HomeMy WebLinkAboutresolution.council.029-88
RESOLUTION NO. ~
(Series of 1988)
A RESOLUTION APPROVING AMENDMENTS TO THE ASPEN MOUNTAIN
SUBDIVISION/PUD
WHEREAS, the Aspen Mountain Subdivision/PUD was approved by
the City Council on May 20, 1985; and
WHEREAS, pursuant to and in accordance with the Aspen
Mountain SUbdivision/PUD approval, a PUD agreement and final
PUD/Subdivision plat was recorded in the office of the Pitkin
County Clerk and Recorder on December 2, 1985; and
WHEREAS, an application for amendments to the Aspen Mountain
SUbdivision/PUD and its growth management allotments was
submitted to the City on January 29, 1988, and later supplemented
on June 3, 1988; and
WHEREAS, on March 8, 1988, the Aspen Planning and Zoning
Commission initiated the public hearing process with respect to
the proposed amendments, which hearing was continued at meetings
on March 15, 22 and 29, April 5, June 28, July l2 and July 26,
1988; and
WHEREAS, at the conclusion of the hearing process, by a vote
of six in favor and one against, the Planning and Zoning Commis-
sion adopted Resolution 88-8 recommending to the City Council
approval of the aforesaid amendments, a copy of which is appended
hereto and made a part hereof; and
WHEREAS, the City Council continued the hearing process
initiated by the Planning and Zoning Commission with respect to
the proposed amendments, which hearing was continued at meetings
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on August 1, 9, 16, 24, and September 6, 1988, and
WHEREAS, at the conclusion of the hearing process, the
Applicant submitted a "First Amended and Restated Planned unit
Development/Subdivision Agreement Aspen Mountain Subdivision"
incorporating conditions imposed by the Planning and Zoning
Commission and amended by City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
City Council does hereby grant the following approvals with
regard to the Aspen Mountain Subdivision/PUD project, subject,
however, to the conditions set forth below:
(a) Confirmation of the 172 unit growth management quota
system allotment previously granted to the Aspen Mountain Lodge
project;
(b) Amendment of the Aspen Mountain SUbdivision/PUD plat
approved by the Planning and Zoning Commission, and approval of
the "First Amended and Restated Planned Unit
Development/Subdivision Agreement Aspen Mountain Subdivision, a
copy of which is appended hereto;
(c) A growth management quota system exemption to convert
four units at what is now known as the "Grand Aspen Hotel" to
employee housing.
Said approvals are expressly subject to the conditions
recommended by the Planning and Zoning commission which, to the
extent not amended by this approval, are hereby adopted and
incorporated by the City Council.
Section 2
The Mayor is hereby authorized to sign the SUbdivision/PUD
Plat and Agreement and such other documents as may be necessary
to record this approval.
Dated:
, 1988.
william L.
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I. Kathryn S. Koch, duly appointed and acting City Clerk do
irling,
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held
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1988.
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City Clerk
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT THE ASPEN CITY COUNCIL APPROVE AMENDMENTS
TO THE ASPEN MOUNTAIN PUD
Resolution No. 88-8
WHEREAS, on May 20, 1985, the Aspen city council approved
the Aspen Mountain Subdivision/PUD; and
WHEREAS, on December 2, 1985, the PUD Agreement and Final
PUD/Subdivision Plat for the project were recorded in the office
of the pit}:in County Clerk and Recorder; and
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WHEREAS, in January, 1988, Savannah Limited Partnership
(hereinafter "Applicant") submitted to the city of Aspen GMP and
PUD Amendments to the Aspen Mountain Subdivision/PUD; and
WHEREAS, on March 8, 1988, the Aspen Planning and Zoning
commission (hereinafter "Commission") initiated a public hearing
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process with respect to the Applicant's requests, which was
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continued with meetings on March 15, 22 and 29, April 5, June 28,
July 12 and July 26: and
WHEREAS, during the course of these meetings, significant
changes have been made to the Applicant's proposal due to
requests made by the Commission, the Planning Office and the
public; and
WHEREAS, as a result of these changes, the Commission
concludes that the Aspen city Council should approve the
Applicant's request, subject to certain conditions listed herein.
NOW, THEREFORE, BE IT RESOLVED by the Commission that :. t
does hereby recommend the following actions to the Aspen City
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Council:
Resolution No. 88-____
Page 2
1) confirmation of the 172 lodge unit GMQS allotment previously
granted to the Aspen Mountain Lodge.
2) Amendment of the planned unit Development.
3) Subdivision of Lot 5 to create a new Lot 6.
4) Rezoning of Lot 6 from CL and L/TR to Park.
5) GMQS Exemption to convert 4 units at the Grand Aspen Hotel
to employee housing.
BE IT FURTHER RESOLVED by the Commission that its
recommendation shall be subject to the following conditions:
1) There shall be no more than 155 lodge rooms and 4 employee
units in operation at the Grand Aspen at the time a
foundation permit application is obtained for the Ritz-
Carlton Hotel.
2)
The applicant shall deed-restrict 4 units at the Grand
Aspen Hotel for rental to and occupancy by a minimum of 3.5
moderate income employees. The applicant shall be
permitted to replace these units with other units off the
PUD site which the Housing Authority finds are equal to or
better than the on-site units in terms of size and quality
and which shall also be restricted to moderate income rental
and occupancy by a minimum of 3.5 employees.
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3) In order to maintain the employee generation rep~esented by
the applicant, there shall be no more than 204 dining seats
and 4,500 sq. ft. of net (defined as 80% of gross) dining
area, exclusive of lounge area and exclusive of seasonal
outdoor dining, within the Ritz-Carlton hotel.
4) There shall be an audit performed of the hotel after its
second full year of operation to determine the actual number
of full time equivalent employees working in the hotel. In
the event the audit deterrr.ines that the hotel has a higher
full time equivalent employee count than was calculated
herein, the applicant shall provide additional employee
housing for sixty percent of those persons based on the
ratios repyesented herein. Plans for the required housing
shall be required to receive final approval from the City
within twelve months of the audit and the required housing
shall receive a Certificate of Occupancy within twenty-fouy
months of the audit. If the audit determines that the hotel
has a lower full time equivalent employee count than was
calculated herein, the applicant shall receive a credit for
those additional persons housed according to the ratios
Resolution No. 88-____
Page 3
represented herein. For the purposes of this requirement,
the audit shall be performed and full time equivalent
employees shall be defined according to the Housing
Authority guidelines in effect at the time of this approval.
The cost of the audit shall be paid for by the applicant,
but the choice of auditor shall be mutually agreed to by the
applicant and the Housing Autho~ity.
5) The applicable ratios for provision of employee housing
shall be as follows:
a. The unit mix shall consist of at least 56% low income
and no more than 44% moderate income units.
b. Calculation of employee generation shall be as shown in
the attached exhibit A.
6)
There shall be a minimum of 220 parking spaces provided in
the parking structure, of which 18% may be compact spaces,
with minimum dimensions of 7 1/2' x 16'. There shall also
be 10 spaces provided for surface loading within Lot 1, of
which 2 shall be for truck loading within the service area.
The following spaces shall also be provided on Lot 5 during
Phase I:
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surface lot west of Grand Aspen:
surface lot east of Grand Aspen:
parallel parking on Dean street:
angle parking on Dean street:
guest and service loading:
subgrade in Grand Aspen garage:
55 spaces
18 spaces
13 spaces
9 spaces
6 spaces
28 spaces
total number of parking spaces:
129 spaces
7) The applicant's commitment in the PUD Agreement to
participation in the Lodge Improvement District shall be
revised to indicate a commitment to provide improvements on
all project frontages which correspond to those planned for
the South Galena/South Mill Improvement District. The
applicant shall also commit to constructing those
improvements adj acent to the hotel which were originally
intended for construction by the district contractor, using
funds which v.rill be transferred from the district to the
applicant.
8) The storm'later detention facility in Mill Street shall be
designed to avoid utility conflicts and provide adequate
separation from the water main to prevent freezing, to the
satisfaction of the City Engineer.
So) The applicant I s drainage commitments in the PUD agreement
Resolution No. 88-____
Page 4
shall be revised to indicate a commitment to fund the
comprehensive Aspen Mountain Drainage Plan and to implement
the plan's recommendations or provide drainage easements to
a maximum level of expense of $250,000, which is comparable
to providing on-site facilities at Top of Mill.
10) The applicant shall relocate one proposed fire hydrant to
the SW corner of the intersection of Durant and Mill, to the
satisfaction of the city Water Department and city Engineer.
11) The applicant shall modify the design of the towtr for the
bridge over Dean street by moving its location 2' closer to
the hotel to provide better clearance for truck turning.
Clearance of 14' in height shall be provided under the
entire bridge span, and clearance of 14 1/21 shall be
provided across a 151 wide stretch of the bridge, which
shall be marked accordingly.
12) The Norway Maple trees shown on the landscape plan shall be
approximately 15-20' tall at the time of their planting, and
shall be watered through an underground system to be
installed by the applicant.
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13) The applicant shall be required to obtain a demolition
permi t and complete demol i tion of the Grand Aspen Hotel
within three years of the date of issuance of a certificate
of Occupancy for the Ritz-Carlton Hotel. Re-development of
this site shall proceed in general accord with the plans
presented for Lot 5, which have not been finalized as of the
time of this resolution. If final approval of re-
development has not been granted by the deadline for
demolition of the Grand Aspen, the applicant shall be
permitted to request an extension of the deadline from the
city council. If the date for demolition shall occur during
the traditional y,rinter season , demolition need not begin
until the day after the ski lifts shall close during that
season.
14) The applicant shall develop Lot 6 in general accord with the
representations made regarding this site and obtain a
certificate of Occupancy for the ice rink and associated
facilities prior to or at the time that a certificate of
Occupancy for the Ritz-Carlton Hotel is obtained.
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15) The applicant shall be required to obt.ain all necessary
approvals from the City for the ice rin}: and associated
facilities, including but not limited to GMQS exemption or
allocation, conditional use approval for a restaurant and
PUD approval to establish dimensional and parking
requirements. Analysis of impacts and consideration of
Ir.i tigation measures for the development of Lot 6 has not
Resolution No. 88-____
Page 5
occurred in conjunction with the review of Lot 1.
16) The following limits shall be placed on the construction
schedule in addition to those proposed by the applicant or
required by the City Engineer:
a. A "tennis" fence material shall be used to screen all
staging areas on the site.
b. All construction (except painting or similar "quiet"
activities) shall be prohibited on the site between the
hours of 10:00 P.M. and 7:00 A.M.
c. The applicant shall demonstrate to the City Engineering
Department that permission has been obtained from
adjacent owners whenever the booms on the tower cranes
swing over their properties.
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d. The applicant shall provide t~e City Engineer with an
updated construction schedule prior to obtaining any
additional building permits for the project.
17) The applicant shall commit to meeting the Health Department
requirements identified by Tom Dunlop in his memo regarding
the project dated February 18, 1988.
18) The accessory retail uses permitted within the hotel shall
be limited to the following and similar uses: sundry shop;
car rental desk; travel desk; ski rental and repair store,
ski and sports activity center; Ritz-Carlton souvenir store;
beauty shop; florist shop; and gift shop. The four
accessory retail spaces depicted in the building on Durant
street shall not be combined to create larger retail spaces.
19) The recorded Subdivision and PUD plan set shall be amended
to include the following new drawings, which shall be
reviewed by the Planning Director and City Engineer, prior
to recordation, to determine their consistency with this
approval:
a. A new final plat indicating six, rather than five lots
and designating all PUD variations granted to the
project;
b. Revised building locations for the project;
c. Revised final site plan , utility plan and landscape
plan;
d.
Elevations for
street facades
courtyard; and
the Monarch, Mill,
and three elevations
Durant and Dean
for the internal
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Resolution No. 88-____
Page 6
e. Floor plans for each level of the hotel, which shall
also indicate countable and excludable floor area for
each level.
An amended subdivision/PUD agreement shall also be submitted
to the Planning Director for review and approval by City
Council prior to final action on the PUD amendment.
20) The applicant and the City shall commit to abide by all
written and verbal representations made throughout the
review precess, including those in written submissions,
verbal presentations and those associated with City Council
Resolution 11 of 1988.
BE IT FINALLY RESOLVED by the Commission that it does hereby
recommend that the City Council grant an extension to the project
to the extent necessary to permit the completion of the
processing of these amendments, including but not limited to the
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recordation of a plat and agreement and obtaining a foundation
permit.
APPROVED by the Commission at a Special Meeting on July 26,
1988.
ASPEN PLANNING
COMMISSION
AND
ZONING
By
r. !1lj~d/Jff-
C. Welton Anderson,
Chairman (
ATTEST:
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EXHIBIT"
Revised Employee Generation Based on New Generation Factors
and on June 3, 1988 Program
PhaE<e I
1, Lodge Operation
New Lodge Rooms (264)
New 1-BR Suites (26)
New 2-BR Suites (2)
Total Bedrooms
Living Rooms @ 25\
Total Rooms
Employees per room
Employee generation
Existing Lodge Rooms
Employees per room
Employee credit
120
.20
24.00
Net new employees
GMP employees housed
Emplo~ees to be housed
84.4
60\
50.6
2. Accessory Food & Beveraoe
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New restaurant sq.ft. (net)
New lounge sq.ft. (net)
New kitchen sq.ft. (net)
Subtotal
Employees per 1,000 sq. ft.
Employee generation
4,500
3,700
3,400
11,600
12.8
148. 5
Existing F&B and Kitchen sq. ft. (net)
Employees per 1,000 sq.ft.
Employee credit
4,900
9.0
44.1
Net new employees
GMP employees housed
Employees to be housed
104.4
60%
62.6
3. Accessory Retail
Existing retail sq. ft.
Employees per 1,000 sq. ft.
Employee credit
5,770
3.5
20.2
700
3.5
2.5
Net retail sq. ft.
Employees per 1,000 sq.ft.
Employee generation
Net new employees
GMP employees housed
Employees to be housed
17.7
60%
10.6
4. Non-Accessory Commercial GMP
New retail
Employees per 1,000 sq. ft.
Employee generation
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5. Residential GMP (Lot 4)
Population of unrestricted units
4 3-BRs @ 3.0/du (58\)
Employees to be housed (42%)
12.0
8.7
6. Employee I~ouslna R~plac~Q~nt
Employees to be housed
29.0
Summary of Emolovees to be Housed
1. Lodge Operations
2. Accessory Food & Beverage
3. Accessory Retail
4. Non-Accessory Commercial GMP
5. Residential GMP (Lot 4)
6. Replacement Housing
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Total, Lot 1 and Lot 4 Employees to be Housed
50.6
62.6
10.6
0.0
8.7
29.0
161.5
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BOOK 574 PAGE 792
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FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
ASPEN MOUNTAIN SUBDIVISION
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This agreement, made and entered into this ;;~
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day of O<:-CO&/\, 1988, by and between the City of Aspen,
Colorado, a municipal corporation and home rule City (herein-
after referred to as "City"), and Savanah Limited Partnership, a
District of Columbia Limited Partnership (hereinafter referred to
as "Owner")
WIT N E SSE T H :
WHEREAS, Owner is the owner of the real property
and improvements thereon situate known as the Aspen Mountain
Subdivision and Planned Unit Development (hereinafter either the
"PUD" or the "Project") - a five-lot subdivision and planned unit
development more particularly shown and described in the Plat
thereof recorded December 2, 1985, in Plat Book 17 at Pages 99,
et seq. (hereinafter the "Initial Plat"), of the Pitkin County,
Colorado real property records (hereinafter the "Records"); and
WHEREAS, the Initial Plat was submitted to the City
for approval, execution and recordation by Owner's predecessor in
title, John H. Roberts, Jr. ("Roberts") in connection with the
initial platting of the five lots compri~ing the PUD (hereinafter
the "Initial Project"); the five lots, together with a sixth lot
hereinafter proposed to result from the replatting of Lot 5 are
presently known and sometimes herein described as:
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( BOOK 574 PAJiE 793
(a) Lot 1, sometimes herein referred
to as "Hotel Phase I";
(b) Lot 2, sometimes herein referred
to as "Summit Place";
(c) Lot 3, sometimes herein referred
to as "Top of Mill";
(d) Lot 4, sometimes herein referred
to as "Galena Place";
(e) Lot 5, sometimes herein referred
to as "Hotel Phase II", and
(f) Lot 6, (Proposed), sometimes herein
referred to as "Ice Rink and Park."
WHEREAS, in conjunction with the initial platting of
the PUD, Roberts entered into that certain Planned Unit Develop-
ment/Subdivision Agreement - Aspen Mountain Subdivision dated
December 2, 1985, and recorded in Book 500 at Pages 656, et seq.,
of the Records (hereinafter the "Initial PUD Agreement"); and
WHEREAS, pursuant to and in reliance upon the
Initial PUD Agreement, Owner, or its predecessor, has already
completed several obligations on the Owner's part to have been
performed thereunder, many of which obligations have, for
purposes of continuity and consistency, been restated and
reaffirmed in this First Amended PUD Agreement; and
WHEREAS, pursuant to an application dated January
29, 1988 and as later supplementecj,...on June 3, 1988, the represen-
tations therein set forth being incorporated by reference herein,
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(BOOK 574: PAGE 794
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Owner submitted to the City an application to amend the Initial
Project; and
WHEREAS, the application to amend the Initial
Project was submitted before the effective date of the changes to
Chapter 24 of the Aspen Municipal Code ("Municipal Code") and
reviewed under the provisions of the Municipal Code theretofore
existing; therefore, any references hereinbelow to the Municipal
Code or to Sections thereof shall be deemed to refer to the
Municipal Code and the Sections thereof in effect on May 24,
1988, except to the extent that changes to the Municipal Code or
to Sections thereof have been made expressly applicable to the
First Amended PUD or to the performance of Owner's obligations
hereunder; and
WHEREAS, the City and Owner desire by this Agreement
(hereinafter the "First Amended PUD Agreement") to amend the
Initial PUD Agreement to reflect certain design modifications to
and of the Initial Project, as well as other matters more
particularly below set forth; and
WHEREAS, Owner has submitted to the City for
approval, execution and recordation a plat amending the PUD
(hereinafter referred to as the "First Amended Plat"); and
WHEREAS, the necessary conceptual, preliminary and
final approvals have been received from the City for Lots 1, 2,
and 4, as shown on the First Amended Plat, while: (i) Lot 3 as
shown thereon requires further geOlogic study and evaluation
before it can receive preliminary and final development consider-
ation, and (ii) Lot 5 as shown thereon is still in the review
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BOOK
574 PAGE 795
process for purposes of obtaining final approval of proposed
amendments to the development activity contemplated therefor as
set forth in this First Amended PUD Agreement and for the
replatting thereof into two separate parcels with the resulting
new parcel to accommodate the Ice Rink & Park; and
WHEREAS, the City has fully considered the First
Amended Plat and, with the exception of the Top of Mill component
and Lot 5 of the PUD, has fully considered changes in community
conditions and policies that have occurred since approval of the
Initial Plat and execution of the Initial PUD Agreement, and has
fully considered the anticipated benefits and burdens to other
adjoining or neighboring properties and the Aspen downtown area
in general likely to result from the proposed development and
improvements of the lands included in the First Amended Plat and
contemplated hereby; and
WHEREAS, the City is willing to approve, execute and
accept the First Amended Plat for recordation upon the agreement
of Owner to the matters hereinbelow described, subject to all of
the requirements, terms and conditions of the City of Aspen
Subdivision and Planned Unit Development Regulations in effect on
May 24, 1988, together with such other laws, rules and regula-
tions as are or may become applicable, and provided that at such
time as the proposed amendment to the development activities
contemplated for Lot 5 of the PUD( including the replatting
thereof into two separate parcels, receives final PUD amendment
approval, and/or at such time as the Top of Mill component
receives final PUD approval, this First Amended PUD Agreement
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( BOOK 574 PAGE 796
shall be further restated and amended to reflect such approvals
and to incorporate all conditions and assurances that may
reasonably be required by the City in connection therewith; and
WHEREAS, the city has imposed conditions and
requirements in connection with its approval, execution and
acceptance of the First Amended Plat for recordation and such
matters are necessary to protect, promote and enhance the public
health, safety and welfare; and
WHEREAS, the city intends by its execution of this
First Amended PUD Agreement to require Owner to perform or commit
to perform its obligations hereunder within the time frame
contemplated herein and, otherwise, as soon hereafter as is
practical; and
WHEREAS, under the authority of Section 20-16(c) and
Section 24-8.1, et seq., of the Aspen Municipal Code, the city is
entitled to assurances that the matters hereinafter agreed to
shall be faithfully performed by Owner and Owner's successors and
assigns; and
WHEREAS, Owner is willing to enter into such
agreements with, and provide such assurances to, the city; and
WHEREAS, the City and Owner intend that both the
First Amended Plat and this First Amended PUD Agreement shall,
upon their complete execution and recordation in the Records,
supersede and replace for all intents and purposes the Initial
Plat and the Initial PUD Agreement, which shall thenceforth be of
no further force and effect.
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BOOK 574 PASt 797
NOW, THEREFORE, in consideration of the premises,
the mutual covenants herein contained, and the approval,
execution and acceptance of the plat for recordation by the City
it is agreed as follows:
A. PERMITS AND PROJECT CONSTRUCTION SCHEDULES
1. Permits. As soon following the complete
execution of this First Amended PUD Agreement as in the circum-
stances is practical, but in no event later than October 3, 1988,
Owner shall complete its submission for and shall obtain the next
sequential building permit for the next phase of construction
(i.e., foundation work) for Hotel Phase I. City shall review and
advise Owner in respect of its permit submission in the soonest
time possible in the attendant circumstances to the end that
this deadline and the Project Construction Schedules below set
forth might be better adhered to.
2. proiect Construction Schedules
(a) Hotel Phase I: On April 15, 1988 Owner
timely obtained a permit authorizing excavation. The excavation
and shoring was completed July 31, 1988. Immediately following
recordation of this Agreement and the Plat, Owner shall make
application for and receive a permit authorizing foundation work.
This shall be obtained on or before October 3, 1988 and founda-
tion work will commence immediately thereon. Foundation work
shall be completed on or after March 1, 1989, subject to
climatological conditions. Upon issuance of the next permit,
structural erection above grade shall begin and will take roughly
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( BOOK 574 PAGE 798
three months. Thereafter, and in conjunction with the structural
work, the exterior facade erection will begin, followed by interior
finish. These two phases are expected to take approximately eight
months.
The following are the construction schedules for the remaining
components of the Project:
(b) Summit Place: Construction on this component
shall commence on or after October 1, 1988 with substantial comple-
tion to be achieved on or after October of 1989.
(c) Top of Mill: Premature.
(d) Galena Place: Construction on this component
shall commence on or after October 3, 1988, by which time a permit
for construction will be obtained, with substantial completion to
be achieved on or after May of 1989.
(e) Hotel Phase II: This component requires demoli-
tion of the Grand Aspen Hotel according to the schedule specified
in Paragraph H(3) below. Substantial completion shall be achieved
within two years of the beginning of demolition.
(f) Lot 6 (proposed Ice Rink and Park): This com-
ponent is required to receive a Certificate of Occupancy and be
available for use at the time of issuance of a Certificate of
Occupancy for the Hotel Phase I. Thus, demolition and construction
shall begin in the spring of 1989 with completion to occur on or
before and as a condition to the issuance of a Certificate of
Occupancy for Hotel Phase I.
At the time of application for a Building Permit for a
particular development component of the Project, and as a
condition precedent to the issuance thereof, Owner shall provide
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BOOK 574 PAGE 799
the city Engineering Department with a detailed Construction
Schedule for that component, to the satisfaction of the City
Engineer and Chief Building Official in the exercise of their
reasonable discretion, keeping in mind that disruptive activities
shall be scheduled to minimize impacts on adjacent properties and
lodge uses. The Construction Schedule shall particularly address
how construction phasing and other techniques within each
component will best accommodate under the circumstances (a)
barricading and provision of pedestrian protection, (b) main-
tenance of adequate public vehicular access and circulation in
the development area, (c) excavation access and large truck
traffic circulation and staging areas, (d) disposal of demolition
and excavation materials, (e) delivery and storage of major
construction materials, (f) construction equipment access and
storage, (g) contractor vehicle parking, and (h) compliance with
city noise regulations. Each of such Construction Schedules
shall be verified by the City Engineer and the Chief Building
Official and (if the City so desires) recorded as a supplementary
exhibit hereto.
Every 90 days thereafter until substantial completion of
the related development component, Owner shall provide the City
Engineering Department with a status Report on that Construction
Schedule which generally describes the accomplishments of the
preceding 90 days and those anticipated during the next 90 days.
Amendments to a particular Construction Schedule which, in the
view of the City Engineer, represent a substantial deviation from
the original Construction Schedule, shall be processed in
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BOOK 574: PAGE800
accordance with the extension procedures established in section M
hereof, and shall also be verified by signatures of the city
Engineer and Chief Building Official and (if the City so desires)
recorded as supplementary exhibits hereto.
B. HOTEL PHASE I
The Hotel Phase I component shall be comprised of not more
than 292 hotel units and not more than 294 hotel bedrooms and no
residential units as shown on the First Amended Plat recorded in
Book at Pages ___, et seq., of the Records, each of the
drawings and sheets pertaining to which is incorporated by
reference as though fully annexed as an exhibit to this First
Amended PUD Agreement. The total F.A.R. floor area in this
component shall not exceed 190,000 square feet, and the total
non-F.A.R. floor area shall not exceed 95,000 square feet.
1. site Improvements - Hotel Phase I. Prior to the
issuance of a Certificate of Occupancy for Hotel Phase I, and as
a condition precedent thereto, Owner shall have previously
accomplished or, if not previously accomplished, hereby agrees to
accomplish the following Section 20-16 improvements in the
Project area:
(a) Owner shall relocate underground all electri-
cal, telephone and cable television lines which presently exist
above ground within the Project boundaries and along the portion
of Monarch Street which adjoins Lot l, with the possible
exception in Owner's discretion of (i) those lines along vacated
Dean Street between South Galena and Mill Streets, and (ii) the
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line along the easterly boundary of Lot 4, in accordance with the
plans, profiles and specifications contained in the final Aspen
Mountain P.U.D. utility Plan (Sheet UI) recorded (as a part of
the First Amended Plat) in Plat Book
at page
of the
Records (hereinafter referred to as the "utility Planll), which
utility Plan shall be deemed incorporated herein by this
reference, and in accordance with other normal city specifi-
cations.
(b) Owner has provided and installed a new twelve-
inch (12") water main in South Galena street from the Durant/
Galena intersection to the Mill/Galena intersection, and shall
provide and install a cross-connection between the existing 611
and 811 water lines in Monarch Street, and has relocated the
existing Mill street sewer line in an Easterly direction across
Lot 5 to connect with the existing 811 sewer line in South Galena
street, all in accordance with the utility Plan and pursuant to
other normal city specifications.
(c) Owner shall provide and install four (4) new
fire hydrants within or adjacent to the project area in accord-
ance with the utility Plan and pursuant to other normal city
specifications.
(d) Owner shall provide and install the storm
sewer enlargement and extension along Mill street between Cooper
and Durant streets, and then along Durant Street to South Galena
street, and then Southerly along South Galena Street to a point
between Lot 4 and Lot 5, in accordance with the utility Plan and
pursuant to other normal city specifications. The stormwater
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detention facility in Mill street shall be designed to avoid
utility conflicts and provide adequate separation from the water
main to prevent freezing, to the satisfaction of the City
Engineer.
(e) Owner shall construct new sidewalks, curbs and
gutters along the entire Project frontage on Monarch street,
along the Westerly side of Mill street between Dean street and
the Southerly boundary of Lot 1 on Mill Street, and along the
Southerly side of Durant Street between Monarch Street and the
Westerly boundary of the Mountain Chalet property, in accordance
with the Aspen Mountain lodge Project Landscape Plan (Sheet L.3
as amended) recorded (as a part of the First Amended Plat) in
Plat Book ____ at Page ____ of the Records (hereinafter referred
to as the "Landscape Plan"), which Landscape Plan shall be deemed
incorporated herein by this reference, and pursuant to other
normal City specifications. In addition, Owner shall repair or
replace any other existing (or newly installed) sidewalks, curbs
or gutters that may be damaged during construction.
(f) Owner shall provide and install enriched
paving at the Durant street/Mill Street intersection, at the Dean
street/Mill Street intersection, at the Dean street/Monarch
Street intersection, and along Mill Street between Durant Street
and Dean Street, in accordance with the Landscape Plan and
pursuant to other normal City specifications.
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BOOK 574: PAGE 803
(g) Owner shall construct and pave an eight-foot
(8') wide path within those portions of the "Alpine Trail"
easement located within Lots 1 and 5, Aspen Mountain Subdivision.
(h) Owner shall clear and grade a thirty-foot
(30') wide ski trail, and shall gravel or otherwise surface as
required an eight-foot (8') wide pedestrian trail, within the
entire length of the "Aspen Mountain Trail" easement upon and
through Lots 1, 2 and 3 of the Aspen Mountain Subdivision.
(i) Owner shall construct (grade, gravel, and
asphalt pave) the South Galena Street realignment between Lot 4
and Lot 5, Aspen Mountain Subdivision, in accordance with the
utility Plan and the Landscape Plan and pursuant to other normal
City specifications.
(j) Owner shall re-open South Mill Street within
the Project Area on or before December 1, 1988 for the ski season
to a minimum width of 18' from the curb to the jersey barrier at
the south end of the Project and greater than 18' at the north
end of the Project. Owner shall accomplish the reconstruction
and repaving of so much of the surface of South Mill Street
within the Project Area as may have been damaged or destroyed
during Owner's construction of underground facilities, in
accordance with the utility Plan and the Landscape Plan and
pursuant to other normal city specifications, prior to the ski
season of 1989.
(k) Owner shall construct new sidewalks, curbs, and
gutters along the Project frontage on Dean Street and shall
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BOOK 574 PAGE804
repave Dean street between South Monarch and South Mill Streets
with enriched paving.
(1) Owner shall obtain a certificate of Occupancy
for the Ice Rink and Park on proposed Lot 6 contemporaneously
with the issuance of a Certificate of Occupancy for Hotel,
Phase I.
2. Landscapinq Improvements - Hotel Phase I. In accor-
dance with section 24-8.16 of the Municipal Code, all required
landscaping for Hotel Phase I shall substantially conform to the
Landscape Plan. Said Landscape Plan depicts and describes the
nature, extent and location of all plant materials at mature
sizes in appropriate relation to scale, species and size of
existing plant material, flower and shrub bed definition, a plant
material schedule with common and botanical names, sizes and
quantities, proposed treatment of all ground surfaces (~.,
paving, turf, gravel, terracing, etc.), irrigation water systems,
decorative water features, retaining walls, fencing, benches,
site lighting, and all other agreed-upon landscape features.
Such landscaping shall be completed in a logical sequence
commensurate with the staging of improvements as contemplated in
the Hotel Phase I Construction Schedule, but in no event later
than one (1) year after the date of issuance of the Certificate
of Occupancy for Hotel Phase I. It is the mutual understanding
of the parties that a Certificate of Occupancy may in fact issue
for Hotel Phase I even though the landscaping improvements
related thereto have not yet been completed, so long as the
portion of the financial guaranty provided for in Paragraph B(3)
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BOOK 574 PAGE805
hereof which covers the estimated cost of such unfinished
landscaping remains available to the City pursuant to the terms
of said Paragraph B(3). The Norway maple trees on the Landscape
Plan shall be approximately fifteen to twenty feet (15' - 20')
tall at the time of their planting and shall be watered through
an underground system to be installed by Owner.
3. Financial Assurances - Hotel Phase I. In order to
secure the construction of the site improvements described in
Paragraph B(l) above, and to guarantee one hundred percent (100%)
of the current estimated cost of such improvements, which
estimated cost is approved by the City Engineer to be $863,000.00
(as such amount may be updated from time to time as herein
provided), and in order to secure the installation of the
landscaping improvements described in Paragraph B(2) above, and
to guarantee 125% of the estimated cost of such improvmeents,
which estimated cost plus 25% is approved by the city Engineer to
be $500,000.00 (as such amount may be updated from time to time
as herein provided), Owner shall guarantee by irrevocable bond,
sight draft or letter of commitment or credit from a financially
responsible lender that funds in the amount of such estimated
costs, plus an additional 25% of the estimated cost of the
landscaping improvements, are held by it for the account of Owner
for the construction and installation of the above-described
improvements. City acknowledges that Owner has, as a condition
imposed by the City to the issuance of a permit heretofore issued
by the city in connection with Hotel Phase I, and pursuant to
escrow instructions dated April 14, 1988, a copy of which is
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BOOK 574 PAGE806
hereto annexed as Exhibit A ("Escrow Instructions"), already
posted with City (partly in cash and partly in the form of a
letter of credit) financial assurances, sufficient in the
estimation of the city for these purposes, in the amount of
$1,228,000.00. The City and Owner acknowledge and agree that the
difference of $135,000.00 between the amount of financial
assurances heretofore posted and the amount hereinabove committed
to shall, for all intents and purposes, be deemed already to have
been given by virtue of the non-exclusive earmarking, herein
confirmed, of that difference from the $650,000.00 in financial
assurances given by Owner pursuant to the Escrow Instructions in
respect of certain excavation work undertaken in connection with
Hotel Phase I, all as is more particularly below described. All
financial assurances given by Owner to City, in all events, shall
give the City the unconditional right, upon default by the Owner,
to withdraw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party, with any
excess guaranty amount to be applied first to additional
administrative or legal costs associated with any such default
and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty
is released to Owner. As portions of the required improvements
are completed, the City Engineer shall inspect them, and upon
approval and written acceptance, he shall authorize the release
from the guaranty delivered by Owner of the agreed estimated cost
for that portion of the improvements except that (a) ten percent
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BOOK 5(~ PAGE807
(10%) of the actual cost of the site improvements shall be
retained until all proposed site improvements are completed and
approved by the City Engineer, and (b) that 25% of the estimated
cost of the landscaping improvements shall be retained for the
two-year period next following the installation of such improve-
ments to secure their maintenance in a satisfactory condition for
such period. Provided, that the retained ten percent (10%) which
relates to site improvements shall be released by City upon
completion and approval by the City Engineer of all such site
improvements and regardless of the stage of completion of
landscape improvements.
City and Owner confirm and acknowledge that the references
in the Escrow Instructions to Paragraphs B(l) and B(2) of the PUD
Agreement shall henceforth be construed to mean Paragraphs B(I)
and B(2) of this First Amended PUD Agreement, and Owner shall
amend the Escrow Instructions accordingly.
The Owner also shall deliver to the City, upon
demand therefor by the City Engineer, a maintenance bond or other
suitable guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
At anytime and from time to time, Owner shall have the
right to substitute for the form of financial assurance there-
tofore given a different form of financial assurance, so long as
such substituting form meets the requirements for form and
content above set forth. Any such substitution shall be subject
to the prior approval of City Council, which shall promptly
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BOOK 57~ PAuE808
consider the request to substitute and shall not unreasonably
withhold its approval.
Furthermore, Owner agrees to and does hereby warranty all
such site improvements except landscaping to accepted standards
of good workmanship for a period of one (1) year from and after
acceptance thereof in writing by the city. In addition to this
warranty, the Owner shall, if they are available, obtain from its
contractors customary warranties of good workmanship with the
City as beneficiary, with respect to all improvements required by
Paragraphs B(l) and B(2).
City and Owner confirm and acknowledge that, notwithstand-
ing anything in the Escrow Instructions to the contrary, of the
sum of $650,000.00 posted with the City to secure the obligation
of Owner to refill, compact and re-seed any portion of Lot 1
excavated pursuant to the permit that earlier issued in connec-
tion with Hotel Phase I upon the occurrance of the conditions set
.
forth in the Escrow Instructions, the sum of $515,000.00 shall be
returned to Owner, together with interest accrued thereon, at
such time, but not before, Owner completes all below-grade
structural and foundation work and pours the at-grade slab for
Hotel Phase I. $135,000.00 of such sum shall remain in escrow
and shall be thenceforth considered exclusively as a part of the
financial assurances for the improvements described in Paragraphs
B(l) and B(2), above.
It is the understanding of the parties that the procedure
set forth in Section M of this Agreement regarding non-compliance
shall not be required with respect to the enforcement and
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574 DAGE809
BOOl{
implementation of the financial assurances set forth, or
otherwise described herein and required by section 20-16(c) of
the Municipal Code.
4. Employee Housing - Hotel Phase I. Based upon existing
formulae approved by the city for calculating employee housing
obligations, Owner's obligation to provide off-site employee
housing is an obligation to house 60% of the currently estimated
full-time equivalent employees ("FTEE") for Hotel Phase I, Galena
Place (hereinafter described), and Summit Place (hereinafter
described), or 161.5 in number, all as is more particularly
described in Exhibit B, hereto annexed. Nonetheless, Owner has
agreed to provide off-site housing for 198.5 employees in
connection with Hotel Phase I, Galena Place, and Summit Place as
an inducement to the city to approve the amendments to the Aspen
Mountain P.U.D./Subdivision contemplated herein. Accordingly,
Owner agrees that (i) in the case of the Alpina Haus Lodge and
the Copper Horse Lodge, and, subject to the provisions of
Paragraph 4(d), below, in the case of ute City Place, effective
contemporaneously with, but not before, the issuance of a
Certificate of Occupancy for Hotel Phase I, (ii) in the case of
the Hunter Longhouse, prior to the recording of this Agreement in
the Records, and (iii) in the case of the Grand Aspen Hotel,
effective upon the issuance of the next phase building permit for
Phase I, Owner shall simultaneously with the recordation of this
First Amended PUD Agreement, cause to be recorded in the Records
(except to the extent Owner has previously done so, as herein-
after acknowledged) or escrowed as the case may be, as provided
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574 PAGE810
BOO~
below, deed restrictions acceptable in form to the City Attorney
confirming the following about the employee housing for Hotel
Phase I, Galena Place, and Summit Place:
(a) Alpina Haus: Forty-three (43) units, comprised
of 40 hotel rooms, 2 studio apartments and 1 dorm apartment, and
housing a total of 46 employees, are hereby dedicated for fifty
(50) years to City employee housing rental only guidelines and
restrictions, with rents (including all common utilities) not to
exceed 25% of the employees' average monthly income or $200.00
per month per person, whichever is less. Provided always, that
rental prices shall be indexed to the annually adopted employee
housing guidelines approved by the City.
(b) Copoer Horse: Fourteen (14) units, comprised
of one I-person room, six 4-person rooms, four 3-person rooms,
and three 2-person rooms, and housing a total of 43 employees,
are hereby dedicated for fifty (50) years to City employee
housing rental only guidelines and restrictions, with rents
(including all common utilities) not to exceed 25% of the
employees' average monthly income or $200.00 per month per
person, whichever is less. Provided always, that rental prices
shall be indexed to the annually adopted employee housing
guidelines approved by the city.
(c) Grand Aspen Hotel: Four (4) units comprised of
four (4) hotel rooms housing a total of 3.5 employees are hereby
dedicated for fifty (50) years to City employee housing rental
only, guidelines and restrictions, with rents (including all
common utilities) under moderate income rental guidelines of the
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574 PAGE811
800~
City of Aspen. Provided always, that rental prices shall be
indexed to the annually adopted employee housing guidelines
approved by the City. Upon redevelopment of Lot 5 this employee
housing requirement for 3.5 employees shall be relocated in a
manner and on a site acceptable to the City of Aspen, pursuant to
the provision therefor made in the employee housing dedication
for the units in the Grand Aspen Hotel more particularly below
described.
(d) ute City Place: Twenty-two (22) units,
comprised of six studios, twelve I-bedroom units, and four 2-
bedroom units and housing a total of 37 employees, are hereby
dedicated for fifty (50) years to City employee housing moderate
income rental and sale price guidelines and restrictions. Unlike
The Copper Horse Lodge and The Alpina Haus Lodge, which are in
existence, ute City Place has not yet been constructed.
Accordingly, if at the time Owner is otherwise eligible to
receive a Certificate of Occupancy for Hotel Phase I some or all
of the units in ute City Place are not ready for occupancy, Owner
shall, if but only if it by that time is the owner of the ute
City Place property and has begun construction of the ute City
Place project, have the right to substitute such of the units of
ute City Place not then ready for occupancy with units in the
Grand Aspen Hotel burdened with restrictions in the same manner
as those described in Paragraph 4(c) above, in which event a
certificate of Occupancy for Hotel Phase I shall not be withheld
by reason of the incompletion of ute City Place at the time the
Certificate of Occupancy is sought. Owner acknowledges that, if
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at the time it is otherwise eligible to receive a Certificate of
Occupancy for Hotel Phase I it either does not own the ute City
Place property or construction of the ute City Place Project has
not begun, Owner shall not be entitled to a certificate of
Occupancy for Hotel Phase I unless and until it furnishes
alternate employee housing for 37 employees, which employee
housing shall be acceptable to the City in its reasonable
determination.
The employee housing commitments described in subpara-
graphs (a), (b), (c), and (d) above shall be performed in the
following manner:
(1) Contemporaneously with the execution of this
Agreement, Owner has signed, acknowledged and caused to be
recorded in the Records a "Dedication of Real Property to
Employee Housing Restrictions and Guidelines" covering four
rooms in The Grand Aspen Hotel, a copy of which is annexed
hereto as Exhibit C.
(2) Contemporaneously with the execution of this Agree-
ment, Owner has signed, acknowledged and delivered into
escrow with the Aspen City Clerk a "Dedication of Real
Property to Employee Housing Restrictions and Guidelines"
covering ute City Place, a copy of which is hereto annexed
as Exhibit D, which is to be held by the City Clerk until
the time that Owner closes upon its option to acquire title
to the ute City Place property, presently scheduled for
November ___, 1988, whereupon the City Clerk shall and is
hereby authorized, empowered, and instructed to record in
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BOOK
the Records the Dedication for ute City Place. Owner
covenants that from and after the date hereof any entities
lending funds secured or to be secured by the ute City
Place property shall be given actual notice of the
dedication requirement pertaining to ute City Place.
Moreover, immediately upon its acquiring title to the ute
City Place property, Owner shall present to the City
Attorney a then current Owner's and Encumbrancer's report,
or other evidence satisfactory to the city Attorney,
confirming title to the ute City Place property in Owner
and confirming that the employee housing dedication for ute
City Place has been recorded and is binding upon all
persons then with or thereafter acquiring an interest in
the ute City Place property, except only the benefici-
ary(ies) of the purchase money deed of trust to be given to
the sellers in connection with Owner's acquisition of the
ute City Place property. with respect to such deed of
trust, and provided Owner has not made alternative
arrangements acceptable to the City for the housing of 37
employees in lieu of ute City Place as above provided,
Owner acknowledges that prior to and as a condition of the
issuance of a certificate of Occupancy for Hotel Phase I,
such deed of trust shall be fully discharged and released
of record by the time construction on the ute City Place
project commences, to the end that from and after the time
of issuance of such certificate of Occupancy the employee
housing restrictions for ute city Place shall be binding
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574: PAGE 814
BOO~
upon all then having or thereafter acquiring any interest
therein for the duration of such deed restrictions.
(3) The employee housing Dedication for The Copper Horse
Lodge was previously made in connection with the delivery,
acceptance and recordation of that certain Special Warranty
Deed of Conveyance from the owner of the Copper Horse
Lodge, Commerce Savings Association, to Downhill Asso-
ciates, Inc., dated April 10, 1987, and recorded in Book
533 at Page 781, et seq., of the Records, a copy of which
is hereto annexed as Exhibit E, which dedication is hereby
confirmed as being acceptable to the City for purposes of
Owner's obligation herein concerning employee housing in
respect of the Copper Horse Lodge, to become effective upon
issuance of a Certificate of Occupancy for Hotel Phase I.
(4) The employee housing Dedication for the Alpina Haus
Lodge was previously made in connection with the delivery,
acceptance and recordation of that certain Special Warranty
Deed of Conveyance from Owner to Riscor, Inc., dated March
10, 1988, and recorded in Book 5tfg- at Pages 8// , et seq.,
of the Records, a copy of which is hereto annexed as
Exhibit F, which Dedication is hereby confirmed as being
acceptable to the City for purposes of Owner's obligation
herein concerning employee housing in respect of the Alpina
Haus Lodge, to become effective upon issuance of a
Certificate of Occupancy for Hotel Phase I.
(e) Hunter Longhouse: For and in consideration of
(i) the making by Owner of a $250,000 subordinated equity
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574 PAGE815
capital investment in the Hunter Longhouse project, which funds
have already been delivered and receipted for, and (ii) the
recording in Book 50 at Page 646 of the Records of a "Dedication
of Real Property to Employee Housing Restrictions and Guidelines"
covering the Hunter Longhouse project executed by Owner, the
City, the Board of Pitkin County Commissioners, and Aspen-Pitkin
Employee Housing, Inc., Owner has been credited with housing a
total of 69 employees. Upon the City's issuance to the Owner of
a valid and effective Certificate of Occupancy for Hotel Phase I,
60.3 of said 69 employee housing credits shall be deemed
automatically allocated to and consumed by the Hotel Phase I
component of the Project.
(f) Commitment by Housing Authority and Owner: For
and in consideration of (i) the non-interest-bearing nature of
Owner's equity investment in Hunter Longhouse, and (ii) the joint
commitment made by the City/county Housing Authority and Aspen-
Pitkin Employee Housing, Inc., to apply such invested capital and
the interest earned thereon to the development and/or acquisition
(and the dedication to City of Aspen low and/or moderate income
employee housing restrictions and guidelines), prior to the
issuance of a Certificate of Occupancy for Hotel Phase I of the
Project, of housing for an additional l3 employees which
commitment is embodied in an Agreement recorded in Book 500 at
page 652 of the Records, Owner has been credited with housing 13
additional employees. Accordingly, upon the City's issuance to
the Owner of valid and effective certificate of Occupancy for
Hotel Phase I, all of said 13 employee housing credits shall be
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BOOK J 74 PAGE816
deemed automatically allocated to and consumed by the Hotel Phase
I component of the Project.
(g) Audit: Owner and City agree that there shall
be an audit performed of the hotel after its second full year of
operation to determine the actual number of FTEEs working in
Hotel Phase I. In the event the audit determines that Hotel
Phase I has a higher FTEE count than 269, the Owner shall provide
employee housing for sixty percent (60%) of the number in excess
if such 60% number added to 161.5 is greater than 198.5. Such
additional employee housing (if any is required) shall be deed
restricted based on the ratios of at least 56% low income and no
more than 44% moderate income units. The Owner shall seek and
obtain final approval of any plans for the pro- duction for any
such housing within twelve (12) months of the published results
of such audit and shall seek and obtain a Certificate of
Occupancy for any such housing within twenty-four (24) months of
the published results of such audit. For the purposes of this
requirement, the audit shall be performed and FTEEs shall be
defined according to the Housing Authority guidelines in effect
at the time of this approval, a copy of which is hereto annexed
as Exhibit G. The cost of the audit shall be paid for by the
Owner, but the choice of auditor shall be that of the Housing
Authority, so long as the auditor is an independent certified
public accountant licensed to and doing business in Pitkin
County, Colorado.
6. On-Site Parking - Hotel Phase I. Prior to the issuance
of a Certificate of Occupancy for Hotel Phase I, and as a
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condition precedent thereto, Owner shall have constructed a
minimum of two hundred twenty (220) subsurface parking spaces
within Lot 1 of the Aspen Mountain Subdivision, and shall have
provided ten (10) permanent service vehicle berths and/or guest
loading spaces under the hotel porte cochere or along the South
side of vacated Dean Street within Lot 1. In addition, Owner
shall have provided one hundred twenty-nine (129) temporary
parking spaces within Lot 5, such spaces to be sited approxi-
mately as follows:
(a) 55 spaces - surface lot on westerly portion of
Lot 5.
(b) 18 spaces - surface lot on easterly portion of
Lot 5.
(c) 28 spaces - Grand Aspen Hotel garage.
(d) 6 spaces - service vehicle berths and/or guest
loading.
(e) 13 spaces - parallel parking along North side
of vacated Dean Street.
(f) 9 spaces - angle parking along South side of
vacated Dean Street.
The above-described subsurface and surface parking spaces
(359 in all) represent the aggregate number of on-site parking
spaces which Owner is required to provide in connection with
Hotel Phase I of the Project and the Grand Aspen Hotel renova-
tion.
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C.
SUMMIT PLACE
BOllI<
574 PAGE818
1. Site Improvements - Summit Place. The Summit Place
component shall be comprised of 3 two-bedroom residential units
containing an aggregate of not more than 7,700 square feet of
floor area included in external FAR calculations as shown on the
First Amended Plat recorded in Book ___ at Page ___, et seq., of
the Records, each of the drawings and sheets pertaining to which
is incorporated by reference as though fully annexed as an
exhibit to this First Amended PUD Agreement. Prior to the
issuance of a Certificate of Occupancy for Summit Place, and as a
condition precedent thereto, Owner shall and hereby agrees to
accomplish the following section 20-16 improvements in the Summit
Place area:
(a) Owner shall construct a new sidewalk, curb and
gutter along the Westerly side of Mill Street as it abuts Lot 2,
Aspen Mountain Subdivision, and shall construct a new sidewalk
along the Northerly side of the "Summit Street Easement" within
lot 3, Aspen Mountain Subdivision, in accordance with the
Landscape Plan and pursuant to other normal City specifications.
In addition, Owner shall repair or replace any other existing (or
newly installed) sidewalks, curbs or gutters that may be damaged
during construction.
2. Landscaping Improvements - Summit Place. In accor-
dance with Section 24-8.16 of the Municipal Code, all required
landscaping for Summit Place shall substantially conform to the
Landscape Plan as amended (Sheet L.7) recorded (as a part of the
First Amended Plat) in Plat Book ___ at Page ___ of the Records.
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said Landscape Plan depicts and describes the nature, extent and
location of all plant materials at mature sizes in appropriate
relation to scale, species and size of existing plant material,
flower and shrub bed definition, a plant material schedule with
common and botanical names, sizes and quantities, proposed
treatment of all ground surfaces (~., paving, turf, gravel,
terracing, etc.), irrigation water systems, decorative water
features, retaining walls, fencing, benches, site lighting, and
all other agreed-upon landscape features. Such landscaping shall
be completed in a logical sequence commensurate with the staging
of improvements as contemplated in the Summit Place Construction
Schedule, but in no event later than one (1) year after the date
of issuance of the Certificate of Occupancy for Summit Place. It
is the mutual understanding of the parties that a Certificate of
Occupancy may in fact issue for Summit Place even though the
landscaping improvements related thereto have not yet been
completed, so long as the portion of the financial guaranty
provided for in Paragraph C(3) hereof which covers the estimated
cost of such unfinished landscaping remains available to the City
pursuant to the terms of said Paragraph C(3).
3. Financial Assurances - Summit Place. In order to
secure the construction of the site improvements described in
Paragraph C(l) above, and to guarantee one hundred percent (100%)
of the current estimated cost of such improvements, which
estimated cost is approved by the City Engineer to be $4,000.00
(as such amount may be updated from time to time as herein
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BOOK 574: PAGE 820
provided), and in order to secure the installation of the
landscaping improvements described in Paragraph C(2) above, and
to guarantee 125% of the estimated cost of such improvements,
which estimated cost plus 25% is approved by the City Engineer to
be $15,654.00 (as such amount may be updated from time to time as
herein provided), Owner shall, as a condition to the issuance of
a building permit, guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible
lender that funds in the amount of such estimated costs, plus an
additional 25% of the estimated cost of the landscaping improve-
ments, are held by it for the account of Owner for the construc-
tion and installation of the above-described improvements. All
financial assurances given by Owner to City shall be in a form
acceptable to the City Attorney and the City Manager and shall
give the City the unconditional right, upon default by the Owner,
to withdraw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party, with any
excess guaranty amount to be applied first to additional
administrative or legal costs associated with any such default
and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty
is released to Owner. As portions of the required improvements
are completed, the City Engineer shall inspect them, and upon
approval and written acceptance, he shall authorize the release
from the guaranty delivered by Owner of the agreed estimated cost
for that portion of the improvements except that (a) ten percent
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80n~
(10%) of the estimated cost of the site improvements shall be
retained until all proposed site improvements are completed and
approved by the City Engineer, and (b) that 25% of the estimated
costs of the landscaping improvements shall be retained for the
two-year period next following the installation of such improve-
ments to secure their maintenance in a satisfactory condition for
such period. Provided, that the retained ten percent (10%) which
relates to site improvements shall be released by City upon
completion and approval by the City Engineer of all such site
improvements and regardless of the stage of completion of
landscape improvements.
The Owner also shall deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other
suitable guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
At anytime and from time to time, Owner shall have the
right to substitute for the form of financial assurance there-
tofore given a different form of financial assurance, so long as
such substituting form meets the requirements for form and
content above set forth. Any such substitution shall be subject
to the prior approval of City Council, which shall promptly
consider the request to substitute and shall not unreasonably
withhold its approval.
Furthermore, Owner agrees to and does hereby warranty all
such site improvements except landscaping to accepted standards
of good workmanship for a period of one (1) year from and after
30
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acceptance thereof in writing by the city. In addition to this
warranty, the Owner shall, if they are available, obtain from its
contractors customary warranties of good workmanship with the
City as beneficiary, with respect to all improvements required by
Paragraphs C(l) and C(2).
It is the express understanding of the parties that the
procedure set forth in section M of this Agreement regarding
non-compliance shall not be required with respect to the
enforcement and implementation of the financial assurances set
forth herein and required by section 20-16(c) of the Municipal
Code.
4. Employee Housing - Summit Place. Owner has no employee
housing obligations in connection with the Summit Place component
of the Project.
5. On-Site parkina - Summit Place. Owner has no new on-
site parking obligations in connection with the Summit Place
component of the project. Owner shall, however, preserve or
reconstruct six (6) sub-surface parking spaces beneath Lot 2.
D. GALENA PLACE
1. Site Improvements - Galena Place. Galena Place shall
be comprised of 4 three-bedroom residential units containing an
aggregate of not more than 12,000 square feet of floor area
included in external FAR calculations as shown on the First
Amended Plat recorded in Book at Page ___, et seq., of the
records, each of the drawings and sheets pertaining to which is
incorporated by reference as though fully annexed as an exhibit
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574: PAGE823
8001<
to this First Amended PUD Agreement. Prior to the issuance of a
certificate of Occupancy for Galena Place, and as a condition
precedent thereto, Owner shall and hereby agrees to accomplish
the following Section 20-16 improvements in the Galena Place
area:
(a) Owner shall construct a new sidewalk, curb and
gutter along the easterly side of South Galena Street (as
realigned) as it abuts Lot 4, Aspen Mountain Subdivision, and a
new curb and gutter along the westerly side of South Galena
Street (as realigned) as it abuts Lot 5, Aspen Mountain Sub-
division, in accordance with the Landscape Plan as amended and
pursuant to other normal City specifications. In addition, Owner
shall repair or replace any other existing (or newly installed)
sidewalks, curbs or gutters that may be damaged during construc-
tion.
(b) In the event it has not already done so, Owner
shall relocate underground the aboveground utility line which
presently exists along the Easterly boundary of Lot 4, Aspen
Mountain SUbdivision, in accordance with the utility Plan as
amended and pursuant to other normal City specifications.
2. Landscapinq Improvements - Galena Place. In accordance
with Section 24-8.16 of the Municipal Code, all required
landscaping for Galena Place shall substantially conform to the
Landscape Plan. Said Landscape Plan depicts and describes the
nature, extent and location of all plant materials at mature
sizes in appropriate relation to scale, species and size of
existing plant material, flower and shrub bed definition, a plant
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BOOK 574: PAGE824
material schedule with common and botanical names, sizes and
quantities, proposed treatment of all ground surfaces (~.,
paving, turf, gravel, terracing, etc.), irrigation water systems,
decorative water features, retaining walls, fencing, benches,
site lighting, and all other agreed-upon landscape features.
Such landscaping shall be completed in a logical sequence
commensurate with the staging of improvements as contemplated in
the Galena Place Construction Schedule, but in no event later
than one (1) year after the date of issuance of the Certificate
of Occupancy for Galena Place. It is the mutual understanding
of the parties that a Certificate of Occupancy may in fact issue
for Galena Place even though the landscaping improvements related
thereto have not yet been completed, so long as the portion of
the financial guaranty provided for in Paragraph 0(3) hereof
which covers the estimated cost of such unfinished landscaping
remains available to the City pursuant to the terms of said
Paragraph D(3).
3. Financial Assurances - Galena Place. In order to
secure the construction of the site improvements described in
Paragraph 0(1) above, and to guarantee one hundred percent (100%)
of the current estimated cost of such improvements, which
estimated cost is approved by the City Engineer to be $27,500.00
(as such amount may be updated from time to time as herein
provided), and in order to secure the installation of the
landscaping improvements described in Paragraph D(2) above, and
to guaranty 125% of the estimated cost of such improvrneents,
which estimated cost plus 25% is approved by the City Engineer to
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BOOr 574 PAGE825
be $62,500.00 (as such amount may be updated from time to time as
herein provided), Owner shall, as a condition to the issuance of
a building permit, guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible
lender that funds in the amount of such estimated costs, plus an
additional 25% of the estimated cost of the landscaping improve-
ments, are held by it for the account of Owner for the construc-
tion and installation of the above-described improvements. All
financial assurances given by Owner to City shall be in a form
acceptable to the City Attorney and the City Manager and shall
give the City the unconditional right, upon default by the Owner,
to withdraw funds as necessary and upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party, with any
excess guaranty amount to be applied first to additional
administrative or legal costs associated with any such default
and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty
is released to Owner. As portions of the required improvements
are completed, the City Engineer shall inspect them, and upon
approval and written acceptance, he shall authorize the release
from the guaranty delivered by Owner of the agreed estimated cost
for that portion of the improvements except that (a) ten percent
(10%) of the estimated cost of the site improvements shall be
retained until all proposed site improvements are completed and
approved by the City Engineer, and (b) that 25% of the estimated
costs of the landscaping improvements shall be retained for the
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574 MGE826
two-year period next following the installation of such improve-
ments to secure their maintenance in a satisfactory condition for
such period. Provided, that the retained ten percent (10%) which
relates to site improvements shall be released by city upon
completion and approval by the City Engineer of all such site
improvements and regardless of the stage of completion of
landscape improvements.
The Owner also agrees to deliver to the city, upon demand
therefor by the City Engineer, a maintenance bond or other
suitable guarantee for the repair or replacement of any existing
municipal improvements damaged during construction of new
improvements.
At anytime and from time to time, Owner shall have the
right to substitute for the form of financial assurance there-
tofore given a different form of financial assurance, so long as
such substituting form meets the requirements for form and
content above set forth. Any such substitution shall be subject
to the prior approval of City Council, which shall promptly
consider the request to substitute and shall not unreasonably
withhold its approval.
Furthermore, Owner agrees to and does hereby warranty all
such site improvements except landscaping to accepted standards
of good workmanship for a period of one (1) year from and after
acceptance thereof in writing by the City. In addition to this
warranty, the Owner shall, if they are available, obtain from its
contractors customary warranties of good workmanship with the
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8001< 574: PAGE827
City as beneficiary, with respect to all improvements required by
Paragraphs D(l) and D(2).
It is the express understanding of the parties that the
procedure set forth in Section M of this Agreement regarding
non-compliance shall not be required with respect to the
enforcement and implementation of the financial assurances set
forth herein and required by Section 20-16(c) of the Municipal
Code.
4. Employee Housing - Galena Place. As an inducement to
the City to approve the amendments to the Aspen Mountain
P.U.D./Subdivision contemplated herein, Owner has agreed to and
does hereby acknowledge its obligation to provide off-site
employee housing for employees in connection with the Galena
Place component of the project. Accordingly, Owner agrees that
prior to the recording of this Agreement in the Records, it shall
already have deed-restricted units for employee housing as
follows:
(a) Hunter Lonohouse: For and in consideration of
(i) the making by Owner of a $250,000 subordinated equity
capital investment in the Hunter Longhouse project, which funds
have already been delivered and receipted for, and (ii) the
recording in Book 500 at page 646 of the Records of a "Dedication
of Real Property to Employee Housing Restrictions and Guidelines"
covering the Hunter Longhouse project executed by Owner, the
City, the Board of Pitkin County Commissioners, and Aspen-Pitkin
Employee Housing, Inc., Owner has been credited with housing a
total of 69 employees. Owner's employee housing obligation for
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p,nm< 574 PAGE828
Galena Place is 8.7 employees. Accordingly, upon the City's
issuance to the Owner of a valid and effective Certificate of
Occupancy for Galena Place, 8.7 of said 69 employee housing
credits shall be deemed automatically allocated to and consumed
by the Galena Place component of the Project.
5. On-Site Parking - Galena Place. Prior to the issuance
of a Certificate of Occupancy for Galena Place, and as a
condition precedent thereto, Owner shall have constructed sixteen
(16) subsurface parking spaces within Log 4 of the Aspen Mountain
Subdivision. These subsurface parking spaces represent the total
number of on-site parking spaces which Owner is required to
provide in connection with the Galena Place component of the
Project.
E. LOT 5 (HOTEL PHASE II)
The Lot 5 component shall be comprised of not more than 50
hotel rooms (with the aggregate number of hotel rooms on Lots 1
and 5 not to exceed 342), and no more than 47 residential units
between Lots 3 and 5, the exact number of such units to be es-
tablished in the amended review process for Lot 5. The total
floor area in this component shall not exceed 115,000 square feet
included in external F.A.R. calculations (with the maximum
aggregate floor area (countable for F.A.R. purposes) on Lots 1
and 5 to ge 305,000 square feet). Site specific building im-
provements and uses for the Lot 5 component of the PUD are still
in the process of being proposed by Owner and reviewed by city.
However, in all events, building improvements and uses for
37
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the Lot 5 component shall not exceed the limitations herein set
forth.
1. site Improvements - Lot 5. Prior to the issuance of a
Certificate of Occupancy for Lot 5 improvements, and as a
condition precedent thereto, Owner shall and hereby agrees to
accomplish the following Section 20-16 improvements in the Lot 5
area:
(a) If it has not already done so during the Hotel
Phase I development, Owner shall relocate underground all
electrical, telephone and cable television lines which presently
exist above ground along vacated Dean Street between South Galena
and Mill Streets, in accordance with the utility Plan and
pursuant to other normal City specifications.
(b) Owner shall construct a new curb and gutter
along the entire Lot 5 boundary on Mill Street (and a new
sidewalk along a portion thereof), a new sidewalk (and a curb and
gutter if required) along the entire Lot 5 boundary on Dean
Street, and a new sidewalk along the entire Lot 5 boundary on
South Galena Street, in accordance with the Landscape Plan and
pursuant to other normal City specifications. In addition, Owner
shall repair or replace any other existing (or newly installed)
sidewalks, curbs or gutters that may be damaged during construc-
tion.
(c) Owner shall construct such other improvements
as may be agreed to between Owner and City during the amended
approval process for Lot 5.
2. Landscaping Improvements - Lot 5 - Premature.
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BOOK
574 PAGE830
3. Financial Assurances - Lot 5 - Premature.
4. Employee Housing - Lot 5. As an inducement to the
city to approve the amendments to the Aspen Mountain P.U.D./Sub-
division contemplated herein, Owner has agreed to and does hereby
acknowledge its potential obligation to provide off-site employee
housing for net new employees and other employee housing
requirements as may be determined during the amended approval
process for the Lot 5 component of the Project.
5. On-Site Parking - Lot 5. The on-site parking require-
ments shall be determined for Lot 5 during the amended approval
process.
F. TOP OF MILL
(Premature - to be established by amendment to this Agree-
ment. )
G. LOT 6 - (PROPOSED ICE RINK AND PARK)
The Lot 6 component of the PUD is the parcel that is to be
created from the replatting or subdivision of Lot 5, which has
yet to be completed. Lot 6 is shown on the First Amended Plat as
being "proposed" only. However, as a condition to the acceptance
by the City of the First Amended Plat for recordation, the
execution by the City of this First Amended PUD Agreement, and
the uninterrupted construction of Hotel Phase I, Owner shall
apply for and diligently pursue all necessary approvals from the
City for the Ice Rink and associated facilities, including but
not limited to GMQS exemption or allocation, conditional use
39
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approval for a restaurant, and PUD approval to establish
dimensional and parking requirements. Following this process
Owner shall cause to be prepared for review and acceptance by the
City an amendment hereto and to the First Amended Plat incor-
porating the development activity for Lot 6 more particularly
hereinbelow described.
Pursuant to the above conditions, Owner shall construct
and operate on Lot 6 an ice skating rink and park to be a
permanent community activity center, according to representations
made during the approval for Hotel Phase I. To this end, Owner
intends that Lot 6 shall be rezoned by the City of Aspen from the
current CL and LT/R zoning classifications to P (Park). Owner
shall apply for the rezoning within 90 days after receipt of a
full building permit for Hotel Phase I, but in no event later
than April 1, 1989. In the event Owner has not applied for the
rezoning by this date, the City is authorized to initiate the
rezoning on the Owner's behalf and Owner shall not object and
hereby agrees to pay all administrative costs of said rezoning.
Owner further agrees to execute a deed restriction in a
form acceptable to the City Attorney limiting the use of Lot 6
for a community activity center and public ice skating rink, with
accessory uses as determined through the approval process.
1. Site Irn~rovernents - Lot 6 - Prior to the issuance of
a Certificate of Occupancy for Lot 6, and as a condition
precedent thereto, owner shall and hereby agrees to accomplish
the following Section 20-16 improvements on Lot 6.
40
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574 MGE832
p;onK
(a) If it has not already done so during the Hotel
Phase I development, Owner shall relocate underground all
electrical, telephone and cable television lines which presently
exist above ground along vacated Dean street between South Galena
and Mill Streets, in accordance with the utility Plan and
pursuant to other normal City specifications.
(b) Owner shall construct a new curb and gutter
along the entire Lot 6 boundary on Dean Street (and a new
sidewalk along a portion thereof), a new sidewalk (and a curb and
gutter if required) along the proposed Lot 6 boundary on Galena
Street, and a new sidewalk along the entire Lot 5 boundary on
Durant and Mill Streets, in accordance with the Landscape Plan
and pursuant to other normal City specifications. In addition,
Owner shall repair or replace any other existing (or newly
installed) sidewalks, curbs or gutters that may be damaged during
construction.
(c) Owner shall construct such other improvements
as may be agreed to between Owner and City during the amended
approval process for Lot 6.
2. Landscaping Improvements - Lot 6 - Premature.
3. Financial Assurances - Lot 6 - Premature.
4. Employee Housing - Lot 6. Because the proposal for Lot
6 is currently in the amendment approval process the final
requirement for employee housing has not yet been determined.
5. On-Site Parking - Lot 6. Because the proposal for Lot
6 is currently in the amendment approval process the final
requirement for on-site parking has not yet been determined.
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800K 574: PAGE833
H. ADDITIONAL OWNER REPRESENTATIONS
Owner hereby further expressly warrants and represents to
the City as follows:
1. Owner has renovated the existing Grand Aspen Hotel
and the lands surrounding the same substantially in accordance
with the "Continental Inn Renovation Program" attached hereto as
Schedule 1.
2. For a period of up to three years following the
issuance of a Certificate of Occupancy for Hotel Phase I, a
maximum of 447 hotel units may be in operation as short-term
accommodations within the P.U.D. at any time. In this regard,
owner shall reduce the number of operational hotel units in the
existing Grand Aspen Hotel to a maximum of 155, such reduction to
be accomplished by deed restriction for (4) existing hotel units
in the Grand Aspen Hotel for employee housing as described in
Section B(4) above, such deed restriction shall be effective no
later than (and as a condition precedent to) the issuance to
owner of a building permit covering Hotel Phase I.
3. The Owner shall obtain a demolition permit and complete
the demolition of the Grand Aspen Hotel within three years of the
date of issuance of a Certificate of Occupancy for the Phase I
Hotel. Re-development of this site shall proceed in general
accord with the plans presented for Lot 5, which have not been
finalized as of the time of this Agreement. If final approval of
re-development has not been granted by the deadline for demoli-
tion of the Grand Aspen, the Owner shall be permitted to request
an extension of the deadline from the City Council. If the date
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BOOK 5'74: PAGE834
for demolition shall occur during the traditional winter season,
demolition need not begin until the day after the ski lifts shall
close during that season. In the event demolition has not begun
within 30 days of the end of the ski season, City may begin
demolition of the Grand Aspen Hotel. Cost of the demolition
shall be the responsibility of Owner, and the obligation of Owner
to repay City any funds that it expends in connection with the
demolition shall be and by these presents hereby is secured by a
lien upon Lot 5 for the benefit of City, which lien shall be a
first and prior lien superior to all but the lien of general
taxes.
4. with respect to the various streets or portions
thereof within the project which were vacated by the city
Council by Ordinance No. 14 (Series of 1985), Owner shall at all
times hereafter honor and abide by the utility easement and
emergency access rights reserved to the City in Sections 6 and 7,
respectively, of said Ordinance.
5. All "Fire Prevention Measures" described on Schedule 2
attached hereto and made a part hereof by this reference shall be
installed and/or incorporated in Hotel Phase I and II or in
Galena Place as indicated.
6. All "Water and Energy Conservation Measures" described
on Schedule 3 attached hereto and made a part thereof by this
reference shall be installed and/or incorporated in Hotel Phases
I and II or in Galena Place as indicated.
7. In order to minimize automobile travel and parking
demand, all of the "Automobile Disincentives" described on
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Schedule 4 attached hereto and made a part hereof by this refer-
ence shall be provided in connection with the project as a whole.
When the audit as outlined in 4(g) above is conducted, there
shall take place a study to confirm the existence and use of the
"Automobile Disincentives" described on Schedule 4 attached
hereto.
8. Owner has previously contributed to City $25,000.00
toward the actual cost of the Rubey Park Transit Center.
9. Owner shall design and construct, at its sole expense
on any site selected and obtained by Aspen Ski Club and for which
appropriate approvals have been obtained, a new building (or a
renovation and/or expansion of an existing building, at the Ski
Club's option) containing a maximum of 1500 square feet of
finished space and 500 square feet of unfinished space, such
finished space to be of at least better quality and functionally
than the clubhouse space which the Ski Club currently occupies,
in exchange for the termination by the Ski Club of its existing
leasehold agreement with the City covering lots 14 and 15 of the
Capitol Hill Addition. In the alternative, should the Ski Club
elect to participate with the City and/or other community
organizations in the joint venture development and occupancy of a
larger facility, Owner shall contribute to the Ski Club cash or
certified funds (on an as needed basis) in an amount equal to
the dollar value of the design and construction commitment first
set forth above.
10. The Owner shall fund the sum of $250,000.00 toward the
following: a Comprehensive Aspen Mountain Drainage Plan, the
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574 PAGE836
implementation of the Plan's recommendations and the provision of
drainage easements. This commitment is in substitution for the
prior commitment in the Initial PUD Agreement to provide on-site
retention facilities on Lot 3 (The Top of Mill), and is compar-
able in expense. Owner's obligation in this respect shall be in
the form of an interest-bearing escrow to be created with the
City on or before April 1, 1989, pursuant to escrow instructions,
a specimen of which is hereto annexed as Exhibit H, enabling the
City, through the City Engineer, to draw upon the funds from time
to time and at anytime in order to defray the costs of engineer-
ing studies, infra-structure improvements, acquisition of rights-
Of-way or other matters determined by the city in the exercise of
its good faith discretion to better promote and implement a
comprehensive unified drainage plan and system for Aspen
Mountain. The City shall give to Owner ten (10) days advance
notice of its intention to draw upon the escrow, specifying the
nature of the expenditure to be paid whereupon the Owner shall
have ten (10) days thereafter within which to object in writing
thereto as being an expenditure not reasonably related to the
promotion and implementation of a comprehensive unified drainage
plan and system for Aspen Mountain. In the event the escrow
agent receives any such objection, it shall not honor the draw
request of the City Engineer but instead shall refer the matter
to the Aspen City Council for hearing, which shall be conducted
by City Council as soon thereafter as is practical employing the
procedures and standards of proof more particularly described in
Section M below. If the City Council sustains the objection of
45
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8001{ 574 p:iGE837
the Owner, the escrow agent shall not honor the draw request of
the City Engineer, or so much thereof as was objected to, and,
otherwise, it shall honor the request.
11. Management of the hotel to be constructed on Lot 1
shall be entrusted to an entity with the experience and qualifi-
cations necessary to operate a luxury resort hotel of the highest
possible standards, while preserving a sensitivity to the nature
and quality of these hotel facilities, to the immediate hotel
neighborhood, and to the Aspen Community in general. Management
shall be particularly qualified to seek and promote transient,
vacation, group meeting, and conference business.
12. Each development component of the Project shall be
constructed substantially in accordance with the architectural
drawings therefor which have been recorded as part of the First
Amended Plat documents, as such drawings may hereafter be
modified with the consent of the City.
13. Prior to the issuance of a Certificate of Occupancy
for Hotel Phase I, and as a condition precedent thereto, Owner
shall deliver to the City Manager a document suitable for
recordation which designates and sets aside thirty (30) of the
Hotel Phase I parking spaces for purposes of long-term automobile
storage by employees of the project housed off-site.
14. As a condition precedent to the issuance of a
Certificate of Occupancy for Hotel Phase I, and pursuant to the
PUD Agreement, Owner has substantially remedied the "life safety"
deficiencies in the Copper Horse Lodge and the Alpina Haus Lodge
identified by Tom Voorhees and John Ostwald in their memoranda to
46
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5~ p~GE838
Jim Wilson of March 20 and March 21, 1985, respectively, copies
of which memoranda are attached as Schedule 5 and 6, respec-
tively, to this First Amended PUD Agreement. For its part the
City has issued a written acknowledgement of such fact, attached
hereto as Schedule 7.
15. The following limits shall be placed on the construc-
tion schedule in addition to those proposed by the Owner or
required by the City Engineer:
a. A "tennis" fence material shall be used to screen
all staging areas on the site.
b. All construction (except painting or similar "quiet"
activities) shall be prohibited on the site between
the hours of 10:00 p.m. and 7:00 a.m.
c. Owner shall demonstrate to the City Engineering
Department that permission has been obtained from
adjacent owners for the booms on the tower cranes
to swing over their properties.
d. The Owner shall provide the City Engineer with an
updated construction schedule prior to obtaining any
additional building permits for the Project.
16. The Owner shall commit to meeting the Health Depart-
ment requirements identified by Tom Dunlop in his memo regarding
the Project dated February 18, 1988 and attached hereto as
Exhibit I.
17. The accessory retail uses permitted within the Hotel
Phase I shall be limited to the following and similar uses:
sundry shop; car rental desk; travel desk; ski rental and repair
47
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574: Pt,GE 839
BOOK
store; ski and sports activity center; hotel operator souvenir
store; beauty shop; florist shop; and gift shop. The four
accessory retail spaces depicted in the building on Durant street
shall not be combined to create larger retail spaces.
18. In order to maintain the employee generation repre-
sented by Owner, there shall be no more than 204 dining seats and
4,500 sq. ft. of net (defined as 80% of gross) dining area,
exclusive of lounge area and exclusive of seasonal outdoor
dining, within the Hotel Phase I.
19. The Owner's commitment in the Initial PUD Agreement to
participation in the Lodge Improvement District is hereby revised
to a commitment to provide improvements on all project frontages
which correspond to those planned for the South Galena/South Mill
Improvement District. The Owner commits to construct those
improvements adjacent to the hotel which were originally intended
for construction by the district contractor, using funds which
will be transferred from the district to the Owner. These
improvements and the approximate scheduling for their installa-
tion are more particularly described in Schedule 8, attached
hereto and made a part hereof by reference, and Owner agrees to
complete such improvements to the reasonable satisfaction of the
City Engineer within the approximate time schedules indicated
therein.
I. PERIODIC PROJECT REVIEWS
Owner agrees that every six (6) months following the date
of final City apprbval of this Project until the construction of
48
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o,nn'l
all components thereof is complete, it shall meet with the City
Planning Office for the purpose of informing the Planning Office
as to its progress in developing the project pursuant to the
terms and provisions of the Agreement. If the Planning Office
deems it necessary, the Planning Office will report to the Aspen
Planning and Zoning commission on the outcome of one or more of
these meetings. The Owner and the City recognizes that these
meetings are not opportunities for the Owner to avoid complying
with the requirements of the Agreement but are for purposes of
providing progress reports and developing mutually acceptable
solutions to any problems that may be encountered during the
construction period.
J. PERMANENT CARE AND MAINTENANCE OF LANDSCAPING
Owner agrees that it shall be the perpetual responsibility
of the Owner or Owners from time to time of the lands within Lots
1, 2, 3, 4, 5 or 6, respectively, of the Aspen Mountain Subdivi-
sion to maintain, care for, and replace when necessary, all
trees, shrubs, plants, and other landscaping features which may
be planted or otherwise incorporated in each of said Lots pur-
suant to the Landscaping Plan.
K. USE AND MAINTENANCE OF OPEN SPACE AND\
OTHER COMMON FACILITIES
Owner shall occupy the Project Open space for such uses as
may from time to time be deemed appropriate by Owner, provided
that such occupancy and uses shall at all times be in compliance
49
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BOOK 574: PAGE841
with the then applicable provisions of the Aspen Municipal Code.
Pursuant to the provisions of Code 24-8.19 (as applicable), the
Owner agrees that it shall be the perpetual responsibility of the
Owner or Owners from time to time of the lands within Lots 1, 2,
3, 4, 5, or 6, respectively, of the Aspen Mountain Subdivision to
maintain in a clean and attractive condition and in a good state
of repair all Open Space located within each of said Lots.
L. RECONSTRUCTION OF DEMOLISHED UNITS
It is mutually acknowledged and verified between City and
Owner that pursuant to Municipal Code Section 24-11.2(a), Owner
has the right, following their demolition, to reconstruct within
the Aspen Mountain PUD a total of 275 hotel units and a total of
42 residential units. The original location (source) of these
reconstruction units is identified on Schedule 9 attached
hereto and made a part hereof by this reference. Furthermore,
the City hereby agrees and confirms that for the 18 previously
demolished residential units as identified on Schedule 9 attached
hereto, the Owner shall have a two-year period for reconstruction
commencing on the date of Obtaining a demolition permit for
demolition of the Grand Aspen Hotel on Lot 5.
M. NON-COMPLIANCE AND REOUEST FOR AMENDMENTS OR
EXTENSIONS BY OWNER
In the event that the City Coupcil determines that the
Owner is not acting in substantial compliance with the terms of
this Agreement and/or one or more of the Construction Schedules
50
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800K (74: PAGE842
submitted to the City Engineering Department in accordance
herewith, the City Council may issue and serve upon the Owner a
written order specifying the alleged non-compliance and requiring
the Owner to remedy the same within such reasonable time as the
City Council may determine. within twenty (20) days of the
receipt of such order, the Owner may file with the City Council
either a notice advising the City Council that it is in compli
ance or a written petition requesting a hearing to determine any
one or both of the following matters:
(a) Whether the alleged non-compliance exists or did
exist, or
(b) Whether a variance, extension of time or amendment to
this Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing
shall be convened and conducted pursuant to the procedures
normally established by the City Council for other hearings. If
the City Council determines by a preponderance of the evidence
that a non-compliance exists which has not been remedied, it may
issue such orders as may be appropriate; provided, however, no
order terminating any approval granted herein shall be issued
without a finding of the City Council that substantial evidence
warrants such action and affording the Owner a reasonable time to
remedy such non-compliance. A final determination of non-
compliance which has not been remedied or for which no variance
51
(
8001{ 574 PAGE843
has been granted may, at the option of the City Council, and upon
(
written notice to the Owner, terminate any of the approvals
contained herein which are reasonably related to the require-
mentes) with which Owner has failed to comply. Alternatively,
the City Council may grant such variances, extensions of time or
amendments to this Agreement as it may deem appropriate under the
circumstances.
In addition to the foregoing, the Owner or its successors
or assigns may, on its own initiative, petition the City Council
for a variance, an amendment to this Agreement, or an extension
of one or more of the time periods required for performance under
the Construction Schedules or otherwise. The City Council may
grant such variances, amendments to this Agreement, or extensions
of time as it may deem appropriate under the circumstances. The
parties expressly acknowledge and agree that the City Council
shall not unreasonably refuse to extend the time periods for
performance indicated in one or more of the Construction
Schedules if Owner demonstrates by a preponderance of the
evidence that the reasons for the delay(s) which necessitate such
extension(s) are beyond the control of the Owner, despite good
faith efforts on its part to perform in a timely manner.
N. PARK DEDICATION FEE
In accordance with the provisions of Section 20-18 of the
Municipal Code, the City Council has elected to receive from
Owner cash permits (in lieu of land dedications) in satisfaction
of Owner's park dedication fee requirements arising from the
52
.'
..
.
(
f1rot ~1f'fAEeeK4
Aspen Mountain SUbdivision. The City and Owner have calculated
the following park dedication fees for the various Project
components, each of which amounts shall be paid by Owner to City
in the form of cash or certified funds at the time that Owner
applies for a Building Permit for the related component:
Development Component
Park Dedication Fee
Lot 1 - Hotel Phase I
$
- 0 -
Lot 2 - Summit Place
6,195.72
Lot 4 - Galena Place
9,770.17
Lot 5 - Hotel Phase II
(Premature - to be
established by
amendment to this
Agreement)
Lot 3 - Top of Mill
(Premature - to be
established by
amendment to this
Agreement)
Lot 6 - Ice Rink & Park
- 0 -
O. GENERAL PROVISIONS
1. Notice. Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered or if
deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or at such
other addresses as may be substituted upon written notice by the
parties or their successors or assigns:
City of Aspen:
City Manager
130 South Galena street
Aspen, Colorado 81611;
Owner:
Savanah Ltd. Partnership
1300 17th Street suite llOO
Rosslyn, VA 22209;
53
,#
.
(
BOOK r14 PAGE845
with a copy to:
Robert W. Hughes, Esq.
Oates Hughes and Knezevich
533 E. Hopkins Avenue
Aspen, Colorado 81611; and
Perry A. Harvey
Hadid Aspen Holdings, inc.
600 E. Cooper, suite 200
Aspen, Colorado 81611
2. Binding Clause. The provisions hereof shall run with
and constitute a burden upon the title to the subject property,
and shall be binding upon and shall inure to the benefit of the
Owner and the City and their respective heirs, personal represen-
tatives, successors and assigns.
3. Apolicable Law. This Agreement shall be subject to
and construed in accordance with the laws of the state of
Colorado and the Municipal Code of the city of Aspen. However,
inasmuch as review of the planned unit development amendment
contemplated herein was initiated prior to May 25, 1988, the
effective date of substantial revisions to Chapter 24 of the
Municipal Code, all reference herein to the Municipal Code or to
particular sections thereof shall be deemed to refer to the Code
or, as the case may be, to sections thereof in effect on May 24,
1988, except to the extent that subsequent changes to the
Municipal Code or to sections thereof have herein been made
expressly applicable to the First Amended PUD or to the perform-
ance of Owner's obligations hereunder.
4. Severability. If any of the provisions of this
Agreement or any paragraph, sentence, clause, phrase, word or
section or the application thereof in any circumstances is
54
.'
r
t
(
( BOOM 574 PAGE 846
invalidated, such invalidity shall not affect the validity of
the remainder of the Agreement and the validity of any such
provision, paragraph, sentence, clause, phrase, word or section
under any other circumstances shall not be affected thereby.
5. Incorporation of Recitals and Written Submittals. The
city and Owner hereby stipulate and agree that the "recitals"
preceding this Agreement, and all of the written submittals (as
amended and presently effective) made by Owner to city throughout
the course of the Aspen Mountain PUD/Subdivision approval
process, shall be deemed to be part of this Agreement and to be
incorporated herein by this reference.
6. Entire Agreement: Amendment. This Agreement contains
the entire understanding and agreement between the parties herein
with respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written instru-
ment executed by each of the parties hereto.
7. Survival. Each of the obligations, commitments and
representations made herein by the Owner and the City, including
as to the processing and completion of further review for the
components of the Project that have yet to receive final
approval, and the parameters of development activity contemplated
herein for such Project components, shall survive the execution
hereof and the enactment of subsequent legislation initiated by
the city in any manner inconsistent with such Obligations,
commitments, and representations.
8. Acceptance of Plat: Ratification by Owner. Upon
execution of this Agreement by all parties hereto, the City
55
, ,
(
( BOOK 574 PAGE847
#
shall approve and execute the First Amended Plat, and to accept
the same for recordation in the Recording Office of Pitkin
County, Colorado, upon payment of the recordation fee and costs
to the City by Owner. For its part, Owner hereby ratifies and
confirms each and every representation and public dedication made
and set forth by Owner on said Plat.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
CITY:
THE CITY OF
a
ATTEST:
vv.....-~ \
STATE OF COLORADO )
) ss:
COUNTY OF PITKIN )
~ The foregQing instr~ent was acknowledged before me this
,~'^ day of 0c7FJ:J:L- , 198~, by William Stirling as Mayor and
Kathryn 3. ICoeh as City Clerk of the City of Aspen, State of
Colorado .m-:::)r,k(.~ S....:s f1-~ 1~'k2..7=r-v:D
Vb-.-?J7. C" r-7' Cc.t:T~h-
Witness my hand and official seal.
My commission expires: rj "J. 7/1'~/......
,
..
"
56
-"'IlJ"I'"
(
(
BOOK 574 PAG~ 848
OWNER:
SAVANAH LIMITED PARTNERSHIP, a
District of Columbia Limited
Partnership
By 1001, Inc., a District of
Columbia corpor~tion \
BY/;/J~___
.. -.'-- ".........."
~ ~\" 'I"
~.....\ :\ (, ') .:! J ... '.',..,
~ -~.'I. ':) ........ ~', I,
.t ,::r .....,v .. " '".. I
f'l t> .... -... ~ ,,~~
, .. Q: ...--:1 a r .'. Jt> -.-
~ . I'\~\. 1;..'" ~
:: . -~ ...} -
; : ~ - ~
os . ,.-
\ \,{lrVl'lJ\.':
~.. ,.. "-',
'1, .$',,_.... .." ...'.
" ""A, . .. . . , l .' "l ", .
"",.., 0 (J ~ \, (;.'
'1"..... '!."......., t ."
STATE OF COLORADO
)
) SS:
)
COUNTY OF PITKIN
20
The
day
ins~rument was acknowledged before ~~ this
~J , 198~ by~p\--('-u;~(~Q\~
witness my hand and official seal.
My commission expires:
57
;.ir-,.r F ':. r,1 It ,wl
I , r
('i :h.
'I --:
".",1 .',] .,(, '-_"1-'
.t: i . ;_:: :-: 1 ~_ . d :'
80n~ 574: PAGE849
CO~SENTS OF MORTGAGEES
FIRST INTERSTA']'E BANK OF DENVER, N.I\., the beneficiary
of (l deed of t.rust recorded in Book 566 at pages~, ~_~s.<.::.<1.' of
the pitkin County, Colorado real property records encumbering Lot
') of the Aspen MQunt:ain Suboivtslon and Planned Unit De\.elopment,
!IPI:C.hy con~-,ent.s to the wi tl1in and foregoing First Amended and
P(~stah'd P] anned Un i t Devclopmnnt/Subdivislon Agrcel1l(~nt. - Aspen
t1(~\.ll1tain Suhnivision, /)n__1 to the provisions of Paragraph 3 of
~~(.?cti(:'n H thereof conferring upon the City of Aspen a (inchoate)
fir,;l )j"rl up"'m Lot 5 upon the conditions more particularly
l)-"_'l:,.jll ~;(:t. forth.
t-
,i,
}:1 gST .l NTl':PSTATE l\l,NK 01"
llENVEl-<, N.A.
~~ W
' . .
By _____h '___ ___ ,/---....-
19~si.s7ftNr VrCE 'If~s,..[)e..(/r
STATE llF ell LORI\DO
3~; .
COUNTY (IF
..
, _ ~ I The fornqoin(
- thi~ ~ day of
~ ..........~ -r.;...- ...J-.' Jb.
.,..\' uS A,A"'JJ-r-~_. .
... '(\\ ..1".
........ ""'-" ......~.~',".J~
..... ~'\,J .... ,..',
i ~ ..-. .~
~~ { ~O:i1~KL ~ ,:
:.~.. PUB\..\~.~~:.I
'V... ~~ ~"l~
Jo:~""'", ....:. c.~-.,
-..: 0 F C J, .....,.'.
nstrument was a~}u.\o,'1l, l.e~.L; me
~ 1988, by ~
F I R$'l' INTERs'rATE BANR OF DF.N\iE-R-~ N .r--'
W 1 'fr~ !--:SS . my . h.;wo a l!d 0 f fj rJ 7c 1 seal.
"\' CO.","6610n "Y.p>rCs: .~~_ :~
""to ~
MAH'] AC J NVESTHENTS, INC., <'t De lawarc corpora t_ion, the
!)0nf~fi('idry of a dep.d of trust rccon1ed in Book 549 at. Pages 371,
~:.!.: .~~q., of the Pitkin County, Colorado real property records
"ncl1lT1berir.g, intp.r alia, Lots 1, 2, 3, 4, 5 (and proposed IJot 6)
of the l\spen'MountaTnSubdivision, hereby consent.s to the terms
of the wi thi n and foregoing First Amended and Restated Planned
Unit Development/Subdivision Agreement - Aspen Mountain Subdivi-
siun.
MARJAC INVESTMENTS, INC., a
Delaware corporation
/J L/ P ) -- .
BY~~_L__(:""L-:-."J~_ --,__~'.0 L( ("A
(l'.cknowll.:'d<Jment- on P,"l.CJP :? followinyl
j/ I--~
.... ,-
. I r:'
:, \ 1
r- ~' T
~ ,..: . ..1 1
.-: 1-. -:
.:, .-:. 1-:--.
1 1 " 1
c.
,-. -~.
(
(
8001< 574 PAGE850
CONSENTS OF MORTGAGEES
FIRST INTERSTATE BANK OF DENVER, N.A., the beneficiary
of a deed of trust recorded in Book ___ at Pages ___, et ~., of
the Pitkin County, Colorado real property records encumbering Lot
5 of the Aspen Mountain Subdivision and Planned Unit Development,
hereby consents to the within and foregoing First Amended and
Restated Planned Unit Development/Subdivision Agreement - Aspen
Mountain Subdivision, and to the provisions of Paragraph 3 of
Section M thereof conferring upon the City of Aspen a (inchoate)
first lien upon Lot 5 upon the conditions more particularly
therein set forth.
FIRST INTERSTATE BANK OF
DENVER, N.A.
By
STATE OF COLORADO
ss.
COUNTY OF
this
as
The foregoing instrument was acknowledged before me
day of , 1988, by
of FIRST INTERSTATE BANK OF DENVER, N.A.
WITNESS my hand and official seal.
My commission expires:
( SEAL)
Notary Public
MARJAC INVESTMENTS, INC., a Delaware corporation, the
beneficiary of a deed of trust recorded in Book 549 at Pages 371,
et ~., of the Pitkin County, Colorado real property records
encumbering, inter alia, Lots 1, 2, 3, 4, 5 (and proposed Lot 6)
of the Aspen Mountain Subdivision, hereby consents to the terms
of the within and foregoing First Amended and Restated Planned
Unit Development/Subdivision Agreement - Aspen Mountain Subdivi-
sion.
MARJAC INVESTMENTS, INC., a
Delaware corporation
Bya .f( ~
L~ [U~-..( -!/: P
(Acknowledgment on Page 2 following)
1
\.
t
800~ 574 PAGE 851
STATE OF VIRGINIA
COUNTY OF FAIRFAX
ss.
The foregoing instrument was acknowledged before me
this 19th day of SEPTEMBER , 1988, by DR. M. YAQUB MIRZA
as EXECUTIVE VICE PRESIDENIf MARJAC INVESTMENTS, INC., a Delaware
~RJt"ltl~1i.ation.
,\" 'I"
. ~~\ . ..... .. I"
.~.. \t.-s. .....,., '" .
~.. ~~.-.'~-r'.~"~4{ \. WI, TNESS my hand and official seal.
~ ~ .- ~,' i ~ ...0(>. ':0 .
rj~l~ ~4<-.:.\ ~y. commission expires: AUGUST 5, 1991
S~I~SEALJ~: :"L ~
!' iu CFi : ~i' (YL.l.~
" \. f. .\.~/~j1j Notary Public "
.;.~ ~ ...::!R\j,...~~...~- v ~ ...V
'. ~ o~ ....... 4~.... ,.; \
~ ~~,:J n,' c::~\ ..-
'" ~'flt~;;t. ,,~ .
~""""hf"t. \,\,,,,-, .1
(
lu.o.IBIT
"A"
BOOK 574: PAGE852
ESCROW INSTRUCTIONS
Tim::,,:, ::;CROC :::::-:-':JCTIONS are given th~.:' :: '_:. ll...l.l v f.
April, 1988, by SAVANAII LIMITED PARTNERSHIP, a District of
Columbia limited partnership (II Savanah II), to the Finance
Department of the City of Aspen, pitkin County, Colorado
(IIEscrow Agentll), with reference to the following:
RECITALS
A. Savanah is the owner of Lots 1 through 5,
inclusive, of the Aspen Mountain Subdivision and Planned Unit
Development as shown ana n~picted n~ the Final Plat thereof
recorded in Plat Book 17 at Pages 99, et ~., and as defined
and described in the Planned unit Development/Subdivision
Agreement _ Aspen Mountain Subdivision recorded in Book 500 at
Pages 656, et~. ("PUD Agreement"), all reference being to
the pitkin County, Colorado real property records.
B. Paragraph 3 of the PUD Agreement obligates
Savanah, in the present circumstances, to give financial
assurances to the City of Aspen in respect of the site and
landscaping improvements described in paragraphs B(l) and B(2)
of the PUD Agreement.
C. The City of Aspen has also requested of Savanah
that it give financial assurances in respect of excavation work
that it intends to begin upon Lot 1 of the PUD.
D. The City Engineer of' the City of Aspen,
Colorado, has determined that due to the completion or partial
completion of several of the site improvements described on the
PUD Agreement, the cost to complete the remaining site and
landscaping improvements is $1,228,000.0 (rather than the
$1,700,000.00 specified in the PUD Agreement) I and that the sum
of $650,000.00 is reasonable security for Savanah's obligations
of performance in respect of the excavation contemplated for
Lot 1 of the PUD.
NOW, THEREFORE, Savanah herewith deposits with Escrow
Agent the sum of $1,878,000.00 (the "Escrow Fund"). With
respect to the Escrow Fund, the parties hereby instruct Escrow
Agent as follows:
(
(
574: PAGE853
BO[1~
1. The Escrow Agent shall, as soon as in the
circumstances is practical, deposit the Escrow Fund in a
separate interest bearing (money fund) account with Central
Bank of Aspen, which account, such Bank has confirmed, shall be
insured to the extent of FDIC limits and shall be backed by a
pledge of that Bank's assets pursuant to cne ~oloraao Public
Deposits Law.
2. Savanah shall upon its written request, be
entitled to be paid quarterly all interest that accrues on the
Escrow Fund.
3. In . the event of ,a default in performance by
Savanah under the terms of either Paragraph B(l) or B(2) of the
'i pun Agreement, or both of such paragraphs, the Escrow Agent
Ii shall make available to the City from the Escrow Fund such
amounts, up to the sum of $1,228,000.00, as may be necessary to
enable the City, itselt or through third party contractors, to
complete the obligations of performance contained in either
Paragraph B(l) or B(2) of the PUD Agreement, or either of such
paragraphs, in respect of which Savanah has defaulted.
4. In the event that Savanah shall cause excavation
to occur on Lot 1 of the PUD after the date hereof and shall
fail to commence the next contemplated phase of construction
upon Lot 1 within the time contemplated by the City of Aspen
Building and Zoning Regulations whereby the right so to com-
mence the next phase of construction activity shall be lost,
and shall fail, within 60 days of such loss, to refill, compact
and seed any portion of Lot I excavated after the date hereof,
Escrow Agent shall make available to City from the Escrow Fund
an amount, up to the sum of $650,000.00, as may be necessary to
enable the City, itself or through third party contractors, so
to refill, compact and seed thpse portions of Lot 1 excavated
after the date hereof, and shall disburse the balance of the
Escrow Fund, together with any accrued undisbursed interest, to
Savanah.
5. In the event that Savanah begins to construct
foundations on Lot 1 of the PUD, and such fact shall appear to
Escrow Agent by written advice from the City Engineer, Escrow
Agent shall disburse to Savanah $650,000.00 of the Escrow Fund.
6. In the event that Savanah completes its obliga-
tions under both Paragraphs B(l) and B(2) of the pun Agreement,
and such fact shall be made to appear to Escrow Agent by
written advice from the City Engineer, the Escrow Fund, to-
gether with any accrued undisbursed interest, shall by Escrow
Agent be immediately disbursed to Savanah.
-2-
(
(
BO(J~ 574: PAGE854
7. At anytime that the Ci ty Engineer shall in
writing advise Escrow Agent that a portion of the obligations
on Savanah's part to be performed have been perofrmed and that
a proportionate amount of the Escrow Fund should be disbursed
'1 to Savanah, Escrow Agent shall dj snu,=~e to ~a"~..,~~ such amount
as the City Engineer shall direct.
8. All notices sent under the terms of this Escrow
Agreement shall be in writing, hand delivered to Escrow Agent
at 130 S. Galena Street, Aspen, Colorado; to Savanah at 600 E.
Cooper Avenue, Aspen, Colorado, with a copy to Robert W.
Hughes, Esq., Oates, Hughes & Knezevich, P.C., 533 E. Hopkins
Avenue, Aspen,Colorado; and to the Aspen City Manager, 130. S.
Galena Street, Aspen, Colorado 81611, with a copy to the Aspen
City Attorney, 130 S. Galena Street, Aspen, Colorado 81611.
9. No amendment of this Escrow Agreement is binding
on Escrow Agent unless such amendment is in writing signed by
all parties hereto and deposited with the Escrow Agent. Should
any dispute arise among the parties hereto or with any third
parties or should Escrow Agent receive conflicting demands with
reference to the Escrow Fund, the Escrow Agent may, at its
option, but without limiting other rights, stop all proceedings
in the performance of the Escrow Agreement and withhold deliv-
ery of the Escrow Fund until such dispute or conflicting
demands have been resolved and written proof thereof has been
delivered to Escrow Agent, or Escrow Agent may file an inter-
pleader suit in District Court, Pitkin County, Colorado. On
the filing of an interpleader suit, the Escrow Agent shall be
fully released and discharged from any obligations or liability
in connection with the Escrow Fund.
10. The parties agree to indemnify, pay and hold
harmless Escrow Agent from all charges, damages, judgments,
costs, expenses and reasonable legal fees expended or incurred
by Escrow Agent in the performance of its duties hereunder.
11. The parties acknowledge that the Escrow Agent is
a mere stakeholder and should not be required to perform any
services or duties except the safekeeping of money or other
documents received by it and the disposition of the same in
accordance with the written instructions of this Escrow Agree-
ment.
12. The Escrow Agent shall not be liable for the
lack of authority of any person to execute this Escrow Agree-
ment, any notice required by this Escrow Agreement or any
amendment to this Escrow Agreement. The Escrow Agent shall not
be liable for the failure of the parties to comply with these
-3-
(
(
574: PAGE855
BOllI{
instructions or any documents filed or referred to herein. The
Escrow Agent shall not be liable for any inadvertent failure of
the Escrow Agent to comply wi th these instructions or any
agreement or document. filed or .'referred to herein, fraud
perpetr'lted on ary perr:on in COIl.le~tion with the Escrow i\gref::-
ment, forgeries or impersonations occurring in connection with
the Escrow Agreement. The Escrow Agent shall not be responsi-
ble for the sufficiency, correctness or validity of any instru-
ments deposited with the Escrow Agent. The Escrow Agent shall
be liable only for its willful acts or any misconduct with
respect to the Escrow Agreement.
IN WITNESS WHEREOF, this Escrow Agreement has been
made and entered into and these Instructions have 'been given as
of the 14th day of April, 1988.
SAH1'.NAH LIMITED PARTNERSHIP, a
District of Columbia limited
partnership
By: 1001, INC., a District of
Columbia corporation, general
partner
,
By
THESE ESCROW INSTRUCTIONS ARE ACCEPTED AND RECEIPT OF THE
ESCROW FUND IS HEREBY ACKNOWLEDGED THIS 14TH DAY OF APRIL,
1988.
THE CITY OF ASPEN FINANCE
DEPARTMENT
By ~(/I2J&b~
Ihr. i sf"l1-f- Dire 'or ~
rwh27.71
P( !1ICUh'J
;rde: Jj Cf trtYflal
cSljn a tz~0J s .
-4-
(
( SXIIIBIT
"B"
BOOK
574 PAGE856
Employee Generation for Hotel Phase I, Galena ~lace, Summit Place
and Replacement Housing
Pha se I
1. Lodge Operation
New Lodge Rooms (264)
New I-BR Suites (26)
New 2-BR Suites (2)
Total Bedrooms
Living Rooms @ 25%
Total Rooms
Employees per room
Employee generation
Existing Lodge Rooms
Employees per room
Employee credit
120
.20
24.00
84.4
60%
5 O. 6
Net new employees
GMP employees housed
Employees to be housed
2. Accessory Food & Beverage
New restaurant sq. ft. (net)
New lounge sq. ft. (net)
New kitchen sq. ft. (net)
Subtotal
Employees per 1,000 sq. ft.
Employee generation
4,500
3,700
3,400
11 ,600
12.8
148.5
Existing F&B and Kitchen sq. ft. (net)
Employees per 1,000 sq. ft.
Employee credit
4,900
9.0
44.1
104.4
60%
-62.6
Net new employees
GMP employees housed
Employees to be housed
3. Accessory Retail
Net retail sq. ft.
Employees per 1,000 sq. ft.
Employee generation
5,770
3.5
20.2
Existing retail sq. ft.
Employees per 1,000 sq. ft.
Employee credit
700
3.5
2.5
Net new employees
GMP employees housed
Employees to be housed
17.7
60%
10.6
(
(
574 PAGE857
BOOX
Employee Generation for Hotel Phase I, Galena Place, Summit Place
and Replacement Housing, Cont.
4. Non-Accessory Commercial GMP
Phase I
New retail
Employees per 1,000 sq. ft.
Employee generation
o
5. Residential GMP (Lot 4)
Population of unrestricted units
4 3-0Rs @ 3.0/du (58%)
Employees to be housed (42%)
12.0
8.7
6. Employee Housing Replacement
Employees to be housed
29.0
Summary of Employees to be Housed
1.
2.
3.
4.
5 .
6.
Lodge Opera tions
Accessory Food & Beverage
Accessory Retail
Non-Accessory Commercial GMP
Residential GMP (Lot 4)
Replacement Housing
5 0.6
62.6
10.6
0.0
8.7
29.0
Total, Lot 1 , Lot 2, Lot 4 and Replacement
Employees to be Housed
161. 5
EXHIBIT "C"
( (
BOOJf 574 P,.1GE 858
DEDICATION OF REAL PROPERTY TO
EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES
(Rooms Within Grand Aspen Hotel)
THIS DEDICATION is made and entered into as of the
day of , 1988, by Savanah Limited Partnership, a
District of Columbia limited partnership ("Owner"), wi th
reference to the fOllowing:
WIT N E SSE T H:
WHEREAS, Owner is the record owner of the fOllowing
described real property situated in the City of Aspen, Pitkin
County, Colorado, to wit:
Rooms 184, 196, 197 and 198 within the Grand
Aspen Hotel (the "Units") situate on Lots M, N,
0, P, Q, Rand S, Block 91, City and Townsite
of Aspen, and Lots 1, 2 and 3, Block 1, Anthony
Acres Subdivision (the foregoing described
property also comprising a part of Lot 5 of the
First Amended Plat of the Aspen Mountai)1
SubdiVision and Planned Unit Development as
shown on the Plat thereof recorded in Book
at Page of the Pitkin County, Colorado r~
property-records)
WHEREAS, pursuant to the provisions of that certain First
Amended and Restated Planned Unit Development/Subdivision
Agreement -- Aspen Mountain SUbdivision recorded in Book at
Pages -' ~~. ("Amended PUD Agreement") :,f the .Pitkin
County, Colorado real property records, Owner 1S requ1red at
this time, but effective upon the issuance of a certificate of
OCcupancy for Hotel Phase I described in the Amended PUD
Agreement, to dedicate the Units to specific employee housing
restrictions and gUidelines; and
WHEREAS, Owner desires by this instrument to effect such
dedication upon and with respect to the Units,
"1t;III~A kNF7El1CJI pc
~ flour, A..r<<'n Nva lIufldlnl
H.' fa.. "''I'kl...
"",..n. Culundo. 111611
NOW, THEREFORE, for and in consideration of the execution
and recording by the City of Aspen, COlorado, of the Amended
PUD Agreement, and for other good and valuable conSideration,
the receipt and SUfficiency of which are hereby acknowledged,
Owner hereby deClares, covenants and agrees that when, but not
before, a certificate of occupancy issues for Hotel Phase I
more particularly described in the Amended PUD Agreement:
1. Each of the Units shall be and hereby is restricted
exclusively in terms of Use and occupancy to the low income
employee housing use, occupancy and rental guidelines and
(
800~( J'7 4: PAGE859
qualifications that may, from time to time, be in effect, duly
adopted, and regularly and uniformly applied by the City or its
duly constituted employee housing designee.
2. Verification of employment and income levels for the
individuals who occupy the Units shall be completed and filed
with the City, or its employee housing designee, prior to and
as a condition of the issuance of a Certificate of Occupancy
for the Hotel proposed in the Amended PUD Agreement for con-
struction on Lot 1 of the Aspen Mountain Subdivision and
Planned Unit Development, and thereafter prior to and as a
condition of each employee's occupancy of a Unit;
3. Employees of Owner or of the owner or operator of the
Hotel proposed in the Amended PUD Agreement for construction on
Lot 1 of the Aspen Mountain Subdivision and Planned Unit
Development shall be given the first right to occupy the Units
and, if so employed, shall be entitled to occupy the units
notwithstanding that their individual income levels may exceed
low income levels, provided that, in all events, they shall not
be charged more than low income rent for such occupancy.
4. In all other respects, the Units shall not be occu-
pied by other than Qualified Employees limited to those persons
residing and employed in the City of Aspen or the County of
Pitkin for a minimum average of 30 hours per week, nine months
out of any 12 month period, who meet low income and occupancy
eligibility requirements from time to time in effect, duly
adopted and regularly and uniformly applied by the City of
Aspen or duly constituted employee housing designee.
5. Nothing in this employee housing restriction con-
tained shall preclude or interfere with or be construed as
precluding or interfering with the right of Savanah, hereby
reserved, to demolish or with the demolition of the Grand Aspen
Hotel pursuant to provision therefor made in the Amended PUD
Agreement; provided that, at such time as the Grand Aspen Hotel
is demolished, Savanah will substitute for the Units other
comparable property acceptable to the City for this purpose and
similarly burdened as employee housing; and, provided further
that, whether or not the Grand Aspen Hotel is by then demol-
ished, at such time as Savanah or its successor shall construct
the employee housing project known as "Ute City Place" then,
from the time a certificate of occupancy issues therefor, the
Units or any property substituting therefor, as above provided,
shall from then and thereafter be relieved from the burden of
this Employee Housing Restriction and the Ute Ci ty Place
project shall stand in substitution thereof.
6. The dedication and covenants contained herein shall
automatically upon the issuance of a certificate of occupancy
for Hotel Phase I more particularly described in the Amended
PUD Agreement, but not before, be deemed a burden upon and to
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(
(
BOOK
574 P4GE860
run with the title to the Units and the foregoing described
real property, shall be binding upon the Owner and its SUcces-
sors and assigns, and upon all other persons or entities having
any right, title or interest in or to the Units or such proper-
ty, or any part thereof, and shall inure to the benefit of and
be specifically enforceable by the City of Aspen or its duly
constituted employee housing designee by any appropriate legal
action, including injunction, abatement or eviction of non-
complying tenancies, all for a period of fifty (50) years from
the date of recording hereof in the Pitkin County, Colorado
real property records, subject to the foregoing described
reserved right of demOlition.
7. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by written instrument executed by both the Owner
or his successors or assigns, and the City of Aspen, COlorado,
and duly recorded in the Pitkin County, Colorado real property
records.
IN WITNESS WHEREOF, Owner has hereunto set its hand and
seal as of the day and year first above written.
OWN ER:
SAVANAH LIMITED PARTNERSHIP,
a District of Columbia
limited partnership
By: 1001, Inc., a
District of Columbia
corporation
By:
STATE OF
)
) ss.
)
COUNTY OF
Subscribed and sworn to before me this
,198 by as
1001, Inc., gene~l partner of Savanah Limited
District of Columbia limited partnership.
day of
of
Partnership, a
Witness my hand and official seal.
My commission expires:
( SEAL)
rwh28.67a
Notary Public
-3-
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BOOK 574 PAGE861
DEDICATION OF REAL PROPERTY TO
EMPLOYEE HOUSING RESTRIC'fIONS AND GUIDELINES
(Ute City Place)
THIS DEDICATION is made and entered into as of the
day of , 1988, by Savanah Limited Partnership,
a District of Columbia limited partnership (1I0wner"), with
reference to the following:
WIT N E SSE T H:
WHEREAS, Owner is the record owner of the following
described real property situated in the City of Aspen, Pitkin
County, Colorado, to wit:
Lots C, D, E, F and G, Block 118, City and
Townsite of Aspen ("Propertyll); and
WHEREAS, Owner has proposed or intends to propose for
construction on the Property a twenty-two (22) unit condominium
complex to be known as "Ute City Place" (herein so called)
comprised of 6 studio units, 12 one-bedroom units, and 4
two-bedroom units, which units will house in the aggregate a
total of 37 employees more particularly below described; and
WHEREAS, pursuant to the provisions of that certain
First Amended and Restated Planned Unit Development/Subdivision
Agreement -- Aspen Mountain Subdivision recorded in Book at
Pages _, et~. ("Amended PUD Agreement") of the Pitkin
County, Colorado real property records, Owner is required at
this time, but effective upon the issuance of a certificate of
occupamcy for Hotel Phase I described in the Amended PUD
Agreement, to dedicate the Property and the proposed Ute City
Place to specific employee housing restrictions and guidelines;
and
WHEREAS, Owner desires by this instrument to effect
such dedication upon and with respect to the Property and Ute
City Place,
NOW, THEREFORE,. for and in consideration of the
execution and recording by the City of Aspen, Colorado, of the
Amended PUD Agreement, and for other good and valuable consid-
eration, the receipt and sufficiency of which are hereby
acknowledged, Owner hereby declares, covenants and agrees that
when, but not before, a certificate of occupancy issues for
Hotel Phase I more particularly described in the Amended PUD
Agreement:
(
BOOK 57 4\AGE862
1. When constructed, the entire Ute City Place,
containing 22 condominium units comprised of 6 studio units, 12
one-bedroom units and 4 two-bedroom units, and housing a total
of 37 employees, shall be and hereby is restricted exclusively
in terms of use and occupancy to the moderate income employee
housing use, occupancy and rental guidelines and qualifications
that may, from time to time, be in effect, duly adopted, and
regularly and uniformly applied by the City or its duly con-
stituted employee housing designee.
2. Verification of employment and income levels for
the individuals who occupy the units in Ute City Place shall be
completed and filed with the City, or its employee housing
designee, prior to and as a condition of the issuance of a
Certificate of Occupancy for the Hotel proposed in the Amended
PUD Agreement for construction on Lot 1 of the Aspen Mountain
subdivision and Planned Unit Development, and thereafter prior
to and as a condition of each employee's occupancy of a unit in
the Ute City Place;
3. Employees of Owner or of the owner or operator
of the Hotel proposed in the Amended PUD Agreement for con-
struction on Lot 1 of the Aspen Mountain Subdivision and
; Planned Unit Development shall be given the first right to
ioccupy the units in Ute City Place and, if so employed, shall
! be entitled to occupy the units notwithstanding that their
1 individual income levels may exceed moderate income levels,
:\' provided that, in. all events, they shall not be charged more
than moderate income rent for such occupancy.
I 4. In all other respects, the units within Ute City
'I 'Place shall not be occupied by other than Qualified Employees
limited to those persons residing and employed in the City of
Aspen or the County of Pitkin for a minimum average of 30 hours
per week, nine months out of any 12 month period, who meet
moderate income and occupancy eligibility requirements from
time to time in effect, duly adopted and regularly and uni-
formly applied by the City of Aspen or duly constituted em-
ployee housing designee.
5. The dedication and covenants contained herein
shall automatically upon the issuance of a certificate of
occupancy for Hotel Phase I more particularly described in the
Amended PUD Agreement, but not before, be deemed a burden upon
and to run with the title to the Property and the Ute City
Place, shall be binding upon the Owner and its successors and
assigns, and upon all other persons or entities having any
right, title or interest in or to the Property and in or to Ute
City Place, or any part thereof, and shall inure to the benefit
of and be specifically enforceable by the City of Aspen or its
duly constituted employee housing designee by any appropriate
-2-
(
BOOM 5 ~ PAGE 863
legal action, including injunction, abatement or eviction of
non-complying tenancies, all for a period of fifty (50) years
from the date of recording hereof in the Pi tkin County,
Colorado real property records.
6. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by written instrument executed by both the Owner
or his successors or assigns, and the City of Aspen, Colorado,
and duly recorded in the Pitkin County, Colorado real property
records.
IN WITNESS WHEREOF, Owner has hereunto set its hand
and seal as of the day and year first above written.
OWNER:
SAVANAH LIMITED PARTNERSHIP,
a District of Columbia
limited partnership
By: 1001, Inc., a
District of Columbia
corporation
By:
STATE OF
ss.
COUNTY OF
Subscribed and sworn to before me this
,198 by as
1001, Inc., general partner of Savanah Limited
District of Columbia limited partnership.
day of
of
Partnership, a
Witness my hand and official seal.
My commission expires:
Notary Pub11C
rwh28.67a
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EXH( -.:r. ~
\JlJ( 53:) trif 781:0011 574 PAGE864
SPECIAL Hl\n~'NTY DEElJ
.
Cot1HERrF' ~... '.::.",j i\~SOelJ\T!OU, whose street address is
III Soledad, Suite 1350, San J\ntonio, TX 70040, for the consid-
eration of Ten Dollars (S10.00), in hand paid (and other gootl
and valuable consideration), hereby sells and conveys to DOt-Hl-
HILL ASSOCIATES, IUe. ("Grantee"), whose st:-eet address i9
J"D36.1, Horth Tower, Plaza of the i\mericas, Dallas, Couuty of
Dallas, State of 'l'e:<as 75201, the following real property in the
It C.?~~~.~ of pitkin and State of Colorado, to wit:
- !TE OOCUrlE'JT'.-"
. . ... . : i " .:. :
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I
1
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WR I 6 981
o
The easterly one-half (1/2) of Lot L and all
of Lot H, Dlock 44, City and Townsite of
Aspen, pitkin Coun~y, Colorado,
also sometimes kno\.,n and referreu to as 320
West Main Street, Aspen, Colorado
with all its appurtenances anu warrants the title to l:.he same
agains t all persons cIa iming \mder the said Conunerce S.;\V in'19
Associ ntion suujGct to am.1. except ror general taxes for 1906 anu
thel-eafter and subject to the followings
EHPI,OYF.E HOUSING RESTRICTIOn
. .
'rhe property hereuy c'onveyed shall be anu remain
elllployee houslng wi thin the meaning ot. and as cnn templR t:~d by
that certain DedicatIon of Real Property to Employee .Housing
Restrictions ~nd Guidelines dated December 2, 1985, a copy of
which io hereto annexed as Exhibit A ("Employee Housing Re9t:rlc-
tions II) and the P lallned Unit Developmeil tl S\1bdi vision Agreement -
Aspen Mountain Subdivision recorded in Dook 500 at: Page 656, et
~., of the Pitkin County, Colorado real property records,
J.ncluding any amendments thereto, modifications, exte/1sion~ or
Bubs ti tutions the reo f which cIo not modi fy any of Gran I:ee IS
obligations hereunder (collectively the "PUD J\greement"). In the
event the Grantee hereof, its successors or a551g1\9, shall fail
fully to abide ''lith and by the Employee Housing H8strictions aud
the PUll Agreemen t, inso far as the property hereby cOl1veyed is
concerned, Ghall fail to cure any s\lch failure purso.lant to the
provisions of Paragraph H of the PUD Agreement and such failure
Bhall be determined by the City Council of Aspen, and be finally
determined by a court of compe ten t juri sdiction to COll9 ti t.J ta
non-compliance with the pun Agreement or Employeg IIO\1sinq
Restrictions, all as provided in Paragraph H of t!le PUD Agreo-
ment:, then, subject to the remaining provisicns hereof, thin
Deed shall, from then and thereafter-, a\1tOlnatic~lli' be deemed
abso1\Jtely 1\\111 and void, anu tl tIe to tho ptoperty ht!reby
conveyed ahall ior.o facto pass to IInd vest in tho then O\.lIlor (or
if there be mor;---tili1ll oile O\-mc!:, t1) p.i\ch ant! all of thl!1ll ill
equal undividnd interests as tenant:J in commonl of Lots 1 Bnd 5
08TES HIJGHE:;
. .
....
I I
s
So Kt~E=E In (H.
(~
, L .
(
BOOK 574mGE865
of the Aspen Mountain S~bdivision and Planned Unit D~v~lopment.
as shown and described in the Plat thereof recorded in Book 17
at Page 99, et ~., of the Pitkin Countj, Colorado real pro-
perty recorcS;- Incllldinq o:'\ny .:tmendments thereto, 1T...,~.:.rit:.dtions,
e~~~"s~ons or substituti0ns thereof. In such event and at suct
time, the owner(s) of Lots 1 and 5 of the PUD shall be entitlec
to apply to the Pitkin County, Colorado District COllrt for an
appropriate order, decree or other instrument confirming the
invalidity of this Deed and the passage 0: title to the propert~
hereby conveyed to such owner(s); provided, however, that in no
event shall the Grantee's title revert pursuant to the provi-
sions hereof unless and until the property hereby conveyed fail~
to satisfy the Employee Housing nastrictions and 30 days writter
notice by the owner(s) of Lots 1 and 5 of the PUD or Commerce
Savings Association is given to Grantee, which writtan notice
may be given in advance of a tinal determination that the
property hereby conveyed' tails to satisfy the Employee Housing
Restrictions as provided in this deed restriction or if Grantee
fails to respond to notice from the City 'of Aspen within the
preliminary time specified therein or as extended, or if no s~ch
time is specified, 30 days. Each occasion of claimed default
shall require a separate notice. Commerce Savinqs Association,
its successors or assigns, shall have the right, but not the
obligation, reasonably to cure (including during any period of
time that the Grantee may be contesting any claim by the City of
Aspen that it has failed to keep and perform the Employee
Housing Restrictions) any default on the part of the Grantee
under or the failure of the Grantee to keep and perform the
covenants and obligations on'its part to be kept and performed
in the Employee Housing Restrictions, and shall be reimb~rsed by
Grantee, its successors and assigns, for its reasonable, neces-
sary and direct expenses which Grantee, its S\1ccessors and
assigns, may contest, and for which no pre-judgment security may
exist in the property hereby conveyed.
Notwithst&nding the foregoiny,'so long as the owner of
Luts 1 and 5 of the PUD consents thereto and no impairment
whatsoever to any development approvals now existinq or s\1bse-
quently obtained for Lots 1 or 5 of the PUD would thereby
result, the owner ot the property hereby .~onveyed shall be
enti tIed, at its sole cost and expense,' fo ~ seek and obtain ap-
proval from the City of Aspen to s\1bstitute for the property
hereby conveyed other employee,housing property so long as any
such substituted property is accepted as employee housing by the
City of Aspen for all intents and purposes, insofar as Lots 1
and 5 of the PUD are concerned, in the place, stead and in lie~
of the property hereby conveyed. In the event the PUD Agreement
ceases to be of fllrther force and effect, the provisions herein
concerning the maintenance of the property hereby conveyed as
employee housing and the divestiture of Grantee's title thereto
shall, as well, cease to be of f\1rther force and effect on the
date that is thirty-six months frOm the date on which the PUD
Agreement ceases to be of f~rther force and effect unless during
((
(
. o. .
BOOI{ 574: P4GE866
-.
I such thirty-six month period a new PUD Agreement (with respect
to Lots 1, 4 and 5 of the PUD) between the City of Aspen ~nd the
I owner of Lots 1 and 5 of the PUD is entered into which contem-
I pIa tes the propf!rty hereby conveyed as b:d. f1tJ ':'"'T)'-:.~: ~iO'I.1S lng.
This Employee Housing Restriction Shall rl.1~ with the
property hereby conveyed, shall be a burden thereupon, shall be
binding upon Grantee, its grantees, Successors and assigns,
shall be a benefit to the City of Aspen, Shall be a benefit to
and run with Lots 1 and 5 of the PUD and shall be enforceable by
the owner(s) thereof, its successors, grantees and assigns, all
for the period contemplated by the Employee Housing Restric-
tions, but if such period is found to violate the Rule Against
Perpetuities, for the period of the longest to live of the
members of the present Aspen City Council and his or her now
living descendant~ plus twenty-one years.
Anything herein to the contrary notwithstanding,
nothing herein shall prohibit, limit or invalidate conveyance or
encumbrance upon the property hereby conveyed, including without.
limitation liens and encumbrances created after the conveyance
by Commerce 1 provided, however, that any such con~eyance or
encumbrance shall be expressly subject to the Employee Ho~sing
Restrictions and to this deed restriction. But any reversion
shall be subject to such liens, claims and encwnbrances,
although subordinate to this restriction.
Signed thIs /0 ftr. day of ~ ' 1997.
'CO~ERCE SAVINGS ASSOCIATlON
BY~C-.l~
ACKNOWLEDGJ;"
COUNTY OF
ss.
9:l'_'JI-~
-'1MliI_ .tI.~ ~.lfI
~..........
......,.
STATE OF
The foregOing instrument was acknowledged before me by
.-ltJJf,J C. K./i-l.I'l. as CJ"~"~,"',7A.l of COMMERCE 6AVnWs
ASSOCIJ\TION, ~hi5 1,;.,.1., day of )~~l't.. , 1987.
Witness my hand and official seal.
. ....... \~'.Jll\.<<y.... commission expires: .,,;,~ . ,. ..". _.;'~'.
. / .....;~~.~..:... (., ., ~. .'.. :~
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'""\. ... .....,. ., . oj .~~ -;.. .. () , ~ . ----
.J'~,;n~.""'..',~,,". ).'ot ...., Publl.' ."
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': .' " ~I :..... t 0' '.' . d .,..... : 1
,. z ~ l:..!.~~.,' ~""'I ," : 't. Ad r e 5 S : .,. ,~... . ." ;. ,
r~&i'4 ~~~,;..:;.::'./ (, : - - .....~ ~bb 0-'" ., :.
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~':':.'..,; eCXI.r., ...... ~'~:.. MARGARET ~ARY AOAM~
.~. ., " ., r)
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BOOlf 574 P4GE867
EMPLOYEE
DEDICATION OF REAL PROP~RTY..
TO
flOUS lUG nf.ST"TCTIGi-i::; /\liD GUIDELINES
~n /lO~~,
~ ~
,.,..J
TillS DEDICATION, made and en tered into thls ~ day of
~q..-"'.f"":<- · 190~ by John II. ROberts, Jr. (hereinafter
referred to as ~Owner~),
"/lEREAS, Owner is the record O"ner of the f011oWing_
WI" N E: SSE T "r
desccribed improved real property situated in the City of A"pen,
Pftkin,County, ColoradQ, to wlt~
The Easterly one-half (1/2) of Lot L and all of Lot M, Dlock
44, City and Townsite of Aspen, known as 320 w. nain Street,
Aspen, Colorado (hereinafter referred to as the 'Copper . .
Horse LOdge"), and
WIIEREIIS, pursuan t to the prov iSions of tha t cer tain l'Janned
Unit Development IIgreement for Aspen MOuntain SUbdivision
recorded in Dook ~ at page 6d::b of the Pitkin County, Colorado
real property 'records, Owner is required at this time to dedicate
said Copper IIorse .Lodge to specific emplOyee housing restrictions
,
and guidelines; and
"I/EREAS, Owner desires by this instrument to effect such
dedication upon and with respect to the Copper /lor.e Lodge.
NOW, TIIE:REfORF;, Cor and in consideration of the execution
~l1d reCording by the City of ASpen, Colorado of the abova-
reCerenced V.U.D. ^9reement foe Aspen tlountain SubcHvis!on, Dna
. .
.. .
EXHIBIT A
TO
c:nt;>t""T J\" ..,.....~. _____
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.
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BOOI{
574 PAGE868
"
"
for other good and valuable considerations, th~'recelpt and suf-
flclency of which are nereby acknowledged, Owner hereby covennnts
and agrees as follows:
. '
1. Th~ entire Copper "orss Lodge, con~ainin9 fOU~l~~n (14)
units comprised of one I-person room, six 4-person rooms, four )_
person rOOms and three 2-person rooms, shall be and hereby is
restricted exclusively to Use as rental only e~ployee housing
unJer and in accord.mee wi th s.uch Ci ty (.,~ 1\Gpen erll~~oyee housing
Use, occupancy, and rental guidelines and qualifications as may
be In effect and applicable from tima to time, subject to the
specific restriction that rentals for Copper Horse Lodge units
shall include all common utilities and shall no't excC!ed twenty-
five percent (25\) of the employees' average monthly income or
$200.00 per month per p~rson, Whichever is less. Provided
always, that rental prices shall be indexed to the annually.
adopted employee housing guide) ines appr.oved, by the Cl ty.
2.. In addition, the fourteen (14) units in the Copper
Horse Lodge shall be and hereby aCe restricted to a maximum occu-
pancy of forty-three (43) employees, with first priority to be
given at all times to employees of the hotel(s) or lodge(s) in
operation Crom time to time on the lands encompassed by the
above-referenced P.U.D. Agreement for Aspen Mountain Subdivision.
Verification of an employee's income and e~ployment
-2-
. .
..
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---"... {
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,- - - - -. .... (
BOOM 574 PAGE869
.
.
qualifications shall be accomplished by the City of ^spen or It5
designee prior to and as a condition of each employee's occupancy
.
of a unit in the Copper Horse Lodge.
3. The dedication and covenants contained herein shall be
deemed a burden upon and to run with the title to the Copper
Horse Lodge, shall be binding upon the Owner and his Successors
and assigns and upon all other persons or ontities having a~y
ri9ht, title or interest in or to the Copper Horse Loclge or any
part thereof, and shall inuro to the benefit of and be specifi-
cally enforceable by the City o( Aspen or its designee by any
appropriate legal action including injunction, abatement or evic-
tion of non-complying tenancies, all for a periOd of fifty (SO)
years from the .date of recording hereof in the Pitkin County rea)
property records.
4. Neither this dedication nor any of the coven~nts
~ont.lned herein shall be modified, released or waived 1n ony
respect except by written instrument executed byboth,the Owner
or his ~uccessors or assigns and the' City of Aspen, Colorado and
duly recorded in the Pitkin County real property records.
IN WITNESS \WEREOf, the Owner has hereunto seot his hand and
seal as of the day and year first above written.
. .
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574 p:\GE870
.
IN WITNESS WHEREOf, the Owner has hereunto s~t his hand i'nd
seal as of the day and year first above written.
.
.
OWNER;
,,f!fl'I:1~ h
John'lI. Roberts, Jr.
STATE OF ~
COUN'l.Y OF p. ;~(' i'\
)
) SSe
)
Th~foregoing Dedic~tion was acknowledged before m. this ~
day of ~r:e\~v , 1985, by John U. Roberts, Jr.
Witness my hand and official sebl.
My commission expires: ~fa91B~
No t~ r y
& ( (;rCLt'I-'1,
II {; fe : t 0 f ~JriJ i Ie (tJ
S/ Yl-tl h~)
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SPECIAL WARRhNTY ,DEED
800l!
574 P4GE871
TillS DEED, made this lOth day of Barch 1988,
between SAV1\N1\1I LHIITED P1\RTNERSiilp, whose address is 1300 N. 17th
Street, '1100, Rosslyn, VA 22209 ("Grantor"~, and Riscor Inc., a Texas
corporation, whose adoress is 200 Crescent Court, Suite 1385,
Dallas, Texas 75201 ("Grantee"),
WITNESSETII, that the Grantor, for and in consideration of
the sum of Ten Dollars and other good and valuable cOllsideration
paid to the s tid party of the first part, in hand paid by the
Grantee, the receipt whereof is hereby confessed and acknow-
ledged, has granted, bargained, sold, and conveyed and by these
presents does grant, bargain, sell, convey, and confirm unto the
said Grantee, Its successors and assigns forever, all the follow-
ing described lot or parcel of land, ,situated, lying, and being
in the County of Pitkin and State of Colorado, to wit:
That p ,rt of vacated Cleveland Street lying
Westerly of and adjacent to Block 124, City and
Townsite of Aspen, Colorado, described as:
Beginning at a point which is the NW corner of Lot
A, said Block 124, from whence Corner No. 2 of
1\spen Townsite bears N. 8P3l' E. 92.12 feet,
thence N. 75009'11" W. 75.32 feet, thence S.
14050'49" E. along the West side of Lot A, 110
feet to the point of beginning Pitkin County,
Colorado, known as 935 East Durant Avenue, Aspen,
Colorado.
Together with all and singular the hereditaments and appurte-
nances thereunto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents,
issues, and prOfits thereof, and all the estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, wi th the heredi ta-
ments and appurtenants (all the "Property"), TO II1\VE AND TO 1I0LD
the Property, with the appurtenances, unto Grantee, Its succes-
sors and assigns forever.
And the said Savanah Limited Partnership, Grantor, for
itself, its heirs, executors, and administrators, does covenant,
grant, bargain, and agree to and with the said Grantee, its
successors and assigns, the Property In the quiet and peaceable
possession of Grantee, Its successors and assigns, against all
and every person or persons lawfully claiming or to claim tIle
whole or any part thereof, by, through, or under the Grantor to
W1\RR1\NT 1\ND FOREVER DEFEND, except for general taxes for 1988 and
thereafter and subject to the right of possession of any current-
ly installed t mant or committed to tenancy for a term (or terms)
that does (or do) not extend beyond February 28, 1990, to the
right of possession and occupancy of the 1\lpina lIaus Lodge
situate on the Property up to the time of issuance of the Certi-
ficate of Occupancy below described, but in no event beyond sixty
(60) months from the date hereof, reserved unto Grantor in and by
that certain Lease Agreement entered Into simultaneously with the
delivery hereo", and to the following:
EMPLOYEE 1I0USING RESTRICTION
1\t such time as a Certificate 'of Occupancy issues for
1I0tel Phase I, as defined In the PUD Agreement belOW-described,
but not before, the Property (inclUding in all events the im-
provements thereon or any replacements thereof) shall, from then
and thereafter, automa tically and ipso facto be and remain
employee housing within the meaning of, as contemplated by and
according to the terms of that certain Dedication of Real Proper-
ty to Employee 1I0using Restrictions and Guidelines dated December
2, 1985, a copy of which is hereto annexed as Exhibit 11.
, ~
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800K ~ 1 PAGE872
("Employee H~using Restrictions") and the Planned Unit Develop-
ment/Subdivision Agreement - Aspen Mountain subdivision recorded
in Dook 500 at Page 656, ~ ~., of the Pitkin County, Colorado,
real property records, including any amendments thereto, modifi-
cations, extensions, or substitutions thereof which do not modify
any of Grantee's rights and obligations Ilereunder (collectively
the "PUD Agreement"). In the event Grantee, its successors or
assigns, (i) shall fail fully to abide with and by the Employee
Housing Restrictions and the PUD Agreement, insofar as the
Property is concerned, or (ii) shall fail to maintain the Proper-
ty as employee housing within the meaning and according to the
terms of and for the period of time expressly provided in the
Employee Housing Restrictions and PUD Agreement (including herein
the obligation to replace or restore any portion of the improve-
ments on the Property lost or damaged by fire or other casualty,
whether occurring before or after issuance of a Certificate of
Occupancy for Hotel Phase I), or (iii) shall do, cause to be
done, or fail to do anything with-respect to the Property that
results in a \letermination by the City of Aspen of substantial
non-compliance with the Employee Housing Restrictions or the PUD
Agreement as such determination shall have been made in accor-
dance with the provisions of Paragraph M of the PUD Agreement,
either Grantor, or, as the case may be, its successor(s),
grantee (s) or assign (s) to Lot I of the Aspen Mountain Subdivi-
sion and Planned Unit Development (the "Lot 1 Owner") as shown on
the plat thereof recorded in Plat Book 17 at Pages 99 et ~. of
the Pitkin County, Colorado real property records, or on any
successor plat thereto ("Lot 1 of the PUD"), shall have the
right, but not the obligation, to cure (including during any
period of time that the Grantee may be contesting any claim by
the City of Aspen that it has failed to do the things described
in any or all of (i)-(iii), above, any such failure or remedy any
circumstance that resulted in such determination, in which event
Grantee, or the then owner of the Property shall be bound to and
shall on demand reimburse the party incurring them for all its
costs and expenses reasonably and necessarily incurred in connec-
tion with any such cure or remedying, together with interest
thereon at the per annum rate of 18\ if reimbursement is not made
within thirty days of demand therefor accompanied by evidence of
expenses incurred. Such obligation to reimburse shall be secured
by a lien upon the Property, which lien shall be superior to all
other liens and encumbrances hereafter recorded except only for
the lien of general taxes, to the lien of any deed of trust
securing an obligation of up to but not in excess of $260,000.00,
unless any amount secured by such deed of trust in excess of
$260,000.00 represents the cost of direct improvements, including
upgrading of existing improvements, actually incorporated into
the Property (the "Superior Encumbrance Rights"). The lien
securing the obligation to reimburse may be foreclosed in the
same manner as any mortgage on real property. In any proceedings
conunenced to enforce the obligation to reimburse, whether through
lien foreclosure, an action on the debt, or otherwise, the party
entitled to reimbursement (i.e., Grantor, its successors or
assigns or the owner of Lot 101 the PUD) shall be entitled to
its costs and reasonable attorneys' fees as .a part of any judg-
ment made. In the event Grantee or the then owner of the Prop-
erty successfu ~ly and finally challenges any determination or
claim mnde by the City of Aspen of substantial non-compliance
upon which the claiming Lot lowlier received reimbursement, all
as above provided, the party that received the reimbursement
shall, upon demand, refund the same to the party that made the
reimbursement, together with interest at the per allnum rate of
18\ if such refund is not made within thirty days of demand, and
a successful pi.rty ill litigation to enforce this provision shall
be entitled to its costs and reasonable attorneys' fees as a part
of any judgment made.
So long as no impairment whatsoever to any development
approvals now existing or subsequently obtained for Lot I of the
PUD would thereby result, the owner of the Property shall be
entitled, at its sole cost and expense, to seek and obtain
approval from the City of Aspen to modify the Employee Housing
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BOOK 574 PAGE873
Restrictions, this Employee Housing Restriction, or substitute
for the Property other employee housing property so long as any
sllch substituted property is accepted as employee housing by the
City of Aspen, for purposes of any development approvals applic-
able to Lot 1 of the PUD now existing or subsequently obtained,
in the place, stead and in lieu of the Property. In the event
the PUD Agreement ceases to be of further force and effect, this
Employee Housing Restriction and the application of the Employee
Housing Restrictions shall, as well, cease to be of further force
and effect on the date that is 36 months from the date on which
the PUD Agreement ceases to be of further force and effect unless
during such 36-month period a new PUD Agreement (with respect to
Lot 1 of the PUD) betwv~n t!n City of Aspen an(4~he Lot 1 Owner
is entered into which - '\llifllh.~JW the Property ~ be.. employee
housing, provided, however, that for the period only between the
time the PUD Ag reemen t ceases to be 0 f further force and e f fee t
and the time an such new PUD agreement with respect to Lot 1 of
the ruo is entered nto, the Employee Housing Restrictions and
this Employee Housing Restriction shall be suspended and shall
not be applicable to the Property.
The prwisions of the Employee Housing Restrictions A1 ,.
contained herein shall run with the Property, shall be a burden ~JJ b",\\,~
thereupon, shall be binding upon Grantee, its grantees, succes-
sors and assigns, shall be a benefit to the City of Aspen, and
shall be enforceable thereby, shall be a benefit to and run with
Lot 1 of the PUD and shall be enforceable by the owner(s) there-
of, its successors, grantees and assigns, for the period express-
ly provided in the Employee Housing Restrictions, but if such
period is foun1 to violate the Rule Against Perpetuities, for the
period of the longest to live of the members of the present Aspen
City Council and his or her now living descendants plus twenty-
one years.
(
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Anything herein to the contrary notwithstanding, nothing
herein shall prohibit, limit, or invalidate conveyance or encum-
brance upon the Property, including without limitation liens and
encumbrances created after the conveyance by Savanah, provided,
however, that any such conveyance or encumbrance except the
Superior Encumbrance Rights shall be expressly subject to this
deed restriction. While any encumbrance placed upon the Property
by reason of or subsequent to this Deed shall be subject to the
foregoing Employee Housing Restriction, nothing herein shall
otherwise affect the validity and enforceability of any such
encumbrance.
IN WITNESS WIJEREOF, the said party of the first part has
hereunto set his hand and seal the day and year first above
written.
Signed, Sealed and Delivered)
in the presence ofl .,
,
)
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,
President
(SEAL)
STATE OF {}~UJIl/M ()
COUNTY OF 7,'f1(;/lu'
ss.
/.1r!- The foreqoin<] instrument was acknowledged before me this
LV day of ...m..1l,(tIf , 1988, by Mohamed A. lJadid, President of
1001, Inc., General Partner of Savanah Limited
1. 97
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574 PAGE874
DEDICATION OF REAL PROPERTY
TO
EMPLOYEE ROUSING RESTRICTIONS AND GUIDELI~'!:':
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-( ALPINA RAU'S'ooDGE)
--
THIS DEDICATION, made and entered into this ~~Jday of
~~~~~ , 198J~ by John H. Roberts, Jr. (hereinafter
referred to as ROwner"),
WIT N E SSE T R:
~--
WHEREAS, Owner is the record owner of the fOllowing-
desccribed improved real property situated in the City of Aspen,
.Pitkin County, Colorado, to wit:
That part of vacated Cleveland Street lying Westerly of and
adjacent to Block 124, City and Townsite of Aspen, Colorado
described as: Beginning at a point which is the NW corner
of Lot A, said Block 124, from whence Corner No.2 of Aspen..
Townsite bears N. 81031' E. 92.12 feet: thence N. 75009'11"
W. 75.32 feet: thence S. 14050'49" W. 110 feet: thence S.
75009'11" E. 75.32 feet: thence N. 14050'49R E. along the
West side of Lot A, 110 feet to the point of beginning,
known as 935 E. Durant Avenue, Aspen, Colorado (hereinafter
referred to as the RAlpina Haus LodgeR): and .
WHEREAS, pursuant to the provisions of that certain Planned
'Unit Development Agreement for Aspen Mountain Subdivision
recorded in Book ~ at page 6~~of the Pitkin County, Colorado
real property records, Owner is required at this time to dedicate
~ :...-
said Alpina Haus Lodge to specific employee housing restrictions
and gUidelines: and
-"
WHEREAS, Owner desires by this instrument to effect such
dedication upon and with respect to the Alpina Baus LOdge.
I " /
EXHIBIT A
Special Warranty Deed
Savanah Limited, Grantor
Riscor, Inc. Grantee
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BOOK
574 p~GE875
NOW, THEREFORE, for and in consideration of the execution
~"~ ~ecording by the City of Aspen, Cc:orado uC Lh~ d~ove-
referenced P.U.D. Agreement for 'Aspen Mountain Subdivision, and
for other good and valuable considerations, the receipt and suf-
ficiency of which are hereby acknowledged, Owner hereby covenants
and agrees as follows:
1. The entire Alpina Haus Lodge, containing forty-three
(43) units comprised of. 40 single rooms, 2 studio apartments ci1ld
1 dorm apartment, shall be and hereby is restricted exclusiv~ly
to use as rental .only employee housing under.,and in accordance
.,
with such City of Aspen employee housing_use,loccupancy and
rental guidelines and qualifications as 'may be in effect and
applicable from time to time, subject, to the specific restriction'
~'''''-
that rentals for Alpina Haus Lodge units shall include all common
utilities and shall not exceed twen~y-five percent (251) of the
employees. average monthly income or $250.00 per month per per-
. .
son, whichever is less. Provided ~lways, that rental prices
shall be indexed to the annually adopted employee housing
guidelines approved by the City.
2. In addition, the forty-three (43) units in the Alpina
k'_
Haus Lodge shall be and hereby are restricted to a maximum occu-
pancy of forty-six (46) employees, with first priority to be
given at all times to employees of the hotel(s) or lodge(s) in
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8001{ . 574 PAGE 876
operation from time to time on the lands encompassed by the
above-referenced P.U.D. Agreement for Asp~n Mountain Subdivision.
Verification of an employee's income and employment qualifica-
tions shall be accomplished by the City of Aspen or its designee
prior to and as a condition of each employee's occupancy of a
unit in the Alpina Haus Lodge.
3. The dedication and covenants contained herein shall be
deemed a burden upon and to run with the title to the Alpina Haus
Lodge, shall be binding upon the Owner. and his successors and
assigns and upon all other persons or entities having any right,
. .
title or interest in or to' the Alpina Haus Lodge or any part
thereof, and shall inure to the benefit of and be specifically
enforceable by the City of Aspen or its designee by any appropri-
.,...
ate legal action including injunction, abatement or eviction of
non-complying tenancies, all for a period of fifty (SO) years
from the date of recording hereof in the Pitkin County real prop-
erty records.
4. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by written instrument executed by both the Owner
or his SUccessors or assigns and the City of Aspen, COTorado and
duly recorded in the Pitkin County real property records.
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BOOK
574 p~GE877
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
seal as of the day and year first above written.
OWNER:
f/!!!" (fuh
Johrr H. ROberts, Jr.
STATE OF ~
COUNTY OF PI T~(,. f\
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Th~foregoing Dedication wa~ rcknowledgcd before me this ~
day of ~~YY\. .~:y , 1985, by John H. ROberts, Jr.
Witness my hand and official seal.
My commission expires: ~la9]8~ .
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BOOK 574 p~GE878
b. By review the Housing Authority may vary from the
adopted generation guidelines if an applicant clearly
demonstrates to the Housing Authority that the genera-
tion guidelines are not applicable to their proposal.
The generation guidelines will be adhered to initially,
however the applicant has the opportunity to submit to
the Housing Authority after two years of full operation
an audited accounting of employees. The audit shall be
performed by a third party auditor mutually agreed
upon by the Housing Authority and the applicant. If at
that time the applicant does not generate the employ-
ees as calculated by the Housing Authority's generation
guide lines the applicant would be credited for the
difference and allowed to use the credits on another
project or may sell the credit to other applicants in
accordance with the Employee Guidelines then in effect.
c. For purposes of calculating employee generation a full
time employee equivalent (FTE) is a person who is paid
annually on a basis of 2080 hours per year (173.33
hrs./mon. x's 12 months).
d. Aspen Code only - Affordable housing may be provided on
the same site or on an alternate site as the proposed
development, provided that credit shall only be given
for dwelling units located within the City of Aspen or
the Aspen Metro Area, as this area is currently defined
by the Aspen/Pitkin County Growth Management Policy
Plan. Applicants proposing to provide employee housing
on an alternative site shall be required to demonstrate
its feasibility through demonstrating that they have an
interest in the property or dwelling units, and by
specifying the size and type of units to be provided
and any physical upgrades to be accomplished.
e. Should a proposed development cause the displacement of
housing units which are currently deed restricted to
employee housing guidelines, then the applicant shall
only receive credit for housing for the net number of
employees to be housed by the proposed development,
reflecting the number to be housed in the new units
minus those housed in the existing units, rather than
for housing the gross number of employees housed in the
new units.
f. The deed restrictions created to obtain credit for
deed restricted housing may be amended by agreement
between the property owner and the City council upon
the review of the Housing Authority.
2
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Bf 574 PAGE879
I
nOUSING CRITERIA
I
Developers shall use these criteria for occupancy standards,
square foot ranges, square foot prices for sale or rental units,
requirements for dormitories, payment-in-lieu, employee lots and
deed restricting existing units.
I
A.
OCCUPANCY STANDARDS
I
Table I sets forth the standard for the number of bedrooms
to accommodate a family of a given size. These standards
shall be used when calculating employee unit requirements in
the construction of sale or rental units.
I
TABLE I
OCCUPANCY STANDARD
April 1988 to April 1989
I
unIT TYPE
DORMITORY/LODGE
STUDIO
ONE BEDROOM
TWO BEDROOM
THREE BEDROOM
(or. larger)
SQUARE FOOT RANGES
r.
OCCUPANCY.
1.00 emp.
1.25 emp.
1.75 emp.
2.25 emp.
3.00 emp.
I
B.
I
Table II sets forth the allowable net livable square foot
ranges to be used in the calculation of rent and sale prices
of employee units. Square footage is net livable sq. ft. as
defined in the Glossary. Developers may choose to construct
larger units, however, rents and sale prices shall be calcu-
lated according to the following:
I
I
TABLE II
NET LIVABLE SQUARE FOOT RANGE
April 1988 to April 1989
I
, LOW MODERATE MIDDLE
Dorm/lodge 150-300
studio 300-500 400-500 600-700
1 Bedroom 500-600 600-700 700-800
2 Bedroom 650-850 '700-1,000 900-1,100
3 Bedroom 850-1,000 1,000-1,100 1,100-1,300
*Single-family N/A 1,200-1,300 1,300-1,500
* Square foot range does not include area for garage.
f
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BOOK
574 PAGE880
CONDITIONS:
I.~,f,
;~f;
a. Upon demonstration by an applicant that he can and
will provide employee housing to the extent to which
the demand for low and moderately priced housing would
be increased by the proposed development, the minimum
square foot stipulation may be waived with approval
after special review of the Housing Authority.
b. Should an applicant propose a unit which is larger than
provided for by the guideline, then its rental or
sales price shall not be greater than that allowable
had the housing unit complied with the applicable size
limitations.
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SQUARE FOOT SALES PRICE - SALE UNITS
Allowable sales price per square foot for the sale units is
described in Table III.
TABLE III
SALE PRICE PER SQUARE FOOT AND LOT PRICE
April 1988 to April 1989
TYPE
LOW
MODERATE
MIDDLE
PRICE/ S.F.
$67.00
$93.00
$118.00
LOT
N/A
$20,000
$25,000
CONDITIONS:
a. Middle income sale units will not be considered for GMP
points.
b. Square foot price is calculated on net square feet of
living area, as defined in the glossary.
c. Sale prices will be rounded to nearest $100. The
average income in each category for each size unit
will be used to determine affordability.
d. All sale units will be offered through the Housing
Authority to all qualified persons under procedures es-
tablished by the Housing Authority of the City of Aspen
and Pitkin County.
e. In the event employee units associated with a lodge,
commercial or residential development are employer
owned, persons employed directly by the owners shall be
given first priority. In the event there are no
persons directly employed by the owner who qualify or
are available, the unit shall then be offered to other
qualified senior residents, employees, music students
or academic personnel according to limitations con-
tained in these guidelines. Commercial or lodge
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BD~5 7 ~ PIlGE 881
f.
developments shall not be restricted to housing
employees of their own business, but shall also be
permitted to house qualified employees of the community
at large. It is anticipated that proposed housing
units will be required to be restricted to the low
income price and occupancy guidelines. Provided,
however, that at the time the applicant requests growth
management exemption pursuant to the appropriate City
or County Code, Housing Authority review of the current
community need for housing, evaluation of the affor-
dability of the units to employees and establishment of
the appropriate price and occupancy category to which
the units should be restricted.
All units offered for sale must be fully constructed
and ready for occupancy (i.e. appliances, floor
covering, etc.).
When existing units are purchased to meet the employee
obligation, a level of upgrade must be approved by
the Housing Authority equal to the standards
established as follows:
1. A unit must be freshly painted; all appliances
must be in good working order; new carpeting will
be provided (unless carpet has been purchased in
last three years and is in good condition);
exterior shall be painted; and a general level
of upgrade to yards, windows, heating, plumbing,
and electrical shall meet UBC standards and shall
be approved by the Housing Authority.
2. Applicant shall provide documentation acceptable
to the Housing Authority showing ownership or
other agreement granting written permission from
the record owner to submit the proposed project to
be converted.
All employee housing units constructed and operated as
100% employee housing without any associated free
market or commercial development, may be exempt from
the housing price guidelines, if approved by the City
Councilor the BOCC, and shall be controlled by
separate agreement with the Housing Authority.
All lots must be fully developed and ready for con-
struction, i.e., improved lots with water or well,
sewer or septic, roads, telephone and electrical in
place.
g.
5
CONDITIONS:
a. Square
feet of
Rental
units.
Middle income rental units will not be considered for
GMP points.
Rental rates shall include utilities metered in
common, condo dues, management costs and taxes.
Occupants of deed restricted rental units must be
qualified prior to occupancy by the Housing Authority.
In the event employee ~nits associated with a lodge,
commercial or residential development are employer
owned, persons employed directly by the owners shall be
given first priority. In the event there are no
persons directly employed by the owner who qualify or
are available, the unit shall then be offered to other
qualified senior residents, employees, music students
or academic personnel according to limitations con-
tained in these guidelines. Commercial or lodge
developments shall not be restricted to housing
employees of their own business, but shall also be
permitted to house qualified employees of the community
at large. It is anticipated that the proposed housing
uni ts will be required to be restricted to the low
income price and occupancy guidelines. Provided,
however, at the time the applicant requests growth
management exemption pursuant to the appropriate city
or County Code, Housing Authority review of the
current community need for housing, evaluation of the
affordability of the units to employees and establish-
ment of the appropriate price and occupancy category to
which the units should be restricted.
All rental units must be fully constructed and
ready for occupancy (I.e. appliances, floor covering
etc. ) .
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BOOK 574: PAGE882
SQUARE FOOT RENTS - RENTAL UNITS
The allowable rental price per square foot is described in
the following table:
TABLE IV
RENTAL PRICE PER SQUARE FOOT
April 1988 to April 1989
TYPE
LOW
MODERATE
MIDDLE
PRICE
$ 160
$ .85.
$1.17
b.
foot allowance is calculated on net square
livable area, as defined in the glossary.
rates shall not be increased for furnished
c.
6
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E. REQUIREMENTS FOR DORMITORY/LODGE
BOni, 574 P~GE 883
CONDITIONS:
d.
e.
f.
g.
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I
By review of the Housing Authority an applicant may satisfy
the employee housing requirements by the construction of
dormitorY/lodge units. The dormitory/lodge shall be con-
sistent with the following standards and shall meet the ap-
propriate Housing Authority standards and the appropriate
City or County Land Use Code and the Uniform Building Code.
Dormitory/Lodge units shall be required to meet the
following minimum standards:
a. There shall be an average of 150/300 square feet per
person of net living area including sleeping, bathroom,
cooking, and lounge used in common. Non-liVing areas
including interior or exterior hallways, parking,
patios, decks, laundry rooms, storage and mechanical
areas shall be provided but not counted in the net
living area. DormitorY/lodge rents shall be calcu-
lated on the net average square feet of living area as
defined above. Rental rates shall include all utilit-
ies metered in common, management costs and taxes.
b. One bathroom shared by no more than four persons,
containing at least one water closet, one lavatory, one
bathtub with a shower,and a total area of at least 60
square feet.
c. A kitchen facility containing a sink, stove and refri-
gerator and shared by no more than four persons and a
total area of at least 60 square feet or access to a
common kitchen.
Use of 20 square feet per person of enclosed stor-
age area located within or adjacent to the unit.
All units shall comply with UBC standards.
An existing dormitorY/lodge employee unit may be
approved if smaller than the 150/300 sq. ft. if it can
be demonstrated by the developer that the unit warrants
special consideration i.e. other amenities not usually
associated with dormitory.
A manager or assistant manager who is in the moderate
income range may occupy the unit. However, rent will
be calculated based on the low income guidelines.
Lodge owners may be housed in dormitory lodge units if
their income is in the moderate income range and if
they work full-time for the lodge operation.
7
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F.
BOOK 574 PAGE884
PAYMENT IN LIEU
A applicant for a development may satisfy the employee
housing requirement of City of Aspen Code Section 24-
11.10 (i) or Pitkin County Land Use Code, Section 5-300,
(as applicable) through a payment-in-lieu fee as stated
below:
Acceptance of the payment-in-lieu option shall be at the
sole discretion of the city Councilor County Commissioners
based on recommendation by the Housing Authority. The
Housing Authority will evaluate an applicant. s payment-in-
lieu proposal based on the following criteria:
1. Whether the Housing Master plan is furthered by the
payment.
2. Whether the applicant.s site is appropriate for
employee housing.
3. Whether the applicant.s site is well suited for the
development of affordable housing, taking into account
the availability of services, proximity to employment
opportunities and whether the site contains environ
mental constraints to development.
4. Whether the method of payment proposed will result in
employee housing being produced prior to or at the
time the impacts of the development will be experienced
by the community.
5. Whether the development itself requires the provision
of affordable housing on site to meet its service
needs.
6. Whether the size of the development is such that
production of housing by the applicant is not feasible
or the monies to be paid are so significant that it is
not likely the City could produce affordable housing
because of the magnitude of the project it would be
required to develop.
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8001.
574 PnGE885
ESCROW INSTRUCTIONS
'l'HESE ESCROW INS'l'RUCTIONS are made and entered into
as of the day of , 19 , by and between
SAVANAH LIMI'l'ED PARTNERSHIP, a Distr-ict of Columbia limited
partnership ("Savanah"), and THE CITY OF ASPEN, a Colorado
municipal corporation ("City"), and are given to the FINANCE
DEPARTMEN'l' OF THE CITY OF ASPEN, Pitkin County, Colorado
("Escrow Agent") with reference to the following:
RECITAL
Savanah and the City have entered into that certain
First Amended and Restated Planned Unit Development/Subdivision
Agreement - Aspen Mountain Subdivision dated ,
1988, and recorded in Book at Pages of the Pitkin
County, Colorado real property records ("Amended PUD Agree-
I ment"), Section H, paragraph 10 of which obligates Savanah to
I fund an escrow account in the amount of $250,000.00 for use by
the City in defraying the cost of engineering studies, infra-
structure improvements, acquisition of rights-of-way or other
matters determined by the City in the exercise of its good
faith discretion to better promote and implement a comprehen-
sive unified drainage plan and system for Aspen Mountain.
NOW, THEREFORE, in order to implement the provisions
of paragraph 10 of Section II of the Amended PUD Agreement and
in full and complete satisfaction and discharge of the obliga-
tion of Savanah t.hereunder, Savanah herewith deposits with
Escrow Agent the sum of $250,000.00 (the "Escrow Fund"). With
respect to the Escrow Fund, the parties hereby instruct Escrow
Agent as follows:
1. The Escrow Agent shall, as soon as in the
circumstances is practical, deposit the Escrow Fund in a
separa te interest-bearing (money fund) account with Central
Bank of Aspen, which account, such Bank has confirmed, shall be
insured to the extent of FDIC limits and shall be backed by a
pledge of that Bank's assets pursuant to the Colorado Public
Deposits Law.
2. Savanah shall, upon its written request, be
entitled to be paid quarterly all interest that accrues on the
Escrow Fund.
3. The City, at any time up to , 19 ,
and from time to time, shall have the right to draw upon tne
Escrow Fund in order to defray the costs of engineering
studies, infrastructure improvements, acquisition of rights-of-
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BODY. 574: OAGE886
way or other matters determined by the City in the exercise of
its good faith discretion to better promote and implement a
comprehensive unified drainage plan and system for Aspen
Mountain. The Escrow Agent shall, however, honor no draw
request of the City in this respect unless:
(i) such draw request is in writing specify-
ing the nature of the expenditure to be paid by the
City from the Escrow Fund;
(ii) Escrow Agent has determined and City has
produced for Escrow Agent sufficient proof that
Savanah has been given ten (10) days' prior written
notice of the intention by the City to draw upon the
Escrow Fund for the reasons expressed in the draw
request of the City; and
(iii) such ten-day period has fully lapsed and
Escrow Agent has received no objection from Savanah
to the honoring of the draw request for the City by
Escrow Agent.
In the event Escrow Agent receives from Savanah a written
objection to the draw request of the City within the ten-day
period next succeeding its receipt of notice of the intention
of the City to draw upon the Escrow Fund, the Escrow Agent
shall not honor the draw request of the City but, instead,
shall refer the matter to the Aspen City Council for hearing to
determine whether or not the expenditure proposed in the draw
request of the City is or is not reasonably related to the
promotion and implementation of a comprehensive unified drain-
age plan and system for Aspen Mountain. If the City Council
sustains the objection of Savanah, in whole or in part, the
Escrow Agent shall not honor the draw request of the City
Engirieer, or so much thereof as was objected to. If the City
Council overrules, in whole or in part, the objection of
Savanah, Escrow Agent shall honor the draw request of the City
or, as the case may be, so much thereof as is not within the
scope of an objection sustained.
4. In the event there remains any sums within the
Escrow Fund on , 19 I the amount so remaining in
the Escrow Fund shall thereupon--be forthwith paid by Escrow
Agent to Savanah and the escrow hereby created shall, from then
and thereafter, cease to exist and Escrow Agent shall be
relieved from all further obligations of performance hereunder.
5. All notices under the terms of this Escrow
Agreement shall be in writing, hand delivered to Escrow Agent
at 130 S. Galena Street, Aspen, Colorado; to Savanah c/o Hadid
Aspen Holdings, Inc., 600 E. Cooper Avenue, Aspen, Colorado,
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BOOK
574 PAGE887
wi th a copy to Robert w. Hughes, Esq., Oates, Hughes &
Knezevich, P.C., 533 E. Hopkins Avenue, Aspen, Colorado; and to
the Aspen City Manager, 130 S. Galena Street, Aspen, Colorado
81611, with a copy to the Aspen City Attorney, 130 S. Galena
Street, Aspen, Colorado 81611.
6. No amendment of this Escrow Agreement is binding
on Escrow Agent unless such amendment is in writing signed by
all parties hereto and deposited with the Escrow Agent. Should
any dispute arise among the parties hereto or with any third
parties or should Escrow Agent receive conflicting demands with
reference to the Escrow Fund, the Escrow Agent may, at its
option, but without limiting other rights, stop all proceedings
in the performance of the Escrow Agreement and withhold deliv-
ery of the Escrow Fund until such dispute or conflicting
demands have been resolved and written proof thereof has been
delivered to Escrow Agent, or Escrow Agent may file an inter-
pleader suit in District Court, Pitkin County, Colorado. On
the filing of an interpleader suit, the Escrow Agent shall be
fully released and discharged from any obligations or liability
in connection with the Escrow Fund.
7. The parties agree to indemnify, pay and hold
harmless Escrow Agent from all charges, damages, judgments,
costs, expenses and reasonable legal fees expended or incurred
by Escrow Agent in the performance of its duties hereunder.
8. The parties acknowledge that the Escrow Agent is
a mere stakeholder and should not be required to perform any
services or duties except the safekeeping of money or other
documents received by it and the disposition of the same in
accordance with the written instructions of this Escrow Agree-
ment.
9. The Escrow Agent shall not be liable for the
lack of authority of any person to execute this Escrow Agree-
ment, any notice required by this Escrow Agreement or any
amendment to this Escrow Agreement. The Escrow Agent shall not
be liable for the failure of the parties to comply with these
instructions or any documents filed or referred to herein. The
Escrow Agent shall not be liable for any inadvertent failure of
the Escrow Agent to comply with these instructions or any
agreement or document filed or referred to herein, fraud
perpetrated on any person in connection with the Escrow Agree-
ment, forgeries or impersonations occurring in connection with
the Escrow Agreement. The Escrow Agent shall not be responsi-
ble for the sufficiency, correctness or validity of any instru-
ments deposited with the Escrow Agent. The Escrow Agent shall
be liable only for its willful acts or any misconduct with
respect to the Escrow Agreement.
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BOO~
574 PAGE888
IN WITNESS WHEREOF, this Escrow Agreement has been
made and entered into and these Instructions have been given as
of the day of , 19__
SAVANAII LIMITED PARTNERSHIP, a
District of Columbia limited
partnership
By: 1001, INC., a District of
Columbia corporation, general
partner
By
AT'l'EST:
THE CITY OF ASPEN
City Clerk
By
Mayor
THESE ESCROW INSTRUCTIONS ARE ACCEPTED AND RECEIPT OF THE
ESCROW FUND IS HEREBY ACKNOWLEDGED THIS DAY OF
19
,
THE CITY OF ASPEN FINANCE
DEPARTMENT
Director
rwh29.12
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To:
From:
Date:
Re:
r ASPEN+PITKIN r~XIIIBIT" I "
EN~IRaNMENTAL HEALTH DEP.A....TMENT
BOOK 574: PAGE8S9
ffu [8' C0 r' ~ ":'. .-:
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MEMORANDUM
Alan Richman, Director
Planning Office
- oj
Thomas S. Dunlop, Director -r ~ j""-c
Environmental Health Department
February 18, 1988
The Ritz-Carlton Aspen GMP and PUD Amendments
Parcel IDt 2737-182-00-001-004
2737-182-91-001-004
================================================================
The Aspen/Pitkin Environmental Health Department has reviewed the
above-mentioned land use submittal for the following concerns.
The authority for this review is granted to this office, which is
a recognized land use referral agency, by the Aspen/Pitkin
Planning Office.
SEWAGE TREATMENT AND COLLECTION:
The applicant has agreed to serve the project with public sewer
as provided by the Aspen Consolidated Sanitation Districts. This
is in conformance with Section 1-2.3 of the Pitkin County
Requlations On Individual Sewage Disposal Systems policy section
to "require the use of public sewer systems wherever and whenever
feasible, and to limit the installation of individua1 sewage
disposal systems only to areas that are not feasible for public
sewers"
ADEQUATE PROVISIONS FOR WATER NEEDS:
The applicant has agreed to serve the project with water provided
by the Aspen Water Department distribution. system. This
conforms with section 23-55 of the Aspen Municipal Code requiring
such projects .which use water shall be connected to the munici-
pal water utility system".
AIR QUALITY:
Woodburning Devices:
The applicant has specified one fireplace in the lobby/lounge
area of the hotel. No other woodburning devices are shown on the
plan. City of Aspen Ordinance 86-5 dealing with woodburning will
allow the project one woodburning fireplace and one certified
woodburning stove in the hotel building. With the identified
number of devices noted the project is in compliance with the
ordinance.
130 South Galena Street
Aspen, Colorado 81611
303/925-2020
!It'~
,.
( ASPEN.PITKIN r
ENv'l..-40NMENTAL HEALTH DEPA. fMENT
BOOK 574 P~SE 890
Ritz-Carlton, GMP/PUD
February 18, 1988
Page 2
There is a strong possibility, due to changing air pollution
control laws, that within 3-4 years gas log installations may be
required in fireplaces that previously burned wood. It may be to
the advantage of the applicant to install a natural gas line to
the area of the fireplace for ease in a possible future con-
version.
Restaurant Grills:
There are four different dining formats described in the
submittal. A cafe, grill, specialty restaurant and a small
private dining room are defined. City of Aspen Ordinance 83-12
will apply to the type and controls necessary on the use of
charbroiler type cooking surfaces that may be installed in the
facilities.
Indoor Smoking Control:
City of Aspen Ordinance 85-35 known as the Clean Indoor Air Act
will apply in designation of smoking and nonsmoking areas of the
hotel.
Construction:
The applicant shall apply to the Colorado Health Department; Air
Pollution Control Division for an emission permit and fugitive
dust control plan to address air impacts associated with
construction activities. The fugitive dust control plan can be
filed with this office for local review and approval. Should the
Colorado Health Department review the emission permit application
and determine no permit is necessary, the filing fee will be
refunded. The requirements for this request can be found in
Regulations 1 and 3 of the Colorado Air Qualitv Control ReQula-
tions and Ambient Air Qualitv Standards. Application forms can
be picked up at this office for filing with "the State and .County.
An example of basic inclusions in the fugitive dust control plan
will be; removal of all dirt and mud carryout that is deposited
on City streets in a manner approved by this office and control
of windblown dust that will be transported off the property
boundary by use of water or dust suppression chemicals.
General:
Care shall be taken to design an adequate air handling system
that will remove air contaminants generated by vehicle engines in
the underground parking structure.
NOISE:
130 South Galena Street
Aspsn, Colorado 81611
303/925-2020
f ASPENePITKIN r
EN\>"'- -40NMENTAL HEALTH DEPJ'.\. fMENT
BOOH 57 ~ PAGES91
Ritz-Carlton, GMP/PUD
February 18, 1988
Page 3
There will obviously be noise impacts in the immediate neighbor-
hood of the hotel. In fact, due to the magnitude of the
construction activity proposed, severe noise impacts can be
anticipated. The applicant shall be aware of Chapter 16 of the
Aspen Municipal Code titled Noise Abatement. Maximum noise
levels are described that will regulate the sound levels
generated at the project.
Most complaints are anticipated during construction, but there
may be longer term impacts felt should care not be given to noise
generated from lounge/bar areas, amplified music areas and
delivery docks.
Should complaints be received by this office, response will be
made using the referenced document for enforcement investigation.
CONFORMANCE WITH OTHER LAWS:
Food Service:
I
~
As mentioned above, there are various dining areas proposed for
the hotel. The applicant shall be aware of Title 12 Article 44
Part 2 C.R.S. 1973 - Food Service Establishment Rules and
ReQulations GoverninQ The Sanitation Of Food Service Establish--
ments In The State Of Colorado', July 1, 1978. Plans and
specifications for the food service areas are required to be
reviewed and 'approved by this office prior to construction.
Compliance with this regulation will be required before issuance
of a Colorado Food Service License to the facility.
Swimming Pools:
The plan indicates one swimming pool and one spa/hot tub will be
installed in the hotel.
The applicant shall be aware of the Colorado Swimm~nQ Pool
ReQulations and Standards, September 19, 1973. Compliance with
that regulation will be required. Plans and specifications are
required to be reviewed by this office prior to construction and
public use.
Contaminated Soils:
The applicant is advised to contact this office for comment
should mine waste, waste rock or mine dumps be encountered during
the excavation phase of the project. Disposal of such materials
off-site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
This is not a requirement, but simply a request based on past
130 South Galena Street
Aapen, Colorado 81611
303/925-2020
{ ASPEN.PITKIN r
EN. AONMENTAL HEALTH OEPA rMENT
BOOK 574: PAGE 892
Ritz-Carlton, GMP/PUD
February 18, 1988
Page 4
experience in dealing with mine waste and possible negative
impacts to humans.
Contact this department for copies of any of the laws and rules
and regulations mentioned in this review.
I
~.
130 South Galena Street
Aspen, Colorado 81611
303/925-2020
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. BOOK 574 PAGE 893
SCHEDULE I
CONTINENTAL INN RENOVA'frON PIWGRM1
(a) The old existing structures located west of the
Continental Inn will be removed in the Spring of 1905. This area
will become a surface parking lot for Hotel Phase 1. 1'he land
north of the Inn (between Dean and Durant Streets) will serve as
a staging area, parking, offices and housing (in existing struc-
tures such as the Hillside Lodge) during the construction of
Hotel Phase I. This site will be cleared of all structures and
landscaped upon the opening of Hotel Phase I and will remain as
open space until the new east wing of the hotel (Hotel Phase II)
is constructed.
(b) The publ ic spaces of the Inn will be cl eaned,
brightened up and repainted. The character of these internal
publ ic spaces will be improved through selective use of 1 ighting,
colors, carpets, furnishings, plants and other aCgerits. Opera-
tional plans will be developed to maximize the efficiency and
productivity of such spaces as the meeting rooms, shops, the
lobby lounge area and front desk. Some hotel functions will be
relocated to certain guest rooms in the basement which are
considered to be unrentable.
(c) Exterior improvements will include cosmetic changes to
the exterior, painting and landscaping. The roof will be
repaired and equipment and mechanical repairs will be made.
(d) Guest rooms will be cleaned, broken or torn items
replaced and selective painting and grouting will be done. All
damaged or broken furnishings will be repaired or replaced. A
number of substandard guest rooms will be converted to office
space, vending areas and storage areas.
(e) New or improved life safety features will include:
peephol es and secur i ty, s ig nag e, smoke de tee to r s, secur i ty and
fire safety signage, improved lighting, exit signs, employee
training programs in fire safety, C.P.R. and first aid, improved
water service and fire hydrants, security patrols and pre-
ventative maintenance programs for all systems.
(f) Depending on the results of feasibility studies for the
timing of construction of "otel Phase II, a minimum Continental
Inn budget of $250,000 will be spent initially. If the Owner
decides to leave the Continental Jnn in place for 5 years or
longer, Owner commits to spend at least $1,200,000 on Continental
Inn upgrading during the next 5 years.
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BOOK
574 PAGES94
SCHEDULE 2
FIRE PREVENTION MEASURES
I. HOTEL COHPONENT (Phases I and II):
A. Automatic Sprinkler System' (UDC Standard 30-1).
D. Class I Standpipes (designed in accordance with
UDC Standard 38-3).
C. Smoke Detection
1. In elevator lobbies (designed in accordance
with UDC Chapter 51).
2. In all mechanical rooms.
). Single station detectors shall be installed
in all guest rooms to provide local alarm.
4. Return air risers (as per UDC Section
1007(d)(3).
D. Elevators Will Conform to UDC Chapter 51, and will
be Separated from Exit Access Corridors as Per UDC
Section 1007(h).
E. Communications
1. A voice alarm system shall be installed
throughout the facility.
2. A public address system shall be installed in
public spaces.
3. A ~wo way fire department communications sys-
tems shall be installed in the central con-
trol station and elevators, elevator lobbies
and enclosed exit stairways.
F. Standby Power Sh~ll De Provided For:
1. Exit Signs
2. Elevator Car Lighting
3. Voice Alarm and Communication Systems
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Bon~
574 p~G~895
4. Fire Suppression and Detection Equipment
5. Central Control System
G. A Central Control Station Shall De Provided and
'Contain the Following:
1. Voice Alarm and Public Address System Panels.
2. Fire Department Communications Panel.
3. Fire Detection and Alarm System Annunciator
Panels.
4. Status Indicators and Controls for Elevators.
5. Controls for Unlocking Stairway Doors.
6. Sprinkler Valve and Water flow Detector Dis-
play Panels.
7. Standby Power Controls.
8. Telephone for Fire Department.
11. 700 SOUTH GALENA COMPONENT:
A. An Automatic Sprinkler System shall be Installed
in the Garage as per Code Requirements.
D. A Fire Alarm System as Required by Code.
C. Code Conforming Exits and Doors.
.
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eeOK 574 p~GE896
SCHEDULE 3
WATER AND ENERGY CONSE~VATION MEASURES
I. 1I0TEL COHPONENT (Phases I and II):
A. Water Conservation
1. Water saving shower heads, faucets and
toilets will be specified
B. Energy Conservation
1. Structure oriented to maximize passive solar
gain.
2. Roof overhangs designed to permit winter sun
in and keep summer sun out.
3. Solar glazing will be used on areas where
shading devices cannot be used. North facing
glazing will be minimized.
4. A large portion of the support facilities are
located underground.
5. Multiple levels and double loaded corridors
reduce energy consumption.
6. The hotel will have a computer controlled
energy management system which will control
heat, ventilation and air conditioning sys-
tems (IIVAC).
'(
7. Waste heat from main boilers will be used to
heat domestic water.
o. Insulation will exceed local requirements _
Roof - R-30
Exterior Walls - R-19
Between Floors - R-Il
Floor Over Garage - R-l9
Slabs On-Grade - R-ll
Below Grade Walls - R-20
.
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Baal{
574 PAGES97
II. 700 SOUTH GALENA COMPONENT:
A. Water Conservation
1. No specific conservation measures. repre-
sen ted.
B. Energy Conservation
1. Structures oriented to take advantage of
solar gain.
2. South facing glazing and skylights will pro-
duce passive solar gain and reduce lighting
requirements.
3. Heating units will be state-of-the-art
minimum energy imput systems.
4. Mechanical systems will be designed and
insulated for increased efficiencies.
5. The thermal mass within the buildings will be
insulated on the exterior to provide an
internal thermal sink preventing excess tem-
perature swing inside the structures.
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SCHEDULE 4
800K 574 F4GES99
AUTOMOBILE DISINCENTIVES
1. Four courtesy vans will be available within the PUD for
owners and guests.
2. Valet parking will be employed by the hotel during peak
occupancy periods (Christmas, President's Day, Memorial
Day, Labor Day and July 4th).
3. Hotel brochures will provide information on bus service
and courtesy vans.
4. Hotel employee housing will be on a transit route and
most will be located within walking distance of the
ho te 1 .
5.. Tr ansi t passes wi 11 be purcha sed by the hi> tel fo r any
employee needing one to commute to work.
6.' A hotel shuttle will be provided for seasonal employees
residing down valley.
.
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80m~
574 p~GE899
SCHEDULE 5
HEllO TO: Jim \oliIson
FROB: John Ostudd .
RE: Lile Safety Inspection at the Copper Horse
DATE: llarch 20, 198.5.
I. Combustible decor4tive ~ood 1s too close to the fire box oC the fire-
place. Sec. 3707 (Ia) 1979 U.B.C.
be placed wilhin I Inch of nreplaee, rmokc chamber or chimney walls.
COll1buSlible mlwialshall nol be placed ,,'IIh1n 6 Inehel o( Ihe fireplace
opcninl. No .uch co/nbuJllble malerlat:1lI'ithln J1 Inehcs of Ihe fireplace
openina .hlll prbj~t1 more Ihan X Inch (or cach J.lnch clearance from
such openinl. '. .
2. Rooms not having a minimum area of 70 square feet. not to be used
as habitable rooms. Sec. 1207 (b) 1979 U.B.C.
(b) noor Artl, Every dl".elJlnl unllshall have.. lelll one room which
.hall have nol leu Ihln 110 'QUlle (eel of noor IICI. Olher habiuble
room. ucepl kilchen.',."al!' have an IllCl o( nol lu) I1lIn 70 square reel.
I EHieiency dwi:llinl unils shall comply wllh Ihe requlremenu of Swion
1201. . ' .
). Bedroom above. the 'first floor to have t~o qualifying exits. Sec. 3302
1979 U.B.C.
Exlls Requlrld .
St(. JJ01. (I) Numbtr or ull.. Every bulldlnl or usable rortlon
Ihereor .hlll have allelll OM exll and .hall have nol leu than Iwo ulu
"'hue required by Table No. J).A.
In .11 occupancle., noor; above Ihe nlll.lory hlVlnl an occupanl load
or m~rc Ihan 10 ,han have nol lelllhan Iwo ulu.
l.. . Boiler vent too clon to roof. Section 906 (d) and Figure 1
1979 U.B.C.
(d) Type B or B"'. i. Type D 0; DW .u vent shaUlrrmlnlle nOI leu
IlIln I fOO( above Ihe roor Ihroulh which II PUltS nor le1llhan ~ red horn
Iny portIon or IlIe bulldinl ....hlch ulfnd. II an anllr or more Ihan 4)
delretl upward horn Ihe h~ri1onlll nor leulhan .hown In Filun No. I.
,
,------
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FIGUnE "0. ,
offices:
110 East Hallam Street
^ ~ n p n r ~ , ~ _ _ __, _ r-o... ~ - -
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50G Ennt Mnl,', ct.....r>....~
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BOOK 574. PAGE 900
5. Fire alarm system All required by Chapter 9 Sec. 13.307 (f) DC the
Aspen Hunicipal Code.
(l) An Inlidlf audible aJann It to be Inallllled
wherever an alum fa required by Sedion 13.301 o(
. the Uniform Fire Code or Section 3802 o( the
Unirorin DulldinlC Code, except In .Ingle fllmily,
duplex, triplex, or fourJJJex ruidentiaJ dwelling..
In the ClUe oC public .uembJy ftru. with an
occupant load oC one hundred (l00). or more
penon. .or where, In the opinion DC the buildinlC
uCfionl or the fire mauhaJ, the imtallation o( nn
inside alarm may result in crealinlC panic, the
alarm .igna! .hall be inltaJled in an a ltended
area (e,g. projection booth, manager'. office) from
6. The vindous in the \Jest side 'of the addition \Jere illegal \Jhen installed
by Table SA of the'1973 U.B.C. If the addition is closer than five feet
to the property line,. then they \Jould be illegal by Table SA of the 1979
U.B.C. ~e need a current survey to determine.
JOlt HO. S.~tnlJ"u.'
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R I-IIolrh and 11'.;.",rnl houtU .: ' I hour ItII.hln S frC1 No. rcrmhtrd Irll
Sre aho
SIClion . Con"tnll Ind mOnl!1e.hl (uch ICcommodllln. mort ')lIn 10 f'fOonl) Ihan j Ictl
DOl
J-Owcllinll and loel.lna houn:. I hou', lell.hln '.luI tlo. ,,<<mill cd Ie II
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BOOK
574 PAGEgbV
llE110 TO: Jim \lil6on
FROM: Tom Voorhies
RE: LiCe Safety Inspection at the Copper Horse
DATE: Harch 20, 1985
J. . This inspection is intended to identify electrical hazards. It is not
intended to determine if the installation complies \Jith current or
past codes.
2. Conductors [or pendant (chain) front porch fixture need pro~ection
"'here they enter cd-ling canopy to prevent abrasion.
). Numerous extension cords lire used for lights an~ lamps in the lounce
alld rooms oC the old portion of building. Receptacle outlets need to
be installed such that extension cords are not needed.
~. The old portion of building has an ungrounded electrical system.
Receptacle outlets \Jitll un~rounded Rrounds have been in~talled at
existing outlet locations. These must be grounded or replaced \Jith
ungrounded types.
5. There are ungrounded .receptacle outlets in the kitchen. These must
be grounded.
6. Exposed 1111 (Romex) cableo in area above dropped ceiling in kitchen must
be supported per N.E.C. code.
7. The electrical panel, located at rear of building, has a 240 v,
06 aluminum circuit protected by a 70 BlDp circuit breaker. This
circuit breaker must be decreased to 50 amps.
8. Ground .!aul t circuit--interrupter' type receptacles shall be installed.
in the. bathrooms ~s required by Sec. 210-3 (a)1 of the 1984 N.E.C.
/O~~~~
TEV:lo
offices:
110 East Hallam Stroot
Asncn. Cnln'~ndn D1G11 ~n~/q=='r":\-r;ql''":t
mall addrBBB:
506 EaBt Main Stroot
^ -~_~ '-~'_.._..J~ n...~..,...
(
SCHEDULE 6
(
tlDIO TO:
Jiln 'Hlson
BOO~
574 PAGE902
FRml: John Ost\Jald
RE: Life Safety Inspection at the Alplna Uaus
935 E. Durant
D/\1E: Uarch 21, 1985
I. The exits Crom the second Cloor balcony are not placed per Section
2JOJ(c) oC the 1979 U.B.C.
(e) A".""m'"1 or Exll.. If only Iwo uiu arc required Ihey .h,1I be
placcd a dislInee anUI equal Ie nolleSllhln one.t.IU of Ihe lenllh o( Ihe
muimum overall dl.,onal dimension o( Ihe buildina or area 10 be served
meuured in, S1uiahlline.belwccn uhs.
2. The spiral staircase serving rooms 32-42 and the loun~e area Crpm the
parking area on the east\olas not constructed as approved, and is not
legal Cor a multi-Camily occupancy R-l per Section 3J05(C) of the
1979 U.B.C.
(() Spiral Shlnurs. In Group R, Division J Occupancies 'nd in privale
suirw..ys will,in individual unill of Group R, Divilion I Occupancies.
:."iral SlairwaYI m..y be Imlllled. Such IIllrw..ys may be used for required
tAilS "'hen Ihe arc... served Is Iimiled 10 0400 square feel.
). The spiral staircase serving the lounge from the kitchen/dining
area is not legal per Section 330S(f) fo the 1979'U.D.C.
(f) Splr.1 511IIWar', In Group R, Dlvlllon J Occupanciu and In privale
s~..irways wilt,in Individual un/II of Oroup R, Division I Occuplnciu.
spinlllairways may be fnSlalled. Such 'Ialrway. may be uled for required
ailS when Ihe area served Is limited 10 0400 .quare feci.
4. Basement apartment has illegal sliding exit door per Section J304(e)
oi the 1979 U.B.C.
(e) Wldlh Jnd Uriah!. Evcry rtq~lrtd uli doorwlY Ihlll be 0(. lilt IS
10 pUlllillhe ins!llllllon of a doornOlltSllhln J leelln wldlh Ind nOllen
.hln 6 leel B inchelln hciahl. When Imlll/ed In uit dOOrWI)'I. uit doors
Ihall be capable o( optninlal 'elll90 delrctS Ind Ihlll be 10 mounled Ih..
Ihe c1ur widlh or Ihe UilWlY It nOllelllhln J2 Inchea. 'n compu1inllhe
ail widlh required by .'itclion HOl (b), the nel dimension of Ihe UilwlY
slull be used. '
. ,
5. The laundry area and the basement spartroent have onl)' one exit each.
They are re<Juired to have t\JO by Section 3J02(a) oC the 1979 U.B.C.
..
For purposel ollhls lectlon. bue~enlJ and OC'Cupied rooh shill be pro.
\ided wilh uiu IS uquired (or Slorica. Floors ibove Ihe second 1I0ry Ind
bJHmenlS shall hive nollell Ihln Iwo ulu ucepl "'hen such floors or
WlClIlenu ue used uclusivcly ror the service of Ihe buildina.
6
(
The I !replaces in the lounge
enough hearth extentions fler
""( '...
and dining area do
Section 3707(k) Co
~'..._ --.J- .~- -....,#
not have large
the 1979 U.B.C.
(I) lIurlh [llm.lonl. Hurlhl Ihall ulend allull 16 Inches (rom Ihe
rronl or. and allUIl .. Inchel beyond each lide of. Ihe fireplace opmin,.
Where the (irtplace openlnl Is 6 Iquare feel or IIIJer. the hearth ultnsion
shall utend II leul 20 Inchu In flonl of, and ai lust 12 Inches beyond
each side of ,I he firepllce op~nln,l. .
7, The hood over the Cry grill in the kitchen is a residential type,
I t is r.equlred to be a conuneridal type 1 by Section 2003 (a) of the
1979 U.H.C. and \lould also be required on a domestic grill by the
1982 U.H.C.
Su. 2ooJ. (I) When Required. Hoods shall be liulllled II or aboye all
mmmerciallYPC deep (at rryen, broilen.fry ,rills, sleam-jackeled hllles.
hot-lOP nncC1, ovens, barbecues, rOlisseries, dilhwuhinJ machines and
similar equipmenl which produce comparable amounll of steam. smoke.
Irule or hut in , rood-procellinl establishment. For the purpose ollhis
JlXlion,' rood.processinl establishment shall include any buildinl or por.
tlon Ihereof used for Ihe proctsslnl or rood bUlshall not include I dwcl.-
lin, unil. .
8. The receptacles and circuits in the community kitchen and the kitchens,
in apartment 42, 43 and the basement need. to comply \lith Section 220-) (b)
(1) and 210-52(b) of the 1984 N.E.C.
(b) Small Applllncl Branch CIrCUItI - DWllllng Unit.
(" In addition to Ihe: number of "ranch circuits determined in
accordance ""ilh (a) above. 1110'0 or more 20.ampere smalllPpliancc bunch'
circuilS shall be "rovided 'or III rcctptacle oUlleu Ipccilied by Stclion
Ho.n ror the Imlll a"plilnce lo.ds. Includinll rehiaelllion c.quipmenl. in
Ihe kilchen. p.nlry. brcaHul room. and .dinina room or a dwcllin~ unil.
Such circuill. whtlher two or more are ulcd, shall hive no olher oulle1l.
(b) 'Counler TopI. In k.itchen and dinina UClS of dwellins unill a
receptacle oullel Ihall be in'lllIed al Clch c.ounlcr Ipace wider Ih.n 12
inchu pOS nHn). Counler 10plpatc.J separated by ranae topl. rcrri~crJlOII.
or sinh shall be considercd II leparale rounter top Ipaeu. Recerllcltl
rendered inaccCJlible by Ippliancu faslened in place or applilnctl
occupyinS dedicated IplU Ihall not be ronsidercd II thue rc.quired
outleU.
9. All other receptacles in apartment.; 42, 43, and the basement need
to comply \lith Section 210-52{a).of the 1984 N.E.C. for maximum
spacing.
,21D-5J. DWllllnD Unit nle.pllell OuU.h. "
(I' Gln...1 Provhlon.. In every lilchen. ramify room. dininl room.
Ih.inR room. parlor. library, den. sun room, bedroom. recru lion room. or
similar rooms of dwellin, uniu. r~eplacle oUllets,hall be in'lJlled so Ihal
, no point alon& Ihe! noar hne in any wllllpace is more th.n 61eel (1.8J mI.
mcasured horizonl.lly. horn an outlel in thai IJ"ce. ineludina Iny wall
Ipl:t 2 reet (610 mm) or morc In widlh Ind the wall Ipace occurled by
slidinjt panch in tllerior ,,'alls. The Will space afforded by liled room
dividers. such II hee,slandin, bUrly;e counlers. shall be included in the
6.rool (1.1).m) measurcment. -
As used in this seclion a "Will SJlaec" ,hall be cOMidered a 110'.11 unbrohn
alone the floor line by doorwIYs. r"eplacu. and similar oJ'(nin~s. Each wall
'Iuee ] or more reel (610 mOl or more) wide shall be trealed individu.lly
:lnd ICfllUldy from othcr walllflaces "'ithin the loom, ^ walllp,ce sh.1I
be pcrmilled 10 include 1110'0 or more "'1111 or a room (around corners) where
unbro\cn II the noor line.
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BOO~
~/4 PAGE904
(
(frN,: The p~"pote or..!h1. requlremenl It 10 miftimiu JlIc uu of eord. IcrOIl
doorwIY1.liocpIaUJ. Ind .imilu opcnin...
ReccplIcle oullel. .hall,llIlofu.. practicable. be lpaced e.quII dislllleu
aparl. ReupllCle outlet. In noon .hall nol be munled II pul of Ihe
.equired number of I<<:eplacle outlell unleu/oaled cl~e to the 10'.11.
The recepllcle oUllet. required by thi. '<<:Iion .h.1I be in Iddirion 10 . ny
uceplacle Ihal il put o( Iny Iighlln& fillure or appliance, localed v.-ilhin
cabinets or cupboardl, or localed over .H~ (ut (1.61 m). above Ihe noor.
10. Uorking space at the electrical equipment in the basem~nt shall be as
requi~ed by Section 110-16(a) and Table 110-16(a) of the 1984 H.E.C.
ARTICLE' IO-REOUIREMENTS. fOR ELECTRlCAllUSTAllATIOIIS 70.21
. In addilion.to Ihe dimensions &lIown In Table..JJO-I6(.). Ihe work space~
. Ihall nol be leu Ihan 30 inchu (762 mm) wide in (ronl o( Ihe declric
equipmenl. .
Tabl. 11o.UI(a). WorUng CI..,inCII
.
.
VolI... I. C',ulld. No.........
"'1II1",u", CI.., Ohl.llc. 1'10'1
COlldlllolll' 2 :I
()'I }O
IS 1.600
)
)
)
)',\
)
.
ll. Each occupant must have access to the electrical disconnects 'as
required by Section 230-12(c) of the 1984 N.E.C. They may not be
locked in the storage closet In the basement as they now are.
(c) AccII. 10 OcctJp,ni,. In I muhiple-oocupancy buildinl. each
occupanl .hall hive accu. to hi. len-ice dilconneclinl munl.
12. General clean up of the laundry area to assure compliance with
electrical and plumbing codes.
13. Installation of a fire alarm system per Chapter 9, Section 13.301(!) .
of the Aspen Hunicipal Code.
(0 An inride audible alarm i. to be inlllalled
wherever an alann iI required by Section 13.307 of
the Uniform Fire Code or Section 3802 oC the
Uniform Building Code, except In mngJe family,
duplex, triplex, or fourplex residential dweJlinKI. .
In the caie DC public 881embly areal with an
occupant load of one. hundred (100) or more
penons or where, in the opinion, of the building
official or the fire manhal, the installalion oC an
inside alarm may result in creating panic, the
alann .ignal ahall 'be installed in an attended
area (e.g. projection booth, manager'lI office) !rom
l~. Smoke detectors as required by Section 1210(a) of the 1979 U.B.C
may be incorporated into the ~larm system:
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BOOl{
574 PAGE905
I Flr..warnlng and Sprlnkl.r S)'.I.m.
. 5<<. 1110. (a) nrt-warDI"1 5,.lem.. Every dwellin, unic and every
KUell room in I hOld or loo,in, house used lor sl~pin, purposes shall be
proyided wilh smoh deceelon eonrormln,lo U.B.C. Sundard No. .).6,
In dwellin, uniu. deleelon shill be mounled on Ihe ceilin, or will II I
poin. eenllllly loelled in Ihe corridor or IIU ,Ivinlleeeu 10 rooms used
ror slupina pu'poses. In In dficiency dwdlin, unic, holel .Ieepin, room
and in hOlel SUilU, Ihe deleclor Ihall be centrally IOUled on Ihe ceilinl 01
'Ihe main room or holcl sleepinl room. Where sleepinl rooms are on an
upper'leyel, Ihe deleclor shill be placed IIlhe cenler 01 Ihe eeilln, direclly
aboye Ihe IIlirway. All deleclon shall be lotaled In Iccordance wilh IP'I
proved manuracluru's Insnucllons. When actualed, Ihe dececlor shall
provide In :alarm in Ihe dwellinl unit or IUCJI room.
15. The boiler room requires a lhr. rated door as required by Section
1212 and should have a second exit as required by.Section 3320(a)
.
of the 1979 U.B:C.
Special Huards
Sec. 1110. (a) Boller, Furnler Ind Inclneulor Room.. Excepl in Group
R, Division) Occupancie., any room conlalnin, I.boiler, lurnace..in. ,
cineulor or olher lucl.fired equipmenl muse be provided wilh Iwo means
01 elreu when bOlh 01 Ihe lollowlnl condilions uisl:
I. The area 01 Ihe room exceeds 500 square leel, Ind
.2. The Iar,ese piece 01 luel.fired equlpmenl exceeds .00.000 Blu per
hour inpul caplcily. . .
IIlwo mear' 01 e"elS mull be provided, one mlY be a filled ladder. The
Q\(ans 01 e,reu musl be seplraled by I horilOnlaJ diuanee nol leu Ihan
hair .he "ea.ell horitonul dimension 01 Ihe room. Where oil. fired boilers
arc used. a 6-ineh noncombuslible sill (dike) .hall be provided. There shall
be: no inlerior openin,s belwern a Oroup 11 Occupancy and an Incineralor
room.
Every room conlllnin, I boiler or cenlral hUlin, planl In Division I
Occupancies shall be scpulled Irom Ihe resl of Ihe buildin, by nol leIS
than I one.hour fire.rcsiselve occupancy,eparllion. ".
16. Ground. fault circuit-interrupter receptacles as required by Section
210-8(a) and 210-52(c) need to be installed.
'(a) DWllllnll Unlls.
. C'I All US.volt: single.phue, 15. and jo.ampcre receplleles in..alled
in. balhrooms shall have &round.rauh ~ifcuil.inlerrupler proleelion lor
pc;sonncl. "
(cl Bal,hroom.. ..In dwellin, uniu.I,1 lelll one wall reccplaclc ou.lel .
sh:lll. l". Inualled In Ihe bllhroom IdJlccnl' 10 Ihe buin locarion. See
SeellOR 210.1(1)(1).
JO:lo
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BOOK 574 P4GE 906
SCHEDULE 9
RESIDENTIAL AND LODGE UNIT VERIFICATIONS
PROJECT
ASPEN MTN.
SUBDIVISION
LOT NO. LEGAL/ADDRESS
NUMBER OF UNITS
TOTAL DEMOLISHED REMAIN'
RESIDENTIAL UNITS:
A. Blue Spruce
Lodge
(North wing)
1
Lots A-D, Block 84,
Townsite (303 E.
Durant Avenue)
2
2
B. North Aspen
Inn Apts.
1
Lots 7 & 8, Block 3,
Conners Add. (711 S.
Mill Street)
6
6
1
Lots 11 & 12, Block 3,
Conners Add.
(300 E. Juniata Street) 1
1
(320 E. Juniata Street) 1 1
C. Hillside Lodge 6 (1) Lots A & B, Block 91, 14 14
Townsite (403 E.
Durant Avenue)
D. Townplace 6 (1 ) Lot C, Block 91, 4 4
Townsite (409 E.
Durant Avenue)
E. Chase 6 (1) Lots 0-1, Block 91, 2 2
Townsite (415 E.
Durant Avenue)
F. Paas 5 Lot K, Block 91, 2 2
Townsite (602 So.
Mill Street)
G. Melville #2 5 Lots 17 & 18, Block 2 1 1
Dean's Add. (680 So.
Mill Street)
H. Black 3 Lots 3,4,&5, Capitol 2 2
Hill Add. (918 So.
Mill Street)
I. Summit Place 2 2 2
(1) Lot 6 is the proposed lot for the Park to be subdivided from Lot 5.
(
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Bom~
574: PAGE907
PROJECT
ASPEN MTN.
SUBDIVISION
LOT NO. LEGAL/ADDRESS
NUMBER OF UNITS
TOTAL DEMOLISHED REMAIN'G
RESIDENTIAL UNITS (CONTINUED)
J. Previously
Demolished
700 So. Galena 4
Lots 16 & 17, Anthony
Acres (700 So. Galena
Street)
3
3
Snowchase 3
Lots 16 & 17, Capitol
Hill Add.
1
1
3
Lot 21, Capitol Hill
1
1
42
18
24
LODGE UNITS:
A. Blue Spruce 1 Lots A-D, Block 84, 15 15
Lodge (North Townsite (303 E.
Wing) Durant Avenue)
B. Aspen Inn 1 Lot 6, Block 1 Conners 65 65
Add. , Lots 1-3, Dean's
Add. and Lots 1-6,
Block 3, Conners Add.
(611 So. Mill Street)
C. Continental 5 Lots L-S, Block 91, 178 19
Townsite and Lots 1-3,
Block 1, Anthony Acres
Add. (515 E. Dean Street)
D. Previously
Demolished
Blue spruce 1 Lots 1-5, Block 2, 17 17
Lodge (South Conners Add. (300 E.
Wing) Lawn Street)
275 116
159
159