HomeMy WebLinkAboutresolution.council.083-02 SOLU IONNO.'
(Series of 2002)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADDENDUM TO THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF ASPEN AND CHARLES TOWER
FOR A PROPERTY LEGALLY DESCRIBED AS LOTS H AND I, BLOCK 35,
CITY AND TOWNSITE OF ASPEN WHICH IS IMPROVED BY THREE
CABINS KNOWN AND LOCATED AT 303, 305, AND 307 SOUTH CLEVELAND
STREET.
Parcel ID: 2717-182-31-002
WHEREAS, Charles Tower is the current owner of certain real property located in
the City of Aspen, described as Lots H & I, Block 35, City and Townsite of Aspen
(collectively, "the Property"). The Property is improved by three cabins known as 303
S. Cleveland, 305 S. Cleveland, and 307 S. Cleveland (the "Cabins") built between 1948
and 1952; and
WHEREAS, in 1992 the City listed the Cabins on its Inventory of Non-Landmark
Historic Sites and Structures (the "Historic Inventory"). The City's Historic Preservation
Commission ("HPC') confirmed the listing of the Cabins on the Historic Inventory
at a public hearing on November 15, 2000; and
WHEREAS, on November 20, 2000, Tower filed with the City a Notice of Appeal of
the HPC's action. Tower asserted a number of bases for his appeal, as set forth in
correspondence to the Aspen City Council dated December 11, 2000; and
WHEREAS, the City Council considered Tower's appeal at a public hearing held
December 18, 2000. At that hearing Tower and the City explored the idea of settling
Tower's claims by allowing the Cabins to be moved to a location offthe Property; and
WHEREAS, additional discussions between the City and Tower regarding the
settlement proposal took place at a number of public hearings in 2001; and
WHEREAS, the City and Tower completed their discussion regarding a settlement of
Tower's appeal and his other claims and entered into a Settlement Agreement dated July
23rd, 2001. The agreement was adopted by City Resolution No. 155 (Series of 2000)
and filed with the Pitkin County Clerk and Recorder, entry number 458024; and
WHEREAS, the Settlement Agreement provided in part that the three Cabins would
be relocated from the Property to certain real property owned by the City at the
intersection of Juniper Hills Road and Highway 82 in Pitkin County, known as
"Cozy Point Ranch;" and
WHEREAS, as required by the Settlement Agreement, the City sent Charles Tower a
"Notice of Readiness to Relocate Cabins." The Notice gives Tower until October 9,
2002, to move the cabins to Cozy Point Ranch; and
WHEREAS, with all other conditions of the Settlement Agreement to remain intact,
Charles Tower has requested an extension until May 31, 2003, to move the Cabins to
Cozy Point Ranch. The City in the mean time will incur a cost of approximately
thirty-four thousand and five hundred dollars ($34,500.00) to build the receiver pads
for the Cabins and would incur an additional cost of fqur thousand and three hundred
dollars ($4,300.00) if the Cabins are not moved and the pads need to be demolished; and
WHEREAS, the City is not opposed to an Addendum to the Settlement Agreement
which would grant the time extension provided that the City is reimbursed for its out
of pocket money in the event that the Cabins are not moved to the receiving site by
May 31, 2003; and
WHEREAS, City Council finds that the proposed "Addendum to Settlement
Agreement," attached hereto regarding the timing of relocation of three cabins at 303,
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305, and 307 South Cleveland Street will not diminish the public interest, health, and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.316 of the Aspen Municipal Code, thc City Council of thc
City of Aspen, Colorado, does hereby affirm this Resolution and thereby agrees to the
terms of the proposed "Addendum to Settlement Agreement" between the City of Aspen
and Charles Tower, which is attached hereto regarding the property legally described as
Lots H and I, Block 35, City and Townsite of Aspen and improved by three cabins known
and located at 303,305, and 307 South Cleveland Street.
Section 2:
By the action of the City Council approving the proposed "Addendum to Settlement
Agreement," the Settlement Agreement between Charles Tower and the City of Aspen
shall remain in full force and effect except that Charles Tower will be granted an
extension of time to May 31, 2003, to move the Cabins to Cozy Point Ranch, and
Charles Tower provides the City with financial guarantees concerning the $34,500.00
cost of constructing the pads and the potential cost of demolishing the pads in the
amount of $4,300.00 - all as outlined in the Addendum.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
FINALLY, adopted, passed, and approved this day of 2002.
Approved as to form: Approved a. sj~ cpn, te$W
~r~kTt~or[~e~y ' - Hel alintKl~td'~eer~l, Mayor
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ATTEST:
KathD/n S. K~h, City Clerk
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ADDENDUM TO SETTLEMENT AGREEMENT
This Addendum to Settlement Agreement is made this day of August, 2002, by and
between Charles Tower ("Tower") and the City of Aspen, a home rule municipality (the "City"):
RECITALS
A. Tower is the current owner of certain real property located in the City of Aspen,
described as Lots H & I, Block 35, City and Townsite of Aspen (collectively, "the
Property"). The Property is improved by three cabins known as 303 S. Cleveland,
305 S. Cleveland, and 307 S. Cleveland (the "Cabins") built between 1948 and 1952.
B. In 1992 the City listed the Cabins on its Inventory of Non-Landmark Historic Sites
and Structures (the "Historic Inventory"). The City's Historic Preservation
Commission ("HPC") confirmed the listing of the Cabins on the Historic Inventory
at a public hearing on November 15, 2000.
C. On November 20, 2000, Tower filed with the City a Notice of Appeal of the HPC's
action. Tower asserted a number o£bases for his appeal, as set forth in
correspondence to the Aspen City Council dated December 11, 2000.
D. The City Council considered Tower's appeal at a public hearing held December 18,
2000. At that hearing Tower and the City explored the idea of settling Tower's
claims by allowing the Cabins to be moved to a location off the Property.
E. Additional discussions between the City and To~ver regarding the settlement
proposal took place at a number of public hearings in 2001.
F. The City and Tower completed their discussion regarding a settlement of Tower's
appeal and his other claims and entered into a Settlement Agreement dated July 23rd,
2001. The agreement was filed with the Pitkin County Clerk and Recorder, entry
number 458024.
G. The Settlement Agreement provided in part that the three Cabins would be
relocated from the Property to certain real property owned by the City at the
intersection of Juniper Hills Road and Highway 82 in Pitkin County, known as
"Cozy Point Ranch."
H. As required by the Settlement Agreement, the City sent Charles Tower a
"Notice of Readiness to Relocate Cabins," which is dated Jmae 21, 2002, and is
attached hereto and incorporated herein as "Exhibit A." The Notice gives
Tower until October 9, 2002, to move the cabins to Cozy Point Ranch.
I. With all other conditions of the Settlement Agreement to remain intact, Charles
Tower has requested an extension until May' 31, 2003, to move the Cabins to
Cozy Point Ranch. The City in the mean time will incur a cost of approximately
thirty-four thousand and five hundred dollars ($34,500.00) to build the receiver pads
for the Cabins and would incur an additional cost of four thousand and three hundred
dollars ($4,300.00) if the Cabins are not moved and the pads need tO be demolished.
NOW, THEREFORE, in consideration of the time extension to benefit Charles Tower and the
financial risk to the City, the parties agree as follows:
1. Extension of time: Section 2(2) of the Settlement Agreement ~s hereby deleted and the
following language substituted for said Section 2(2):
(2) deliver on or before May 31, 2003, at his expense, all three Cabins to the
concrete pads described above. The City shall pay or have waived the cost of any
building permit, tax and any other fee or expense imposed by any governmental
entity incurred as a result of the relocation of the Cabins to Cozy Point Ranch.
Tower's delivery of the Cabins may be delayed as reasonably necessary to
accommodate the schedule of the moving company, the vicissitudes of the
weather or the readiness of the concrete pads. Tower shall convey, and the City
shall accept, title to the Cabins at the time they are delivered to Cozy Point
Ranch. Conveyance shall be by Bill of Sale in the form attached hereto as Exhibit
B.
2. Indemnification of City: If the receiving pads at Cozy Point Ranch are completed by
the City pursuant to the Settlement Agreement and if Tower breaches the Settlement Agreement,
Charles Tower shall, no later than 30 days after notice from the City, compensate the City for its
actual costs incurred in building the pads and its estimated cost of removing the pads, said
amounts not to exceed thirty-four thousand and five hundred dollars ($34,500.00) and four
thousand and three hundred dollars ($4,300.00) respectively.
3. Date Certain for Completion of Concrete Pads. Notwithstanding any other provision of the
Settlement Agreement or of this Addendum of Settlement Agreement, the City shall complete,
by May 1, 2003, all work necessary to allow the concrete pads to be used on that date as
foundations for the Cabins. The City's failure to provide the concrete pads in a usable condition
by May 1, 2003, shall be a material default under the Settlement Agreement, allowing Tower to
exercise the remedies described in Section 3 thereof.
4. All other conditions of the Settlement Agreement of July 23, 2002 (entry number 458024),
including enforcement and miscellaneous provisions, shall remain in full force and effect and
shall also apply to this Addendum to the Settlement Agreement.
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IN WITNESS WHEREOF, the parties have agreed to this Addendum to the Settlement
Agreen~ent as of the date first above written.
Charles Tower
STATE OF COLORADO )
) SS.
Coar~ty of Pitkin )
The foregoing Addendum to Settlement Agreement was acknowledged before me this
day of September, 2002, by Charles Tower.
Witness my hand and official seal
My commission expires:
,/' .,,,,
~' Co::'; ..... "~/~ :~
By:
rathryn Koch,~t~ C~erk°
STATE OF COLO DO )
) ss.
County of Pitkin
~ The foregoing Addendum to Settlement Agree~k~,)~. ~.asaclcr~'k~ged before me this
~e~ day of September, 2002, by Helen Klanderud~--ri~"~:r~l$~City of Aspen and Katherine
Koch as City Clerk of the City of Aspen.
WITNESS my hand and official seal.
My commission expires: ~/~_
t-ar~ Public
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