building -- was incomplete painting, floorcovering, plumbing; presidential suite was in framing and drywall hanging stage. Roof of A Building -- not complete for equipment installation. Exterior -- north side of building', entrance to parking garage, courtyard still under construction with scaffold, heavy equipment, bricklaying, precast being set, etc. Parking garage -- still has construction activity. In addition, it was agreed on September 9 , 1992 , that all areas of construction activity would be sealed from access from occupiable . areas. This has not been accomplished. AM Exhibit F n � 4? • O ! i Cty, oa ItS en 130 SSouthcGa ena c treet Asp if4to1 eo 611 VIA HAND DELIVERY ' September 30 ,. 1992 Ferdinand C. Belz III Executive Director Savanah Limited Partnership 600 East Cooper Avenue, Suite 200 Aspen, Colorado 81611 Re: Your September 29th Request to Amend Aspen Mountain Subdivi- sion/PUD Agreement. Dear Ferd: This office is in receipt of the above-noted request in which Savanah asks that an "immediate" hearing be convened by the City Council to address same. As you know, neither the subject PUD/Subdivision Agreement or any provision in the municipal land use code requires an immediate hearing as you request. As you also know, all but one member of the City Council is out of the country and, hence, no hearing is possible until October 13th at the earliest. In any event, the City appreciates Savanah' s desire to act quickly on this matter and will undertake all reasonable steps to accommodate Savanah in this regard. Very truly yours, -)4/114 /(/- dtarkfle Edward M. Caswall City Attorney EMC/mc jc930. 1 cc: Robert W. Hughes, Esq. Planning Director City Manager On Exhibit G ir or CITY PEN 13$ 4' i,.s y )tt i( .°4 9 Q.•t —11, 44V404910. � 303-' 2,TS:t �A�t��' i`rney 31 -°2� 10 VIA HAND DELIVERY AND CERTIFIED MAIL October 1, 1992 Savanah Limited Partnership c/o Ferdinand L. Belz III, Executive Director 600 East Cooper Avenue, Suite 200 Aspen, Colorado 81611 Re: Aspen Mountain Subdivision/PUD Dear Sir: Pursuant to paragraph 3 of the Amendment To The First Amended And Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision dated June 10, 1991, and Section M of the First Amended and Restated Planned Unit Develop- ment/Subdivision Agreement for the Aspen Mountain Subdivision dated October 3, 1988 , this is to advise you that the City of Aspen has determined, based upon a physical inspection of the Ritz-Carlton Hotel site that Savanah Limited Partnership is not in compliance with certain terms and conditions of the above- noted PUD/Subdivision Agreement(s) . Specifically, the City has concluded that Savanah Limited Partnership has failed to meet the requirements for the issuance of a certificate of occupancy for the Ritz-Carlton Hotel by the specified date of October 1, 1992, as set forth in the PUD/Subdivision agreement, and that such certificate of occupancy will not and cannot issue on this date. Until further notice, work may proceed in accordance with the issued building permit. Very truly yours, ./&lei 111. &it ei°d0#11, Edward M. Caswall City Attorney cc: Robert W. Hughes, Esq. •*I recycled paper - _ �I Exhibit H I ABC LAW OFFICES OF OATES. HUGHES & KNJ ZEVIC1I PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 �- LEONARD M.OATES - _ ' AREA CODE 303 ROBERT W. HUGHES TELEPHONE 020-1700• ' RICHARD A. KNEZEVICH ' TELECOPIER 9201121 TF:0 D. GARDENSWARTZ (� OF COUNSEL: October 6, 1992 l 7 O JOHN O HN THOMAS KELLY / • HAND DELIVERY • • • Amy Margerum Aspen City Manager . 130 South Galena • Aspen, Colorado 81611 • • RE: Aspen Mountain Subdivision/PUD October 1, 1992 Notice of Non-Compliance Dear Amy: On behalf of Savanah Limited Partnership, and pursuant to the terms of the First • Amended and Restated Planned Unit Development/Subdivision Agreement and amendments thereto, this shall constitute a request for a hearing before the Aspen City Council with respect to any sanctions or penalties that may be imposed by reason of the finding by the City of non- compliance on the part of Savanah under the PUD Agreement, as such finding has been evidenced in the above-referenced notice. • Savanah further requests that a hearing be held in the soonest time possible in the circumstances. Sincerely, OAT ',I A GI I . & KNEZEVICH, P.C. By: 21111 Rose W. Hughes RW H/yu cc: ,/Edward M. Caswall, Esq. (Hand Delivery) •.Perry..Harvey a avau all\Ilra\ma rgcnun.01 • Exhibit I I • • • OCT 06 : ? 07 , To: Amy Margerum q� Ci:d 4P l.J From: Gary Lyman, CBO(/ Date: October 6, 1992 Subject: Status of the Ritz-Carlton, October 1, 1992 . As discussed in my October 1, 1992 memo, I have reviewed the record in the Building Department for information pertaining to the status of the Ritz-Carlton Hotel as of October 1, 1992. The hotel, as of this date, did not meet the requirements for the issuance o q of a Temporary Certificate of Occupancy. According to our records, no final building or plumbing inspections had been requested or performed through October 1. Final mechanical inspections have been signed off for the central plant and most of the roof-top equipment on Building A. The individual rooms have not been signed off for final mechanical. Ballroom area -- workman scaffolds, cords, hoses, ladders; exiting was cluttered with workers ' tools, cords, scaffolds, ladders. The ballroom service areas, employee dining and administrative offices are complete except final inspections and some punch list items. Kitchen -- was incomplete for equipment installations; plumbing for hand sink. 2nd Floor of A 'Building -- substantial compliance with some workmen; exiting was cluttered with workmen, tools, cords, etc. 3rd Floor of A Building -- substantial compliance; not quite as far as 2nd floor; exiting was cluttered with workman, etc. 4th Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential , suite was in drywall hanging stage. 5th Floor of A Building -- incomplete painting, floorcovering, plumbing; presidential suite was in framing and drywall hanging stage. i Exhibit J I Exterior -- north side of building, entrance to _parking garage, courtyard still under construction with scaffold, heavy equipment, bricklaying, precast being set, etc. Parking garage -- still has construction activity. In addition, it was agreed on September 9, 1992 , that all areas of construction activity would be sealed from access from occupiable areas. This has not been accomplished. The Building Department staff believes the work is progressing well and they should be complete enough for the Temporary Certificate of Occupancy within approximately two to three weeks. cc: Jed Caswall Bill Efting Diane Moore .ry. City, en 130 S:outh`,(a a 4a` treet • Asp'en Colorado 8 611 October 7 , 1992 Robert W. Hughes, Esq. Oates, Hughes & Knezevich 533 East Hopkins Avenue Aspen, Colorado 81611 Re: Aspen Mountain Subdivision/PUD -- Non-Compliance Hearing --. Section M Amendment Request. Dear . Bob: As a follow-up to my previous letter to Ferd Belz dated September 30th regarding a hearing on Savanah Limited Partnership' s request for a Section M amendment pertinent to the construction schedule deadline for the Ritz-Carlton Hotel, and in response to your letter dated October 6 , 1992 , requesting a hearing relevant to possible penalties arising from the notice of non-compliance dated October 1, 1992 , and served upon Savanah on that date, this is to advise you that City Council will conduct the hearings as requested by Savanah on Monday, October 26 , 1992 , at 5: 00 o 'clock p.m. , at the Aspen City Hall, 130 South Galena Street. It is possible that Council will combine the two hearings into a single proceeding absent an objection from Savanah to such a procedure. As with previous Section M amendment requests seeking a construc- ' tion deadline extension, Savanah will have the burden to demon- y'P`: strate by a preponderance of the evidence that the reasons neces- sitating a new deadline resulted from facts and circumstances beyond its control. Savanah has already set forth certain reasons in its letter dated September 29 , 1992 , justifying the extension request. Savanah has also identified the proposed new certificate of occupancy deadline date as November 9 , 1992 . Please ensure that this new date, if granted, will be adequate to 5s; meet your proposed construction time-table. As for the non-compliance hearing, paragraph 19 of the City Council ' s Findings and Order dated June 11 , 1991 , which was incorporated into the 1991 Section M amendment establishing the present construction schedule, stipulates that the only issue(s) to be heard by Council will be those dealing with possible penalties or sanctions arising from Savanah ' s current non-compli- ance with the existing schedule. Savanah will be entitled to offer facts and other evidence in explanation and/or mitigation AM 111111111111=11111■111111 CA.PaourcooN Exhibit K I Letter to Robert W. Hughes, Esq. October 7 , 1992 Page 2 of its failure to comply with the October 1, 1992 , certificate of occupancy deadline. The issue of whether a non-compliance exists, however, will not be before Council. Hearing notices will be published in a local newspaper of general circulation. The hearings will be conducted in accordance with the General Hearing Procedures as described in Section 24-6- 205 (c) of the Aspen Municipal Code, at least insofar as the same are applicable to the particular proceedings. Should you have any questions concerning the procedures or any aspect of this notice, please do not hesitate to contact me. Very truly yours, Edward M. Caswall City Attorney EMC/mc jc107 . 1 cc: Ferd Belz, Savanah Ltd. Partnership Diane Moore, Planning Director Amy Margerum, City Manager 0 1111 MEMORANDUM TO: Amy Margerum Jed Caswall Gary Lyman Diane Moore Wayne Vandemark Tom Baker • FROM: Bob Gish 064gi DATE: October 13, 1992 RE: RITZ CARLTON MANPOWER STAFFING Attached for your information is a copy of the construction staffing levels of the Ritz Carlton project. {---) ftlo qi) oc 1 3 :;!. RFG/sp/m123.92 MI NI Exhibit L ....... 1 ) . ./ / . • z. RITZ-CARLTON HO L PCL SCHEDULED VS ACTUAL MANPOWER 600 500 - R C e- 400 - O g.e 366 351 383 Ci 341 - "4 ° ' 311 . 330 1 89 300 - 269 288 250 05 • - 212 _ 200 - 16 150 132 100 - 80 60 40111110". 0 40111110". 62 10 20 .1 15 0 , • , I I I I 1 I I I I I SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT • NOV DEC ,_..._SCHEDULED MANPOWER • ACTUAL MANPOWER RITZ-CARLTON HOTEL A ASPEN,COLORADO V DAILY FORCE SUMMARY C T C E S.pt•rrb.r,1992 R 0 R R A T A A T W T F S S L I T W T F S S M T W T F S S M T W T F S S M T W F A F O - I 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 T L T E PCL , ....:....... ..... Carpenters :::3#,' :,,#t:,..; ::.... ::`•'::::::::::{::`:'St.:, ...tt.. ::.:74..:::::.SIK:::M I.:IMI:InSiIi.k:::::: .ait.5 a St ::.:t ..v:$.:.•..t...':1 :i•:ift...:... :wa'�!•#.•3:<:: i : : C.m.nt Finishers 2 2 2 2 ••• 2 2 2 2 2 2 2 2 2 2 2 2 2 3 1 3 3 ,,:3 47 2.24 ,;-iga.9":s}aia}, riEl:?s:;rr::;;:?s,?;sS:."".v;,.,,.??r..:.{;.,..y;:•:} :.}xs•s;•r-..; ., m•.w::.vry x:xnvwn+rvyy???{xxnh•?:??•}}}}:??4:{�;n;:.v,.;:,:?{.}:nx;{{?ry;.; ,,;n;{rx{•}}:m?N.•.v...};xn;?.}:ti??C^. .:.}•{. vw::n,v Gene Operators .:.....:...:5a:`•.<z:::::::;•:::;:�>`•.'::r'.:`:a:::::::u%}.:x..;:::::::::�•:'•::: e:::::;:::::»r::.vx.. :i:;i;:::,o? ::.:c :;:.r.::kur;::::::i:'.•`.'••'•�'•'N"•a'Sk2'f?b:.:?�c%' w.,is2.•.:s::.xc:•:?,.:a.::.�w....?,�• ...,�......w..�.c,,.:::.i .,c, Laborers 14 14 14 14 1 14 15 15 15 13 10 16 18 17 18 16 10 16 16 16 16 16 9 6 14 14 16 369 17.57 sup•M.IorJOnc. At. `#:gn,# :lera„ ::t i:4 tC...7% :-WM.. :# $. .-#i:n f.#.:g#.,#.,,,,:k,M MEN.Ak..Y?6:,,.:it •Lt•:.,:.,�,{c c"X'. #.c-.,.-R.....:.,,,.,Vk?cV: SUBCONTRACTORS . .. R.000foln9 St.N :? .* ..:{,,.v. ,.... v °K.cS^o. ,,,,,,,,s. .,•Masonry :18...16 18 to , •, 18 18 1e 1e 16 7 18 I8 •1e-16••,•19 19 19 16 1e 18 1 20 2•.,20.,,.•,• 413 1987'„ . .•••:r:...:h,.. ... ..•:..:..}:::x.}w;:•r.;s}: •,; .,.:., :.,r....,. :•:.. :.,. .:: .;r..-:s:: ••:K:,r:F.l,:v.. ...Va r1:r.,;c`<.`.••:};?4�f:2;0:::}:.q}:?:•{..:;y•CM:?;:::1?-3!• ?;a •�iE:^ ', Utr wodc 31'Ike isi ;fie::.13:a::b'8<::-G:sw:r.,..s.,:...,,.1.3 ?;12:.#tx.,:.i'1b,:rr;;;�;••.••,5:>. ::;.3:�x ss;?P, S 12 w.wcns ww�..,�:ax.21 ava.:,a .aa, r r � M9Mork GR 13 13 13 13 12 13 13 14 14 6 6 14 14 13 12 12 5 • 12 12 12 12 12 4 12 12 13 209 14.24 MIIModc SM 3: ,,. ats::4Mw:?,.::.......,.,sil.:ati:.SIP...lt.t t- Mf F... rv.A.,:-?:,,,d... w.* _ ,:. .w: J.r rry :.s1•#::k:4.4wW:' #:;r.' :,.: :..;.xo r.. 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Mirrors 2 2 2 6 6 6 8 8 8 8 8 8 8 8 8 6 8 4 116 6.62 Carpet 3..'g.;rWr:#cA::n....,..::t g j:...,it.,.M.r.3#1-:,:'.liit.alZE r f2.o..llf. .,,tgcixc.&:31�,:,'�:'••'rx>ea#x•::i1F....4:MglinfP,.`.c•l:n..s.-.:.x' ..-rc AMU Drywall 46 46 48 25 62 47 47 43 1$ 52 41 41 41 30 32 43 40 38 26 12 32 34 34 865 41.19 TIl• :.:,•:: ..::,v ::...:•:N.:,. w.:,;.r:::::r.•..•:::ors.r:...:,:,...:w.:.•,�r::-:??s:•..{{:••:r.,.-•:.•..-:-v{{..::rr are.,.:.;„,;••:..??s`x;r....y:,;;{{g...., ...c m.,ar..,,.{a•.{{;;{????;rm:::., r:„ r,::: .a:::::.;:e:}?r..!.:;?'^:;?.:::;xa?:........,;:s}..:.v...:.}}:•}}:•}:•,•:}:.:•}}}::•rra::.; ... ..... ,.::: .}r:;S::..,.}};:r•.:•..•.#4 O•.v•Cr::{F{:i r:.:v...da:kSsai»,x '••.�x.Ger':2:: c::}:ex::i3.�E;xa no z.:::: Mar :s1 xsa::?:sr}•.•`.•:a;.v:?a::::3?•::v.?::::;:::::a::2::.:,...,.:20.:.:20•••v....•.ws.....;?;18::r:Y23a:?.:26::21 w2...u,.,.. ::.,•:{17 20 r..r2! ;{::: Marble 10 12 12 12 4 12 18 20 20 6 18 20 2• 2• 20 17 20 23 21 20 4 16 20 20 385 16.33 goal 4,8 flooring .' 'S .. Acoustic 111* 4 3 3 2 _...2 2 2 1 2 • 2{:{ 2 2 3 . 4 2 2 2 39 1.86 ..;rye.::::;{.,:.;;;cs;:s}t>;; .}::h6;c:?•}:n}x.}::.:.1i3•••.�8{f-.3f ..t(6•%rrS ��%'�335��'}�;« '}::M6;<:•;'i:•:r.:};"3t(9:�::: tdi9q:i:•,•ti: Painting :::G9:•,••}6K:;:��:::�:o:??.x•}}}}:u?u?.}:,•:;�:a•96'::sIS6::<3:6::::%f8:<.:3k:•r::#t::•6<:•:;'.�1::-.�a.,.....,.,�.,,�w.f.«:...z,,....c:..�?sir:....,:}x.::x...w:....w:..a• ...., Elevators 5 6 6 16 6 6 6 6 6 6 6 6 6 6 6 6 6 7 6 7 6 .,x134 6.38 .•rrr••,:•r••:::::•:::::,:::•::::: :i: -:..:.........:{r}:::•;•}:.}}:,• ••:::......,>:?..•• 6'v M.eMnieal ::i3' A14r�:��'4:::�A:: � SP.'?�:� 3¢ '�.::itiL: �. :'�k.:e:�i �k •r"::�'• :'�V''�"�t.'�.io:.�.`::g#}::«r..:iurr A:KINgKW.CM M.Y4giiiiii MAO 6 6 6 5 6 6 5 6 65 2.62 Controls £- �+r.--:�:��>:;»:;rr" .. 2.. 2 2""2 y rn:....v..,..,.... :�.•.,,,T wn;>}•. ,y...vwa•..'_.^3fg•'r- »}r,.:•`^.•:?i -r Electrical ::.31k.•:.3E 7.4.4}xil 8.:x•}x::?{{?{•r;}:.}6.s:k1S.•,:128:•::.2ik::.J2 8:.x 2tFx?.:5-rr28E}0:::X.:.'•:A3S:'','WOI :. <.?::*??;:tVA* .cs*?%G::r -xx,?it:In ,,.,..ua.3(tK-.: It9:itR x:: i . Fl.Protection 4 6 6 8 4 4 6 6 3 4 6 6 84 4.00 5 6 5 5 5 5 '•6. r?xx. r:�i4Q;,... Excavation :.: .. . _. ... . ...isr:}'•':::::::?•.:::::::::::.:•.?:•::::;::•:.;•::•r:::;:•::. Caulking .. ::..,.. ::....:r--{.;: ':n ,,,,,..:?.....,r.. -`ry ...0 0 0.00 •:.Ar;: r•�.81k:•:• •rt4•:.:3ltkc: :::�b:i' -r;3fi? ,, :�::A�:�+:'.�: �?:?.•'.� �.•�:a-;;Y:.ci:�: :��Q� <:.::: .,..,• Hrdse Gall• os :`:69": ':: ... ...�- ... :��., :•�: .. -:.�. :��: ::; awt 9 ): 316:: ::..... 6 6 6 8 8 8 8 3 4 6 135 6.43 . 6 6 8 6 8 Colony Metals 6 6 6 8 6 6 6 s:•:?•rrr:•}:•r:•:•••s:•r•�rs>:•+}}>v ••?•}•}}:•-::>?•:?•>•:{:}•�;{::•>;::••;{?•r••:;ri: .•:•?•.}:- •• :.:�' .. HaB.is :: # 6::c•:3( 9 ;ry; :•r:•8. 6: 3 6 •• 8 4•:,.8... 6 ....,....... JK..,....,. HMI 4 4... ! 3 3 3 3 3... 3 -6 6 6 6 - 3 , , 63 3.00 ..::::.<?.:???.:s:?•:?•>:{?.rr}:•:?•:s}:?.r:.r:-rr:rr:<:. .}•.;•::::::::::: •::•:..::::::::::::::: 0 0.00 Int.rior Concept. TOTAL MANPOWER 360 362 357 285 31 0 37 361 361 351•357 188 91 362 376 367 365 333 71 20 354 368 367 368 332 77 36 364 385 388 0 8072 384.4 4110 0 1. 4 k •. Friday,October 9,1992 Aspen Times Daily 25 . - PUBLIC NOTICE .., RE:THE ASPEN MOUNTAIN SUBDIVISION ,.. . (RITZ-CARLTON) NON-COMPLIANCE'HEARING NOTICE IS HEREBY GIVEN that a public.hearing will be held on Monday,October 26, 1992 at a meeting to begin at.5:00 pm before the Aspen City Council,City Council Chambers, 130 South Galena : •, Street-'AsPen,.Colotadd'to''ConsiderpossiblepenaltieS'and/or; . '::: .•. :::. :: : . sanctions to be assessed against SaValia)Limited Partnership by • :reason Of its failure to comply with certain terms and conditions of '. approval set forth in the -First Amended and Restated .: PUD/SubdiVision Agreement for the Aspen MdUntairi:SUbdivision as amended, and, specifically, its failure to meet the construction. . ) deadline date for the Ritz-Carlton Hotel. For further information, . contact Diane Moor at the Aspen/PitkinPlanning:0ffice, 130 S. Galena St.,Aspen,CO-kV-609o. '..2 s/John Bennett,Mayor • Aspen City Council , i■i. .:'.:'•::,:',':':::::,:',:,..,)::.:::,•.":"-.:. ::',' '':::,:':::::.:;:',,,-:::. ':b 4:‘..::',:, :.:,,,;).). ,),;:).:•;.:::):;:.;::::::.,: ::::::y,:),,,.:;:.:,..,:",;;:;:::: :.: :::•',N,::::). ),,,,:.,;;:,;-,,;,:i:,:,:-..,,;::),. ,),:):::,;:;;,..,;;;,),::.;';..,:::::,,i.:q;:. .:.::.,,;;;... ...,:;;0•:,i;; ;;:..,:,,,,,,;;;;:,,':, •i: .;: . ; i: 1.: f i f . , 1 _ t I i.; al MI .' I • I' ''' Exhibit M - ) --- , —