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Home My WebLink Aboutresolution.council.007-90 . RESOLUTION NO. 7 (Ser~es of 1990) RESOLUTION OF THE CITY COUNCIL OF THE CI'l'Y OF ASPEN, COLORADO, AUTHORIZING THE REVIEW OF THE GALENA PLi\.CE CONDOMINIUM PLNr, 'rHE SUBSTITUTION OF CASH FOR REUUIRED SECURITY, AND THE PROCESSING OF REQUESTS FOR RELEASE OF SECURITY FOR THE ASPEN MOUNTAIN PUD/SUBDIVISION UNDER THE TERMS AND CONDITIONS HEREIN SPECIFIED WHEREAS, the tlonorable Thomas W. Ossola, D~strict Judge, by Memorandum Op~nion and Order issued October 27, 1989, ~n Fred Sm~th, et al. v. Hadid Aspen Holdings, Inc., et al., 88 CV 321, held Resolut~on 29, Ser~es of 1988, City of Aspen, "null and vo~d and of no effect"; and the Court remanded the matter to the C~ty of Aspen "to take such act~on as is appropriate and cons~stent " with this order."; and WHEREAS, pursuant thereto, the C~ty Counc~l, ~nter al~a, adopted Resolut~on 46 (Ser~es of 1989) wh~ch directed the Chief Bu~ld~ng Inspector of the City of Aspen to ~ssue no more perm~ts or other author~zat~ons to excavate for, construct, reconstruct, demol~sh, move, repa~r, alter or change the use of any structure or improvement w~th~n the Aspen Mounta~n PUD/Subdiv~s~on unt~l further order of the C~ ty Counc~l or D~str~ct Court of P~ tkin County, Colorado; and WHEREAS, pursuant to the same author~ty, the Planning D~rector of the P~tk~n County Planning Off~ce was directed to ne~ther accept, process, nor approve any development plans for .:"'. \ the Aspen Mounta~n PUD/Subd~v~s~on unt~l further order of the City Councilor the D~strict Court; and . '. de " WHEREAS, subsequent to the adopt~on of Resolution 46 (Series of 1989), Savanah Lim~ted Partnersh~p has requested the C~ty of Aspen to: (a) process the rev~ew of and grant approval for a condo- m~nium plat for Galena Place, s~tuate on Lot 4 of the Aspen Mounta~n PUD Subd~vis~on; (b) author~ze the release of mon~es held as secur~ ty for landscap~ng ~mprovements requ~red for Galena Place (letter from Anna Goodr~ch to Robert Gish dated November 20, 1989); and (c) authorize a subst~tution of $800,000 ~n cash for a letter of crecl~ t from the Nat~onal Bank of Washington which exp~red January 19, 1990 (letters to Sandra Stuller from Bob Hughes dated January 15, and January 17, 1990); and WHEREAS, the C~ty Counc~l cons~dered the above requests at ~ts regular meet~ng held January 22, 1990, along w~th a request heard at that time from Perry Harvey for author~ ty to subm~ t requests for further refund of mon~es held by the C~ty to secure the construct~on of ~mprovements, all as prov~ded ~n the First Amended and Restated PUD Agreement; and WHEREAS, the C~ty Counc~l wishes to approve the requests made under the terms and condit~ons here~nafter stated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 1. The C~ty of Aspen Planning Off~ce and Eng~neer~ng Department ~s author~zed to process and review and, if ~n compl~- ance w~ th all cond~ t~ons of approval, approve the condomin~um 12/SD3 -2- I. plat for Galena Pldce, Lot 4 of the Aspen Mounta~n PUD Subd~v~- Slon.. 2. The City Publ~c Works Director may process and approve requests for reduct~ons ~n amounts held as secur~ty for ~mprovements prov~ded that such requests comply \<1 th the con- d~t~ons of the First Amended and Restated PUD Agreement and that ~n no event shall the balance of secur~ty held be reduced below $650,000 unt~l Savanah completes all below-grade structural and foundat~on work and pours the at-grade slab for Hotel Phase I, all as prov~ded ~n the F~rst Amended and Restated PUD Agreement. 3. The Mayor shall be author ~ zed to execute a form of f~nancial assurance, acceptable to the C~ty Attorney, subst~tut- ~ng $800,000 ~n cash for the letter of cred~t prev~ously ~ssued :tt by the Nat~onal Bank of Washington, prov~ded that there ~s re~nstated ~n the cash secur~ty agreement, or the June 2, 1989 letter of credit ($1.0 the B(l) and B(2) m~ll~on) ~ssued by the Alpine Bank to ~mprovements, in a form also acceptable secure to the C~ty Attorney, a provis~on earmark~ng $650,000 to secure the obl~gat~on of Savanah L~m~ted Partnership to ref~ll, compact and reseed the port~on of Lot 1 excavated in connect~on w~th the Hotel Phase I, all as prov~ded ~n the F~rst Amended and Restated PUD Agreement. BE IT FURTHER RESOLVED, that the authorizations here~nabove given are subJect to the prov~sions of Resolut~on 46 (Ser~es of 1990) not incons~stent herew~th, and with the follow~ng acldition- . al prov~s~ons: 12/SD3 -3- ,~ 1. The assurances ~n Robert Hughes' letter to Sandra Stuller dated January 15, 1990 that the acceptance of subst~tuted secur~ty by the C~ty shall not constitute a rac~ficat~on by the City of the Amended PUD Agreement, nor be used in any proceed~ngs whatsoever as ev~dence of a rat~f~cat~on and would not be used to create an estoppel aga~nst the C~ty. 2. Had~d Aspen Hold~ngs, Savanah Lim~ ted, and all other part~es with an ~nterest ~n the development, are put on not~ce that they proceed with construction and development ent~rely at the~r own r~sk, and wa~ve any and all cla~ms and defenses aga~nst the C~ ty of Aspen by reason thereof, and by reasons of the act~ons taken by the C~ty Counc~l by th~s Resolut~on 7, 1990. 3. None of the act~ons here~nabove authorized shall be "'. undertaken by any City off~cer, agent, or employee until the C~ty Attorney shall rece~ve in a form acceptable ~o her, from Had~cl Hold~ngs and Savanah Limited, a written acknowledgment of the conditions here~nabove enumerated. If, with~n five (5) days of the mailing of this resolut~on, the C~ty Attorney does not rece~ve an acknowledgment of these cond~tions, the C~ty Council reserves the right to recons~der ~ts act~on at the earliest opportunity. 4. The C~ty Counc~l reserves the r~ght to, at any time, d~rect that a stop work order ~ssue w~th respect to development w~th~n the Aspen Mountain PUD/Subdivision and noth~ng here~n shall be construed as a waiver of that r~ght or acknowledgment that the same w~ll not be exerc~sed in the future. '. l2/SD3 -4- lit . ,e Adopted by the Aspen Ci ty Counc~l at ~ ts meet~ng held January 22, 1990. ./' r,', ,- ,/~/ '---~~"'~ -- / '7 ~ .- /'- /~~~~ I/)._!.:~~- w~ ll~am L. Strrl~ng, May<h?1 I, Kathryn S. Koch, duly appo~nted and acting C~ty Clerk, do certify that the foregolng lS a true and accurate copy of that resolutlon adopted by the Clty Counc~l of the City of Aspen, at a meet~ng held January 22, 1990. ~Joc(~ CERTIFICATE OF MAILING I hereby certify that on this C'~ay of I have served the forego~ng Resolution No.7, plac~ng cop~es thereof ln the United States ma postage prepald, and address as follows: Savanah Ltd. partnershlP 1300 17th Street, SUlte llOO Roslyn, VA 22209 Robert W. Hughes, Esq. Oates, Hughes & Knezevich, P.C. 533 East Hopkins Avenue, Th~rd Floor Aspen, CO 8161l Perry A. Harvey Had~d Aspen Hold~ngs, Inc. 600 East Cooper, Suite 200 Aspen, CO 81611 ~ /Lb~ 12/SD3 -5-