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HomeMy WebLinkAboutordinance.council.066-93 Alt. ~ \~", '. lk._; . --, ,...... . \\Z. 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 ~a, " *'. tll,' \\'; ',," ~'II'", II \L. 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shall not operate as an abatement of any action or proceeding now pending under or by virtu.e of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances.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. 2 "e" ;~ 'f!,,, I'll....'. 'if' &; ~ "'< art. h \Oc section 4 A public hearing irYl ~\ 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 ~ ATTEST: /3 day of of the City of Aspen on the , 1993. Clerk ~ 9. I?~--- John S. Bennett, Mayor // day of FINALLY adopted, passed and approved this ~~ ,199#. ATTEST: ~ 7, (}~--- John . Bennett, Mayor 3 ~ei,:' \'\ '''<.. ItA, ~. ~,-,,' 1" - Ell. 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 ~a,' ;. 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(,~,i&._",' % 'i,' 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- - 2 - ~- "f Ii"'", ''Z,_ M,rt' tWF' Vi '\,. rt' , ~ ~' -\ --~- 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 - 3 - ~,'-,'"" ~.,:: '\,-, ~e~ ~, \", ~.", ~t\ 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 - 4 - Ie!, \, "'< lei IS" ~\_,--- ~a" ~. 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. - 5 - tit !8It,',, ;1, ,+ , e",:,',',,", \, "." 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 - 6 - "It" :>"" k \i\ -'-" .^ , ~'-'," ,,\1, p!! \S (\,. .' iI""" Ii\ V",,_ 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. - 7 - ililt ~!:,:" < 'x \, tit' ~.. <-(<\" '~."" Pi ~. ...." 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 - 8 - ~ef, \~ '"'" '~-' 1&, %,\ "4" 'It' ~,', , \s \0;\, 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, - 9 - ~'A, !., ~.." \\., tA \. 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. - 10 - (-, II' (-" . Iffrl, ~.. "c 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. - 11 - ew", ,'-" ~" ','It., [$. lW i!. "<- "II' l~ , \). ~ 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 ' {~--'", 0';1.(0 /?zxf}7~ f:;/t /"II 1l:sp.en ~ty Attorney ASPEN COUNTRY DAY SCHOOL ATTEST: By Title: By Title OWNER Music Associates of Aspen ATTEST: By Title: By Title \user\cfc\wp\acd.wsa - 12 - I~,,_", V: '\\,. '., t' 11W_,', \H \.i ,.~, 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 By city Clerk APPROVED AS TO FORM: By Mayor (~~ Asp i Attorney ASPEN COUNTRY DAY SCHOOL ATTEST: By Ti By'-JL Title OWNER Music Associates of Aspen ~ By, " Titl~ Y(10di..;'\ t LCD By Ti 'n-N( \user\cfc\wp\acd.wsa - 12 - tit ~, '" ~ (It '.lI'", f M \'\, 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. -- 'It' ~. '0.;'< te' ie' \\< "It" ",'I"',, W \* ,t '< .. 11- 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. efflt tl'f,",, ~, .,< Exhibit A (There is no Exhibit A) It, ZV,',',i ~ '\'''-' N_' '1", \'\;'c. "e,', l( \';\,~ e" :&, '< -<,- """a,,' t_ 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. ~-, \. 'lilt'" III ", -- I, It,: "'< #364483 12/13/93 11:02 ReC $.00 BK 734 PG 876 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 "(Ie! \'1"", \\;'- 'It" ~i \( "'", ~_'"f",', h'~ 'q<" #364483 12/13/93 11: 02 Rec: $.00 BK 734 ;:'6 877 Silvia DaviS, Pitkin Cnty Clerk, Doc: $.00 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. 'It., v.:\ \i; " t-, - .Ail,',."".,It', I:' ~ o.:c #364483 12/13/93 11:02 Rec $.00 Ell( 734 PG 878 Silvia Davis, Pitkin Cnty Clerk, Dee $.00 Resolution No. 93-~ Page 3 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. e"".".,'", '* 'it;,-, 1I'It'" '\ \\, dflt (~'" "(<, #364483 12/13/93 11:02 Rec $.(1) BK 734 PG 879 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Resolution No. 93-~ Paqe 4 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. -' &,P,':"" ('1 ~\ "'\',. e.. t,',',\"',,, \\), -\ ,0_ 1\"'", S%, \\", #364483 12/13/93 11:02 Ree $.00 BK 734 PG 880 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 Resolution No. 93-~ Page 5 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 lit' ~, " "':~ fA 1\11' 0'., 'WI' --.- lf3644E3 12/13/93 11:02 Rec $.00 BK 734 PG 881 Silvia DaVis, Pitkin Cnty Clerk, Doc $.00 Resolution No. 93-1&( page 6 APPROVED AS TO FORM: APPROVED AS TO CONTENT: - Q' 1/ ,--,"""llL1iOtf'~ t\01\dv~, , Suzan~e Konchan, count~Planning Director ..:> Timothy County '~',-, t,~ " "', 1iI~' ~ l~ " ~ ' 'Z\!.. l ~, ~., #364483 12/13/93 11:02 Rec' $.00 BI( 734 F'G BB2 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBI'l' "A" ASPEN COUNTRY DAY SCHOOL SPECIAL REVIEW " LEGAL DESCRIP'l'ION: ~~ r..tJON-"U-~er(~~ r~~_~~'c:I"..e.<a..t. 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Ii n-ca ~ll :'CO'o:J't:, 100.CO rn::r AlO6 ~O u.~ f:CU.lOIIlY UN!::, '"II1f:t.Cf: NO~l!>'<Xl'W 1"->.00 Fu:T' ,o.l.CN&~D EiOO"tEIa.Y ea.~ UN!: '10 "ll-tEP..'NTa"e.t:laNN;NGlCCNl"NNIN!!> 1.1~7.""~'-lC~c:R ~. ~o TRK.TCCNT"'~A'L1TALOf' !:1.4Jo2ACRC'.IN:n:CXL~. 2 <t:. ll\) Doc ~.. ,a ., , i:xH\1; IT" G Silvia Davis, Pitkin Cnty Clerk, Doc $.00 "- ',,1 ~, "':'" 'It' ",,',,{ ~ \('< fua.,,', \. 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 C-l MasJ Wasting . AoalancnCJ . AoaIo.nche Control Engineering - --.- #364483 1"'/13/93 11:02 Rec $.00 BK 734 fG eBb silvia~Davis, Pitkin Cnty Clerk, Doc $.00 lIe Ik I<L ~'" . -. 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, CV:;([ (AI\J \ ~ eC~ _, Arthur r. Mears, P.E. '. Avalanche-control engineer Ene!.: 3 maps "It "\1'" HI \ -.\. C-2 II " -' If Il II ~ III C Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 Encl.' C-3 M- w....., . A..u...:ila . ADtJlon<he c"",,./ En,i....,.., - II .. ~ II I II II .. II . . ~ ~ A " t. #364483 12/13/93 11:02 Rec: f>.I.ll1 ~B Silvia Davis, Pitkin Cnty Clerk, Doc: $.00 r- .. 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 C-4 II .. ,. II. ~ .. ~ II II 1I364~83 12/13/93 11:02 Ree $.00 BK 734 F'G 889 Sllvla Davls, Pltkin Cnty Clerk, Doc $.00 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. C-5 " ~ '- ,,, i\\ , \~< , ~ .. II .. II . . .- I I \'!; ,'i' 'Z;,~ ~ #364483 12/13/93 11:02 Ree $.00 BK 734 PG 890 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 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. C-6 .. -'J..-" :,.. !ii... ::' '.- ..."-' - -i,rty I. \' .'/~r ,', ;:'~:lJ0'. ,).' ;-! ,1;-,/"- 01, ", )'~ III " : ( It. ;. . 'j,/: \ 132.-. -".J ': , ' , ::~ ~ . -:....-. ~ .. __"._ ",-_ ............ .1....1.'. .,....,..... l-~ c"'t.&. Pitkin Cnty Clerk, Doc $.00 "'~I..i~, '" '_." ~,~ .~~.... .~\ -::;::.~... .....",. 'r.. ,;;;;;::;:~. , y~ . ~.~- Silvia Davis, , . ,r", , . . "\ <0, .. . ; .J FIGURE 1. Loc:ation map, showing Keno Gulch and the Day School location. SCALE: 1 n = 1000' , 'Il C-7 /,..-- ~ \ ~ I I , ; , , I Y , f "'I -.....-.- J ) \ .) I , " , . ,~ . Ul ..... i ,.., < ,., n. , o n. < ,.. Ul . , "{I .... .. rt' ^ ,.. :l . or :l rt -< o ,.., ffi' ; ;<:, . 0, _ 0 () Aitn ~~ gc. -aa._allll:a- /fI7 Detailed topoBPphie map ShowlD, Keno Gulch. uleh a1luyiall... the polClltial debris-now Site B.' which will be used by the Day School. I I N ( : valanchc areas during "dcsign- FlGURE 2. Snaw a '00) conditinns. magnitudc' (l00-ycar rclWn pen , {_ SCALE: 1" = 200' / L*a \. C-9 N ( {,faURE 3. R<>.ci'fall. . areas affected ~tioDS of slope instabIlity. SCALE: l' = 200' '~-; ~%"'" '\,.... .. during / C-10 "e !~"'" ~\ -!:""" "It'" if."", Hi '~ ,It', tH1 \:~~ --. ... 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. .. ., ,.,' .JFff20" ~ " ",~.. 4~ (.~'.i "\. " .~'. ',~ ~-::~ :\> !o';';'!.i ~r'A _.'1 , '" lJJ: -1.11 ! $1 ) -r-'~J ~- _.._-~'-..' ~... 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O'/f~ ;: Or _..~' fOri! Hazard Review Pial ~ ~ Aspen Country flay School 5CHMUfSF:R GORDON MEYER INC. 100/ GRANDAVENUC. sUire 2-<: GlCNWOOO SPRINGS_'COLORAOO 8/60/ (.10.1) 9~S-'(}(N (FAX) 9~S-5!UB ASPCN.COLORIlOO(JOJ)925-6121 ~ SIlfM"fOI'S -'---5c::J CN(;!NUI>S $t:H!IU[SCl> M= ~IH:>VI~ '-' ~~~Jfff~~~::~:' @e,.""'",, ,(j, Vt .,,",_.',. ~. <z;.,. <. ~. 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. e" ~.., .~ \" '\) 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 tll" " \;\~. .,.,.. ... hfi,','" " '.;., d \1 November 30, 1993 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. . ,A \., G!.' \k "'.,",-- 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 SCALE A~pflN\. C~~l'~1 :D~,( :SJtoo (. r I) . '$<5 ~~cknf "> I 5". fAW[.j.y (~tr>,f.J \OC-ro-\.Q.\. " : 2-t3b""~~ ck.fS ."'- ('\5" cl"f'" AlGt (C..ty \)6~ 10 fFee!) " o. 'to A-,Ct'€. - f-ee.{ M ~kJ'~~~~~mO~mfeAC. ~::'~~'L IW~\CI't u6e.. @ 1 J~'f';;, r-e..r w-u.k ~z..J,o..'IS@I'SOOjrJ" ':. r;s'tl~croc G....\ 0 1'b,~50.laO cu..r~ ~ o. L.{ Z. Ac.r-e.,.. f"-u...{ ::Crr~C{ 1!.-\.~O1',." m\9'O ~. f. \o...v.n'\(~q"r<l.f'fb CIl..J}tb"--) :. 0.0\15' ACK-- 8.. .. \.<tz.Af I A.c~he(),T{i-\o.rA1 I C-c. \[1<,) , O.oz..Acre... .~~-t ']';TAL- USAG~ "PE,\Z....'fEAR. r ~ \. 3':lf\C.RE: ~e.s.T'1 PROOOCT2Gl-l (SInc)~ Sll6!lsI2QS.llPZldtdI/Mml/,,~.Gr\ItllII,Mu:I.OWI. ToOldcrf'tlONE TOLlffIEE 1-<<JG.22S-63IlO e' e*. ~\.,. ". It' "\'", ",i.,.....,.." I" W' "') 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. .-