HomeMy WebLinkAboutcoa.lu.pu.Top of Mill parcels 4,7 & 8.0011.2005001 I, '. ro M-ft_ L-d.
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City of Aspen Community Development Dept.
CASE NUMBER 0011.2005.ASLU
PARCEL ID NUMBER 9999-99-9-99-999
PROJECT ADDRESS 0 ZERO
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
CHRIS LEE
PARCELS 4,7 & 8 TOP OF MILL SUBDIVISION / PUD EXTENSION
JODY EDWARDS 970-925-8700
DATE OF FINAL ACTION 3/23/2005
CLOSED BY Denise Driscoll
Permit Receipt
RECEIPT NUMBER 00014640
Date: 2/22/2005
Applicant: TOP OF MILL INVESTORS, LLC
Payee: February 2005
Type: check # 21611
Permit Number Fee Description
0011.2005.ASLU Cal fee to Receipt Deposit
Total:
Amount
546.00
546.00
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right extension period. The vested
property rights shall expire on the day after the third anniversary of the effective date of this
Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an
exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to
Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full
force and effect, excluding any growth management allotments granted pursuant to Section
26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Parcel 4 Top of Mill, LLC; JP Interests, LLC; LPRP River, LLC; LPRP Mill, LLC; 201 North Mill
Street, Suite 203, Aspen, Colorado 816111 970.925.8700
Property Owner's Name, Mailing Address and telephone number
Parcels 4, 7 and 8 of the Top of Mill Subdivision/Planned Unit Development
Legal Description and Street Address of Subject Property
Approval of the extension of vested property rights and exemption from expiration of the single-
family residential land use rights
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Resolution No. 15, Series of 2005, Approved 3/14/05
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
27.2005
Effective Date of Development Order (Same as date of publication of notice of approval.)
March 27, 2008
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 27th day of March, 2005, by the City of Aspen Community
Development Director.
Chris Bendon, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of the extension of vested
property rights and exemption from expiration of the single-family residential land use
rights pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described properties: Parcels 4, 7
and 8 of the Top of Mill Subdivision/Planned Unit Development, by Resolution of the
Aspen City Council numbered 15, Series of 2005, on March 14, 2005. The Applicant
received approval for a three (3) year extension of the vested property rights pursuant to
Ordinance 7, Series of 2002, and an exemption from expiration of the single-family
residential land use rights. For further information contact Chris Bendon, at the City of
Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-
5090.
s/ City of Aspen
Publish in the Aspen Times on March 27, 2005
i •
MEMORANDUM V11t;a
To: Mayor Klanderud and City Council
TIIRU: Chris Bendon, Community Development Director
Joyce A. Allgaier, Deputy Director — /
FROM: Chris Lee, Planner
RE: Exemption from Expiration of Vested Rights for Parcels 4, 7 and 8 of the Top of
Mill Subdivision/PUD
DATE: March 14, 2005
APPLICANTS: Parcel 4 Top of Mill, LLC; JP Interests, LLC; LPRP River, LLC; and LPRP
Mill, LLC
REPRESENTED BY: Joseph Edwards of Klein, Cote & Edwards, P.C.
PARCEL ID NUMBERS: 2737-182-02-204, 2737-182-02-207, 2737-182-02-208
LEGAL DESCRIPTION: Lots 4, 7 and 8, Top of Mill Subdivision/PUD
CURRENT LAND USE: Vacant Parcels
PROPOSED LAND USE: Residential Single Family Dwelling with ADUs on each parcel
REVIEW PROCEDURE: Exemption from Expiration of Vested Rights and Extension of
Vested Rights. At a duly noticed public hearing City Council may, by resolution,
approve, approve with conditions, or deny, an exemption from the expiration of vested
rights. Council may also grant extensions of vested rights.
STAFF RECOMMENDATION: Staff recommends approval with conditions.
SUMMARY:
The applicants are the owners of parcels 4, 7 and 8 of the Top of Mill Subdivision/PUD and are
requesting an exemption from the expiration of vested rights for said parcels. Joseph Edward's
letter of application outlines the reasons for this request. City Council granted Subdivision and
PUD approval of the Top of Mill development through Ordinance 7, Series of 2002, on March
11, 2002. The subdivision is composed of residential development parcels (allowing five single-
family and three multi -family lots and a separate parking garage) that are zoned Lodge/Tourist
Residential (L/TR). Two other parcels dedicated to open space are zoned Conservation (C).
The subject land for this application, Parcels 4, 7 and 8, were approved for single family
dwellings with ADUs, but remain vacant and undeveloped at this time. The applicants are
making this proposal in light of the imminent termination of the initial three year vesting period
for the PUD, as well as the fact that a pending ordinance of the city proposes that the UTR zone
be amended to remove single family dwellings from the list of permitted uses. The potential
change may come about if Ordinance 9, Series of 2005, receives Council approval. The code
amendment would not allow single-family dwellings as a permitted use, which has obvious
consequences to the owners and to the PUD development as an approved master plan.
STAFF COMMENTS:
Staff would like to see this situation remedied in order to allow the future use of the subject
parcels to continue as single family residences as approved in the PUD. Staff has considered this
application and has proposed an approach that is different from the applicant's request, but one
that we feel achieves the same end. Staff understands that the applicant represents owners of land
who are in the process of a land sale transaction and therefore timing of this situation is
important. There are two components to this situation, one has to do with the exemption from
the expiration of vested rights and the other has to do with the more common extension of
vested rights.
Exemption from Expiration of Vested Rights:
The applicant has asked that the subject parcels be exempt from ever having the vested rights for
their development approval expire. Staff does not feel that it is appropriate to grant the
exemption from expiration of vested rights for parcels 4, 7 and 8 in a blanket fashion to all of the
rights granted in the PUD. Doing so would allow the vested rights for the PUD to go in
perpetuity and give these owners different rights that those allowed other developments.
Currently, once a vesting period is over for a development, the is subject to new regulations as
they evolve to reflect new and changing policies. Given the proposed change to the LTR zone,
Staff believes that exemption from expiration of vested rights should be granted for the land use
of the parcels only. This would allow for the approved land use of single family dwellings with
ADUs to continue. There are no changed circumstances in the neighborhood that would warrant
a change to the approved PUD plan, the current owners of properties within the PUD have a
reliance on the approved PUD uses, and the intended uses are still acceptable in the setting.
Single family residences have already been built on some of the parcels in the development.
These lots too, are subject to becoming noncomplying when and if the LTR amendment goes
through. Staff recommends that a new zoning amendment be initiated for all the single family
residential parcels (4, 5, 6, 7, & 8) within the Top of Mill PUD, changing the LTR to a zone
district that allows single family residential dwellings and ADUs as a permitted use. Couple with
this recommended zone district change, Staff recommends that the exemption from expiration of
vested rights for the land use not be granted in perpetuity, but only until such time as a zone
change is approved to allow for single family residential development as a permitted use.
Extension of Vested Rights:
Considering that the development still has several vacant lots, Staff can support an extension of
vested rights for 3 years. This would allow the development to be guided by the zoning in place
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at the time of development approvals and not subject to new regulations for another 3 years. As
noted earlier, there are no changed circumstances in the neighborhood that would make the City
want to see a new development scenario for these properties; the current owners of properties
within the PUD and neighbors have a reliance on the approved PUD plan; and, the intended uses
and layout are still acceptable in the setting. The floor areas were all set by the PUD and these
are not subject to change.
To summarize, Staff recommends the following actions:
• Grant an exemption from the expiration of the vested rights only to allow for the single
family residential and ADU land use rights to continue, until such time as a zone change
is approved to allow for single family residential development and ADUs as a permitted
use;
• Grant an extension of the vested rights for the PUD approval for a three year period; and
• Direct Staff to initiate a zone change amendment to allow for the single family residential
use and ADUs as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill
Subdivision/PUD.
STAFF RECOMMENDATION:
Staff recommends approval of an exemption from expiration of vested rights and an
extension of vested rights for Parcels 4, 7, and 8 of the Top of Mill Subdivision/PUD with
the following conditions:
1. The exemption from expiration of vested rights will apply only to vested rights regarding
land use granted through Ordinance 7, Series of 2002. The land use will remain in effect
as single-family residential until such time as a zone change is approved to allow single
family residences and ADUs as a permitted use. All development dimensional standards
and requirements as put forth in the aforementioned ordinance shall continue to apply.
2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002,
will be granted an extension of vested property rights for three (3) years, establishing an
expiration date of March 11, 2008.
3. The establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. The developer shall abide by any.and all
such building, fire, plumbing, electrical and mechanical codes that are in effect at the
time of building permit, unless an exemption therefrom is granted in writing.
RECOMMENDED MOTION:
"I move to approve Resolution No. Series of 2005, approving, with conditions, an
exemption from the expiration of vested rights for the approved land use on Parcels 4, 7 and 8 of
the Top of Mill Subdivision/PUD pursuant to Ordinance 7, series of 2002, and granting an
extension of the development rights approved in that same ordinance for a three (3) year period.
The new expiration date will be March 11, 2008." AND,
3
•
"I move to direct Staff to initiate a zone change amendment that will allow for single family
residential and ADU uses as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill
Subdivision/PUD."
CITY MANAGER'S COMMENTS:
-A, S
ATTACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application Letter
Exhibit C -- Top of Mill Subdivision/PUD Land Use Plats
Exhibit D -- Ordinance 7, Series of 2002
4
RESOLUTION NO. 16
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXEMPTION
FROM THE EXPIRATION OF VESTED LAND USE RIGHTS, AND A THREE (3) YEAR
EXTENSION OF THE VESTED DEVELOPMENT RIGHTS GRANTED BY ORDINANCE
NO. 7, SERIES OF 2002, FOR PARCELS 4,7 AND 8 OF THE TOP OF MILL
SUBDIVISION/PLANNED UNIT DEVELOPMENT, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel Nos. 2737-182-02-204, 2737-182-02-207, 2737-182-02-208
WHEREAS, the Community Development Department received an application from the
representative of the three owners of said parcels, Klein, Cote & Edwards, P.C, requesting
approval of an exemption of the expiration of vested rights granted for the Top of Mill
Subdivision/PUD pursuant to Ordinance No. 7, Series of 2002; and,
WHEREAS, City Council adopted Ordinance No. 7, Series of 2002, which approved a
Subdivision and PUD and granted Vested Property Rights status for Top of Mill
Subdivision/PUD Development until March 11, 2005; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use
Code, City Council may grant an exemption from expiration of vested rights or and/or an
extension of vested rights after a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of exemption from expiration of the land use rights and a three (3) year
extension of development rights for the Top of Mill Subdivision/PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested exemption
from expiration of vested rights for the Top of Mill Subdivision/PUD under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that the exemption from the expiration of vested rights
and the extension of vested rights meets or exceeds all applicable land use standards and that the
approval of such, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve an exemption from expiration of vested rights and
an extension of vested rights in accordance with Ordinance No. 7, Series of 2002 for Parcels 4, 7
and 8, Top of Mill Subdivision/PUD, City and Townsite of Aspen, with the following conditions:
1. The exemption from expiration of vested rights will apply only to vested rights
regarding the land use granted through Ordinance 7, Series of 2002. The land use will
remain in effect as single-family residential until such time as a zone change is approved
to allow single family residences and ADUs as a permitted use. All development
dimensional standards and requirements as put forth in the aforementioned ordinance
shall continue to apply.
2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002,
are hereby granted an extension of vested property rights for three (3) years, establishing
an expiration date of March 11, 2008.
3. The establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. The developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes that are in effect at the
time of building permit, unless an exemption therefrom is granted in writing.
Section 2•
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 3:
This Resolution shall not effect 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 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Section 5•
A duly noticed public hearing on this Resolution was held on the 14th day of March, 2005, at 5:00
PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a to vote on this 10 day of
March, 2005.
0
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Approved as to form:
John P. Worcester, City Attorney
Attest:
Kathryn S. Koch, City Clerk
HAchrishApplications\City Council\Top of Mill Exemption
Approved as to content:
Helen Kalin Klanderud, Mayor
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RIGHTS
Exemption from Expiration of Vested Rights In reviewing a request for the extension or
reinstatement of a development order and associated vested rights, the City Council shall
consider, but not be limited to, the following criteria:
1. Only subdivisions composed of detached residential or duplex units shall be eligible
for the exemption from the expiration provisions of section 26.304.070(D);
STAFF FINDING:
The parcels (4, 7 and 8) for which this application was submitted are all part of a subdivision
of detached residential units legally known as, Top of Mill Subdivision/PUD. Staff finds this
criterion to be met.
2. To obtain an exemption, an application for exemption shall be submitted at any
time prior to the third anniversary of the effective date of the development order;
STAFF FINDING:
This application was submitted prior to the third anniversary of the development order. The
final approval for Ordinance 7, series 2002 was granted on March 11, 2002. Staff finds this
criterion to be met.
3. Those conditions applied to a project at the time of final approval that were to have
been met as of the date of application for exemption have been complied with;
STAFF FINDING:
The conditions of approval that were established in approving the original development
proposal are to take effect prior to or in conjunction with the building permit submittal with
the exception of the preparation and recordation of the PUD Plat and Agreement. The PUD
Plat and Agreement have already been filed with the Clerk and Recorder's Office.
Therefore, Staff does not believe that there are any outstanding conditions of approval that
have to be met prior to applying for an extension of vested rights. Staff finds this criterion to
be met.
4. Any public or private improvements that were required to be installed by the
applicant prior to construction of any dwelling unit have been installed.
STAFF FINDING:
Infrastructure improvements have been completed. For the parcels that have already been
developed, all required improvements have been done. The applicants will still be subject to
the land use requirements as established in Ordinance 7, Series 2002 for development on the
remaining parcels. Staff finds this criterion to be met.
KLEIN, COTE & EDWARDS, P.C.
ATTORNEYS AT LAw
HERBERT S. KLEIN hsk@kcelaw.net 201 NORTH MILL STREET, STE. 203
LANCE R. COTE, PC* Irc@kcelaw.net ASPEN, COLORADO 81611
JOSEPH E. EDWARDS, III, LLC jee a(J� ccelaw.net TELEPHONE: (970) 925-8700
MADHU B. KRISHNAMURTI mbk@kcelaw.net FACSIMILE: (970) 925-3977
• also admitted in California
February 17, 2005
Joyce Allgaier
City of Aspen Community Development Department
130 South Galena St.
Aspen, CO 81611
Re: Parcels 4, 7 & 8, Top of Mill Subdivision;
Exemption from Expiration of Vested Rights
Dear Joyce:
Thank you for holding a pre -application conference with me on February 11, 2005, to
discuss the vested rights for the above -referenced Parcels. Our office represents and is
authorized to file this application on behalf of the owners of Parcels 4, 7 and 8, Top of Mill
Subdivision (the "Parcels"), according to the plat thereof recorded in Plat Book 62 at Page 4as
Reception No. 471099 of the Pitkin County Records (the "Plat"). The owner of Parcel 4 is
Parcel 4 Top of Mill, LLC, a Colorado limited liability company. The owner of Parcel 7 is JP
Interests, LLC, a Delaware limited liability company. The owners of Parcel 8 are LPRP River,
LLC, and LPRP Mill, LLC, both Colorado limited liability companies. The address for all
applicants is this office. For your reference, a copy of the Plat is attached — I have not included
several pages of floor plans, elevations and various utility and landscaping plans which were
recorded as a part of the Plat and are not relevant for purposes of this application.
Please consider this letter an application pursuant to Section 26.308.01OBI, City of
Aspen Municipal Code, for an exemption from expiration of vested rights for the Parcels. All of
the Parcels are currently vacant land approved for development of detached single family
residences and associated ADUs. This application is filed prior to the third anniversary of the
effective date of the development approval which granted vested rights.
For your reference, attached is a copy of Ordinance 7, Series of 2002 which granted final
approval for the PUD/Subdivision and was recorded in the Pitkin County Records as Reception
No. 466392 ("Ordinance 7"). The final approval of Ordinance 7 was March 11, 2002. Also
attached for your reference is a copy of the Subdivision/PUD Agreement for Top of Mill
Subdivision/PUD dated August 16, 2002, recorded as Reception No. 471100, and executed by
the Developer of the Top of Mill Subdivision and the City of Aspen ("PUD Agreement").
Section 2.1(d) of the PUD Agreement granted vested rights for a period of three years from the
date of approval of Ordinance 7. Pursuant to Section 2.2 of the PUD Agreement, each Parcel
Joyce Allgaier
City of Aspen Community Development Dept.
February 17, 2005
Page 2
was approved for a detached, free market, single family residence with a specified maximum
allowable floor area.
The Developer of Top of Mill has complied in all respects with all of the requirements of
the PUD Agreement. Any public or private improvements that are required for development of
the Parcels have been installed, since other parcels within the Subdivision have obtained building
permits.
For several reasons we believe it is appropriate to grant the Parcels an exemption from
the expiration of vested rights: (1) the Parcels already received approval from the City for
development of detached single family residences; (2) Parcel 1 (six townhomes), Parcel 2 (four
affordable housing units), Parcel 3 (a duplex) and Parcel 6 (a single family residence) have all
obtained building permits and achieved varying levels of completion; (3) the timing for the
development of the Parcels is uncertain and there is no policy reason for requiring that the free
market component of the subdivision be built immediately; (4) the Master Declaration of
Covenants for the subdivision limits the use of the Parcel to single family residential structures
(and an ADU in accordance with the PUD Agreement); and (5) there is no other reasonable use
of the Parcels given the existing development of the subdivision.
We respectfully request that the City Council grant exemption from vested rights in
accordance with Section 26.308.01OBI of the Code.
I have obtained mailing labels from the City GIS department for all owners within 300
feet of the Parcels. As soon as you provide a copy of the public notice, we will make sure it is
mailed. Also, enclosed is a check in the amount of $546.00 as the filing fee. Please let me know
if you need any additional information.
Sincerely,
KLEIN, COTE & EDWARDS, P.C.
111
Enclosures
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KLEIN, COTE & EDWA"S, P.C.
ATTORNEYS AT LAW
HERBERT S. KLEIN hsk@kcciaw.nct 201 NORTH MILL STREET. STE. 203
LANCE R. COTE, PC' lrc@kcelaw.net ASPEN, COLORADO 81611
JOSE•PH E. EDWARDS, Ill, LLC jcc kcelaw.net lT•a.EPI LONE: (970) 925-9700
MADHU B. KRISUNAMURTI mbk@kccluw...t FACSIMILE. (970) 925-3977
• aho admitted in CaUb.i. February 17, 2005
Chris Lee
City of Aspen Community Development Department
130 South Galena St.
Aspen, CO 81611
Re: Parcels 4, 7 & 8, Top of Mill Subdivision;
Exemption from Expiration of Vested Rights
Dear Chris:
The reason that the owners of Parcels 4, 7 Rr 8, Top of Mill Subdivision are seeking
exemption from expiration of vested rights is that we have been informed that the City is
considering changes to the UTR zone district, which is the underlying zone district for this PUD.
Also, the statutory vested rights are currently scheduled to expire in March of this year.
Please let me know if you have any additional questions.
Sincerely,
KLEIN, COTE & EDWARDS, P.C.
By: &dwards Joseph III
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46639
Page: I .6
SILVTA DAVIS PITKIN COUNTY CO R 35.00 4/Ig002 D20.0011:46G
ORDINANCE No. 7
SERIES OF 2002
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL
PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING
SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE,
SPECIAL REVIEW, GROWTH 1MIANAGEMENT QUOTA EXEMPTIONS
(GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF
MILL SITE TO LODGE / TOURIST RESIDENTIAL PUD AND
CONSERVATION, LOT 3 OF TIME ASPEN MOUNTAIN SUBDIVISION / PUD,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 273 7-182-85-003
WHEREAS, the Community Development Department received an application
from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant),
represented by Vann Associates, requesting Final Planned Unit Development (PUD)
approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD");
and
WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC
requested specific land use approvals as part of the Final PUD including Final PUD
Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special
Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and
WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of
AMPUD, received Conceptual PUD approval from City Council for AMPUD on
December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and
WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual
Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized
through Resolution No. 50, Series 2001; and
WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the
Parks Department, Aspen Consolidated Sanitation District, the Environmental Health
Department, the City Fire Department, the City Streets Department, the City Parking
Department, the City Water Department, and the City Electric Department reviewed the
development proposal for Lot 3 and provided written referral comments as a result of the
Development Review Committee meeting; and
WHEREAS, the Applicant appropriately applied for specific land use approvals
Pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen
Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth
Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and
• 66392
Page: 2 of 7
04/151/2002 11:4U
SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00
WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring
economy of time and clarity; and
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the project as would otherwise be required; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Director
recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3
with conditions; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of four to one (4 —1), Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and
WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable
conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting
Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series
of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council
hereby allowing this ordinance to supersede those resolutions regarding the conditions of
approval as stated herein; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the applicable Municipal Codes as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing
Authority, the applicable referral agencies, and has taken and considered public comment at
a public hearing; and.
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all 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 of Aspen City Council hereby approves, by a vote of five to
zero (5 — 0), a Final PUD Development Plan, Subdivision, Condominiumization,
Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and
Rezoning for Lot 3 AMPUD; and
WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
• f 46fi392
11�lf
Page: 3 of 7
.I I 04/19/2002 11:45G
SILVIA DAVIS PITXIN COUNTY CO R 35,00 0 0.00
Section 1
Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93,
Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and
allocated as shown in the matrix below.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for the Final PUD including Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of ANIPUD is hereby
approved with the following conditions:
1. The development shall comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements.
Regarding the concerns associated with the type of units of the four (4) deed -restricted
multi -family housing units on Parcel 2, should it not be possible to change the unit type,
Staff recommends the Applicant meet with Housing Authority Staff to maintain the
average of the Category 2, but to price one of the three bedroom units between Category
1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a
Category 3.
3. Three of the units on Parcel. 2 shall be distributed and sold under the general lottery
through the Housing Office. The Applicant shall be able to choose a buyer for one of the
units. However, the buyer must be a fully qualified employee under the category for the
unit chosen by the applicant; i.e., the potential buyer must meet income and asset
requirements, meet minimum occupancy, not own any other property in the Roaring Fork
Drainage System, and have worked in Pitkin County 1500 hours per year for the last four
years.
4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3
AMPUD within 30 (30) days after recordation of all Final PUD documents. The
Applicant may submit building permit applications at the Applicant's discretion, but no
sooner than the issuance of a building permit for the Bavarian Inn affordable housing
project. The Applicant shall be eligible for a Certificate of Occupancy for the free market
466�
Page: f 7
1 04/19/ 02 11:46P
SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00
multi -family units on Parcel l only after a Certificate of Occupancy has been issued for
the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate
of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be
constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of
Occupancy for an on -site accessory dwelling unit or upon the full payment of the
applicable affordable housing impact fee.
5. The accessory dwelling units (for Parcels 4 — 8) shall abide by the regulations in the Land
Use Code in effect at the time of building permit application and further defined in the
Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be
provided on Parcels 4 through 8, a payment -in -lieu fee shall be provided in the amount
required in the Guidelines at the time of building permit approval.
6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed -
restricted units.
7. Since the "for -sale" affordable housing units are to be developed on a separate parcel,
Parcel 2, a separate homeowner's association shall be established for the affordable
housing portion of the development.
8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3
and it's associated condominium (or planned community) documentation regarding the
separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that
ensures that the four (4) "for -sale" affordable housing units to be developed on Parcel 2,
shall comply with the representations made in the application, adhere to the conditions of
this Final PUD Approval, and comply with the required deed restrictions as administered
by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not
be unduly burdened by a disproportionate share of responsibilities associated with the
master homeowner's association or other homeowner associations established for the
free market residences on parcels I and 3 — 8.
9. Erosion control plans, including potential natural resource protection structures, and a
detailed plan for irrigation systems and other plantings within the City of Aspen right-of-
way shall be submitted by the Applicant to the Parks Department for approval prior to the
application of building permits. Separate erosion control plans shall be submitted by the
owners of each parcel prior to the issuance of a building permit for their respective
parcels.
10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent
Open Space Parcel "B" according to City of Aspen standards during the completion of
this project. This trail improvement shall meet engineering specifications as defined by
the City of Aspen Parks Department including a crusher fines trail surface, a width of
four feet, a trail sign located at the entrance of each trail identifying trail name and public
access, and the sign shall be designed and built to match the character of the
neighborhood. The Applicant shall submit a detailed plan for trail design and drainage.
Parks Department requests the applicant field stake the trail. The Applicant shall be
required to have the trail improvement completed and inspected to the satisfaction of the
Parks Department prior to the receipt of a Certificate of Occupancy for the free market
triplexes on Parcel 1.
466310
Page: 5 of 7
04/19/2002 It:45;
SILVIA DAVIS PITKIN COUNTY CO R 35.00 0 0.00
11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This
trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed
to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD /
Subdivision Agreement for Lot 3 and associated condominium (or planned community)
documents, the obligation by the master homeowner's association or Applicant to
improve the Top of Mill Trail, at such time the connection is realized, pursuant to the
Parks Department's design criteria. If the trail has not been improved to the satisfaction
of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD
Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the
City of Aspen equal to a sum defined by the Parks Department for the improvement of
the trail.
12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3
as required by the City of Aspen Fire Marshal. Appropriate "booster pumps'' (if required)
rather than pressure tanks for the sprinkler system shall be used to gain the necessary
water pressure as required by the City Fire Department. The owner of each parcel shall be
responsible for ensuring that any buildings constructed thereon shall comply with this
condition of approval. In addition, the Applicant shall submit a fire safety plan for the
demolition to be preformed by the Applicant of the existing structures and the
construction of the proposed development of Lot 3 to the Engineering Department at the
time of building permit application.
13. The Applicant shall execute a "Line Extension Request" and a "Collection System
Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building
permit application. In addition, forty percent (40%) of the estimated total connection fees
must be paid to ACSD by the applicant for service lines that are to be stubbed off the
main line into the specific parcels of this development.
14. The Applicant shall be required to show to the ACSD all service locations at the station
numbers on the final utility plans for this development prior to building permit
application. Additionally, the Applicant shall indicate to the ACSD if main line
easements in the ROW are to be dedicated by plat or by description.
15. The Applicant shall record the approved condominium (or planned community)
subdivision plat for Parcels 1, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin
County Clerk and Recorder within one hundred eighty (180) days of its approval by the
Community Development Director. Failure on the part of the Applicant to record the plat
within one hundred eighty (180) days following approval by the Community
Development Director shall render the plat invalid and a new application and approval
will be required.
16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days
of the final approval by City Council with the Pitkin County Clerk and Recorder binding
this property to this development approval.
17. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of
AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior
to their development. These Parcels shall only be required to respond to review standards
466i
04/19Page �
/2002 11;469
SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00
26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding
8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) thereby
precluding any further review of the same standards as indicated.
18. The owner of each parcel shall pay the required School Land Dedication Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
19. The owner of each parcel shall pay the required Park Development Impact Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the
six -space enclosed parking garage, requiring that the lot remain for parking purposes only
as part of the Summit Place Condominiums project.
21, It is understood that upon approval of this Final PUD, all remaining residential credits
associated with the AMPUD are hereby extinguished.
22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on
Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed
building set to be examined during building permit review.
23. The Applicant shall work closely with the City of Aspen Engineering Department to
ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto
South Mill Street.
24. While the development proposal meets virtually all of the proposed underlying L/TR and
Conservation zone districts' dimensional requirements, this Ordinance approves the
following modifications of the dimensional requirements:
a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft.
b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft.
c. Maximum Lot Size for Parcel 5 is 10,593 sq, ft.
d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft.
e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft.
f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft.
g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft.
h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft.
i. Minimum Front Yard Setback for Parcel 9 is 8 feet
j. Minimum East Side Yard Setback for Parcel 9 is 3 feet
k. Minimum West Side Yard Setback for Parcel 9 is 3 feet
I. Minimum Rear Yard Setback for Parcel 9 is 3 feet
1466392
Pape: 7 of 7
0/2002
SILVIA DAVIS PITKIN COUNTY CO R 35.00 0
00 4/1 0 0 011.46E
Section 3
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 Aspen 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 ertity.
Section 4
This Ordinance shall not effect 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 5
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.
Section 6
A public hearing on this Ordinance was held on the 11t' day of March at 5:00 pm in the
Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 25t' day of February, 2002.
C\; t*4 �f
h S.- h, City Clerk Helen it alin"K .
FINALLY, adopted, passed and approved this 11 th Day of March, 2002.
r
a( 'i A;
Attest:
L ath !! .
ch> City Clerk
Approved -as to form:
kn dreestor, City Attorney
Mayor
•
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Parcels 4, 7 & 8, Top of Mill SubdivisionAspen, CO
SCHEDULED PUBLIC HEARING DATE: March 14 .200 5
STATE OF COLORADO )
) SS.
County of Pitkin )
1, sue Gardner (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
x Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amen4ents.
,Signature '
The foregoing "Affidavit of Notice" was acknowledged before me this25thday
of February , 200 5 , by Sue Gardner
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 8/26/06
Notary Publ
MUR
. l
ATTACHMENTS: °
COPY OF THE PUBLICATION 1�TF of c°\`°
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
_� BY MMIL
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700 MONARCH ST #103 PO BOX 145
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LAS VEGAS, NV 89109
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1231 INDUSTRIAL RD
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FINKLE ARTHUR A & AMELIA
2655 LE JEUNE RD PENTHOUSE #1
CORAL GABLES, FL 33134
FREEDMAN MICHAEL & NANCI WOLF
32460 EVERGREEN
BEVERLY HILLS, MI 48025
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70 SW 10TH ST
DEERFIELD BEACH, FL 33441
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RICHARDS SUSAN TRUSTEE 50% INT
131 TREASURE HILL
SOUTH KENT, CT 06785
HILLMAN RICHARD HAYES TRUST
13562 D ESTE DR
PACIFIC PALISADES, CA 90272
KERR WAYNE & CATHY
2374 FOOTHILLS DR S
GOLDEN, CO 80401
LLOYD ASSOCIATES
LAYTON HOUSE, KEW GREEN
RICHMOND
SURREY ENGLAND TW93AF,
MAURER MICHAEL S QPRT
11550 N MERIDIAN ST #115
CARMEL, IN 46032
MICHAUD HOLLY 4.59% INT
314 MARLBOROUGH APT 3
BOSTON, MA 02116
NARDI STEPHEN J
PO BOX 641997
CHICAGO, IL 60664-1997
PETROVICH NICK D
PETROVICH ROSA DEL CARMEN
FERNANDEZ
C/O FRIAS PROP OA ASPEN-730 E
DURANT AVE
ASPEN, CO 81611-2072
ROANOKE INVESTORS LP
109 CLUB CREEK CT
PO BOX 17
ST ALBANS, MO 63073
www.averycom
• 1-800-GO-AVERY�
HALL THOMAS L PERS INCOME & ASSET
TRUST
15145 PAWNEE CIRCLE
LEAWOOD, KS 66224
HEMMETER GEORGE MEAD
1900 MYRTLE ISLAND DR
LAS VEGAS, NV 89112
JACOB PROPERTIES OF ASPEN LLC
500 FORD RD
MINNEAPOLIS, MN 55426
U AVERY@ 51600
HARDEN SHEILA
8111 CAMINITO MALLORCA
LA JOLLA, CA 92037
HIBBERD LORNA W FAMILY TRUST
PINE ISLAND
RYE, NY 10580
JAMES FAMILY TRUST 1/4 INT
1 CASTLEWOOD CT
NASHVILLE, TN 37215-4617
KWEI THOMAS AND AMY LEASURE BRIAN J
700 SOUTH MONARCH APT 306 1211 HERITAGE DR
ASPEN, CO 81611 CARBONDALE, CO 81623-3147
LOVETT WELLS T & MARY M MACAPA CORP
3035 WYNFIELD MEWS LN 9465 WILSHIRE BLVD STE 400
LOUISVILLE, KY 40206-1567 BEVERLY HILLS, CA 90212
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MCVICKER JULIET MEHRA RAMESH TRUSTEE
PO BOX 567 3115 WHITE EAGLE DR
MIDDLEDURY, VT 05753 NAPERVILLE, IL 60564
MOORE JOHN W 50% MURCHISON ANNE A
10426 WHITEBRIDGE LN PO BOX 8968
ST LOUIS, MO 63141 ASPEN, CO 81612
OLSEN MARSHALL G & SUSAN A PATRICK GARY R & PATRICIA A
PO BOX 12228 537 MARKET ST STE 202
ASPEN, CO 81612 CHATTANOOGA, TN 37402
POLLOCK WILLIAM HARRISON
PO BOX 2421
ASPEN, CO 81612
ROARING FORK PROPRIETARY LLC
2519 E 21 ST ST
TULSA, OK 74114
REARDON GENE F
PO BOX XX
ASPEN, CO 81612
ROBERT FAMILY TRUST 1/4 INT
771 FERST DR
ATLANTA, GA 30332-0245
AIOAV-09-008-1, ® @09LS 31VIdW31 pNany asD
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AVERY® 5160w
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• 1-800-GO-AVERY
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ROOKE JOAN ELIZABETH
S C JOHNSON AND SON INC
SANCHEZ MARIA J & AR JR
P 0 BOX 1035
TAX DEPT 412
PO BOX 2986
REFUGIO, TX 78377-1035
1525 HOWE ST
RACINE, WI 53403
LAREDO, TX 78044
SCHAINUCK LEWIS I & MICHELLE T
SCHALDACH NANCY REV TRUST
SCHERER ROBERT P JR
2900 OCEAN BLVD
C/O K WOLOSON
167 COUNTRY CLUB DR
CORONA DE MAR, CA 92625
1117 S RANCHO DR
LAS VEGAS, NV 89102-2216
GROSSE POINTE, MI 48236-2901
SCHIFFMAN ROBIN
SCHIMBERG HENRY & LINDA TRUST
SHAW GEORGE G 87.39% INT
700 MONARCH ST #103
C/O RACHEL DUGGAN
145 HUMBOLDT ST
ASPEN, CO 81611
750 DALRYMPLE RD APT D3
DENVER, CO 80218-3931
ATLANTA, GA 30328-1432
SHAW GEORGE W 8.02% INT
SHINE FAMILY LLC
SIMON HERBERT REV TRUST
525 E 72ND #22C
8677 LOGO 7 CT
8765 PINE RIDGE DR
NEW YORK, NY 10021
INDIANAPOLIS, IN 46219-1430
INDIANAPOLIS, IN 46260-1778
SMITH CARLETON K
STANFORD JOHN
CO MCVICKER JULIET
C/O LEE MILLER
STEWART STANLEY & RITA J TRUSTEES
PO BOX 567
747 S GALENA
747 S GALENA ST
MIDDLEBURY, VT 05753
ASPEN, CO 81611
ASPEN, CO 81611-1872
STUART FAMILY TRUST 1/4 INT
SUMMIT PLACE CONDOS
C/O PETER S HEARST
TOP OF MILL INVESTORS LLC
1 CASTLEWOOD CT
747 S GALENA
1000 S MILL ST
NASHVILLE, TN 37215-4617
ASPEN, CO 816111
ASPEN, CO 81611-3800
TOP OF MILL LLC
VELMAR A COLORADO CORP
WALDE WILLIAM L
1001 E CHERRY ST
400 E MAIN ST
6501 GOLDLEAF DR
COLUMBIA, MO 65201
ASPEN, CO 81611
BETHESDA, MD 20817
WAPITI RUNNING LLC
WARGASKI ROBERT E TRUST
WEIGAND N R
PO BOX 1003
30353 N DOWELL RD
150 N MARKET ST
ASPEN, CO 81612
MCHENRY, IL 60050
WICHITA, KS 67202
WELCH PATRICK T & DEBORAH P
WHEELER CONNIE CHRISTINE
ASPEN LODGING CO
MC CALLION GERARD
WILSON CHAR LES J
CHARMILD
747 S GALENA ST
322 E 57 TH ST #3B
2572 NE ED ST
ASPEN, CO 81611
NEW YORK, NY 10022-2949
JENSEN BEACH, FL 34957
ZIMAND SHERRY
5426 OSPREY ISLE LN
ORLANDO, FL 32819
ZUCKER HOWARD B & DEBRA L
107 S MCINTYRE WY
GOLDEN, CO 80401
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PUBLIC HEARING NOTICE
RE: EXEMPTION FROM EXPIRATION OF VESTED RIGHTS PARCELS 4,7 & 8, TOP
OF MILL SUBDIVISION (THE "PARCELS"), ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 62 AT PAGE 4 AS RECEPTION NO. 471099 OF THE
PITKIN COUNTY RECORDS.
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen
City Council at a meeting beginning at 5:00p.m. on Monday, March 14, 2005, at City
Hall, 130 South Galena Street, Aspen, Colorado. The purpose of the hearing is to
consider a request for an exemption from the expiration of vested rights pursuant to
Section 26.308.010131, City of Aspen Municipal Code, for the properties known and
described as Parcels 4, 7 & 8, Top of Mill Subdivision (the "Parcels"), according to the
plat thereof recorded in Plat Book 62 at Page 4 as Reception No. 471099 of the Pitkin
County Records. The names and addresses of the applicants are as follows: The
owner of Parcel 4 is Parcel 4 Top of Mill, LLC, a Colorado limited liability company. The
owner of Parcel 7 is JP Interests, LLC, a Delaware limited liability company. The owners
of Parcel 8 are LPRP River, LLC, and LPRP Mill, LLC, both Colorado limited liability
companies. The address for all owners of the Parcels is care of: Klein, Cote & Edwards,
P C , 201 North Mill Street, Ste, 203, Aspen, CO 81611.
For further information contact Joyce Allgaier, Aspen Community Development
Department at 130 South Galena Street, Aspen, CO 81611, 970-429-2757 (or by email
at joycea@ci.aspen.co.us). All affected parties may present comments and evidence
pertinent to the proposal.
0 0
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Parcels 4, 7 & 8, Top of Mill SubdivisigrAspen, CO
SCHEDULED PUBLIC HEARING DATE: March 14 ) 2005
STATE OF COLORADO )
) SS.
County of Pitkin )
I, Joseph E. Edwards, III (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was acknowledged before me this day
of March 200 5�by. Joseph E. Edwards, III
co,-*O\r0CP
S MY HAND AND OFFICIAL SEAL
y co ssion expire : • o
otary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGA9
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
iL The Aspen Times • Sunda}; February 21, 2005
The Nation
P'or Bush, a long embrace
of Socaai Security plea
By Richard W. Stevenson
The New York Times
WASHINGTON — The conservative
economists and public policy experts who
trooped in to brief George W. Bush on
Social Security not long after he was re-
elected governor of Texas in 1998 came
with their own ideas about how to overhaul
the retirement program. But they quickly
found that Bush, who was well into prepa,
rations for his fast presidential race and had
invited them to Austin for the discussion,
aheady knew where he was headed.
"He never said, 'What should I do about
Social Security?" said one of the partici-
pants in the meeting, Martin Anderson, who
had been a domestic policy adviser in the
Reagan administration. "On the day we
talked about Social Security, he said, 'We
have to find a way to allow people to invest
a percentage of their payroll tax in the capi-
tal markets. What do you think?"
Bush had long been intrigued by the idea
of allowing workers to put part of their
Social Security taxes into stocks and bonds.
One Tuesday in the summer of 1978, in the
heat of his unsuccessful race for a House
seat from West Texas, Bush went to the
Midland Country Club to give a campaign
speech to local real estate agents and dis-
cussed the issue in terms not much different
from those he uses now.
Social Security "will be bust in 10
years unless there are some changes," he
said, according to an account published
the next day in The Midland Reporter -
Telegram. 'The ideal solution would be
for Social Security to be made sound and
people given the chance to invest the
money the way they feel."
Two decades later, Bush's desire to
change Social Security intersected with
the promotion of private accounts by
well -financed interest groups and conser-
vative research organizations, which
viewed the concept as innovative if ideo-
logically explosive.
What was once a fringe proposal has
been propelled to the forefront of the
national agenda in one of the biggest gam-
bles of Bush's political career, and in one of
the most concerted challenges since the
New Deal to liberal. assumptions about the
relationship of individuals, the government
and the market.
Bush has told aides that he cannot
remember precisely when he was intro-
duced to the idea of individual investing as
part of Social Security, and until he ran for
president he did not have a high profile on
the issue. But he comes from a family with
deep roots on Wall Street; his great-grandfa-
ther founded an investment bank, and his
grandfather later ran Brown Brothers Harri-
man, one of the most prominent firms in the
world of finance.
His early political education included
exposure to the ideas of Sen. Bang Gold-
water, the conservative standard-bearer
who in 1964 was among the first Repub-
licans to make a national issue of private
investing as an alternative to traditional
Social Security, and Ronald Reagan, who
also took up the idea.
In Texas, before and during his years
as governor, aides say, Bush learned
about counties that had opted out of
Social Security under an old federal pro-
vision and instead offered their employ-
ees investment accounts. As governor,
his involvement in issues relating to
Latin America piqued his interest in
Chile's retirement system, which gave
workers the chance to invest and became
a prototype for other nations.
As he prepared to run for president,
Bush sought the opinions of people who
shared his belief in private accounts,
including Edward H. Crane, the president
of the Cato Institute, a libertarian.
research organization; Jose Pinera, the
architect of the Chilean system; and even
a Swedish official who helped revamp
his nation's retirement program.
GOP wearied by fight to
change Social Security
PUBLIC HEARING NOTICE
RE: EXEMPTION FROM EXPIRATION OF VESTED RIGHTS PARCELS 4, 7 8
8, TOP OF MILL SUBDIVISION (THE "PARCELS"), ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 4 AS RECEPTION
NO. 471099 OF THE PITKIN COUNTY RECORDS.
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen City
Council at a meeting beginning at 5:00p.m. on Monday, March 14, 2005, at City
Hall,130 South Galena Street, Aspen, Colorado. The purpose of the hearing is
to consider a request for an exemption from the expiration of vested rights
pursuant to Section 26.308.010B1, City of Aspen Municipal Code, for the
properties known and described as Parcels 4, 7 & 8, Top of Mill Subdivision (the
'Parcels'), according to the plat thereof recorded in Plat Book 62 at Page 4 as
Reception No. 471099 of the Pitkin County Records. The names and addresses
of the applicants are as follows: The owner of Parcel 4 is Parcel 4 Top of Mill,
LLC, a Colorado limited liability company. The owner of Parcel 7 is JP Interests,
LLC, a Delaware limited liability company. The owners of Parcel 8 are LPRP
River, LLC, and LPRP Mill; LLC, both Colorado, limited liability companies. The
address for all owners of the Parcels is care of: Klein, Cott: & Edwards, P.C., 201
North Mill Street, Ste. 203, Aspen, CO 81611.
For further Information contact Joyce Allgaler, Aspen
Community Development Department at 130 South Galena Street,
Aspen, CO 81511, 970-429-2757 (or by email at
)oyceaCfclaspen.co.us). All affected parties may present
comments and evidence pertinent to the proposal.
E
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Parcels 7 & 8, Top of Mill Subdivisio�LAspen, CO
SCHEDULED PUBLIC HEARING DATE: March 14 , 200 5
STATE OF COLORADO )
) SS.
County of Pitkin )
I, Herbert S. Klein (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 27tiday of
February , 2005 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments. i
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 28 day
of February — 200 5,by Herbert S. Klein
GAR
gQ •� •O� A R 1-'•�'A
J ; WITNESS MY HAND AND OFFICIAL SEAL
o My mmission pir Z 3/ 0 7
�,. A(
F
tary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
TOGRAPH OF THE POSTED NOTICE
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
L
•
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PURPOSEr<��•��,oht
�QwJietw<:1 i;o $ ifwlt..St.i1}•,p1[Yl.
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11
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:Parcel 4, Top of Mill Subdivision Aspen, CO
SCHEDULED PUBLIC HEARING DATE: March 14 , 2005
STATE OF COLORADO )
) ss.
County of Pitkin )
I, Herbert S. Klein (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the27thday of
Eehrun r;4 , 200 5 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours�for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this28thday
of February . 2005 , by Herbert S. Klein
R. GARDE
�Q.•'0 A R•1-. �'A
WITNESS MY HAND AND OFFICIAL SEAL
My c mmission expire 3/3/07
c ... • O iC�L��CJ
F G F C,
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN ,
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
•
0
A
• ;..��c� � _ ram, �,., _
March 4, 2005
Chris Lee
Pitkin County Community Development
130 S. Galena St.
Aspen, CO 81611
Re: Consent to Process Land Use Application -
E-,cmption from Expiration of Vested Rights
Parcel 4, Top of Mill Subdivision
Dear Chris:
This letter authorizes the law firm K1.FIN, COTE & EDWARDS, P.C. to process an
application for exemption from expiration of vested rights for Parcel 4, Top of Mill
Subdivision/PUD. .�
Sincerely,
Parcel 4 T9p of Mill, LLC
Manager
•
•
March 4, 2005
Chris Lee
City of Aspen Community_ Development
130 S. Galena St.
Aspen, CO 81611
Re: Consent to Process Land Use Application -
Exemption from Expiration of Vested Rights
Parcel 7, Top of Mill Subdivision
Dear Chris:
This letter authorizes the law firm KLEIN, COTE & EDWARDS, P.C. to process an
application for exemption from expiration of vested rights for Parcel 7, Top of Mill
Subdivision/Pi D
Sincerely,
JP Interests, LLC
•
•
March 4, ZOOS
Chris Lee
City of Aspen Community Development
130 S. Galena St.
Aspen, CO 81611
Re: Consent to Process Land Use Application -
Exemption from Expiration of Vested Rights
Parcel 8, Top of Mill Subdivision
Dear Chris:
This letter authorizes the law firm KLEIN, COTE & EDWARDS, P.C. to process an
application for exemption from expiration of vested rights for Parcel 8, Top of Mill
Subdivision/PUD.
Sincerely,
LPRP River, LLC
By:
Herbert Klein, Manager
LPRP Mill, LLC ,
i
By:�~��
Herbert S. Klein, Manager
•
C�
KLEIN, COTE & EDWARDS, P.C.
ATTORNEYS AT LAW
HERBERT S. KLEIN
hsk((jb cc1aw.net
201 NORTH MILL STREET, STE. 203
LANCE R. COTE, PC-
Irc@kcclaw.net
ASPEN, COLORADO 91611
JOSEPH E. EDWARDS, III, LLC
jec@4elaw.nel
IELEPIIONE: (970) 925-9700
MADHU B. KRISHNAMUR77
mbk@kocluw.net
FACSIMILE. (970) 925-3977
'dwaanuteainCali mi■ February 17, 2005
Chris Lee
City of Aspen Community Development Department
130 South Galena St.
Aspen, CO 81611
Re: Parcels 4, 7 do 8, Top of Mill Subdivision;
Exemption from Expiration of Vested Rights
Dear Chris:
The reason that the owners of Parcels 4, 7 & 8, Top of Mill Subdivision are seeking
exemption from expiration of vested rights is that we have been informed that the City is
considering changes to the L/TR zone district, which is the underlying zone district for this PUD.
Also, the statutory vested rights are currently scheduled to expire in March of this year.
Please let me know if you have any additional questions.
Sincerely,
KLEIN, COTE & EDWARDS, P.C.
i-
By: ifs
Joseph wards III
t
U Icc.doc
EXECUTION COPY
SUBDIVISION/PUD AGREEMENT
FOR
TOP OF MILL SUBDIVISION/PUD
THIS SUBDIVISION/PUD AGREEMENT ("Agreement") is made and entered this lz' *
day of August 2002, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal
corporation ("City") and TOP OF MILL INVESTORS, LLC, a Delaware limited liability company
("TOMI").
RECITALS
WHEREAS, the City and Savanah Limited Partnership, a Delaware limited partnership
("Savanah"), are parties to that certain First Amended and Restated Planned Unit
Development/Subdivision Agreement Aspen Mountain Subdivision ("First Amended PUD
Agreement") dated October 3, 1988 and recorded in the records of Pitkin County, Colorado, on
October 3, I988 in Book 574 at Page 792, as the same has been amended as hereinafter more
particularly set forth; and
WHEREAS, on January 11, 2001 TOMI acquired from Savanah certain real property situated
within the Aspen Mountain Subdivision, which real property is also situated within the municipal
boundaries of the City known as Lot 3, First Amended Plat Aspen Mountain Subdivision and
Planned Unit Development, according to the Plat thereof filed October 3, 1988 in Plat Book 21 at
Page 35 ("Top of Mill"); and
WHEREAS, the First Amended PUD Agreement directs that at such time as Top of Mill
receives final PUD development approval, a PUD Agreement shall be executed by the parties setting
forth such final approvals and incorporating all conditions and assurances that may be reasonably
required by the City in connection therewith; and
WHEREAS, TOMI has submitted to the City an Application for Final PUD Development
Plan Approval (the "Application") pursuant to the June 1996 reprint of Title 26, Land Use
Regulations of the 1995 Aspen Municipal Code (the "1996 Code") including approval, execution
and recordation of a Final Plat for Top of Mill (the "Final Plat"); and
WHEREAS, the City has fully considered the Application and the Final Plat, the proposed
development and improvement of Top of Mill contained therein, and the effects of the proposed
development and improvement of said lands on adjoining or neighboring properties and property
owners; and
WHEREAS, the City has imposed certain conditions and recluirements in connection with its
approval, execution and recordation of the Final Plat, such matters being necessary to protect,
promote and enhance the public welfare; and
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WHEREAS, TOMI is willing to acknowledge, accept, abide by and faithfully perform the
conditions and requirements imposed by the City in approving the Application and the Final Plat;
and
WHEREAS, under the authority of Sections 26.84.040(C and D) and 26.88.050(C and D) of
the 1996 Code, the City is entitled to certain financial guarantees to ensure that (i) the required public
facilities are installed and (ii) the required landscaping is installed and maintained, and TOME is
prepared to provide such guarantees as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the approval, execution and acceptance of the Final Plat for recordation by the City,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1
PURPOSE AND EFFECT OF AGREEMENT
1.1 Prior Amendments to the First Amended PUD Agreement. The parties
acknowledge and agree that the First Amended PUD Agreement has previously been amended by the
following, which shall hereinafter be collectively referred to as the "Section M Amendments":
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(a) June 1990 Section M Amendment.
(b) June 1991 Section M Amendment.
(c) August 1992 Section M Amendment.
(d) October 1992 Section M Amendment.
(e) February 1993 Section M Amendment.
M June 1995 Section M Amendment (Ordinance No. 33-95).
(9) May 1998 Section M Amendment (Ordinance No. 8-98).
(h) September 1999 Section M Amendment (Ordinance No. 38-99).
(i) December 2000 Section M Amendment (Ordinance No. 53-00).
0) June 2002 Section M Amendment (Ordinance No. 15-02).
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1.2 Purpose of this Agreement. This Agreement is executed by the parties in
accordance with the requirements of the First Amended PUD Agreement, as amended by the Section
M Amendments, that a new PUD Agreement be executed at the time of final development approval
for Top of Mill. The purpose of this Agreement is to set forth the complete and comprehensive
agreement between the parties with respect to the development that has been approved for Top of
Mill and to enumerate all terms and conditions under which such development may occur. The
effect of this Agreement is to terminate, supersede and replace all provisions of the First Amended
PUD Agreement and the Section M Amendments, which relate in any manner to Top of Mill. In the
event of any inconsistency between the provisions of this Agreement and the provisions of the First
Amended PUD Agreement, as amended by the Section M Amendments, the provisions of this
Agreement shall control. Nothing in this Agreement modifies, revokes, amends or affects any
provision of the First Amended PUD Agreement, as amended by the Section M Amendments, which
relates to Lot 1, 2, 4, 5 or 6 of the Aspen Mountain Subdivision/PUD, unless expressly revoked or
modified hereby. All provisions of the First Amended PUD Agreement, as amended by the Section
M Amendments, which relate to Lots 1, 2, 4, 5 and 6 of the Aspen Mountain Subdivision/PUD, shall
remain in full force and effect, except to the extent they may be otherwise amended.
ARTICLE 2
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS
2.1 Zoning and Regulatory Approvals.
(a) Resolution and Ordinance ofApproval. Conceptual PUD development plan
approval for Top of Mill was granted by the Aspen City Council in Resolution No. 99-93,
approved and adopted on December 6,1999. By adoption of Resolution No. 01-50, adopted
on May 29, 2001, the Aspen City Council granted amended conceptual PUD Development
Plan approval for Top of Mill, which is to be subdivided into eight (8) development parcels,
two (2) open space parcels and a parcel of approximately 2,745 square feet containing an
existing parking garage ("Parcel 9") for the benefit of Lot 2, Aspen Mountain
Subdivision/PUD, known as the Summit Place Condominiums. By adoption of Ordinance
No. 7, Series of 2002, adopted on March 11, 2002 and recorded April 19, 2002 as Reception
No. 466392 ("Ordinance No. 7"), the Aspen City Council granted Final PUD Development
Plan and Subdivision Approval for Top of Mill. Ordinance No. 7 also granted (i) a growth
management quota system exemption for the affordable housing units to be constructed on
Parcel 2, Top of Mill; (ii) rezoning of that portion of Top of Mill previously zoned R-15
(PUD) (L), Moderate -Density Residential, Planned Unit Development, Lodge Overlay and a
portion of Top of Mill zoned C, Conservation to L/TR (PUD), Lodge/Tourist Residential,
Planned Unit Development; (iii) Condominiumization, Mountain View Plane, Special
Review, and 8040 Greenline Review; and (iv) approval to construct an Accessory Dwelling
Unit ("ADU") on Parcel 3 of Top of Mill. The exterior boundaries of the eight (8)
development parcels, two (2) open space parcels and Parcel 9 are depicted on the Final Plat
for Top of Mill which will be recorded contemporaneously with this Agreement. The Final
Plat for Top of Mill also depicts the allowed building set backs within the eight (8)
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development parcels. TOMI shall convey Parcel 9 to the Summit Place Condominium
owners association immediately after the Final Plat for Top of Mill is recorded and, upon
such conveyance, Parcel 9 shall not be covered by, or subject to this Agreement except as set
forth in Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh) below. The instrument by which TOMI
conveys Parcel 9 shall contain a restriction to ensure that Parcel 9 will always serve to
provide parking for the benefit of Lot 2, Aspen Mountain Subdivision and that development
on Parcel 9 shall be limited to the existing garage and trash storage structures or any
replacement thereof. Pursuant to Section 26.304.060.13 of the April 2000 reprint of Title 26,
Land Use Regulations of the 1995 Aspen Municipal Code, the Community Development
Director, in consultation with TOMl, permitted and directed a modification in review
procedures to combine Final PUD Development Plan, Subdivision, Condominiumization,
Mountain View Plan, Special Review, GMQS Exemption, 8040 Greenline Review and
Rezoning Review for the purposes of ensuring economy of time and clarity. This Agreement
incorporates all the provisions of Ordinance No. 7. To the extent of any conflict between the
terms of this Agreement and the provisions of Ordinance No. 7, this Agreement shall govern
and control.
(b) PUD Variations. Pursuant to Ordinance No. 7, the Aspen City Council
approved the following variations in the dimensional requirements of the L/TR,
Lodge/Tourist Residential and C, Conservation zone districts:
(i) Maximum Lot Size. An increase in the maximum lot size for single
family and duplex dwelling units. The size of Parcels 3, 4, 5, 6, 7 and 8 shall be as
depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this
Agreement.
(ii) Minimum Lot Size. A reduction in the minimum lot size requirement.
The size of Parcel 9 and Open Space Parcel B shall be as depicted on the Final Plat
for Top of MiII to be recorded contemporaneously with this Agreement.
(iii) Minimum Setbacks. A reduction in the minimum setback
requirements. The front, side and rear yard setbacks on Parcel 9 shall be as depicted
on the Final Plat for Top of Mill to be recorded contemporaneously with this
Agreement.
(c) Parking, 8040 Greenline and Mountain Viewplane Approval. Pursuant to
Ordinance 7, the Aspen City Council granted (i) special review approval of the off-street
parking requirements for the affordable housing units approved for development on Parcel 2,
Top of Mill, (ii) 8040 greenline approval for Parcels 1, 2 and 3, Top of Mill and (iii)
mountain viewplane approval for all development parcels on the Top of Mill. The
development of the free market single-family dwellings proposed for Parcels 4 - 8 shall be
subject to a site and design specific 8040 Greenline Review prior to their development. These
Parcels shall only be required to respond to review standards 26.68.030 (C)(3) and 26.68.030
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(C)(7) of the 1996 Code. Ordinance No. 7 approves Parcels 4- 8 regarding 8040 Greenline
Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) of the 1996 Code thereby
precluding any further review of such standards.
(d) Vested Rights. In accordance with the requirements of C.R.S. 24-68-103(b) a
properly noticed public hearing concerning the establishment of vested property rights for
Top of Mill was conducted on March 11, 2002. As authorized by C.R.S. 24-68-102(4)(a),
City and TOMI hereby agree that the Final Plat, the Top of Mill Final PUD Development
Plan and all other documents recorded contemporaneously therewith, collectively constitute
the site specific development plan as used in Article 68, Title 24, C.R.S., for Top of Mill. In
accordance with applicable provisions of Ordinance No.7, Series of 2001, the City has
granted vested property rights for a period of three (3) years from the date of approval of
Ordinance No. 7, for the development of Top of Mill in accordance with the documents
which are herein agreed to constitute the site specific development plan for Top of Mill.
2.2 Development Approvals. Top of Mill has been approved for subdivision into eight
(8) development parcels, identified on the Final Plat and throughout this Agreement as Parcels 1, 2,
3, 4, 5, 6, 7 and 8, two (2) open space parcels which are identified as Open Space Parcels A and B on
the Final Plat, and Parcel 9 which is identified as Parcel 9 on the Final Plat. The eight (8)
development parcels on Top of Mill may be developed as follows:
(a) Development on Parcel 1. Approval is hereby granted for the development of
six (6) free market, four -bedroom, multi -family townhouse units on Parcel 1. Such units shall be
contained in two (2) separate triplex structures. Each individual townhouse unit shall contain no
more than 4,500 square feet of floor area. Development on Parcel 1 is Iimited to a maximum
allowable floor area of27,000 square feet. TOMI shall further subdivide Parcel l by the creation of
a common interest community. Prior to the conveyance of any interest in Parcel 1, a common
interest community plat for either a condominium or planned community (as determined by TOMI)
shall be duly recorded. TOMI shall record the approved condominium (or planned community)
subdivision plat for Parcel 1 in the office of the Pitkin County Clerk and Recorder within one
hundred eighty (180) days of its approval by the Community Development Director. If TOMI fails to
record the approved plat within one hundred eighty (180) days following approval by the Community
Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to
the Community Development Director for approval.
(b) Development on Parcel 2. Approval is hereby granted for the development of
four (4) affordable housing units on Parcel 2. Such units shall be contained within a single
multifamily structure. Three (3) of said units shall be three -bedroom units, each having no
less than 1550 square feet of net livable area and the fourth unit shall be a four -bedroom unit
having no less than 1870 square feet of net livable area; provided, however, that the actual
amount of net livable area in each unit shall be determined at the time of building permit
application. Development on Parcel 2 is limited to a maximum allowable floor area of 8,000
square feet. TOMI shall further subdivide Parcel 2 by the creation of a common interest
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community, Prior to the conveyance of any interest in Parcel 2, a common interest
community plat for either a condominium or planned community (as determined by TOMI)
shall be duly recorded. TOMI shall record the approved condominium (or planned
community) subdivision plat for Parcel 2 in the office of the Pitkin County Clerk and
Recorder within one hundred eighty (180) days of its approval by the Community
Development Director. If TOMI fails to record the approved plat within one hundred eighty
(180) days following approval by the Community Development Director, the plat shall be
invalid and TOMI shall be required to submit a new plat to the Community Development
Director for approval. The affordable housing units to be developed on Parcel 2 shall comply
with all representations made by TOMI in connection with the Application and comply with
the deed restrictions administered by APCHA. A master owner's association for Top of
Mill to be known as "Top of Mill Master Association", or such other name determined by
TOMI (the "Master Association") will be formed as a master association to exercise the
functions set forth in the Master Declaration of Protective Covenants of Top of Mill (the
"Master Declaration") and to own, lease, hold, operate, care for and manage certain property
for the common benefit of owners of the Parcels within Top of Mill. A separate owners
association shall be created for the affordable housing units on Parcel 2, which shall
participate in, and be subject to the Master Association and Master Declaration. The Master
Declaration shall provide that all annual and special assessments under the Master
Declaration shall be allocated 1/1 7h to each of the four (4) affordable housing units on Parcel
2, and that until such time as the units are constructed, Parcel 2 shall be allocated 4/17,' of all
annual and special assessments. In addition, there will be a separate assessment for
maintenance, repair, replacement or improvements to Top of Mill Street (the private road
shown on the Final Plat) and the sidewalks within Top of Mill (the "Private Road
Assessment"). Six percent (6%) of the Private Road Assessment shall be allocated to Parcel
2 (i.e., 1.5% per unit for each of the four (4) affordable housing units on Parcel 2).
Notwithstanding the foregoing allocations, the Master Declaration shall provide that annual
and special assessments and Private Road Assessments against any affordable housing unit
on Parcel 2 shall not exceed one thousand dollars M 000.00) per unit per year.
(i) Affordability of Parcel 2 Units. The four (4) affordable housing units
approved for development on Parcel 2 completely satisfy all requirements of the
City's Multifamily Housing Replacement Program with respect to the demolition of
multi -family dwelling units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen
Mountain Subdivision/PUD. TOMI shall meet with APCHA to maintain the average
price of the of the four (4) affordable housing units approved for development on
Parcel 2 to APCHA Category 2, but to price one of the three bedroom units shall be
priced between Category 1 and 2, and the price of the 4-bedroom unit shall be
between Category 2 and 3, but marketed and sold as a Category 3 unit. Three of the
four units on Parcel 2 shall be distributed and sold under the general lottery through
APCHA. TOMI shall be able to choose a buyer for one of the units (and designate
the unit to be purchased). However, the buyer chosen by TOMI must be a fully
qualified employee under the category for the unit chosen; i.e., the potential buyer
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must meet income and asset requirements, meet minimum occupancy requirements,
not own any other property in the Roaring Fork Drainage System, and have worked
in Pitkin County 1500 hours per year for the previous four years. At the time a
Certificate of Occupancy is issued for any affordable housing unit constructed on
Parcel 2, APCHA shall have the right to conduct a site visit.
(c) Development on Parcel 3. Approval is hereby granted for the development of
two (2) free market dwelling units on Parcel 3. Such units shall be contained within one (1)
duplex structure. Each dwelling unit within the duplex structure may contain a maximum of
four bedrooms and no more than 4,500 square feet of floor area. Development on Parcel 3 is
limited to a maximum allowable floor area of 9,000 square feet. TOMI shall further
subdivide Parcel 3 by the creation of a common interest community. Prior to the conveyance
of any interest in Parcel 3, a common interest community plat for either a condominium or
planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the
approved condominium (or planned community) subdivision plat for Parcel 3 in the office of
the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval
by the Community Development Director. If TOMI fails to record the approved plat within
one hundred eighty (180) days following approval by the Community Development Director,
the plat shall be invalid and TOMI shall be required to submit a new plat to the Community
Development Director for approval.
(i) Accessory Dwelling Unit on Parcel 3. One (1) of the units within the
duplex structure approved for development on Parcel 3 shall contain an ADU or the
owner of Parcel 3, at its election, shall make a cash in lieu payment thereof. The
ADU shall be deed restricted and constructed in accordance with the City's ADU
regulations under the 1996 Code. At the time a Certificate of Occupancy is issued for
the ADU, APCHA shall have the right to conduct a site visit. If the owner of parcel 3
elects not to construct the ADU, a cash in lieu payment shall be made in accordance
with the City's ADU regulations in effect at the time of building permit issuance.
(d) Development on Parcel 4. Approval is hereby granted for the development of
one (1) detached, free market single family residence on Parcel 4. Development on Parcel 4
is limited to a maximum allowable floor area of 6,200 square feet, which shall include the
ADU if constructed at the owner's election under Section 2.2(i), below.
(e) Development on Parcel 5. Approval is hereby granted for the development of
one (1) detached, free market single family residence on Parcel 5. Development on Parcel 5
is limited to a maximum allowable floor area of 5,200 square feet, which shall include the
ADU if constructed at the owner's election under Section 2.2(i), below.
(f) Development on Parcel 6. Approval is hereby granted for the development of
one (1) detached, free market single family residence on Parcel 6. Development on Parcel 6
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is limited to a maximum allowable floor area of 5,200 square feet, which shall include the
ADU if constructed at the owner's election under Section 2.2(i), below.
(g) Development on Parcel 7. Approval is hereby granted for the development of
one (1) detached, free market single family residence on Parcel 7. Development on Parcel 7
is limited to a maximum allowable floor area of 6,500 square feet, which shall include the
ADU if constructed at the owner's election under Section 2.2(i), below.
(h) Development on Parcel 8. Approval is hereby granted for the development of
one (1) detached, free market single family residence on Parcel 8. Development on parcel 8
is limited to a maximum allowable floor area of 6,500 square feet, which shall include the
ADU if constructed at the owner's election under Section 2.2(i), below.
(i) Accessory Dwelling Units on Parcels 4, .i, 6, 7 and 8. Each of the single
family detached units approved for construction on Parcels 4, 5, 6, 7 and 8 shall contain an
ADU, or the owner of each Parcel, at his election, shall make a cash in lieu payment thereof.
The decision whether to construct an ADU or make a cash in lieu payment may be made on
a parcel -by -parcel basis. If an ADU is constructed, it shall be approved, deed restricted and
in every other respect constructed in accordance with the City's ADU regulations in effect at
the time of building permit application for each structure. If a cash in lieu payment is made,
it shall be made in accordance with the City's ADU regulations in effect at the time of
issuance of the applicable building permit. If an ADU is constructed on any Parcel, at the
time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to
conduct a site visit.
0) Exemption from GMQS. The thirteen (13) free market units approved for
development on Top of Mill as hereinabove described are exempt from the City's growth
management quota system as the development rights for such units are derived from the 47
residential development rights held by TOMI under the First Amended -R3JD Agreement.
TOMI's construction of the four (4) deed restricted affordable housing units on parcel 2 and
the six (6) ADU's on Parcels 3-8 (or payment of cash in lieu thereof from the owners of
Parcels 3-8), shall constitute compliance with all applicable City regulations with respect to
the demolition and reconstruction of existing single family, duplex and multi -family
residential units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen Mountain
Subdivision/PUD. No further affordable housing shall be required in connection with the
development of Top of Mill as approved in this Agreement. It is understood that upon
recording of this Agreement and recording of the Subdivision/PUD Agreement for Lot 5,
Aspen Mountain Subdivision/PUD, no residential credits associated with the Aspen
Mountain Subdivision/PUD will remain (it being understood that all remaining residential
credits associated with the Aspen Mountain Subdivision/PUD will have been used in
connection with Top of Mill and said Lot 5, Aspen Mountain Subdivision/PUD).
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(k) Calculation of Floor Area. The calculation of allowable floor area for all
structures and units approved for development on Top of Mill shall be made in accordance
with the City's floor area regulations in effect at the time of the building permit application
for each particular structure; provided, however, the maximum allowable floor areas set forth
in this Agreement shall not be reduced (i.e., all required adjustments for calculating
allowable floor area, such as steep slopes, easements, etc., have already been considered in
determining the floor areas set forth in this Agreement).
(1) Parking. A minimum of twelve (12) off-street parking spaces shall be
provided on Parcel 1; eight (8) off-street parking spaces shall be provided on Parcel 2; four
(4) off-street parking spaces shall be provided on Parcel 3; and two (2) off-street parking
spaces shalt be provided on each of Parcels 4 - 8.
(m) Common Access Driveway, Access Road and Sidewalk Curb and Gutter.
(i) Common Access Driveway. Vehicular access to the townhouse units
on Parcel I shall be from a common driveway from Mill Street. TOME shall be
responsible to construct the Parcel I common driveway in connection with the
construction of any improvement on Parcel 1. After completion of construction of
the common driveway, all costs associated with the maintenance and repair,
including snowplowing, of the common driveway shall be paid by the owners of the
units located on Parcel 1.
(ii) Access Road Vehicular access to Parcels 2 through 8 shall be from a
Private road, identified on the Final Plat as "Top of Mill Street", to be extended from
the existing terminus of South Mill Street. TOME has dedicated on the Final Plat, for
the benefit of owners of Parcels 2 through 8, their guests and invitees, a perpetual
non-exclusive easement for all ingress and egress purposes upon Top of Mill Street.
TOMI shall be responsible for the construction of Top of Mill Street as a subdivision
improvement in accordance with Section 2.3 of this Agreement. After completion of
said construction, all costs associated with the maintenance and repair, including
snowplowing, of Top of Mill Street, shall be paid by owners of Parcels 2 through 8.
(iii) Sidewalk, Curb and Gutter. TOMI shall install a sidewalk along the
west side of Mill Street between Summit Street and the entrance to Top of Mill
Street. TOMI shall install a curb and gutter on the west side of Mill Street adjacent
to Parcel l and along Top of Mill Street. Such improvements shall be installed as
subdivision improvements in accordance with Section 2.3 of this Agreement and as
shown on the Final PUD Development Plan for Top of Mill to be recorded
contemporaneously with the Final Plat and this Agreement.
(n) Utilities. TOMI shall install all utilities shown on the Schematic Utility Plan
for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement.
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All such utilities shall be installed as subdivision improvements in accordance with Section
2.3 of this Agreement. TOMI shall be required to show to the Aspen Consolidated
Sanitation District ("ACSD") all service locations at the station numbers on the final utility
plans for Top of Mill prior to building permit application. Additionally, TOMI shall indicate
to the ACSD if main line easements within any City rights -of -way are to be dedicated by plat
or by description. In addition, TOMI shall execute a "Line Extension Request" and a
"Collection System Agreement" with ACSD prior to building permit application. Unless
otherwise agreed to by TOMI and ACSD: (i) forty percent (40%) of the estimated total
connection fees must be paid by TOMI to ACSD at the time service lines are stubbed off the
main line into the specific Parcels of Top of Mill and (ii) the remaining balance of the
connection fees shall be paid by the owner of the Parcel at the time service is established to
such owner's Parcel.
(0) Landscaping. TOMI shall install and otherwise implement all landscaping for
Parcels 1, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is
to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for
Parcels 4-8 shall be the responsibility of the respective owners of those Parcels.
(p) Trail Easements.
(i) Ton of Mill Trail, The Final Plat vacates the Top of Mill Trail
Easement as shown on the First Amended Plat Aspen Mountain Subdivision and
Planned Unit Development filed October 3, 1988 in Plat Book 21 at Page 35 (the
"First Amended Plat'. The new Top of Mill Trail Easement shall be dedicated to
the public for pedestrian purposes, as more fully set forth in that certain Top of Mill
Trail Easement Agreement between TONE and the City of Aspen attached hereto as
Exhibit "A-1 ", to be recorded after: (1) publicly dedicated trails through adjoining
lands have been connected up with the easterly and westerly ends of said Top of Mill
Trail Easement; (2) the City of Aspen notifies TOMI thereof; and (3) an as -built legal
description is available (and provided by TOMI) for the portion of the Top of Mill
Trail Easement lying between the western boundary of Parcels 1 and 8 and the
western boundary of Open Space Parcel B (it being understood that the Final Plat
merely indicates the general vicinity of the new Top of Mill Trail Easement in that
area and that the Top of Mill Trail Easement in that area will be located and aligned
after the trail is constructed in that area). The public dedication shall also include the
right, on the part of the public, to cross Top of NEI] Street in order to utilize the Top
of Mill Trail Easement. Until such time as said public dedication shall become
effective, TOMI dedicates and sets apart to the Master Association for the exclusive
use and benefit of the owners, from time to time, of Parcels 1 through 8, their guests
and invitees, for pedestrian purposes, an easement across and through said Top of
Mill Trail Easement. Upon conveyance to the Master Association of said Top ofMill
Trail Easement and until the public dedication shall become effective, the Master
Association shall be: (a) responsible for the maintenance of said trail and (b) entitled
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to adopt and enforce reasonable rules and regulations concerning the use thereof.
TOMI, for itself, its successors and assigns, shall improve the Top of Mill Trail
Easement as it lies within Top of Mill by constructing a four -foot (4') wide single
track path with underlying matting and a crusher -fine surface; provided, however,
that TOMI shall have no obligation to improve that portion of the Top of Mill Trail
Easement lying between the Aspen Mountain Trail and the western boundary of
Open Space Parcel B unless and until publicly dedicated trails through adjoining
lands have been connected up with the easterly and westerly ends of Top of Mill Trail
Easement. If TOMI has not improved the Top of Mill Trail Easement as required
herein at the time the public dedication becomes effective, TOM] shall deposit into
escrow with the City of Aspen sufficient funds, in an amount determined by the City,
to pay of the cost of completing said improvements. If said improvements have not
been completed within five (5) years of the date this Agreement is recorded, whether
due to the fact that publicly dedicated trails through adjoining lands have not been
connected up with the easterly and westerly ends of said Top of Mill Trail Easement
or otherwise, the funds deposited into escrow by TOMI for this purpose shall be
released to the City and TOMI shall thereafter be relieved of any further obligation to
improve the Top of Mill Trail Easement. Upon recordation of the Top of Mill Trail
Easement Agreement, the portion of the Top of Mill Trail Easement depicted on the
Final Plat located between the western boundary of Parcels I and 8 and the western
boundary of Open Space Parcel B shall automatically be vacated and replaced by the
portion of the Top of Mill Trail Easement in that area described in the Top of Mill
Trail Easement Agreement.
(ii) Aspen Mountain Trail. The Final Plat vacates the Aspen Mountain
Trail as shown on the First Amended Plat. The Aspen Mountain Trail Easement
shown on the First Amended Plat will be replaced by a new Aspen Mountain Trail
Easement to be located and aligned in the general vicinity depicted on the Final
Plat; however, the Aspen Mountain Trail Easement depicted on the Final Plat
merely indicates the general vicinity of the new Aspen Mountain Trail Easement.
The new Aspen Mountain Trail Easement shall be dedicated to the public for
pedestrian and skiing purposes only as more fully set forth in that certain Aspen
Mountain Trail Easement Agreement between TOME and the City of Aspen
attached hereto as Exhibit "A-2", to be recorded at a later date (the "Aspen
Mountain Trail Easement Agreement'. The Aspen Mountain Trail Easement
Agreement shall be recorded after TOMI and the City of Aspen have agreed upon
the actual location and alignment for the new Aspen Mountain Trail Easement.
After TOME and the City of Aspen have agreed upon the actual location and
alignment for the new Aspen Mountain Trail Easement, TOMI shall provide in
recordable form an as -built legal description of said new Aspen Mountain Trail
Easement that shall be attached to, and recorded with, the Aspen Mountain Trail
Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement
Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall
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automatically be vacated and replaced by the Aspen Mountain Trail Easement
described in the Aspen Mountain Trail Easement Agreement.
(q) Drainage. TOME shall install the drainage improvements shown on the
Grading and Drainage Plan to be recorded contemporaneously with the Final Plat and this
Agreement. Drainage improvements shall be installed as a subdivision improvement in
accordance with Section 2.3 of this Agreement. In addition, TOMI has granted the City a
twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel
A as depicted on the Final Plat to be used solely for the purpose of allowing the City to
install, maintain and repair a storm drain pipe within said easement, as more fully set forth in
that certain Storm Drain Pipe Easement Agreement between TOMI and the City of Aspen
attached hereto as Exhibit "B" to be recorded contemporaneously with this Agreement.
(r) Air Quality. During all construction activities on Top of Mill, TOMI shall
comply with the fugitive dust control specification included as part of the Construction
Management Plan that will be submitted prior to building permit issuance. All development
within Top of Mill shall comply with the Environmental Health Department's woodburning
stove/fireplace regulations in effect at the time of issuance of the applicable building permit.
(s) Improvement Districts. On behalf of itself and all future owners of any
property within Top of Mill, TOMI hereby agrees to join any future improvement districts
that may be formed for the purpose of constructing improvements that benefit the subject
property under an assessment formula. To the extent any future improvement districts are
formed for storm sewers, storm water retention or slope movement, TOMI shall receive a
credit against any amounts that may be assessed against it for amounts paid pursuant to
subparagraphs (dd), (ee) or (ff) below.
(t) School Land Dedication Fees. The owner of each Parcel shall pay the
required School Land Dedication Fee to the City of Aspen, which is due and payable at the
time of building permit application for the development of its parcel. This fee shall be
assessed at the rate of the regulations and calculations in effect at the time of the building
permit application.
(u) Park Development Impact Fees. The owner of each Parcel shall pay the
required Park Development Impact Fee to the City of Aspen, which is due and payable at the
time of building permit application for the development of its parcel. This fee shall be
assessed at the rate of the regulations and calculations in effect at the time of the building
permit application.
(v) Exterior Lighting. All exterior lighting within Top of Mill shall comply with
the Site and Exterior Lighting Plan to be recorded contemporaneously with the Final Plat and
this Agreement. TOMI shall be required to submit detailed "cut sheets" for the proposed
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street lights on Top of Mill indicating the correct lumens on the lighting plan as part of the
detailed building set to be examined during building permit review.
(w) Work in Public Rights -of -Way. TOMI shall first receive the approval of the
appropriate City Department and/or utility/service district prior to commencement of any
work within a public right-of-way.
(x) Damage to Public Rights -of -Way. TOMI shall repair any public right-of-way
damaged during construction on any Parcel within Top of Mill prior to issuance of a
certificate of occupancy for any structure on said Parcel.
(y) Construction Hours. Construction activity within Top of Mill shall be limited
to the hours between 7:00 am. and 7:00 p.m., Monday through Saturday. No construction
activity shall be permitted on Sunday.
(z) Construction Management Plan. During all construction activities on Top of
Mill, TOMI shall comply with the Construction Management Plan that will be submitted
prior to building permit issuance.
(aa) Infrastructure and Removal of Fill. TOMI shall have the right to apply for
permits for construction of infrastructure and removal of fill from Top of Mill at any time
after approval of Ordinance No. 7.
(bb) Erosion Control. Erosion control plans, including potential natural resource
protection structures, and a detailed plan for irrigation systems and other plantings within the
City of Aspen right-of-way shall be submitted by TOMI to the Parks Department for
approval prior to the application of building permits. Separate erosion control plans shall be
submitted by the owners of each Parcel prior to the issuance of a building permit for their
respective Parcels.
(cc) Street Impact Fees. TOM1 and Grand Aspen Lodging, LLC have contributed
$83,000.00 in Street Impact Fees to the City of Aspen in connection with the proposed
development on Top of Mill and on Lot 5 of the Aspen Mountain SubdiviSion/PUD. No
additional street impact fees will be charged in connection with Top of Mill or Lot 5 of the
Aspen Mountain Subdivision/PUD.
(dd) Storm Sewer. The City of Aspen has agreed to install a storm sewer pipeline
adjoining Mill Street and the southern property line of Top of Mill that will run down Mill
Street and tap into the City's existing storm sewer line at or above Durant Street. TOMI has
paid the City $14,000.00 towards the cost of designing a complete infrastructure system for
South Mill Street and will pay up to an additional $66,000.00 towards the cost of such
system within 30 days after completion, as long as it is completed by October 1, 2002. Once
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the infrastructure has been constructed at Top of Mill, TOMI shall connect the Top of Mill
storm sewer system with the City's and there shall be no cost to TOMI to do so.
(ee) Rio Grande Ponds. The City has a plan to upgrade its storm water retention
ponds at Rio Grande Park, the cost of which shall be borne by all new development in the
City. TOMI and Grand Aspen Lodging, LLC shall contribute $144,000.00 towards the
construction of such upgrades within six (6) months of the latest to occur of (i) the recording
of the Final Plat or (ii) the recording of the final plat for Lot 5 of the Aspen Mountain
Subdivision/PUD. No additional costs of the upgrades will be charged to TOMI, Grand
Aspen Lodging, LLC or the owners of any real property within Top of Mill or Lot 5 of the
Aspen Mountain Subdivision/PUD. If the City has not proceeded with the aforementioned
upgrades within five years of the date of this Agreement, the entire $144,000.00 (plus
accrued interest) shall be returned to TOMI and Grand Aspen Lodging, LLC.
(ff) Slope Movement Monitoring System. The City Engineering Department has
requested TOMI to voluntarily contribute $55,000.00 towards the cost of studying and/or
developing a slope movement monitoring system for slopes above the City of Aspen.
Although TOMI is not aware of any need for such system, or has ever been shown the
necessity of such a system above Top of Mill, TOMI has agreed to contribute $55,000.00 for
such purpose with the restriction that such funds be used solely for studying and/or
developing a system for slopes above Top of Mill. TOMI's contribution under this
paragraph shall be made within six (6) months of the recordation of the Final Plat. The City
shall hold such funds in escrow and shall be dispersed only for the purposes described in this
paragraph and upon mutual approval of TOMI and the City. If the City has not proceeded
with the aforementioned study and/or development within three years of the date of this
Agreement, the entire $55,000.00 (plus accrued interest) shall be returned to TOMI.
(gg) Fire Protection. Fire sprinklers and alarm systems shall be installed in all the
proposed buildings on Top of Mill as required by the City of Aspen Fire Marshal.
Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system
shall be used to gain the necessary water pressure as required by the City Fire Department.
The owner of each Parcel shall be responsible for ensuring that any buildings constructed
thereon shall comply with this condition of approval. In addition, TOME shall submit a fire
safety plan for the demolition of the existing structures to be preformed by TOME and the
construction of the proposed development of Top of Mill to the Engineering Department at
the time of building permit application.
(hh) Development on Parcel 9. Development on Parcel 9 shall be limited to the
existing garage and trash storage structures and any replacement thereof (whether due to
casualty, obsolescence or otherwise), which replacement shall be for the same use; occur
only within the footprint of said existing structures and the existing square footage of said
structures cannot be increased. The provisions of this Paragraph 2.2(hh) and 2.1(b)(ii) and
(iii) above shall be binding on Parcel 9.
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2.3 Subdivision Improvements. TOMI shall complete the following subdivision
improvements, all as depicted on the Final PUD Development Plan for Top of Mill, which is
attached to and recorded as a part of the Final Plat.
(a) Excavation and removal of approximately 28,000 cubic yards of excess fill to
bring the site back to the base elevations utilized in the site grading plan.
(b) ' Construction of approximately 1,000 linear feet of sidewalk both in the public
right-of-way (820 linear feet) and internal to the project site.
(c) Installation of two handicap sidewalk ramps.
(d) Installation of up to 4 street lights in the public right-of-way and on Top of
Mill Street.
(e) Construction of approximately 1,200 linear feet of new curb and gutter along
the west side of the South Mill Street as well as along Top of Mill Street.
(fl Construction of approximately 900 linear feet of 8 inch diameter ductile iron
water main extension including two fire hydrants and related gate valves and fittings.
(9) Construction of approximately 480 linear feet of 8 inch diameter PVC sewer
main extension including 6 sewer manholes and appurtenances.
(h) Installation of approximately 650 linear feet of electric primary, gas, phone
and cable TV lines.
(i) Installation of site drainage improvements including 620 linear feet of storm
drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious areas.
6) Placement of 4,500 square yards of asphalt or concrete paving.
(k) Construction of approximately 500 linear feet of 4-foot wide gravel path
within Top of Mill Trail Easement.
(1) Construction of approximately 590 linear feet of 4-foot wide gravel path
within Aspen Mountain Trail Easement.
2.4 Cost of Subdivision Improvements. The current estimated cost of the subdivision
improvements described in Section 2.3 above, as more specifically set forth in the Engineer's
Estimate of Cost prepared by Schmueser Gordon Meyer, Inc. dated May 31, 2002, a copy of which is
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attached hereto as Exhibit "C" and made apart hereof by this reference, and as approved by the City
Engineer, is $746,925.00. TOME shall complete construction of the aforesaid subdivision
improvements in accordance with a Construction Schedule to be submitted to the City Engineering
Department simultaneously with submission of the financial guarantee described in Section 2.6
hereof.
2.5 Landscape Plan and Related Costs. TOMI shall install all landscaping on Parcels
1, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded
contemporaneously with the Final Plat and this Agreement. Landscaping for Parcels 4-8 shall be the
responsibility of the respective owners of those Parcels. TOMI shall ensure the success of all
landscaping installed by TOMI pursuant to the Landscape Plan for a period of two (2) years from the
date of installation. TONE shall replace any landscaping installed by TOMI that fails during such
two (2) year period except where damage or destruction of such landscaping is caused by individual
property owners. After installation and initial grow -in of such landscaping, the Master Association
shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within
Open Space Parcel A, the homeowners association for the townhouses on Parcel 1 shall have the
responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within parcel 1, and the
homeowners association for the affordable housing units on Parcel 2 shall have the responsibility to
irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 2. The owners of the
duplex units on Parcel 3 shall have the responsibility to irrigate, mow, trim, and otherwise maintain
the landscaping within Parcel 3. The current estimated cost of implementing the Landscape Plan and
for assuring the success of said landscaping for a period of two (2) years after installation, as more
specifically set forth in the schedule prepared by DHM Design Corporation dated May 15, 2002,
attached hereto as Exhibit "D" and made a part hereof by this reference, and as approved by the City
Engineer, is $82,182.00.00 for Parcel 1; $47,600.00 for Parcel 2; $ 31,023.00 for Parcel 3; and
$55,887.00 for Open Space Parcel A.
2.6 Financial Assurances.
(a) In order to ensure construction and installation of the subdivision improvements
described in Section 2.3 above, and to guarantee 100 percent of the current estimated cost of the
subdivision improvements, TOMI shall provide to the City an irrevocable letter of credit from a
financially responsible lender in the amount of $746,925.00 (the "Subdivision Improvements Letter
of Credit'). The Subdivision Improvements Letter of Credit shall be provided to the City prior to
the issuance of a building permit for the construction of the first residential structure on Top of Mill.
(b) In order to ensure construction and installation of the Iandscaping improvements
described in Section 2.5 above, and to guarantee 125 percent of the current estimated cost of the
landscaping improvements (including 2 years of maintenance thereof), TOMI shall provide to the
City irrevocable letters of credit from a financially responsible lender in the amount of $102, 727.50
(i.e., 125% of $82,182.00) for the landscaping improvements on Parcel 1; $59,500.00 (i.e., 125% of
$47,600.00) for the landscaping improvements on Parcel 2; $38,778.75 (i.e., 1250/u of $31,023.00)
for the landscaping improvements on Parcel 3; and $69,858.75 (i.e., 125% of $55,887.00) for the
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landscaping improvements on Open Space Parcel A; (each, a "Landscaping Letter of Credit", and
collectively, the "Landscaping Letters of Credit"). The Landscaping Letter of Credit for Parcel I shall
be provided to the City at the time of building permit application for Parcel 1. The Landscaping
Letter of Credit for Parcel 2shall be provided to the City at the time of building permit application for
Parcel 2. The Landscaping Letter of Credit for Parcel 3 shall be provided to the City at the time of
building permit application for Parcel 3. The Landscaping Letter of Credit for Open Space Parcel A
shall be provided to the City with the first Landscaping Letter of Credit for Parcels 1, 2 or 3 (e.g., if
TOMI applies for a building permit for Parcel 1 before Parcels 2 or 3, then the Landscaping Letters
of Credit for Parcels I and Open Space Parcel A shall be provided at the time of building permit
application for Parcel 1).
(c) The Landscaping Letters of Credit and the Subdivision Improvements Letter of Credit
(together, the "Letters of Credit") shall be in a form reasonably acceptable to the City Attorney and
the City Manager, and give the City the unconditional right, upon default by TOMI to draw on funds
as necessary and upon demand to partially or fully complete and/or pay for any of such
improvements or pay any outstanding and delinquent bills for work done thereon by any party, with
any excess letter of credit amounts 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 Letter of Credit is released to TOMI.
Provided, however, that TOMI shall be given fourteen (14) days written notice of default (and the
right to cure during said period) prior to the City's ability to make a draw under any Letter of Credit.
Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events
beyond the reasonable control of TOMI shall not constitute a default hereunder so long as a good
faith effort is being made to remedy the problem and the problem is in fact resolved within a
reasonable period of time following its occurrence. As portions of the improvements required are
completed, the City Engineer shall inspect the subdivision improvements and the City Parks
Department shall inspect the landscaping improvements, and upon approval and written acceptance,
a reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an
amount equal to the agreed estimated cost for the completed portion of the improvements; provided,
however, that ten percent 0 0%) of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer or City Parks Department, as the
case may be, and with respect to landscaping improvements, an additional twenty-five percent (25%)
of the estimated cost thereof shall be retained until the landscaping improvements have been
maintained in a satisfactory condition for two (2) years.
(d) It is the express understanding of the parties that compliance with the procedure set
forth in Section 2.7 below pertaining to the procedure for default and amendment of this Agreement
shall not be required with respect to the enforcement and implementation of these financial
assurances and guarantees to be provided by TOMI as set forth above.
2.7 Noncompliance and Request for Amendments or Extensions by TOMI. In the
event that the City Council determines that TOMI is not acting in substantial compliance with the
terns of this Agreement, the City Council shall notify TOMI in writing specifying the alleged non-
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compliance and asking that TOMI remedy the alleged non-compliance within such reasonable time
as the City Council may determine, but not less than 30 days. If the City Council determines that
TOMI has not complied within such time, the City Council may issue and serve upon TOMI a
written order specifying the alleged non-compliance and requiring TOMI to remedy the same within
thirty (30) days thereafter. Within twenty (20) days of the receipt of such order, TOMI may file with
the City Council either a notice advising the City Council that it is in compliance 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.
UNn the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the order of non-compliance 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,
including the imposition of daily fines until such noncompliance has been remedied, the withholding
of permits and/or certificates of occupancy, as applicable; provided, however, no order shall
terminate any land use approval. The City Council may also grant such variances, extensions of time
or amendments to this Agreement, 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 if TOMI demonstrates by a preponderance of the
evidence that the reasons for the delay(s) which necessitate said extensions) result from acts of God
or other events beyond the reasonable control of TOMI, despite good faith efforts on its part to
perform in a timely manner.
2.8 Top of Mill Construction Schedule. Development of Top of Mill shall comply with
the most recent municipal engineering practice standards and the "Best Management Practices"
(BMPs) identified for water quality control requirements. The development shall occur in accordance
with the time frames set forth below, which are contained in Aspen City Council Ordinance No. 15,
Series of 2002 ("Ordinance No. 15-02"):
(a) TOMI may submit building permit applications for construction of infrastructure and
removal of fill any time after approval of Ordinance 7, but such applications shall be submitted no
later than thirty (30) days after recordation of this Agreement and the Final Plat.
(b) TOMI may submit building permit applications for the improvements to be
constructed on Parcels l and 2 any time after recordation of this Agreement and the Final Plat.
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(c) TOMI may submit building permit applications for the improvements to be
constructed on Parcels 3,4,5,6,7 and 8 any time after approval of Ordinance 7, but not before a
building permit is issued to Bavarian Affordable Housing, LLC for "Phase I" of the Bavarian Inn
Affordable Housing Project.
(d) No certificate of occupancy for any townhome unit to be constructed on Parcel 1 shall
be issued until a certificate of occupancy has been issued for the affordable housing units to be
constructed on Parcel 2.
(e) The certificate of occupancy for the free-market improvements to be constructed on
any of Parcels 3,4, 5, 6, 7 and 8 shall not be issued until a certificate of occupancy has been issued
for the on -site accessory dwelling unit on any such Parcel or the owner of such Parcel has paid the
applicable affordable housing impact fee.
To the extent of any conflict between the terms of this Agreement and the provisions of
Ordinance No. 15-02, this Agreement shall govern and control.
ARTICLE 3
GENERAL PROVISIONS
3.1 The provisions hereof shall be binding upon and inure to the benefit of TOW and
City and each of their respective successors and assigns.
3.2 This Agreement shall be subject to and construed in accordance with the laws of the
State of Colorado.
3.3 If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase,
word, or section or the application thereof in any circumstance is invalidated, such invalidity shall
not affect the validity of the remainder of this Agreement, and the application of any such provision,
paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected
thereby.
3.4 This Agreement and the Exhibits attached hereto contains the entire understanding
between the parties hereto with respect to the transactions contemplated hereunder. TOMI, its
successors or assigns may, on its own initiative, petition the City Council for an amendment to this
Agreement or an extension of one or more of the time periods required for performance hereunder.
The City Council shall not unreasonably deny such petition for amendment or extension after
considering all appropriate circumstances. Any such amendments or extensions of time shall only
become effective upon the execution by all parties hereto that are affected by the proposed
amendment (it being understood that after TOMI conveys Parcel 9 as described in Section 2.1(a)
above, Parcel 9 shall not, except as provided in Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh) above, be
covered by, or subject to this Agreement; and, excepting only said Paragraphs 2.1(b)(ii) and (iii) and
2.2(hh), this Agreement may be amended without the consent of the owner of Parcel 9). The
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provisions of this Agreement shall supersede and replace Section M of the First Amended PUD
Agreement as it relates to Top of Mill.
3.5 Numerical and title headings contained in this Agreement are for convenience only,
and shall not be deemed determinative of the substance contained herein. As used herein, where the
context requires, the use of the singular shall include the plural and the use of any gender shall
include all genders.
3.6 Upon execution of this Agreement by all parties hereto, City agrees to approve and
execute this Agreement and the Final Plat, and cause the same to be promptly recorded in the office
of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by
TOML
3.7 Notices to be given to the parties to this Agreement shall be considered to be given if
hand delivered or if deposited in the United States Mail to the parties by registered or certified mail
at the addresses indicated below, or such other addresses as may be substituted upon written notice
by the parties or their successors or assigns:
City: City of AspenI I ill 471100
City Manager gILVIR DHVISt11i 111111111111111111111111111111 111111 Page: 20 of 47
TKIN COUNTY Co /16/20000 2:27F
130 South Galena Street R 236.00
Aspen, CO 81611
TOMI: Top of Mill Investors, LLC
c/o Four Peaks Development, LLC
1000 S. Mill Street
Aspen, CO 81611
With copy to: Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
3.8 The terms, conditions, provisions and obligations herein contained shall be deemed
covenants that run with and burden the real property more particularly described herein and any and
all owners hereof, their successors, grantees or assigns, and further shall inure to the benefit of and
be specifically enforceable by or against the parties hereto, their successors, grantees and assigns.
[Signatures on Next Page]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day
and year first above written.
ATTEST:
I W14 Is I I
APPROVED AS TO FORM;
Jo VJ rcester, ity Attorney
CITY:
CITY OF ASPEN, COLORADO,
a Colorado municipal Eoitnoratinn
evuA , Mayor
TOMI:
TOP OF MILL INVESTORS, LLC,
a Delaw limited liability comp �
By:
David ar xer, Director
[Acknowledgments on ?Text Page]
471100
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� gIS/2002f02 27p
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0.00
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The above and foregoing document was acknowledged before me this ZD da of
2002 b Ue l y
' y �' h 1�-- c� Qy c as Mayor and
Kathryn . Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation,
Witness my hand and off
My commission expires:
STATE OF NL014b0
ss
COUNTY OF I t N )
The above and foregoing document was acknowledged before me this 8"' day of August
2002, by David Parker as Director for Top of Mill Investors, LLC, a Delaware limited liability
company.
Witness my hand and official
My commission expires: MYCOMMISSIONEXPIRES . =r" ?rQ
r U1,kR
r•..
Notaiy
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EXHIBIT "A-1"
CITY OF ASPEN
TOP OF MILL TRAIL EASEMENT
THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors,
LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of
Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City."
For good and valuable considerations, the receipt and adequacy of which are hereby
acknowledged, the parties hereby agree as follows:
1. Easement. Grantor hereby grants to the City a non-exclusive ten foot (10') foot wide
easement, hereinafter referred to as the "Top of Mill Trail Easement" or the "Easement" over and
across the real property located in Pitkin County, Colorado, more particularly described on Exhibit
"A" attached hereto and incorporated herein, for use by members of the public solely for pedestrian
purposes. The easement granted herein shall also include the right, on the part of the public to cross
Top of Mill Street as shown on the Final Plat of Top of Mill Subdivision/PUD recorded
, 2002 in Book at Page as Reception No. (the "Final Plat") in
order to utilize the Easement. The City shall be permitted to make improvements to the Easement
only to the extent required for drainage, safety and maintenance of the trail. No other improvements
by the City (e.g., lighting, etc.) shall be permitted.
While the Easement runs through lands owned by Grantor, access to the Easement may only
be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement
shall be the responsibility of the City. Except as specifically provided herein, no other lands of
Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express
or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor
reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all
purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or
members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall
have the right to grant any easements to utility companies over or under the Easement.
The City agrees to maintain the Easement at its sole expense; provided, however, that the
City shall have the right to assign its maintenance responsibilities to whatever person or entity the
City deems is desirable for the effective utilization and maintenance of the Easement granted herein.
If the City fails to maintain the Easement within a reasonable period after notice from Grantor that
the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the
Easement and the City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor.
The Easement is granted subject to all existing easements, restrictions and covenants of
record.
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Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be
engaged in construction in connection with its proposed development of the Top of Mill
Subdivision/PUD and that use of the Easement during construction is potentially dangerous and
likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall
have the right to use the Easement until a certificate of occupancy has been issued for the townhomes
to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a
certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1,
Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from
time -to -time when Grantor reasonably determines that use of the Easement will potentially conflict
with Grantor's construction activities.
Upon recordation of this Easement Agreement, the portion of the Top of Mill Trail Easement
depicted on the Final Plat located between the western boundary of Parcels 1 and 8, Top of Mill
Subdivision/PUD and the western boundary of Open Space Parcel B, Top of Mill Subdivision/PUD
shall automatically be vacated and replaced by the portion of the Top of Mill Trail Easement
described in this Easement Agreement in that area.
2. Easement Utilization. This Easement is solely for use by the public for pedestrian
purposes. No hunting, horses or pedal bikes, such as mountain bikes shall be permitted on the
Easement. The use of motor vehicles is also prohibited, except to the extent necessary from time to
time for the construction and maintenance of the trail or for emergency vehicles when necessary.
The grant of the easement, as described herein, shall be strictly construed.
3. Trail Construction. Subject to seasonal conditions, Grantor shall improve the
Easement as it lies within Top of Mill by constructing a four -foot (4') wide single track path with
underlying matting and a crusher -fine surface. If, at the time this Easement Agreement is recorded,
Grantor has not yet completed such improvements, Grantor shall deposit into escrow with the City
sufficient funds, in an amount determined by the City, to pay of the cost of completing said
improvements. If said improvements have not been completed by [Insert date
that is five (5) years after the date that the Top of Mill Subdivision/PUD Agreement is recorded],
whether due to the fact that publicly dedicated trails through adjoining lands have not been connected
up with the easterly and westerly ends of the Easement or otherwise, the funds deposited into escrow
by Grantor for this purpose shall be released to the City and Grantor shall thereafter be relieved of
any further obligation to improve the Easement.
4. Maintenance, Hold harmless and Insurance; The parties expressly acknowledge
that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the
benefits, protection and limitations on liability afforded by Colorado law governing recreational
easements, including, but not limited to, Colorado Revised Statute § 33-41-101, gt M., as amended.
By granting the Easement, Grantor shall have no obligation to repair, clear or othenvise maintain the
area within the Easement, or to insure or indemnify the City or any member of the public for any
injury, claim or damage to any person or property, whether alleged to have occurred as a result of use
of the Easement or due to the condition of the trail.
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By accepting the Easement granted herein, the City agrees, to the extent permitted by Iaw, to
defend and hold Grantor and its successors and assigns harmless, subject to the procedural
requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Revised
Statutes § 24-10-101, et sea., as amended, for any injury, claim or damage to any person or property
as a result of use of the Easement or due to the condition of the trail.
5. Risht to Relocate. Grantor retains the right to relocate the Easement and/or the trail
located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and
with the prior written approval of the City as to relocation, procedure and method of reconstruction
of the public trail, which approval by the City shall not be unreasonably withheld as long as the
proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the
same extent as this Easement, and so long as the improvements so constructed also serve said
purposes.
6. Amendment. This Easement and the rights and obligations granted and assumed
herein may not be modified except by a writing signed by Grantor and City, or their respective
successors and assigns, as applicable.
7. Notices. Any notices given pursuant to the terms of this Easement shall be given by
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior
written notice of the change of address has been given to the other parties listed below. Said notices
shall be sent to the parties hereto at the following address unless otherwise notified in writing:
Grantor: Top of Mill Investors, LLC
1000 S. Mill Street
Aspen, Colorado 81611
Attn: Scott Writer
With a copy to: Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, Colorado 81611
City: City of Aspen
130 S. GaIena Street
Aspen, Colorado 81611
Attn: City Manager
8. Venue. Grantor and City agree that his Easement is made in accordance with the laws
of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of
Pitkin County, Colorado.
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9. Enforcement. Each of Grantor and the City shall have the right and power to bring
suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of
this Easement. The failure of a party to insist upon the performance of any provisions or to exercise
any right or option available to it, or to serve any notice or to institute any action, shall not be a
waiver or a relinquishment for the future, of any such provision. If any court proceedings are
instituted in connection with the rights of enforcement and remedies provided in this easement, the
prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable
attorneys' fees, in connection therewith.
10. Designation of Successor. Grantor, by instrument duly recorded in the real estate
records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and
remedies of Grantor hereunder.
11. Term. The term of this easement shall be permanent and perpetual, so long as the
City shall comply with the terms, provisions and conditions set forth herein.
12. Successors and Assigns. All the provisions of this easement, including the benefits
and burdens created thereby, shall run with the land and be binding upon all persons who hereafter
acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed
or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be
binding upon the parties hereto, their heirs, successors, assigns and personal representatives.
[Signatures on Next Page]
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ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
EXECUTION COPY
GRANTOR:
TOP OF MILL INVESTORS, LLC
a Delaware limited liability company
By:
Print Name:
Title:
CITY:
CITY OF ASPEN,
a Colorado Municipal corporation
By:
Print Name:
Title:
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EXECUTION COPY
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Easement was acknowledged before me this day of , 2002
by , asof Top of Mill investors, LLC, a
Delaware limited liability company.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
) ss.
COUNTY OF PITKIN
Notary Public
The foregoing Easement was acknowledged before me this day of 2002
by
Municipal corporation.
as
Witness my hand and official seal.
My commission expires:
Notary Public
of the City of Aspen, a Colorado
471100
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EXHIBIT "A" TO EXHIBIT "A-1"
(Legal Description of Ton of Mill Trail Easement)
Top of Mill Trail Easement, according to the Final Plat of Top of Mill Subdivision/PUD, a
planned community recorded , 2002 in Book at Page as Reception No,
COUNTY OF PITKIN,
STATE OF COLORADO.
471100
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EXHIBIT 6&A-2"
CITY OF ASPEN
ASPEN MOUNTAIN TRAIL EASEMENT
THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors,
LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of
Aspen, Colorado, a Municipal corporation, hereinafter referred to as the "City."
For good and valuable considerations, the receipt and adequacy of which are hereby
acknowledged, the parties hereby agree as follows:
1. Easement. Grantor hereby grants to the City a non-exclusive thirty foot (30') wide
easement, hereinafter referred to as the "Aspen Mountain Trail Easement" or "Easement" over and
across the real property located in Pitkin County, Colorado, more particularly described on Exhibit
"A" attached hereto and incorporated herein, for use by members of the public strictly as a trail for
pedestrian and skiing purposes. The City shall be permitted to make improvements to the Easement
only to the extent required for drainage, safety and maintenance of the trail. No other improvements
by the City (e.g., lighting, etc.) shall be permitted.
While the Easement runs through lands owned by Grantor, access to the Easement may only
be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement
shall be the responsibility of the City. No other lands of Grantor may be used to access the Easement
and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not
described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the
Easement and the land beneath and the airspace above for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by the City or members of the public of the rights
herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any
easements to utility companies over or under the Easement.
The Easement is granted subject to all existing easements, restrictions and covenants of
record.
The City agrees to maintain the Easement at its sole expense; provided, however, that the
City shall have the right to assign its maintenance responsibilities to whatever person or entity the
City deems is desirable for the effective utilization and maintenance of the Easement granted herein.
If the City fails to maintain the Easement within a reasonable period after notice from Grantor that
the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the
Easement and the City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor.
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Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be
engaged in construction in connection with its proposed development of the Top of Mill
Subdivision/PUD and that use of the Easement during construction is potentially dangerous and
likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall
have the right to use the Easement until a certificate of occupancy has been issued for the townhomes
to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a
certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1,
Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from
time -to -time when Grantor reasonably determines that use of the Easement will potentially conflict
with Grantor's construction activities.
2. Easement Utilization. This Easement is solely for use as a trail for pedestrian and
skiing purposes by the public, which for purposes of this Easement includes the right to use horses
and pedal bikes, such as mountain bikes. No hunting shall be permitted on the Easement. The use of
motor vehicles is also prohibited, except to the extent necessary from time to time for the
construction and maintenance of the trail or for emergency vehicles when necessary. The grant of
the easement, as described herein, shall be strictly construed.
3. Trail Construction. Subject to seasonal conditions, Grantor shall improve said
Easement by constructing a four -foot (4') wide single track path with underlying matting and a
crusher -fine surface, installation of trail signs at the ends of the trail identifying the trail name and
public access, which signs shall be designed and built in accordance with City of Aspen Parks
Department standards.
4. Maintenance, Hold harmless and Insurance. The parties expressly acknowledge
that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the
benefits, protection and limitations on liability afforded by Colorado law governing recreational
easements, including, but not limited to, Colorado Revised Statute § 33-41-101, etet sew.., as amended.
By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the
area within the Easement, or to insure or indemnify the City or any member of the public for any
injury, claim or damage to any person or property, whether alleged to have occurred as a result of use
of the Easement or due to the condition of the trail.
By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to
defend and hold Grantor and its successors and assigns harmless, subject to the procedural
requirements and monetary limits of the Colorado Governmental Immunity Act, Colorado Revised
Statutes § 24-10-101, et se4., as amended, for any injury, claim or damage to any person or property
as a result of use of the Easement or due to the condition of the trail.
5. Rhzht to Relocate. Grantor retains the right to relocate the Easement and/or the trail
located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and
with the prior written approval of the City as to relocation, procedure and method of reconstruction
of the public trail, which approval by the City shall not be unreasonably withheld as long as the
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proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the
same extend as this Easement, and so long as the improvements so constructed also serve said
purposes.
6. Vacation of Prior Aspen Mountain Trail Easements. Reference is made to the
Final Plat for the Top of Mill Subdivision/PUD recorded , 2002 in Book at Page
as Reception No. (the "Final Plat"). The Final Plat (i) vacates the Aspen Mountain
Trail as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit
Development, according to the Plat thereof filed October 3, 1988 in Plat Book 21 at Page 35 (the
"First Amended Plat") and (ii) depicts the general vicinity of a new Aspen Mountain Trail Easement
that will be located, aligned and dedicated by this Easement Agreement. Upon recordation of this
Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall
automatically be vacated and replaced by the Easement described and dedicated in this Easement
Agreement.
7. Amendment. This Easement and the rights and obligations granted and assumed
herein may not be modified except by a writing signed by Grantor and City, or their respective
successors and assigns, as applicable.
8. Notices. Any notices given pursuant to the terms of this Easement shall be given by
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior
written notice of the change of address has been given to the other parties listed below.
Said notices shall be sent to the parties hereto at the following address unless otherwise
notified in writing:
Grantor: Top of Mill Investors, LLC
1000 S. Mill Street
Aspen, Colorado 81611
Attn: Scott Writer
With a copy to: Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, Colorado 81611
City: City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Attn: City Manager
38181-16 32
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9. Venue. Grantor and City agree that his Easement is made in accordance with the laws
of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of
Pitkin County, Colorado.
10. Enforcement. Each of Grantor and the City shall have the right and power to bring
suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of
this Easement. The failure of a party to insist upon the performance of any provisions or to exercise
any right or option available to it, or to serve any notice or to institute any action, shall not be a
waiver or a relinquishment for the future, of any such provision. If any court proceedings are
instituted in connection with the rights of enforcement and remedies provided in this easement, the
prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable
attorneys' fees, in connection therewith.
11. Designation of Successor. Grantor, by instrument duly recorded in the real estate
records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and
remedies of Grantor hereunder.
12. Term. The term of this easement shall be permanent and perpetual, so long as the
City shall comply with the terms, provisions and conditions set forth herein.
13. Successors and Assigns. All the provisions of this easement, including the benefits
and burdens created thereby, shall run with the land and be binding upon all persons who hereafter
acquire any interest in the property described in Exhibit'W, whether as an owner, renter, trust deed
or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be
binding upon the parties hereto, their heirs, successors, assigns and personal representatives.
471100
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0
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
J431rw rceaer, City Attorney
EXECUTION COPY
GRANTOR:
TOP OF MILL INVESTORS, LLC
a Delaware limited liability company
By:
Print Name:
Title:
CITY:
CITY OF ASPEN,
a Colorado Municipal corporation
By:
Print Name:
Title:
471100
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Easement was acknowledged before me this day of , 2002
by , as of Aspen Mountain Investors, LLC, a
Delaware limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Easement was acknowledged before me this day of , 2002
by
Municipal corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
38181-16 35
of the City of Aspen, a Colorado
0 •
EXECUTION COPY
EXHIBIT "A" TO EXHIBIT "A-2"
[Attach Legal Description of Ashen Mountain Trail Easementl
COUNTY OF PITKIN,
STATE OF COLORADO.
471100 f 47
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R 235,00 051161,20e
6 0 0 00
c0
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EXHIBIT "B"
CITY OF ASPEN
STORM DRAIN PIPE EASEMENT
THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors,
LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of
Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City."
For good and valuable considerations, the receipt and adequacy of which are hereby
acknowledged, the parties hereby agree as follows:
1. Easement. Grantor hereby grants to the City a non-exclusive twenty foot (20') foot
wide utility easement, hereinafter referred to as the "Easement" over and across the real property
located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and
incorporated herein, for use by the City solely for installation, maintenance and repair of a storm
drain pipe.
While the Easement runs through lands owned by Grantor, access to the Easement may only
be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement
shall be the responsibility of the City. Except as specifically provided herein, no other lands of
Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express
or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor
reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all
purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or
members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall
have the right to grant any easements to utility companies over or under the Easement.
In the event that the City damages any landscaping or other improvements located in the
Easement in connection with the rights granted hereunder, the City shall promptly repair any such
damage and restore the land within the Easement to its prior condition.
The Easement is granted subject to all existing easements, restrictions and covenants of
record.
2. Easement Utilization. This Easement is solely for use by the City for installation,
maintenance and repair of a storm drain pipe. The grant of the easement, as described herein, shall
be strictly construed.
3. Amendment. This Easement and the rights and obligations granted and assumed
herein may not be modified except by a writing signed by Grantor and City, or their respective
successors and assigns, as applicable.
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4. Notices. Any notices given pursuant to the terms of this Easement shall be given by
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior
written notice of the change of address has been given to the other parties listed below. Said notices
shall be sent to the parties hereto at the following address unless otherwise notified in writing:
Grantor: Top of Mill Investors, LLC
1000 S. Galena Street
Aspen, Colorado 81611
Attn: Scott Writer
With a copy to: Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, Colorado 81611
City: City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Attn: City Manager
5. Venue. Grantor and City agree that his Easement is made in accordance with the laws
of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of
Pitkin County, Colorado.
6. Enforcement. Each of Grantor and the City shall have the right and power to bring
suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of
this Easement. The failure of a party to insist upon the performance of any provisions or to exercise
any right or option available to it, or to serve any notice or to institute any action, shall not be a
waiver or a relinquishment for the future, of any such provision. If any court proceedings are
instituted in connection with the rights of enforcement and remedies provided in this easement, the
prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable
attorneys' fees, in connection therewith.
7. Designation of Successor. Grantor, by instrument duly recorded in the real estate
records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and
remedies of Grantor hereunder.
8. Term. The term of this easement shall be permanent and perpetual, so long as the
City shall comply with the terms, provisions and conditions set forth herein.
9. Successors and Assigns. All the provisions of this easement, including the benefits
and burdens created thereby, shall run with the land and be binding upon all persons who hereafter
38181-16 38
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acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed
or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be
binding upon the parties hereto, their heirs, successors, assigns and personal representatives.
GRANTOR:
TOP OF MILL INVESTORS, LLC
a Delaware limited liability company
By:
Print Name:
Title:
CITY:
CITY OF ASPEN,
a Colorado Municipal corporation
By:
Print Name:
Title:
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
Seim 4i rcester, ity Attorney
471 WO
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STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Easement was acknowledged before me this day of , 2002
by , as
Delaware limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
of Top of Mill Investors, LLC, a
The foregoing Easement was acknowledged before me this day of , 2002
by
Municipal corporation.
LTJ
Witness my hand and official seal.
My commission expires:
Notary Public
of the City of Aspen, a Colorado
471100
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EXHIBIT "A" TO EXHIBIT "B"
(Legal Description of Storm Drain Pine Easement)
Twenty foot (20') wide utility easement between Parcels 4 and S and over Open Space Parcel A,
according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded
, 2002 in Book at Page as Reception No.
COUNTY OF PI TKIN,
STATE OF COLORADO.
471100
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EXHIBIT 'C'
TOP OF MILL
SUBDIVISION / PUD
SCHEDULE OF PUBLIC IMPROVEMENTS
May 31, 2002
INTRODUCTION
EXHIBIT _
Below is an updated schedule of the public improvements for the Top of Mill project including
estimated costs developed with the General Contractor for the project, Resort Builders. This
list is based on the site improvements anticipated in the Construction Management Plan for the
project but includes only right-of-way improvements and main utility extensions that benefit the
project and parcels as a whole. I have excluded utility service lines and improvements internal
to each parcel.
SITE IMPROVEMENTS
Common public improvements to serve the overall Top of Mill Subdivision / PUD project site
are shown on drawings submitted as exhibits to the Final Plat titled GRADING & DRAINAGE
PLAN, ROAD PLAN & PROFILE and SCHEMATIC UTILITY PLAN and include the following:
Excavation and removal of approximately 28,000 cubic yards of excess fill to bring the
site back to the base elevations utilized in the site grading plan. Estimated cost:
$300,000.
2 Construction of approximately 1,000 linear feet of sidewalk both in the public right-of-
way (820 linear feet) and internal to the project site. Estimated cost: $23,000.
3. Installation of two handicap sidewalk ramps at the intersection of South Mill and Summit
Streets. Estimated cost: $1,200.
4. Installation of up to 4 street lights in the public right-of-way and on the private access.
Estimated cost: $8,000.
5. Construction of approximately 1,200 linear feet of new curb and gutter along the west
side of South Mill Street and along the internal access road. Estimated cost: $23,100.
6. Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main
extension including two fire hydrants and related gate valves and fittings. Estimated
cost: $89,700.
7. Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main
extension including 1 sewer manholes and appurtenances. Estimated cost: $61,400,
lill 471100
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May 31, 2002
Top of Mill Subdivision 1 PUD
Schedule of Public Improvements
Page 2
8. Installation of approximately 650 linear feet of electric primary, gas, phone and cable
TV lines. $45,150.
9. Installation of site drainage improvements including approximately 620 I.f. of storm
drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious
areas. Estimated cost: $60,375.
10. Placement of 4,500 square yards of concrete paving. Estimated cost: $118,000,
11, Construction of approximately 500 linear feet of 4 foot wide gravel "Top of Mill Trail' in a
15 foot easement. Construction of approximately 590 linear feet of 4 foot wide gravel
"Aspen Mountain Trail" in the 30 foot ski easement. Estimated cost: $17,000.
Total estimated cost of the public improvements for the Top of Mill project; $ 746,925.
JWJh 00140SIA4
471100
Page: 43 Of 47
SILYiq ppyIS AITKIN COUNTY CO R 233,Sp8/16/20e8002 27r
•
EXHIBIT V
TOP OF MILL
Landscape Quantities
Prepared By. DHM Design Corporation
Parcel 1
Date: May 15, 2002
Number
�
Item
Sod
Quantity
Unit
Unit Cost
Total Cost
2
Native Seed
2,635
12,675
SF
$1.00
$2,635
3
Cedar Mulch
1,395
SF
$1.00
$12,675
4
Edging
87
SF
$0.60
$837
5
Irrigation
16,705
LF
SF
$Z50
$218
6
Shrub Bed Prep
1,395
SF
$1.00
$16,705
7
5 gal Shrubs
71
$1.70
$2,372
8
1 gal. Perennials
193
EA
$45.00
$3,195
9
2.5" cal. Deciduous Trees
9
EA
702
$2,50
10
2.25" cal. Deciduous Trees
16
�
$550.50.00
$4,95000
11
3" cal. Deciduous Trees
33
EA
$500.00
$6,400
12
3.5" cal. Deciduous Trees
5
EA
$500.00
$16,500
13
10' Evergreen Trees
3
EA
$600.00
$3,00
14
14' Evergreen Trees
4
EA$600.OD
$1,800
15
17' Evergreen Trees
2
EA
$1,200.00
$,400
EA$1,700.00
$3,400
Subtotal
$79,788
3% Mobilization Fee
$2,394
Total
$82,182
Assumes that 12" of topsoil has been provided 8 placed by the Contractor
Cobble mulch at dripline has not been included
471100
Page: 44 of 47
08/16/2002 02:27F
SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00
0
0
TOP OF MILL
Landscape Quantities Date: May 15, 2002
Prepared By: OHM Design Corporation
Parcel 2
Number
1
Item
Sod
Quanti
Unit
Unit Cost
Total Cost
2
Native Seed
078
SF
$1.00
$3,054
3
Cedar Mulch
, 1
SF
$1.00
$1,078
4
Edging
130
SF
$0.60
$78
5
Irrigation
185
4,262
LF
$2.50
$463
6
Shrub Bed Prep
130
SF
SF
$1.00
$4,262
7
5 ga! Shrubs
36
$1.70
$221
8
1 gal. Perennials
17
EA
$45.00
$1,620
g
2.5" cal. Deciduous Trees
4
EA
$14.00
$2
10
2.25" cal. Deciduous Trees
11
EA$550.00
$2,20000
11
3" cal. Deciduous Trees
23
EA
$
12
3.5" cal. Deciduous Trees
EA
$500.00 00.00
11,400
$,500
13
10' Evergreen Trees
4
4
$600.00
$2,400
14
14' Evergreen Trees
12
EA
$600.00
$2,400
15
17' Evergreen Trees
3
EA
$1,200.00
$7,200
EA
$1,700.00
$5,100
Subtotal
$46,214
3%Mobilization
Fee
$1,386
Assumes that 12" of topsoil has been provided & placed by
the Contract rotas
$4 0
Cobble mulch at dripline has not been included
W WO
page. 45 of 47
SILVIA OAVIS PIlKIN COUNTY CO
R 235.00 / 6 D 00 00 2.27E
•
•
TOP OF MILL
Landscape Quantities Date: May 15, 2002
Prepared By: DHM Design Corporation
Parcel 3
Number
1
Item
Sod
Quantity
Unit
Unit Cost
Total Cost
2
Native Seed
785
4,780
SF
SF
$1.00
$785
3
Cedar Mulch
775
SF
$1.00
$4,780
4
Edging
170
LF
$0.60
$465
5
Irrigation
6,340
SF
$2.50
$1.00
$425
$,3 40
6
7
Shrub Bed Prep
5 gal Shrubs
775
SF
$1.70
$1,318
8
1 gal. Perennials
31
58
EA
$45.00
$1, 395
9
2.5" cal. Deciduous Trees
4
EA
$14.00
$812
10
2.25" cal. Deciduous Trees
g
EA
$550.00
$2,200
11
3" cal. Deciduous Trees
9
EA
$400.00
$3,00
12
3.5" cal. Deciduous Trees
0
EA
$500.00
$4,500
13
10' Evergreen Trees
2
EA
$600 00
$0
14
14' Evergreen Trees
1
EA
$600.00
$1,200
15
1T Evergreen Trees
1
EA
$1,200.00
$600
EA
$1,700.00
$1,700
Subtotal
$30,120
3% Mobilization Fee
$904
Total
$31,023
Assumes that 12" of topsoil has been provided & placed by the Contractor
Cobble mulch at dripline has not been included
47110®
Paoe: 45 of 47
SILVIq I iiiii! T11KIIIN Col tlil CO R 233,00 ;Ibp200 0002:27p
•
TOP OF MILL
Landscape Quantities Date: May 15, 2002
Prepared By: DHM Design Corporation
Infrastructure Parcel
Number
1
Item
Sod
Quantity
Unit
Unit Cost
Total Cost
2
Native Seed
835
12,675
SF
SF
$1.00
$5
3
Cedar Mulch
1,395
SF
$1.00
$i2,67675
4
Edging
87
LF
$0.60
$2.50
$837
$218
5
6
Imgabon
Shrub Bed Prep
14,905
SF
$1.00
$12,905
7
5 gal Shrubs
1,395
74
SF
$1.70
372
$2,372
8
1 gal. Perennials
142
EA
EA
$45.00
$3,330
9
2.5" cal, Deciduous Trees
10
EA
$14.00
$1,988
10
2.25" cal. Deciduous Trees
6
EA
$550.00
$5,500
11
3" cal. Deciduous Trees
9
EA
$400.00
$2,400
12
3.5" cal. Deciduous Trees
2
EA
$500 00
$4 500
13
10' Evergreen Trees
1
$600.00
$1,200
14
14' Evergreen Trees
2
EA
EA
$600.00
$600
15
17' Evergreen Trees
1
$1,200.00
$1,200
EA
$1,700.00
$1,700
Subtotal
$54,259
3%
Mobilization Fee
$1,628
Total
$55,887
Assumes that 12" of topsoil has been provided & placed by the Contractor
Cobble mulch at dripline has not been included
SILVIA DAMS PITKIN COUN7'r �'e: 43 0 47
CO /16/2002 e2;2`;.
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Feb •22- 2005 11:58AM HEUERT S, KLEIN, P-C . N o . 7 5 9 1 P 3
1 LD. LL. LJO) t: iOM IVINIU11111 U�VCLUFM�NT Irv. u62I r:. j
ATTACHMENT 2 —LAND USE APPLICATION
APPLICANT: Parcel 4 Top of Mill LLC; JP Interests LLC' PPP River LLC and LPRP Mill, TLC
Name: above)
Location: Parcels 4, 7 & fi ' Top of Mill Subdivision/PUD
Cl adicate street address, lot & block number, legal description where ap ropriate)
Parcel ID QUIRED)
REPRESENTATIVE:
Name- Jody Edwards
Address: 201 N. Mill St, Suite 203, Aspen CO 81611
Phone #: 92 S - 8 7 00
PROJECT:
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt,
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Desigp Review Appeal
(]
Conceptual SPA
❑
Minor historic Devt.
❑
GNv1QS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS ExenTtton
❑
Subdivision
❑
Historic Designation
❑
BSA— 8040 GreeWin,6, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
M gin, Hallam Lake Bluff,
condominiunvzation)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑X
Other: exemption from
❑
Lot Line Adjustment
❑
TextiMap Amendment
expiration of vested rights
EX-LSIMG CONDITIONS- (description of
vacant land
exemption from expir
PROPOSAL: (description of proposed
d r
modifications; etc,
etc.
..__. Huve•you-nmehed-the-foAowing? FEES DVE
ire -Application Conference Summary RETAIN FOR PERMANENT RE�-
Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment 94, Subvdttal Requirements- Including Written Responses to Review Standards
Received Time Fe.b.22, 8:05AM
Feb•22, 2005011:58AM8AV� HI RT S. KLEIN, P,C,LNI No. 7591062P. 2F. 2
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
sgreemeut for Psrvmerit of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CIIY) and ParcP1 4 Top of Mi 11 T T ;,,.JP Tnt erg- T.LC; LPRP
River, LLC and LPRP Mill, LLC
(hereinafter APPLICANT) AGFRE AS FOLLOWS:
1 _ APPLICANT has submitted to CITY an application for
exemption from ex iration of vested ri hts
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications anal the payment of all processing fees is a
condition precedent to a determination of application completeness,
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to asecrrain the fall Wdent of the costs involved in processing the
application- APPLICANT and CITY fisther agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or
approvals_ APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when [hey are necessary as costs are incurred. C=
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees thar in consideration of the CTTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit m the amount of 5 S 4 6. 00 which is for hot= of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to roimburw the CTTY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over fhe initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees Aiat failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be insured
until all costs associated Rrith case processing have been paid_
CITY OF ASPEN
By:
Chris $endon
Community Development Director
Billing Address and Telephone Number:
Required
201 N. 'hlill St., Suite 203
Aspen, CO 81611
g:\support\forms\agrpayas.doc 92 5 -8 700
11/30/04
RETAIN FOR PERMANENT RECORD
Received Time Feb,22, 81 5AM
•
11
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46 =� A 02- � . -- Routing #istory I Conditions I Sub Permits Valuation I Pt65c Comment Attachments
Main Routing Status I Arch/Eng I Parcels I Custom Fjelds I Feel I Fee Summary Actions
'ermit Type Permit Zs 10011.2005.ASLU A
Address 10ZERO AptlSuite�
City (ASPEN State CO _j Zip 81611 J
Permit Information
Master Permit I z Routing Queue aslu
Project I J Status Pending
Description 1PARCELS 4,7 & 8 TOP OF MILL SUBDIVISION / PUD
Submitted IJODY EDWARDS 970.925-8700
Visble on the web?
Owner
Last Name I TOP OF MILL INVESTORS, First Name
Phone (970)925.2114
W, Owner Is Applicant?
Enter the permit description
Clock Running Days r 0
Permit ID: 33032
Applied 02/22/2W5 J
Approved F- Li
Issued F-J
Final F-J
Expires 02/17/2006 j
— -- — -
1000 SMILL ST —
ASPEN CO 81611
,ter >
- Record: 2 of 2