HomeMy WebLinkAboutordinance.council.052-05ORDINANCE NO. 52
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS, THE SECOND AMENDED PLAT - SOUTH AND GIBSON
SUBDIVISION, ON THE PROPERTY KNOWN AS 805 SOUTH AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-0 73-00-031
WHEREAS, the Community Development Department received an application
from Centurian Partners (c/o John Sarpa) represented by Zone 4 Architects, requesting
approval of Subdivision Amendment, to replat the existing South and Gibson
Subdivision's lot line location; and,
WHEREAS, the South and Gibson Subdivision was approved with conditions by
the City of Aspen City Council by Ordinance 16 (Series 2004) which granted approval of
two lots for the development of up to three primary dwelling units in accordance with the
City of Aspen Land Use Code; and,
WHEREAS, as a Subdivision Amendment shall be approved by the City Council
as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision amendment; and,
WHEREAS, during a duly noticed public heating on January 12, 2006, the City
Council opened the heating, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies of the
City of Aspen and adopted Ordinance No. __, Series of 2005, approving with conditions,
the subdivision amendment which maintains two lots for the development of up to three
primary dwelling units on the property known as 805 South Avenue; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1: Approval
Pursuant to the procedures and standards set forth in Title 26 of the City &Aspen Municipal
Code, the City Council hereby approves with conditions the Second Amended Plat -
South and Gibson Subdivision which creates two lots for the development of up to three
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primary dwelling units on the property known 805 South Avenue. This Approval is
conditioned on the Applicant meeting the requirements of Section 1 of Ordinance 16
(Series 2004), conditions 1-3, 5-10 and 12-14 with the exception of conditions 4 and 11.
A common driveway shall be required for access to the lots and only one (1) curb cut
shall be allowed. The Applicant shall take access from Gibson Avenue; however, the
driveway shall be placed as far as practical from the South/Gibson Avenue intersection.
A driveway shall be constructed to allow cars to turnaround on-site and avoid backing
onto the streets
There shall be no further subdivision of Lot 1 or 2. This restriction shall not apply to
condominiumizing two detached dwelling units or a duplex constructed on Lot 1. Lot 2 is
allowed to have one detached residential dwelling on the lot.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
An excavation stabilization plan, construction management plan, and drainage and
soils reports pursuant to the Building Department's requirements. The construction
management plan shall include an identification of construction hauling routes for
review and approval by the City Engineer and Streets Department Superintendent.
f.
A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Accessibility and ADA compliance to all units shall be addressed to satisfactorily
meet the building code.
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Sidewalk ramps must be compliant with most recent addition of ADA standards
(minimum length of the ramp and landing platform must be 10'-6" in length from
face of curb).
Section 4: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal ifa building is over 5,000 square feet in area.
Section 5: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 6: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service
lines must be excavated and abandoned at the main sanitary sewer line according to specific
ACSD requirements. If the existing 4" CIP/VCP service line for this parcel will be used to
service the single family residence on Lot 2, the existing sewer service should be televised to
determine its condition. Below grade development may require installation of a pumping
system. One tap is allowed for each building. Shared service line agreements may be
required where more than one unit is served by a single service line. Permanent
improvements are prohibited in sewer easements or right of ways. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public
ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the
issuance of a building permit. The glycol heating and snow melt system must be designed to
prohibit and discharge of glycol to any portion of the public and private sanitary sewer
system. The glycol storage areas must have approved containment facilities. Soil Nails are
not allowed in the public ROW above or in close proximity below ASCD main sewer lines.
Section 7: Electrical Department Requirements
If a new supplemental transformer is required to be installed on the subject property, the
Applicant shall provide for a new transformer and its location shall be approved by the
Community Development Department prior to installation. The Applicant shall dedicate
an easement to allow for City Utility Personnel to access the supplemental transformer
for maintenance purposes, if a supplemental transformer is installed. If after the
subdivision plat is recorded and in the event an easement is required, the Community
Development Director shall review and approve the easement on the condominium plat.
Section 8: Parks
The parks department will require separate landscape and tree protection reviews and
separate tree permits for each new lot when the lots come forward for building permits.
Consideration should be made for the protection of significant vegetation located on the
properties. A tree permit will be required before any demolition or significant property
changes related to the lot split take place. The tree permit will cover demolition,
excavation, and trimming. Coordination between the contractor, the City Parks
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VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.0009:0~1
Department and the City Engineering Department ~s cnncm for the design and
construction of sidewalks along both sides of the properties. Planting in the Public Right
of way will be subject to Landscaping in the ROW requirements. Improvements to the
ROW should include new grass and irrigation. Utility connections: Parks is concerned
with the future connections made for the new development. These connections will need
to be designed on the plan in a manner that does not encroach into the tree protection
zones.
Section 9:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 10:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 11.'
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 12:
A public heating on this ordinance shall be held on the 9th day of January, 2006, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen days pr/or to which hearing a public notice of the same
shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Councll of the City of Aspen on the 12th day of Decemb?~
C~pted, passed and approved this ~ day of(~~2006.
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Clerk
Approved as to form:
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.000q:OF~31
Page 5 of 5
NOTICE OF AN AMENDMENT TO THE TITLE AND REFERENCES WITHIN
CITY OF ASPEN ORDINANCE NO. 52, SERIES OF 2005
CHANGING THE WORDS "SECOND AMENDED PLAT" TO "FIRST
AMENDED PLAT" REGARDING THE SOUTH AND GIBSON SUBDIVISION
APPROVAL
ParcellD No. 2737-073-00-031
WHEREAS, the City of Aspen approved a subdivision amendment
application via Ordinance No. 52, Series 2005, recorded as Reception No. 520208 in the
Office of the Clerk and Recorder of Pitkin County to replat an existing lot line in the
South and Gibson Subdivision, the subdivision being originally approved by Ordinance
No. 16, Series 2004; and,
WHEREAS, the Subdivision Amendment application approved through
the passing of Ordinance No. 52, Series 2005, is the first amendment to the South and
Gibson Subdivision; and,
WHEREAS, the title of Ordinance No. 52, Series 2005, inadvertently
states the "Second Amended Plat - South and Gibson Subdivision", rather than on the
"First Amended Plat - South and Gibson Subdivision", which may create confusion as to
the number of amendments to the South and Gibson Subdivision; and,
WHEREAS, the intent of this notice is to amend Ordinance No. 52,
Series 2005, is to correct the title of the ordinance and references therein that refer to the
subdivision as the "Second Amended Plat - South and Gibson Subdivision" and amend it
to read the "First Amended Plat - South and Gibson Subdivision."
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
This notice amending and correcting the title and references noted herein, shall be
recorded in the records of the Pitkin County Clerk and Recorder pursuant to Ordinance
No. 52, Series of 2005, as a minor technical amendment and this document hereby serves
to correct the title and references therein of said ordinance.
(\)Aw\ I\L - Ob
Chris Bendon, Community Development Director
FIRST AMENDED SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
SOUTH & GIBSON SUBDIVISION
THIS FIRST AMENDED SUBDIVISION IMPROVEMENTS AGREEMENT (the
"FIRST Amended SIA") is made and entered into as of the _ day of ,
2006, by and between CENTURION PARTNERS GS, LLC, a Delaware limited liability
company ("Owner"), and THE CITY OF ASPEN, COLORADO, a municipal
corporation ("City").
RECITALS:
WHEREAS, Owner is the owner of Lots I and 2, South & Gibson Subdivision,
according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page
12 as Reception No. 506797 in the Office of the Clerk and Recorder of Pitkin County,
Colorado (the "Property"), which Subdivision was approved with conditions by City
Council Ordinance No. 16 (Series of 2004); and
WHEREAS, Owner and City entered into a Subdivision Improvements
Agreement for South & Gibson Subdivision recorded February 7, 2005 as Reception
No. 506796 in said records (the "Original SIA"); and
WHEREAS, by Ordinance No. 52 (Series of 2005) recorded January 25, 2006 as
Reception No. 520208 in said records, the City Council approved with conditions a
First Amended Plat of South & Gibson Subdivision entitled, "The Second Amended Plat
-South & Gibson Subdivision"; and
WHEREAS, a correction to the title of Ordinance No.52 (Series 2005) was
subsequently approved, which amended the title of the plat to, "First Amended Plat -
South & Gibson Subdivision." Said First Amended Plat was recorded
2006 as Reception No. in said records (the "First Amended Plat"); and
WHEREAS, under Ordinance No. 52 (Series of 2005) and the First Amended
Plat, the Property is divided into two (2) Lots for the development of up to three (3)
primary dwelling units on the Property. Lot I contains approximately 12,151 square
feet, and may be developed with either one (I) single-family residence, one (I) duplex,
or two (2) detached single-family residences, together with customary accessory uses.
Lot 2 contains approximately 9,787 square feet, and may be developed with one
detached single-family residence and customary accessory uses. The development of the
Property pursuant to Ordinance No. 52 (Series of 2005), Ordinance No. 16 (Series of
2004), and the First Amended Plat, is hereinafter referred to as the "Project"; and
WHEREAS, Owner and City desire to enter into this First Amended SIA for the
Project in order to consolidate in one instrument the conditions to approval of the
Project set forth in Ordinance No. 52 (Series of 2005) and the surviving conditions to
approval set forth in Ordinance No. 16 (Series of 2004), with the intention and
understanding that this First Amended SIA shall supersede and replace in its entirety
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the Original SIA, and that from and after the execution and recording of this First
Amended SIA, the Original SIA shall be deemed fully and forever terminated, vacated,
and of no further force or effect.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained and the approval, execution and acceptance of the First
Amended Plat for recordation by the City, the parties agrees as follows:
I. Dimensional ReQuirements. As set forth in Condition 3, Section I of
Ordinance No. 16 (Series of 2004), the existing house on the Property need not be
demolished to accommodate the newly created lot boundaries depicted on the First
Amended Plat, and the encroachments into the yard setbacks may continue to exist for
the life of the original structure only. Upon demolition of the existing structure, the
residences to be developed on the Lots shall meet the R-6 Zone District's dimensional
requirements and shall comply with the City of Aspen residential design standards,
unless variances are duly obtained. Following demolition of the existing structure,
Owner shall have a survey pin set at the property corner on the common boundary
between the lots which is marked on the First Amended Plat, "Pin To Be Set."
2. Sidewalk Agreement. Owner agrees to fund the construction of a
sidewalk along the entire South Avenue frontage on Lot I, South & Gibson
Subdivision, at such time as the City decides to undertake such construction, in
accordance with the following procedure. Upon completion of construction of such
sidewalk by City, City shall deliver to Owner a description of the work performed and
an invoice for City's out-of-pocket cost of performing the work, and Owner shall
reimburse City for the entire cost of the invoice no later than 60 days following receipt
thereof. If the invoice is not paid in a timely manner, the delinquent portion of the
invoice shall bear interest at 12% per annum from the date of the invoice until it is paid
in full, the City shall have a lien upon Lot I, South & Gibson Subdivision, until the
invoice is paid in full including accrued interest, and the City shall be entitled to collect
from Owner all costs of collection including reasonable attorney's fees.
3. Non-Exclusive Common Easement. The First Amended Plat shall show an
easement for utilities, roadway and future sidewalks. Instead of multiple easements, a
single "non-exclusive common easement" may be platted with appropriate plat notes. A
plat note shall provide that no structures or trees can be placed in the easement without
the permission of the City Engineer and applicable utilities.
(a) Common Driveway Easement. A common driveway shall be required
for access to the lots and only one (I) curb cut shall be allowed. The Owner shall take
access from Gibson Avenue; however, the driveway cut shall be located as far as
practical from the South Avenue and Gibson Avenue intersection. The driveway shall
be constructed to allow cars to turnaround on-site and avoid backing onto the street. A
construction access plan shall be submitted to the City Engineer along with the first
building permit application for the Property. A common access easement for all
dwelling units within the subdivision shall be recorded with the County Clerk and
Recorder prior to issuance of a building permit for the last residence to be constructed
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on the Property. Prior to recordation of the easement, the easement shall be reviewed
and approved by the Community Development Engineer and City Engineer.
4. Sidewalk. Curb and Gutter Design. Prior to recording the First Amended
Plat, Owner shall submit to the City Engineer a design of the proposed sidewalk and
curb/gutter, which design will allow the accurate depiction of the Non-Exclusive
Common Easement on the First Amended Plat. The curb location along Gibson A venue
will be dictated by the need for a 24-foot minimum street width. The design shall
include a site plan with adequate contours and spot elevations to demonstrate the gutter
will have a 0.75% slope (minimum) towards a storm drain and show the extent of
regarding of Gibson A venue.
5. Development ReQuirements. The following development requirements will
be satisfied by Owner pursuant to Ordinance No. 52 (Series of 2005) and Ordinance No.
16 (Series of 2004), to wit:
(a) Building Permit Application ReQuirements: The building permit
application shall include the following:
(i) Copies of Ordinance No. 52 (Series of 2005) and Ordinance
No. 16 (Series of 2004).
(ii) The conditions of approval printed on the cover page of the
building permit set of plans.
(iii) A completed tap permit for service with the Aspen
Consolidated Sanitation District.
(iv) A drainage plan, including an erosion control plan, prepared
by a Colorado licensed Civil Engineer, which maintains sediment and debris on-
site during and after construction. If a ground recharge system is required, a soil
percolation report shall be provided in order to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
(v) A construction management plan, and a drainage and soils
report, pursuant to the requirements of the Building Department. The
construction management plan shall be consistent with the City Construction
Management Plan Guidelines, shall include provisions for off-street construction
parking, and shall include an identification of construction hauling routes for
review and approval by the City Engineer and the Streets Department
Superintendent.
(vi) A detailed excavation stabilization plan that utilizes vertical
soil stabilization techniques for review and approval by the City Engineer.
(vii) Accessibility and ADA compliance to all units shall be
addressed to satisfactorily meet building code requirements.
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(viii) Sidewalk ramps must be compliant with the most recent
edition of ADA standards (minimum length of ramp and landing platform must
be 10'-6" in length from face of curb).
(ix) Payment of Park Dedication Fees for any additional
bedrooms beyond those that currently exist on the site, as determined by the City
Zoning Officer. Documentation of the number of bedrooms in the existing house
must be submitted to the City Zoning Officer for review if a credit is to be used
against any required payment.
(x) Payment of cash in lieu of School Land Dedication Fees,
based on the formula in effect at the time of building permit application.
(xi) Mitigation shall be required in accordance with Section
26.470.040.B.1., Detached single-family or duplex dwelling units, of the City of
Aspen Land Use Code. If the Owner proposes to construct an accessory dwelling
unit instead of paying the fee in lieu to satisfy this requirement, then the ADU
shall be completed prior to issuance of a Certificate of Occupancy for the
primary structure on that particular Lot. Documentation of the floor area of the
existing house must be submitted to the City Zoning Officer for review if a credit
is to be used against any required payment of cash-in-lien of an ADU.
(xii) An approved tree permit required from the City Forester. An
approved tree permit requires a proposed landscape plan identifying trees for
removal and means of mitigation.
(xiii) An outdoor lighting plan shall be submitted for each
residence.
(xiv) All tap fees, impact fees, and building permit fees shall be
paid.
(xv) The private well for the existing house must be abandoned
and a new municipal water service installed.
(b) Sanitation District ReQuirements. Owner shall comply with Aspen
Consolidated Sanitation District (ACSD) rules and regulations. No clear water
connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed.
On-site utility plans require approval by ACSD. Old service lines must be excavated
and abandoned at the main sanitary sewer line according to specific ACSD
requirements. If the existing 4" CIP/VCP service line for this Property will be used to
service the single family residence on Lot 2, the existing sewer service should be
televised to determine its condition. Below grade development may require installation
of a pumping system. One tap is allowed for each building. Shared service line
agreements may be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or rights-of-way.
Landscaping plans will require approval of ACSD where soft and hard landscaping may
impact public right-of-way or easements to be dedicated to the District. All ACSD fees
must be paid prior to the issuance of a building permit. The glycol heating and snow
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melt system must be designed to prohibit any discharge of glycol to any portion of the
public and private sanitary sewer system. The glycol storage areas must have approved
containment facilities. Soil nails are now allowed in the public right-of-way above or in
close proximity below ACSD main sewer lines.
(c) Water Department ReQuirements. Owner shall comply with City of
Aspen Water System Standards, with Title 25, and with the applicable standards of Title
8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department.
(d) Fire Mitigation. Owner shall install a fire sprinkler system and
alarm system that meets the requirements of the Fire Marshal in any residential building
that contains more than 5,000 gross square feet of floor area.
(e) Electrical Department ReQuirements. If a new supplemental
transformer is required to be installed on the Property, the Owner shall provide for a
new transformer and its location shall be approved by the Community Development
Department prior to installation. If a supplemental transformer is installed, the Owner
shall dedicate an easement to allow for City Utility Personnel to access the transformer
for maintenance purposes. If such easement is required after the Amended Plat is
recorded, the Community Development Director shall review and approve the easement
on the condominium plat.
(f) Parks. The Parks Department will require separate landscape and
tree protection reviews and separate tree permits for each new Lot when the Lot comes
forward for a building permit. Provision should be made for the protection of
significant vegetation located on the Lots. A tree permit will be required before any
demolition or other significant changes to the Property take place. The tree permit will
cover demolition, excavation, and trimming. Coordination between the contractor, the
City Parks Department and the City Engineering Department is critical for the design
and construction of sidewalks along both sides of the Lots. Planting in the public right-
of-way will be subject to Landscaping in the Right-of-Way requirements. Improvements
to the right-of-way should include new grass and irrigation. The Parks Department is
also concerned about the utility connections that will be made for the new development
on the Lots. These connections will need to be designed on the plan in a manner that
does not encroach into the tree protection zones.
(g) Encroachments and Work in Public Rights-of-Wav. To the extent
any exist, Owner shall either remove encroachments into the public rights-of-way or be
subject to current encroachment license requirements, as required by the City of Aspen
Engineering Department. For proposed work in public rights-of-way, Owner must
receive approval from:
(i) The City Engineer for design of improvements, including
landscaping.
(ii) The Parks Department for vegetation species, tree removal,
and/or public trail disturbances.
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(iii) The Streets Department for mailboxes and street cuts; and
(iv) The City Engineering Department to obtain permits for any
work or development, including landscaping, within the public rights-of-way.
(h) Tree Protection. Prior to commencement of construction on either
Lot, a vegetation protection fence shall be erected at the drip line of each individual
tree or groupings of trees remaining on the site. There shall be no excavation, no
storage of construction materials, backfill, equipment, tools or construction traffic
inside of the protective fence. The fence must be inspected by the City Forester or
his/her designee before any construction activities are to commence.
(i) Sidewalks. Owner shall construct a sidewalk, in compliance with
City of Aspen Department of Engineering standards, for the entire portion of the
Property fronting on Gibson Avenue, and shall also construct a sidewalk partially along
South A venue to a point near the intersection of Gibson A venue and South Avenue that
the City Engineer determines is sufficient to allow safe pedestrian passage to the
sidewalk on the north side of South Avenue. The sidewalk, curb and gutter along both
A venues shall be installed as part of the next building permit for Lot I or Lot 2,
whichever comes first. No final inspection or Certificate of Occupancy will be given
until the sidewalk, curb and gutter is completed as above required. Also see Sections 2
and 4 above.
(j) Construction Schedule and Noise. Construction is prohibited on
Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise
ordinances shall be complied with. Any adopted amendments in the future to permitted
construction hours or noise standards shall met.
(k) Sight Triangle Prohibitions. No structure or landscaping over thirty
(30) inches tall shall be installed in a sight triangle located thirty (30) feet within the
Gibson/South Avenue intersection, as said sight triangle is depicted on the Amended
Plat.
(I) No Further Subdivision: CClOA. There shall be no further
subdivision of Lot I or Lot 2. This restriction shall not apply to the
condominiumization of two detached dwelling units or a duplex constructed on Lot I.
Upon substantial completion of construction of the units on Lot I, Owner anticipates
submitting Lot I to a condominium regime created pursuant to the Colorado Common
Interest Ownership Act (CCIOA). The City agrees to process for approval and
recordation a Condominium Map prepared in accordance with the Code and CCIOA.
(m) Dust Suppression. Owner shall submit a dust suppression plan for
approval by the City Environmental Health Department prior to any activity or
development occurring on the Property. All activity or development shall be
accompanied by dust suppression measures such as the application of water or other soil
surfactant to minimize the creation and release of dust and other particulates into the
air. No dirt may be tracked onto paved roads without being immediately removed.
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(n) Soils and the Former Smuggler Superfund Site. Owner shall
comply with Ordinance No. 25, Series of 1994 regarding the handling of any
contaminated soils within the former Smuggler Superfund Site prior to any excavation
on and/or prior to the application for building permits on both Lots. All soils on Lots I
and 2 shall be considered contaminated unless determined otherwise through testing
that adheres to the protocols that were established by the Environmental Protection
Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing
protocols, the soils are found to be uncontaminated, the following requirements shall
not apply. However, to the extent that any contaminants are discovered, the following
requirements shall apply:
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(i) All contaminated soils that are removed from the site shall
be transported to the Pitkin County Landfill and disposed of at the Smuggler
repository. Any disturbed soil or material that is to be temporarily stored above
ground or remain on site shall be securely contained on and covered with a non-
permeable tarp or other protected barrier approved by the Environmental Health
Department so as to prevent leaching of contaminated material onto or into the
surface soil and to prevent windblown dust from disturbed dirt.
(ii) The Owner and general contractor of any development on
Lots I and 2 shall submit a letter to the City of Aspen Environmental Health
Department stating that they have read, understood, and will comply with the
regulations for handling contaminated soils within the former Smuggler
Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any
excavation and/or issuance of building permits for the Property.
(iii) The Owner shall complete a Soil Removal Permit and
Affidavit for excavation prior to any excavation or disturbance of dirt and prior
to any issuance of building permits for the Lots.
(0) Soils and the Former Fuel Tank Location. Owner shall be required
to test for soil contamination in the area where the previous owner stored an above
ground fuel tank. If the soils in said area are found to be uncontaminated, there shall be
no further requirements. However, to the extent that any contaminants are discovered,
the requirements of paragraphs 5(n)(i) and 5(n)(iii), above, shall apply.
6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use
Code, once fully executed, this Amended SIA and the Amended Plat shall be recorded
in the Office of the Pitkin County Clerk and Recorder. The Amended Plat shall also be
submitted in a digital format acceptable to the Community Development Department,
for incorporation into the City/County GIS system.
7. Financial Securitv for Public Improvements. In order to secure the
performance of the construction and installation of improvements in the public right-of-
way, including landscaping, the Owner shall provide the City with a financial security
for the proposed improvements. The financial security shall take the form of a letter of
credit, cash or other guarantee in a form satisfactory to the City Attorney and shall be
submitted to the City prior to the initiation of construction or the issuance of any
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JArHCE K vas CAUDILL PITKIN COUNTY CO R 61.00 0 0.00
building permits. The Owner shall provide a detailed cost estimate of the
improvements for approval by the City. The amount of the required financial security
shall be 110% of the estimated cost of the improvements. The guarantee documents
shall give the City the unconditional right, upon clear and unequivocal default by the
Owner in its obligations to complete the public improvements, or to withdraw funds
against such security sufficient to complete and pay for installation for such public
improvements. If the improvements have not been completed to the satisfaction of the
City within one year of the cost estimate, City may require the Owner to adjust the
amount of the financial security for local increases in construction costs.
As portions of the improvements are completed, the City shall inspect them, and
upon approval and acceptance, shall authorize the release of the agreed estimated costs
for that portion of the improvements, except that 10% of the estimated costs of the
improvements shall be withheld for the benefit of the City until (i) all of the
improvements have been inspected and accepted by the City, (ii) a two-year
maintenance bond has been provided by the Contractor, and (iii) as-builts have been
provided (if required).
8. Notices. Notices to the parties shall be sent by United States certified
mail to the addresses set forth below or to any other address which the parties may
substitute in writing.
Centurion Partners GS, LLC
Attn: John Sarpa
300 South Spring Street
Aspen, CO 81611
To Owner:
With Copv To:
Art Daily, Esq.
c/o Holland & Hart, LLP
600 East Main Street
Aspen, CO 81611
To Citv of Aspen:
City Manager
130 South Galena Street
Aspen, CO 81611
With Copv To:
City Attorney
130 South Galena Street
Aspen, CO 81611
9. Binding Effect. The provisions of this Agreement shall run with and
constitute a burden on the land on which the Project is located and shall be binding on
and inure to the benefit of the Owner's and the City's successors, personal
representatives and assigns.
10. Amendment. The Agreement may be altered or amended only by written
instrument executed by the parties.
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II. Severabilitv. If any of the provisions of this Agreement are determined to
be invalid, it shall not affect the remaining provisions hereof.
ATTEST:
~ xJ .J~
Kathryn S.~Ch .
City Clerk
THE CITY OF ASPEN, a municipal
corporation
By:
APPROVED AS TO FORM:
/--1 :% ~
/ /. -".
,/ <~~ f1 /.. :.u..
Jn1ln;.W orc ter
City Attorney
OWNER:
CENTURION PARTNERS GS, LLC, a
Delaware . 'ted' 'lity company
ized Agent
STATE OF COLORADO )
) ss,
COUNTY OF PITKIN )
Witness my hand and official seal.
My commission expires: o"r/nJ'"Z()()1
11111111111111111 III 111111111111111111111 11/111111111/ ~~.3~: ~f 12
JRNICE K VQS CAUDILL PITKIN COUNTY co 04/25/2006 02: 34~
R 61.00 0 0.00
9
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
.An,Ihe foregoing instrument was acknowledged before me this nik day of
~' 2006, by John Sarpa as Authorized Agent of Centurion Partners GS,
LLC, a Delaware limited liability company,
Witness my hand and official seal.
~ .q.OC[
NO~I~S~
My commission expires:
II " II" I" III II II I I II ~~.3~~ ~f 12
JRNICE K vas CRUDILL PITKIN COUNTY CO R 61. 0004/25~2:~;0 02: 341=
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t
Mortgagee Consent
The undersigned, being the holder of a lien on the Property pursuant to a Deed of
Trust recorded as Reception No. .5,-/45 )..0 in the Office of the Clerk and Recorder of
Pitkin County, Colorado, hereby consents to and approves the recording of this
Amended SIA, and hereby subordinates the lien of said Deed of Trust to the matters set
forth herein.
Dated this li day of ~L_, 2006.
Alpine B~spen
By: ~ 8,// 'vvt..:+~
....---
Its: \!; c e Pns I J -c. v--.. +
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
~The foregoing ~~agee ~.tl! was acknowlmtd gefore me this J!1.. day of
_, 2006, by 1.1 ft / as ill U '!J///;dof Alpine Bank,
A pen. /
Witness my hand and official seal.
My commission expires:
(; ! Z ZlJoMj
)~ /); ,
\ a (kt,
- ott;J;f:ubliC
'.1\ COf'lm;,,'r c,nres 0612111009
3525928_2.DOC
11111111111111111111 II ~:~;~~t~f 0~2 34F
JANICE K vas CAUDILL PITKIN COUNTY CO R 61.00 0 0.00
i'
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