HomeMy WebLinkAboutLand Use Case.501 W Main St.A4702Ca,05 AD H-1-02 - Christiania 501 W. Main - 2735-124-49- - 001 ~4-12 Extension 6,/AA+AJED E <UUL \ P U 7 1.
.. CASE NUMBER A047-02 PARCEL ID # 2735-124-49001 CASE NAME Christiania Extension of PUD Recordation PROJECT ADDRESS 501 W. Main St. PLANNER Fred Jarman CASE TYPE Extension of PUD Recordation OWNER/APPLICANT 501 W. Main St. LLC REPRESENTATIVE Mich Haas DATE OF FINAL ACTION 5/14/02 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 5/17/02 BY J. Lindt
.. .. PARCEL ID:~2735-124-49001 DATE RCVD: ~5/9/02 #COPIES:~ CASE NO~A047-02 CASE NAME:~Christiania Extension of PUD Recordation 9. ~ PLNR: Fred Jarman - PROJ ADDR:| 501 W. Main St. CASE TYP:~Extension of PUD Recordation STEPS:~ 1 - . , I OWN/APP:|501 W. Main St. LLC ADR C/S/Z: PHN:~ . ; REP:jMich Haas ADR: Clslz: PHNi ...#7 ' ~~12.·..3 . ;17'' FEES RCVD~ Bill Applicant ; STAT: r-- v FEES DUE:]500 D REFERRALSI 1493...2 ...941 1 4 44··~ :- ·.*E~*M'' REFI BYI DUE:~ *4 I BE*''I:/*/3/.:*m·· MTG DATE REV BODY PH NOTICED c.;i.~' ~>A*%3>·f, t.· r... ' - · A ~ ·~ ::{i- .- ~l J.· . . . · b r .- DATE OF FINAL ACTION,-5/14/0=-1 CITY COUNCIL: REMARKS| PZ: 942.' .: F BOA: CLOSED: K//*BY:EX. Lut- DRAC: #: *<2~:6·.46'<&*e.=./42.2-#.I««* PLAT SUBMITD: | PLAT (BK,PG):1 ADMIN: PAO/D\./Bal ~47 >r ·
.. NOTICE OF DECISION TO: Mitch Haas, Haas Land Planning FROM: Julie Ann Woods, City of Aspen Community Development Director Fred Jarman, Planner pr RE: Extension for Recordation of PUD Documents Request DATE: May 14,2002 SUMMARY Mitch Haas, representative for the Christiania Lodge LP/ PUD project, requests a thirty (30) day extension of the recordation deadline in order to record the necessary PUD Plans, Final Plat and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder' s office for the Christiania Lodge PUD proj ect. BACKGROUND Ordinance No. 27, Series 2001 granted certain approvals to the Christiania Lodge PUD. The Applicant was provided 180 days following the final action of the Historic Preservation Commission to record all the necessary PUD The Christiania Lodge PUD received approval from the Aspen City Council on August 27th , 2001 and is memorialized through Ordinance No. 27, Series of 2001. According to Section 26.445.070(A) of the Land Use Code, the Christiania Lodge is required to have all necessary PUD Plans, Final Plat and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office. That expiration date will become effective on June lott 2002. However, the Applicant requested a thirty (30) day extension for this action. In order to request an extension, the request shall be made to the Community Development Office at least 30 days prior to the final expiration date. The Applicant submitted the appropriate request on May 9th, 2002, which satisfies the 30-day requirement. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. STAFF FINDING The Christiania Lodge has been working on completing their paperwork including the final draft of the PUD / Subdivision Agreement which has been submitted for review by the City on the same day this recordation extension request was submitted to Staff. Staff finds that the Applicant has been diligently working towards the completion of the required and necessary documents to be recorded. Staff finds that there is a community interest by providing an extension of thirty (30) days to expire on July 1Ott 2002.
.. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the Christiania Lodge PUD proj ect for thirty (30) days to expire on July lot 2002 finding there is a community interest for providing such an extension. 0~«.0-AU.-9» 5-- /(4 (a L J~~/Ann Woods, Community Development Director Datd %40444*7 004 40 094<LI-' 7.-, ~2002 Ck,- , 4* »44>
.. HAAS LAND PLANNING, LLC May 9,2002 Mr. Fred J arman Aspen City Planner 130 South Galena Street Aspen, CO 81611 RE: Request for Extension of Christiania Lodge Recordation Deadline Dear Fred: As you are aware, Ordinance Number 27, Series of 2001 granted certain approvals for the Christiania Lodge PUD. The ordinance is set to expire on June 10, 2002. The Code and recent interpretations thereof allow for administrative approval of an extension request, provided such request is submitted no less than thirty days prior to the expiration. We have been diligently and in good faith working toward completion of the PUD Plans, Agreement and Plat. We have today submitted paper copies of the PUD Plans, Agreement and Plat for review and redlining. If changes are needed, they will be made. After these documents are determined to be adequate by the City, mylar copies of the Plans and Plat and a final copy of the Agreement will submitted with signatures in place for recordation. This final review and recordation stage could and often does take a couple of weeks to complete. As such, we are requesting a thirty (30) day extension of the recordation deadline, from June 10 to July 10, 2002. Hopefully, we will not need any of the additional thirty days, but our opportunity to request the extension is almost gone. tki''can be of further assistance in any way, or if you should have any questigpi please do not hesitate to contact me. You can reach me at the phone numbdr provided, or by email at mhaas@sopris.net. Yours truly, anning, LLC D ivuren naas, AICP Owner/Principal CC: Julie Ann Woods, Community Development Director Greg Hills, Owner c:/my documents/administrative/Christiania Extension2 •201 N. MILLSTREET, SUITE 108 • ASPEN, COLORADO•81611 • • PHONE: (970) 925-7819 • FAX: (970) 925-7395 ·
. 0 DRAFT PUD AGREEMENT FOR THE CHRISTIANIA LODGE PROJECT THIS AGREEMENT is made this day of , 2002, between 501 West Main, LLC, a Colorado limited liability corporation, (the "Owners") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, the Owners own that certain real property (the "Property") known as the Christiania Lodge located at 501 West Main Street in the City of Aspen, County of Pitkin, legally described as: Lots A, B, C, D, E, F, G, H and I, Block 31, City and Townsite of Aspen, County of Pitkin, State o f Colorado; and, WHEREAS, the Property is being redeveloped by the Owners as follows, where said redevelopment is hereinafter referred to as the "Project": • The main lodge structure at the corner of 4th and Main Streets will be razed and replaced; - The swimming pool will be remodeled in its current location; • The one-story, Callahan Cabin will be repaired after being relocated onto a new foundation along the middle of the Main Street frontage, alongside the swimming pool and in front of a grouping of large conifers. The cabin will also undergo an interior remodel to facilitate its use as a one-bedroom employee dwelling unit; * The two Pan Abodes will be moved onto new foundations fronting on Main Street, alongside and to the west o f the relocated Callahan Cabin; • The dark brown one-story building currently located at the corner of 5th and Main Streets will be demolished; • A new three-unit structure will be constructed in place o f the demolished structure at the corner of 5th and Main Streets, next to the relocated Pan Abodes; • The area along the alley that is currently occupied by the two Pan Abodes and the fenced spa/hot tub area will be the site of a new three-story building; • The existing duplex and fourplex structures along the alley will be demolished and replaced, using the existing foundations with only minor modifications. The basement below the fourplex will be remodeled; • When complete, there will be three deed restricted, affordable rental units on site, including two studio units and a one-bedroom unit. WIIEREAS, pursuant to Ordinance No. 27, Series of 2001 ("Ordinance"), the City granted Minor Planned Unit Development approval for the Project; and, WHEREAS, the City and the Owners wish to enter into a PUD Agreement for the Project; and,
, Christiania POD 1tgrehnent · r' 1 Page 2 of 9 6 . 0,. - i . ..; f.l..,.J WHEREAS, Owners have submitted to the City for approval, execution and recordation, a final plat for the Proj ect (the "Plat") and the City agrees to approve, execute and record the Plat at Owners' expense on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration o f the mutual covenants contained herein, and the approval, execution and acceptance o f the Plat for recordation by the City, it is agreed as follows: 1. Description of Proiect. Refer to the second "Whereas" statement, above. The Project includes 32 lodging bedrooms amongst 25 lodge units, and 3 deed restricted affordable housing bedrooms amongst 3 units, for a combined total of 28 units and 35 bedrooms. The Project includes 3 studio units (two of which are deed restricted affordable housing units), 17 one-bedroom units (one o f which is a deed restricted affordable housing unit), 7 two- bedroom units, and 1 three-bedroom unit. All lodging units shall comply with the definition for "lodge," as set forth at Section 26.104.100 of the Aspen Land Use Code on the date the Ordinance was approved. 2. PUD Dimensional Requirements. As set forth in Condition 8, Section 1 of the Ordinance, the following dimensional requirements were approved by the City as part of the Project, are shown on the Final PUD Development Plans, and shall be printed on all final building permit plan sets: a. Minimum Lot Size: 27,000 square feet. b. Minimum Lot Area per Dwelling Unit: No requirement. c. Maximum Allowable Density: One lodge or residential bedroom per 770 square feet of lot area. d. Minimum Lot Width: 60 feet. e. Minimum Front Yard: 5 feet. f. Minimum Side Yard: 2 feet on the east, and 5 feet on the west. g. Minimum Rear Yard: 0 feet. h. Maximum Site Coverage: No requirement. i. Maximum Height: 30 feet to the one-third point of pitched roof, 34 feet to the ridge. j. Minimum Distance Between Buildings: 5 feet between the relocated Pan Abodes, and 7 feet between all other buildings. k. Minimum Percent Open Space: No requirement. 1. Trash Access Area: 11 foot by 8 foot (88 square feet) enclosure with a shed roof. m. Allowable Floor Area Ratio (FAR): 0.85:1 (21,800 square feet of floor area). n. Minimum Off-Street Parking Spaces: 0.28 spaces per bedroom (10 on-site spaces). 3. Acceptance o f Plat. Upon execution o f this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith and reduced-size PRAFT
.. Christiania PUD Agreement Page 3 of 9 copies ofwhich are attached hereto as Exhibit "A," which conforms to the plat requirements o f the Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owners' payment of the recordation fee. The City has further required the submission and recording o f PUD Development Plans which are attached hereto at a reduced size as Exhibit "B." If the approved PUD Development Plans change subsequent to this approval, a complete set of revised plans shall be provided to the Engineering and Community Development Departments for review and evaluation. 4. Development Requirements. The following development requirements will be satisfied by Owners pursuant to Ordinance No. 27, Series of 2001. a. Affordable Housing. The Project does not entail any net increase in units or bedrooms from that which currently exists and, therefore, there is no net increase in employee generation. Notwithstanding this recognized fact, the Project includes three deed restricted affordable housing units (not limited to employees of the Project). The existing one-bedroom unit located in the subgrade level o f the fourplex structure on the alley will be split into two (2) studio units of approximately 370 square feet each in their current location or be slightly enlarged and relocated to below the main lodge building. Irrespective of final location, each o f said units will be deed restricted to the Category 2 level as described in the Aspen/Pitkin County Affordable Housing Guidelines (the Guidelines). In addition, the relocated Callahan Cabin will be remodeled as a one- bedroom affordable housing unit, also deed restricted to the Category 2 level as described in the Guidelines. These three units provide housing 4.25 full-time equivalent employees (FTEs), which is 2.5 FTEs more than the existing development provides. A credit for housing 2.5 FTEs shall, therefore, be maintained by the Project. Approval was granted by the City to rent the affordable housing units to anyone who qualifies under the terms of the Guidelines. However, if any unit(s) is rented to employees ofthe lodge, the income and asset restrictions associated with the Category 2 deed restriction shall be waived. Conversely, if any unit(s) is rented to persons not employed by the Lodge, the standard stipulations o f the Category 2 deed restriction shall apply. In an effort to be consistent with Section 38-12-301, C.R.S., and the Colorado Supreme Court decision on the Town of Telluride v. Lot Thirty-Four Venture L.L.C. (Case No. 98- 5C-547, decided June 5, 2000), Owners desire to grant to the Aspen/Pitkin County Housing Authority (APCHA) an undivided one-hundredth of one percent (0.01%) ownership interest in the above-described affordable housing units of the Project. With the APCHA consent to accepting an interest in the property, the Owners agree to indemnify and hold harmless for any claims, liability, fees, or similar charges related to ownership of an interest in the affordable housing units. Conveyance of the undivided one-hundredth of one percent (0.01%) ownership interest from Owners to the APCHA shall take place prior to or concurrent with issuance of a Certificate of Occupancy for the units and after said units have been rendered capable of separate conveyance by way of condominium map or the similar (as described in paragraph 5, below). The APCHA shall DRAFT
.. Christiania PUD Agreement Page 4 of 9 not be entitled to the payment of monies upon sale or rental at any time o f any residential units in the Project, nor shall the APCHA be entitled to derive any economic benefit by virtue of its undivided interest in the Project. Owner reserves the right to submit an alternative option, subj ect to review and acceptance by the City Attorney, to satisfy the rent control issue. b. Wastewater and Surface Drainage. Drainage line(s) will be discharged to a dry well(s). The dry well(s) shall be maintained in good working condition by the Owners and access for maintenance shall be provided by the installation of manhole with cover. Owners shall design and install an internal sewer service system with a manhole connection to Aspen Consolidated Sanitation District's (ACSD) main in the ally, as required by ACSD. A tap permit and, i f necessary, shared service agreement will be completed at the o ffice of the ACSD; payment of the total connection charges shall be made prior to the issuance o f a building permit. The site development will meet the runoff design standards o f the Aspen Municipal Code at Section 26.580.020(B)(6). Full soils reports, drainage plans, and erosion and sediment control plans for both during and after construction, will be submitted for review by the Engineering Department as part of the building permit application. c. Utility Connections. Utility meters and service connection points will be accessible to service personnel in the completed project and will not be obstructed by garbage or recycling containers, other structures or vegetation. Any necessary and new utility easements, required for surface utilities such as a pedestal or other above-ground equipment, shall be shown on the plan set submitted for building permits. The Owners shall install and replace utility service lines and appurtenances, as required, to the standards o f the utility provider. The costs o f any necessary upgrades to existing utility lines, systems, and/or facilities attributable to this development will be borne by the applicant. The Owners will use good faith efforts to not disrupt utility service to adjacent properties during construction. Owners shall comply with the City o f Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. d. Fire Protection. Owner shall install a fire sprinkler system for the entire Project, as required by the City o f Aspen Fire Protection District. Owner reserves the right to request from the Fire Marshal an exemption from this requirement as it would apply to the historic Callahan Cabin and two Pan Abode structures. e. Dust and Mud Control. Prior to the issuance o f any building permits, Owners shall obtain from the City approval of a Fugitive Dust Control Plan. The Fugitive Dust Control Plan will include, as a minimum, plans for fencing, watering o f dirt roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property lines or causing a nuisance. Mud shall not be tracked onto City streets during demolitions. A washed rock or other style mud rack shall be installed DRAFT
.. Christiania PUD Agreement Page 5 of 9 during construction as a requirement of the City of Aspen Streets Department. f. Future Improvement District(s). Owners agree to join any future improvement district(s) formed for the purpose o f constructing public improvements which benefit the property under a fair share assessment formula. Prior to the issuance of a Certificate of Occupancy for any part of the Project, Owners agree to sign a sidewalk, curb and gutter construction agreement and pay any applicable recording fees associated therewith. g. Encroachments and Work in the Public Rights Of Way. Owners shall either remove any encroachments into the public rights-of-way or be subject to current encroachment license requirements, as required by the City o f Aspen Engineering Department. All on- site parking spaces shall be clearly delineated so as to fall within the property lines without encroachment into the alley or other public right-of-way. To the extent required, Owners shall pay the appropriate Street Impact Fees to the City o f Aspen for excessive wear to streets caused by construction traffic, and such fees are to be determined by the City o f Aspen Engineering Department in accordance with the authorities granted by the Municipal Code. For proposed work in public rights of way, Owners must receive approval from: • The City Engineer for design of improvements, including landscaping; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. h. Exterior Lighting and Streetlights. Any and all outdoor lighting shall comply with the applicable portions of Section 26.575.150, Outdoor Lighting, of the Aspen Land Use Code. I f the existing street lights are disturbed or damaged during construction, they shall be repaired or replaced in kind, as required, in alignment with the other street lights along the subject street. j. Sidewalk, Curb and Gutter Improvements. Owner shall repair and/or construct sidewalks, as applicable, along the street frontage abutting the Project such that the new or repaired sidewalk connects and aligns with the existing sidewalks. Curb and gutter meeting City specifications shall be installed or maintained, as applicable, along the length of all sidewalks abutting the Project. If Owner chooses to heat the new sidewalks for snow and ice melting purposes, there shall be no use of Glycol and the City shall not be required to replace or repair the heating system if the City ever has to cause damage to said system en route to completion o f necessary work in the right-o f-way. Owners shall install a pedestrian access way from Main Street southward to the alley along 4th Street in front of the current head-in parking. k. Construction Parking/Staging. A construction management and parking plan shall be submitted to the City as part o f the building permit application for review and approval by the City Engineer, Parking and Transportation Departments, Streets Department, and DRAFT
.. Christiania PUD Agreement Page 6 of 9 Utilities Department. As necessary, the plan shall describe traffic detouring, parking, and staging areas for construction of the Project. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. The Owners shall inform the primary contractor about any agreement that might be reached regarding construction management, construction staging, and contractor parking. 1. Trees, Protection, Removal Permits, and Planting Plans. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated. Owners shall submit to the City of Aspen Parks Department a detailed tree plan that includes tree diameters and species. Said plans shall clarify the surface o f any paths or walking surfaces within drip lines o f any trees to be preserved, and an excavation plan shall be provided to the City Parks Department for their review and approval as part of any building permit applications. Tree saving construction fences shall be installed around the drip line o f any trees to be preserved. Neither low shrubs nor evergreen trees shall be planted in the 5th Street right-of-way. Owners shall consult with the City Parks Department as to an appropriate streetscape planting plan. In addition, root barrier systems shall be installed in order to keep tree roots away from sidewalks so as to prevent up-lifting ofpublic walking surfuces. m. Parking. A total of ten (10) on-site parking spaces shall be provided for the Project. Priority for the use of three (3) of these parking spaces shall be given to the occupants of the three affordable housing units; in the event the occupants of the affordable housing units do not use the priority spaces, said spaces shall remain available to general use of the Project's other occupants. n. Building Permit Plan Requirements. In addition to such requirements enumerated above and otherwise required by the City o f Aspen Building Department, the following information shall be submitted as part of the building permit application: a construction dust and noise mitigation plan; a site improvement survey prepared by a licensed professional surveyor where said survey includes, as a minimum, monuments, setback lines, utility lines, pedestals and poles, easements, existing features (irrigation ditches, sidewalks, driveways, buildings, trees, etc.), and the surveyor's seal dated within twelve (12) months of the submittal; and, plans for all improvements, snow storage, utility pedestals. o. Asbestos. Owners shall noti6 the State prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector must conduct an inspection. I f there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. Owners shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building permits. p. Contractor Knowledge of Conditions. The building permit application shall include a signed letter from the primary contractor stating that the conditions of the development order as specified in the Ordinance and construction management plan have been read and understood. DRAFT
.. Christiania PUD Agreement Page 7 of 9 5. Colorado Common Interest Ownership Act (CCIOA). As soon as construction ofthe Project allows, Owner anticipates submitting the Project to a plan for condominiumization created pursuant to Colorado Common Interest Ownership Act (CCIOA). The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As the Owners have provided affordable housing pursuant to the Code, the Project is exempt from paying the Affordable Housing Impact fee. Owners shall record a declaration for a common interest condominium community and shall create a corporate non- profit homeowner's association ("Association") and articles of incorporation and by-laws. The Association shall be responsible for the perpetual maintenance of the Project common elements and/or common expenses including keeping the premises in good repair and in a clean and attractive condition. Membership in the homeowner association shall inure to a unit owner on the trans fer o f title. The Association board o f directors shall consist of at least three unit owners in the Project. The Association shall be required to ensure continued compliance with this PUD Agreement. 6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Agreement and the Final Subdivision Plat shall be recorded in the o ffice o f the Pitkin County Clerk and Recorder. Failure on the part of the Owners to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval o f the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one-hundred eighty (180) day recordation requirement contained herein shall not apply to the recording o f condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. 7. Security for Public Improvements. In order to secure the performance of the construction and installation o f the public improvements described above, Owners shall provide a bond, letter of credit, cash or other guarantees in a form satis factory to the City Attorney prior to the issuance of any building permits for the Project. Said guarantee will be delivered to the City prior to the issuance to the Owners of a building permit for the Project. As part of the building permit application, a list of the improvements that are being guaranteed, as estimated by the Owners' engineer and as accepted by the City, will be submitted. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. As portions o f the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, s/he shall authorize the releases o f the agreed estimated costs for that portion o f the improvements, except that ten percent o f the estimated costs o f the improvements shall be withheld for the benefit of the City until the completion o f all o f the described public improvements. The Owners shall require all contractors to provide a warranty to the City that all improvements were DRAFT
.. Christiania PUD Agreement Page 8 of 9 constructed to accepted standards of good workmanship for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair o f those municipal improvements shall be provided by Owners to the City. 8. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: 501 West Main, LLC c/o Mr. Greg Hills, Managing Partner 314 South Galena Street, Suite 200 Aspen, CO 81611 With Copy To: Mr. Millard Zimet 201 N. Mill Street, Suite 203 Aspen, CO 81611 To City of Aspen: City Manger 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 9. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 11. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation Kathryn S. Koch, City Clerk Helen Kalanderud, Mayor
.. Christiania PUD Agreement Page 9 of 9 APPROVED AS TO FORM: John Worcester, City Attorney OWNERS: 501 WEST MAIN, LLC By: Greg Hills, Managing Partner STATE OF COLORADO ) )ss 09-1- COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2002, by Helen Kalanderud, Mayor, and Kathryn S. Koch, City Clerk. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2002, by Greg Hills, as Managing Partner of 501 West Main, LLC. Witness my hand and official seal. My commission expires: Notary Public c:\documents\city applications\Christiania PUD Agreement