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HomeMy WebLinkAboutAppendix C. Exhibit 5 DRAFT Ski Operations Plan1 DRAFT SKI OPERATIONS PLAN: Aspen Mountain Lift One Corridor Aspen Skiing Company, L.L.C. (ASC) controls and operates Aspen Mountain pursuant to a Special Use Permit granted by the US Forest Service as well as property and use rights to numerous privately and publicly owned land parcels on Aspen Mountain. Norway Island LLC has submitted an application seeking to develop a hospitality project known as “Gorsuch Haus” together with related ski and hospitality operations infrastructure (the “Gorsuch Haus Application”). Lift One Lodge Aspen LLC has submitted an application seeking to develop a hospitality project known as “Lift One Lodge” together with related ski, hospitality, park and museum operations related infrastructure (the “Lift One Lodge Application”). The Gorsuch Haus Application and the Lift One Lodge Application, together are sometimes referred to as the “Lift One Corridor”. As part of preliminary approval of the Lift One Corridor, City of Aspen Ordinance No. 39, Series of 2016, recorded April 8, 2019 under Reception No. 655085 of the Pitkin County real property records (“Ordinance 39”) and City of Aspen Ordinance No. 38, Series of 2018, recorded April 8, 2019 under Receptions No. 655084 of the Pitkin County real property records (“Ordinance 38” and Ordinance 39 and Ordinance 38, collectively, the “Lift One Corridor Ordinances”) each require submission, as a part of the Planned Development – Detailed Review, of a “Draft Ski Operations Plan”. This document is intended to be that Draft Ski Operations Plan. As such, it represents and shall serve as a working tool through which ASC will establish the operating plans and procedures for ski and ski lift related summer operations throughout the Lift One Corridor, together with preliminary descriptions for how ASC’s operations will interface with the hospitality, museum and City Parks elements of the Lift One Corridor. Among other elements contained in the Lift One Corridor applications, and all as more fully detailed and described in the Lift One Corridor applications and Lift One Corridor Ordinances, the Lift One Corridor includes: •The Gorsuch Haus hotel, for sale condominiums and ancillary facilities (“Gorsuch Haus”) •Two Lift One Lodge buildings including fractional, for sale condominiums and ancillary facilities, and including a separate, third structure, the relocated Skiers’ Chalet Steakhouse functioning as a restaurant (“Lift One Lodge”) •The ski lift running through the Lift One Corridor, and replacing the existing Lift 1A, including a bottom terminal located on the Lift One Lodge garage structure (the new “Lift One”) •The repurposed Skiers’ Chalet building, used for skiers’ services operated by ASC and a ski museum developed and operated by the Aspen Historical Society (the “Skiers’ Chalet Building”) •Ski patrol facilities within the underground garage structure of the Lift One Lodge (the “Ski Patrol Area”) •Public land functioning as a park in summer, and ski facilities including skiing, ski circulation, milling and mazing and snow storage area in winter (“Dolinsek Gardens”) •A 60+ foot wide path along the east side of Gorsuch Haus and between the two Lift One Lodge buildings (the “Skiway”) Appendix C. Exhibit 5 2 • The primary front side access point to Aspen Mountain for mountain operations, deliveries, event load-in and load-out via truck to snowcat in winter and the relocated Mountain Access road in summer (the “ASC Staging and Delivery Area”) WINTER OPERATIONS Through its winter operations plan, ASC and the US Forest Service agree upon the expected opening and closing dates for each season on an annual basis (the “Ski Season”). The Ski Season dates are subject to change based upon snow, temperature and other weather conditions, as determined by ASC in its discretion. Season Preparation • In advance of the Ski Season, ASC shall have the right to make snow, farm snow, pile snow, store snow, create snow whales, spread, compact, groom, move, adjust and otherwise develop a snow surface using snowmaking water lines, connections, snow guns, snowcats, snowmobiles and other mechanical equipment and otherwise prepare the Ski Way for the Ski Season. • In advance of the Ski Season, ASC shall have the right to farm snow, pile snow, cause snow to be blown on to, store snow, create snow whales, spread, compact, groom, move, adjust and otherwise develop a snow surface using snowcats, snowmobiles and other mechanical equipment for and to adjust the snow surface on the Dolinsek Gardens. • In advance of the Ski Season, ASC shall have the right to undertake such repair, maintenance and renovation of Lift One, the Skiers’ Chalet and the Ski Patrol Area as it determines necessary, subject to all City of Aspen construction and permitting requirements. Ski Season Operations • During the Ski Season ASC shall have the right to make snow, farm snow, pile snow, store snow, create snow whales, spread, compact, groom, move, adjust and otherwise develop a snow surface using snowmaking water lines, connections, snow guns, snowcats, snowmobile and other mechanical equipment and otherwise prepare the Ski Way for the Ski Season. • During the Ski Season ASC shall have the right to farm snow, pile snow, cause snow to be blown on to, store snow, create snow whales, spread, compact, groom, move adjust and otherwise develop a snow surface snow surface using snowcats, snowmobiles and other mechanical equipment for and to adjust the snow surface on and adjust the snow surface on the Dolinsek Gardens. • Once snow making has ended for the Ski Season, as determined by ASC, ASC shall continue to have the right to farm, pile, store, groom, move, adjust and otherwise 3 manage the snow and snow surface snow surface using snowcats, snowmobiles and other mechanical equipment throughout the Ski Way and the Dolinsek Gardens. • Throughout the Ski Season, ASC shall have the right, but not the obligation to operate Lift One and the right to use the Ski Way and Dolinsek Gardens for ski area operations and recreational activities generally. • Throughout the Ski Season, ASC shall have the right, but not the obligation to operate the skier services portion of the Skiers’ Chalet. • ASC intends to operate Lift One as one of the primary, rather than secondary lifts on Aspen Mountain, provided that it will determine, in its good faith discretion when Lift One will be open. • It is ASC’s intent that the skier services portion of the Skiers’ Chalet will be open to the public any time Lift One is operational during the Ski Season, except in unusual circumstances, such as special events or due to employee limitations. MOUNTAIN OPERATIONS, INCLUDING FOOD AND BEVERAGE AND SPECIAL EVENTS • There will be an ASC Staging and Delivery Area located adjacent to and extending from the cul- de-sac on the north side of the Gorsuch Haus. This area has been designed to accommodate ASC’s access and staging for mountain operations, maintenance, food and beverage deliveries, special events and related activities. • During the Ski Season, the ASC Staging and Delivery Area will enable transfer of materials from “on the road” to “on the snow”, with transfer from wheeled vehicles to snowcats, snow mobiles or other over the snow mechanized vehicles. • Outside of the Ski Season, the ASC Staging and Delivery Area will enable ASC to access the re- routed Mountain Operations Road using wheeled vehicles. • ASC shall have the right, from time to time, as necessary for such mountain operations, maintenance, special events and related activities, to control all access to, on, and over the ASC Staging and Delivery Area. • ASC shall undertake good faith efforts to keep idling of its vehicles in the ASC Staging and Delivery Area to a minimum taking in to consideration ASC’s operational needs and in all events consistent with City of Aspen regulations. • ASC shall undertake good faith efforts to keep non-essential parking and/or parking of vehicles or storage activities within the ASC Staging and Delivery Area to a minimum taking in to consideration ASC’s operational needs. • ASC shall undertake commercially reasonable efforts to avoid blocking vehicular access to Gorsuch Haus loading dock enclosure and Gorsuch Haus loading dock enclosure’s driveway approach for any extended period of time. Additionally, ASC will undertake good faith efforts to communicate and coordinate with the Gorsuch Haus operator regarding any potential vehicular access blockages in advance, provided that the operator of Gorsuch Haus undertakes to do the same, so that both entities can work to ensure operational functionality of both. 4 • ASC shall have the right of vehicular and pedestrian access directly from South Aspen Street across the plaza located between the Lift One Lodge and the Skiers’ Chalet Steakhouse to reach the lower lift terminal of the new Lift One for purposes of ski area operations, skier access, lift loading and material transport, and for lift maintenance, repair and replacement. Such access will include the ability to place ski access gates, gantries or other technological means of controlling access to the lift on such access corridor. • ASC will undertake good faith efforts to provide the operators of Gorsuch Haus and Lift One Lodge, at the beginning of each Ski Season, with a list of special events scheduled for each upcoming Ski Season on Aspen Mountain, including, to the extent readily identifiable, which events will be hosted on the Lift One Corridor side of Aspen Mountains as well as which will have load-in and load-out impacts on the Lift One Corridor. The list of special events will include ASC contact information. NON-WINTER AND OTHER YEAR ROUND OPERATIONS • ASC shall have the right, but not the obligation to operate Lift One outside of the Ski Season for sightseeing, hiking, summer dining, and other recreational activities as it determines in its discretion, subject to any necessary City of Aspen and Pitkin County approvals. • ASC shall have the right, but not the obligation to operate the skiers’ services portion of the Skiers’ Chalet outside of the Ski Season as it determines in its discretion. • ASC shall have the right to access the Lift One Corridor outside of the Ski Season to undertake any necessary or appropriate maintenance, repair or replacement on and of Lift One. • ASC shall have the right to access the Ski Patrol Area outside the Ski Season as it determines in its discretion. CORRIDOR COORIDINATION • ASC will undertake good faith efforts to provide a first-class on-mountain guest experience for all visitors to the Lift One Corridor, including Gorsuch Haus guests, Lift One Lodge Guests and ASC guests. • ASC will undertake good faith efforts to communicate and coordinate with the operators of Gorsuch Haus and Lift One Lodge to attempt to minimize negative impacts on the hospitality operations, provided that the operators of Gorsuch Haus and Lift One Lodge undertake to do the same. • ASC shall coordinate in good faith with the City, the Aspen Historical Society, Gorsuch Haus and Lift One Lodge to develop Lift One Corridor signage that enables guests to the Lift One Corridor to find their way to the various elements of the Lift One Corridor. • Notwithstanding the foregoing, ASC shall have the right in its discretion to determine and control all elements of the ski area operations, including, without limitation, lift operations hours (summer and winter), snow grooming hours, year round delivery, maintenance, event 5 load-in and load-out planning, timing and operations etc. as it deems best and all Lift One Corridor participants, including the City of Aspen, understand and acknowledge that functional operation of the Lift One Corridor requires that ASC undertake certain maintenance and operational activities, including snow making, snow grooming, lift maintenance, load in and load out for special events and mountain operations, outside of operational hours, including during early morning, evening and night time hours throughout the Lift One Corridor as expressly noted in the Lift One Corridor Ordinances. • ASC shall adhere to all laws and city ordinances in connection with the ski area operations of the Lift One Corridor.