HomeMy WebLinkAboutordinance.council.066-93
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ORDINANCE
NO. ~~
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL
EXTENSION AND DELIVERY OF MU*ICIPAL WATER SERVICES TO THE ASPEN
/
COUNTRY DAY SCHOOL AND MUSIC ASSOCIATES OF ASPEN ON THE MAA CAMPUS
NEAR CASTLE CREEK ROAD.
WHEREAS, sections 11.3 of the Home Rule Charter for the city
of Aspen provides that the extension of municipal water lines
beyond the city I s boundaries to provide extraterritorial water
service shall only be approved by city council by ordinance; and
WHEREAS, section 23-56 (b) of the Municipal Code provides that
any extraterritorial provision of municipal water services beyond.
the city I G boundaries shall only be undertaken pursuant to a
written agreement between the City and the person or entity
desiring municipal water service; and
WHEREAS, a request for municipal water services has been
submitted to the city by The Aspen Country Day School and Music
Associates of Aspen, to serve that development project and
associated areas situated outside Aspen I s municipal boundaries
commonly referred to as the Music Association of Aspen Campus; and
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WHEREAS, the City Council finds the proposed agreement to be
consistent with the terms and requirements of the Municipal Code
and municipal water management pOlicies as adopted by the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1
That the Water Service Agreement between the City of Aspen and
the Aspen Country Day School and Music Associates of Aspen, for the
extraterritorial extension and delivery of municipal.water services
to that development and associated areas, a copy. of which is
attached hereto and fUlly incorporated herein as Attachment 1, be
and is hereby approved and the Mayor and the city Manager are
authorized to execute same on behalf of the city.
section 2
This ordinance shall not have' any effect on existing
litigation shall not operate as an abatement of any action or
proceeding now pending under or by virtu.e of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
Section 3
If' any section, subsection, sentence, clause, phrase or
portion of this ordinance 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.
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section 4
A public hearing
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on the ordinance shall be held on the _~
, 199i, in the City Council
day of
Chambers, Aspen city Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the city Council
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ATTEST:
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day of
of the City of Aspen on the
, 1993.
Clerk
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John S. Bennett, Mayor
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day of
FINALLY adopted, passed and approved this
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ATTEST:
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John . Bennett, Mayor
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CITY OF ASPEN
WATER SERVICE AGREEMENT
(New Development)
This Water Service Agreement is entered into March 14, 1994,
in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal
corporation and home rule city whose address is 130 South Galena
street, Aspen, Colorado 81611 (hereafter the "city"), and ASPEN
COUNTRY DAY SCHOOL, a nonprofit corporation organized under the
laws of the State of Colorado, whose address is P.O. Box 2466,
Aspen, CO 81612 (hereafter "Aspen Country Day School"), and MUSIC
ASSOCIATES OF ASPEN, a nonprofit corporation organized under the
laws of the State of Colorado, whose address is P.O. Box AA, Aspen,
CO 81612 (hereafter "owner").
WITNESSETH
WHEREAS, the City owns and operates the city of Aspen water
system in accordance with the laws of the State of Colorado, and in
accordance with the charter, ordinances, rules, regulations, pOli-
cies and resolutions of the city of Aspen, and this Agreement is
entered into in conformity with, and subject to, all such laws,
charter, ordinances, rules, regulations, policies and resolutions;
and
WHEREAS, Owner is the owner of certain real property compris-
ing approximately 22.79 acres situated in Pitkin County, Colorado,
as more particularly described in AddendunJ 1, and referred to in
this Agreement as the "Subject Property"; and
WHEREAS, Aspen Country Day School is the long-term lessee of
various portions of the Subject Property, pursuant to that certain
lease agreement dated August 25, 1992; and
WHEREAS, the city entered into a Water Service Agreement with
Owner on November 14, 1983, and in that agreement contracted to
provide water service to Owner, and recognized the long-term lease
between Owner and Aspen country Day School; and
WHEREAS, Aspen Country Day School seeks to construct on the
Subject Property the project described on Addenduln 2 hereto
(referred to herein as the "project"); and
WHEREAS, Aspen Country Day School seeks to obtain municipal
water service from the city for the Project on the subject Prop-
erty; and
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WHEREAS, the Subject Property is located outside the corporate
limits of the city; and
WHEREAS, approval for the Project has been granted by the
Board of county Commissioners for Pitkin county, and a copy of said
approval is attached as part of ExhibftB (there is no Exhibit A to
this Agreement); and
WHEREAS, water service for the Project will require the con-
struction and installation of certain water mains, lines and
related facilities as described in this Agreement; and
WHEREAS, the Municipal Code of the City of Aspen, Colorado
(the "Code"), requires that the extension of water service outside
the boundaries of the City shall be made only pursuant to a written
agreement with the city, that the City shall not be obligated to
extend such service, and may provide such service only upon a deter-
mination that it is in the best interests of the City, and that the
city may impose such requirements by agreement as it deems neces-
sary to protect its best interests; and
WHEREAS, the City's Water Service Extension Policy permits
water service extension only upon demonstration that such extension
will meet the policy goals and requirements of Resolution No.' 5
(Series of 1993) as amended June 28, 1993, pursuant to Resolution
No. 49 (Series of 1993), as the same may be further amended from
time to time; and
WHEREAS, the City requires a loop system or a cross-tie system
(at Aspen Country Day SChOOl's expense) such that when water main
extensions are made, such extensions shall be made in a manner that
will allow cross-connection with another of the City's treated
water mains to create a looped system; and
WHEREAS, the City has determined that this Agreement and all
covenants herein are necessary to comply with the Code and the
city's water policies, and the City is not entering into this
Agreement as a public utility nor holding itself out to the public
in general as capable of or intending to provide water service
extraterritorially; and
WHEREAS, the Code provides for the rating of new or expanded
water service based on potential water demand as expressed. in
equivalent capacity units (hereafter "ECU"); and
WHEREAS, the City desires to encourage the use of raw water
supplies for the purposes of lawn and other outside irrigation so
as to reduce the dependence on treated water for this purpose and
to minimize the costs of providing treated water service to the
Project and the subject Property; and
WHEREAS, Aspen Country Day School has submitted its Applica-
tion for Water Service Extension (the "Application") and has paid
all fees required in connection with the Application, the Applica-
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tion, and all attachments, addenda and exhibits thereto having been
relied upon by the city in authorizing this Agreement; and
WHEREAS, the city has approved the Application, and is willing
to provide water service to Aspen country Day School on the terms
and conditions of this Agreement;
THEREFORE, in consideration of the premises and the mutual
promises and covenants contained herein, the city and Aspen Country
Day School agree as follows:
PURPOSE OF AGREEMENT
1. Water Service to Pro;ect and Sub;ect Propertv. The
City hereby agrees with Aspen Country Day School to provide treated
water service to the Project and the Subject Property under the
terms of this Agreement in such quantities and to the extent herein
provided so as to serve the structures and uses authorized by
Pitkin County under the approvals granted to Aspen country Day
SchOOl as shown on attachments to Exhibft B. Pursuant to this
Agreement, the city shall provide treated water service to the
Project and the Subject Property in an amount not to exceed nine
(9) ECUs, provided, however, that the maximum volume of treated
water the city shall be required to provide to the Project and the
Subject Property pursuant to this Agreement shall not exceed 1.34
acre-feet per year. Only those structures and uses approved for
the Project and the Subject property may be served under this
Agreement.
2. Limitation of Time to Provide Service. The city's obli-
gation to provide water service to the Project and the Subject
Property pursuant to this Agreement shall terminate if Aspen
Country Day School has not completed construction of the water
transmission and distribution mains, lines, and related facilities
described on ExhibftB by August 1, 1994, unless completion of con-
struction is delayed by force majeure as defined in paragraph 30
below, in which case the deadline shall be extended by the same
number of days as the force majeure delay that prevented completion
of construction.
CONSTRUCTION BY ASPEN COUNTRY DAY SCHOOL
3. Mains. Lines and Facilities. Aspen country Day School
will design and construct the water transmission and distribution
mains, associated facilities and internal distribution lines for
the Project in accordance with and subject to the City's design,
materials and construction specifications and approval, at Aspen
Country Day School's own expense; provided, however, that to the
extent the city desires any mains, lines or facilities with capaci-
ties larger than necessary to meet the needs of the Project, the
City will be responsible for the incremental cost of such enlarged
or additional mains or facilities. "Incremental costs" shallbe
defined as the difference between the total cost of a particular
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facility designed and constructed solely to meet the needs of the
Project and the total cost of such facility as enlarged at the
City's request.
4. Preconstruct ion Exhibits. The following exhibits con-
cerning the Project have been prepared by Aspen Country Day School
and have been reviewed and relied upon by the City in entering into
this Agreement:
Exhibft C:
a. Final plans for the water mains, interconnecting
mains (loop system), and lines and facilities to be
constructed pursuant to this Agreement, as approved
by the city.
b. Schedule for completion of the Project water mains,
lines and associated facilities to be constructed
pursuant to this Agreement as approved by the city.
Exhibft 0: Operational impact statement containing information
necessary to permit Aspen to determine the oper-
ational impact of Applicant's proposed extension on
Aspen's existing facilities and water supply. The
information provided should include requested water
flow rates, impact on water quality, incremental
costs for capital items, incremental expense items
(such as electric power and treatment chemicals)
and electrical consumption. Said information shall
also include estimated man hours for operation and
maintenance of the proposed facilities.
Exhibft E:
a. Estimated gross water requirement (gpd) and water
flow requirements for the Project for in-building
use at full development (including water require-
ments for any existing uses that will be continued
upon completion of the Project), and estimated
treated water irrigation requirements, including
number of square feet to be irrigated with treated
water.
b. Fireflow provisions, including location, size and
description of fireflow storage to serve the Sub-
ject Property.
(The parties agree that the Exhibits to this Agreement [Exhibfts
B through E) will not be recorded with the Agreement due to their
length and bulk. There is no Exhibit A to this Agreement.)
5. Final Plans. The City has approved the final plans and
specifications for the water mains, lines and facilities to serve
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the Subject Property. No substantial changes shall be made to the
approved final plans and specifications without the city's prior
written approval. Aspen country Day School's registered prOfeS-
sional project engineer shall inspect and certify the design and
installation of all water system mains, lines and facilities to :be
constructed pursuant to this Agreement.
6. Bond Reauirements. Prior to commencement of construc-
tion, Aspen Country Day School shall furnish the City with perform-
ance and payment bonds in form approved by the City Attorney in the
amount of one hundred percent (100%) of the water service system
construction costs (less those incremental costs for enlarged or
additional facilities to be borne by the City), which bonds shall
ensure the completion of the construction, and hold the city harm-
less for payment to the contractor or any subcontractors, material-
men, or others involved in the construction of the water transmis-
sion and distribution mains, interconnecting mains (loop system),
lines and associated facilities, or for the provision of materials
therefor. Aspen Country Day School shall also furnish to the City
(in form approved by the City Attorney) a maintenance bond equal to
one hundred percent (100%) of the water service system construction
costs (less those incremental costs for enlarged or additional
facilities to be borne by the City), ensuring the proper condition
and operation of such water service system for a period of two (2)
years from the date of completion and acceptance of the system by
the city.
7. Convevance of Water Riahts and structures. The parties
acknowledge that Owner conveyed certain water rights to the City.in
connection with its water service agreement with the City, that
Aspen Country Day School's long-term lease was recognized in that
water service agreement, and that no additional water rights or
cash in lieu are required of Aspen Country Day School in the unique
circumstances of this case.
8. Construction. Upon completion of the prerequisites
described in paragraphs 3 through 7 above, Aspen Country Day School
shall proceed with due diligence to construct the water transmis-
sion and distribution mains, lines and associated facilities in
accordance with the plans and specifications and the construction
schedule. No construction shall occur between November 1 and April
1 without written permission of the city's Department of Public
Works.
9. Fees. Aspen country Day School shall timely pay all fees
imposed by the city in connection with reviewing and approving this
Agreement, the design drawings and construction plans, as well as
construction and inspection fees. Aspen Country Day School shall
also be responsible for timely acquiring and paying for all permits
and permit fees from entities other than the City (such as Pitkin
County and/or other regulatory agencies) necessary for construction
of the mains, lines and associated facilities.
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10. Inspection of construction. Construction must be
inspected by the City's engineers or other designated personnel
prior to burial or final installation. Aspen country Day School
shall give the city reasonable advance notice when the mains, lines
and/or associated facilities are ready for burial or installation,
and the city's engineer or agent shall inspect said mains, lines
and/or associated facilities within twenty-four (24) hours of such
notice.
11. Easements. Aspen Country Day School shall obtain at its
own cost and convey in perpetuity to the city as-built non-exclu-
sive easements for water mains, lines, tanks and other water facil-
ities, along with all necessary access easements for maintenance
and repair purposes ("easements"). The water main and water line
easements must be large enough to provide the city with at least
ten (10) feet on either side of water mains and lines and must spe-
cify that (1) sewer lines must be located at least ten (10) feet
from any water main or line, and (2) other utilities must be
located at least five (5) feet away from any water main or line.
Access easements and easements for tanks and other facilities shall
be of a size determined by the city to be reasonably necessary for
the operation, maintenance and repair of the tank or other facility
to be located on such easement. Each party shall be solely respon-
sible for any injury or damages, including costs and attorneys'
fees, to persons or property arising from its own negligent acts 'or
omissions occurring on or resulting from its use or occupation of
any easement premises. Nothing contained herein, however, shall
constitute or result in any waiver or diminishment of any defense
or limitation available to the city under the Colorado Governmental
Immunity Act or other applicable law.
12. Testina - Convevance: As-Built Drawinas. Upon completion
of construction and before any water is delivered pursuant to this
Agreement, all distribution and transmission mains and all associ-
ated water lines and facilities shall be tested and, upon approval
by the city, conveyed (excluding individual service lines) with all
necessary non-exclusive easements to the City, free and clear of
all liens and encumbrances, by deed in form acceptable to the City
Attorney. Performance and payment bonds provided by Aspen Country
Day School pursuant to paragraph 6 above shall be adjusted. to
reflect the final actual construction costs. The maintenance bond
required by paragraph 6 above must be in place and must reflect the
actual construction costs prior to the city's acceptance of any
main, line or facility. As-built drawings of the Project, includ-
ing the water system and all other utilities, shall be provided to
the city on reproducible sepias with a maximum size of 24" x 36",
and on an "auto cad disk data transfer file" tied into one (1) set
of state plane coordinates.
WATER SERVICE
13. Treated Water Service. Upon completion of construction
and acceptance of the water distribution and transmission mains and
lines, the associated facilities and easements by the city, the
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city will provide treated water service to the subject Property to
no more than the total number of ECUs provided for by the approved
final design drawings, provided that the maximum volume of water
the City shall be required to supply each year shall not exceed the
amount (in acre-feet) set forth in paragraph 1 above. Any change
in the treated water service requirements for the Subject property
will require approval by the city, and amendment of this Agreement.
The treated water to be delivered by the city pursuant to the
terms of this Agreement may be used for all lawful in-building
municipal purposes, and for fire protection, swimming pools and the
normal and reasonable outside irrigation of trees, lawns and gar-
dens. Maximum outdoor irrigation shall not exceed 500 square feert.
Notwithstanding the foregoing, all water use will be consisten't
wi th the city's Water pOlicy Resolution (Resolution No.5, as
amended, (Series of 1993)), and water conservation ordinances.
14. Raw Water Service. The city may provide raw water for
irrigation purposes on the Subject Property to the extent it is
able to do so utilizing its existing ditch system, or the water
rights and structures conveyed to the city by Owner pursuant to its
water service agreement with the city.
15. Tap Fees - Computation and Payment; Schedulino of Taps.
All tap fees for treated water service herein provided shall be
assessed utilizing the city's prevailing applicable tap fee at the
time of application for a building permit for the structure for
which service is sought. No water service shall be provided to any
structure absent payment of the appropriate tap fee and any applic-
able hookup charges. Tap fees and hookup charges shall be paid ,at
the time of building permit issuance. The city Water Department
shall determine scheduling of all physical taps or connections to
the main lines.
16. Service Lines. Each service line shall be metered in
accordance with the Code at the sole expense of Aspen Country Oay
School and cross-connection and backflow prevention devices will be
installed at Aspen Country Day School's expense. Aspen Country Day
School understands and agrees that it will own the thirty-five (35)
foot service line installed pursuant to this Agreement, and will be
responsible for all maintenance, repair and replacement of this
line.
17. Limitations on provision of Water Service. This Agree-
ment is only for the supply of treated water service as herein
described and no expansion of uses, connections, or water service
beyond those set forth herein and in the Addenda and Exhibits
hereto is in any way authorized by this Agreement. The City is not
by this Agreement prejudging, certifying or guaranteeing its ab~l-
ity to provide treated water service to any use or structure except
as provided herein, nor may this Agreement be used as evidence of
approval of any land use requests, or as evidence of approval:of
water service for any land use request, except as provided herein.
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18. Service Sub;ect to the citv Charter. Codes. Rules. Reaula-
tions and Policies. Aspen Country Day School and its successors in
interest shall be bound by, and all water service provided here-
under shall be subject to, all applicable provisions of the Charter
of the City of Aspen and the Aspen Municipal code, as well as all
applicable rules, policies or regulations of the city now in effect
or as may be hereafter adopted.
19. Rules Reaardina Water Use. Aspen Country Day School
agrees to adopt all provisions set forth herein as rules and regu-
lations governing the use of water on the subject Property and for
the Project, and agrees that this Agreement and the Addenda hereto
shall be recorded as covenants running with the land and shall be
as fully enforceable on the Subject Property as if the same were
situated inside the city. Aspen country Day School agrees to
assist the city in every manner reasonably possible to enforce the
City's ordinances, rules and regulations made to protect purity,
safety and supply of the water delivered pursuant to this Agree-
ment, including curtailment during times of shortage, elimination
of any potential cross-connections, and the utilization of water
conservation devices as set forth in the Code. Aspen country Day
School also agrees to prohibit all unnecessary or unreasonable
waste of water on the property served by this Agreement, and to
make reasonable efforts to enforce such prohibition. The unreason-
able or unnecessary waste of water shall be defined as set forth in
the Code.
20. Source of Water Supplv. The parties to this Agreement
recognize that the city's water supply is dependent upon sources
from which the supply is variable in quantity and quality and
beyond the city's reasonable control; therefore, no liability shall
attach to the city under this Agreement on account of any fail~re
to accurately anticipate availability of water supply or because of
an actual failure of water supply due to inadequate runoff, poor
quality, failure of infrastructure, or other occurrence beyond the
City's reasonable control.
21. No Guarantv of Water Qualitv. Ouantitv or Pressure. The
City makes no promise or guarantee of pressure, quantity or quality
of water supply for any purpose, including fire suppression, except
as specifically provided herein or as is required by applicable fed-
eral, state and local laws and regulations. The city agrees to
treat its water to meet all mandatory local, state and federal pot-
able water standards and to exercise reasonable care and foresight
in furnishing water hereunder equal in quality to that furnished
inside the City.
22. Propertv Riqhts in Water. All water furnished under this
Agreement is provided on a contractual basis for use on the subject
Property as described in this Agreement, and all property rights to
the water to be furnished hereunder are reserved to the city.
Water service provided under this Agreement does not include any
right to make a succession of uses of such water, and upon comple-
tion of the primary use of the water on the subject Property, all
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dominion over the water provided reverts completely to the city.
Subject to the prohibition against waste and any other limitations
on water use imposed in this Agreement, Aspen Country Day School
shall have no obligation to create any particular volume of return
flow from the water furnished under this Agreement. Aspen Country
Day School agrees to cooperate with the city in measuring and
reporting return flows to the extent such measuring and reporting
are required by the Colorado state Engineer or his agents.
VIOLATIONS
23. Enforcement bv the citv. The parties 'to this Agreement
recognize and agree that the City has the right to enforce its
rules, policies, regulations, ordinances and the terms of this
Agreement by the disconnection of the supply of water provided
hereunder. Addi tionally, in the event that Aspen country Day
School or any user who has purchased or leased a portion of the
Project or the Subject Property violates the rules, pOlicies, regu-
lations or ordinances of the City, the city shall have all remedies
available to it at law or in equity, or as provided in the Code.
without limiting the foregoing rights and remedies, Aspen Country
Day School agrees that the City may also enforce such violations by
injunction, the parties agreeing that the damages to the City from
such violations are irreparable, and there is no adequate remedy at
law for such violations. The city shall be free from any liability
arising out of the exercise of its rights under this paragraph.
TERMINATION
24. Termination bv Aareement. Except as provided to the con-
trary herein, this Agreement shall only be terminated in writingiby
mutual agreement and the term of this Agreement shall continue
until such termination.
25. Termination if Illeaal. The parties agree, intend and
understand that the obligations imposed by this Agreement are con-
ditioned upon being consistent with state and federal laws and the
Code. The parties further agree that if any provision of this
Agreement becomes in its performance inconsistent with the Code or
state or federal laws, or is declared invalid, the parties shall in
good faith negotiate to modify this Agreement so as to make it
consistent with the Code or state or federal laws as appropriate,
and if, after a reasonable amount of time, their negotiations are
unsuccessful, this Agreement shall terminate. The city agrees that
its contractual obligations hereunder will not be impaired by any
amendment to the Code unless such amendment (or impairment) is
mandated by State or Federal law.
GENERAL PROVISIONS
26. Annexation. As a condition of the City's agreement to
provide water service pursuant to this Agreement, Owner agrees
that, upon the request of the city, and at its sole discretion,
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Owner, or its successors in interest, shall petition for and/or
consent to the annexation of the Project and the Subject Property,
or those portions thereof as deemed appropriate by the city, to the
city of Aspen at such time{s) as determined by the city, provided
however, that the city shall strictly comply with all state stat-
utes then governing any such annexation. Aspen Country Day School
agrees that it will cooperate with Owner and city, and will support
any petition for, or consent to annexation by Owner, and will exe-
cute such documents as may be required in connection therewith.
Such annexation{s) shall not divest or diminish any land use
approvals or development rights awarded by Pitkin County for the
Project or the Subject Property, to the extent such approvals and
rights are legally vested on behalf of Aspen Country Day School or
Owner prior to annexation to the city. Land use approvals for
development rights not vested in accordance with law prior to the
annexation shall be subject to the terms, conditions, and regula-
tions of the Aspen Municipal Code upon annexation. Failure of
Owner or its successors in interest to commence and complete ann$x-
ation proceedings as herein required, or any failure of Aspen
country Day School to cooperate therewith if such cooperation ,is
required, shall constitute a material breach of this Agreement
authorizing the City to terminate the same. Alternatively, failure
of Owner or its successors in interest to commence and complete
annexation as herein required or any failure of Aspen Country Day
School to cooperate therewith if such cooperation is required,
shall authorize the city to commence and/or complete such annexa-
tion on their behalf, in which event the City shall charge, and
owner, Aspen Country Day School and/or their successors in interest
shall pay, all costs and fees associated with such annexation.
27. No Public utilitv Status. The parties agree that by this
Agreement the city does not become a public utility compelled to
serve other parties similarly situated. Aspen Country Day School
and Owner agree that neither they, nor their successors in interest
or assigns shall at any time petition the Colorado Public utilities
Commission to acquire jurisdiction over any water rate set by the
city. The parties agree that in the event the city is held to be
a public utility by virtue of this Agreement, this Agreement shall
terminate and be of no further force or effect.
28. No Waiver. Failure of a party hereto to exercise any
right hereunder shall not be deemed a waiver of any such right and
shall not affect the right of such party to exercise at some future
time said right or any other right it may have hereunder.
29. Notices. All notices required to be given shall be
deemed given upon deposit in the United States mail, first class
postage prepaid, properly addressed to the person or entity to whom
directed at his or its address shown herein, or at such other
address as shall be given by notice pursuant to this paragraph.
Copies of such notices shall also be sent in the same manner to the
city Attorney, City of Aspen, 130 South Galena Street, Aspen,
Colorado 81611.
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30. Force Maieure. No party shall be held liable for a fail-
ure to perform hereunder due to wars, strikes, acts of God, natural
disasters, drought or other similar occurrences outside of the con-'
trol of that party.
31. Severabilitv. If any provision of this Agreement shall
be or become invalid or unenforceable, the remainder of the prov~-
sions shall not be affected thereby, and each and every provision
shall be enforceable to the fullest extent permitted by law.
32. Amendment; Assianment.
obligations of any party hereto,
service hereunder, may be amended
consent of the parties hereto.
Neither this Agreement, nor the
nor the right to receive water
or assigned without the written
33. Entire Aareement. Except as otherwise provided herein,
this Agreement, including its Addenda and Exhibits, supersedes and
controls all prior written and oral agreements and representations
of the parties and is the total integrated agreement among the par-
ties governing the matters provided for herein.
34. Interpretation. Neither the titles to this Agreement nor
the recitals appearing prior to paragraph 1 of this Agreement shall
be used to alter the meaning of this Agreement and in the event of
a conflict, the terms and conditions of the numbered paragraphs
shall govern.
35. Bindina Aareement - Recordina. This Agreement is binding
upon the parties hereto, their successors and assigns, and any sale
of the proj ect, the Subj ect Property, or any portion of either
shall be subject to this Agreement as provided herein. This Agree-
ment and the Addenda hereto (but not the EXhibits, which are
lengthy, illustrative and technical in nature) shall be recorded
with the Pitkin county Clerk and Recorder, and shall impose cove-
nants running with the land upon all of the Subject Property.
Deeds to subsequent owners shall provide notice of this Agreement
and the obligations contained herein.
36. Governina Law; Venue; Attornevs' Fees. This Agreement
and the rights and obligations of the parties hereunder shall be
governed by and construed in accordance with the laws of the State
of Colorado. Venue for all actions arising under this Agreement
shall be Pitkin County, Colorado. In the event legal remedies must
be pursued to resolve any dispute or conflict regarding the terms
of this Agreement or the rights and obligations of the parties
hereto, the prevailing party shall be entitled to recover costs
incurred in pursuing such remedies, including expert witness fees
and reasonable attorneys' fees.
37. Authorization of Sianatures. The parties acknowledge and
represent to each other that all procedures necessary to validly
contract and execute this Agreement have been performed and that
the persons signing for each party have been duly authorized to do
so.
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38. Counterparts. This Agreement may be signed using coun-
terpart signature pages, with the same force and effect as if all
parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement
the date and year first above written.
ATTEST:
THE CITY OF ASPEN, COLORADO
A Municipal corporation and
Home Rule city
BYc~r~ }ik
APPROVED AS TO FORM:
By ~
Mayo '
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1l:sp.en ~ty Attorney
ASPEN COUNTRY DAY SCHOOL
ATTEST:
By
Title:
By
Title
OWNER
Music Associates of Aspen
ATTEST:
By
Title:
By
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terpart signature pages, with the same force and effect as if all
parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement
the date and year first above written.
ATTEST:
THE CITY OF ASPEN, COLORADO
A Municipal corporation and
Home Rule city
By
city Clerk
APPROVED AS TO FORM:
By
Mayor
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Asp i Attorney
ASPEN COUNTRY DAY SCHOOL
ATTEST:
By
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Title
OWNER
Music Associates of Aspen
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Addendum 1
Real Property Description
Aspen Country Day School is the long-term lessee of portions of the following real
property which is owned by Music Associates of Aspen, Inc., as provided in the
Lease Agreement, a copy of which has been provided under separate cover to the
City Attorney:
Lot lA, Exception Plat of Lot 1A Music Associates of
Aspen, Inc., Filing No. 1 (A rep1at of Lot 1, Music
Associates of Aspen, Inc., Filing No_ 11 The Aspen
Music School Castle Creek Campus for MUsic Associates
of Aspen, Inc. as set forth in Pla~ recorded Auqust 21,
1978 in Plat Book 6 at Page 148 as Reception NO. 206913
9ubject to the dedications, notes and restrictions
thereon,
County of Pitkin,
State of Colorado.
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Addendum 2
Project Description
Aspen Country Day School has received approval from Pitkin County to remove
two existing modular structures from the campus and construct on the same site a
new wood-frame structure of approximately 10,500 sq, ft., under the terms of
Resolution 93-161, a copy of which is attached as Exhibit B.
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Exhibit B
County Approval
Aspen Country Day School has received approval from Pitkin County to remove
two existing modular structures from the campus and construct on the same site a
new wood-frame structure of approximately 10,500 sq, ft., under the terms of
Resolution 93-161, a copy of which is attached.
Attachment is six sheets.
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, APPROVING
THE ASPEN COUNTRY DAY SCHOOL SPECIAL REVIEW,
GMQS EXEMPTION, 1041 HAZARD REVIEW AND
GENERAL SUBMISSION
Resolution No. 93-~f
RECITALS
1. The Aspen country Day School (hereinafter "Applicant"), has
applied to the Board of county commissioners of pitkin county,
colorado, (hereinafter "Board"), for approval to replace. two
existing modular buildings (containing approximately 2,100 square
feet) with a new building containing approximately 10,000 square
feet of floor area.
No expansion of use is proposed.
2 .
The following approvals are requested:
a. Special Review pursuant to Section 3-6 of the Land Use
Code;
b. Growth Management Exemption for an essential Community
Facility, pursuant to Section 5-510.2 of the Land Use
Code;
c. 1041 Hazard Review pursuant to Section 5-400 of the Land
Use Code;
d. General Submission pursuant to Section 5-400 of the Land
Use Code;
3. The Pitkin county Planning and Zoning Commission reviewed the
request at a regularly scheduled meeting on August 3, 1993, at
which time they recommended approval of the request.
4. The Board reviewed the request at their regularly scheduled
meeting on September 14, 1993 at which time evidence and testimony
was presented with respect to the application.
5. The Board finds that the proposed additional square footage
shall be utilized for redistribution rather than expansion, and
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Resolution No. 93-~
Page 2
that impacts ~ssociated with the new building shall be negligible.
6. With respect to 1041' hazards, the Board finds that the
proposed building is subject to debris flow, however, the hazard
can be mitigated through structural design and implementation of
safety policies.
7. The Board finds that it shall be the applicant I s
responsibility to educate staff, students and parents as to the
contents of a written hazard mitigation and safety policy plan, and
a site plan exhibit illustrating areas and types of mitigation-
NOW, THEREFORE BE IT RESOLVED BY THE BOARD, that it does
hereby approve the request by the Aspen country Day School, subject
to the following conditions:
1. This approval is granted for the replacement of two modular
structures (identified as buildings number 10 and 11 on the
attached Exhibit B) with a proposed building containing
approximately 10,006 square feet of floor area (net).
The Board authorizes the Planning Director to permit the
temporary relocation of the modular structures for ACDS's use
during construction, to an on-site location which is found to
contain no 1041 Hazards. No certificate of occupancy shall
be issued for the new building until both modular buildings
are removed from the campus, and no permit for the temporary
use of the structures shall be issued unless Staff determines
that the area is free of 1041 Hazards.
2. Prior to issuance of a Certificate of occupancy for the new
building, access to the area of the KSNO building (identified
as building No. 12 on the attached Exhibit B) shall be
physically blocked to prevent ACDS students from entering the
area.
3. The new building shall contain an automatic fire alarm system
and sprinkler system approved by the fire marshal prior to
issuance of a certificate of occupancy.
4.
Health/safety violations cited by the Aspen/Pitkin Building
Department shall be addressed by the applicant to the
satisfaction of the Building Department by September, 14, 1~94.
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5.
6.
7.
Improper use and over lamping of light fixtures, however,
shall be cured prior to review of this application by the
Board of county Commissioners.
At peak enrollment, ACDS currentlY employs 31 full-time
positions. In the event that there is an increase in the
schools I faculty and/or administrative staff, beyond 31 full-
time equivalent positions, ACDS shall provide housing
mitigation determined under regulations in effect at the time
that such an increase occurs. Prior to issuance of a
certificate of occupancy for the new building, the MAA shall
provide baseline data, documenting the number of fUll-time
equivalent positions employed by MAA on the campus, in order
to establish employee generation factors for the uses in the
new building. In the event that there is an increase in MAA's
campus faculty and/or administrative staff, beyond the
documented full-time equivalent positions, MAA shall provide
housing mitigation determined under regulations in effect at
the time that such an increase occurs.
On an annual basis, beginning one year from the date of
approval of this application, the ACDS and MAA shall provide
documentation of employment and enrollment to determine
whether mitigation of impacts with respect to housing,
Community services and infrastructure are required. This
report shall be reviewed by the Planning Office, and forwarded
to the BOCC in the event that increased staffing is
identified. This annual report shall also monitor the success
of proposed rockfall/avalanche hazard mitigation of the KSNO
building, referenced in Condition #2 of this Resolution.
Prior to issuance of a building permit, the applicant shall
pay the County $3,160.00 toward improvements to Lower Castle
Creek Road, and $1,343.00 toward improvements to the Maroon
Creek Road/Highway 82 intersection.
Drainage from the new building shall be detained on-site and
released to meet historic conditions.
8.
During construction, the applicant shall be responsible for
the watering of haul roads and disturbed areas, and the daily
cleaning of adjacent paved roads to remove mud that has been
carried out.
9.
A gravel surface shall be maintained in the parking are~S on
campUS.
10. Finishes for the new building shall include natural materials
which blend with the surroundings of the site. If metal roofs
are used, they shall have a non-reflective surface.
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Resolution No. 93-~
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11. Revegetation of areas disturbed by construction shall occur
within one year of construction.
12. The proposed building shall be set back a minimum of 20 feet
from the mean high water line of Castle Creek. Prior to
commencement of any construction or grading, construction
fencing shall be placed along the setback line, and maintained
during all phases of construction to ensure the preservation
of the vegetation and protection of stream quality. Removal
of riparian vegetation outside of the 20 foot setback shall
only be permitted if the riparian vegetation is restored as
shown on the 1041 site Plan, within the 20 foot setback.
Financial assurances guaranteeing the survival of the riparian
vegetation shall be made by the applicant and accepted by the
county Attorney and Planning Office, prior to issuance of a
certificate of occupancy, and will be released after two full
growing seasons assuming the vegetation is determined to be
healthy.
13. During periods of extreme avalanche danger, the school shall
be closed. Avalanche and rockfall hazard areas identified by
Art Mears in his report of June 7, 1993 (attached) shall be
posted with signs indicating the danger. As rockfall danger
only impacts the immediate vicinity of the KSNO building,
access to this area shall be physically blocked to prevent
ACDS students from entering the area.
14. The new building, and/or its siting shall be designed to be
resistent to debris flow. prior to issuance of a building
permit, the design shall be reviewed and approved by a
structural engineer and consulting natural hazards expert.
During periods when debris flow may occur, access to' the
parking area to the east of the new building shall be
physically blocked, and only staff members with assigned
parking spaces shall be permitted in the area. staff members
shall be given written notification of the hazard in the area
in the form of a report prepared by Art Mears, Natural Hazards
Consultant. The area shall alSO be posted with a sign
notifying the general public of the hazard.
15. Prior to issuance of any building permits, the applicant shall
submit a written hazard mitigation and safety policy plan.
The 1041 site Plan exhibit shall alSo illustrate mitigation
(to the extent possible). The Plan shall specify when and
where the restrictions apply. It shall be the school I s
responsibi.lity to educate staff, students and parents as to
the content of this mitigation pOlicy.
16. No development shall occur within the 100 year flood elevation
of castle Creek, as delineated on the 1041 site Plan submitted
by the applicant.
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17. Prior to building permit application, the applicant shall
record a 24 x 36 inch mYlar 1041 Review site plan which meets
the approval of the planning Office and county Attorney. The
Plan shall include the fOllowing waiver:
"Warning and Disclaimer: The Applicant acknowledges that 1041 Hazard
Review approval does not in any way assure or imply that areas
outside of designated hazard areas will be free from hazards, or that
approved mitigation measures will guarantee the safety of any
property."
18. All new development, inClUding grading, shall be located
within the building envelope designated on the 1041 site Plan.
19.
The applicant
standards in
application.
shall
effect
comply with all
at the time
county air
of building
quality
permit
20. All material representations made by the applicant in the
application and in public meetings shall be adhered to.
APPROVED AND ADOPTED ON THE 14TH DAY OF SEPTEMBER, 1993.
BOARD OF COUNT
OF PITKIN COUN
/
COMMISSIONERS
Y, COLORADO
ATT~:
By
Bil
Date
)
Jeanette Jones II
Deputy Clerk andlRecorder
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APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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Suzan~e Konchan,
count~Planning Director
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Timothy
County
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EXHIBI'l' "A"
ASPEN COUNTRY DAY SCHOOL SPECIAL REVIEW
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LEGAL DESCRIP'l'ION:
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ARTHUR I. MEARS. P.E.. INC.
NalUlal Hazards CoosultantJ
222 EuI Gdhic Ave.
c....;.... Colorado 81230
303 -641.3236
June 7. 1993
Mr. Joe Wells, AICP
Wells Land Planning & Design
130 Midland Park Place, #F2
Aspen, CO 81611
Dear Mr. Wells:
As you requested on behalf of the Aspen Country Day School (ACDS) and as discussed in my
proposal letter of January 17, 1993, 1 am providing the attached analysis, mapping, and
discussion of snow aVillanche and rockfall hazard on the Day School Campus. As you know, 1
completed a study of debris flows affecting the campus in November. 1992. No additional areas '
of debris flow hazard were found.
SNOW AVALANCHES
Potential snow avalanche hazard areas are delineated on. Figure 2. The mapped boundaries
indicate "design-magnitude," or "lOO-year" return period avalanche extent. Therefore, typical
avalanche conditions will produce much smaller avalanches that will not approach the limits
shown on Figure 2.
Three buildings and part of the access road on south end of the campus are exposed to the design
avalanche. The percussion building on the north end of the campus can be impacted by
avalanches with sufficient energy to crush building walls. A small block building and another
building on the southeastern shore of the large pond can also be reached by avalanches, but these
structures will not be damaged because of small avalanche sizes and energies, even during
extreme conditions. The access road on the south end of the campus can be overrun by
avalanches for approximately 400 feet of length. Keno Gulch can also be impacted by
avalanches above the B,IS0-foot elevation level. Any person caught by an avalanche can be
injured or killed by burial, crushing, and/or suffocation. This can be a particularly severe
problem at the base of steep slopes where the, flowing snow can accumulate to great depths.
Even a small avalanche will quickly solidify, making escape impossible.
Two types of avalanche protection are appropriate: (1) structural reinforcement of the percussion
building (if this is an issue to ACDS), and (2) avoidance of the avalanche areas during extreme
conditions likely to produce the design avalanche. These extreme condition may occur anytime
after the snowcover is sufficiently deep to cover rocks and other anchors on the steep slope
(usually anytime between early December through April). Major avalanche releases may result
from sustained, heavy snowfall or by a sustained warming period. Timed avoidance requires an
"avalanche forecast" or "snow-stability evaluation" by qualified personnel. Alternately the
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mapped avalanche areas could be avoided at all times during the snow season, even though the
design-magnitude avalanches will rarely occur. In order for avoidance to be effective and
directed to appropriate areas, the avalanche areas should be clearly marked with signs indicating
"Danger-Avalanche ,Area."
ROCKFALL
Potential rockfall areas are delineated on Figure 3. These areas coincide with the avalanche
areas in Keno Gulch and on the north end of the property, but rockfall hazard is insignificant or
does not exist on the south end of the campus. Rolling rocks of sufficient size (larger than 2 feet
in diameter) can impact and damage the percussion building. Rockfall may also impact and
injure or even kill a person within the indicated area.
As with snow avalanches, two types of protection are feasible: (1) structural protection of the
percussion building, and (2) avoidance of rockfall areas. Avoidance should be considered when
rapid snowmelt runoff or heavy rainfall is occurring because these are the most likely times for
rockfall initiation on these ~Iopes. As with avalanches, the rockfall areas should be marked with
signs indicating "Danger-Rockfall Area" or some similar message.
Report prepared by,
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'. Avalanche-control engineer
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ARTHUR I. MEARS. P.E.. INC.
Natwal Huanls c....u-
222 E.ot Gothic Ave.
c....;-. Cdcndo 81230
303 -641.3236
November 10, 1992
Mr. Joe Wells
Wells Land Planning
602 Midland Park Place
Aspen, CO 81611
Dear Mr. Wells:
The enclosed report describes debris flows, snow avalanches, and rockfall hazard
to the Aspen Country Day School site below Keno Gulch. The work has been
completed in accordance with our discussions last month.
Please contact me if you have any questions or desire additional consultation.
Sincerely,
0d1~,J .~a4P
Arthur 1. Mears, P.E.
Avalanche-control engineer
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1 OBJECTIVES AND LIMITATIONS
This report was requested by Mr. Joe Wells and has the following objectives:
1. Analysis of snow avalanche, rockfall, and debris flow hazard to "Site B" of the
Music Association of Aspen (MAA) which will be used by the Aspen Country
Day School during the September - May period;
2. Evaluation of the risk to structures and personnel using the area, and
3. Discussion of mitigation or defense measures that could be used to protect the
site, if necessary.
This analysis also has the following limitations which should be understood by those relying on
the report:
1. Other geologic hazards, including but not limited to floods on Castle Creek,
earthquakes, and other "types of landslides have not been evaluated as part of. this
wo~; .
2. The study is site specific, therefore cannot necessarily be used at other sites
even if they appear similar to site B; and
3. Geologic hazards affecting other parts of.the MAA campus have not been
evaluated.
2 SNOW AVALANCHES AND ROCKFALL
Site B is located directly below Keno Gulch (Figures 1 and 2), a tributary of Castle Creek. Snow
avalanches and rockfall do not reach siteB, therefore mitigation to protect from these processes
is not required. However, both snow avalanches and rockfall can reach other parts of the MAA
campus, therefore they do present a risk in the immediate area. These areas may be used at
various times by personnel or students at the Day School. The avalanche and rockfall processes
are both sudden and at times "unexpected" events that can bury or kill a person. The best form
of mitigation is to be aware of the time periods when hazardous conditions are likely and to
restrict access to dangerous areas during these times.
3 DEBRIS FLOWS (KENO GULCH)
Keno Gulch produces water runoff and debris flows. Water runoff will occur on all years,
continue through the summer and fall (and probably winter) on most years, and are not hazards
to Site B. Debris flows have and will also occur as evidenced by distinct debris-flow deposits
in the Keno Gulch Channel above 8,200 feet elevation and on the alluvial fan. The alluvial fan
at the bottom of Keno Gulch (at the intersection of Keno Gulch with Castle Creek) has
accumulated as a result of numerouS debris flows which have occurred over the past 10-20,000
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years (since glaciers retreated from the Castle Creek Valley). The surface of the fan has been
modified during the past several decades as a result of mining activity and road construction.
This alluvial fan is shown on Figure 2.
Debris fl,ows in Keno Gulch and on the Day School terrain below the gulch have the following
, characteristics:
a. As they discharge from the Keno Gulch channel at 8,200 feet elevation
(approx. 150 feet above site B), they will be 15-20 feet wide, 7-10 feet deep, and
will be flowing at 10-20 feet per second (7-15 mph);
b. Flows will contain rocks up to 3 feet in diameter, mud, water, and vegetative
debris, including trees;
c. Flows will take unpredictable directions on the Keno Gulch alluvial fan, but
will be confined to the fan surface and "overflow area" shown on Figure 2;
d. During major flooding and debris-flow epis~~es, water, mud, and debris may
be transported across the alluvial fan and 'parking area to the northwest of the fan
("overflow area," Figure 2) and can reach the cu~rent building on Site B; at the
building flows will have velocities of 3-10 feet per second and flow depths of 1-
2 feet;
e. Debris flows may endanger persons who !pay be in the parking lot or building
area, but will not have sufficient energy to destroy a building on Site B; a new
building could be designed to be resistent to debris flows;
f. Major debris flows of the type described will have return periods of 30-300
years.
4 STABILITY OF TIlE ALLUVIAL FAN
The Keno Gulch alluvial fan, because of the steep slopes on the northwest side and because of
the fact that it has been built of past debris-flow deposits which are unstable when wet, is in a
"metastable," or conditionally stable condition. Landslides originating in the deposidtself may
occur and could cover portions of the parking area. Such small landslide events will be most
likely when the deposit becomes saturated with water. Such saturation conditions may be
associated with a vigorous spring snowmelt period, or when a flood or debris flow is temporarily
dammed on the fan surface and runoff water becomes ponded. These small landslides in the
alluvial fan will not reach the building on Site B, although mud and flood water associated with
such a slope failure may reach the building site.
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5 RECOMMENDAnONS
The following recommendations consider the field observations, aerial-photo analysis, and my
general knowledge of debris flow, avalanche, and rockfall behavior in Colorado and in other
mountain areas. '
a. . Restrict outdoor activities during times when snow avalanches, rockfall, or
debris flows are most likely. Avalanches and rockfall, as discussed above, do not
affect Site B, but they do occur in adjacent terrain that may be used by the Aspen
Day School.
b. Design any building on Site B to withstand debris-flow forces. This design
will require knowledge of architectural details about building size, location, shape,
and orientation. These details are not currently available.
c. Conduct standard soil-stability tests to determine the strength and stability of
the alluvial fan above site B (Figure 2). This will enable a more accurate
assessment of: a slope-failure during periods of high water table.
Report Prepared by,
DdLto...v'J ,vN ()J./>
Arthur I. Mears, P.E.
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FIGURE 1. Loc:ation map, showing Keno
Gulch and the Day School location.
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Exhibit C
Final Plans
Aspen Country Day School has submitted construction documents along with an
application for the Number One Building Permit for approval by the Pitkin County
Building Department for the new structure. Copies of the plans which relate to the
water system for the building as follows are attached:
Sheet A2.1 Rev. 1
Sheet A2.2 Rev. 1
Sheet M4 Rev. 1
Sheet M5 Rev. 1
Sheet C1.2 Rev. 2
1041 Hazard Review Plat
Dated 1 November, 1993
Dated 1 November, 1993
Dated 23 November, 1993
Dated 14 June, 1993
Dated 1 November, 1993
Recorded 3 February, 1994
Aspen Country Day School has begun construction of the proposed new structure
under an Excavation and Foundation Permit issued by the Pitkin County Building
Department. It is presently anticipated that the new water tap and service line will
be installed from the existing 8" water main to the new building (a distance of
approximately 35 feet) next spring, as soon as conditions permit. A water loop
system is not required. Construction will be completed by November 1, 1994.
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5CHMUfSF:R GORDON MEYER INC.
100/ GRANDAVENUC. sUire 2-<:
GlCNWOOO SPRINGS_'COLORAOO 8/60/
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Exhibit D
Operational Impact Statement
Aspen Country Day School has retained Schmueser Gordon Meyer to analyze the
estimated water usage resulting from the proposed new structure. SGM estimates
the total water usage as 1.34 acre-feet of water, as described in a November 30, 1993
memorandum prepared by Jay Hammond, attached as Exhibit D. It is presently
anticipated that the facilities to be installed (which do not require an extension of
the existing City water main) will remain the responsibility of the owner of the
property and therefore not require public expenditures in the future.
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SCHMUESER GORDON MEYER INC.
P.O. Box 2155
Aspen, Colorado 81612
(303) 92!X3727
Fax (303) 925-4157
CONSUL TlNG ENGINEERS & SURVEYORS
MEMORANDUM
TO:
Mr. Joe Wells
Jay Hammond, P.E., SGM Inc. ~
November 30, 1993
FROM:
DATE:
RE:
Aspen Country Day School, Water Usage
I am writing in follow-up to our discussion of yesterday and this morning regarding actual
anticipated water use at the proposed Aspen Country Day School (ACDS) building on the MAA
campus on Castle Creek Road in Pitkin County. In analyzing actual water usage requirements,
I have utilized the anticipated population of the facility on a year-round basis as well as the
amount of area that is expected to be irrigated rather than the estimated Equivalent Capacity
Units (ECU's) calCulated by the City of Aspen Water Department. ECU's are a relevant figure for
calculating peak flow demands to determine water main sizes or assess tap fees (since the
treatment and distribution systems must be sized to anticipate peak flow) but are not necessarily
indicative of actual water usage based on actual irrigation needs, population and patterns! of
occupancy.
Facllitv Population
Based on the information provided by representatives of the Aspen Country Day School, school
year population represents 85 students and 15 faculty and staff members for a total of 100
people occupying the school building from 8 am to 3 pm Monday through Friday from
September 1 st to June 1 st (195 net days). I have also anticipated comparable use by the MAA
for the remainder of the year at 7 days per week (92 days). For purposes of this analysis I have
used a demand of 15 gallons per capita per day (gpcd) as recommended in the Data Book for
Civil Eneineers by E:lwyn E. Seelye rather than the approximately 10 gpcd for schools under the
City of Aspen code. Resulting water use due to occupancy is 1.32 acre-feet per vear.
Irriaation
The ACDS application anticipates a minimal amount of lawn area, 500 square feet, would be
irrigated with treated water in the, immediate vicinity of the building. Resulting water use for
irrigation, using irrigation rates recently calculated by our firm for properties immediately adjacent
to the MAA campus, is 0.02 acre-feet per vear.
TOTAL Usaae
Total water usage due to occupancy and irrigation Is therefore 1.34 acre-feet per vear.
1001 Grand Avenue, Suite 2-E . Glenwood Springs, Colorado 81601 . (303) 945.1004
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Mr. Joe Wells
Page 2
Fire Flow
The ACDS building design anticipates internal sprinklering in accordance with Aspen Fire
Protection District Regulations. Internal sprinklering actually requires relatively minimal flow to
suppress a fire until the fire trucks arrive. There is also an existing fire hydrant on the site and
delivery from the fire hydrant is the more relevant factor in considering peak fire flow
requirements. Based on several recent conversations with the Fire Marshal regarding fire flow
delvery to the Aspen Highlands area, minimum fire flowto the hydrant should be 500 gallons per
minute (gpm). I am certain that a 500 gpm flow is currently available from the existing hydrant
within the property given the main sizes in the area, the type of hydrant and its elevation relative
to the treatment plant.
JHljh 92208WU
SCHMUESER GORDON MEYER, INC.
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Exhibit E
Estimated Gross Water Requirements
Schmueser Gordon Meyer's calculations performed to arrive at the estimated water
usage resulting from the proposed new structure are attached as Exhibit E. The
location of the existing City water main which was installed in 1984 has been
previously described in an Easement Agreement recorded in Book 465 at Page 281, et
seq, previously submitted.
SCHMUESER GORDON MEYER, INC.
1001 Grand Ave. Suite 2.E P.O. Box 2155
Glenwood Springs, CO 81601 Aspen. CO 81612
(303) 945.1004 (303) 925.6727
FAX (303) 945.5948 FAX (303) 925-4157
JOB-..ArPA'l. Cov..,.t"( -n,( ~k"" r qz."2.0'b
SHEET NO, I OF \
CALCULATED BY ~-t\- OATE 1\';0'<(<;
CHECKED BY
DATE
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Exhibit F
Aspen Country Day School is unaware of any other circumstances which affect the
cost of the new water tap and service line to be installed from the existing main to be
constructed pursuant to this Agreement.
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