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HomeMy WebLinkAboutFile Documents.520 S Original St.0144.2018 (6).ARBK SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into on this 2nd day of April 2018, by and between Arrowhead Apartments Condominium Association, Inc. ("Arrowhead"), P. Susan Helm("Helm"), Anthony Z. Peck and Paula Rice Peck(together "Peck"), Glory Us, LLC, ("Glory") and The Sarah H. Shea Trust U/D/T October 15, 1987 ("Shea") (herein collectively referred to as the "Parties"). RECITALS A. Arrowhead is the governing condominium owners' association for the Arrowhead Condominiums located at 520 Original Street, Aspen, Colorado. B. Shea is the owner of Unit A within the Arrowhead Condominiums. C. Helm is the owner of Unit B within the Arrowhead Condominiums. D. Peck is the owner of Unit C within the Arrowhead Condominiums. E. Glory is the owner of Unit D within the Arrowhead Condominiums. F. Shea, Helm, Peck and Glory are sometimes collectively referred to herein as the"Owners." G. On April 15, 2015, Arrowhead and Shea entered into a written license agreement ("License Agreement") whereby Shea was granted a limited license to replace existing skylights and install two additional ridge skylights (the "Skylights") into the common elements of the Arrowhead Condominiums. H. A dispute has arisen between the parties concerning whether Shea installed the Skylights in accordance with the design approved by Arrowhead ("Dispute"). I. Arrowhead, the Owners and Shea have reached a settlement by and among themselves as to the Dispute and desire to memorialize the terms of their settlement in this Agreement. AGREEMENT NOW, THEREFORE, Arrowhead, Shea, and the Owners, in consideration of the mutual promises and covenants set forth herein,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Recitals. The recitals and definitions above form a part of this Agreement. 2. Settlement Obligations of Shea. RECEIVED 05/25/2018 ASPEN BUILDING DEPARTMENT Ft 2.1 Settlement Payment.Subject to the provisions of this Agreement,Shea shall pay to Arrowhead, the sum of 111111111111111111111111.1111111.11 ("Settlement Amount")within three(3)business days of the date this Agreement has been executed by all parties. 2.2 Skylight Remediation. Shea shall,on or before June 30,2018,complete at its sole cost and expense all of the work to improve the aesthetics of the skylight installation and counter the thermal bridging that is set forth in the recommendations of the memorandum from Dave Rybak to Tom Todd dated March 30, 2017, and which are depicted on attachments A2 —A5 (a copy of the memorandum is attached as Exhibit A). The recommendations expressly include: 2.2.1 The installing of additional framing around the existing curb to provide a cavity for insulation which will reduce the visual height and weight of the curb; stabilize the structural members and provide a better substrate to adhere the membrane. 2.2.2 The curb shall be tapered, which will break the visual height of the existing curb.The vertical leg of the new curb will be 12"or less,dependent upon the roof geometry at individual locations. 2.2.3 Dark bronze aluminum flashing will be used to shroud the curb, which will visually suppress the skylight above the light beige roof membrane. 2.2.4 Constructed of wood, metal flashing and infilled with foam insulation,the curb will not add significant weight to the structural system of the roof. 2.2.5 The membrane roofing would be flashed into the curb, maintaining the integrity of the roof system. 2.3 In addition, during construction, Shea shall allow Arrowhead's engineer, SGM, Inc., access to observe the connection of the stud framing, plywood and the wood plate to the steel framing to evaluate and verify whether the connection was constructed properly to provide sufficient structural support for the skylight. If the connections are insufficient, Shea shall insure that the deficiency is corrected. Shea shall also insure that the two wall top plate cuts comply with the building code. The top plate is required by the building code to be continuous or if cut,strap ties are required across the opening. 2.4. Shea shall reimburse Arrowhead for any all attorneys' fees, engineering fees,and other expenses incurred by Arrowhead arising from Dispute and/or related to the License Agreement within thirty (30) days of receiving an invoice therefor. The parties acknowledge and agree that the amount of such fees and other expenses owed through November 30,2017 is—,which amount shall be due and paid with the Settlement Amount set forth in Paragraph 2.1. Shea acknowledges that the Association has incurred fees and costs since November 30,2017,and that the foregoing payment is not intended to be a complete and final payment for any fees and costs owed in connection with the skylight installation. RECEIVED 2 • 05/25/2018 ASPEN BUILDING DEPARTMENT 3. Settlement Obligations of the Owners and Arrowhead. In consideration for the mutual promises set forth herein, the Owners and Arrowhead agree as follows: 3.1 Shea waives and any all rights to object in any way to the HVAC unit installed by Peck for Unit C, including but not limited to any use of the common elements to connect the roof mounted HVAC system to Unit C, and shall forever refrain from raising any issues related to the HVAC unit installation, including refraining from requesting that matters pertaining to the HVAC Unit be added to any agenda for any Arrowhead meeting. Arrowhead and the Owners do hereby unanimously approve the installation of the HVAC unit installed by Peck for Unit C. 3.2 Shea waives and any all rights to object in any way to the fence surrounding the pool and shall forever refrain from raising any issue related to modification of the fence (whether past modifications or future modifications), including refraining from requesting that matters pertaining to fence modification be added to any agenda for any Arrowhead meeting. To avoid any doubt as to whether there were prior approvals for the fence as installed, Arrowhead and the Owners do hereby unanimously approve the fence in its current configuration. 3.3 Shea waives and any all rights to object in any way to the armoire placed by Glory in the first floor vestibule, which is a general common element (the "Armoire"), and shall forever refrain from raising any issues related to the Armoire,including refraining from requesting that matters pertaining to the Armoire be added to any agenda for any Arrowhead meeting. Arrowhead and the Owners do hereby unanimously approve Unit D's installation of the Armoire in the first floor vestibule as depicted on Exhibit B, do hereby unanimously approve of Unit B's and Unit C's construction of storage closets for Units B and C in the second floor vestibule as depicted on Exhibit C, and do hereby unanimously grant to each unit an exclusive license to use the closet area(s) designated for use by each such unit on Exhibits B and C. 4. Full Settlement and Release. The Parties agree that this Agreement constitutes a complete settlement of the Dispute. In consideration for and conditioned upon Shea's compliance with all of the provisions of this Agreement, the Parties for themselves and their successors, representatives, agents, heirs and assigns will completely release and forever discharge the others and their agents of and from any and all past,present or future claims,demands,obligations, actions and causes of action of any nature that were,or could have been brought relating to the Dispute (the "Released Claims"). The License Agreement remains in full force and effect, the intent of this Agreement being to dispose only of the Dispute regarding whether the Skylights were built in accordance with the plans approved by Arrowhead. 5. No Admission of Liability. The Parties agree that neither this Agreement and the covenants contained herein,nor the delivery of the payments described herein above are to be deemed or construed as an admission of wrongful or willful conduct or culpable fault of any kind whatsoever by any of the Parties. Furthermore, the attachment of and reference RECEIVED 3 05/25/2018 ASPEN BUILDING DEPARTMENT to Exhibit A does not constitute an agreement with any of the statements or premises of Exhibit A. 6. Voluntary Agreement. The Parties agree and acknowledge that they are freely and voluntarily entering into this Agreement, they have obtained the advice of legal counsel of their choice with regard to this Agreement, they have read and understood the same in its entirety and they have not relied upon any representations or statements by any person other than as expressly stated in this Agreement. The Parties also agree and acknowledge that the execution of this Agreement is not the result of any duress, whether economic or otherwise. Each Party further agrees and acknowledges that no representations or agreements that are not set forth herein have been made to induce them to enter into this Agreement or in connection with the subject matter hereof. 7. Assumption of Risk. The Parties expressly assume the risk that the facts or law may be, or may become, different from the facts or law as presently believed by the Parties. The Parties fully recognize that, in the event of the discovery of new facts regarding any damages, losses or liabilities released as set forth above,this Agreement will remain in full force and effect, notwithstanding any laws, statutory or common, to the contrary. 8. Authority. The Parties represent and warrant that they possess the sole and full authority, and are competent, to enter into and execute this Agreement and to lawfully and effectively release the other Parties to the full extent set forth herein. 9. Entire Agreement. This Agreement contains the entire agreement between the Parties with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the representatives, agents, successors, heirs and assigns of each. 10. Governing Law. This Agreement is made pursuant to and shall be construed and governed by the substantive law of the State of Colorado without giving effect to that State's choice of law principles. 11. Effectiveness. This Agreement shall become effective following execution by all of the Parties. 12. No Party Deemed the Drafter. This Agreement is the result of negotiations between the Parties. This Agreement,therefore,shall not be construed against any particular Party because of the involvement of that Party or her or her counsel in its preparation. 13. Headings. The headings of paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement. 14. Severability. The Parties agree that if, for any reason, a provision of this Agreement is held unenforceable by any court of competent jurisdiction, this Agreement RECEIVED 4 05/25/2018 ASPEN BUILDING DEPARTMENT shall be automatically conformed to the law or determination, and otherwise this Agreement shall continue in full force and effect. 15. Signatures, Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original hereof and all of which, taken together, shall constitute one and the same Agreement. Signatures shall be binding and enforceable whether exchanged in original ink, via facsimile, or by PDF or other form of electronic transmission. 16. Enforceability. Should any Party fail to perform their respective obligations hereunder following five (5) days written demand by another Party, the non- breaching Party may commence an Action to Enforce Settlement Agreement in the Pitkin County District Court for that purpose, and the Court shall award reasonable costs and attorneys' fees incurred to the prevailing Party in connection therewith. All parties voluntarily submit to the jurisdiction of the Pitkin County District Court in Aspen, Colorado for any such action to enforce this Agreement. RECEIVED 05/25/2018 5 ASPEN BUILDING DEPARTMENT IN WITNESS WHEREOF, this Settlement Agreement is executed by the duly authorized representatives of the Parties on the date first mentioned above. Arrowhead rtme ndominium Association,Inc. By: Fred Jo is Preside STATE OF FLORIDA ) ) ss COUNTY OF BROWARD ) ti- Acknowledged before me this"dL1 day of l')1)11 C\-‘ , 2018 by Arrowhead Apartments Condominium Association, Inc., by Fred Jove, its President. } [SEAL] (I T) Notary Signature My Commission Expires: tnr'r7/ 2L LU �,,ar"fib. Notary Public State of Florida -F, Rosa I Mayo .47 My Commission FF 957849 LrO3/07I2O20 RECEIVED 6 05/25/2018 ASPEN BUILDING DEPARTMENT The Sarah H. Shea Trust U/D/T October 15, 1987 �� i t2 0- SHEA ,Trustee C6.1-%F'..124sib. Aytt STATE OF e6L68 ) Los ,a,,9FLas ) ss COUNTY OF PITKI'.i ) Acknowledged before me this 1(day of Maa-0_14 , 2018 by The Sarah H. Shea Trust U/D/T October 15, 1987, by % , . o H , its Trustee. [SEAL] v-- Notary Signa e My Commission Expires: J.a. t o, 7-473 1 Am 4.e.H 91.A RECEIVED 05/25/2018 7 ASPEN BUILDING DEPARTMENT t _.. i i A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE t • identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CERTIFICATE OF I' State of California ) ACKNOWLEDGMENT 9 County of -L� ANcys ) 1 On mi.s2 .$ I b, 20 i 8 _ before me, A It41E'� �GKz..LE: M•o, NroThp -Keltric,, I i (here Insert name and title of the officer)/ 1 I personally appeared( .R o•_ S 1- 1_ —1 �S I ' . I $ S ' i i who proved to me on the basis of satisfactory evidence to be the person4 whose name( is/afie-subscribed to the within instrument and acknowledged to me that he44te/t4:tey executed the same in his/#ec1thcir i authorized capacity4ie6i, and that by his/ ►er/their signature(? on the instrument the person(s}, or the entity 1 upon behalf of which the persons acted,executed the instrument. s t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , ,� . AINEE GONZALES RENO COMM. N2096533 I w ... Notary Public•Cabral* s WITNESS my hand and official seal. \' ",,I Les Angeles i Omit. ism I, 2019 1 I i I Signature _ ___-" G,irc,-- 1 (Seal) I I OPTIONAL INFORMATION s I Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this t P acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. 1 i f Description of Attached Document p Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification Proved to me on the basis of satisfactoryevidence: ( titled/for the purpose of L I Q form(s)of Identification 0 credible witness(es) $ i l i — — Notarial event is detailed in notary journal on: I containing pages, and dated Page# Entry S I j i The signer(s)capacity or authority is/are as: Notary contact: i ❑ Individual(s) Other I s ❑ Attorney-in Fact s Elr ❑ Corporate Ofitcer{s) Additional Slgner(s) CISigner(s)Thumbprints) Titie(s) El t 1 C s , i El Guardian/Conservator a ❑ Partner-Limited/General s t ❑ Trustee(s) I i, i 0 Other. 1 i representing; Namels)of Person(s)or Entity(ies)Signer is Represent eg IE I E I D i 6 O Copyright 2007-2014 Notary Rotary,Inc.PO Box 41400,Des Mo nes,IA 50311.0507 All Rights Reserved Item Number 101772 Please contact your Authorized Reseller to purchase copies of this form. ASPEN BUILDING DEPARTMENT R 6-1P in P. Susan Helm ah�Co-,rye act.) STATE OF ) SS COUNTY OF Pam,- �n) ) +4" Acknowledged before me this 113ay of `J 1.1L,u,h, , 2018 by by P. Susan Helm. [SEAL] `�!' -4J c0.1I j Notary Signature My Commission Expires: g-S RECEIVED 05/25/2018 8 ASPEN BUILDING DEPARTMENT I , An hon Peck Paula Rice Peck STATE OF COLORADO ) ) ss COUNTY OF PITK1N ) , . Acknowledged before me this/' day of A pi I i , 2018 by by Anthony Z. Peck. /----. , fSPEAL,T , :::.,.,. '' ,:; :- ,, ' -- I 7 --'="k VOCAA I./4-(4-'91 aeLtiC-7' 7 Notary SignaWre h 1 '" My Commission Expires: ib ' I '') - 7:,,i, q: STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) • 1°1 , Acknowledged before me thief day of A pH I ,201t by Paula Rice Peck. 1 ..,i P /1 In/kA EAL17-7-1-:: - . '. -.I- ------) i A LLIK9U,ZtijUr, 1 I it 0 1N' ,i.,,, `,/ i•:'::,: :' \Nitary Signae .).-,', ::,:!, '. '.: ,.1,: : ' My Commission Expires: ID-./b •-71)zt) ; : , : ! , !. 1 RECEIVED 9 05/25/2018 ASPEN BUILDING DEPARTMEN' Glory Us, L By: Fred Jo ember By: ti 24.\ " Terry,Jove, mber STATE OF FLORIDA ) ss COUNTY OF 13 r ou.t rd ) Acknowledged before me this2a day of )'Y)Q1)CR , 20I 8 by Glory Us LLC, by Fred Jove, as Member. [S 7502C— , Gu0J� o0 Y"off Notary Publicyo State of Florida Notary Signature o` My Commission FF 957849 no' Expires 03/07/2020 My Commission Expires: CJ/ 202O STATE OF FLORIDA ) ) ss COUNTY OF BY'C`C rd ) Acknowledged before me this day of r , 2018 by Glory Us LLC, by Terry Jove, as Member. [SEAL] Notary Signature fits, Notary Public State of Florida MyCommission Expires: 03)OO I D Q My Comm ss on FF 957849 p ®, Expires 03sg2n020 RECEIVED 10 05/25/2018 ASPEN BUILDING DEPARTMENT EXHIBIT A v/ I \ MEMORANDUM TO: Tom Todd, Holland Et Hart FROM: Dave Rybak DATE: March 30, 2017 RE: Arrowhead Unit A Skylights As requested, I have reviewed the skylight systems installed on the Arrowhead Condominiums to provide evaluation of the project approval process and resultant installation. The information below is organized into three sections as follow: reviewed documentation, evaluations, and recommendations. REVIEWED DOCUMENTATION: 1. Drawings with a "Date of Publication" of 11/12/14, which do not have a set title or date within the title block. The exterior conditions of the proposed skylight are demonstrated utilizing "true" elevations of the condominium. There is no reference to the vertical height of the skylight assembly on these documents. The drawings indicate a "ridge" formed skylight of consistent height, extending from the existing roof top. The Roof Plan does not indicate the height or construction of the skylight system. 2. 12/31/14 Email from Steev Wilson to Fred Jove which included a photograph of the condominium building with the proposed skylight and a 6" snow cover on the roof added via photo shop. 3. Drawings with a "Date of Publication" 2/25/15, which include set titles of "CD 2/3/15 For Permit Et Const", and "DD 11/24/15 HOA Review". This set utilized perspective views of the condominium, rather than true elevations, which provides the perception of a realistic view of the building, but does not provide a clear or documentable height of the skylights from the roof top. A note is found on the roof plan that states "SKYLIGHT CURB TO BE 12" ABOVE EXISTING ROOF MEMBRANE". Included in this package is an isometric drawing and details of the skylight system from AiA Industries, which shows a Ridge Skylight system. 4. An additional drawing set, with a "Date of Publication" 3/11/15, which is near identical to the 2/25/15 set. Differences between the drawings include the spacing of the skylight mullions, and a note regarding additional insulation to the interior side of the roof. 5. The License Agreement was executed on April 15,2015, and references the "permit set of drawings dated February 3, 2015". The reduced set attached to the agreement is dated "CD 2/3/14 FOR PERMIT Et CONST., but also states "3/11/15 DATE OF PUBLICATION". 600 East Hopkins Avenue, Suite 303 RECEIVED Aspen, Colorado 81611 PH / FX 970 925 1125 05/25/2018 daverybak.corn ASPEN BUILDING DEPARTMENT 6. AiA Industries shop fabrication drawings were found at the site. A first set, dated October 23, 2015, documents gable end skylights to sit on a level (flat) curb. This skylight had a 6/12 pitch. Markups on this shop drawing include changing the pitch to 3/12 and dimensional adjustments of the overall size and mullion locations. A Revised set, dated April 13, 2016, documents gable end skylights with a 3/12 pitch matching the existing roof slope. 7. Albright Et Associates Clarification drawings dated 6/13/16, which increase the size of the Tube Steel structure generating the skylight openings, and details the connections of these members. Presumably the clarification was generated by the SGM letter of 12/2/15 reviewing the original Albright design. 8. AiA Industries letter of August 22, 2016, which addresses industry standard of 12" curbs for skylights in this area. The conclusion "strongly advises against reducing the height of the curb to prevent water infiltration. 9. Email exchange between Elizabeth Elliot and Mr. Fred Jove from September 15, 2016 to September 27, wherein the HOA raises a concern of the curb height possibly breaching the License Agreement as well as how this additional height may be a structural concern. EVALUATIONS: 1. The HOA appears to have been concerned with 3 elements when considering the Skylight proposal: a. The visual effect of the skylights on the condominium building. b. The integrity of the roof membrane, demonstrated by the requirement of Alexander Roofing being retained to modify the roof membrane within the License Agreement. c. The structural integrity of the roof and building as a whole, demonstrated by the peer review performed by SGM and the concern of structural impact from the curb installation, stated in the Sept 19, 2016 email from Mr. Jove. 2. The drawings submitted to the HOA did not clearly demonstrate a curb height above the roof. Instead, the drawings only stated a curb height of 12" above the membrane. No drawings are provided within any of the sets which demonstrated the skylight system on a 12" curb. Therefore, the proposed result would be a visual unknown to all. In the email of 12/31/15 to Mr. Jove, Mr. Wilson stated "Assuming the skylight curbs are about 12" in height, this shows 6" of snow and 6" of skylight curb visible above the snow." Mr. Wilson's description does not include the depth of the skylight frame which would sit on top of the curb. His math does not match the physical reality of a skylight frame, typically 6" tall sitting on a curb of 12", which should have a total height of approximately 18". A Forum Phi set of drawings, found at the site, dated "7/15/15 CLARIFICATION #1" includes a skylight detail, which does not provide a 12" curb, per the HOA approval and AiA recommendations. RECEIVED O /25/2018 ASPEN BUILDING DEPARTMENT No vertical height, clearly not a 12" jack@albright-associates.com curb per discussions MECHANICAL Architectural Engineering Consultants,In 40801 US Hwy 6&24,Suite 214 Avon, Avon,CO7 81620 1�; P:(970)748-8520 taylor@aec-vaii.com r� NEW SKYLIGHT PER SPEC T-T_ 1 Ax xa>��'trtiY�`�' k'' rT , / _ �. !21 IAYERs OF 5/8'TYPE X GYP- Or1 HOUR FIRE RATED PER IBC. �0)— MI,B2.u) 7/22/15 DATE OF PUBUCAT1ON PROPOSED ROOF SECTION @ SKYLIGHT 1/2" = 1'-0" 7/15/15 CLARIFICATION#1 CD 4/27/15 FOR PERMIT&CONE CD 2/3/15 HOA REVIEW 2 DD 11/24/14 HOA REVIEW EXISTING 18 88 MIL MEMBRANE TO REMAIN / 3. Included with the Forum Phi drawings, both within the License Agreement and subsequent sets is a note referring to "The standard specifications of the manufacturer for products called for in drawings and notes are hereby made part of these notes with the same force and effect as though herein written out in full." The recommendation of AiA industries to install a 12" curb would be an example of this note's implementation on this project. 4. I have worked with AiA Industries numerous times over many years in our valley and recommend them for skylight installations. I agree with their position of a 12" minimum curb height, for the reasons they state. A level, or flat curb as installed, provides a better installation than a sloped curb. Snow depth on roofs vary due to solar exposure, wind, drifting and ice buildup. A level or flat curb maximizes the height above the water proofing for setting of the skylight system. This set point can be the weakest link in the system. The higher this point is above the water- proofing, the less likely water infiltration will occur. If the HOA is concerned with water infiltration, a level curb is the better installation. The curb height at the ridge is approximately 6", therefore the overall curb height with a level top could not be reduced without risk of water infiltration. RECEIVED 0 /25/2018 ASPEN BUILDING DEPARTMENT 5. Due to the multiple slopes of the roof, and the locations of the skylight along the primary ridge, a curb of a single height, parallel to the roof slope was not physically possible. The northern skylight sits amidst a juncture of multiple roof ridges with varying slopes. To maintain a 12" curb for water integrity, the lowest pitch roof slope would dictate the height of the curb, making the adjacent curbs higher, regardless of whether the curb was to follow the roof slope or be level. sA Industries L • 17117 q• • 1. Due to the different roof pitches in this area, a "12"curb"is not consistently possible. A 12" curb for water protection on the left, results in a higher curb to the right,and on the other faces. Steel structure thermally exposed 6. The level or flat skylight curbs do not alter the structural calculations nor do they adversely affect the framing system installed to support the skylight. 7. The installed skylights are smaller in width and length than documented in the drawings accompanying the License Agreement. LOCATION AGREEMENT INSTALLED ENTRY 11'-8 15/16" x 9'-7" 11'-5 3/4" x 8'-1 '/a" LIVING 16'-8 7/16" x 9'-7" 15'-0 '/a" x 8'-1 '/a" 8. The installed skylights are consistent with the those described in the License Agreement; they parallel the roof ridges and slopes, and are not in themselves a visual distraction on the building. The skylight curbs, wrapped with the roof membrane of light beige are visually large upon the roof. This is caused by the contrast of the light beige membrane on the vertical surface of the curb against the sky. RECEIVED 0 /25/2018 ASPEN BUILDING DEPARTMENT 9. There are thermal issues with the skylight curb construction which should be addressed. The structural steel tubes have been installed without a thermal envelope, which could compromise the roof membrane adhered to them. These steel frames will experience a large temperature difference between the exterior and interior surfaces. It is possible the roof membrane may come loose from the steel due to the thermal dynamics and weaken the water integrity of the system. In addition to the potential compromises in the membrane, the lack of insulation will allow the transfer of cold temperatures into the interior of the unit. RECOMMENDATIONS: To improve the aesthetics of the skylight installation and counter the thermal bridging, I recommend installing additional framing around the existing curb to provide a cavity for insulation which will reduce the visual height and weight of the curb; stabilize the structural members and provide a better substrate to adhere the membrane. 1. The proposed curb will be tapered, which will break the visual height of the existing curb. The vertical leg of the new curb will be 12" or less, dependent upon the roof geometry at individual locations. 2. Dark bronze aluminum flashing will be used to shroud the curb, which will visually suppress the skylight above the light beige roof membrane. 3. Constructed of wood, metal flashing and infilled with foam insulation, the curb will not add significant weight to the structural system of the roof. 4. The membrane roofing would be flashed into the curb, maintaining the integrity of the roof system. 5. The additional curb will bring the overall size of the skylights to that approved in the License Agreement. Accompanying this memorandum are a series of drawings delineating the proposed curb in both details and visual comparisons to the installed skylights, and the size of the skylights approved through the license agreement. In conclusion, the drawings provided by Forum Phi did not accurately represent the skylight installation. The installed skylights are smaller than those dimensioned in the License Agreement. The installed skylights and curbs maintain the integrity of the condominium roof. The installed curbs lack adequate thermal cover over the roof structure. The proposed curb will resolve the thermal performance of the system, visually reduce the height of the curbs and allow the skylight systems to recede from view. RECEIVED 0 /25/2018 ASPEN BUILDING DEPARTMENT „, 4/ of \ , ... _...,.., / P. - N \\ 1 _ .. ..-- so. , .: _ _ .....,.11 , 1 RED DASHED LINE INDICATES LENGTH AND 14. j WIDTH OF SKYLIGHTS AS ORGINALLY 1� S`m ®Slm APPROVED WITH LICENSE AGREEMENT r �LI r -I I- I I ' ®srrrl ♦ ary 1 l �t^k 1_ — — �J L J ., .� INSTALLED SKYLIGHTS �er; PHOTO 3 III 1, Illii1 1 1 i 1 1 PARKING 11' Ill IsPlY°I.) . ” / Q'� y� • • �llll /f •PARKING• 4 ` • Sq(L PHOTO 2 PHOTO 1 OROOF PLAN O PHOTO LOCATION MAP 3/16"=1'-0" 1"=30'-0" I‹ NORTH nv� x ARROWHEAD CONDOMINIUMS Al Architecture&Development•P.C. f ' DECEIVED V� `1 ` SCALE: As indicate 600 East Hopkins Avenue,Suite 303 Aspen,Colorado 81611 SITE PLAN 5/25/2018 970 925 1125 Cell 970 948 1012-dave©daverybak.com ISSUE: MARCH 29,2U1: .,n.d—ken.e�a oevemom�t,a.c ASPEN BUILDING DEPARTMENT 1 I Ifriir , • , I. ...El _ ,. ... --,..,••.. .., -,--------r__ ,. .nro.4%,....... eiiii......... -,:•-,--.c. -•, ',. . ,.. , 1•- •--- " .,•.., . i,\,• —!-- , •I.!._ ,-, .....,- ----------_,_---,,f :' i , . _ , • — 1 , ,-_-----.--, ... -IlliWIALTII 1 -t% t • :-, I I •°•"•=7-rammme ',,,,,,-,-„,_ -1 ---- ---9- ------ iiii I I • --:.•.,„,-,_,.',•-•-„,. ___. ----=--__ 1,— L 'i--,,,..„ --,--- ,:,,,- 1 . . . n 1F.._!. _.•.m—M_—__-I_,__.-___.:--.I__iT.ll oIr—I_.__------__,,.-3V _ ,....c • k-- ---- i 1I , , ill — 0 Z - - - .7 _ • . . - - .\• . , ' '. • iiiiui ti . -'-I - '`''''--V.AM'a,=''''-,'-'.k -,.. - • -,greiVEL--7•1-37C.!'----V rl,t -„ . --. , ,. .... • .-, . .. ...„. _. , . _,_ ,___ .__ _ -,--- .-- • - - , _, , . , - ; _ ,- _, --_ , : ,__ : .„ - "--- --,_ -, - ,- --2 -'_ , -..: , -;-_- -. „-„ - -,• _- -,- -.- .-_- --- _-: .7, - . : --7, •__ _:- __ •_ _ . z- -__ . _-- ,_-__ _- , ,. -, P-T_ _ . .= _ -_ ' _-• --,_ - . _ - . -_ -,_ _ _ _ _ _ --,_ - . _ - _ - -, _ _ - _ . _ _ . _ • ,- _ , -, - - - _ e . • . _ _ _ - _ , - • - _ _ _ -.._ _ . - -- . _ • t R. .... - `t-:,. - . 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PHOTO 3-VIEW FROM EAST PHOTO 3-VIEW FROM EAST AS PHOTO 3-SOUTH EAST ,(-3- INSTALLED 0 PROPOSED CURB A2 'ARROWHEAD CONDOMINIUMS 4 r,,,EIVED rwin x iz SCALE: Architecture&Development.P.C. /NAG2S5P/E DEPARTMENT2NO l 8 I % I V/ x i % EXTERIOR VIEWS 600 East Hopkins Avenue,Suite 303•Aspen,Colorado 81611 970 925 1125•Cell 970 948 1012•davendaveiybacom ISSUE: MARCH 29,2012a c itybak Arc.tecture and oevelopment,PB.,61L5DI REDRED DASHED LINE DASHED LINE INDICATES SIZE OF INDICATES SIZE OF HOA APPROVED HOA SKYLIGHTS APPROVED SKYLTIGHT INSTALLED INSTALLED SKYLIGHTS Lii SKYLIGHT SYSTEM INSTALLED CURB-,k, \ u Pri - P, INSTALLED CURB ®6 i7.LA Ir STRUCTURAL TUBE 1 STRUCTURAL ® _ —I I :I_ inn �M 1=I I1 1 I� - -- - - ��'1 TUBE I — 129'G �B r{ II F, ®w��N 12RIDAcp 9'G I ■1� �� �6W r_ I;�:� �I ,_ EAVE LIN� 9 EAVE LINE !li ■■■ 126'_2" r—���0 �� ���- 128'-2" \1 �i® Na 1,I®��1 II I eta ■ril �Io !1 ■HIEM1. :7■�■ ■■■ — I '.P_1� ,.i !Wel - = ialq d � a omm 3RD FLOOR sk I117'-1 1/8" r_I PAPI e� p 0R fir_ k�, 11 T-1 1/8" k�w .1■ �a0®ar.AmI 0001 raI—— 1)1 , ale? 11 ��®°l imn,h1 l sa AnnErn ■ ���' iI i !i ■ _-,� .� � /6 _ r• , - -...._.. 1 i = - - - - -... 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ASPEN BUILDING DEPARTMENT FIREPLACE CHIMNEY INSTALLED SKYLIGHT RED DASHED LINE INDICATES RED DASHED LINE INDICATES SIZE Ir- f RED DASHED LINE En I rI�tb��� vim • SIZE OF APPROVED HOA OF HOA APPROVED SKYLIGHT E ®�INDICATES SIZE OF HOA ® 9�� �SKYLIGHT LONA 6"MINIMAL APPROVED SKYLIGHT ON I�e LC71 9���� 12"PARALLEL CURB RI g' l����11l� a CURB AT FLAT ROOF INSTALLED SKYLIGHT \,/ T`� �';11��1..1" ©m J� INSTALLED SKYLIGHT I11I rG►�I�IS k MINIMAL CURB HT. r, - - -�� �� mpai � m CUBA' FRAMED SKYLIGHT CURB-, ;I�� Fes_ �- DICTATES ALL OTHER HTS. 1 r ,� T l ONLY 6"ABOVE ROOF _ - ;01-cV,,m1 FRAMED SKYLIGHT R ��El_® �_ 1 1 f�— RIDGE I _� CURB / ,C �!'tm� m` I I RIDGE ` I :. RIDGE iPS_Z1_1 Id�� ^N r 1RIDGE 1 DINING ROOM SKYLIGHTir LIVING ROOM SKYLIGHT il ® ROOF FRAMING a ' .'� '� _• 29 8 ROOF FRAMING • 12X8 STRUCTURAL TUBE EXISTING ROOF STRUCTURE 12X8 STRUCT.TUBE— / , r� � EAVE LINE �� J►_EAVE LINE AL ,�I� z EAVE LINik 126'-2" 126'- mil/ \r',M\,I MI3=EM\l /Iklul lu 126'- SECTION THROUGH ENTRY SKYLIGHT- SECTION THROUGH BOTH SKYLIGHTS- TERJ6TvTa LIVING RM SKYLIGHT- OINSTALLED INSTALLED O INSTALLED 3/8"=1'-0" 0 3/8"=1'-0" SKYLIGHT SECTIONS AS INSTALLED FIREPLACE CHIMNEY INSTALLED SKYLIGHT RED DASHED LINE INDICATES SIZE RED DASHED LINE OF HOA APPROVED SKYLIGHT INDICATES SIZE OF HOA APPROVED SKYLIGHT ON •1 • IN�Si ��A rime RED DASHED LINE INDICATES OL 'e���M me SIZE OF APPROVED HOA INSTALLED SKYLIGHT 12"PARALLEL CURB rEL. = F �� Ill= SKYLIGHT ON 6"MINIMAL FRAMED SKYLIGHT CURB- ONLY 6"ABOVE ROOF INSTALLED SKYLIGHT NE � :MIME ��E CURB AT FLAT ROOF CURB ON FLAT ROOF r -i WITH BRONZE CURB r _ 1 Ir1� EXISTING FRAMED Him®�aIri I li® 1 PROPOSED INSULATED RIDGE t 1711 PROPOSED INSULATED CURB - SKYLIGHT CURB AM 1 PORTION i `` ON SLOPED PORTIONS INSULATED CURB WITH jI, p.'I_ ® I./ - - - � - - - - - - METAL FLASHING - - - I ICM BRONZE COLORED I��- - i - r _ RIDGE _� S RIDGE METAL FLASHING— — +T� �C RIDGE 129'-8" �0 129'-8" ;I NO 129'- �y� DINING ROOM SKYLIGHT LIVING ROOM SKYLIGHT_ ®'�\ •_ �.'� ROOF FRAMING ROOF FRAMING I� ---/S\�L� 12X8 STRUCTURAL TUBE `Iq EXISTING ROOF STRUCTURE 12X8 STRUCT.TUBE r'e ? l I RBI EAVE LINE n �A EAVE LINE n A 1 I �I/ 1 A V EAVE LINE k 126'-2" �1 126'-2" �1 I r-� 126'-2" V �1/ k� III �1ik� 12X8 STRUCT.TUBE SECTION THROUGH ENTRY SKYLIGHT- SECTION THROUGH BOTH SKYLIGHTS- SECTION @ LIVING RM SKYLIGHT- ©PROPOSED CURB PROPOSED CURB PROPOSED CURB 3/8"= 0 3/8"=1'-0" ® 3/8"=1'-0" SKYLIGHT SECTION WITH PROPOSED INSULATED BRONZE METAL CLAD CURB nvno x lz ARROWHEAD CONDOMINIUMS A4 Architecture&Development,P.C. RECEIVED 0 East x I VI 1I SKYLIGHT SECTIONS SCALE: 3/8"=1'-0" 60ast Hopkins Avenue,Suite 303.Aspen,Colorado 81611 5/28/2018 970 925 1125•Cell 970 948 1012•dave©daverybak.com ISSUE: MARCH 29,201� _Robak AmInteeture and Development,P.C. ASPEN BUILDING DEPARTMENT / SKYLIGHT ASSEMBLY -4EDARK BONZE IL.—� SKYLIGHT ASSEMBLY ALUM.CAP I- II VICOR ULTRA N UNDERLAYMNET I JI. ASSUMED CURB 2X FRAMING ,`„W,® =' INSULATION — ¢ _.� ,. ASSUMED CURB N - S V ♦♦♦ � INSULATION w 5/8"PLYWD l � ������ �♦���� ROOF MEMEBRANE NCO! WARM AIR SHEATHING '3® ����� � ®/ ADHEARED TO STEEL E O ♦�♦�♦�♦�♦�♦♦® -�. /" SPRAY FOAM 9%P O '`®/ .,♦�♦�♦�♦�♦�♦�♦�'� -m, .. INSULATION R-49 EXISTING ROOF TUBE • 1 • m Z ROOF MEMBRANE e���������� STRUCTURE • w a a FLASHING .:,?!,���������������� \ ri ri /' > F EXISTING �♦ r m ri ri ri riC rr r. O STRUCTURE 1 .� .� �i �����`� OCO \aAgs:5I NI6'. CUT BACK EXISTING in ZZ »7>a j'i'—IU a I dkit Z-m ROOF MEMBRANE AND FLASHING y ASSUMD ROOF C ASSUMD ROOF INSULATION > •Cto c STEEL WILL TRANSMIT INSULATION > \;q COLD TEMPERATURES, CONDENSATION WILL •II.'� OCCUR ON ALL SURFACES • OF STEEL DUE TO THERMAL DYNAMICS OF r NEWTS FRAME > NEW TS FRAME > i �l" UNISULATED SPACE i n ° WARM AIR i d J.,. EXISTING ROOF EXISTING ROOF FRAMING FRAMING ASSUMED ASSUMED • INTERIOR FINISH INTERIOR FINISH WARM AIR EXISTING HT > E;——— EXISTING HT > :i SKYLIGHT CURB-PROPOSED O SKYLIGHT CURB-EXISTING CONDITION 2 MODIFICATION 3"=1'-0" O 3"=1'-0" \ ---_______ EXISTING CONDO.RODENTS THE f kHEIGHT OF THIS CURB FROM BONG I. .► OULD BRING SKYLIGHT INTO SNOW LINE `1 GAINST A.I.A.RECOMMENDATION- \ '— OSKYLIGHT VIEW-EXISTING CONDITION O PROPOSED CURB FROM ROOF 1 1/2"=1'-0" nvno x lz ARROWHEAD CONDOMINIUMS A5 Architecture&Development,P.C. DECEIVED m x m V/ II PROPOSED DETAILS SCALE: As indicate fi00 East Hopkins Avenue,Suite 303 Aspen,Colorado 81611 5/25/2018 970 925 1125 Cell 970 948 1012-dave@daverybak.com ISSUE: MARCH 29,201� _Rvbaw n,mft&,,,e ppa oerempmept,p.c ASPEN BUILDING DEPARTMENT IBIT i 449 eKfi � � � F NI�. . fle .,01- Nre .- 4. � i.. I ASt „„liitk ....... . ...40V.' . t .. c. 4: UNIT D % 11, /' 0 o ,42 e, ,/,/ iao 415\:%44Lyb'l -F-WENT FIRST FLOOR PLAN xnLc *' -i o' ilt\ RECEIVED 05/25/2018 ASPEN BUILDING DEPARTMENT EXHIBIT I Cals e Ir ,« ;a).C � . ••z,tt, 7\''‘ 4 . •_ _ 0�� �'��i A < o A1' 1, 4 Ct4s es> tt``r,�1. 0� •It,y ` �� /1.> I UP4 B ,/ / 0 IT kU 140 (c N. e. SECOND FLOOR PLAN xni.c Ye,'•t a RECEIVED 05/25/2018 ASPEN BUILDING DEPARTMENT