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Home My WebLink AboutAppendix C. Exhibit 10 DRAFT Preliminary Construction Staging Sequencing PlanPRELIMINARY LIFT ONE CORRIDOR CONSTRUCTION STAGING AND SEQUENCING DEVELOPMENT AGREEMENT THIS PRELIMINARY LIFT ONE CORRIDOR CONSTRUCTION STAGING AND SEQUENCING DEVELOPMENT AGREEMENT (the “Agreement”) dated as of ________________, 2020 is entered into by and between and among the City of Aspen (the “City”) and Norway Island LLC, a Delaware limited liability company (“NI”). RECITALS A.Lift One Lodge Aspen LLC, a Delaware limited liability company (“L1L”) is the owner of certain real property situated in the City of Aspen, Colorado (“City”), currently described as Lots 1 and 2, Lift One Lodge Subdivision/PUD. Lots 1, 2, 3 and 4, Lift One Lodge Subdivision/PUD, are intended to be resubdivided and reconfigured as Lots 1, 2 and 3, Lift One Lodge Subdivision/PD in accordance with the L1L Amendment Ordinance (defined below). Following resubdivision and reconfiguration, L1L will own Lots 1 and 2, Lift One Lodge Subdivision/PD (the “L1L Property”) and Lot 3, Lift One Lodge Subdivision/PD, will be conveyed to the City (the “City Property”). B.L1L received approvals from the City to reconfigure, resubdivide, exchange City land, and develop the L1L Property in accordance with City Ordinance No. 38 (Series of 2018) by and through a vote of the electors of the City held on March 7, 2019 (the “L1L Amendment Ordinance”). C.Aspen Skiing Company, L.L.C., a Colorado limited liability company (“ASC”) is the owner of certain real property situated in the City to be described as Lots 1 and 2, Gorsuch Haus Subdivision/PD (the “GH Property”) in accordance with the GH Ordinance (defined below). NI and ASC are parties to that certain [Purchase and Sale Agreement], (the “GH PSA”), regarding the purchase and sale of the GH Property from ASC to NI. D.NI, with the authorization of ASC as owner of the GH Property, received approvals from the City to subdivide and develop the GH Property in accordance with City Ordinance No . 39 (Series of 2016) by and through a vote of the electors of the City held on March 7, 2019 (the “GH Ordinance”). E.In accordance with both the L1L Amendment Ordinance and the GH Ordinance, l1L, NI and ASC agreed to coordinate the construction and sequencing of construction of certain ski lift facilities (the “Ski Lift Facilities”) that are requirements under both the L1L Amendment Ordinance and GH Ordinance and affect both the L1L Property and GH Property. F.Section 16(B) of the GH Ordinance provides, in part, that in accordance with City of Aspen Municipal Code Section 26.490.050, Development Agreements, the City and NI shall enter into a Development Agreement to provide for a preliminary construction staging and sequencing plan that will include coordination among Norway Island, L1L, and ASC. The GH Ordinance contemplates that such construction staging and sequencing plan shall provide that ASC will install a new ski lift, including the Future Lift Terminal (as that term is defined in the GH Ordinance) and towers, no later than as promptly as DRAFT 02/26/20 2:19 PM Appendix C. Exhibit 10 2 it reasonably and safely is able to following completion of the garage, subgrade structures and foundation, vertical construction and enclosing of the Gorsuch Haus and Lift One Lodge buildings. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Affirmation of Intent to Coordinate Construction Staging and Sequencing. NI hereby reaffirms its consent to work cooperatively and coordinate on the implementation of a construction phasing schedule. In this regard, the terms, conditions and provisions of the Memorandum prepared by Design Workshop Inc, dated November 16, 2018 (the “November 16, 2016 Memorandum”), incorporated by reference and attached as Exhibit C to the GH Ordinance and attached as Exhibit E to the L1L Amendment Ordinance, are hereby reaffirmed in their entirety. A copy of the November 16, 2018 Memorandum is attached hereto and labeled as Exhibit A. 2. Draft Construction Management Plan As part of its Detailed Project Review submission pursuant to the GH Ordinance, NI has submitted a Draft Construction Management Plan that conforms with City of Aspen Engineering guidelines for such documentation. A final Construction Management Plan will be included as part of the GH Property building permit application. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date set forth below to be effective as of the date written above. CITY: By: Name: Title: NI: NORWAY ISLAND LLC, a Delaware limited liability company By: Name: Title: 14175116_v1 EXHIBIT A RECEPTIONM 655085, 04/08/2019 at 10:18:34 AM, Pgs 27 of 31, Janice K. Vos Caudill, Pitkin County, CO Consbuelton Sequeneing In past projecls, there has.been the need to coordinate operational aspects of projects at the base of Aspen Mountain and generally there has been the ability to aaromplish such efforts, without undue sires, ft planned In advanmd. The driving fadm3 for enordirraled canstrudion srhaiule include the requirements of &r.on Skiing Comp nyoperations, a desirabla ski experience and minimtzing disturbance to skiing. Stakeholders in the Lift One Corridor Plan agree that darfing the projects together is the best method to reduce the impact to skiing and offers the ideal of are aid season interruption. This would allow earthwork, utilities, foundations, subgrade structures and exterior portions of the structures to be built during a total of 20 months of construction. The schedule below describes a method that could apply to any actual year. Assuming an April start date, following the end of a ski seasor, the Stakeholders enaision the following sequence: • Aprff Year 1: Earthwork, utilities, foundations, subgrade structures and exterior portions of the Lodge projects begin and the existing Lilt 1A is removed • WlnterYear 1. Lift 1A not to operation for the ski season. • Late summer Year2: Subterranean construction at Litt One Lodge and lift platform located over the underground parking sbuciure is completed. Lift tAreplacarnenl construction is completed to resume operation by the upcoming ski season. Construction of the skiway is completed to allow return siding to the new Lift 1A terminal. Skier services and ski patrol program construction will be complete and oocWiabie. • Fall Year2: Public park improvements, public roadways, and the exterior portions of the lodge developments are completed • WlnterYear 2: Skiing resumes on the to side of Aspen Mountain after 20 months of construction. Lodge construction areas are fully fenced to allow construction to continue as the skiing operations are underway. Construction on both lodges would continue forthe exterior portions of the building and finishing of interior spaces. When skiing retums, all Tramway Board condnionswill have been meL • Summer Year 9: Projected opening of the Litt One Corridor hotels. Completion of final site work The City of Aspen Parks and Skier Museum will also be completed Alternatively, there is a scenario upon building pernit issuance where Lift One Lodge could begin earlier. With an early, independent start, existing Lift 1A would remain operational until such time that land comprising the corridor becomes ava i laths skr1ng for return siding to the replacement lit terminal, snow storage and snow making. At that time the existing lift would be removed and skiing would disrupted fa one ski season while fun corridor construction continues. Completion Assurance Fkmncial assurance is addressed In the Land Use Code and the projects are eaPKf9d to be influenced comply with the relevant sections. This provides appropriate assurances to the City that the projects are prepared to proceed to completion. After obtaining project financing, lenders also Insist on project completion. The Aspen Skiing Company is not willing to move the 11 until there is reliance on the developers ability to proceed through final construction. In addition, the stakeholders are motivated to complete the project in their own enlightened seIfminterest. With almost 70 years of ski area operation, the Aspen Skiing Company is committed to an ongoing and secure future with the least disruption of skiing and maintaining high -quality guest experience. Other stakeholders have deep and long-term City Council Ordinance No. 39, Series 2016 Page 27 of 31 RECEPTION#: 655085, 04/08/2019 at 10:18:34 AM, Pgs 28 of 31, Janice K. Vos Caudill, Pitkin County, CO oomm6new s and a proven history in the Aspen community. The Aspen Siding Company and stakeholders are wAling to take a risk on a larger Corridor prof ut and it Is regvesled that City be wining to slow ihat rlisk to proceed. City Council Ordinance No. 39, Series 2016 Page 28 of 31