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HomeMy WebLinkAboutcoa.lu.pu.Aspen Highlands Village.Moore.0007.2005Azfli �) HI GHL�� ��� CASE 0007.2005.OSLU Y t "Y . V` �'u City of Aspen Community Development Dept. CASE NUMBER 0007, 2005- • OS LL( PARCEL ID NUMBER PROJECT ADDRESS PLANNER S,4RAO O A'TF.r CASE DESCRIPTION M OORE- 4 #16W "ANDS Pub REPRESENTATIVE DATE OF FINAL ACTION TO C l-ry C L6i S V///O�— CLOSED BY Denise Driscoll 0 MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Allgaier, Deputy Director FROM: Sarah Oates, Zoning Offi DATE: June 14, 2004—continued from May 25, 2004 SUBJECT: Aspen Highlands Village PUD Finding of Substantial Compliance - Subdivision Improvements Agreement Hines Highlands Limited Partnership has requested the City of Aspen make findings that the developer is in substantial compliance with the conditions of the Subdivision Improvements Agreement (SIA) for Aspen Highlands Village PUD. This request has been separated from the same request for Moore Family PUD. Attached please find a memorandum from the Transportation Department outlining a revised dial a ride program from what was initially approved (Exhibit A). Also attached is a memorandum from the Housing Authority summarizing the employee generation audit for the Aspen Highlands Village PUD (Exhibit B). Staff has included the SIA for Aspen Highlands Village (Exhibit Q. Other relevant referral departments have confirmed with the Community Development Department the SIA obligations have been met for the subdivision. Finally, included are the comments from Bob Daniel from Hines regarding issues with the Building 3 affordable housing units (Exhibit D). Staff recommends Council make a "Finding of Substantial Compliance" via Resolution # a of 2004 with regards to the requirements of the Subdivision Improvements Agreement for Aspen Highlands Village PUD. V1rTV MANAf_FWq (Y)MMTi.NTC- r, RESOLUTION NO.45 (Series 2004) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) FOR ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, a request was received by the Community Development Department from the Hines Highlands LLC and Zoom Flume LLC for the City to confirm the developer's substantial compliance with the conditions of the SIAs for the Aspen Highlands Village PUD; and WHEREAS, the request was forwarded to the City of Aspen Engineering, Parks, Housing, Transportation, Environmental Health and Water Departments and the Aspen Consolidated Sanitation District and any comments received from those departments are attached; and WHEREAS, during a public meeting on June 14, 2004, the City Council made finding of substantial compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: SECTION 1: The Aspen City Council does hereby find the Aspen Highlands PUD in substantial compliance with the requirements of the Subdivision Improvements Agreement including the Transportation Plan revisions attached as Exhibit 2 The Revised Transportation Plan for Aspen Highlands Village PUD and Moore Family PUD. APPROVED by the Aspen City Council as its regular meeting June 14, 2004. APPROVED by the City Council at its meeting of June 14, 2004. Approved as to form: John Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: Helen Kalin Klanderud, Mayor • Memorandum TO: Mayor and City Council THRU: Randy Ready, Assistant City Manager FROM: John D. Krueger DATE: June 8, 2004 RE: Finding of Substantial Compliance — Aspen Highlands Village and Moore Family PUD Transportation Plan SUMMARY: Attached for your review and approval is a memo outlining the revised terms of the Transportation Plan contained in the Subdivision Improvement Agreements (SIA) for the Aspen Highlands Village PUD (AHV), the Moore Family PUD and other associated approval documents. This memo details the transportation requirements and staff finding as to compliance. After considerable review and negotiation, staff finds that the transportation requirements are in "substantial compliance" with the terms and conditions in the original agreement. City Staff is asking the Mayor and City Council to make a "Finding of Substantial Compliance" in regard to the transportation requirements and revised terms. PREVIOUS COUNCIL ACTION: Staff has previously provided the Council with updates on the progress on the various transportation requirements of these two developments. Council has previously met with representatives of Hines Highlands Limited Partnership (Hines) and the Aspen Highlands Commercial Metropolitan District (Metro District) to discuss the various transportation requirements of both developments. The majority of these requirements have been complied with. BACKGROUND: City Staff has been meeting and corresponding on a regular basis with representatives of Hines and the Metro District for the past two years to resolve the numerous and complicated transportation requirements in the many approval documents for the Aspen Highlands Village (AHV) and Moore Family PUD. The majority of these transportation requirements have been successfully resolved. The main requirement taking the most time to resolve and reach agreement on was the Dial A Ride service. The Dial A Ride service requirement is detailed in a three -page operations plan in Exhibit D of the SIA for the AHV. City Staff, Hines and the Metro Districts have now agreed upon a Dial A Ride service plan that is now in place that fulfills the requirement in the SIA. As the transportation requirements are numerous and contained in various documents, a summary is attached for your review. DISCUSSION: The Aspen Highlands Village and Moore Family Developments both have extensive transportation mitigation requirements associated with their approvals. These requirements were part of the original County approvals in 1998 and were inherited by the City upon annexation. City staff has been working with Hines and the Metro Districts to achieve compliance. The majority of the transportation requirements have been fulfilled. Until recently, staff, Hines and the Metro District have been unable to come to agreement on the requirement for Dial A Ride service to the developments. The SIAs contain a specific and detailed plan for the Dial A Ride Service that was unacceptable to Hines and the Metro District. After lengthy negotiation Hines and the Metro District have proposed and implemented a flexible demand responsive Dial A Ride service plan that is very different from the original Dial A Ride Plan. A copy of the revised detailed Transportation plan is attached as Exhibit 4. City Staff feels that while the proposed plan is different, it can meet the objectives of the original plan with some additional and revised conditions included in it. These conditions are listed in the Finding of Substantial Compliance under the Staff Findings. These additional/revised requirements relate to the Traffic, Transit and Parking Plan, the Dial A Ride Reporting, and the marketing and promotional efforts. FINANCIAL IMPLICATIONS: There are no financial implications for the City. The transportation requirements and their associated costs have been and will be borne by Hines and the Metro District. RECOMMENDATION: Staff recommends that the Aspen City Council make a "Finding of Substantial Compliance" with regard to the transportation requirements contained in the Subdivision Improvement Agreements for the Aspen Highlands Village PUD, the Moore Family PUD and other associated approval documents. The Finding of Substantial Compliance would be conditioned on the revised and additional requirements contained in this memo. ALTERNATIVES: City Council could decide against making a `Finding of Substantial Compliance" and require that Hines and the Metro District comply with the original transportation requirements as stated in the Subdivision Improvement Agreements for the Aspen Highlands Village PUD, the Moore Family PUD and other associated approval documents. . PROPOSED MOTION: I move to approve a Finding of Substantial Compliance for the revised Transportation Plan as specified in the attached memo for the Aspen Highlands Village and Moore Family PUDs. CITY MANAGER COMMENTS: Attachments: Exhibit 1 - Summary of Conditions of Approval and Staff Findings Exhibit 2 — Finding of Substantial Compliance Detail Exhibit 3 - SIA for AHV Exhibit A Exhibit 4 - SIA for AHV Exhibit D Exhibit 5 — Felsburg Holt & Ullevig Memo dated November 18, 2003 0 EXHIBIT 1 • SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND STAFF FINDINGS SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. Transportation Conditions of Approval Condition 8. RFTA Payments -page 4 Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing Castle/Maroon Roaring Fork Transit Agency (RFTA) route that will trigger a requirement for the owner to make a payment to RFTA for the purchase and operation of one (1) additional bus on the route. (See Exhibits "A " and `D') Condition 10. Traffic and Transit Parking Plan -page 4 The owner shall implement a traff c/transit/parking monitoring system plan, which shall include measures to ensure increased mitigation actions if monitoring shows that the mitigation is not adequate. The owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for the County and RFTA review. If traffic impacts exceed traffic projections, additional; mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan ", dated February 1997, so as to require mitigation for those additional impacts, the additional mitigation required by the Owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and /or Pitkin County engineering Department. (b) If the trips generated are lower than the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan " dated February, 12997, the Owner shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a finding by the BOCC that the reduction is appropriate: provided however that the Owner shall not be entitled to a refund for any portion of its infrastructure donation described in Paragraph 17 below. Staff Finding Compliance- The Owner (HIKES HIGHLANDS LIMITED PARTNERSHIP) has fulfilled this condition of approval. Compliance with Additional conditions- Monitoring and reporting will be continued through June 2008. Any changes to the transportation plan after June 2008 will require reinstatement of the monitoring and reporting system for an adequate period of time so that adequate data can be collected to make an informed decision about the porposed changes to the service. 0 EXHIBIT 1 0 SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND STAFF FINDINGS Condition 13. Dial -A -Ride -page 5 Owner agrees to implement a "Revised Aspen Highlands Village Castle/Maroon and Dial -a Ride Service Plan " as set forth in the detailed plan attached hereto as Exhibit "D ", the costs of which are set forth in Exhibit "A ". Exhibits A & D are attached Condition 13.1 Exhibit D Dial A Ride Reporting Per Exhibit D of the SIA for AHV, annual reporting for the Dial A Ride service is required. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3. Statistics regarding accidents and roadside calls. Substantial Compliance with additional conditions -The Dial A Ride system must continue to operate as specified and agreed to in the staff memo and mirror that of the plan described in the Felsburg Holt & Ullevig memo dated November 18, 2003. However, in the event of substantial non-compliance with the transportation plan, the original Dial A Ride operational plan as specified in Exhibit D of the SIA would go into effect within 90 days of written notice unless remedied. Any changes to the base level Dial A Ride service must be approved by staff. Compliance with additional conditions -Quarterly reporting will be required on an ongoing basis. 2 EXHIBIT 1 0 SUMMARY OF TRANSPORTATION CONDITIONS OF APPROVAL AND STAFF FINDINGS SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY Transportation Conditions of Approval Condition 8. Bus Stop Shelters page 3 Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the county and RFTA. The owner shall design such shelters acceptable to RFTA. Condition 2. Dial -A -Ride page 4 Owner agrees to implement an "On Demand Dial -a -Ride Transit Service Plan " as set forth in the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "On Demand Dial -a - Ride Transit Service Plan'). BOCC Resolution No. 97-167 (09/30/98) Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval to the Aspen Highlands Village PUD Transportation Conditions of Approval Conditions 6 —13 Trafftc/Transit/Transportation/Parking page 4 REVISED MAROON CREEK CORRIDOR DETAILED TRANSPORTATION PLAN -Prepared by: Felsburg Holt & Ullevig - February 1997 Transportation Conditions of Approval Staff Finding Compliance- The owner has met this obligation by making payment to the City in the amount of $16,000 for the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between the City of Aspen and ZOOM FLUME LLC dated January 14, 2002. Substantial Compliance with additional conditions -same as for AHV above Compliance -the same general requirements as in the SIAs Condition 8.0 Summary Of Proposed Mitigation page 24 Compliance -with additional There will be a continuing effort through promotional materials and conditions newsletters to encourage the use of alternative transportation by residents, guests and skiers. EXHIBIT 2 Revised Transportation Plan for Aspen Highlands Village PUD and Moore Family PUD I. SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. 10/15/98 Transportation Conditions of Approval Condition 8. RFTA Payments -page 4 Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing Castle/Maroon Roaring Fork Transit Agency (RFTA) route that will trigger a requirement for the owner to make a payment to RFTA for the purchase and operation of one (1) additional bus on the route. (See Exhibits "A " and "D') Staff Finding - Compliance The Owner (HINES HIGHLANDS LIMITED PARTNERSHIP) has fulfilled this condition of approval. The owner has made payment in full to the City of Aspen for the purchase of one (1) additional bus to be used on the Direct Maroon Creek Road route. Payment for the bus was made to the City on September 15, 2002. The new bus began operating on the Direct Maroon Creek Road route beginning in December 2002. This is a change to the original requirement in Exhibit D of the SIA for AHV. Exhibit D specified that the additional bus should operate on the Castle/Maroon route. The developer, Metro Districts and City staff agreed to change the route to operate directly from Rubey Park to the Aspen Highlands Village. The bus operates on 30-minute headways from Rubey Park. The service provides five trips per hour on the route. The winter hours of operation currently are 0530 am until 12:00 midnight seven days a week during the ski season. The Direct Maroon Creek Road service during the winter season is an ongoing annual obligation for the Metro Districts. The Aspen Highlands Metro District (AHMD) will continue to compensate the City of Aspen for bus service operated by RFTA on the Direct Maroon Creek Road route during the winter season lasting approximately 130 days. The service began on November 28, 2002 and will operate every year. Payment for the service will be made to the City of Aspen on a monthly basis. An annual Service Agreement between the City of Aspen and the AHMD for winter service was entered into by both parties and approved by Aspen City Council on October 22, 2002. The contract is automatically renewed every year. Condition 10. Traffic and Transit Parking Plan -page 4 The owner shall implement a traffic/transit/parking monitoring system plan, which shall include measures to ensure increased mitigation actions if monitoring shows that the mitigation is not adequate. The owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for the County and RFTA review. If traffic impacts exceed traffic projections, additional; mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan ", dated February 1997, so as to require mitigation for those additional impacts, the additional mitigation required by the Owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and /or Pitkin County engineering Department. (b) If the trips generated are lower than the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan " dated February, 12997, the Owner shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a finding by the BOCC that the reduction is appropriate: provided however that the Owner shall not be entitled to a refund for any portion of its infrastructure donation described in Paragraph 17 below. Staff Finding - Compliance Hines and the Metro Districts have agreed to provide the traffic/transit/parking monitoring system plan as prescribed in the SIA for Aspen Highlands Village through June 2008. Staff finds this acceptable with the caveat that the reports be submitted no later than 60 days after the ski season as required in the 1997 Aspen Highlands Ski Area Master Plan and that the reports meet or exceed the data collected and reported in previous reports as required in approval documents. Hines and the Metro Districts also understand, that no significant changes to the transportation plan can be made until a monitoring and reporting system is reinstated and adequate data is collected over an adequate period of time so that staff can make informed decisions about the adequacy of the service and any proposed changes can properly be evaluated. Condition 13. Dial -A -Ride -page 5 Owner agrees to implement a "Revised Aspen Highlands Village Castle/Maroon and Dial -a - Ride Service Plan " as set forth in the detailed plan attached hereto as Exhibit "D ", the costs of which are set forth in Exhibit "A ". Exhibits A & D are attached Staff Finding — Substantial Compliance The Dial A Ride service is an integral part of the approved and agreed to transportation plan contained in the SIA and various other approval documents for Aspen Highlands Village. The Dial A Ride service is considered an on -going service to be provided in perpetuity to serve the residents of the developments. The developer has proposed and is operating a Dial A Ride that is significantly different from the detailed and comprehensive plan contained in Exhibit D as a condition of approval and as agreed to in the SIA. While different, staff feels that it meets or exceeds the requirements in Exhibit D of the SIA A copy of the Aspen Highlands Transportation Plan by Felsburg Holt & Ullevig dated November 17, 2003 is attached as Exhibit 1. The Transportation Plan contained in this document is considered as the basis of the Dial A Ride service plan. City staff agrees that the flexible demand responsive service Dial A Ride plan in place and currently operating as part of the Transportation Plan is that meets the intent of the fixed schedule Dial A Ride plan in Exhibit D of the SIA. The currently operated Dial A Ride plan establishes the "base level of service" for Dial A Ride. This base level of service has and will continue to be sustained and funded by the Districts into the future. EXCERPT FROM FELS BURG HOLT & ULLEVIG MEMORANDUM - November 17, 2003 Dial -a -Ride Services In order to comply with the spirit and intent of the SIA - Exhibit D, a comprehensive Dial -a -Ride service program is currently in place and operating 365 days per year. Table 1 provides detailed information about the three components that make up the program. The following outline provides an overview of the current program: Table 1. Dial -a -Ride Services Services AHVMD Service Ritz Carlton Club Amenities Association Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands Village and Five Trees Residents and Guests Village Free -Market Residents and Guests Residences — Residential Guests Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM (20.5 Hours) (16.5 Hours) 365 Days per Year 365 Days per Year 365 Days per year Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association Village Metropolitan and Joshua & Company District and High Mountain Taxi Number and Type of 37 Taxi Vehicles 4 — Suburbans 2 — Suburbans Vehicles (7 Passenger) (7 Passenger) 2 — Turtle Top Vans 1 — Tahoe (14 Passengers) (5 Passengers) Headways Demand Responsive Demand Responsive Demand Responsive (No Set Headways) (No Set Headways) (No Set Headways) Service Area Aspen Downtown Core Aspen Downtown Core Aspen Downtown Core and Aspen/ Pitkin and Aspen/Pitkin County and Aspen/ Pitkin County Airport Airport County Airport 0 Summary of Current Services • Hours of Operation: Between 20.5 and 24 hours per day, 365 days a year. • Number of Vehicles: ➢ 2 — Turtle Top Vans (14 passengers each) ➢ 5 — Suburbans (7 passengers each) ➢ 1 — Tahoe (5 passenger) - recently added to the fleet in response to increased demand ➢ 37 — High Mountain Taxi vehicles • Headways: Currently the entire system is run as an on -demand service with no specific headways. The areas serviced are to and from the downtown core including points in between and to and from the Aspen/Pitkin County Airport. Service Provided: Building upon the extensive fixed route mass transit component at Aspen Highlands, the initial Dial -a -Ride service is operating as an on -demand system. This system was established to respond to the varying requirements of guests, visitors and residents. It has the capacity to grow with demand without typical delays due to vehicle limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix has been expanded to meet increasing demand. The AHV Dial -a -Ride system is comprised of three overlapping services. All residents and guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is supplemented for the Tourist Accommodation Units and the AHV Free -Market Residential Units. The system can be described in the following manner: • All Units in AHV and Five Trees — On -demand service available from 5:30 am until 2:00 am, 7 days a week to the Airport and downtown Aspen. This service is contracted through High Mountain Taxi. High Mountain Taxi was selected because they are a recognized provider of transit services by RFTA, they have handicap accessible vehicles available for use upon request and they have the dispatch and fleet necessary to meet both present and future needs of the Dial -A -Ride program. • Tourist Accommodation Units — On -demand service available 24 hours a day, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 14 passenger Turtle Top vans and three 7 passenger Suburbans. • Free -Market Residential Units in AHV — On -demand service available from 6:00 am until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe. In summary, the AHV transportation system provides a flexible and convenient response to the mobility needs of residents and guests. It exceeds the service requirements and the number of vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and varied desires for moving to downtown Aspen and the airport. • III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND PERSONNEL TO PROVIDE SERVICES The Aspen Highlands Metropolitan District is responsible for management and assuring the service of the Dial -a -Ride program for AHV and Five Trees (see Figure 1). The manager of the District is Beach Resource Management, LLC. High Mountain Taxi provides the Dial -a -Ride for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. The Dial -a -Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a part of their overall management of the Association responsible for these units. The Dial -a -Ride service for the Free -Market Residential Units at AHV is provided by Joshua & Company as a part of their overall management of the Amenities Association responsible for these units. The District manages the providers of the services listed above; Joshua & Company, the Ritz Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the responsibility of the District to assure that any gaps in service are filled immediately. The District has specifically taken on this responsibility as a part of the Service Plan for the District. Condition 13.1 Exhibit D Dial A Ride Reporting Per Exhibit D of the AHV SIA, annual reporting for the Dial A Ride service is required. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3. Statistics regarding accidents and roadside calls. Staff Finding — Compliance Because the new Dial A Ride service plan varies so dramatically from the original plan in the SIA, ongoing monitoring and reporting is required. The monitoring and reporting will comply with the requirements in the SIA. The reports will be submitted on a quarterly basis to the City of Aspen Transportation Department. The reports will be due within 60 days of the end of the quarter. The first report will be for the first quarter of 2004 and will be due May 31, 2004. The due dates for the quarterly reports for each year are as follows: Quarter 1 May 31 Quarter 2 August 31 Quarter 3 November 31 Quarter 4 February 31 II. SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY-08/04/98 Transportation Conditions of Approval Condition 8. Bus Stop Shelters page 3 Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the county and RFTA. The owner shall design such shelters acceptable to RFTA Staff Finding- Compliance The owner has met this obligation by making payment to the City in the amount of $16,000 for the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between the City of Aspen and ZOOM FLUME LLC dated January 14, 2002. Condition 2. Dial -A -Ride page 4 Owner agrees to implement an "On Demand Dial -a -Ride Transit Service Plan " as set forth in the detailed plan attached hereto as Exhibit W " and made a part hereof (hereafter "On Demand Dial -a -Ride Transit Service Plan'). Staff Finding — Compliance The Condition for the Moore Family PUD is the same as for the Aspen Highlands Village and the compliance with this condition of approval is the same. III. BOCC Resolution No. 97-167 (09/30/98) Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval to the Aspen Highlands Village PUD Transportation Conditions of Approval Conditions 6 - 13 Traffic/Transit/Transportation/Parking page 4 Staff Finding — Compliance Staff finds that transportation conditions 6- 13 of Resolution No. 96-167 are in compliance. IV. REVISED MAROON CREEK CORRIDOR DETAILED TRANSPORTATION PLAN -Prepared by: Felsburg Holt & Ullevig February 1997 Transportation Conditions of Approval 8.0 Summary Of Proposed Mitigation page 24 There will be a continuing effort through promotional materials and newsletters to encourage the use of alternative transportation by residents, guests and skiers. Staff Finding — Compliance Staff finds this condition to be in compliance with the caveat that the following be continued every year: I . Creation of an annual marketing plan and budget to be approved by the Districts Boards 2. District staff to meet at least once with City Transportation Department Staff at least annually before the start of the winter season to discuss the marketing plan 3. Regularly attend meetings of the Transportation Options Program (TOP) 4. Display TOP information at the Post Office, visitor's desk and on the AHV website and to update this information on a regular basis. The City will make its Transportation Coordinator available to assist with marketing and public information efforts. The district also may choose to enter into a mutually -agreed upon marketing and funding agreement with City Transportation Staff to perform all or part of the marketing and promotional activities in the service marketing plan. Other Transportation Requirements and Conditions of Approval All other conditions and requirements of the SIA and other Transportation commitments in other approval documents will remain in place and in force. Non -Compliance with Existing or Revised Transportation Plan Requirements The service, monitoring, reporting, marketing and promotional term revisions as outlined in this memo are acceptable, as long as the districts remain in substantial compliance with the non - revised and revised provisions of the SIA. However, in the event of substantial non-compliance with the revised terms and conditions, the detailed fixed route service plan as specified in Exhibit D of the Aspen Highlands Village PUD and the Moore Family PUD SIA will go into effect within 90 days of written notice of substantial non compliance unless remedied. t n;�/' /7— 3 �.;�Zia Vt a 9 =17 IH CI I I+ � I I Irl rw rwrrw•r wrrwr rwrwlr -- ---- w- w ----- ~� I of ��g�rs$8 moo_ _ _ —• � j 55��QQyy55�� QQ QQ �•y. 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Some oDaratiOrs GC-?_'s well De �_ :al_Ze� when Se-Vice has Dee.. esgaol_Shst Ode -a io s PIZ.0 sys am wi 11 �e pDe-_�ed _neX_hle ?itZ l`ci LO :T1ZX1T11i 7= ODi1Vei i anCe = 0_ _ _ae-S . j?- �i Co i _ c l s w i 1 n o L i1 demand LC D-'CV_de CGnVenienL s2-✓_Oe. T17_s s=�L_On describes the initial sC=V? Ce plan watch may De modi-i ad i e -o __ n _".'_ _-r .its:- -.'O L1an'-..GCt .1a1 damands o_-es_dants anC y12SLs as �r o D-CDe_'L_es are y Je-J...C= h71 l be - _i Li a= - - ' ec w': �,_rl _ O Vans w ie n the ,-1, evel pz lenLs S �a C- La-� LO C171eC _n cD�-CX_-1aLely L_le _rear 2000. The O- ✓er)- Cles tnd se_Vice Oo mod a �.e d - s_ J al y ex n.� - s �.. - e•✓eloo�a- Ls y� o� , ? -Co Will ✓_ _ - C v _der_'JO Seasons. her _ Other en_ GI `fle -c1_e at ?--J aad � e xocZe pu7 _ -0D ry. LD va scn;--e L1Gn - LOJ` _I ��_ - �'---7caY. jeaSv..e Se-V_:e5 rr'_-- ,Ge -nr41) niat-cn demand. 11II1f 1 IIIII 1�1hI111�� III ill II��I�! ill �II�►1� !i I��i 423271 10/��._/13S& Z`:53P SUB PR DAVIS SILVI 27 of 30 P 0.00 D e.00 H 0,00 P17KZH COLW—,T CO P 1 4 peak (s) , 3cu�e = 1 w_l1 sere the aspen Core. n �,e ak _ =eascn - == �rCvide se^v'ice cn a Fixed Cr.e-zal-= =cur nial-a-r_de vans w . _ _ ti _Qa _ �?za r �11 -a depiC�ea 0:1 sC_ edule cererall! =o "� `j ^vCL2_^.T1?_1`7 2: il- be establis red in Asper - =:neck pO1nzs w - C 'VzT1Lle/SDr1: a S�=2eL ^ = at RubeV mark. jt_oet/ z-vMan AVan11a, }�Q='e_ eC1Cp01^ts 0;7 ea C Cir�1? C[1r.2 50 ml o Var,s wll- pd55 -• Se C:. r`11 ` snr; 1Ce. w0 vans wi i ` are ^ Gt 'ZeC_-L1 eG �� Gam. - .. - 1` ,our ,eadways a� Zn e cnacx�ol..Ls. _ vide one-. _ _ - G ;S �:..aS"',.2ri-P1::+r. C�:ii-:L`i The seco: d deszinat-4 0n, RCuCa - eilrmOry T-'L -5 will = a a,- demand se_�11Ce, 5�1i dr =0 Ser"71C25 `r+ - P= reso:--s �n t e =.seen _tea. At :--a ime�qu pr=vlded b-V oL:._' make r eSzrJaL=OP.s = SLaV dr A�:V , t.`:eV ^will be advised u�aL Cd' or -a l is i7CL necessa-7 because Of the altarnat_ve tra=Slr, se= ,Mess r , � y _L l Oe SC .edille�i a -- Ci available. Decar _"_'-es _o t-e a=r:.cr_ Will time. per +ids of sar-"Lce r Th-V shall Dr=Sei?-i a deLai le,3 *`view. The Glen s:-,all include: �- service plan _o ---Le °= - mil rl demaa 2. Descr' pL-on of sneca= -- services 1 ncluding �`:e nu er of VeniC e5 r s �?-r'-5 , 1CL 5 C OTJeT_ aLiGi.S ? I1C Ii2ZQwcI7s 3 , An Oryan'__a`_ ond1 c_larr indicatilq manager and personnel tD TJrOVlde ser-; CSS; and 4 . jet-JiC2 m.arplat.. rV ?mends t0 Oirer dial -rite service seven days a week during winter peak seasons. The Aspen core rout- will be L.e wlnt-_ and SUI,=e_ ' lined to offered =r""m 7 FM to midnlcht_ hider surveys will �e t.L� _, c,;j s?z7vice should r'1I1 lat?r lil -he evening. +• � P air-+Cr ri i� i .-a Drovi dad when the a_J =_0 _ is Service t0 --- - r 1 c ` C) a i i aStS and operating. The servics wi11 be available�- Ary a-:d ^.e Voc-a PTJ . residents n - - L years cf operation ; = � shall end Oi e�ci! Oi tile A -i At the R TA at the end of r.a wintar season. subait do annual repo �o The raper" shall include: a. one pr=vi Ous year; i • Stztis''' �s ragarding _iders:._p _-�_ 2, TnstaliCeS ii.VOlving s:-andees and missed :rips, Cr �..r?p5 re= estad '--,at no- =rov_'led; and `edar acc;r e-':ts and roars _de Calls. 3 Statistics _ --=-g r Based uncn the reviaw �� the arr:'aa l r2per t , changes in the levels se=-v:ce may be made. a !Z71 le/1VI sa e3*!Zr spa IM MIS szvl Z3 o f 3.e R a . De 0 0.00 H Z.00 11 MIX G^LNI' ' = P 1 5 Vehicles The service WJ -- l operate vans capable of Carr_I_i:C as ranv as 12 ^vasSengers at one tre +lit n SCZCe =^r l'1^yaCe -andSiC_s. �a552nCer5 will be able to stand In t'e ve_^i cies. -Eve. ` _al Tye e or fcuz `gaits may be utilized wlen biCtl develo=te_^.LS are :'illy Cc= ^led.the _load, w=1-1 CCa.515'. of Iwo vans and will be e:,=anded as 3amand warran_s . 'file '7ans will be s for ��'V pa kina area and will be in tai %ed by oc__ l a l Mechanics izi t:�e �Ca=-ZC :orK Vall?V. 2r neCeSSarJ� anCL.^.e� 'Ta��S� wi!1 be rented 1= a Jan _s out a ser,rice nor rsmairs, and n_gn traTri C 15 ail.- :.mated. Ay least one of tie vans L.,, tine =i eet will be eTui-med with a wheel 1r e nand-JCaC_ De, . C--st The Cost =0r providing this service has been pro] ected based on vehicle uti _ ati on and industr'T :ZOLiIy costs to o�erat? vehicles. During t.1e win tar peak season, it is projected that passenger productivity „rill vary between eight and 12 passengers Der• vehicle per hour. Van casts are assured to be $ 30. per van hour based cn =i e ser-TiCe being 5=1. ?:1= co-st to provide sc`"T1ca is estimated to be 5 295,000 per year. Van Illill lull IIIIiI IVIII IIII IIII IIIIIII III Il llli II'III 0 0 ,LX1J1 B l7- S" :. FELSbURG t3 I-L E V 10 c:'r.s�i?li'."tng Eht:�.ths o vrarisi) t2t:111 ti(:ii.4tfEfii„< November 17, 2003 MEMORANDUM TO: Robert E. Daniel, Jr. FROM: David E. Hattan, P.E. SUBJECT: Aspen Highlands Transportation Plan PROJECT: Aspen Highlands Village FHU # 03-144 We have prepared the following memorandum for the Aspen Highlands Transportation Plan based on information provided by Hines Highlands Limited Partnership and Aspen Highlands Metropolitan District. These data were compared with the analysis procedures developed for the Revised Maroon Creek Corridor Detailed Transportation Plan, Felsburg Holt & Ullevig, February 1997. INTRODUCTION As part of the final approvals for the Aspen Highlands Village and Moore Planned Unit Developments, numerous transportation studies and plans were developed. The final transportation plan is summarized in the Revised Maroon Creek Corridor Detailed Transportation Plan. The plan called for a transportation system to and from Aspen Highlands Village and Five Trees that would have multiple components to meet the anticipated needs of the guests, visitors and residents of the Village. The goal of the transportation system is to reduce automobile use and to specifically reduce the number of vehicles going to downtown Aspen and the airport. Since the start of construction of the Aspen Highlands Village Planned Unit Development (AHV), a number of steps have been taken to implement a transportation system that truly provides alternatives to the automobile for residents and guests. In accordance with Exhibit D of the Subdivision Improvements Agreement for AHV, these steps have included funding the purchase of a transit bus for the Roaring Fork Transit Authority (RFTA) for use on the Castle/Maroon route which serves AHV. A shuttle service between AHV and Buttermilk is provided for skiers and employees during the winter.. As detailed in later sections of this discussion, these services are frequent and effective in serving fixed schedule demands. t�`4,lt".'t f.',Et{ :'fl:ln..t. 1 1`,_.)?� ;iuit- f:U l l?, i:1.31�" ,�11t. P 1 7 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 2 In order to encourage use of the transit system that serves Aspen Highlands, the Aspen Skiing Company, the Ritz Carlton Club, the Aspen Highlands Metropolitan District and the Aspen Highlands Parking and Loading Dock Association (PLDA) all provide either free bus passes or subsidized passes to their employees. The Ritz, the District and the PLDA provide fully subsidized passes for their employees due to the lack of parking at Aspen Highlands at a combined cost of approximately $74,000 annually. The Skiing Company provides a 75% subsidy for bus passes to their employees and during ski season it is estimated that 75 of their employees purchase the subsidized passes while another 60 employees ride the bus at their own cost. The subsidy approximates $22,500 during the ski season. Another part of the commitments made by AHV involves providing a Dial -a -Ride transit service. The service is described as follows in Exhibit D: Dial -A -Ride Plan The Moore PUD (Five Tree) and Aspen Highlands Village will join together to operate a dial -a -ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door-to-door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan and describe the vehicles to be used. Some operations details will be finalized when the service has been established. Operations Plan The system will be operated in a flexible manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. The section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated with two vans when the developments start to be occupied in approximately the year 2000. The fleet of vehicles and service may be expanded as the developments grow.... Vans will operate on a fixed schedule with pick-ups in the center of Aspen every one-half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD, the vans will drop off and pick up passengers at their origin or destination. During the off- peak seasons services will be reduced to match demand: During the peak season(s), Route #1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route #2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 3 Service Plan Prior to the initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand, 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should be run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. As noted in Exhibit D, the AHV transportation system should provide a flexible and convenient response to the mobility demands that vary depending on the day of the week, season of the year, and growth in demand. The many elements of the existing transportation system meet and in some instances exceed the requirements of Exhibit D, thereby making it unnecessary for many residents and guests to use private or rental automobiles. Trip logs, trip ticket data, and anecdotal evidence bears out the fact that many people use the Dial -a -Ride system to get to and from the airport and either RFTA scheduled buses or Dial -a -Ride to travel to and from downtown Aspen. The purpose of this memo is to explain in detail how the current AHV transportation system meets (and in some ways exceeds) the requirements of Exhibit D of the Subdivision Improvements Agreement and to also provide a Service Plan for the Dial -a -Ride system that addresses the specific requirements of Exhibit D. Once this Service Plan is formally adopted, there will be an enhanced monitoring structure implemented to determine the effectiveness of the Dial -a -Ride program along with the other transportation programs at Aspen Highlands. ESTIMATE OF DEMAND Demand for transportation services is created by the residents and guests of AHV. The following table is a comparison of the ultimate mix of residential types at AHV and Five Trees and the current status of occupancy of these units. Ultimate resident population at full occupancy is also provided. (The ultimate development information has been taken from following documents which are the basis for approval of these developments by Pitkin County: Aspen Highlands Village Detailed Submission — Consolidated Plan, September 1997 and Moore Family PUD Detailed Submission — Consolidated Plan, 1997) P 1 9 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 4 The mix of units at AHV is: Ultimate Currently Occupied Free Market Single Family Homes 31 7 Free Market Townhomes 31 10 Tourist Accommodation Units 73 73 Affordable Housing Units 112 112 Total 247 202 (82% of ultimate) The mix of units at Five Trees (previously known as the Moore Family PUD) is: Ultimate Currently Occupied Free Market Single Family Homes 40 11 Affordable Housing Units 31 31 Total 71 42 (59% of ultimate) The projected population mix at AHV (assuming 100% occupancy) will be: Ultimate Currently Occupied Free Market Units 244 67 Affordable Housing Units 267 267 Tourist Accommodation Units 203 203 Total 714 537 Similarly, the ultimate projected population mix at Five Trees (assuming 100% occupancy) will be: Ultimate Currently Occupied Free Market Units 160 44 Affordable Housing Units 95 95 Total 255 139 Table B-3 of the Revised Maroon Creek Corridor Detailed Transportation Plan calculates that the guests and residents of the Aspen Highlands Village should generate 347 person trips per day at ultimate build -out. Likewise, Table B-6 shows that Five Trees should generate 113 person trips per day. This is a total of 460 person trips per day for both developments combined. Although limited statistics have been kept concerning ridership on the three components of the AHV Dial -a -Ride system to date, existing ridership appears to be very close to meeting the goals that were outlined in the Revised Maroon Creek Corridor Detailed Transportation Plan. Based on the current occupancy of residences, the Dial -a -Ride system should average approximately 340 person -trips per day at 100 percent occupancy of all housing units. This estimate of the current ridership goal has been calculated utilizing the same methodology and spreadsheets that was used previously for the 1997 report. A copy of the updated spreadsheets is provided in Appendix A. March is the peak month of the year for skiing -related activity and occupancy would be the highest. Ridership calculations for March 2003 (see Appendix A) show that approximately 328 person trips per day were using the Dial -a -Ride system. The best available information concerning current ridership statistics is also provided in Appendix A. This comparison shows that the Dial -a -Ride system is very close to achieving anticipated capture rates. As discussed in a following section, more detailed ridership information will be available in the future as a part of the comprehensive monitoring program. P 2 0 • • November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 5 DESCRIPTION OF SPECIFIC SERVICES INCLUDING THE NUMBER OF VEHICLES, SPARES, HOURS OF OPERATIONS AND HEADWAYS In order to develop an appropriate Service Plan for Dial -a -Ride services, it is necessary to first acknowledge the different use patterns and the available fixed route transportation alternatives that currently exist for AHV and Five Trees residents and guests. Throughout the year, there is extensive fixed route bus service that is primarily oriented to the downtown area of Aspen. Additional services to other ski areas are provided to accommodate skier needs. Fixed Route Services during the Ski Season During the ski season, Aspen Highlands is the focus of a number of free, fixed route bus services that are provided for both skiers and residents. Including the Skier Shuttle buses run by RFTA, regular buses, and the new dedicated Aspen Highlands bus, there are nine buses per hour arriving and departing Aspen Highlands between the hours of 8:00 am and 4:30 pm. All of these buses are free to the rider. With an average capacity of 35 seats per bus, this equates to 315 seats per hour arriving and departing Aspen Highlands during these times. On a daily basis, this equates to an ability to carry more than 2,680 passengers during the peak period (8.5 hours) of the day. Specific routes and service levels include the following: • The dedicated Ruby Park/Highlands bus runs from 5:45 am until midnight on 30 minute headways. • RFTA skier shuttle buses run from 8:00 am until 4:30 pm on 15 minute headways. • The Castle/Maroon bus runs from 6 am until 2:30 am on 20 minute headways. • The Buttermilk Shuttle Provides transportation for employees and skiers on an on -demand basis. It operates from 7 am until 4:30 pm on 15-20 minute headways, all seven days per week throughout the ski season. Once ski season ends the bus schedule is reduced appropriately. • Total estimated capacity (not including the Buttermilk Shuttle) during ski season exceeds 4,585 passenger seats per day on the fixed mass transit system. To put this fixed route transit service into perspective, during Ski Season there are 2,680 free bus seats arriving and departing Aspen Highlands (just in the Sam to 4:30pm timeframe). This number is almost a four -times multiple of the current maximum occupancy figure (676), and a 2.75 times multiple of projected full occupancy (969). P 2 1 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 6 Fixed Route Services during the Summer Season Between the regular buses and the new dedicated Aspen Highlands bus, there are 5 buses per hour arriving and departing Aspen Highlands between the hours of 9:00 am and 5:00 pm. All of these buses are free to the rider. With an average capacity of 35 seats per bus, this equates to 175 seats per hour arriving and departing Aspen Highlands during these times. • The dedicated Ruby Park/Highlands bus runs from 5:45 am until 10:00 pm on 30 minute headways. • The Castle/Maroon bus runs from 6:20 am until 2:00 am on 20 minute headways. The Fixed route transit services are intended for visitors and skiers as well as residents. The Dial - a -Ride system is a supplement to these larger fixed route services for the added convenience of residents and guests. Dial -a -Ride Services Dial -a -Ride is a common term for demand -responsive transit service which can be provided in many formats. The initial Dial -a -Ride service described in Exhibit D called service between many pick-up locations in AHV and Five Trees and three checkpoints (stops) in downtown Aspen. As also noted in Exhibit D, initial service was to be provided by two vans on a fixed route through downtown every half hour. On -call taxi service is representative of more intensive Dial -a -Ride service with its "many -to -many" characteristics and generally short response time (the wait between the phone call requesting pick-up and vehicle arrival). Recognizing that the fixed route system and schedule has an impact on any other alternative modes of transportation, the current Dial -a -Ride service at AHV and Five Trees has been specifically structured to fully complement the extensive fixed route capacity to and from Aspen Highlands. In developing the existing Dial -a -Ride program, the three overlapping entities (as explained in the following organizational section) involved in providing service determined that the service described in Exhibit D represents a duplication and overlap of the extensive fixed route service already being provided to and from downtown Aspen. The AHV Dial -a -Ride system has been structured to provide convenient "many -to -many" service. In order to comply with the spirit and intent of the SIA - Exhibit D, a comprehensive Dial -a -Ride service program is currently in place and operating 365 days per year. Table 1 provides detailed information about the three components that make up the program. The following outline provides an overview of the current program: P 2 2 C7 • November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 7 Table 1. Dial -a -Ride Services Services AHVMD Service Ritz Carlton Club Amenities Association Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands Village and Five Residents and Guests Village Free -Market Trees Residents and Residences — Guests Residential Guests Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM (20.5 Hours) (16.5 Hours) 365 Days per Year 365 Days per Year 365 Days per year Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association Village Metropolitan and Joshua & District and High Company Mountain Taxi Number and Type of 37 Taxi Vehicles 4 — Suburbans 2 — Suburbans Vehicles (7 Passenger) (7 Passenger) 2— Turtle Top Vans 1 — Tahoe 14 Passengers) 5 Passengers) Headways Demand Responsive Demand Responsive Demand Responsive (No Set Headways) (No Set Headways) (No Set Headways) Service Area Aspen Downtown Aspen Downtown Core Aspen Downtown Core and Aspen/ and Aspen/Pitkin Core and Aspen/ Pitkin County Airport County Airport Pitkin County Airport Summary of Current Services • Hours of Operation: Between 20.5 and 24 hours per day, 365 days a year. Number of Vehicles: 2 —Turtle Top Vans (14 passengers each) 5 — Suburbans (7 passengers each) 1 — Tahoe (5 passenger) - recently added to the fleet in response to increased demand 37 — High Mountain Taxi vehicles P 2 3 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 8 • Headways: Currently the entire system is run as an on -demand service with no specific headways. The areas serviced are to and from the downtown core including points in between and to and from the Aspen/Pitkin County Airport. • Service Provided: Building upon the extensive fixed route mass transit component at Aspen Highlands, the initial Dial -a -Ride service is operating as an on -demand system. This system was established to respond to the varying requirements of guests, visitors and residents. It has the capacity to grow with demand without typical delays due to vehicle limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix has been expanded to meet increasing demand. The AHV Dial -a -Ride system is comprised of three overlapping services. All residents and guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is supplemented for the Tourist Accommodation Units and the AHV Free -Market Residential Units. The system can be described in the following manner: • All Units in AHV and Five Trees — On -demand service available from 5:30 am until 2:00 am, 7 days a week to the Airport and downtown Aspen. This service is contracted through High Mountain Taxi. High Mountain Taxi was selected because they are a recognized provider of transit services by RFTA, they have handicap accessible vehicles available for use upon request and they have the dispatch and fleet necessary to meet both present and future needs of the Dial -A -Ride program. • Tourist Accommodation Units — On -demand service available 24 hours a day, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 14 passenger Turtle Top vans and three 7 passenger Suburbans. • Free -Market Residential Units in AHV — On -demand service available from 6:00 am until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe. In summary, the AHV transportation system provides a flexible and convenient response to the mobility needs of residents and guests. It exceeds the service requirements and the number of vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and varied desires for moving to downtown Aspen and the airport. Costs to provide the total Dial -a -Ride service are approximately $44,100 per month or almost $530,000 per year (see Appendix A). This amount greatly exceeds the amount contemplated when Exhibit D was signed. P 2 - • 0 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 9 III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND PERSONNEL TO PROVIDE SERVICES The Aspen Highlands Metropolitan District is responsible for management and assuring the service of the Dial -a -Ride program for AHV and Five Trees (see Figure 1). The manager of the District is Beach Resource Management, LLC. High Mountain Taxi provides the Dial -a -Ride for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. The Dial -a -Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a part of their overall management of the Association responsible for these units. The Dial -a -Ride service for the Free -Market Residential Units at AHV is provided by Joshua & Company as a part of their overall management of the Amenities Association responsible for these units. The District manages the providers of the services listed above; Joshua & Company, the Ritz Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the responsibility of the District to assure that any gaps in service are filled immediately. The District has specifically taken on this responsibility as a part of the Service Plan for the District. IV. SERVICE MARKETING PLAN Services are marketed to residents and guests using several methods. During the sale of all units within Aspen Highlands Village, prospective owners are advised of the transit options available to them. Following the sale of all units, residents and guests are advised through a community website and quarterly newsletters of these services and their hours of operation; through periodic meetings; and through updates mailed to residents. Appendix B shows typical examples of the newsletter and website information concerning the available Dial -a -Ride services. In addition, written materials are available at the community post office and at the Maroon Creek Station. Samples of these printed materials available are shown in Figure 2. The Ritz Carlton and Joshua & Company also advise their guests of the availability of these services at the time reservations are made. Guests are also advised that there is no need to rent a car during their holiday stay, as several alternatives are available to them (including shuttles, vans, taxis and bus service). Guests, residents and day skiers appear to have embraced this message as the use of these services is close to meeting forecasts. P 2 5 ....... ...i i ------ - Asp e n H i g h I a n d V i I l a e D t t 1- a e D/ci,-'a-I`IcC J...1r,,.; fol Tour;si Accon r- lodcuh'c, AHU Free NJorket . I h � f Manager & Provider: Manager: c. .� f Provider: f Joshua & C�r���� j Figure Organization Chart FELSBURG HOLT & ULLEVIG P 2 6 • A s p e n H i g h l a n d s V i I I a g e • D i a l- a- R i d e Transit Related Materials Available at the Community Post Office FELSBURG HOLT & ULLEVIG 03-144 P 2 7 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 12 In order to continue the past and current success of the transportation system, there needs to be continuing efforts to provide more information to Aspen Highlands Village guests and residents. This is an ongoing process of refining and enhancing the message about alternative transportation. Upon approval of this Service Plan, the Aspen Highlands Metropolitan District will enter into a marketing agreement with the City of Aspen Transportation Department to assist in the marketing of the various transportation options available at Aspen Highlands Village. Recently the Metro District has increased the level of information that is provided to residents and visitors which has increased their awareness of current services. This awareness has been gained through increased use of promotional materials, a change in the website format and description, notices placed on residential doors within Aspen Highlands Village, and completed phone surveys on transportation alternatives to determine use and utility of services offered. The District is considering establishing a yearly budget for marketing that would allow continued printing of brochures and door hangers as well as including reminders about the available Dial -a -Ride services in each edition of the newsletters. The District participates in the Transportation Options Program and attends bi-monthly TOP meetings with businesses and others on transportation issues and provides fully subsidized bus passes for staff of the District, the Master Association and the Parking and Loading Dock Association. MONITORING & REPORTING Exhibit D of the SIA defines the following requirement for transportation system monitoring and reporting: 'At the end of the first three years of operation (Dial -a -Ride) AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year,- 2. Instances involving standees and missed trips, or trips requested but not provided; and 3. Statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the level of service may be made. " While these general reporting requirements are required for the Dial -a -Ride system, there are greater reporting requirements relative to transportation as a whole for Aspen Highlands Village. The Aspen Skiing Company began preparing annual reports regarding the agreed to service plan in the 1999/2000 ski season. These monitoring reports have also been prepared and submitted to the City of Aspen for the last three years. The 2002/2003 report has been completed, and a copy is attached to this memorandum. In order to provide more complete information, the Aspen Highlands Metropolitan District has formulated the following comprehensive monitoring plan that was put into effect in January 2003: November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 13 The District assumed responsibility for the monitoring of air quality, and collection of information regarding ridership, traffic counts, et cetera in December 2002. With the assumption of these monitoring requirements, it was discovered that the air quality monitoring station could not be properly calibrated. Intermountain Laboratories was retained immediately and the system was completely overhauled and rehabilitated. A spare parts inventory was established, and the monitoring station has been running efficiently and providing accurate information since January 2003. • The District has also completed traffic counting during the 2003 ski season; traffic counts included a breakdown between vehicle types (bus, shuttle, service vehicle, skier/visitor, and resident), vehicles per hour, et cetera. The traffic survey is included in the annual report to the City which will address air quality, transit and on -demand services. A copy of the Monitoring Report for the 2002/2003 ski season is attached to this memorandum. The District has purchased and is installing a traffic monitoring system that will operate on a continuous basis during the 2003/2004 season. Additional equipment that will be purchased includes five vehicle counters that will be installed on Prospector Road, Thund.erbowl Lane, the entrance to Building 7 and the entrance to Building 5. The fifth counter will be installed in different locations throughout the year to record traffic at other portions of the village. Hose counters will only be installed on snowmelt roads during the winter to prevent damage and loss of information. Several cameras have recently been approved for installation to monitor traffic at the bus stop area on Boomerang. It is possible that some of the discrepancies in reporting between various entities are due to riders to Highlands not departing the bus at Highlands. It occurs to the District that many riders that get on the bus at other locations may ride to Highlands to get to Aspen. For example, the bus stops at Castle Creek, the roundabout, the Aspen School District, and the Aspen Recreation Center before stopping at Aspen Highlands. It is clear that Highlands is not the final destination for these riders. The data produced by this system will become part of the annual report and will provide daily figures on traffic totals at Aspen Highlands Village. The system is proposed to be set-up to differentiate between vehicle types and to allow for the generation of additional data that will be useful to the Village and the Maroon Creek Corridor transit program. More details about the proposed traffic monitoring system for the 2003/2004 season are provided in Appendix C. The District has agreed to continue monitoring for an additional period of two years beyond what was originally required due to gaps in information during the past two years (prior to the District assuming responsibility for monitoring). During this period of time, the District will monitor air quality at Aspen Highlands; traffic numbers and, if possible, traffic type; Buttermilk shuttle ridership; mass transit ridership; -skier bus ridership; Maroon Bells ridership; Dial -A -Ride use including all services provided to village residents; airport use versus downtown core use; and skier parking counts. P 2 9 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 14 The District will also cooperate with the Aspen Highlands Village Association and Aspen Skiing Company to compare special event numbers to traffic generation numbers and changes in air quality data, if any. All data will be evaluated and converted to useful information for inclusion in the annual report. Beginning in 2004 this report will be issued shortly after the close of the. ski season. The report will include information from summer 2003 activities and Maroon Bells transit information. SUMMARY Aspen Highlands Village provides a very comprehensive transportation system for residents, guests, and skiers. AHV supports a number of fixed routes that are operated. by RFTA. In addition, a Dial -a -Ride system is provided for residents and guests. This system is well supported financially and is very close to meeting ridership goals. The system provides overlapping services so some users have several options for their trips to downtown Aspen and the Airport. This success is due to an ongoing information program that is refined and enhanced continuously to maintain recognition of the alternative transportation options available to AHV residents and guests. A procedure to improve Monitoring and Reporting of the status of the system has been included in this memorandum. We look forward to continuing to work closely with the City of Aspen and RFTA to provide transportation alternatives at AHV. P3 MEMORANDUM TO: Julie Ann Woods, Community Development FROM: Cindy Christensen, Housing Office DATE: May 6, 2004 RE: ASPEN HIGHLANDS VILLA GE EMPL 0 YEE A UDIT ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was that "An audit of full-time employees shall be conducted at the applicant's expense one year after completion of Phase Four. The applicant shall be responsible for housing mitigation of any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation, the applicant may seek a credit to be used on other Pitkin County projects." BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning, LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land Planning LLC was approved by the Housing Office as an impartial third parry to conduct the audit. The audit concluded that the Ritz -Carlton Club maintains about 14.75 more FTE's than had been accounted for by the approved generation factors. However, the audit showed that HHLP and the Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than expected at the time of the approvals. The total FTE's of the PUD are to be considered; therefore, the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89 fewer FTE's than were expected to be generated when the approvals were granted. The calculations presented were correctly computed, but remain subject to limitations. Those limitations are stated below: 1. The annual man-hour figures in the audit are based on data provided by the Ritz -Carlton Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not independently obtained from or documented in State records or any other source. 2. Where a space remains vacant or a tenant did not provide information, the audit used the approved employee generation rates to result in neither a shortfall nor a surplus of FTE's attributable to that space. Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all tenants had been able to provide multi -year data. It was impossible for Mr. Haas to extrapolate meaningful trends or even arrive at meaningful averages. • C7 RECOMMENDATION: The Housing Board reviewed the findings of the audit and concluded the following: 1. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village. 2. The audit concluded that there is a credit of 14.89 FTE's. 3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited Partnership to seek a credit to be used on other Pitkin County projects. 4. At such time that Hines Highlands Limited Partnership would want to utilize any of the 14.89 FTE credits, approval would need to be received from the appropriate elected body and the amount utilized to be noted in a recorded document until such time as all of the credits are utilized. 2 SUBDIVISION !MPROVEMENTS AGREEMENT ?OR THE ASPEN HIGHLANDS TILLAGE ?.U.D. TzIIS SL-BDIVISICN T-MPROVEMENTS AGREEMENT ( "Agreement") , made and entered into th'_s /,1710 day of eQ!:re_998, by and between HINES LTIGHLANDS LIM:—= PARTNERSHIP, a Delaware limited partnershin (hereinafter re-ferred to as "Owner") and TITLE 3CARD OF COUNTY CC1'�IT_SSIONERS of the County of Pi tkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "COunty"). W I 7 N E S S E T H A. The Owner has received final approval for a Site Specific Development Plan from the 30CC for a subdivision known as The Aspen Highlands Village P.U.D., a Planned Community, as set forth in the Detailed Submission Consolidated Documents, consisting of: ♦ Thirty-one (31) detached free-market dwelling units; ♦ Thirty-two (32) townhouse free-market residential dwelling units; ♦ Seventy-three (73) tourist accommodation units; ♦ Thirty-eight (38) dorm units; ♦ Twenty-two (22) Category 4 affordable housing sale units (4 bedroom); ♦ One (1) Category 4 affordable housing sale unit (3 bedroom) ♦ Twenty-eight (23) Category 3 affordable housing sale units (3 bedroom); ♦ Eight (8) Category 1 affordable housing sale units (1 bedroom); ♦ Eight (8) Category 2 affordable housing sale units (1 bedroom); ♦ Two (2) Category 3 affordable housing rental units (1 bedroom) ♦ Five (5) Category 3 affordable housing rental units (2 bedroom) ♦ Ten (10) Caretaker Dwelling units; ♦ Twenty-one thousand six hundred (21,600) square feet of retail space (Net Leaseable Area "NLA"); ♦ Fourteen thousand one hundred twenty five (14,125) NLA restaurant space; ♦ Twelve thousand (12,000) square feet of accessory skier services (NLA) ; ♦ Four thousand eight hundred (4,800) square feet of condominium rooms and meeting rooms (NLA); ♦ Two thousand two hundred (2,200) square feet of ski area storage (NLA) ; ♦ Four hundred fifty (450) parking spaces for the Aspen Highlands Ski Area; and, ♦ No less than two hundred thirty (230) off-street parking spaces I lillil 111i1 lllill Illlil Ilil llll lilllll 111 lllll IIII llil 42 1L 10/19/1998 03:53P SUB I11PR DAMS SILYI 1 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO the "Project") on that certain real (hereinafter col;ec__rely � pr= erty (the "Proper_y") located n ?;tkin County, Colorado more particularly described on the :final Plat of .he Aspen :i_Qhlands Village P.U.D. (herein "Subdivisicn Plat") which plat _sr_iled of_ record in Plat Book'•}•? at Page ( in the real property records or Pitkin County, Colorado. (Since deta_ led submission, a small modification has been made to the affordable housing unit Mix. '^"is chance was approved by the BOCC at final prat. The current Clan stows one hundred twelve (112) affordable housing snits, housing 257.75 people. This compares to the previous approvals which contained one hundred eleven (III) affordable housing units, housing 267.25 people.) B. The County has Fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. Z, "Granting Detailed Submission, Planned Unit Development, Subdivision, and 1041 Environmental Hazard Review Approval, Condominiumizat_on Approval, Transferrable Density Rights Receiver Site Approval, and Special Review approval for the Aspen Highlands Village PUD Project" (herein the "Resolution" or "Detailed Submission Approval"), recorded in the real property records of Pitkin County, Colorado, at Reception No. 21"(e2 and as recorded evidenced by Pitkin County ordinance Nos. - in the real property records of Pitkin County, Colorado, at Reception Nos. .0&-- C. The County has fully considered the Final Plat of The Aspen Highlands Village P.U.D. as evidenced by Pitkin County Resolution No. 98- �79 granting Final Plat Approval, recorded at Reception No. 14 -3 2_($ D. Subsequent to obtaining approval of the Detailed Submission and amendments, the name of the prcject had been referred to as "The Aspen highlands Base Village P.U.D.". All references to The Aspen Highlands Base Village P.U.D. or the "Project" shall mean and refer to "Aspen Highlands village". E. This Agreement evidences the owner's agreement to the conditions contained in the Resolutions as required by the subdivision regulations contained in the Pitkin County Land Use Code. F. In granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") in effect for this Project, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions and requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. -2- i iiniu nm nixi Nm nii uN iof iuu iin mi • G. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed so will to faithfully performed by the Owner, its successcrs and assigns. The Owner is willing to enter into this Agreement, and provide such assurances to the County. AGREEMENT NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the 30CC as follows: 1. water System. Owner agrees to install, or guarantees installation of a central water system connected to the City of Aspen water system to provide water service to Aspen Highlands Village, including water service to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and specifications provided to Owner by the City of Asper.. Z. Roads. The owner agrees to install or guarantees installation of the private or public roads in accordance with plans submitted and approved by the County in the Aspen Highlands Village P.U.D. Detailed Submission. Roads shall be constructed in conformance with all requirements set forth in the Detailed Submission Approval. 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service to Aspen Highlands Village, including electric service to the lot line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross Electric Association. 4. Telephone Service. Owner agrees to install or guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to Aspen Highlands Village, including telephone service to the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. West Communications. 5. Natural Gas. Owner agrees to install or guarantees installation of natural gas lines to provide gas service to Aspen Highlands Village, including gas service to the lot line of each lot within the Subdivision. Natural gas lines shall conform to the requirements and specifications provided to Owner by KN Energy. 6. Waste water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and lines to provide sewage disposal service to Aspen Highlands -3- 11111111111111111{ IIIIII {IIl 111{ Ilillll 1{{ 11{I111D III 473'71 10/15/1998 03:33P SUB INPR DAVIS SILVI �� a s as n m M N A.00 PYTICIN COUNTY CO • Village, including sewage disposal service to the let lire of each lot -dithin the Subdivision. 'Haste water ccilection systems and 1;r_es shall conform to the requirements and specificacicns provided to Owner by :he Aseen Consolidated Sanitation District. 7, Undergrounding of Utilities. Owner shall underground all new uti_ities in the Project with the exception of required su=face mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure _educing stations, fire hydrants,-mecers, and similar appurtenances requiring above -grade irstallatien. irrigation, snowmaking, and domestic water pump stations will -be either sheltered or placed underground. 8. RFTA Payments. Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing Castle/ Roaring Fork Transit agency (RFTA) route that will trigger a requirement for the Owner to :Hake a payment to RFTA for the purchase and operation of one (I) additional bus on the route. (See Exhibits "A" and "D") 9. Public Trails. Owner agrees to construct or provide security for the construction of the public trails as included in Exhibit "A" (the "Project Public Improvements") attached hereto and made a part hereof, in conformance with Detailed Submission Approvals. Two public trails are to be constructed, one next to Maroon Creek Road. The cost for this trail is included in Exhibit "A" and Exhibit "E" (the "Maroon Creek Corridor Improvements Estimate"). The second public trail is shown on the plat as part of Thunderbowl Lane. It links the Highlands Tillage to the Moore PUD along Powderbowl Trail. Exhibit "A" includes the construction of this trail. 10. Traffic and Transit Parking Plan. The Owner shall implement a comprehensive traffic/transit/parking monitoring nclude measures to ensure increased system plan, which shall i mitigation actions if monitoring shows that the mitigation plan is not adequate. The Owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for County and RFTA review. If traffic impacts exceed traffic projections, additional mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan", dated February, 1997, so as to require mitigation for those additional impacts, the additional mitigation required by Owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and/or Pitkin County Engineering Department)• i imii nisi muniiin im iiu iiuii un mii IN IN • • (b ) if the trips generated are lower than the mrojections contained in the Detailed .ransncrtat_on Plan" shall be entitled tc suggest programs then being funded. finding by the 3OCC that the however that Owner snail not portior. of its=nfrastructure below. "Revised Maroon Creek Corr'dcr dated February, 1997 , the owner a reduction in the traffic mitication Such reduction shall be based upor_ a reduction is appropriate; provided, be entitled to a refund for any donation described in Paragraph 17 11. Const-uction ?hasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in accordance with the phasing plan set forth in Exhibit "B" attached hereto and made a mart hereof (the "Aspen Highlands Village Phasing Plan"). Variations in the phasing schedule shall be permissible in order to provide on -site flexibility in completion of the Project Public Improvements. 12. Construction Management Plan. The construction management plan will be as set forth in Exhibit "C" attached hereto and made a part hereof (the "Aspen Highlands Village Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan, the staging of construction equipment and materials, and public notification plans for road closures or any other public inconveniences during construction. 13. Dial -A -Ride. Owner agrees to implement a "Revised Aspen Highlands Village Castle Maroon and Dial -a -Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit Plan the costs of which are set forth in Exhibit "A". 14. Landscaping. Owner agrees to install or provide security to ensure the installation of landscaping as depicted in the Aspen Highlands Village P.U.D. Detailed Submission, and specified in the Project Public Improvements. The Owner shall implement and be responsible for the performance of all landscaping associated with Phases 1 through 4, which shall be secured by a bond enforceable by the County in an amount equal to one hundred percent (loot) of the estimated cost of completion. All plant materials used in the landscaping shall be guaranteed for two (2) growing seasons after the initial installation. Owner shall revegetate all disturbed areas with a mixture of indigenous grasses and wildflowers. The use of invasive grasses shall be prohibited. Owner shall also implement a weed control plan, especially in the wildflower meadows, the first level of which shall be non -chemical; provided, however, that chemicals may be used if non -chemical weed control fails. IS. As -Built _Survey. The location of various elements of the Project as shown on the PUD Plan, Final Plat or civil drawings -5- II1111 lllll Iillll IIII11 IIII 1111 llllill Ill 111111111 Illl 423271 10/15/1998 03:53P SLM IMPR DAVIS SILYI _z 2m a a a0 0 0.00 N 0.00 PITKIH CMMTY CO submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative to construction may require minor deviations or variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, Owner may cause the precise location of such improvements to be surveyed. 9ased on such survey, the County Planning Director may at the request of Owner approve insubstantial amendments :o the PUD Plan, Final Plat or the civil drawings to correct deviations in the as -built surveyed location of any such improvements. 16. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the Project Public Improvements and full compliance of the conditions and covenants of this Agreement and the Detailed Submission Approvals, including site restoration in the event the work undertaken pursuant to the earthmovinc permit is not substantially completed. Owner shall secure the financial assurances required in this Paragraph by obtaining a surety bond in a form approved by the County Attorney. The Project Public Improvements shall include those items set forth on Exhibit "A". If a metropolitan district is formed, the assessments shall be based on assessed valuation. Installation of landscaping will not be funded by the special metropolitan district. (a) No Security for any Project Public Improvements shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Upon the issuance of the first excavation, demolition or grading permits for any of the Project, owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) As the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public Works shall inspect the work within thirty (30) days of written request made to the Public Works Department and the Pitkin County Attorney's Office, and on reasonable acceptance of the improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch list" type work for which the County may require continuing security. (c) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject uuui nununi ipm uii mi 1111111111111111111 IN to establishing Satisfactor_J Dart_al colimrlet:on ofL the �mDrOVemenLs, Suc.1 partial releases sham be =ranted. (d) Failure to respond withi_ =arty-'-`Je (45 ) days of any request for partial or final release shall ccnstitute ':�prcvemen=s by the Pit'County 3ngineer or acceptance of the Pitkin County Dir=ctor of Public Works and release or partial release of the security shall be granted. (g) owner .:.ay cause a Smec_al :�etrcno!--an District to be formed for purpcses of f Yancing�and�caimpzovements.alIf suor ch of the construction of the Project Public d�str'-ct obtains funding district is formed, then at the _ -_ _ from the sale of bonds or other sources suf_ic_er_t for file construction of the Project Public :mprovements, Owner shall be entitled to a release from the County o= an ecuivalent amount of ty provided tie County Attorney is sat_s=ied with the Security to have the Project Public :mprovements completed County's abili in the event of Owner's default. If the Count.t Attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The County agrees that it will not oppose the for ation of a special improvement district for the purposes set forth herein. 17, Maroon Creek RoadtHicllwaY 82 Intersection. ,Upon recordation of the Final Plat, the Owner shall escrow Six Hundred Fifty Thousand Dollars ($650,000.00) which must be used for infrastructure improvements along the Maroon Creek/Castle Creek/Highway 82 intersection and Maroon Creek Road. The cost projections for these improvements are set forth on Exhibit "EE"and the Owner will make the improvements described on Exhibit "E", ands for other improvements within County may use the remaining = the Maroon Creek corridor, inclusive of the Maroon Creek/Castle Creek/State Highway 82 intersection. additionaer shall not be I cost ofTthesehe nproposed improvements responsible for any t Fifty Thousand Dollars ($650,00.00) provided above the Six Hundred herein. In addition, the Owner shall contribute Three Hundred Fifty Thousand Dollars ($350,000.00) for long-range improvements to the Castle/Maroon intersection as part of the Entrance to Aspen FEIS. 18. Improvement Maintenance Aareement•naccordance with Section 6-4.5(b) of the Code, owner shall, prior t he conveyance, sale or transfer of any single family lots within the Project (excepting transfers by Owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by the Aspen Highlands Village P.U.D. homeowners' association or other Special Metropolitan District in peril y of all Project common improvements not accepted for dedication by the County or the utility providers. 7 - imii nui nmi dui uii iw uiii11111111 un im 19. Cart:F,catas of occupancy. Once a bond has been posted with the County tc cover the cost of the Affordable ?lousing Units in 3lccks 3, F, and G, and Affordable Housing Units in Block D, Building 3, all Free -Market Units in the Single ?amily and Townhcmes shall be entitled to Certificates of Occupancy, subject to satisfaction of all of-er requirements necessary to obtain a Certificate of Occupancy. In the event Certificates of Occupancy have not been issued for the Affordable Housing Units in Blocks B, F, and G, and 3lock 0, Building 3, by December 1, 2001, the County may pursue the remedies provided for in Paragraph 25 hereof. Buildings 2, 4, 5, and 3, Bloc.,-. 0, contain :fixed land uses, including Affordable Housing Units. Certificates of Occupancy shall not be issued for free market spaces in _hese buildings until Certificates of Occupancy have been issued for the Affordable Housing Units in the corresponding building. Nothing in this Paragraph shall prevent Owner, from obtaining demolition, grading, excavation, foundation, building permits, or any other permits for the Project. 20. Execation of Final Plat. The Owner's obligations to construct the improvements hereunder are expressly contingent on the Owners' recordation of the Final Plat in the real property records of Pitkin County, Colorado, and on the BOCC's approval of the Final Plat. 21. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant to C.R.S. §24-68-101 et.se . that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property for five (5) years. Upon completion of Phase 1, as defined in Exhibit "B", the Development Approvals shall be deemed vested in perpetuity. 22. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. 23. Bulk Sale. In the event Owner does not develop the Subdivision, Owner may sell all or a portion of the Subdivision in bulk to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. u1271iii niiugnui�um 24. A89iq=ent of interest and Obligations. owner may , assign its ;nterest in the Property to a third party`heho shall develon .he ?rcperty or portions thereof, including . constrsct--on of the ?rod ect ?ublic Impro'Temencs conzaT aced hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations hereunder to any one or more special districts or homeowners associations to be formed for purposes of performing sucn obligations. 45. Remedies of County. In the event Owner shall fail to ' construct the Project Public Improvements for which it -s responsible under this Agreement in accordance with plans and/or n the drawings approved by the County, specifications appearing i and within the schedule set for the .completion of said Project public Improvements, the Count- shall provide owner witi.witnothe� of non-compliance ("Notice of Non -Compliance ) wog right for a period of ninety (90) days after the =eceipL by Owner of such notice for Owner to cure such nor. -compliance or schedule a he BOCC. Provided, however, the Owner may hearing with t reasonably modify the schedule for construc-ion of any Project public Improvements by providing written nccice to the County. The Notice of Non -Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. If Owner, by written notice to the County given pricr•to the expiration of the time to cure set forth in the Noticelt exists, of asn- soon Compliance, disputes whether or not a ay period, the BOCC shall as practical within said ninety (,0) day P conduct a hearing (the "Non -Compliance Hearing") - determine whether or not a default exists. At such hearing, Owner may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner shall have ninety (90) days from the date of the hear=nglfithiat the which to correct the deficiencies, weather erpermitting. owner is expiration of said ninety (90) day time proceeding with due diligence to correct the deficiencies, weather permitting, then said time period shall be extended for so long as Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non -Compliance within the time provided or in the event a Non-compliance Hearing shall cur where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) No default hereunder by Owner shall result in any revocation or termination of the Project approvals as described in al assurances the avesbeennce the released, theicounty specifically ed by waives t his waivesany Agreement h i Iola nip nail olio iiii mi 11111111111111111 IN ..._... _. _._._.__._ right it may have to object to the Project Public Improvements or to require the Owner to perform additional work, notwithstanding guaranties and warranties. (c) In the event the County draws on the security to correct deficiencies, in shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to correct the deficiencies or properly complete the Project. The County shall be obligated to make a good faith effort to complete the protean, provided that the County may decide to only secure public health, safety, and welfare. In such evert, the County may only draw on the bond in an amount necessary to complete said work in as economical and efficient a manner as possible. (d) -Nothing contained in this Agreement shall limit other remedies available to Pitkin County under Colorado law. 26. Entire agreement. This agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not be modified except by a written agreement duly executed by all parties. 27. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the dxpiration of three (3) days after it is deposited in the United States Mail, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County: If to Owner: Board of County Commissioners c/o Bob Daniel c/o Pitkin County Manager Hines Highlands Limited Pitkin County Courthouse Partnership 506 East Main Street 426 E. Main St. Aspen, CO 81611 Aspen, CO 81611 With a Copy to: John M. Ely Pitkin County Attorney 530 East Main Street Aspen, CO 81611 With a Conv to: Gideon Kaufman, Esq. Kaufman & Peterson 315 E. Hyman. #305 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. 28. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and -10- Illlli 11111 HIS 111111111111111111111 Ill 1111111111111 423271 10/15/1998 e3:93P SUS I11PR DAVIS SILVI ..A e e as n a 00 N M . as PITZIN CCLWrY CO • • for reference, and in no way define, limit, extend, or describe the scone of this Agreement: or the intent of any portions hereof. 29. Conflict. This Agreement is intended to amplify and carry out certain of the provisions of the Resolutions. In the event of any conflict between the provisions of this Agreement and the Resolutions, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. 30. Force maieure/Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the per-Eormance hereunder shall be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days") . Within thirty ( 3 0 ) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimed for the calendar year or other period. 31. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of this entire Agreement. 32. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 33. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. 34. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issues, was the prevailing party in the action. -11- II1111 IIIII HIM IIIIII IIII IIII 1111111 III HIM III IIII 42Z271 10/15/1995 03:33P SUB IMPR ORVIS SILVI 11 of 30 R 0.00 0 0.02 N 0.00 PITKIN COUNTY M • 35. Clerical Er -ors. In the event any clerical, 41 other arrors are sound -n this Agreement or any administrat_ re or - --- legal descriptions or otter exhibits hereto, or in the event any exhibit shall be Hissing, the parties agree to orompt_y execute, acknowledge, inany itial and/or deliver, aArnoneousryt document, documentation in order to correct the description, exhibit, or to provide any missing exhibit. 36. Estoppelerti Certificate. From time to time, Owner shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney)) shall certify to Owner or another party designated by Owner such as a cons trial ct=on lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Netice of Non - he: has been given to the County; (ii) this Agreement is in cull force and effect; and, (iii) the County hasOneknowledge Of any default under this Agreement on the p does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such other informat-on as Owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The i=icate shall not be unreasonably withheld issuance of such cart or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF PIT. COUNT`_', COLORADO BY eo roorothea Farris, airperson ATTEST: B e=e 'y, oe-e- e K • ??�a�J oWNER: HnTES HIGHLANDS L ' ITSD pARTHERSHIp, a Delaware APPROVED AS TO FORM: By � John M. Sly, ttorney limited partnership, by ASPEN gIGgLANDS SKIING CORPORATION, a Delaware corporation, its Ge 1 Pa ner By___ia 11111 HIM 111111111111111111111111 HIM III IN Ssp cm T!!PR MIS SILVI 423271 10/ 10/ 1woo 03 s r 12 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CC -1. • s STATE OF COLORADO COUNTY OF PI- N The foreacina day of 6t&--, the 30ARD OF COUNT`_' ) } ss. instr•-meat was acknowledged before me this 14 1998, by Dorothea Farris, as Chairperson of COMMISSIONERS OF PITK_V CCUNT'_', COLORADO. . 7, r r hand and ✓y3t, STATE OF COUNT" OF Y ��ti n instr=e^_t was actir_owledced before me this l3 1998, by f , CcLQ �-0,1 T S'�-p n _ as \) ,'c-e + SKIING CORPORATION, a Delaware corporation, as of HIKES HIGHLANDS LIMITED PARTNERSHIP, a The foregoing day of of ASPEN HIGHL&-LIMS a General Partner of=4c4al,seal. expires : 2 f\7 {oZ Notary Public ss. Delaware limited partnership - Witness H,d and official seal. My co �cpires . I /W �UBL1t,'a,0 Notary P 11c y�h�'F imm���``• My CCMMISSICN EXPIRES: 0ecemoer 4, 1999 111111111111111111111111111111111111111 Ill 111111 Ill 1111 423271 10/15/1998 03:53P SUS IMPR DAVIS SILVI 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO C:\clients\HINES\subdivision imp agr-clean -13- LIST OF =HHIBITS Exhibit A - Project Public--=rovemen:s :,;xh,b;t g - Aspen Highlands Village Phasing Plan Exhibit C - Aspen Highlands Village Construction Management Plan Exhibit D - Revised Aspen Highlands Village Castle Maroon and Dial -a -Ride Service Plan Exhibit E - Maroon Creek Corridor Improvements Estimate 421321171111111111111111111111111111111111111111111 98 03:33P SUB I„ft�t1 1 10/15/19 1+ of 30 R 0.00 0 0.00 N 0.00 PITY -IN COUNTY Cfl -14- Summary Aspen Hioiands Yillz e IP=pared Jauma y 1998 Landsca_TM Cost Estimate I Site Description Cost Day Slder Parking and Village Emrance S 266,023.37 Vidlage Corr ,Ax= I S 239,266.85 Thmderoowi Nei • orhood S 159,989.39 Maroon Nci#bortiood i S 80,074.57 Affordable Hounng I S 145.194.17 Sh Rim Reveg=crn S 17,115.00 Weed Manapmem S 64.800.00 1 $ 1,022,463.55 1111111111111111111111111111 IN 1111111111111111111 IN 423271 10/15/1998 03:53P SUR IMPR DAVIS SILVI 18 of 30 R 0.00 D 0.W N 0.00 PITKIN COUNTY CO Page 1 Entrance and Day Skier Parking Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate t 1 Entrance and Day Skier Parking Area 1 lQnantity Size !Descnpnon (unit Total 20 108ft ColoiEng Spruce I S 3 12.2 3 S 6,244.60 ZO 12ft iColoiEng Spruce S 569.54 S 11,390.80 1 18 ' 16ft iColorEng Spruce S 1,138.15 S 20,486.70 I I 31 IZ"cal. (Aspen NG S 199.96 1 S 6,198.76 31 13"cal. !Aspen NG S 237.65 i S 9,917.15 22 3" cal. 1 Street Trees S 31223 S 6.869.06 I 171 15 Gal. I Deciduous Shrub ! S 28.48 1 S 4,870.08 1 ! I 2.500 i t GaL IPerenniai S 8.77 1 S 21,925.00 200 (Flat IPerennials S 58.20 1 S 11,640.00 2.725 I SF I Bluegrass Sod I S 0.65 1 S 1,771 .5 110.500 ISF ILow Native Seed S 0.13 1 S 14,365.00 I I 560 1 SFF I Walls Drystack S 24.09 1 S 13.490.40 1,300 ICY ITopsoii S 41.58 I S 54,054.00 123,125 !SF Fine Grade S 0.06 1 S 7,387.50 120 1 LF Steel Edger 4In S 1.67 ! S 200.40 90 ICY Mulch S 31.71 1 S 2,853.90 185 icy Planter Mix S 41.58 S 7,692.30 I I I 1 I LS Irrigation I S 65,666.67 S 65,666.67 1 I S 266,023.57 Based on drawings by Robert A. Stem Architect Sheets L201 and L201.3 Dated 1-20-98 111111111111111111111111111111111111111111111111111111 IN 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 17 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CD Page 1 ..._...._.... .........__. Village Care Area Asoen Highlands Village Prepared January 1998 Landscaae Cost Estimate Village Core Quantity Size ! Description Unit Total 10 1OFT Spruce S 449.08 S 4,490.80 5 14FT Spruce I S 788.31 S 3,941.55 5 1 16F7 I Spruce S 1.138.15 S 5,690 75 2 ! Spruce S 1,651.85 i S 3,303.70 l Spruce S 3,520.62 : S 3,520.62 3 i 2" cal. Aspen NG S 199.96 S 599.88 57 3" cal. Aspen NG S 287.65 S 16,396.05 8 1 3" cal. Street Trees S 312: 3 I S 2,497.84 ! 132 5 Gal. Deciduous Shrubs S '_8.48 S 3,759.36 2,700 1 Gal. Perenniais S 8.77 ' S 23.679.00 I I I 12.000 i SF Bluegrass Sod I S 0.65 i S 7,800.00 21.000 ! SF Low Grass Seed I S 0.16 1 S 3,360.00 220 1 TON River Bouider S 63.12 I S 13,886.40 1,585 1 SFF Planter Wall Con I $ 44.33 1 S 70 263.05 2,520 1 SFF I Planter Wall Dry S 27.37 1 S 68,972.40 I I I I 607 ; CY I Topsoil S 41.58 1 S 25,2.39.06 6,500 1 SF Fine Grade i S 0.06 1 S 390.00 600 1 LF Steel Edger 4 In. I S 1.67 ! S 1,002.00 50 i CY I Mulch I S 31.71 i S 1,585.50 1! LS I Irrigation ( S 28,888.89 1 S 28,888.89 S 289.266.85 Based on Robert A. Stern Architects L201 and L201.3 dated 1.20-98 111111111111111111111111111111111111111111 HIM III IN 423271 10/10/1998 03:S3p SUB IMPR ORVIS SILVI 18 of 30 R 0.00 0 0.00 N 0.08 PITKIN COUNTY C0 Page 1 Thunderbowl Neighborhood Aspen Higbiands Village Landscape Cost Estimate _ Prepared January 1998 'Ihunde=wi Neighborhood Quantity ! Sae Description Unit Totai 10 1 04ft 1 Spruce S 145.04 i S 1,450.40 25 i 06ft Spruce S 208.15 I S 5.203.75 25 i 08ft Spruce S 312.23 S 7.305.75 25 10ft Spruce . S 449.08 i S 11.2-17.00 25 i 12ft 1 Spruce S 569.54 ', S 14,238.50 12 1 14ft 1 Spruce S 788.31 S 9.459.72 51 16ft I Spruce S 1,138.15 I S 5,690.75 I I i 130 1 5 Gal. i Aspen ' S 26.84 S 4,026.00 100 i 7 Gal. ASDen S 52.04 1 S 5,204.00 75 1 1.5" Cal. Aspen NG S 136.85 i S 10,263.75 20 1 2.5" Cal. Aspen NG S 232.73 S 4,654.60 100 i 2" Cal. Aspen NG S 199.96 S 19,996.00 10 ! 3" Cal. Aspen NG S 287.85 1 S 2,878.50 I 146.400 i SF 1 Wildflower Seed I S 0.13 S 19,032.00 277,400 1 SF Native Seed S 0.03 1 S 22,192.00 1 ' 1 LS I Drip Irrigation S 16,666.67 i S 16.666.67 I I S 159,989.39 I llllll Illll 111111 Ii1111 Illl Itll 1111111 Iil Illlil 111 lilt 423271 10/15/199S 03:Wp SM IT" DAVIS SILVI 19 of 30 R 0.00 O 0.00 N 0.00 PITKIN COUNTY CO Page 1 Maroon Neighborhood Aspen Highlands Village Prepared January 1998 Landscaoe Cost Estimate Maroon Neizhboraood I Quantity Size Description i Unit Total 5 14ft Spruce S 145.04 1 S 725.20 10 1 6ft 1 Spruce S 208.15 1 S 1-081.50 !0 18ft iSpruce S 3 12. 23 S 3,122.30 10 i loft Spruce S 449.08 I S 4,490.80 I 10 ! 12ft i Spruce I S 569.54 1 S 5,695.40 10 114ft -Spruce I S 788.31 1 S 7,883.10 8 i 16ft .Spruce I S 1,138.15 1 S 9,105.20 100 15 Gal. IAsmn I S 26.94 1 S 2,684.00 60 i 7 Gal. i Aspen S 52.04 1 S 3,122.40 50 11.5" Cal. IAsoen NG I S 136.85 i S 6,842.50 10 12.5" Cal. Aspen NG I S 232.73 ! S 2,322.30 40 12" Cal. Aspen NG S 199.96 1 S 7,998.40 5 13" Cal. ;Aspen NG I S 287.65 i S 1,438.25 129,200 SF Native Seed S 0.08 S 10,336.00 1 LS ;Drip Irrigation i S 12.222.22 1 S 12.: S 80,074.57 Based on Robert A. Stern Architects I I Dated 1-20-98 Sheets L-204 and L-404DWS ui�u niii nine loin IN iimii iu imR gim IN Page 1 Affordable Housing Aspen Highlands Village iPrepared January 1998 Landscape Cost Estimate Affordable Housing � I Quantity i Size 1 Description 1 Unit Total 23 I NA :Housing Unit Allowance I S 6,312.79 1 S 145,194.17 I I I i I Based on Robert A. Stern Architects Dian reduction L401.3 111111111111111111 Mill 111111111111111 III 111111111 IN 423271 10/13/IM 03:03P SUB IMR DAVIS SILVI 21 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 Ski Run Reveg. and Weed Controi Aspen Highlmds Villau Prrpared Jammv 1998 Landscavc Cost Estimate 1 Ski Rua Ve ctnnon l Quantity Size i Description i Unit I Total 4.891 Acre I Match east. Grasses S 3.500.00 1 S 17,115.00 I Not 111ciuding import umsod I i 541 Acre I Weed mans emem prosram dunng consmruruon i S 200.00 1 S 64,800.00 1Thist1e and weed control by mrav or other mranc 154 Acrzs for three vears, twice = v= 111111111111 HIM 111111 II11111111111111111111111 IN 423271 12/15/1998 03:33P SUB IMPR DAVIS SILVI 22 of 30 R 0.00 D 0.00 N 8.00 PITKIN COUNTY CO Page 1 1 1' IA 1 JI 13 ` .•��. ��, '1�`e .�,t-�, mil �`: s• �.,` �,`• ,�:,- , LO LO ,1 • 7j Ill. I'•,''t.•`� �111 �- J{ I I '' i•i rt'`�' lil y r n �s.." l ice: - .. `. ry •'L _ ►,' _ 71 L LU tr r+ W LIlf10� MIILLI.1 NO's Y 00•9 0 a's Ir R R IA-115 SIA110 hill SM JCOri! Seg"O fo ILZM 111111 ��II III 11u111 III 1UI 11111 all 1111 Inc Aspen Highlands Village Final Construction _Management Plan Revised October 5, 1998 Overview This Construction Mana¢ement Plan has been revised to retlect the comments and feedback rcceivcd from the County Engineer, Bud Eylar, at the annual pre -construction meeting held on April 23, 1998. .As agreed to at the meeting, this plan is intended to serve as: • A vehicle of cooperative understandings between the Developer and the County, to be modified and amended (with mutual agreement from both parties) as required • A source of ongoiong communication with the County's Public Works/Road & Bridge Department in an effort to keep the County informed of construction activities, work progress, and to keep an open dialogue regarding construction issues that effect -die community • An amended and approved plan for the 1998 construction schedule. The County and the Developer reserve the right to make reasonable changes (with mutual agreement form both parties) to the plan as needed. In preparing the procedures and measures to be incorporated in the construction process for the Aspen Highlands Base Village, it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the .Aspen Highlands Base Village improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. Typically, TDM will principally deal with mass transit incentives and auto disincentives. However, other ideas have been investigated relative to TDM and the construction process. Outlined below are several measures the project proposes to implement as a part of the construction process. Travel Demand and Traffic Control Measures The following Traffic Control Plan has been presented and approved by the County Engineer. It will be self -performed by Gould Construction with their certified staff. During the construction of the Aspen Highlands Base Village the following TDM and Traffic Control program will be in effect: • Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Aspen Highlands Base Village from 8:00am to 8:30am and from 2:50pm to 3:30pm. The exception to this will be scheduled concrete pours that are time -sensitive due to the quantity of concrete being placed or poured at one time. • A public notification process through the local papers will be established. Pitkin County has authorized a courtesy sign at the Maroon Creek/Hwy 82 intersection. • Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. • General Contractor acknowledges that County Road 19, McClain Flats Road, is posted for a 20-Ton Weight Limit. The General Contractor shall notify all contractors/sub-contractors 11111111111111111111111111111111111111 III 111111111 IN 423271 10/15/1298 03:53P SUB IMPR DAVIS SILV1 24 of 32 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO involved in this project with this information. The County shall strictly enforce the Weight Limit3 on thio road. • Sub -Contractors will be issued a limited number of parking permits for their workers. • General contractors will be required to provide a parking plan with their individual construction contracts. The General Contractor will contact local bike shops with notification relative to Maroon Creek Road. The General Contractor will have to enforce public safety issues relative to truck taffrc and interface with pedestrians & cyclists. • Contractors will be required to provide van-pooiing or car pooling programs as a part of their construction contract Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. • To the greatest extent possible raw materials will be stockpiied on site to try to consolidate deliveries of materials in larger quantities (for example gravel). • A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. • The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. • 'There will be no parking allowed on Maroon Creek Road or in the adjoining neighborhoods. • The Developer and the County may make reasonable changes in the hours restricting hauling activities, based upon changes in traffic loading on Maroon Creek Road and on seasonal activities in the area. The County reserves the right to stop all hauling or constrction activities on Maroon Creek Road for special events or activities (scheduled bike and/or road races, etc.). The County will give the Developer reasonable notice of the imposition of restrictions. • The Developer acknowledges that hauling activities to and from the jobsite are restricted to the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday. • The Contractor will make reasonable efforts to stage trucking activities on site to minimize empty loads to/from the jobsite. • Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriffs Office, the School Superintendent, the Pitkin County Director of Public Works and the Developer to review the construction season work program and address any concerns raised during the previous construction season. In addition to the above measures, Aspen Highlands Base Village will plan and implement the following programs: Fugitive Dust Control Plan • Dust control will be implemented from start to finish of each construction season until the project is complete. • Contractors will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. • Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust -laying equipment and methods as may be required. • To the greatest extent possible raw material deliveries to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. l 11111111111111111111111 Ilil IIII Illlil lIII 111111 II Ilil 423271 10/15/1998 03.33P SUB 11" 1 25 of 39 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Public Notification Plan If it becomes necessary to reroute tragic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detcur(s) at least twenty-four (24) hours in advance of the scheduled occurrence. All contractors will be required to notify public and/or private utility companies at least forty- eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. Notice will consist of the contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a locai newspaper or a public announcement on local radio, or any combination of these as may be appropriate. Noise Control for Construction Equipment • The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. • All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. 111111111111111111111111 IIII IIII IIIIIII III 1111111111111 423271 10/10/1998 03:53P SUB IMPR DAVIS SILVI 26 of 38 R 0.00 0 0.00 N 0.00 PITKIN COUNTY Ca During the peak season(s), Route i 1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at dill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each cir=sit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route Z is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. Service Plan Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. At the end of each of the first three years of operation AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3, Statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the levels service may be made. 1111111 I1111 Illill 111111111111111111111III illllll Il I111 423271 10/15/IM 03:33P Slid it" DAVIS SILVI 23 of 30 R 0.00 D 0.00 N 0.00 PMIN COUNTY CO .. _.__ ........ .... . Vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of t-do vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local mechanics in the Roaring Fork Valley. If necessary, another vans) will be rented if a van is out of service f or repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. Van 1111111111 HIM MIII lill 11111111111111111111111111 Exhibit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAROON CREEK ROAD DESCRIPTION BIKE PATHIENTR QUANTITY LANEAGE' UNIT UNIT COST TOTAL EXCAVATION 2,500 CY $ 5.00 S 15,000.00 314" ROADSASE 2,800 TCN $ 19.00 $ 53.200.00 HBP 2.200 TON S 45.00 S 99.000.00 RE T AINAGE 2,200 SF S 25.00 S 55.000.00 TRAFFIC CONTROL 1 LS $ 25,000.00 S 25,000.00 SIGNAGEISTRIPING 1 LS $ 5,000.00 S 5,000.00 SUBTOTAL $252,200.00 CONTINGENCY 15% S 37,830.00 TOTAL PRELIMINARY ESTIMATE S 290,030.00 This is an estimate for bike path and entry laneage only and no costs resulting from sewer improvements in Maroon Creek Road will be included in the costs. As proposed in the Aspen Highlands Village Application, $650,000 is committed to corridor improvements. All costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid out of the S650.000 no matter what the actual total ends up being. Any remaining funds could be allocated toward other suggested Improvements in the comdor or toward overlay improvements upon completion of the Aspen Highlands Village project. 111111111111111111111111111111111111111111 IN IN 1111 �23271 10/ 15/ 1995 03 : 53P SUB Il1TR DAY 30 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNT`! CO E-Jubit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAR90N DESCRIPTION ENTRY QUANTITY LANEAGE" UNIT UNIT COST TOTAL EXCAVATION 2,500 CY $ 6.00 S 15,000.00 3/4' ROADBASE 2,800 TON S 19.00 S 53,200.00 HBP 2,200 TON S 45.00 S 99,000.00 RETAINAGE 2,200 SF S 25.00 $ 55,000.00 TRAFFIC CONTROL 1 LS $25,000.00 $ 25,000.00 SIGNAGFJSTRIPING 1 LS $ 5,000.00 $ 5,000.00 SUBTOTAL 5252,200.00 CONTINGENCY 15% $ 37,330.00 TOTAL PRELIMINARY ESTIMATE S 290,030.00 This is an estimate for bike path and entry laneage only and no costs resulting from sewer improvements in Maroon Creek Road will be incwded in the costs. As proposed in the Aspen Highlands Village Application, $850,000 is committed to corridor improvements. All costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid out of the 5650,000 no matter what the actual total ends up being. Any remaining funds could be allocated toward other suggested improvements in the corridor or toward overlay improvements upon completion of the Aspen Highlands Village project. I loll{ tt{ll Itl11l lllllt Ill{ ltl{ Ittlttl 11 {Illl l 423271 10/15/19»d 03:"53P SM IMPR DAVIS lll 30 of 30 R 0.06 0 0.00 N 0.00 PITKIN COUNTY CO • June 8, 2004 Sarah Oates Community Development Department City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Willie Residences Aspen Highlands Village Hines Dear Sarah: This letter is written to provide an update on my meeting with Erica Delak, President of the Wille Residences Homeowners Association last week. The purpose of the meeting was to walk the property and to review the outstanding construction warranty matters. Additionally, I wanted to provide you with a response to some of the matters that were raised in the Public Hearing at the Council Meeting on May 25, 2004. June 3, 2004 Site Meeting: I met onsite with Erica Delak to walk the property and review specific construction warranty matters. Also in attendance at the meeting were Chief Building Official Stephen Kanipe, Building Inspector Erik Peltonen and homeowner Tim Reed. In review of the building systems it appears as though there are two major areas that need to be addressed, generally characterized as the site work and roof. Additionally there are some other items that need to be investigated. Site Work 1. During the installation of the landscaping and irrigation system it appears as that sprinkler heads were placed too close to the building. This condition can cause water to be unnecessarily introduced into the foundation system as well as cause splash against the structure. 2. There are eight concrete pads for wooden posts that may need to be repaired, replaced or modified in place. Post Office Box 5115 Aspen, Colorado 81612 (970) 920-1710 (970) 920-3955 FAX Sarah Oates June 8, 2004 Page 2 of 3 Roof System 1. In some of the upper units there appears to be some leakage that evidences itself in headers above the windows in the dormer sections of the roof. In the roof above these units there are snow guards that are surface mounted to the roof. 2. There are several of areas on the north face of the roof where snow and ice build up. These areas should be reviewed relative to the addition of heat tape. General Items 1. Since the completion of construction there have been some leaks in the interior of the units. Some of these were due to plumbing fixture leaks and have been corrected by the contractor as a part of the warranty. A couple of these leaks have been sporadic and the source has not been able to be determined. Further investigation will be required to try to determine the source. 2. There are some miscellaneous punch list items and warranty work on which the contractor has not followed through. 3. The Association has procured bids for the installation of a fence in the front of their residences. They are going to provide me with a copy of that bid for my information and review. At the conclusion of the meeting it was agreed that Erica Delak is going to provide me with a written summary of the correspondence with the contractor on the warranty matters. Due to the fact that this project is currently out of the warranty period, it will be very important to review the documentation of the warranty requests by the Association. At this point in time Erica is still pulling together that information. When it is provided, I will review the information and sit down with the contractor and the Association to try to come up with a work program to address the valid warranty items. May 25, 2004 Council Meeting: In the Council Meeting there were some items raised during the Public Comment segment. Below is an update on those items: The heating system has been repaired under the contractor warranty. This repair was done prior to this past winter and it appears that the system is functioning properly. As a part of the contract closeout with Sarah Oates June 8, 2004 Page 3 of 3 the contractor an extended warranty was obtained for the Association. This warranty is for 5 years and expires on November 30, 2006. 2. The heating system for Building 3 (Wille Residences) is served off of a joint boiler in conjunction with Building 5 (Maroon Creek Station). This system was a part of the original design and construction and provides efficiency for both buildings. There have been some challenges in metering the heat usage for the Wille Residences due to complexities association with the BTU meters for the project. The contractor and mechanical subcontractor have been working on this system and believe that the BTU meters are functioning properly in order to accurately measure the usage for the Wille Residences. There is a Central Plant agreement between the Associations for Maroon Creek Station and the Wille Residences that outlines the sharing of the boiler operational and capital expenses. In short it is based upon usage. During the period that the BTU meters were not properly functioning, the expenses are shared in accordance with the Central Plant Agreement on a prorata basis determined by building square footage. 3. There is some spawling of concrete on the steps and sidewalks that needs to be reviewed and addressed with the contractor. 4. My inspection did not reveal any outside wall warping due to poor design. There has been some movement (to be expected) in the wood veneer on a short stub wall at the front of the building. This does not appear to be structural in nature and can be easily repaired. 5. I discussed signage with homeowner Tim Reed relative to the traffic in front of these residences. I believe that this information provides you with an update of the matters that are associated with the Wille Residences at Aspen Highlands Village. Please feel free to contact me with any further questions or comments. Sincerely, FI �. C,4 /Z Robert E. Daniel, Jr. Vice President Hines Cc: Erica Delak, President — Wille Residences Homeowners Association • • Memorandum To: Mayor Klanderud and City Council From: Stephen Kanipe Date: June 14, 2004 Re: Wiley Homeowners — Highlands Affordable Housing Thursday June 3 a site visit was arranged with Erika DeLong, Tim Reed, Bob Daniels, Erik Peltonen and myself to investigate three specific building conditions that may compromise the safety and welfare of the building owners. The first, "our sidewalks and outdoor stairways are falling apart with huge chunks of concrete falling off' and second, "stairways have steps that are short, tall or too narrow creating dangerous walking conditions" are both illustrated by this picture: The top riser does not comply with required stair geometry that the difference in risers from the greatest to the least shall not exceed 3/8 inch. However, this stair was not reviewed for a permit nor inspected for compliance. The concrete spalling certainly exists and is an example of poor work quality. 0 The third issue, "structural beams and columns are crumbling with concrete falling off". This picture is of the entry porch column bases. s This base is typical of the column pads at the entrances to the units. A structural engineer should evaluate the necessity of repairs. Pagel of 2 3� • Helen Klanderud T r"xll L-V NKA '-rJ c...s From: "Timothy Reed" To: <helenk@ci.aspen.co.us> _ Sent: Tuesday, May 25, 2004 1:22 AM Dear Mayor Klanderud, Today you are going to decide whether or not the Hines Corporation has fulfilled its obligations in the development of the Aspen Highlands Project. If you decide that they have, they will receive the bond that has been held to ensure such completion. If you do not, they will not receive their bond and we, affordable housing homeowners, will have some hope of obtaining those things we have been looking for that the developer has refused to do. Those things include 1) a roof that does not fail with wet conditions - 7 units had a leaking roof this winter 2) a heating system that works in the winter - we were without heat for nine months and the flawed system was only repaired not retrofitted, or replace 3) we have no way of accurately measuring the heat we have used; as we share our boiler with building five (Maroon Creek Station) it is cial that we have an accurate measure 4) ur sidewalks and outdoor stairways are falling apart with huge unks of concrete falling off 5) he stairways have steps that are short, tall, or too narrow eating dangerous walking conditions tructural beams and columns are crumbling with concrete falling off water damage due to poor design has caused an outside wall to warp and pull away from the building. 8) safety features to help protect our children from traffic volume that exceeds 7 buses an hour including signs and a fence in front of our building (I attended a city council meeting to discuss this with my / daughter back in the winter). The Hines representative will most likely announce that every goal they set for their project has been met or is so close to completion that they should receive their bond. All we ask is that your preserve the only chance we as homeowners have of attaining housing that is safe, durable and of the same quality that you can find at the base of Shadow Mountain, Pitkin Iron, Snyder Park. We have fought many a battle that we should not have had to, most notably to get our heat for the winter. We know that the Hines Corporation will only do the right thing for us if they have incentive, ie. money. Please do not allow them to get off the hook. \ I would prefer to be in your presence expressing my concerns, but I have commitments that I am not able to re -schedule. Thank you for taking your time to read this. Please feel free to contact me with any questions or concerns. CO'Ac- '/�-(ca-m—'s 0-7 4)1 ["Ie 5/25/2004 Page 2 of 2 0 Sincerely, Timothy Reed, timsmassage@hotmail.com 970-618-5559 5/25/2004 MEMORANDUM 1% TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer!�� DATE: May 25, 2004 SUBJECT: Aspen Highlands Village PUD and Moore Family PUD Finding of Substantial Compliance -Subdivision Improvements Agreement Hines Highlands Limited Partnership has requested the City of Aspen make findings that the developer is in substantial compliance with the conditions of the Subdivision Improvements Agreement (SIA) for both Aspen Highlands Village and Moore Family PUDs. Attached please find a memorandum from the Transportation Department outlining a revised dial a ride program from what was initially approved (Exhibit A). Also attached is a memorandum from the Housing Authority summarizing the employee generation audit for the Aspen Highlands Village PUD (Exhibit B). Finally, staff has included the SIAs for both subdivisions. Other relevant referral departments have confirmed with the Community Development Department the SIA obligations have been met for both subdivisions (Exhibit Q. Staff recommends Council make a "Finding of Substantial Compliance" via Resolution ##Z' of 2004 with regards to the requirements of the Subdivision Improvements Agreement for both Aspen Highlands Village PUD and Moore Family PUD. CITY MANAGER'S COMMENTS: RESOLUTION NO. (Series 2004) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) FOR ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) AND MOORE FAMILY PLANNED UNIT (PUD) DEVELOPMENT WHEREAS, a request was received by the Community Development Department from the Hines Highlands LLC and Zoom Flume LLC for the City to confirm the developer's substantial compliance with the conditions of the SIAs for both Aspen Highlands Village PUD and Moore Family PUD; and WHEREAS, the request was forwarded to the City of Aspen Engineering, Parks, Housing, Transportation, Environmental Health and Water Departments and the Aspen Consolidated Sanitation District and any comments received from those departments are attached; and WHEREAS, during a public meeting on May 25, 2004, the City Council made finding of substantial compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: SECTION 1: The Aspen City Council does hereby find the Aspen Highlands PUD and the Moore Family PUD are in substantial compliance with the requirements of their respective Subdivision Improvements Agreement. APPROVED by the Aspen City Council as its regular meeting May 25, 2004. APPROVED by the City Council at its meeting of May 25, 2004. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Memorandum TO: Mayor and City Council THRU: Randy Ready, Assistant City Manager FROM: John D. Krueger DATE: April 19, 200 RE: Finding of Substantial Compliance — Aspen Highlands Village and Moore Family PUD Transportation Plan SUMMARY: Attached for your review and approval is a memo outlining the revised terms of the Transportation Plan contained in the Subdivision Improvement Agreements (SIA) for the Aspen Highlands Village PUD (AHV), the Moore Family PUD and other associated approval documents. This memo details the transportation requirements and staff finding as to compliance. After considerable review and negotiation, staff finds that the transportation requirements are in "substantial compliance" with the terms and conditions in the original agreement. City Staff is asking the Mayor and City Council to make a "Finding of Substantial Compliance" in regard to the transportation requirements and revised terms. PREVIOUS COUNCIL ACTION: Staff has previously provided the Council with updates on the progress on the various transportation requirements of these two developments. Council has previously met with representatives of Hines Highlands Limited Partnership (Hines) and the Aspen Highlands Commercial Metropolitan District (Metro District) to discuss the various transportation requirements of both developments. The majority of these requirements have been complied with. BACKGROUND: City Staff has been meeting and corresponding on a regular basis with representatives of Hines and the Metro District for the past two years to resolve the numerous and complicated transportation requirements in the many approval documents for the Aspen Highlands Village (AHV) and Moore Family PUD. The majority of these transportation requirements have been successfully resolved. The main requirement taking the most time to resolve and reach agreement on was the Dial A Ride service. The Dial A Ride service requirement is detailed in a three -page operations plan in Exhibit D of the SIA for the AHV. City Staff, Hines and the Metro Districts have now agreed upon a Dial A Ride service plan that is now in place that fulfills the requirement in the SIA. As the transportation requirements are numerous and contained in various documents, a summary is attached for your review. DISCUSSION: The Aspen Highlands Village and Moore Family Developments both have extensive transportation mitigation requirements associated with their approvals. These requirements were part of the original County approvals in 1998 and were inherited by the City upon annexation. City staff has been working with Hines and the Metro Districts to achieve compliance. The majority of the transportation requirements have been fulfilled. Until recently, staff, Hines and the Metro District have been unable to come to agreement on the requirement for Dial A Ride service to the developments. The SIAs contain a specific and detailed plan for the Dial A Ride Service that was unacceptable to Hines and the Metro District. After lengthy negotiation Hines and the Metro District have proposed and implemented a flexible demand responsive Dial A Ride service plan that is very different from the original Dial A Ride Plan. A copy of the revised detailed Transportation plan is attached as Exhibit 4. City Staff feels that while the proposed plan is different, it can meet the objectives of the original plan with some additional and revised conditions included in it. These conditions are listed in the Finding of Substantial Compliance under the Staff Findings. These additional/revised requirements relate to the Traffic, Transit and Parking Plan, the Dial A Ride Reporting, and the marketing and promotional efforts. FINANCIAL IMPLICATIONS: There are no financial implications for the City. The transportation requirements and their associated costs have been and will be borne by Hines and the Metro District. RECOMMENDATION: Staff recommends that the Aspen City Council make a "Finding of Substantial Compliance" with regard to the transportation requirements contained in the Subdivision Improvement Agreements for the Aspen Highlands Village PUD, the Moore Family PUD and other associated approval documents. The Finding of Substantial Compliance would be conditioned on the revised and additional requirements contained in this memo. ALTERNATIVES: City Council could decide against making a `Finding of Substantial Compliance" and require that Hines and the Metro District comply with the original transportation requirements as stated in the Subdivision Improvement Agreements for the Aspen Highlands Village PUD, the Moore Family PUD and other associated approval documents. . PROPOSED MOTION: I move to approve a Finding of Substantial Compliance for the revised Transportation Plan as specified in the attached memo for the Aspen Highlands Village and Moore Family PUDs. CITY MANAGER COMMENTS: Attachments: Exhibit 1 - Summary of Conditions of Approval and Staff Findings Exhibit 2 — Finding of Substantial Compliance Detail Exhibit 3 - SIA for AHV Exhibit A Exhibit 4 - SIA for AHV Exhibit D Exhibit 5 — Felsbura Holt & Ullevig Memo dated November 18, 2003 E:ZHIBIT 1 SJ�l'jN1ARY O A`SPORTATIOv CO\DITIONS O APPROVAL A'vD STAFF FINDINGS SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. Transportation Conditions of Approval Condition 8. RFTA Pavments-page 4 Olwner shall 1777pleMent the phas7.77g plan that clearly idew7 fees the ridership threshold on the existing Casile,rl�laroon Roaring Folk Transit Agency (RFTA) route that frill trigger a requirement for the o11�17er to make a payment to RFT_4 for the Purchase and operation of one Q) additional bus 077 the route. (See Exhibits "A " al7d "D') Condition 10. Traffic and Transit Parking Plan -page 4 The 011)17e7' Shall 7777plement a trgfj'iC/t7'a17sa11' W*iTlg 777017i101177g s)•'S1e177 plan, ivhich shall include 777eas-ures• to e17S117-e increased 777itigati071 actions if 777ondt017ng shoes that the 777itigatio77 is 170t adeg7.late. The 011,'17er shall ad777i17i.ster" the n7o17itorir7g plan thro7.lgh the c017clusior7 of Phase 4 of the consozlction, and.for three (3) years thereafter. A171771al reports shall be submitted to the C07777777.1f7it)/ Development Department for the Co7r77t)) tied RF7A 1•evielw. If traffic il77pacts exceed traffic pr(yections, additional; 177itiga/i0n 1'17 the form of llYalSit 177iligCltiOn 177c1)) be recuired The 1770177'107•i17; system shall address the follmi,ing issues: (a) if the hips generated by AHV exceed the p1•ojections contained in the `Revised Allaroon Creek. Corridor Detailed 7. l•al7spo7•tatioll PIC117 ", dated Februal-y 1997, so as to require 777iligatio17 for those addltiol7al7777pacts, the add7t1onc7l 177itigatiol7 required by the Oivner 77771st be approved by the BOCC based upon the reconm7endations of the Pitkin Count): C017717ru17it)' DeVC101)177ent Depa7"1777ent and an)) Cippropricae 1'efe7ral age17C' (e.g. RFTA and 1'07" Pitkin C07177ty e17gi77ee7"i17g Depar"1177e77t. (b) If the trips generated are loner than the pr0jectio17s contained in the `Revised Maro077 Creek Corridor Detailed T7'al7sp07'1ati077 Plan " clated Februag, 12997, the O1a,77er shall be entitled to suggest c1 reduction in the traffic mitigation prog1•ams Then being f7.lnded Such reduction shall be based upo77 a finding by the BOCC that the reduction is cppropriate: provided however that the 014'77er shall not be el7titled to a refund for a77y portion Of Its 711/I'clsll'llctll7"e d077at7on described in Pa7ragl•clph 17 beloiv. Staff Finding Compliance- The 0,,vner (HIKES HIGHLANDS LI_MITED P:ARTti-ERSHIP ) has fulfilled this condition of approval. Compliance with Additional conditions- Monitoring and reporting will be continued through June 2008. Any changes to the transportation plan after June 2008 will require reinstatement of the monitoring and reporting system. EXHIBIT 1 SUNLMARY1 O4ANSPORTATION CONDITIONS O kPPRO VAI, ANT) STAFF FINDINGS Condition 13. Dial -A -Ride -page 5 D)+,ner- crb •ees to inzple7nerat a "Rey-ised Asperr Highlands b'illage Castle/Maroon and Dial -a -Ride Service Plan " cis sei forth in the detailed plan attached hereto as Exhzbrt "D", the costs of r+-hich are set forth In Exhibit 'A". Exhibits A &:.D are attached Condition 13.1 Exhibit .D Dial A Ride Retorting Per Exhibit D of the SIA for AHV, annual reporting for the Dial A Ride service is required. 773e report shall include: I. Statistics regarding ridership for the previous);ear; ?. Instances irrvolvir7g slandee.s• crud mis.ved trips, 0r /rips requested but not provided; and 3. Statistics accidents crud r-oadvide calls. Substantial Compliance with additional conditions -The Dial. A. Ride system. must continue to operate as specified and agreed to in the staff memo and mirror that of the plan described in the Felsburg Holt R Ullevig memo dated November 18, 2003. If the Dial A Ride system does not accurately reflect the agreed to system, then the original requirements in the SIA Exhibit D must be met. Any changes to the base level Dial A Ride service must be approved by staff. Compliance with additional conditions -Quarterly reporting will be required on an ongoing basis. E EXHIBIT 1 SUAINIAR`x' OF 1NSPORTATION CONDITIO`:S O 'PPROVAL _AND STAFF FINDINGS SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY Transportation Conditions of Approval Condition 8. Bus Stop Shelters page 3 011'77e7- ao -ees to install or gllarantees installation of ti+o (2) bus stop shelters cis set forth irr the General Submission approval (attached to the Resolution) in the location(s) approved by the corrtrty and RFTA The 011`17er shall desiprr such shelters acceptable to RFT4. Condition 2. Dial -A -Ride page 4 01VTer agrees to implement c117 " 012 Demand Dial-cr-Ride T ransil Seri)ice Plan " as se[ forth in the detailed plan attached hereto cts Exhibit "H " and nzctde, a part hereof (hereafter " Otz Demand Dial-ct- Ride Transit,Sel-Oce Plan'). BOCC Resolution No. 97-167 (09/30/98) Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval to the Aspen Highlands Village PUD Transportation Conditions of Approval Conditions G — 13 Traj fie/Transit/Trarzsprirtation/Farkinn pope 4 REVISED MAROON CREEK CORRIDOR DETAILED TRANSPORTATION PLAN -Prepared by: Felsburg Holt & Ullevig - February 1997 'Transportation Conditions of Approval Condition 8.0 Summary Of Proposed Mitigation page 24 There will be a continuing effort through promotional materials and. newsletters to encourage the use of alternative transportation by residents, guests and skiers. Staff Finding Compliance- The owner has met this obligation by making payment to the City in the amount of S 16,000 for the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between the City of Aspen and ZOOM FLUME LLC dated January 14, 2002. Substantial Compliance with additional conditions -same as for AHV above Compliance -the same general requirements as in the general Compliance-with additional conditions 3 P5 P5 0 0 EXHIBIT 2 FINDING OF SUBSTANTIAL C017PLIANCE DETAIL I. SIA FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. 10/15/98 Transportation Conditions of Approval Condition 8. RFTA Payments -page 4 Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing CastlelAlfaroon Roaring Fork Transit Agency (RFTA) route that will 17"igger a requirement for the oii)ner to make a payment to RFTA f67• the purchase and operation of one (1) additional bus on the 7•07,7te. (See Exhibits `A " and "D') Staff Finding - Compliance The Owner (HINES HIGHLANDS LIMITED PARTNERSHIP) has fulfilled this condition of approval. The owner has made payment in full to the City of Aspen for the purchase of one (1) additional bus to be used on the Direct Maroon Creek Road route. Payment for the bus was made to the City on September 15, 2002. The new bus began operating on the Direct Maroon Creek Road route beginning in December 2002. This is a change to the original requirement in Exhibit D of the SIA for AHV. Exhibit D specified that the additional bus should operate on the Castle/Maroon route. The developer, Metro Districts and City staff agreed to change the route to operate directly from Rubey Park to the Aspen Highlands Village. The bus operates on 30-minute headways from Rubey Park. The service provides five trips per hour on the route. The winter hours of operation currently are 0530 am until 12:00 midnight seven days a week during the ski season. The Direct Maroon Creek Road service during the winter season is an ongoing annual obligation for the Metro Districts. The Aspen Highlands Metro District (AIEVID) will continue to compensate the City of Aspen for bus service operated by RFTA on the Direct Maroon Creek Road route during the winter season lasting approximately 130 days. The service began on November 28, 2002 and will operate every year. Payment for the service will be made to the City of Aspen on a monthly basis. An annual Service Agreement between the City of Aspen and the AH1vID for winter service was entered into by both parties and approved by Aspen City Council on October 22, 2002. The contract is automatically renewed every year. Condition 10. Traffic and Transit Parking Plan -page 4 The owner shall implement a traffic/transit/parking monitoring system plan, which shall include measures to ensure increased nzifigati077 actions if monitoring shows that the mitigation is not adequate. The oi4�ner shall administer the monitoring plan through the conclusion of Phase 4 of the c07?st7'uction, and fo7• three (3) years thereafter. Annual 7•epo71s shall be submitted to the Community Development Department for the County and RFTA revieia)..If t7-affic iMpacts exceed traffic projections, additional; mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the `Revised Maroon Creek Corridor Detailed Transportation Plan ", dated February 1997, so as to require 777itigation for those additional impacts, the additional 777itigation required by the Oivner roust be approved by the BOCC based upon the rec0777mendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and /or Pitkin County engineering Department. (b) If the trips generated are lower than the projections contained in the `Revised Maroon Creek Corridor- Detailed Transportation Plan" dated February, 12997, the Owner shall be entitled to suggest a reduction in the traffic 777itigation programs then being funded. Such reduction shall be based upon a finding by the BOCC that the reduction is appropriate: provided however that the Owner shall not be entitled to a refrnd for any Portion of its infrastructure donation described in Paragraph 17 below. Staff Finding - Compliance Hines and the Metro Districts have agreed to provide the traffic/transit/parking monitoring system plan as prescribed in the SIA for Aspen Highlands Village through June 2008. Staff finds this acceptable with the caveat that the reports be submitted no later than 60 days after the ski season as required in the 1997 Aspen Highlands Ski Area Master Plan and that the reports meet or exceed the data collected and reported in previous reports as required in approval documents. Hines and the Metro Districts also understand, that no significant changes to the transportation plan can be made until a monitoring and reporting system is reinstated and adequate data is collected over an adequate period of time so that staff can make informed decisions about the adequacy of the service any proposed changes can properly be evaluated. Condition 13. Dial -A -Ride -page 5 Owner agrees to implement a "Revised Aspen Highlands Village Castle/Maroon and Dial -a - Ride Service Plan " as set forth in the detailed plan attached hereto as Exhibit "D ", the costs of ivhich are set forth in Exhibit "A ". Exhibits A & D are attached Staff Finding — Substantial Compliance The Dial A Ride service is an integral part of the approved and agreed to transportation plan contained in the SIA and various other approval documents for Aspen Highlands Village. The Dial A Ride service is considered an on -going service to be provided in perpetuity to serve the residents of the developments. The developer has proposed and is operating a Dial A Ride that is significantly different from the detailed and comprehensive plan contained in Exhibit D as a condition of approval and as agreed to in the SIA. While different, staff feels that it meets or exceeds the requirements in Exhibit D of the SIA A copy of the Aspen Highlands Transportation Plan by Felsburg Holt & Ullevig dated November 17, 2003 is attached as Exhibit 1. The Transportation Plan contained in this document is P7 P7 • considered as the basis of the Dial A Ride service plan. City staff agrees that the flexible demand responsive service Dial A Ride plan in place and currently operating as part of the Transportation Plan is that meets the intent of the fixed schedule Dial A Ride plan in Exhibit D of the SIA. The currently operated Dial A Ride plan establishes the "base level of service," for Dial A Ride. This base level of service has and will continue to be sustained and funded by the Districts into the future. EXCERPT FROM FELSBURG HOLT & ULLEVIG MEMORANDUM - November 17, 2003 Dial -a -Ride Services In order to comply with the spirit and intent of the SIA - Exhibit D, a comprehensive Dial -a -Ride service program is currently in place and operating 365 days per year. Table 1 provides detailed information about the three components that make up the program. The following outline provides an overview of the current program: Table 1. Dial -a -Ride Services Services AHVMD Service Ritz Carlton Club Amenities Association Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands Village and Five Trees Residents and Guests Village Free -Market Residents and Guests Residences — Residential Guests Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM (20.5 Hours) (16.5 Hours) 365 Days per Year 365 Days per Year 365 Days per year Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association Village Metropolitan and Joshua & Company District and High Mountain Taxi Number and Type of 37 Taxi Vehicles 4 — Suburbans 2 — Suburbans Vehicles (7 Passenger) (7 Passenger) 2 — Turtle Top Vans 1 — Tahoe (14 Passengers) (5 Passengers) Headways Demand Responsive Demand Responsive Demand Responsive (No Set Headways) (No Set Headways) (No Set Headways) Service Area Aspen Downtown Core Aspen Downtown Core Aspen Downtown Core and Aspen/ Pitkin and Aspen/Pitkin County and Aspen/ Pitkin County Airport Airport County Airport Summary of Current Services • Hours of Operation: Between 20.5 and 24 hours per day, 365 days a year. Number of Vehicles: 2 — Turtle Top Vans (14 passengers each) 5 — Suburbans (7 passengers each) I — Tahoe (5 passenger) - recently added to the fleet in response to increased demand 37 —High Mountain Taxi vehicles • Headways: Currently the entire system is run as an on -demand service with no specific headways. The areas serviced are to and from the downtown core including points in between and to and from the Aspen/Pitkin County Airport. Service Provided: Building upon the extensive fixed route mass transit component at Aspen Highlands, the initial Dial -a -Ride service is operating as an on -demand system. This system was established to respond to the varying requirements of guests, visitors and residents. It has the capacity to grow with demand without typical delays due to vehicle limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix has been expanded to meet increasing demand. The AHV Dial -a -Ride system is comprised of three overlapping services. All residents and guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is supplemented for the Tourist Accommodation Units and the AHV Free -Market Residential Units. The system can be described in the following manner: All Units in AHV and Five Trees — On -demand service available from 5:30 am until 2:00 am, 7 days a week to the Airport and downtown Aspen. This service is contracted through High Mountain Taxi. High Mountain Taxi was selected because they are a recognized provider of transit services by RFTA, they have handicap accessible vehicles available for use upon request and they have the dispatch and fleet necessary to meet both present and future needs of the Dial -A -Ride program. Tourist Accommodation Units — On -demand service available 24 hours a day, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 14 passenger Turtle Top vans and three 7 passenger Suburbans. • Free -Market Residential Units in AHV — On -demand service available from 6:00 am until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe. In summary, the AHV transportation system provides a flexible and convenient response to the mobility needs of residents and guests. It exceeds the service requirements and the number of vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and varied desires for moving to downtown Aspen and the airport. III. AN ORGANIZATIONAL CHART INDICATING INZANAGER AND PERSONNEL TO PROVIDE SERVICES The Aspen Highlands Metropolitan District is responsible for management and assuring the service of the Dial -a -Ride program for AHV and Five Trees (see Figure 1). The manager of the District is Beach Resource Management, LLC. High Mountain Taxi provides the Dial -a -Ride for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. The Dial -a -Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a part of their overall management of the Association responsible for these units. The Dial -a -Ride service for the Free -Market Residential Units at AHV is provided by Joshua & Company as a part of their overall management of the Amenities Association responsible for these units. The District manages the providers of the services listed above; Joshua & Company, the Ritz Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the responsibility of the District to assure that any gaps in service are filled immediately. The District has specifically taken on this responsibility as a part of the Service Plan for the District. Condition 13.1 Exhibit D Dial A Ride Reporting Per Exhibit D of the AHV SIA, annual reporting for the Dial A Ride service is required. The report shall include.- 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3. Statistics regarding accidents and roadside calls. Staff Finding — Compliance Because the new Dial A Ride service plan varies so dramatically from the original plan in the SIA, ongoing monitoring and reporting is required. The monitoring and reporting will comply with the requirements in the SIA. The reports will be submitted on a quarterly basis to the City of Aspen Transportation Department. The reports will be due within 60 days of the end of the quarter. The first report will be for the first quarter of 2004 and will be due May 31, 2004. The due dates for the quarterly reports for each year are as follows: Quarter 1 May 31 Quarter 2 August 31 Quarter 3 November 31 Quarter 4 February 31 P 1 0 P 1 0 H. SIA FOR MOORE FAMILY PUD, A PLANNED COMMUNITY-08/04/98 Transportation Conditions of Approval Condition 8. Bus Stop Shelters page 3 Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the count)) and RFTA. The owner shall design such shelters acceptable to RFTA Staff Finding- Compliance The owner has met this obligation by making payment to the City in the amount of S 16,000 for the installation of one bus stop and/or shelter as stated in the Letter of Agreement made between the City of Aspen and ZOOM FLUME LLC dated January 14, 2002. Condition 2. Dial -A -Ride page 4 Owner ao ,ees to implement an "On Demand Dial -a -Ride Transit Service Plan " as set forth in the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "On Demand Dial -a -Ride Transit Service Plan'). Staff Finding — Compliance The Condition for the Moore Family PUD is the same as for the Aspen Highlands Village and the compliance with this condition of approval is the same. III. BOCC Resolution No. 97-167 (09/30/98) Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval to the Aspen Highlands Village PUD Transportation Conditions of Approval Conditions 6 - 13 Traffic/Ti-ansit/Tiansportation/Parking page 4 Staff Finding — Compliance Staff finds that transportation conditions 6- 13 of Resolution No. 96-167 are in compliance. IV. REVISED MAROON CREEK CORRIDOR DETAILED TRANSPORTATION PLAN -Prepared by: Felsburg Holt & tillevig February 1997 Transportation Conditions of Approval 8.0 Summary Of Proposed Mitigation page 24 There will be a continuing effort through promotional materials and newsletters to encourage the use of alternative transportation by residents, guests and skiers. P 1 1 P 1 1 • 0 Staff Finding — Compliance Staff finds this condition to be in compliance with the caveat that the following be continued every year: 1. Creation of an annual marketing plan and budget to be approved by the Districts Boards 2. District staff to meet at least once with City Transportation Department Staff at least annually before the start of the winter season to discuss the marketing plan 3. Regularly attend meetings of the Transportation Options Program (TOP) 4. Display TOP information at the Post Office, visitor's desk and on the AHV website and to update this information on a regular basis. The City will make its Transportation Coordinator available to assist with marketing and public information efforts. The district also may choose to enter into a mutually -agreed upon marketing and funding agreement with City Transportation Staff to perform all or part of the marketing and promotional activities in the service marketing plan. Other Transportation Requirements and Conditions of Approval All other conditions and requirements of the SIA and other Transportation commitments in other approval documents will remain in place and in force. Non -Compliance with Existing or Revised Transportation Plan Requirements The service, monitoring, reporting, marketing and promotional term revisions as outlined in this memo are acceptable, as long as the districts remain in substantial compliance with the non - revised and revised provisions of the SIA. 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'JCT Ja:: JL:Z �aSec Vit S=r-;� C? _.> as---a1--d ...0 be S L? 7 , 00 c = a_ year. Ja:+ III111111111111111111111111111 i�11 ill 111111111111 42..271 .8 / 1.. / 14�8 �3 23of 000Z.U4Z.-M?TTK:NG'.XT76 P 1 6 P 1 6 l_ I:, I._ E V .0 G 7."i November 17, 2003 MEMORANDUM TO: Robert E. Daniel, Jr. FROM: David E. Hattan, P.E. SUBJECT: Aspen Highlands Transportation Plan PROJECT: Aspen Highlands Village FHU # 03-144 We have prepared the following memorandum for the Aspen Highlands Transportation Plan based on information provided by Hines Highlands Limited Partnership and Aspen Highlands Metropolitan District. These data were compared with the analysis procedures developed for the Revised Maroon Creek Corridor Detailed Transportation Plan, Felsburg Holt & Ullevig, February 1997, INTRODUCTION As part of the final approvals for the Aspen Highlands Village and Moore Planned Unit Developments, numerous transportation studies and plans were developed. The final transportation plan is summarized in the Revised Maroon Creek Corridor Detailed Transportation Plan. The plan called for a transportation system to and from Aspen Highlands Village and Five Trees that would have multiple components to meet the anticipated needs of the guests, visitors and residents of the Village. The goal of the transportation system is to reduce automobile use and to specifically reduce the number of vehicles going to downtown Aspen and the airport. Since the start of construction of the Aspen Highlands Village Planned Unit Development (AHV), a number of steps have been taken to implement a transportation system that truly provides alternatives to the automobile for residents and guests. In accordance with Exhibit D of the Subdivision Improvements Agreement for AHV, these steps have included funding the purchase of a transit bus for the Roaring Fork Transit Authority (RFTA) for use on the Castle/Maroon route which serves AHV. A shuttle service between AHV and Buttermilk is provided for skiers and employees during the winter. As detailed in later sections of this discussion, these services are frequent and effective in serving fixed schedule demands. PP1177 ! 0 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 2 In order to encourage use of the transit system that serves Aspen Highlands, the Aspen Skiing Company, the Ritz Carlton Club, the Aspen Highlands Metropolitan District and the Aspen Highlands Parking and Loading Dock Association (PLDA) all provide either free bus passes or subsidized passes to their employees. The Ritz, the District and the PLDA provide fully subsidized passes for their employees due to the lack of parking at Aspen Highlands at a combined cost of approximately $74,000 annually. The Skiing Company provides a 75% subsidy for bus passes to their employees and during ski season it is estimated that 75 of their employees purchase the subsidized passes while another 60 employees ride the bus at their own cost. The subsidy approximates $22,500 during the ski season. Another part of the commitments made by AHV involves providing a Dial -a -Ride transit service. The service is described as follows in Exhibit D: Dial -A -Ride Plan The Moore PUD (Five Tree) and Aspen Highlands Village will join together to operate a dial -a -ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door-to-door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan and describe the vehicles to be used. Some operations details will be finalized when the service has been established. Operations Plan The system will be operated in a flexible manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. The section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated with two vans when the developments start to be occupied in approximately the year 2000. The fleet of vehicles and service may be expanded as the developments grow.... Vans will operate on a fixed schedule with pick-ups in the center of Aspen every one-half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD, the vans will drop off and pick up passengers at their origin or destination. During the off- peak seasons services will be reduced to match demand, During the peak season(s), Route #1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route #2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 3 Service Plan Prior to the initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should be run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. As noted in Exhibit D, the AHV transportation system should provide a flexible and convenient response to the mobility demands that vary depending on the day of the week, season of the year, and growth in demand. The many elements of the existing transportation system meet and in some instances exceed the requirements of Exhibit D, thereby making it unnecessary for many residents and guests to use private or rental automobiles. Trip logs, trip ticket data, and anecdotal evidence bears out the fact that many people use the Dial -a -Ride system to get to and from the airport and either RFTA scheduled buses or Dial -a -Ride to travel to and from downtown Aspen. The purpose of this memo is to explain in detail how the current AHV transportation system meets (and in some ways exceeds) the requirements of Exhibit D of the Subdivision Improvements Agreement and to also provide a Service Plan for the Dial -a -Ride system that addresses the specific requirements of Exhibit D. Once this Service Plan is formally adopted, there will be an enhanced monitoring structure implemented to determine the effectiveness of the Dial -a -Ride program along with the other transportation programs at Aspen Highlands. ESTIMATE OF DEMAND Demand for transportation services is created by the residents and guests of AHV. The following table is a comparison of the ultimate mix of residential types at AHV and Five Trees and the current status of occupancy of these units. Ultimate resident population at full occupancy is also provided. (The ultimate development information has been taken from following documents which are the basis for approval of these developments by Pitkin County: Aspen Highlands Village Detailed Submission — Consolidated Plan, September 1997 and Moore Family PUD Detailed Submission — Consolidated Plan, 1997) P P 1 1 9 9 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 4 The mix of units at AHV is: Ultimate Currently Occupied Free Market Single Family Homes 31 7 Free Market Townhomes 31 10 Tourist Accommodation Units 73 73 Affordable Housing Units 112 112 Total 247 202 (82% of ultimate) The mix of units at Five Trees (previously known as the Moore Family PUD) is: Ultimate Currently Occupied Free Market Single Family Homes 40 11 Affordable Housing Units 31 31 Total 71 42 (59% of ultimate) The projected population mix at AHV (assuming 100% occupancy) will be: Ultimate Currently Occupied Free Market Units 244 67 Affordable Housing Units 267 267 Tourist Accommodation Units 203 203 Total 714 537 Similarly, the ultimate projected population mix at Five Trees (assuming 100% occupancy) will be: Ultimate Currently Occupied Free Market Units 160 44 Affordable Housing Units 95 95 Total 255 139 Table B-3 of the Revised Maroon Creek Corridor Detailed Transportation Plan calculates that the guests and residents of the Aspen Highlands Village should generate 347 person trips per day at ultimate build -out. Likewise, Table B-6 shows that Five Trees should generate 113 person trips per day. This is a total of 460 person trips per day for both developments combined. Although limited statistics have been kept concerning ridership on the three components of the AHV Dial -a -Ride system to date, existing ridership appears to be very close to meeting the goals that were outlined in the Revised Maroon Creek Corridor Detailed Transportation Plan. Based on the current occupancy of residences, the Dial -a -Ride system should average approximately 340 person -trips per day at 100 percent occupancy of all housing units. This estimate of the current ridership goal has been calculated utilizing the same methodology and spreadsheets that was used previously for the 1997 report. A copy of the updated spreadsheets is provided in Appendix A. March is the peak month of the year for skiing -related activity and occupancy would be the highest. Ridership calculations for March 2003 (see Appendix A) show that approximately 328 person trips per day were using the Dial -a -Ride system. The best available information concerning current ridership statistics is also provided in Appendix A. This comparison shows that the Dial -a -Ride system is very close to achieving anticipated capture rates. As discussed in a following section, more detailed ridership information will be available in the future as a part of the comprehensive monitoring program. P 220 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 5 DESCRIPTION OF SPECIFIC SERVICES INCLUDING THE NUMBER OF VEHICLES, SPARES, HOURS OF OPERATIONS AND HEADWAYS In order to develop an appropriate Service Plan for Dial -a -Ride services, it is necessary to first acknowledge the different use patterns and the available fixed route transportation alternatives that currently exist for AHV and Five Trees residents and guests. Throughout the year, there is extensive fixed route bus service that is primarily oriented to the downtown area of Aspen. Additional services to other ski areas are provided to accommodate skier needs Fixed Route Services during the Ski Season During the ski season, Aspen Highlands is the focus of a number of free, fixed route bus services that are provided for both skiers and residents. Including the Skier Shuttle buses run by RFTA, regular buses, and the new dedicated Aspen Highlands bus, there are nine buses per hour arriving and departing Aspen Highlands between the hours of 8:00 am and 4:30 pm. All of these buses are free to the rider. With an average capacity of 35 seats per bus, this equates to 315 seats per hour arriving and departing Aspen Highlands during these times. On a daily basis, this equates to an ability to carry more than 2,680 passengers during the peak period (8.5 hours) of the day. Specific routes and service levels include the following: • The dedicated Ruby Park/Highlands bus runs from 5:45 am until midnight on 30 minute headways. • RFTA skier shuttle buses run from 8:00 am until 4:30 pm on 15 minute headways. • The Castle/Maroon bus runs from 6 am until 2:30 am on 20 minute headways. • The Buttermilk Shuttle Provides transportation for employees and skiers on an on -demand basis. It operates from 7 am until 4:30 pm on 15-20 minute headways, all seven days per week throughout the ski season. Once ski season ends the bus schedule is reduced appropriately. • Total estimated capacity (not including the Buttermilk Shuttle) during ski season exceeds 4,585 passenger seats per day on the fixed mass transit system. To put this fixed route transit service into perspective, during Ski Season there are 2,680 free bus seats arriving and departing Aspen Highlands (just in the 8am to 4:30pm timeframe). This number is almost a four -times multiple of the current maximum occupancy figure (676), and a 2.75 times multiple of projected full occupancy (969). P 2 1 P 2 1 • • November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 6 Fixed Route Services during the Summer Season Between the regular buses and the new dedicated Aspen Highlands bus, there are 5 buses per hour arriving and departing Aspen Highlands between the hours of 9:00 am and 5:00 pm. All of these buses are free to the rider. With an average capacity of 35 seats per bus, this equates to 175 seats per hour arriving and departing Aspen Highlands during these times. • The dedicated Ruby Park/Highlands bus runs from 5A5 am until 10:00 pm on 30 minute headways. • The Castle/Maroon bus runs from 6:20 am until 2:00 am on 20 minute headways. The Fixed route transit services are intended for visitors and skiers as well as residents. The Dial - a -Ride system is a supplement to these larger fixed route services for the added convenience of residents and guests. Dial -a -Ride Services Dial -a -Ride is a common term for demand -responsive transit service which can be provided in many formats. The initial Dial -a -Ride service described in Exhibit D called service between many pick-up locations in AHV and Five Trees and three checkpoints (stops) in downtown Aspen. As also noted in Exhibit D, initial service was to be provided by two vans on a fixed route through downtown every half hour. On -call taxi service is representative of more intensive Dial -a -Ride service with its "many -to -many" characteristics and generally short response time (the wait between the phone call requesting pick-up and vehicle arrival). Recognizing that the fixed route system and schedule has an impact on any other alternative modes of transportation, the current Dial -a -Ride service at AHV and Five Trees has been specifically structured to fully complement the extensive fixed route capacity to and from Aspen Highlands. In developing the existing Dial -a -Ride program, the three overlapping entities (as explained in the following organizational section) involved in providing service determined that the service described in Exhibit D represents a duplication and overlap of the extensive fixed route service already being provided to and from downtown Aspen. The AHV Dial -a -Ride system has been structured to provide convenient "many -to -many" service. In order to comply with the spirit and intent of the SIA - Exhibit D, a comprehensive Dial -a -Ride service program is currently in place and operating 365 days per year. Table 1 provides detailed information about the three components that make up the program. The following outline provides an overview of the current program: P 2 2 P 2 2 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 7 Table 1. Dial -a -Ride Services Services I AHVMD Service Ritz Carlton Club Amenities Association Rider Eligibility All Aspen Highlands Ritz Carlton Club, Aspen Highlands Village and Five Residents and Guests Village Free -Market Trees Residents and Residences — Guests Residential Guests Hours of Operation 5:30 AM to 2:00 AM 24 Hours per Day 6:00 AM to 10:30 PM (20.5 Hours) (16.5 Hours) 365 Days per Year 365 Days per Year 365 Days per year Services Provided By Aspen Highlands Ritz Carlton Club Amenities Association Village Metropolitan and Joshua & District and High Company Mountain Taxi Number and Type of 37 Taxi Vehicles 4 — Suburbans 2 — Suburbans Vehicles (7 Passenger) (7 Passenger) 2 — Turtle Top Vans 1 — Tahoe (14 Passengers) ( 5 Passengers) Headways Demand Responsive Demand Responsive Demand Responsive (No Set Headways) (No Set Headways) (No Set Headways) Service Area Aspen Downtown Aspen Downtown Core Aspen Downtown Core and Aspen/ and Aspen/Pitkin Core and Aspen/ Pitkin County Airport County Airport Pitkin County Airport Summary of Current Services • Hours of Operation: Between 20.5 and 24 hours per day, 365 days a year. Number of Vehicles: 2 — Turtle Top Vans (14 passengers each) 5 — Suburbans (7 passengers each) 1 — Tahoe (5 passenger) - recently added to the fleet in response to increased demand 37 — High Mountain Taxi vehicles P 2 3 P 2 3 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 8 • Headways: Currently the entire system is run as an on -demand service with no specific headways. The areas serviced are to and from the downtown core including points in between and to and from the Aspen/Pitkin County Airport. Service Provided: Building upon the extensive fixed route mass transit component at Aspen Highlands, the initial Dial -a -Ride service is operating as an on -demand system. This system was established to respond to the varying requirements of guests, visitors and residents. It has the capacity to grow with demand without typical delays due to vehicle limitations. As evidenced by the recent purchase of the Tahoe, the vehicle fleet and mix has been expanded to meet increasing demand. The AHV Dial -a -Ride system is comprised of three overlapping services. All residents and guests at AHV and Five Trees have basic service provided through High Mountain Taxi. This service is supplemented for the Tourist Accommodation Units and the AHV Free -Market Residential Units. The system can be described in the following manner: All Units in AHV and Five Trees — On -demand service available from 5:30 am until 2:00 am, 7 days a week to the Airport and downtown Aspen. This service is contracted through High Mountain Taxi. High Mountain Taxi was selected because they are a recognized provider of transit services by RFTA, they have handicap accessible vehicles available for use upon request and they have the dispatch and fleet necessary to meet both present and future needs of the Dial -A -Ride program. • Tourist Accommodation Units — On -demand service available 24 hours a day, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 14 passenger Turtle Top vans and three 7 passenger Suburbans. • Free -Market Residential Units in AHV — On -demand service available from 6:00 am until 10:30 pm, 7 days a week to and from the Airport and downtown Aspen. This service is provided by two 7 passenger Suburbans and one 5 passenger Tahoe. In summary, the AHV transportation system provides a flexible and convenient response to the mobility needs of residents and guests. It exceeds the service requirements and the number of vehicles outlined in Exhibit D of the SIA and better accommodates patrons' individual and varied desires for moving to downtown Aspen and the airport. Costs to provide the total Dial -a -Ride service are approximately $$44,100 per month or almost $530,000 per year (see Appendix A). This amount greatly exceeds the amount contemplated when Exhibit D was signed. P 2 4 P 2 4 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 9 III. AN ORGANIZATIONAL CHART INDICATING MANAGER AND PERSONNEL TO PROVIDE SERVICES The Aspen Highlands Metropolitan District is responsible for management and assuring the service of the Dial -a -Ride program for AHV and Five Trees (see Figure 1). The manager of the District is Beach Resource Management, LLC. High Mountain Taxi provides the Dial -a -Ride for All Units at AHV and Five Trees through a contract with the Aspen Highlands Commercial Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. The Dial -a -Ride service for the Tourist Accommodation Units is provided by The Ritz Carlton as a part of their overall management of the Association responsible for these units. The Dial -a -Ride service for the Free -Market Residential Units at AHV is provided by Joshua & Company as a part of their overall management of the Amenities Association responsible for these units. The District manages the providers of the services listed above; Joshua & Company, the Ritz Carlton and High Mountain Taxi. In the event that the services change or are altered, it is the responsibility of the District to assure that any gaps in service are filled immediately. The District has specifically taken on this responsibility as a part of the Service Plan for the District. IV. SERVICE MARKETING PLAN Services are marketed to residents and guests using several methods. During the sale of all units within Aspen Highlands Village, prospective owners are advised of the transit options available to them. Following the sale of all units, residents and guests are advised through a community website and quarterly newsletters of these services and their hours of operation; through periodic meetings; and through updates mailed to residents. Appendix B shows typical examples of the newsletter and website information concerning the available Dial -a -Ride services. In addition, written materials are available at the community post office and at the Maroon Creek Station. Samples of these printed materials available are shown in Figure 2. The Ritz Carlton and Joshua & Company also advise their guests of the availability of these services at the time reservations are made. Guests are also advised that there is no need to rent a car during their holiday stay, as several alternatives are available to them (including shuttles, vans, taxis and bus service). Guests, residents and day skiers appear to have embraced this message as the use of these services is close to meeting forecasts. P 2 5 P 2 5 A s p a n I i a h I,a n d s 'V j.....i. a g e D a. ADDITIONAL SERVICE _-G'-121Q'� ���'V1L �� ; or � R i Jn%ial C;ni' j Manager & Provider: Manager: I n:. -"itz Cc. it Jn an e n Ties A c.at n Provider: Figure 1 Organization Chart P 2265 l- 4 FP2277 November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 12 In order to continue the past and current success of the transportation system, there needs to be continuing efforts to provide more information to Aspen Highlands Village guests and residents. This is an ongoing process of refining and enhancing the message about alternative transportation. Upon approval of this Service Plan, the Aspen Highlands Metropolitan District will enter into a marketing agreement with the City of Aspen Transportation Department to assist in the marketing of the various transportation options available at Aspen Highlands Village. Recently the Metro District has increased the level of information that is provided to residents and visitors which has increased their awareness of current services. This awareness has been gained through increased use of promotional materials, a change in the website format and description, notices placed on residential doors within Aspen Highlands Village, and completed phone surveys on transportation alternatives to determine use and utility of services offered. The District is considering establishing a yearly budget for marketing that would allow continued printing of brochures and door hangers as well as including reminders about the available Dial-2-Ride services in each edition of the newsletters. The District participates in the Transportation Options Program and attends bi-monthly TOP meetings with businesses and others on transportation issues and provides fully subsidized bus passes for staff of the District, the Master Association and the Parking and Loading Dock Association. MONITORING & REPORTING Exhibit D of the SIA defines the following requirement for transportation system monitoring and reporting: "At the end of the first three years of operation (Dial -a -Ride) AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year, 2. Instances involving standees and missed trips, or trips requested but not provided; and 3. Statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the level of service may be made. " While these general reporting requirements are required for the Dial -a -Ride system, there are greater reporting requirements relative to transportation as a whole for Aspen Highlands Village. The Aspen Skiing Company began preparing annual reports regarding the agreed to service plan in the 1999/2000 ski season. These monitoring reports have also been prepared and submitted to the City of Aspen for the last three years. The 2002/2003 report has been completed, and a copy is attached to this memorandum. In order to provide more complete information, the Aspen Highlands Metropolitan District has formulated the following comprehensive monitoring plan that was put into effect in January 2003: November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 13 The District assumed responsibility for the monitoring of air quality, and collection of information regarding ridership, traffic counts, et cetera in December 2002. With the assumption of these monitoring requirements, it was discovered that the air quality monitoring station could not be properly calibrated. Intermountain Laboratories was retained immediately and the system was completely overhauled and rehabilitated. A spare parts inventory was established, and the monitoring station has been running efficiently and providing accurate information since January 2003. • The District has also completed traffic counting during the 2003 ski season; traffic counts included a breakdown between vehicle types (bus, shuttle, service vehicle, skier/visitor, and resident),.vehicles per hour, et cetera. The traffic survey is included in the annual report to the City which will address air quality, transit and on -demand services. A copy of the Monitoring Report for the 2002/2003 ski season is attached to this memorandum. The District has purchased and is installing a traffic monitoring system that will operate on a continuous basis during the 2003/2004 season. Additional equipment that will be purchased includes five vehicle counters that will be installed on Prospector Road, Thunderbowl Lane, the entrance to Building 7 and the entrance to Building 5. The fifth counter will be installed in different locations throughout the year to record traffic at other portions of the village. Hose counters will only be installed on snowmelt roads during the winter to prevent damage and loss of information. Several cameras have recently been approved for installation to monitor traffic at the bus stop area on Boomerang. It is possible that some of the discrepancies in reporting between various entities are due to riders to Highlands not departing the bus at Highlands. It occurs to the District that many riders that get on the bus at other locations may ride to Highlands to get to Aspen. For example, the bus stops at Castle Creek, the roundabout, the Aspen School District, and the Aspen Recreation Center before stopping at Aspen Highlands. It is clear that Highlands is not the final destination for these riders. The data produced by this system will become part of the annual report and will provide daily figures on traffic totals at Aspen Highlands Village. The system is proposed to be set-up to differentiate between vehicle types and to allow for the generation of additional data that will be useful to the Village and the Maroon Creek Corridor transit program. More details about the proposed traffic monitoring system for the 2003/2004 season are provided in Appendix C. The District has agreed to continue monitoring for an additional period of two years beyond what was originally required due to gaps in information during the past two years (prior to the District assuming responsibility for monitoring). During this period of time, the District will monitor air quality at Aspen Highlands; traffic numbers and, if possible, traffic type; Buttermilk shuttle ridership; mass transit ridership; skier bus ridership; Maroon Bells ridership; Dial -A -Ride use including all services provided to village residents; airport use versus downtown core use; and skier parking counts. P 2 9 P 2 9 • • November 17, 2003 Memorandum to Robert E. Daniel, Jr. Page 14 The District will also cooperate with the Aspen Highlands Village Association and Aspen Skiing Company to compare special event numbers to traffic generation numbers and changes in air quality data, if any. All data will be evaluated and converted to useful information for inclusion in the annual report. Beginning in 2004 this report will be issued shortly after the close of the ski season. The report will include information from summer 2003 activities and Maroon Bells transit information. SUMMARY Aspen Highlands Village provides a very comprehensive transportation system for residents, guests, and skiers. AHV supports a number of fixed routes that are operated by RFTA. In addition, a Dial -a -Ride system is provided for residents and guests. This system is well supported financially and is very close to meeting ridership goals. The system provides overlapping services so some users have several options for their trips to downtown Aspen and the Airport. This success is due to an ongoing information program that is refined and enhanced continuously to maintain recognition of the alternative transportation options available to AHV residents and guests. A procedure to improve Monitoring and Reporting of the status of the system has been included in this memorandum. We look forward to continuing to work closely with the City of Aspen and RFTA to provide transportation alternatives at AHV. 0 0 LX �� 1,6+ a MEMORANDUM TO: Julie Ann Woods, Community Development FROM: Cindy Christensen, Housing Office DATE: May 6, 2004 RE: ASPEN HIGHLANDS VILLA GEEMPL0YEEAUDIT ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was that "An audit of full-time employees shall be conducted at the applicant's expense one year after completion of Phase Four. The applicant shall be responsible for housing mitigation of any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation, the applicant may seek a credit to be used on other Pitkin County projects." BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning, LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land Planning LLC was approved by the Housing Office as an impartial third party to conduct the audit. The audit concluded that the Ritz -Carlton Club maintains about 14.75 more FTE's than had been accounted for by the approved generation factors. However, the audit showed that HHLP and the Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than expected at the time of the approvals. The total FTE's of the PUD are to be considered; therefore, the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89 fewer FTE's than were expected to be generated when the approvals were granted. The calculations presented were correctly computed, but remain subject to limitations. Those limitations are stated below: 1. The annual man-hour figures in the audit are based on data provided by the Ritz -Carlton Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not independently obtained from or documented in State records or any other source. 2. Where a space remains vacant or a tenant did not provide information, the audit used the approved employee generation rates to result in neither a shortfall nor a surplus of FTE's attributable to that space. Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all tenants had been able to provide multi -year data. It was impossible for Mr. Haas to extrapolate meaningful trends or even arrive at meaningful averages. RECOMMENDATION. • The Housing Board reviewed the findings of the audit and concluded the following: 1. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village. 2. The audit concluded that there is a credit of 14.89 FTE's. 3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited Partnership to seek a credit to be used on other Pitkin County projects. 4. At such time that Hines Highlands Limited Partnership would want to utilize any of the 14.89 FTE credits, approval would need to be received from the appropriate elected body and the amount utilized to be noted in a recorded document until such time as all of the credits are utilized. 2 • 0 E� k �-b it (�� SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOORE FAMILY PUD, A PLANNED COMMUNITY THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made and entered into this day of+U_ 1998, by and between JAMES E. MOORE FAMILY PARTNERSHIP LLL , a Colorado limited liability limited partnership (hereinafter referred to as "Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "County"). W I T N E S S E T H A. The Owner has received final approval from the BOCC for a subdivision known as Moore Family PUD, a Planned Community of seventy-one (71) residential lots consisting of forty (40) "Free Market Residential Lots" and thirty-one (31) "Affordable Housing Units" (hereinafter collectively "Project" or "Subdivision") on that certain real property (the "Property") located in Pitkin County, Colorado, more particularly described on the Final Plat of Moore Family PUD (herein "Final Plat") which Final Plat is filed of record in Plat Book _ at Page in the real property records of Pitkin County, Colorado. B. The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 97-75, "Granting Detailed Submission, Planned Unit Development, Subdivision, Special Review, Ridgeline Review, Growth Management Quota System Exemptions, and 1041 Environmental Hazard Review Approvals for the James E. Moore Family Partnership Project Located Adjacent to the Aspen Public School Campus", recorded on May 8, 1997, at Reception. No. 404234; Pitkin County Ordinance No. 97-13, Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval of Rezoning from AFR-2 and AFR-10 to AFR-1 for Portions of the Moore Property Located Adjacent to the Aspen Public School Campus and Amending the Official County Zoning Maps Accordingly, recorded on June 10, 1997, at Reception No. 405216; Pitkin County Resolution No. 98- 25, Resolution of the Board of County Commissioners of Pitkin County, Colorado, granting the Moore Family Partnership Subdivision and Growth Management Quota System Exemptions for Essential Community Facilities for a 35 Acre Parcel Adjacent to the Moore Family PUD Subdivision, recorded on February 24, 1997, at Reception No. 413838; and Pitkin County Resolution No. 98-57, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval for the James E. Moore Family Partnership Subdivision, recorded on April 7, 1998, at Reception No. 415352, all in the records of Pitkin County, Colorado (hereafter collectively, the "Development Approvals"). C. This Agreement evidences the Owner's agreement to the conditions contained in the Development Approvals as required by the subdivision regulations contained in the Pitkin County Land Use Code. D. In granting said approval, the County has: (i) fully considered the proposed development as described in the Development Approvals and the anticipated benefits and burdens to neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") now in effect, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Development Approvals, which conditions and requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. E. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Owner, its successors and assigns. The Owner is willing to enter into this Agreement, and provide such assurances to the County. F. The Project Public Improvements set forth on Exhibit "A" attached hereto and made a part hereof includes the cost and description of the various public improvements regarding water, sewer, private utility plan, Ski Club lift, roadways, trails, single-family affordable housing, landscaping, and administration ("Project Public Improvements"). AGREEMENT NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the BOCC as follows: 1. Water System. Owner agrees to install, or guarantees installation of a central water system connected to the City of Aspen water system to provide water service to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and specifications provided to Owner by the City of Aspen and to all requirements set forth in the Detailed Submission Approval. 2. Roads, School Circulation, and Parking Lots. The Owner agrees to install or guarantees installation of the private or public roads, and certain school circulation system parking areas in accordance with plans submitted and approved by the County in the Moore PUD Detailed Submission. Roads shall be constructed in conformance with all requirements set forth in the Detailed Submission Approval. The cost of paving is included in Exhibit "All Certain off -site parking lot(s) shall be paved in conjunction with the first phase of construction in accordance with Exhibit "B" attached hereto and made a part hereof, which is a memorandum, dated February 11, 1997, from Dave Prey, Secor International, Inc. to Pitkin County Environmental Health -2- Department. The location and number of the off -site parking lots to be paved shall be reviewed and approved by the Environmental Health Department of Pitkin County, prior to paving. Upon the paving of the off -site parking lots, the Owner shall satisfy the air quality mitigation requirements set forth in Exhibit "B". 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service to the lot line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross Electric Association and to all requirements set forth in the Detailed Submission Approval. 4. Telephone Service. Owner agrees to install or guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. West Communications and to all requirements set forth in the Detailed Submission Approval. S. Natural Gas Service. Owner agrees to install or guarantees installation of natural gas lines to provide gas service to the lot line of each lot in the Subdivision. Natural gas lines shall conform to the requirements and specifications provided to Owner by KN Energy and to all requirements set forth in the Detailed Submission Approval. 6. Waste Water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and lines to provide sewage disposal service to the lot line of each lot within the Subdivision. Waste water collection systems and lines shall conform to the requirements and specifications provided to Owner by the Aspen Consolidated Sanitation District and to all requirements set forth in the Detailed Submission Approval. 7. Undergrounding of Utilities. Owner shall underground all new utilities in the Project with the exception of required surface mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure reducing stations, fire hydrants, meters, and similar appurtenances requiring above -grade installation. Irrigation, snowmaking, and domestic water pump stations will be either sheltered or placed underground. 8. Bus Stop Shelters. Owner agrees to install or guarantees installation of two (2) bus stop shelters as set forth in the General Submission approval (attached to the Resolution) in the location(s) approved by the County and RFTA. The Owner shall design such shelters acceptable to RFTA. -3- 9. Public Trails. Owner agrees to construct or guarantees the construction of the public trails as included in Exhibit "A" ("Project Public Improvements") attached hereto and made a part hereof, in conformance with Detailed Submission Approvals. The Nordic trails will be surveyed after construction, and dedicated to the County within six (6) months after the first winter of trail operation. 10. Construction Phasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in accordance with the phasing plan set forth in Exhibit "C" attached hereto and made a part hereof (hereinafter "Phasing Schedule"). The allocation of affordable housing is attached as Exhibit "D" attached hereto and made a part hereof. Phase One shall be completed within two (2) years of commencement of work under the earthmoving permit; Phase Two shall be completed within three (3) years of commencement of work under the earthmoving permit; Phase Three shall be completed within two (2) years of commencement of work under the earthmoving permit; and, Phase Four shall be completed within two (2) years of commencement of work under the earthmoving permit. Variations in the phasing schedule shall be permissible in order to provide on -site flexibility in completion of the Project Public Improvements. 11. Construction Management Plan. The construction management plan will be as set forth in Exhibit "E" attached hereto and made a part hereof (hereinafter "Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan which addresses any increase in PM-10 emissions associated with construction activities, the staging of construction equipment and materials, and public notification plans for road closures or any other public inconveniences during construction. The Construction Erosion Control Plan is attached hereto as Exhibit "F" and made a part hereof. The temporary construction and materials staging areas and employee parking is shown on Exhibit "G" attached hereto and made a part hereof. 12. Dial -A -Ride. Owner agrees to implement an "On Demand Dial -a -Ride Transit Service Plan" as set forth in the detailed plan attached hereto as Exhibit "H" and made a part hereof (hereafter "On Demand Dial -a -Ride Transit Service Plan") 13. Landscaping. Owner agrees to install or guarantees installation of landscaping as depicted in the Moore PUD Detailed Submission, and specified in the Project Public Improvements, as shown on Exhibit "I" attached hereto and made a part hereof (Landscape Cost Estimate). -4- 14. As -Built Survey. The location of various elements of the Project as shown on the PUD Plan, Final Plat or civil drawings submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative to construction may require minor deviations or variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, Owner may cause the precise location of such improvements to be surveyed. Based on such survey, the County Planning Director may at the request of Owner approve insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations in the as -built surveyed location of any such improvements. 15. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the Project Public Improvements and full compliance of the conditions and covenants of this Agreement and all County approvals, including site restoration in the event the work undertaken pursuant to the earthmoving permit is not substantially completed. The Project Public Improvements shall include trails, all public and private roads, water, sewer, civil infrastructure, and private utilities for the entire Project, and those items set forth on Exhibit "A" attached hereto and made a part hereof. (a) No Security for any Project Public Improvements, or the Maroon Creek Road Bond described in Paragraph 16 below, shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Prior to the issuance of the first excavation, demolition or grading permits for any of the Project, Owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) When the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public Works shall inspect the work within forty-five (45) days of written request made to the Public Works Department and the Pitkin County Attorney's Office, and on reasonable acceptance of the improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch list" type work for which the County may require continuing security in an amount sufficient to complete the punch list. -5- (c) The Owner shall be responsible for having all relevant utility companies review and approve plans, specifications, and contract documents before construction and shall be responsible for having the utilities inspect and certify acceptance of all utility installations. The Owner shall present these letters of acceptance and certification to the County Engineer at the time of request of release of security. No release of security for utility work will be made without the required approvals and certifications. (d) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject to establishing satisfactory partial completion of the improvements, such partial releases shall be granted. (e) Failure to respond within sixty (60) days of any request for partial or final release shall constitute acceptance of the improvements by the Pitkin County Engineer or Pitkin County Director of Public Works and release or partial release of the security shall be granted. (f) Owner may cause a special district to be formed for purposes of financing and maintenance of all or part of the construction of the Project Public Improvements. If such district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the construction of the Project Public Improvements, Owner shall be entitled to a release from the County of an equivalent amount of Security, provided the County Attorney is satisfied with the County's ability to have the Project Public Improvements completed in the event of Owner's default. If the County Attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 16. Maroon Creek Road/Highway 82 Intersection. When the County is prepared to begin construction of all or a portion of the Castle/Maroon/State Highway 82 improvements, Owner will pay to the County that portion or all of the $350,000.00 as needed for said improvements. At the discretion of the County, the $350,000.00 may be used for other transportation improvements in the Castle/Maroon corridors, including but not limited to bridges, roads, and trails. A bond or other acceptable financial assurances will be posted for the full $350,000.00 as set forth in Paragraph 15(a) above. 17. Improvement Maintenance Agreement. In accordance with Section 6-4.5(b) of the Code, Owner shall, prior to the conveyance, sale or transfer of any single family lots within the Project (excepting transfers by Owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by Moore Family PUD Master Association, Inc. or other special district in perpetuity of all Project common improvements not accepted for dedication by the County or the utility providers. 18. Certificates of Occupancy. Except as otherwise provided herein, no Certificates of Occupancy shall be issued by the County for any Free Market Residential Lots until Owner shall have obtained Certificates of Occupancy for the first phase of construction of the Affordable Housing Units, or any comparable portion thereof, as described in the Phasing Schedule. Once the Owner has obtained Certificates of Occupancy for the first phase of Affordable Housing Units, or any comparable portion thereof, as described in the Phasing Schedule, Owner, or its grantees, shall be entitled to Certificates of Occupancy for twelve (12) Free Market Residential Lots selected by the Owner, or if less than all the Affordable Housing Units thereof are complete, the equally comparable portion thereof in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots; provided, however, that each phase of Affordable Housing shall be completed, and Certificates of Occupancy issued prior to commencement of the next phase of Free Market development. Thereafter, Owner or its grantees shall be entitled to Certificates of Occupancy for fifteen (15) Free Market Residential Lots selected by the Owner, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the two (2) groups of Affordable Housing Units, or any portion thereof, included in the second phase of construction as described in the Phasing Schedule. Finally, Owner or its grantees shall be entitled to Certificates of Occupancy for the balance of thirteen (13) Free Market Residential Lots, or a comparable portion thereof, in the same or similar ratio of completed Affordable Housing Units to released Free Market Residential Lots, upon the issuance of Certificates of Occupancy for the final group of Affordable Housing Units, or any portion thereof, included in the third phase of construction as described in the Phasing Schedule. Owner, at its discretion, may also be entitled to Certificates of Occupancy for all of the Free Market Residential Lots in a particular phase even though Certificates of Occupancy have not been obtained for all or part of the Affordable Housing Units for that phase, provided Owner has submitted Security to the County in the form of a completion bond to assure completion of that phase of construction of the Affordable Housing Units as described in the Phasing Schedule. No Certificate of Occupancy for Free Market Residential Lots in the next phase shall be issued until the Affordable Housing Units in the previous phase have been issued Certificates of Occupancy. In determining the amount of additional Security to be provided hereunder, Owner -7- • • shall not be required to provide of the Affordable Housing Units, provided for the infrastructure Improvements. Security for the infrastructure as Security has already been as part of the Project Public Nothing in this Paragraph shall prevent Owner from obtaining earthmoving and/or excavation permits, or demolition, grading, or building permits for the Project. 19. Execution of Final Plat. construct the improvements hereunder the Owners' recordation of the Final records of Pitkin County, Colorado, the Final Plat. The Owner's obligations to are expressly contingent on Plat in the real property and on the BOCC's approval of 20. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant to C.R.S. §24-68-101 et.seq. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property. Upon completion of the school circulation improvements, the Development Approvals shall be deemed vested in perpetuity. 21. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. 22. Bulk Sale. As used herein, a bulk sale is defined to mean the sale of more than fifty percent (50%) of the Project. In the event Owner does not develop the Subdivision or market the individual lots, Owner may sell all or a portion of the lots in bulk in the Subdivision to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. Upon a bulk sale to a third party, the third party shall assume all obligations of the PUD and Development Guide. 23. Assignment of Interest and Obligations. Owner may assign its interest in the Property to a third party, who shall develop the Property or portions thereof, including the construction of the Project Public Improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations -8- hereunder to any one or more special districts or homeowners associations to be formed for purposes of performing such obligations. If there are two or more parties responsible for the completion of the Project Public Improvements, the County shall be responsible for delays in schedule, construction phasing, or delays in the release of security due to the incomplete work of other parties. 24. Remedies of County. In the event Owner shall fail to construct any Project Public Improvements for which it is responsible under this Agreement in accordance with plans and/or specifications appearing in the drawings approved by the County, and within the schedule set for the completion of said Project Public Improvements the County shall provide Owner with a notice of non-compliance ("Notice of Non -Compliance") together with the right for a period of ninety (90) days after the receipt by Owner of such notice for Owner to cure such non-compliance or schedule a hearing with the BOCC. Provided, however, the Owner may modify the schedule for construction of any Project Public Improvements at any time by providing written notice to the County. The Notice of Non -Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. If Owner, by written notice to the County given prior to the expiration of the time to cure set forth in the Notice of Non - Compliance, disputes whether or not a default exists, then as soon as practical within said ninety (90) day period, the BOCC shall conduct a hearing (the "Non -Compliance Hearing") to determine whether or not a default exists. As such hearing, Owner may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner shall have ninety (90) days from the date of the hearing within which to correct the deficiencies, weather permitting. If at the expiration of said ninety (90) day time period, Owner is proceeding with due diligence and the expenditure of reasonable sums to correct the deficiencies, weather permitting, then said time period shall be extended for so long as Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non -Compliance within the time provided or in the event a Non -Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) Once the financial assurances required by this Agreement to the extent this Project has vested have been released, the County specifically waives any right it may have to object to the Project Public Improvements or to require the Owner to perform additional work. (c) In the event the County draws on the security to correct deficiencies, it shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to correct the deficiencies or properly complete the Project. The County shall be obligated to make a good faith effort to complete the project, provided that the County may decide to only secure public health, safety, and welfare. In such event, the County may only draw on the bond in an amount necessary to complete said work in as economical and efficient a manner as possible. (d) Nothing contained in this Agreement shall limit other remedies available to Pitkin County under Colorado law. 25. Entire Agreement. This Agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not be modified except by a written agreement duly executed by all parties. 26. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the expiration of three (3) days after it is deposited in the United States Mail, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County: Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 With a Copy to: John M. Ely Pitkin County Attorney 530 East Main Street Aspen, CO 81611 If to Owner: James-E. Moore Family Partnership, LLLP P.O. Box 126 Woody Creek, CO 81656 With a Copy to: Gideon Kaufman, Esq. Kaufman & Peterson 315 E. Hyman. #305 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. -10- 27. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any portions hereof. 28. Conflict. This Agreement is intended to amplify and carry out certain of the provisions of the Development Approvals. In the event of any conflict between the provisions of this Agreement and the Resolutions, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. 29. _Force Maleure/Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance hereunder shall be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimed for the calendar year or other period. 30. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of this entire Agreement. 31. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 32. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. 33. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues -11- • El litigated and the court's decision on those issues, was the prevailing party in the action. 34. Clerical Errors. In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver, as necessary, any documentation in order to correct the erroneous document, description, exhibit, or to provide any missing exhibit. 35. Estoppel Certificate. From time to time, Owner shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to Owner or another party designated by Owner such as a construction lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Notice of Non - Compliance has been given to the County; (ii) this Agreement is in full force and effect; and, (iii) the County has no knowledge of any default under this Agreement on the part of Owner, nor does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such other information as Owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. JAMES E. MOORE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership Thomas A. Moore, General Partner ;ATTES / ) eAAJ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Dorothea Farris, Chairperson APPROVED AS TO FORM: By � John M. Ely, C Attorney (NOTARY ACKNOWLEDGMENTS FOLLOW ON NEXT PAGE) -12- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoi instrument was acknowledged before me this `4 T day of C,LI� lt�j 1998, by Thomas A. Moore as General Partner of JAMES E. MOGPE FAMILY PARTNERSHIP, LLLP, a Colorado limited liability limited partnership. Witness my hand and offic'a1 seal. My commission expires: -71� 1 '`PPY P(/e�i Notary Public j 8EDKS� 1 4't o s o STATE OF COLORADO ) �9TFO O p�P ss. COUNTY OF PITKIN ) Th �feing instrument was acknowledged before me this day of 1998, by Dorothea Farris as Chairperson of the BOARD O C TY COMMISSIONERS OF PITKIN COUNTY, COLORADO. Witness my hand and off My commission expires: Q 4Cj Pt _ -13- LIST OF EXHIBITS Exhibit "A" Project Public Improvements Exhibit "B" Memo, dated 2/11/97, from Secor International Exhibit "C" Moore Family PUD Revised Detailed Submission Phasing Plan, dated 9/3/97 Exhibit "D" Moore Family PUD Affordable Housing Phasing Allocation Schedule Exhibit "E" Moore Family PUD Construction Management Plan Exhibit "F" Construction Erosion Control Plan Exhibit "G" Temporary Construction and Materials Staging Area and Employee Parking Exhibit "H" On Demand Dial -a -Ride Transit Service Plan Exhibit "I" Landscape Cost Estimate C:\clients\Moore\subdivision imp agr-clean -14- C d E d a2 a L U _ x L d c W A � a L c a m8 mO YQ b O mN m m b O bA V O N r Nm Q mm ^m O m Cf7 n N^ C1 CC! m O O rmnN b n O C O CDbmpO 0nm n b ^ n ^ m m O N 1n N N b y7 m to O m N m m n m^ M n N C "Q b ^ r r Y h m Y m m O m m m m n LL'1 N OJ ID N Q m Q Q Q m m O 0 i i pp C m m ^ Q In ^ N m (q Q Q Q r m m m N n r Y r Y N N N Y N Q Y C C 0) O N m n N E E h O m v> S N m f") Y O O Y O ry ^ m ^ 16 H m m 1 N m r O m N Q N Y') Q m m C•1 m m CO r O m O m m N m r Q N Q ' N m Y ^ N O N m N ' ' `�' m N m CO N N O ^ m 0 r m Q N O N cq m ^ m N ^ Q N O^ m O Y m m m O ow ^ S e o ' 0 NO N O ri ' m 010 m n N m ON m O LL') O m m m m m O r O O m S O O N y7 O O m O n m n N m N Y m N m N t'l •- O n p� I'1 N N' ' m m N O r 8' yh m m O m 11'1 N m mN f7 f`•) N N AJN ' N m'' ' r co 01 N 1'7 � cc 88 0pp 8 o p ^ 8 O N' b t7 Q Q ^ O Q N^ m m ^ ^ Sm� gg�gg amg r N N oo m r N m In O Q O l7 m N N m m m h CD O r y7 fh ^ ^ m vi u•, inm^Q mmm rr g NQ m.-v> QQ^ g � 2e N a oSSS 88o SppSo omo g0 O S$mm�25SSum25�25m °n r So N N nn m m So O O w d m m 0 0 0 m N m p O b S m O O b O m m N m O N O n O O O O N In ^ O N N m m ^ n m S N b Yi N N b O O O U r 17 m m N •- n m b N b 1n b Y^ N O^ m ^ H a In b N d l7 h S S^ < S N 8 Q O m 8 N ^ p I .., U a N ^ p N ^ pO 1A C p Ql .•• - iy C � e U_ 88 pp 8 _ O _ C CO C m^ N < Q e o a z C d .e 3 s EF d u A y d v C c d avi o E d c a ° m a d E Q w cci < " m E 2 X d a d o w •� U 5 v o = n d •. c o S u ^ E c d -a E c c t d m o .p m SOwl p d 8 0 Va Uo PocaE ID Ol ddc >v d EE >-6 LL LL�vt` UA n c J Ed Nc U " m C �a E dc> `�m °ao a UY n 1u 0 U 9 QQiUaU o E .d o° A w ` L v .o aa U c m E m 0 u O = O m � f a' EXHIBIT I B 11.t Ilh '�LI �7j0(1_. Ufl; SEC(J__%__UD\. 1olurnullonal117 Or/>ornted NIEMOkA, DUM TO: Nancy MacKenzie, Lee Cassin Pitkin County Environmental Health Department FROM: Dave Prev RE: Moore Family PUD Air Quality Analysis - Simplified Format DATE: February 11, 1997 This memorandum presents the Moore Family PUD air quality impacts using the format as requested by Nancy MacKenzie and Lee Cassin of the Aspen/Pitkin County Environmental Health Department (EHD). In addition to the revised format, this report contains the following revisions to the previous air quality analysis memo to Nancy MacKenzie and Rick Magill, dated December 9, 1996: o Inclusion of affordable housing units o Inclusion of VMT and PM10 from 14 additional parking spaces at the school o Revised mitigation to include the paving of two parking lots PM10 Analysis As requested by the EHD, a straightforward analysis consisting of total project related VMT increases, PM10 increases, mitigation measures, and total PM10 reductions have been presented in this memo. Table 1 presents the summary of this analysis. Table 1 Moore PUD PM10 Analysis Results VMT Increase 2412 VMT/day PM10 Increase 51.6 lb/day PM10 Mitigation: Paving Parking Lots -46.2 lb/day School Circulation -2.8 lb/day Affordable Housing -4.04 lb/day Net PM10 -1.5 lb/day i001 S ailh 700 Pza.�/. jude 250..Sidl Like, Cill. 1.7 b'/i /(1'-1 / -N /Rill) 60-7/00 t;,vJll 266-,'/ IS /-A \ _UU I l l I .JL,.UI% JL., UU•, ji Page 2 February 11, 1997 Memo to Lee Cassin, Nancy MacKenzie Mitigation Measures Paving Parking Lots The Moore PUD agrees to the paving of private and public parking lots so that a -22.3 lb/day of PM10 emission reduction can be demonstrated. Currently the Moore PUD plans - to pave the Iselin Park parking lot with an estimated PM10 emissions reduction totaling - 31.3 lb/day. As agreed upon with Lee Cassin, EHD, the following formula will be used to estimate P�I10 emission reductions from the paving of large unpaved parking lots (greater than 25 cars per day use): PNI10 Reduction = (Counts) x (0.0016) x (13/5.5) x (# Entrances) lb/day PM10 where: Counts = Average Daily traffic volume of road which parking lots exit onto # Entrances = Number of entrance/exits into parking lot Affordable Housing A credit for the reduced trip distance of local employees was given to the affordable housing units at the Moore PUD. As agreed upon with Lee Cassin, EHD, the amount of trips that would be affected at the affordable housing equals 1/2 of all trips generated at the Moore PUD affordable housing. VMT Trip Distance Used In the calculation of daily VMT increases due to the Moore PUD, the round trip distance of 10 miles, as requested by Lee Cassin, was used. All trips and trip generation rates used in this analvsis are in terms of trip ends (i.e., one-way trips), so all VMT increases are calculated using the number of trips x 5 miles. :)t,' I)lt JLt. • L0004,p(1, Attachment 1: Moore PUD PM10 Analysis 11-Feb-97 VNIT Increase (1) Private Homes: Trips from private homes= Length of trip = VMT Increase (2) Employee Housing: Trips from employee housing= Length of trip = VMT Increase (3) Additional parking spaces at school: Trips from parking spaces= Length of trip = VMT Increase (4) New ballfield: Trips from ballfield= Length of trip VMT Increase ------------------------------------------------- Total VMT Increase=(1)+(2)+(3)+(4)= Ph110 Increase VMT Increase PM 10/V MT= Daily PM10 Increase 262 trip ends x 5 miles/trip Ref: Lee Cassin 1310.0 VMT 190 trip ends x 5 miles/trip Ref: Lee Cassin 947.8 VMT 30.8 trip ends 14 spaces x 1.1 turnover ratf, 5 miles/trip Ref: Lee Cassin 154.0 VMT 0 trips wintertime x 5 miles/trip 0 VMT 2411.75 VMT 2411.75 VMT x 0.0214 Lb/VMT MCR, clean sand 51.6 lb/day 02/11/97 1 _ rry .rr I i rr I .1.rrr t _Ulr t Li> .'i l.-II .�l.r. ivi. Il ll ,r 1111r Attachment 1: Moore PUD PM10 Analysis 11-Feb-97 N itigation ititeasures (1) PM10 reduction due to paving unpaved lots: -46.2 lb/day (2) Trip reduction from dial -a -ride: 0 Already in trip factors (3) VMT reduction from better school circulation: Trips to school affected 221 trips x Reduced distance -0.6 miles/trip VMT decrease -132.7 VMT x PMIONMT= 0.0214 IbNMT MCR, clean sand Daily PM 10 Decrease -2.8 lb/day (4) Reduced Trip Length for Affordable Housing: Affordable Housing Trips 190 trips Downvalley Location. Distance to MCR light 3.87 miles Percent of trips in this direction 50% Affected VMT 366.8 VMT Emission rate for SH 82 0.0176 IbNMT A, Daily PM10 6.5 Lb/day Moore PUD Location: Distance to MCR light 1.20 miles Percent of trips in this direction 50% Affected VMT 113.7 VMT Emission rate for SH 82 0.0214 lb/VMT B, Daily PM10 2.4 Lb/day Net Affect of Moving to Moore Location Daily PM10 Decrease (B-A) -4.04 Lb/day 02/ 11 /97 2 .)uI -uu , 11� JGl,l111, JL.I. Attachment 1: Moore PUD PM10 Analysis 11-Feb-97 Total PN110 Daily PM10 increase= 51.6 lb/day Daily PM10 decrease= -53.1 lb/day Total PM10= -1.5 lb/day 19 ()()G (1()r 02/1 1 /97 3 1 � N 00 V) N a.. A ," o 0 V, r o a� HHHH ° 0000 �—+ N M tt En V) V) V) + •�,L. •�L . jr d - 1181HX3 • EXHIBIT- '1D11 Moore Family Planned Unit Development Affordable Housing Allocations Schedule Discretionary Allocations (13 ea) Cat Totals Moore PUD Mgr 1 Cat 3, 3 bdrm Moore Family Member 1 Cat 3, 3 bdrm Aspen School District 1 RO, 4 bdrm 1 RO, 3 bdrm 2 Cat 4, 3 bdrm 4 Cat 3, 3 bdrm Aspen Valley Hospital 2 Cat 3, 3 bdrm 1 Cat 4, 3 bdrm Discretionary Totals: Non -Discretionary Allocations (18 ea) 9 Cat 3, 3 bdrm 1 Cat 3, 4 bdrm 6 Cat 4, 3 bdrm 2 Cat 4, 4 bdrm Non -Discretionary Totals: Total AH Unit Allocation: • Affordable Housino Blocks' C D A F Totals 1 1 1 1 1 1 1 1 2 4 2 3 1 1 1 _ 2 1 1 5 1 2 5 13 3 1 5 9 1 1 2 4 6 2 2 3 6 5 4 18 8 7 7 9 31 Totals by Size: 4 Bedroom (bdrm): 4 3 Bedroom (bdrm): 27 6 Refer to Exhibit C, Moore Family PUD Phasing Plan EXHIBIT ��. 5_ MOORE FAMILY PUD_ CONSTRUCTION MANAGEMENT PLAN Overview In preparing the procedures and measures to be incorporated in the construction process for the Moore Family Planned Unit Development (PUD), it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the Moore Family PUD improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. Typically, TDM will principally deal with mass transit incentives and auto disincentive. However, other ideas have been investigated relative to TDM and the construction process. Outlined below are several measures the project proposes to implement as a part of the construction process. Travel Demand and Traffic Control measures During the construction of the Moore Family PUD the following TDM and Traffic Control program will be in effect: o Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Moore Family PUD from 8:00 a.m. to 8:30 a.m. and from 2:50 p.m. to 3:30 p.m. The exception to this will be scheduled concrete pours that are time -sensitive due to the quantity of concrete being placed or poured at one time. Delivery times may be altered at the discretion of the County Engineer. o Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. Signs on County roads shall be provided by the developer and installed by the County. o Sub -contractors will be issued a limited number of parking permits for their workers. o General contractors will be required to provide a parking plan with their individual construction contracts. o Contractors will be required to provide van -pooling or car- pooling programs as a part of their construction contract. Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. hours in advance of the scheduled occurrence, and obtain written permission of the County to do so. o There will be no construction or materials staging, or short- or long-term parking on any public land in the immediate vicinity of the development, including, but not limited to, the Aspen School District campus, Iselin Park and the LDS Church, without the written consent of the land owners. o All contractors will be required to notify public and/or private utility companies at least forty-eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty-four 924) hours prior to interruption. o Notice will consist of the contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a local newspaper or a public announcement on local radio, or any combination of these as may be appropriate. o Neither the Owner or his contractors shall stop or flag traffic on any public road without having a traffic control plan approved and in place. Any flagging or traffic control shall be done by State certified flaggers. No signing shall be placed within the public road right-of-way without the prior approval of the County. Noise Control for Construction Equipment o The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. o All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. Construction Materials Staging and Parking o There is to be no construction or materials staging, or short or long term parking on any public land in the immediate vicinity of the development, including, but not limited to, the Aspen School District Campus, Iselin Park and the LDS Church, without the written consent of the land owners. • • o To the greatest extent possible raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (for example gravel). o A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. o The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. o Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriff's Office, the School Superintendent, the Pitkin County Engineer, and the Developer to review the construction season work program and address any concerns raised during the previous construction season. In addition to the above measures, Moore Family PUD will plan and implement the following programs: Fugitive Dust Control Plan o Dust control will be implemented from start to finish of each construction season until the project is complete. o Contractors will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. o Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust -laying equipment and methods as may be required. o To the greatest extent possible raw material deliverers to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. Any mud or debris carry- out onto the public roads will be cleaned on a regular basis, during the construction of the public improvements. o Cleaning shall be done as necessary, at the direction of the County Engineer. Public Notification Plan o If it becomes necessary to re-route traffic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detour(s) at least twenty-four (24) • • o Temporary construction and parking shall be located in G Erosion Drainage Control Plan materials staging and employee the area depicted on Exhibit o During construction the owner/developer shall follow the Erosion, Drainage Control Plan in Exhibit F . Moore.CMP • Z_ OL W W J L W Q z d d W Q�. d Q Z O LU tLd 111 OC z 0 � w Z O • • r t s 5�c;3 0 Y. H On Demand Dial -A -Ride Transit Service Plan The Moore PUD and Aspen Highlands Village will join together to operate a dial -a -ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door-to- door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan, and describes the vehicles to be used. Some operations details will be finalized when the service has been established. Operations Plan The system will be operated in a flexible manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated after all the certificates of occupancy have been issued for the affordable housing units in Phase 3 of the Moore PUD. This will coincide with the initiation of dial -a -ride for Aspen Highlands Village. The fleet of vehicles and service may be expanded as the developments grow. Service will be provided to the two areas illustrated by Figure 1. Vans will operated on a fixed schedule with pick-ups in the center of Aspen every one-half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD the vans will drop off and pick up passengers at their origin or destination. During the off-peak seasons services will be reduced to match demand. During.the peak season(s), Route # 1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route # 2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. Service Plan Service Plan Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3, Statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the levels service may be made. Vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. • Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. Moore. dial EXHIBIT F ': +d' .3 Jwfi TM4 t1 The Moore Fam i I PUD ;Landscape cost Estimate Page One is estimate of probable cost of construction represents Kiernan Design 5tudio'S best professional -dgement. It does not, however, constitute a warantee or representation that actual bids will not va from this estimate no matter how carefully prepared. This estimate does not include rough grading, :signage, fencing, outdoor lighting, tap fees, underpass construction, or landscaping for the 35 acre outparcel. The irri ation estimate will not be accurate until a stAstem has been designed and aczurateig costed. [Unit Item / Task / Plant I comments Unit Ouantit Cost Unit Total PHA5E 1 Irrigation Pump and Allowance Lump 5um $35000.00I Distribution 545tem jMaroon creek Intersection / Entrance corridor (Note: grading, topsoil and rev e etation costs are included in the Lower Meadow cost section.) Aspen collected 1" cal. 83 $-75.00 $6225.00 ServiceberN 5 gal. 10 $30.00 $300.00 Ponderosa Pine 10, 19 $450.00 $5550.00 Ponderosa Pine 12, g $600.00 $5400.00 Colorado Spruce 10, '7 $500.00 $3500.00 Colorado Spruce 12, '1 $-700.00 $4g00.00 irrigation Drip, per plant 125 $12.00 $1500.00 Boulder Retaining Allowance $10000.00 SUBTOTAL $403 75.00 !Glen Ea les Drive Chokecherr 5 4al. 40 $30.00 $1200.00 Chokecherr 5$5 3-4' 20 $110.00 $1800.00 Serviceber 5 Gal. 50 $50.00 $1500.00 Ponderosa Pine 10, 8 $450.00 $3600.00 Ponderosa Pine 12, 8 $600.00 $4800.00 Irri ation Dri er plant 126 $12.00 $1512.00 Revecletation 5F 110000 0.16 $1'7600.00 Orclanic material SF 55000 0.15 $5250.00 Fine grading/spread 50% topsoil on site 5F 110000 0.12 $15200.00 SUBTOTAL $55462.00 Lower Meadow Area Roadside Ve etation (Assumes 50' reve etation on either side of road.) Reve etation Native Grasses 5F '700000 $0.16 $112000.00 � Orclanic Amendment 3 GY / 100 SF SF 550000 $0.15 $52500.00 Fine &radin / 5 read Topsoil 1/2 Topsoil on site 5F 3500001 $0.12 $42000.00 5UBTOTAL I $206500.00 I The Moore Family FUl7 -T/28/mI [Landscape Cost Estimate Page Two ,m / Task / Plant comments Unit Ouantitq Unit Cost Unit Total mot 1'1 Aspen collected 1" cal. 16 $75.00 $1200.00 Reve etation Native Grasses 5F 6,760 $0.16 $1081.60 organic Amendment 3 CY / 1000 5F 5F 4000 $0.15 $600.00 Spread Topsoil 1/2 topsoil on site SF 4000, $0.06 $240.00 Fine &radinq 5F 8000! $0.06 $480.00 Seeded Bluegrass 5F 1240 $0.16 $1418.40 Irriclation Allowance Does not include to $5000.00 SUBTOTAL $6500.00 Lot 18 Aspen Collected 1" cal. 3 $'15.00 $225.00 Reve etation Native Grasses 5F 5900 $0.16 $944.00 Organic Amendment 13 CY / 1000 5F 5F 32-T8 $0.15 $491.70 5 read Topsoil 1/2 topsoil on site 5F 4178 $0.06 $250.68 Fine Gradin 5F 535-7 $0.06 $501.42 Seeded Blue rags 5F 2455 $0.16 $392.80 irrigation Allowance Does not include to $5000.00 SUBTOTAL $5505.&0 -;t 19 Aspen Collected 1" cal. 2 $'I5.00 $150.00 Reve etation Native Grasses 5F 5200 $0.16 $852.00 organic Amendment 3 CY / 1000 5F 5F 316'T $0.15 $4'75.05 5 read Topsoil 1/2 topsoil on site 5F 3000 $0.06 $150.00 Fine Gradin 5F 6000 $0.06 $360.00 Seeded Bluegrass 5F 800 $0.16 $128.00 irrigation Allowance Does not include to $5000.00 SUBTOTAL $5125.05 Lot 20 Aspen Collected 1" cal. 2 $75.00 $150.00 Reve etation Native Grasses ISF 5100 $0.16 $5100.16 Organic Amendment 3 CY / 1000 5F 5F 5018 $0.15 $452.70 5 read Topsoil 1/2 topsoil on site 5F 5000 $0.06 $180.00 Fine Gradin 5F 6000 $0.06 $360.00 Seeded Bluegrass SF 900 $0.16 $144.00 Irri ation Allowance Does not include to $5000.00 SUBTOTAL $4386.86 The Moore Family FUD Landscape Cost Estimate � _ _ _ v2e/m! Page Three i. em / Task / Plant Comments Unit Ouantit Unit Gost Unit Total Lot 21 As en Collected 1" cal. 3 $75.00 $225.00 Ponderosa Pine 6' 1 $160.001 $160.00 Reve etation Native Grasses 5F 5550 $0.16 $856.00 Or anic Amendment 3 CY / 1000 5F 5F 3291 $0.151 $493.65 5 read Topsoil 1/2 topsoil on site 5F 3250 $0.06 $1415.00 Fine Gradin SF1 6500 $0.06 $390.00 Seeded Bluegrass SF 1150 S0.16 $164.00 irrigation Allowance Does not include to $5000.00 SUBTOTAL $5503.65 Lot 22 As en Collected 1" cal. 3 $'75.00 $225.00 Reve etation Native Grasses 5F 7100 $0.16 $1136.00 organic Amendment 3 Cy / 1000 5F 5F 3812 $0.15 $5'11.60 5 read To soil 1/2 topsoil on site 5F 4000 $0.06 $240.00 Fine &radingl 5F 5000 $0.06 $480.00 Seeded Bluegrass 5F 900 $0.16 $144.00 irrigation Allowance Does not include to $3000.00 SUBTOTAL $5'196.80 Lot 23 As en Collected 1" cal. 6 $75.00 $450.00 Reve etation Native Grasses 5F 6552 $0.16 $1055.12 organic Amendment 3 Cy / 1000 SF 5F 4940 $0.15 $741.00 Spread Topsoil 1/2 topsoil on site 5F 5640 $0.06 $350.40 Fine Gradin 5F 8432 $0.06 $505.112 Seeded Bluegrass 5F 1850 $0.16 $2%.00 irriclation Allowance Does not include to $5000.00 SUBTOTAL $6396.44 !Lot 24 Aspen Collected 1" cal. 11 $75.00 $525.00 Revecletatior Native Grasses 5F 9100 $0.16 $1456.00 Amendment 3 CY / 1000 5F 5F 62051 $0.151 $930.,75 -Organic 5 read To soil 1/2 topsoil on site 5F -7105 $0.06 $426.30 Fine Grading 5F 11000 $0.06 $660.00 Seeded Bluegrass 5F 1900 $0.16 $304.00 Irri ation Allowance Does not include to $5000.00 SUBTOTAL $7602.05 The Moore Family PUD Landscape Cost Estimate Page Four -m / Task / Plant Comments Unit Ouantitq Unit Cost Unit Total TOTAL. PHASE 1 $38?753.45 PHASE 2 Upper Bench Area (Does not includes read topsoil) Rev e etation Fall seeding, no irri . SF 256604 so. 16 $41056.64 Fine &radin SF 256604 $0.06 $153%.24 Boulder retaining allowance As per conditions L5 $8000.00 Erosion control mat For slopes min. 2:1 SF 256604 $0.25 $64151.00 SUBTOTAL $125605.58 5ki Lift (100' wide corridor assumption) Reve etation -Fall seed, no irri . SF 2170000 0.16 $45200.00 I Fine grading/spread topsoil 1/2 topsoil on site 5F 2'70000 0.06 $16200.00 organic amendment 3 CY/1000 SF 5F 135000 0.15 $20250.00 SUBTOTAL V71%50.00 i 15ki Glub Parcel Reve etation Fall geed, no irri . 5F -70000 0.16 $11200.00 Fine grading/spread topsoil 1/2 topsoil on site 5F '10000 0.06 $4200.00 Organic amendment 3 GY / 1000 SF 5F 35000 0.15 $5250.00 SUBTOTAL $20650.00 i IFIarking Lot / North School Entrance Ag en Collected 1" cal. "15 $-75.00 $5625.00 Lilac 5 gal. 290 $50.00 $8-700.00 Seeded Bluegrass 5F 18950 $0.16 $3032.00 Reve etation 5F 120998 0.16 19359.(08 Fine grading / spread topsoil 139948 $0.12 $16-N3.76 Or anic amendment 6g9i4 $0.15 $104%.10 IrriLiation Drip, per plant 565 $12.00 $4380.00 5USTOTAL $68586.54 iAffordable Housin4 Lots 1-9 (Figure on $5,000.00 per lot allowance) Landscape Allowance Ea 9 $5000.00 $45000.00 SUBTOTAL $45000.00 I_ The Moore Family FU17 I -7/28/cr Landscape Cost Estimate Page Five I I .em / Task / Plant comments I unit Ouantity Unit Cost unit Total .61en Eac4llleq Affordable Housim4 Lots 10-16 (Assumes 820 5F footprint per house.) Lot 10 Aspen Collected 1" cal. 12 $'15.00 $4100.00 Ponderosa Pine 6' 4 $160.00 $640.00 Reve etation Native brasses SF 5275 $0.16 $844.00 Organic Amendment 3 CY / 1000 5F 5F 308-7 $0.15 $463.05 Spread Topsoil 1/2 topsoil on site 5F 3087 $0.06 $185.22 Fine Grading 5F 61-75 $0.06 $3-70.50 5eeded Bluegrass 5F 900 so. 16 $144.00 Irrigation Allowance Does not include to $5000.00 SUBTOTAL $6546.?i Lot 11 Reve etation Native Grasses 5F 6936 $0.16 $1101i.?6 Organic Amendment 3 CY / 1000 SF SF 3918 $0.15 $58�.'10 5 read Topsoil 1/2 topsoil on site 5F 3918 $0.06 $235.05 Fine Gradin 5F "I836 $0.06 $4-70.16 5eeded Bluegrass 51' 900 so. 16 $144.00 Irrigation Allowance Does not include to $5000.00 5U5TOTAL $5546.10 Lot 12 Reve etation Native Grasses 5F 6242 $0.16 $948.'12 Organic. Amendment 3 CY / 1000 5F SF 3571 $0.15 $535.65 5 read To soil 1/2 topsoil on site 5F 35'11 $0.06 $214.26 Fine Gradin 5F '7142 $0.06 $425.52 Seeded Bluegrass 5F 1100 $0.16 $144.00 Irriclation Allowance Does not include to $3000.00 1 5UBTOTAL $5321.15 i Lot 13 ReveLletation Native Grasses 5F 5205 $0.16 $1515.25 Organic Amendment 3 CY / 1000 5F 5F 4104 $0.15 $615.60 Spread Topsoil 1/2 topsoil on site 5F 4104 $0.06 $246.24 Fine 6radin4 5F 8208 $0.06 $442.48 Seeded Blue rass 5F 900 $0.16 $144.00 Irriclation Allowance Does not include to $3000.00 5U5TOTAL $5811.60 i C] E The Moore Family PUP -7/28/9-7' 11-andsca a Cost Estimate Page Six .._em / Task / Plant Comments Unit ouantitg Unit cost I Unit Total I Lot 14 Reve etation Native Grasses 15F 15484 $0.16 $2157.44 Organic- Amendment 3 CY / 1000 5F 15F '1192 $0.15 $10-75.50 5 read Topsoil 1/2 topsoil on site SF -7192 $0.06 $431.52 Fine Gradin SF 143841 $0.06 $863.04 i Seeded Bluegrass SF 900 $0.16 $144.00 j Irrigation Allowance Does not include to $3000.00 SUBTOTAL $'16i4.80 Lot 15 Ag en Collected 1" cal. 4 $75.00 $500.00 Reve etation Native Grasses 5F 5200 $0.16 $832.00 1 Organic Amendment 3 cY / 1000 5F 5F 3050 $0.15 $45.7.5011 Spread To oil 1/2 topsoil on site SF 3050 $0.06 $155.00 Fine Gradin 5F 6100 $0.06 $366.00 Seeded Bluegrass SF 900 $0.16 $144.00 irrigation Allowance Does not include to $3000.00 SUBTOTAL $5262.50 i �t 16 Aspen I collected v cal. 12 $75.00 "00.00 Ponderosa Pine 6' 3 $160.00 $460.00 Reve etation Native Grasses 5F 80-m $0.16 $1292.32 organic. Amendment 3 cY / 1000 5F 5F 4488 $0.15 $6'I3.20 5 read Topsoil 1/2 topsoil on site 5F 4488 $0.06 $269.28 Fine Gradin SF 89T1 $0.06 $558.62 Seeded Blue rags 5F 900 $0.16 $144.00 ' Irrigation Allowance Does not include to $5000.00 SUBTOTAL $'72q 7.42 Lot 25 Aspen collected 1" cal. 5 $i5.00 $375.00 Ponderosa Pine 6' 1 $160.00 $160.00 Reve etation Native Grasses SF 5304 $0.16 $1328.64 Organic Amendment 3 cY / 1000 SF SF 4152 $0.15 $622.80 Spread Topsoil 1/2 topsoil on site SF 5052 $0.0(01 $303.12 Fine (5radinq 5F 10104 $0.06 $606.24 Seeded Bluegrass SF 1000 $0.161 $160.00 irrigation Allowance Does not include to $5000.00 SUBTOTAL $6555.50 I ;The Moore Family PUD I '/28/47 Landsca a Cost Estimate Paiqe Seven "em / Task / Plant comments i Unit Ouantitw Unit cost Unit Total Lot 26 Aspen Collected 1" cal. 5 $15.00 $3i5.00 Ponderosa Pine 6' 1 $160.00 $160.00 Reve etation Native Grasses 5F 5304 $0.16 $1325.64 Or anic Amendment 3 CY / 1000 5F 5F 4152 $0.15 $622.80 5 read To soil 1/2 topsoil on site 5F 5052 $0.06 $303.12 Fine Gradin SF 10104 $0.06 $606.24 5eeded Bluegrass 15F 15000 $0.16 $2860.00 Irriclation Allowance Does not include to $5000.00 5UBTOTAL $92"T5.80 Lot 27 I Aspen Collected 1 1" cal. 5 $'75.00 $375.00 Ponderosa Pine 6' 1 $160.00 $160.00 Reve etation Native Grasses 5F 92116 $0.16 $148"7.36 Or, anic Amendment 3 CY / 1000 5F 15F 4645 $0.15 569 T.20 5 read Topsoil 1/2 topsoil on site SF 5545 $0.06 s332.88 Fine Gradin 5F 11096 s0.06 $665.76 Seeded Bluegrass 5F 1500 $0.16 $255.00 Irri-gation Allowance Does not include to $5000.00 5UBTOTAL $ 7006.20 Lot 28 I Aspen (10168 5F lot) Collected 1" cal. 6 $75.00 $450.00 Ponderosa Pine 16'1 2 $160.00 $320.00 Reve etation Native Grasses 5F 6568 $0.16 $1050.56 Organic Amendment 3 CY / 1000 5F 5F 5284 • $0.15 s492.60 Spread To soil 1/2 topsoil on site 5F 4164 $0.06 $251.04 Fine Gradin SF 8568 $0.06 $502.08 5eeded Bluegrass ISF 1600 $0.16 $288.00 irrigation Allowance Does not include to $5000.00 5UBTOTAL $6354.60 Lot 29 As en I Collected 1" cal. 5 $-75.00 $3i5.001 Ponderosa Pine 6' 1 $160.00 $160.00 Revecletation Native Grasses 5F 10164 $0.16 s1626.24 Organic Amendment 3 CY / 1000 5F 5F 5062 $0.15 $-762.30 Spread Topsoil 1/2 topsoil on site 5F 5982 $0.06 $358.92 Fine Gradin 5F 11964 $0.06 $717.84 I 5eeded Bluegrass 15F 1500 $0.16 $258.001 -Irrigation Allowance Does not include to $3000.00 SUBTOTAL I I I $'7288.50 Th e Moore Family PUD �/28/9-► ,Landscape Gost Estimate Page Eight im / Task / Plant comments Unit Cuantity Unit Cost Unit Total Lot 30 Aspen Collected 1" cal. 8 $i5.00 $600.00 Ponderosa Pine 6' 3 $160.00 $450.00 Reve etation Native Grasses 5F -M54 $0.16 $1245.44 Organic Amendment 3 CY / 1000 5F 5F 3892, $0.15 $583.50 read To oil 1/2 topsoil on site 5F 4'I92, $0.06 $25-7.521 Fine 6radin 5F 9584, $0.06 $575.04 Seeded Bluegrass 5F 1800 $0.16 $258.00 Irrielation Allowance Does not include to $5000.00 5U5TOTAL $ 7059.80 Lot 31 Aspen Collected 1" cal. 13 $-75.00 $9-75.00 Ponderosa Pine 6' 2 $160.00 $320.00 Reve etation Native Grasses SF Tf84 $0.16 $1245.44 Organic Amendment 3 CY / 1000 5F 5F 3892 $0.15 $553.50 5 read Topsoil 1/2 topsoil on site 5F 4'792 $0.06 $257.52 Fine 6radin i 5F 9584 $0.06 $5-75.04 Seeded Blue rags 5F 1500 $0.16 $255.00 IrriLlation Allowance Does not include to $5000.00 SUBTOTAL $�2i4.80 I TOTAL PHASE 2 436586.66 Phase 3 �Upper Beneh Area (Does not includes read topsoil) Reve etation Fall seeding,no irri . 5F 42474 $0.16 $6i95.84 Fine 6radin SF 42474 $0.06 $2548.44 Boulder retaining allowance As per conditions LB $5000.00 Erosion control mat For slopes min. 2:1 5F 20000 $0.25 $5000.00 SUBTOTAL $19344.28 TOTAL PHA5E 3 19344.28 i i 171 1-1 TL, o ful��ro �ar►� i li i PI In ! I 7/28/q'I i Landscape Cost Estimate Page Nine ,m / Task / Plant Comments Unit auantitg Unit cost unit Total .lase 4 Upper Bench Area (Does not includes read to soil) Reve etation Fall seedin , no irria. 15F 66T12 $0.16 $10683.52 Fine Gradin 5F rbro= $0.06 $4006.52 Boulder retainin4 allowance As per conditions L5 $5000.00 Erosion control mat For slopes min. 2:1 5F 50000 $0.25 $12500.00 SUBTOTAL $32189.84 TOTAL PHASE 4 $52159.84 i PROJECT SUBTOTAL $8,755-74.25 CONTINGENCY $35133."f'1 PROJI`GT TOTAL $911006.00 SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE ASPEN HIGHILMDS VILLAGE ?.U.D. T'dI5 SL-BDI17IS10N=MPROVEMENTS AGREEMENT ("Agreement"), made and entered into th_s lc' day of Z2V-0&rt 1998, by and between :i1VES H1GnLANDS LIM__ED PARTNERSHIP, a Delaware limited oartnershio (hereinafter referred to as "Owner") and THE 3CA.RD OF COUNTY ccmM!SSIONERS of the County of Pitkin, Colorado, as the governing body of ?_tkin County, Colorado (hereinafter referred to as "BOCC" or "County"). W I 7 Y E S S 3 T H A. The Owner has received final approval for a Site Saecif'_c Development Plan from the 30CC for a subdivision known as The Aspen Highlands Village P.U.D., a Planned Community, as set forth in the Detailed Submission Consolidated Documents, consisting of: ♦ Thirty-one (31) detached free-market dwelling units; ♦ Thirty-two (32) townhouse free-market residential dwelling units; ♦ Seventy-three (73) tourist accommodation units; ♦ Thirty-eight (38) dorm units; ♦ Twenty-two (22) Category 4 affordable housing sale units (4 bedroom); ♦ One (1) Category 4 affordable housing sale unit (3 bedroom) ♦ Twenty-eight (28) Category 3 affordable housing sale units (3 bedroom); ♦ Eight (8) Category 1 affordable housing sale units (1 bedroom); ♦ Eight (8) Category 2 affordable housing sale units (1 bedroom); ♦ Two (2) Category 3 affordable housing rental units (1 bedroom) ♦ Five (5) Category 3 affordable housing rental units (2 bedroom) ♦ Ten (10) Caretaker Dwelling units; ♦ Twenty-one thousand six hundred (21,600) square feet of retail space (Net Leaseable Area "NLA"); ♦ Fourteen thousand one hundred twenty five (14,125) NLA restaurant space; ♦ Twelve thousand (12,000) square feet of accessory skier services (NLA) ; ♦ Four thousand eight hundred (4,800) square feet of condominium rooms and meeting rooms (NLA); ♦ Two thousand two hundred (2,200) square feet of ski area storage (NLA); ♦ Four hundred fifty (450) parking spaces for the Aspen Highlands Ski Area; and, ♦ No less than `wo hundred thirty (230) off-street parking spaces Itllll tllll tllltl Ililll illl Itll itllltl III 11111 I111 itll 42=1 10/19/19a 03:53P SUB I1VR DAVIS SILYI 1 of 38 R 0.00 D 0.00 N 0.00 PITKIN CMMTY CO (hereinafter collecti-Jely the "Project") on that certai. real property (the "Property") located in ?it:{in County, Colorado, more particularly described on the Final ?lat of The Aspen 4-4chlands Villace ?.U.D. (herein °Subdivision Plat") which plat is filed of record in Plat 3cok,+_7 ac Page �_ in the real property records of pitkin County, Colorado. (Since decal led submission, a small modification has been made to the affordable housing unit mix. This chance was approved by the BOCC ac final Plat. The current Clan shows one hundred twelve (112) affordable housing snits, housing 267.75 people. This comrares to the^previous approvals which contained one hundred eleven (!--I) af_or:.able housing units housing 267.25 people.) B. The County has fully considered and approved the Decailed Submission, as evidenced by Pitkin County Resolution No. "Granting Detailed Submission, Planned Unit Development, Subdivision, and 1041 Environmental Hazard Review Approval, Condcminiumization Approval, Transferrable Density Rights Receiver Site Approval, and Special Review Approval `h _or :-he Aspen Highlands Village PUD Project" (herein the "Resolution" or "Detailed Submission Approval"), recorded in the real property records of Pitkin County, Colorado, at Recept=on No. 2'<vz� and as evidenced by Pitkin County ordinance Nos. - recorded in the real property records of Pitkin County, Colorado, at Reception Nos. —� �-- C. The County has fully considered the Final Plat of The Aspen Highlands Village p.U.D. as evidenced by Pitkin County Resolution No. 98- 79 granting Final Plat Approval, recorded at Reception No 1_�2 D. Subsequent to obtaining approval of the Detailed Submission and amendments, the name of the project had been referred to as "The Aspen Highlands Base Village P.U.D.". All references to The Aspen Highlands Base Village P.U.D. or the "Project" shall mean and refer to "Aspen Highlands Village". E. This Agreement evidences the Owner's agreement to the conditions contained in the Resolutions as required by the subdivision regulations contained in the Pitkin County Land Use Code. F. in granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") in effect for this Project, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions and requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. i niiii niii iuni loin u�i iu� iiiuu m imi uii uo G. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hers_nafter agreed to will to fa_th:ully performed by the Owner, its successors and assigns. The owner Is willing to enter into this Agreement, and provide such assurances to the County. AGREEMENT NOW, 7:4EREFORE, for good and valuable consideration, it is agreed by and between the Owner and the 30CC as follows: 1. Water System. Owner agrees to insta_1,. or guarantees installation of a central water system connected to the City of Aspen water system to provide. water service to Aspen Highlands Village, including water servce to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and specifications provided to Owner by the City of Aspen. 2. Roads. The Owner agrees to install or guarantees installation of the private or public roads in accordance with plans submitted and approved by the County in the Aspen Highlands Village P.'J.D. Detailed Submission. Roads shall be constructed in cor_formance with all requirements set forth in the Detailed Submission Approval. 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service to Aspen Highlands Village, including electric service to the lot line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to owner by Holy Cross Electric Association. 4. Telephone Service. Owner agrees to install or guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to Aspen Highlands Village, including telephone service to the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. West Communications. S. Natural Gas. owner agrees to install or guarantees installation of natural gas lines to provide gas service to Aspen Highlands Village, including gas service to the lot line of each lot within the Subdivision. Natural gas lines shall conform to the requirements and specifications provided to Owner by EST Energy. 6. Waste Water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and lines to provide sewage disposal service to Aspen Highlands inui niu nm111111111111111111111111111111111 IN Village, including sewage disposal service to the lct line of each lot wit:Zin the Suhdivision. Waste ;pacer ccilect-onsystems and lines shall conform. to the recruirements and spec_f_caticns provided to owner by the Aspen Consolidated Sanitation District. 7. Undergrounding of Utilities. Owner shall underground all new utilities in the ?roject with the exception of required surface mounted transformers, telephone and cable ta;evision pedestals, natural gas, pump and pressure reducing stations, fire hydrancs, meters, and similar appurtenances requiring above -grade installation. Irrigation, snowmaking, and domestic water pump stations will -be either sheltered or placed underground. 8. RFTA Payments. Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing Cast lejMarcon Roaring Fort Transit agency (RFTA) route that will trigger a requirement for the Owner to ;Hake a payment to RFTA for the purchase and operation of one (1) additional bus on the route. (See Exhibits "A" and "D") 9. Public Trails. Owner agrees to construct or provide security for the construction of the public trails as included in Exhibit "A" (the "Project Public Improvements") attached hereto and made a part hereof, in conformance with Detailed Submission Approvals. Two public trails are to be constructed, one next to Maroon Creek Road. The cost for this trail is included in Exhibit "A" and Exhibit "E" (the "Maroon Creek Corridor Improvements Estimate"). The second public trail is shown on the plat as part of Thunderbowl Lane. It links the Fighlands Village to the Moore PL-D along Powderbowl Trail. Exhibit "A" includes the construction of this trail. 10. Traffic and Transit Parking Plan. The Owner shall implement a comprehensive traffic/transit/parking monitoring system plan, which shall include measures to ensure increased mitigation actions if monitoring shows that the mitigation plan is not adequate. The Owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for County and RFTA review. if traffic impacts exceed traffic projections, additional mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan", dated February, 1997, so as to require mitigation for those additional impacts, the additional mitigation required by Owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and/or Pitkin County Engineering Department). uimi m mo im uii • 0 la �f the trips generated are lower than the pro; ections contained ir. the Detailed :ranspor=ation ?'-a=" shall be entitled to suggest programs then being funded. finding by the 30CC that the however that Owner snail not portion of its infrastructure below. "Revised Maroon Creek Corridcr , dated February, 1997, the Owner a redL'cticn in the traffic mitigation Such reduction shall be based upon a reduction is appropriate; provided, be entitled to a refund for any donation described in Paragraph 17 11. Const-^,iction ?hasina Schedule. The Project ?ublic :mprovements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in accordance with the phasing plan set forth in Exhibit "B" attached hereto and made a part hereof (the "Aspen Highlands Village Phasing Plan") Variations in the phasing schedule shall be permissible in order to provide on -site flexibility in completion of the Project Public Improvements. 12. Construction Management Plan. The construction management plan will be as set forth in Exhibit "C" attached hereto and made a part hereof (the "Aspen Highlands Village Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan, the staging of construction equipment and materials, and public notification other public inconveniences during plans for road closures or any construction. 13. Dial -A -Ride. Owner agrees to implement a "Revised Aspen Highlands Village Castle Maroon and Dial -a -Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit "D", the costs of which are set forth in Exhibit "A". 14. Landscaping. Owner agrees to install or provide security to ensure the installation of landscaping as depicted in the Aspen Highlands Village P.U.D. Detailed Submission, and specified in the Project Public Improvements. The Owner shall implement and be responsible for the performance of all be landscaping associated with Phases 1 through 4, which shall a secured by a bond enforceable by the County in an amount equal l to one hundred percent (loot) of the estimated cost of completion. All plant materials used in the landscaping shall be guaranteed for two (2) growing seasons after the initial installation. Owner shall revegetate all disturbed areas with a mixture of indigenous grasses and wildflowers. The use of invasive grasses shall be prohibited. Owner shall also implement a weed control plan, especially in the wildflower meadows, the first level of which provided, however, that chemicals may be shall be non -chemical; used if non -chemical weed control fails. 15. As -Built survey. The location of various elements of the Project as shown on the PUD Plan, Final Plat or civil drawings -5- IIIIII lull 111111 IIIIII II11 Ilil Illlill III 111111111 IN 423271 10/19/1995 03:53P SUM IMPR DAVIS SILVI .... s m ma n m as N a A0 PITKIN COUNTY CO submitted therewith, including but not limited to, utilities, roads and trails', represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative to ccnst ruction may ressire minor deviations or variations as to the locaticn of such improvements. At such time as construction of any or all of the Project e'_ements is complete, Owner may cause the precise location of such=mprovements to be surveyed. Based on such surrey, the County Manning Director may at the recuest of Owner anprove insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations in the as -built surveyed location of any such improvements. lb. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the Project Public Improvements and full compliance of the conditions and covenants of this Agreement and the Detailed Submission Approvals, including site restoration in the event the work undertaken pursuant to the earth -moving permit is not substantially completed. Owner shall secure the financial assurances required in this Paragraph by obtaining a surety bond in a form approved by the County Attorney. The Project Public Improvements shall include those items set forth on Exhibit "A". If a metropolitan district is formed, the assessments shall be based on assessed valuation. Installation of landscaping will not be funded by the special metropolitan district. • (a) No Security for any Project Public Improvements shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Moon the issuance of the first excavation, demolition or grading permits for any of the Project, Owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the first phase is $SOO,O00.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) As the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public works shall inspect the work within thirty (30) days of written request made to the Public Works Department and the Pitkin County Attorneys Office, and on reasonable acceptance of the improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than 'punch list" type work for which the County may require continuing security. (c) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject un�i nui nim iiiui im mi 1111111111111111111 IN to establishing Satisfact--_r:I partial complet_or. Of the improvements, suc:1 partial releases shall be _ranted. (d) to respond (45 ) days of any request for part=al or final release shall ccnstitute acceptance of the improvements by the Pit_%:in County 3ngineer or Pitkin County Director of Public �iorks and release or partlai release of the security shall be granted. (e) cwner may cause a Special :rtetrcpolitan District to be formed for ou--cses of financing and maintenance of all or part of the construction or the Project Public Improvements. If suc:z district is formed, then at the time the d1s=4 ct obtains Funding from the sale of bonds or other sources suf_icier_t for the construction of to Project Public :mprcvements; Owner shall be entitled to a release from the County or anecu:oalan�amount of Security provided t e County Attorney is salr' s_1d County's ability to have the Project Public=mprovements completed in the event of Owner's default. I`_ the County attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 17, Maroon creek Road/Highway 82 Intersection. ,Upon the Owner shall escrow Six Hundred recordation of the Final Plat, Fifty Thousand Dollars ($650,000.00) which must be used for infrastructure improvements along the Maroon Creek/Castle Creek/Highway 82 intersection and Maroon Creek Road. The cost projections for these improvements are set forth on Exhibit Owner will make he improvements described on Exhibit "", and the County may use the remaining funds for other improvement within the Maroon Creek corridor, inclusive of the Maroon Creek/Castle Creek/State Highway 82 intersection. The Owner shall not be responsible for any additional cost of these proposed improvements above the Six Hundred Fifty Thousand Dollars ($650,00.00) provided herein. In addition, the Owner shall contribute Three Hundred Fifty Thousand Dollars ($350,000.00) for long-range improvements to the Castle/Maroon intersection as part of the Entrance to Aspen FEIS. 18. Improvement Maintenance Agreement. naccordance with Section 6-4.5(b) of the Code, Owner shall, priort o the conveyance, sale or transfer of any single family lots within the Project (excepting transfers by Owner or its assigns of provide for undeveloped lots or the granting of liens to lenders), maintenance by the Aspen Highlands Village P.U.D. homeowners' association or other Special Metropolitan District in perpetuity of all Project common improvements not accepted for dedication by the County or the utility providers. i nail nui mm min pu iiu inmi iii nNunum 1g. Certificates of occupanc. Once a bond has been posted with .he Cour_L.7 to cover the cost of the Affordable Housing Units in 31ocks B, F, and G, and Affordable3ousing Units in Block D, Building 3, all Free -Market Units in the Single Family and Townhcmes shall be entitled to Certificates of Occupancy, subject to satisfaction of ail other requirements necessary to obtain a Certificate of Occupancy. In the ever.= Certificates of Occupancy have not been issued for the Affordable Housing Units in Blocks B, F, and G, and Block D, Building 3, by December 1, 2001, the County may pursue the remedies provided for in Paragraph 25 herecr. 3uildings 2, 4, 5, and 3, Block D, contain m=xed land uses, including Affordable Housing Units. Certificates of Occupancy shall not be issued for free market spaces in _hese buildings until Certificates of Occupancy have been issued for the Affordable Housing Units in the corresponding building. Nothing in this Paragraph shall prevent Owner from obtaining demolition, grading, excavation, foundation, building perm -its, or any other permits for the Project. 20. Execution of Final Plat. The Owner's obligations to construct the improvements hereunder are expressly contingent on the Owners' recordation of the Final Plat in the real property records of Pitkin County, Colorado, and on the BCCC's approval of the Final Plat. 21. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant to C.R.S. §24-68-101 et.sea. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property for five (5) years. Upon completion of Phase 1, as defined in Exhibit "B", the Development Approvals shall be deemed vested in perpetuity. 22. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. 23. Bulk Sale. In the event Owner does not develop the Subdivision, Owner may sell all or a portion of the Subdivision in bulk to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. 24. Assignment of Tntarsst and Obligations. Owner may t - st in the Property tc a third party, who shall assign _ nt=r'- - including :he develop t incl=he ?rcperzy or port_cns zereo ccnsc rsct_on of the Project Public Improve'.'.iencs contemplated hereunder, in accordance with and subject to the provisions of ere ?der, in Owner may also assign certain of its onl_gaL=cns hereunder to any one or more special districts or acmeowrers associations to be formed for purposes of per=ormina suc- obligations. 25, Remedies of County. =n the event Owner shall fail to construct the Project Public=mprovements for which it is responsible under this Agreement in accordance with plans and/or specifications appearing in the drawings approved by the County, for the completion of said Project and within the schedule set Public Improvements, the Ccunty shall provide Owner with a notice together with the of nor. -compliance ("Notice of Ncn-Ccmpliance ) g right for a period of ninety (90) days after the receipt by Owner Of such notice for Owner to cure such non-compliance or schedule a hearing with the BOCC. Provided, however, the Owner may reasonably modify the schedule for construc-ion of any Project Public Improvements by providing written nccice to the County. The Notice of Non -Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. If Owner, by written notice to the County given pr=or•to the expiration of the time to cure set forth in the Notice of Non - Compliance, disputes whether or not a default exits BthenCCC sas soon as practical within said ninety (90) day period, conduct a hearing (the "Non -Compliance Hearing") to0dete mwner ane whether or not a default exists. At such hearing , present any evidence relevant to the alleged default. Should the BCCC determine at the hearing that a default exists, then Owner shall have ninety (90) days from the date of the hearing within at the which to correct the deficiencies, weather permitting. expiration of said ninety (9o) day time period, Owner is proceeding with due diligence to correct the deficiencies, weather permitting, then said time period shall be extended for so long as Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non-compliancewithin the cur time provided or in the event a Non -Compliance Hearing shall where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) No default hereunder by Owner shall result in any revocation or termination of the Project approvals as described in the Resolutions. Once the financial assurances required by this Agreement have been released, the County specifically waives any -9- imii,nia nim iiiin pii uu 1111111111111111111 IN right it may have to object to the Project Public Improvements or to recuire the Owner to perform additional work, notwithstanding guarantees and warranties. (c) In the event the County draws on the securrt_r to correct deficiencies, _t shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to correct the deficiencies or properly complete the Project. The County shall be obligated to make a good faith effort to complete the oroject, provided that the County may decide to only secure public health, safety, and welfare. In such evert, the Cou:-ity may only draw on the bond in an amount necessary to complete said work in as economical and efficient a manner as possible. (d) -Nothing contained in this Agreement shall limit other remedies available to Pitkin County under Colorado law. 26. Entire Agreement. This Agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not be modified except by a written agreement duly executed by all parties. 27. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the dxpiration of three (3) days after it is deposited in the United States Mail, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County: Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, CO 81611 with a Cow to : John M. Ely Pitkin County Attorney 530 East Main Street Aspen, CO 81611 If to Owner: c/o Bob Daniel Hines Highlands Limited Partnership 426 E. Main St. Aspen, CO 81611 With a Cony to: Gideon Kaufman, Esq. Kaufman & Peterson 315 E. Hyman. #305 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. 28. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and -10- 111111 I1111111111 11111111111111 II11111111111111 Ill 1111 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI -- - - -- - - -- u M MM nv vTu enturry en for reference, and in no way define, limit, extend, or describe the score of this Agreemen: or the intent of any orticns hereof. 29. Conf'_act. phis agreement is 'intended to amplify and carry out certain of the provisions of the Resolutions. In the event of anv conflict between the provisions of this agreement and the Resoluticns, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. 30. Force majeure/Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal condit'_ons, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the perfEormance hereunder shall be extended for a =ericd equivalent to the period of such delay or hindrance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimned fcr the calendar year or other period. 31. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of this entire Agreement. 32. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 33. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. 34. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issues, was the prevailing party in the action. -11- Illlll I illll llll11111111111111111111 HIM III lip 420271 10/15/1998 03:33P SUB IMPR ORVIS SILVI tt „e is D m mn n a Po N A an DiTtrtu entwTv rn 35, Clas=cal srrors. In the event any clerical, administ,ati-re or other errors are =Dunn in this Agreement or any legal descriptions or other exhibits hereto, or in the event any e:czibit sha1= be aissi.a, the parties agree to prom tl y execute, acany anowledge, in4tial and/or deliver, as necessarr, documentation in order to correct the erroneous document, description, exhibit, or to provide any missing exhibit. 36. Estoppel Cert;ficata. From time to time, Owner shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to Owner or another party designated by Owner such as a construction lender, that at the time of the issuance of such certificate, and t as otherwise noted thereon: (i) no Netice of Non- exceoCom-olance has been given to the County; (ii) this Agreement is excep in_ul 1 force and effect; and, (iii) the County has no knowledge of any default under this agreement on the part of Owner, nor does the County have knowledge of the existence of any circumstances which with the passage of time would give such t such default. In addition, the certificate shall provide other information as Owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The ificate shall not be unreasonably withheld issuance of such cert or delayed by the County. IN WITNESS AHEREOF, the parties have executed this Agreement as of the day and year first written above. BOARD OF COUNTY CO OLORADOERS OF PIT- COUNT`_' , By' eorothea Farris, a=rperson ATTEST: B e. e ea�J OWNER: SINES HIGHLANDS LIMITED pARTgEggHlp, a Delaware APPROVED AS TO FORM: B 3 y ttorney John M. Ely, limited partnership, by ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, its Ge 1 Pa ner By Cla� -f Sty I lllill illll 111111 IIII11 Illl Illl If11111 III HIM III IN V;ct � 5� -�- 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 12 of W R00 D 0.00 N 0.00 PITKIN C0MTY CO •• -1. ST ATF OF COLORADO ) } ss. COUNT`_ OF The foreQoir_c ins-rume_^_t was acknowledged before one this 1� day of QG_J 199s, by Dorothea ^ar_is, as Chairperson of the 30ARD OF COUNT`_' CO:�Il�IISSlONERS OF PITK_V CCUNT'_', COLORADO. ����a�. my hand and of=ic" al seal. till., �5sion expires . 2 Il Io2 �; • a Notary Puri_c STATE OF LL ) ss. COUNT'-' OF The foregoing inst_!t ument was acnowledged before me this l3 day of 1998, by C \C�v �Or1 T Sin 't as Q%k + s,'n1c�,n of ASPEN HIGHL.-U DS SKIING CORPORATION, a Delaware corperat_on, as a General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership. witness��� �,d and official seal. My co 3? NQ Aw, Tires: %yew�,, •� NOt3r'� P _1C / /h��nplry1111O MY COMMISSION EXPIRES: Deoamoer4.1999 111111111111 HIM 111111 IIII 11111111111 III 111111 III IN 423271 10/15/1998 03:33P SUM IMPR DAMS SILVI 13 of 30 R 0.00 0 0.00 N 0.00 PITMIN COUNTY CO C:\clients\HINES\subdivision imp agr-clean 0 -13- is LIST OF =HTBITS E;chibit A - Project public :mprovements Exn:bi+- g - Aspen Highlands Village Phasing Plan Exhibit C - Aspen Highlands Village Construction Management Plan Ex:.ibit D - Revised Aspen Highlands Village Castle Marcon and Dial -a -Ride Service Plan Exhibit E - Maroon Creek Corridor Improvements Estimate I itllll l to/ lllll illlll111111111111111111111 423271 10/1B/1988 03:53P SlJB I?"AV1111111111 D 14 of 30 R 0,00 0 0.00 N 0.00 PITKIH COUNTY CO 0 -14- 0 §§���? ��iz�r o'c alb o _ ?�89A'7I A^2°i: rA-9e is avid min m0 ^'♦r Mew r wlr r M w w r M w r w r M» wIM » rlw +NM »�r »Ir N R I c e E 3 i ^� Q . . . . . . . . . . . . . . . . . . . . . ^ »I j] N re ask 2 a _� Ana-^_g spa• ���� �����_s-���� bt F i $roS�.�.„•���a �7 " SY o 3� O t :ll e- � QQ QQQQ5�5� iw � X. w + � a r O " � fro-^_� s�:• ��.��. Ao��.:�.�a-��^� e av a�. ! -� n w ^^ o o S e n s i •n it 2 t � s aC . ■ r i u i mui�nim iiim pii mi inpn iiNVIS i nunii14Y Summary Aspen Hizhiaads Village (Prepared Jammry 1998 Landscape lost Esn=e I Site Description Cost Day Sider Pidang and Village Em=ce S 266.023.57 Vidlage C= Area S 289,266.85 Thunderbowl Neighborhood S 159,999.39 Maroon Ndzhbortiood I S 80,074.57 Affordable Ho I S 145.194.17 Sid Run Rave c=cn S 17,115.00 Weed I S 64.800.00 $ 1,022,463.55 1111111 hill Milli Mill 111111111111111111 HIM III (III 423271 10/15/1998 03:53P SUB IM!•R DAVIS SILVI 15 of 30 R 0.00 D 0.00 N 0.00 PITMIN COUNTY 00 0 Page 1 0 Entrance and Day Skier Parking Aspen Highlaads Village Prepared January 1998 Landscam Cost Estimate; Enu=ce and Dav Skier Panting Ares jQnantity Size !Description Unit Tot2l 20 108ft ':ColaEng Spruce I S 312.23 S 6,244.60 20 i 12ft CoioiEng Spruce S 569.54 , S 11,390.80 1 18 16ft iCoWiEng Spruce ! S 1,138.15 S 20,486.70 31 !2"cal. IAsven NG S 199.96 1 S 6,198.76 31 13"cal. 'Aspen NG S 237.65 1 S 8,917.15 22 X cal. IStreet Trees S 31223 i S 6,869.06 I 171 15 Gal. IDeciduous Shrub ! S 28.48 I S 4,870.08 1 2,500 : 1 Gal. IPcrenniais S 8.77 S 21,925.00 200 (Flat Perennials I S 58.20 1 S 11,640.00 I 2,725 I SF I Bluegrass Sod S 0.65 I S 1,771. c 110,500 !SF ILow Native Seed S 0.13 1 S 14,365.00 I I I 560 1 SFF I Walls Drystack I S 24.09 S 13,490.40 1,300ICY ITopsofl S 41.58 S 54,054.00 123,125 'SF Fine Grade I S 0.06 S 7,337.50 120 iLF I Steei Edger 4In j S 1.67 ! S 200.40 90 ICY I Mulch 1 S 31.71 I S 2,853.90 185 'ICY Planter Mix I S 41.38 S 7,692.30 I I 1 1 I LS [rogation I S 65,666.67 S 65,666.67 S 266,023.57 I i � Based on drawings by Robert A. Stem Architect Sheets L201 and L201.3 Dated 1-20-98 111111111111 HIM 111111111111111111111111111111111 IN 423271 10/15/1998 03:33P SUS IMPR DAVIS SILVI 17 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 Page 1 0 Village Core Area Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Village Core Quantity Size Description Unit Totai 10 IOFT Spruce S 449.08 S 4,490.80 5 ! 14FT Spruce S 788.31 S 3,941.55 5 1 16FT Spruce S 1.138.15 S 5,690.75 2 Spruce S 1,651.85 i S 3,303.70 l Spruce S 3,520.62 : S 3,520.62 3 i 2" :al. Amen NG S 199.96 S 599.88 57 3" cal. Aspen NG : S 287.65 S 16,396.05 8 1 3" cal. Street Trees S 31=3 i S 2,497.84 132 : 5 Gal. Deciduous Shrubs S 28.48 S 3,759.36 2,700 ! 1 Gal. Perenniais S 8.77 S 23.679.00 I I 12,000 1 SF I Bluegrass Sod $ 0.65 1 S 7,800.00 21,000 1 SF Low Grass Seed I S 0.16 1 S 3,360.00 � I 220 1 TON River Bouider S 63.12 1 S 13,886.40 1,585 i SFF Planter Wall Con S 44.33 1 S 70.263.05 2,520 SFF I Planter Wall Dry I S 27.37 1 S 68,972.40 607 I CY I Topsoil S 41.58 1 S 25 239.06 6,500 1 SF Fine Grade S 0.06 i S 390.00 600 1 LF Steel Edger 4 In. I S 1.67 ! S 1,002.00 50 ! CY Mulch I S 31.71 i S 1,585.50 1 ! LS Irrigation ! S 28,888.89 ! S 28,888.89 S 289.266.85 I Based on Robert A. Stern Architects L201 and 1-201.3 dazed 1.20-98 111111111111 HIM 111111111111111111111111 HIM III IN 423271 10/19/1998 03:93P SUB IN" MVIS SILYI 18 of 30 R 0,00 0 0.0@ N 0,00 PITKIN COUNTY CO Page 1 Thunderbowi Neighborhood Aspen H4blands Village i _ Landscape Cost Estimam Prepared January 1998 Thunderbowl Neighborhood � I , Quantity i Size Description Unit Total 10 i 04ft Spruce S 145.04 1 S 1,450.40 25 : 0611 Spruce S 208.15 S 5.203.75 25 I08ft Spruce S 312.23 S 7,805.75 25 [Oft Spruce S 449.08 S 11.217.00 25 i 1211 i Spruce S 569.54 ; S 14.238.50 12 114ft I Spruce S 788.31 S 9.459.72 5 1 16ft 1 Spruce S 1,138.15 I S 5,690.75 I I i 150 1 5 Gal. I Aspen S 26.84 ; S 4,026.00 100 i 7 Gal. Aspen S 52.04 1 S 5204.00 75 1 1.5" Cal. Aspen NG S 136.85 i S 10,263.75 20 1 2.5" Cal. Aspen NG S 232.73 S 4,654.60 100 i 2" Cal. Aspen NG S 199.96 S 19,996.00 10 ! 3" Cal. Aspen NG S 287.95 1 S 2,378.50 146.400 SF I Wildflower Seed I S 0.13 i S 19,032.00 277,400 1 SF i Native Seed S 0.08 1 S 22,192.00 1 I LS i Drip Irrigation S 16,666.67 1 S 16,666.67 I I I S 159,989.39 111111111111111111111111111111111111111111111111111111 423271 10/15/1M 03:53P SUB IM DAVIS SILYI 1S of 30 R 0.00 0 0.00 N 0,00 PITKIH COUNTY CO Page 1 Maroon Neighborhood Aspen Highlands Village Prepared January 1998 Landscaoc Cost Estimate Maroon Neienboraood i I Quantity Size 1 Description i Unit Total 5 i Oft Spruce S 145.0.4 S 725.20 10 16ft i Spruce S 208.15 1 S 2- 10 I8ft (Spruce S 312.23 S 3,1Z.30 { 10 1 loft Spruce S 449.08 1 S 4,490.80 { 10 112ft ISorucc 1 S 569.--z4 1 S 5,695.40 10 1 14ft I Spruce S 788.31 !. S 7,883.10 8 16ft Spruce S 1,138.15 1 S 9,105.20 I I 100 15 Gal. IAs= I S 26.94 1 S 2,684.00 60 i 7 Gal. i Aspen S 52.04 1 S 3,122.40 50 11.5" Cal. I Aspen NG i S 136.85 I S 6.842.50 10 12.5" Cal. Aspen NG i S 232.73 ! S 2,327.30 40 12" Cal. Asocn NG S 199.96 1 S 7,998.40 5 13" Cal. jAspen NG S 287.65 i S 1,438.25 1 1 129,200 SF Native Seed S 0.08 I S 10,336.00 l LS Drin Irrigation 1 S 12..22222 I S I , I S 80,074.57 Based on Robert A. Stern Architects I I Dated 1-20-98 Sheets L-204 and L-404DWS i iio Hilluiuinuiiiiuimnuuniiiiinnno Page 1 Affordable Housing Aspen Highlands Village Prcaared January i"I Landscaae Cost Estimate Affordable Housing I Quantity 1 Size I Description Unit Total 231NA Housing Unit Allowance S 6,312.79 ! S 145.194.17 i Based on Robert A. Stem Architects clan reduction L401.3 111111111111111111111111111111111111111111111111111 IIII 4=71 10/15/19M 03:53P SUB IMPR DAVIS SILVI 21 of 30 R 0.00 D 6.00 N 0.00 PITKIN COUNTY CO Page 1 Ski Run Reveg. and Weed Controi Aspen Highlinds Village Prepared 1amury 1998 Landsc=e Cost Estimate ! Sid Run Ve elation I i I 1 I Quantity Size i Descri»tion Unit I Total 4.891A= 1Nlatch=st. Grasses i S 3,M0.00 1 S 17,115.00 I Not mciuding unport taasoii I I I 441Acre Weed mans emem propum dtumg constn=on i S 200.00 1 S 64,800.00 Thistle and weed control by mrav or other :Weans 54 Acres for three vears. twice tier year 111111111111 HIM 111111 illl Itll 1111111 III i111111 II Iltl 423271 10/15/1998 03:LV SUB I11PR DAVIS SILVI 22 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Page 1 �e a Lij Z E/) 0 Lo ' � � �. ,• t',: �'` ` � � �� �_ if I ,. ..�,. �� � `� �. ,t n '�• 1 ice•• :.: `. y `� _' �'� L G L LW m 0�11w=Mrmwa'sM"'a0IWOMR . Ci ZAMS SIM10 b'W IM d9t0 tii2IMM 'L='f IN 1111111111111111111 It 111111111111111,11 llll IN Aspen Highlands Village Final Construction Management Plan Revised October 5, 1998 Overview This Construction Management Plan has been revised to reflect the comments and feedback received from the County Engineer, Bud Eyiar, at the annual pre -construction meeting hcid on April 23, 1998. As agrees to at he meeting, this plan is intended to serve as: • A vehicle of cooperative understandings between the Developer and the County, to be modified and amended (with mutual agreement from both parties) as required • A source of ongoiong communication with the County's Public Works/Road & Bridge Department in an effort to keep the County informed of construcrion activities, work progress, and to keep an open dialogue regarding construction issues that effect the community • An amended and approved plan for the 1998 construction schedule. The County and the Developer reserve the right to make reasonable changes (with mutual agreement form both parties) to the plan as needed. In preparing the procedures and measures to be incorporated in the construction process for the Aspen Highlands Base Village, it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the Aspen Highlands Base Village improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. Typically, TDM will principally deal with mass transit incentives and auto disincentives. However, other ideas have been investigated relative to TDM and the construction process. Outlined below are several measures the project proposes to implement as a part of the construction process. Travel Demand and Traffic Control Measures The following Traffic Control Plan has been presented and approved by the County Engineer. It will be self -performed by Gould Construction with their certified staff. During the construction of the Aspen Highlands Base Village the following TDM and Traffic Control program will be in effect: • Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Aspen Highlands Base Village from 8:00am to 8:30am and from 2:50pm to 3:30pm. The exception to this will be scheduled concrete pours that are time -sensitive due to the quantity of concrete being placed or poured at one time. • A public notification process through the local papers will be established. Pitkin County has authorized a courtesy sign at the Maroon Creek/Hwy 82 intersection. • Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. • General Contractor acknowledges that County Road 19, McClain Flats Road, is posted for a 20-Ton Weight Limit. The General Contractor shall notify all contractors/sub-contractors 16 lull IIIIII IIIIl11111 Illl lllllll 111 lil�ll Illl 4.- 1 10/13/1988 03:53P SUS IMPR DAVI ILVI 24 of 30 R 0.00 0 0.00 N 0.00 PITKIN Coutm c0 involved in this project with this information. The County shall strictly enforce the Weight Limita on thin road. • Sub -Contractors will be issued a limited number of parking permits for their workers. • General contractors will be required to provide a parking pian with their individual construction contracts. The General Contractor will contact local bike shoos with notification relative to Maroon Creek Road. The General Contractor will have to enforce public safety issues relative to truck tarTic and interface with pedestrians & cyclists. • Contractors will be required to provide van -pooling or car pooling programs as a part of their construction contract Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. • To the greatest extent possible raw materials will be stockpiied on site to try to consolidate deliveries of materials in larger quantities (for exampie gavel). • A site tra$icidelivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. • The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. • There will be no parking allowed on Maroon Creek Road or in the adjoining neighborhoods. • The Developer and the County may make reasonable changes in the hours restricting hauling activities, based upon changes in tragic loading on Maroon Creek Road and on seasonal activities in the area. The County reserves the right to stop all hauling or constrction activities on Maroon Creek Road for special events or activities (scheduled bike and/or road races, etc.). The County will give the Developer reasonable notice of the imposition of restrictions. • The Developer acknowledges that hauling activities to and from the jobsite are restricted to the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday. • The Contractor will make reasonable efforts to stage trucking activities on site to minimize empty loads to/from the jobsite. • Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriffs Office, the School Superintendent, the Pitkin County Director of Public Works and the Developer to review the construction season work program and address any concerns raised during the previous construction season. In addition to the above measures, Aspen Highlands Base Village will plan and implement the following programs: Fugitive Dust Control Plan • Dust control will be implemented from start to finish of each construction season until the project is complete. • Contractors will be required to assume all responsibility for dust control and shall cant' out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. • Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust -laying equipment and methods as may be required. • To the greatest extent possible raw material deliveries to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. ii42327m� nmuiin:iqSLM�ingmuiniiiuIini Public Notification Plan If it becomes necessary to reroute traffic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detour(s) at least twenty-four (24) hours in advance or the scheduled occurrence. All contractors will be required to notify public and/or private utility companies at least forty- eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. Notice will consist of the contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a locai newspaper or a public announcement on local radio, or any combination of these as may be appropriate. Noise Control for Construction Equipment • The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. • All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. i mui n111 nini iiiin uu mi im111u iii uniii ii im During the peak season(s), Route # 1 will serve the Aspen Core. Dial -a -ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points :rill be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route # 2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available. Departures to the airport will be scheduled ahead of time. Service Plan Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. service marketing plan. ARV intends to offer dial -a -ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. At the end of each of the first three years of operation AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3, Statistics regarding accidents and roadside calls. Based upon the review of the annual report, changes in the levels service may be made. IIIIII 11111111111 IIIII! IIII • I�lllll III 1111111 Il IIII 423271 10/13/IM 03:53P I?" DAMS SILVI 28 of 30 R 0.00 D 0.00 N 0.00 PITMIN COUNTY CO Vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. Van i inw iiimniiiiiiniiiugwuuu11111imm Exhibit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAROON CREEK ROAD BIKE PATH/ENTRY LANEAGE' DESCRIPTION QUANTITY UNIT UNIT CCST TOTAL EXCAVATICN 2,500 CY S 5.00 $ 15,000.00 3/4" ROADBASE 2.800 TCN $ 19.00 S 53,200.00 HBP 2,200 TON S 45.00 5 99,000.00 RETAINAGE 2,200 SF S 25.00 S 55.000.00 TRAFFIC CONTROL 1 LS $25,000.00 S 25,000.00 SIGNAGE/STRIPING 1 LS $ 5,000.00 S 5,000.00 SUBTOTAL $252.200.00 CONTINGENCY 15% $ 27,830.00 TOTAL PRELIMINARY ESTIMATE S 290,030.00 This is an estimate for bike path and entry laneage only and no costs resulting from sewer improvements in Maroon Creek Road will be included in the costs. As proposed in the Aspen Highlands Village Application, $850,000 is committed to corridor improvements. All costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid out of the 5650,000 no matter what the actual total ends up being. Any remaining funds could be allocated toward other suggested improvements in the comdor or toward overlay improvements upon completion of the Aspen Highlands Village project. 1111111111111111111111111111111111111111111111111111111 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 30 of 30 R 0." 0 0.00 N 0.09 PITKIN COUNTY CO Exmbit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAROON DESCRIPTION ENTRY CUANTTTY L_ANEAGE* UNIT UNIT COST TOTAL EXCAVATION 2,500 CY 3 6.00 S 15,000.00 3/4' ROADBASE 2,300 TON S 19.00 S 53,200.00 HBP 2,200 TON S 45.00 S 99,000.00 RETAINAGE 2,200 SF S 25.00 S 55,000.00 TRAFFIC CONTROL 1 LS $ 25,000.00 5 25,000.00 SIGNAGEISTRIPING 1 LS $ 5,000.00 $ 5,000.00 SUBTOTAL $252,200.00 CONTINGENCY 15% $ 37,330.00 TOTAL PRELIMINARY ESTIMATE S 290,030.00 This is an estimate for bike path and entry laneage only and no costs resulting from sewer improvements in Maroon Creek Road will be included in the costs. As proposed in the Aspen Highlands Village Application, $850,000 is committed to corridor improvements. All costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid out of the s650,000 no matter what the actual total ends up being. Any remaining funds could be allocated toward other suggested improvements in the corridor or toward overlay improvements upon completion of the Aspen Highlands Village project. 1111111111111111111111111111111 1111111M 111111111111 423271 10/15/1993 03:53P sLM IMPR DAVIS SILVI 30 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CC 6 0 The Moore Famil PUD i Grass Mix Information i ,e proposed grass mix will match the existinLi eqrasses: lKentuckq Bluegrass Poa protengis 0.05 �Sheep Fescue Festuca ovina 0.05 Orchard Grass Dact lis glomerata 0.151 Smooth Brome Bromus inermis 0.35 Timoth Grass Phleum pratense 0.151 iRo al Penstemon Penstemon strictus i 0.05 �5howy Golden -Eye Vi uera multiflora 0.02 ;Aster Aster bi lovii 0.02 Blue Flax Linum lewisii 0.02' Lu ine Lu inus perennis 0.02 Mule's Ears ethic am lexicaulis 0.02 Larkspur Delphinium a'acis 0.02 100.00% I For areas where there is existing dr land ve etation, the following mix shall be used: Kentuckq Blue rass Poa protensis 0.07 ':5heep Fescue Festuca ovina 0.08 Orchard Grass Dact lis glomerata 0.05 Smooth Brome Bromus inermis 0.31 -nothq Grass Phleum pratense 0.15 Sae Artimisia tridentata 0.1 ,Rabbitbrush Gh sothamnus nauseosi 0.03 '5nowberrq Sqmphoricarpog oreop 0.03 5erviceberrq Amelanchier ainifolia 0.03 IRoLlal Penstemon Penstemon strictus 0.02 15howq Golden- e Vicluera multiflora 0.02 ;Aster Aster bi lovii 0.02 Blue Flax Linum lewisii 0.02 ILu ine Lu inus perennis 0.02 IMule's Ears YA4ethia am lexicaulis 0.02 Larks p ur Delphinium a'acis 0.02 i 100.00% I TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Zoning Officer DATE: May 25, 2004 SUBJECT: Aspen Highlands Village PUD and Moore Family PUD Finding of Substantial Compliance -Subdivision Improvements Agreement Hines Highlands Limited Partnership has requested the City of Aspen makes finding that the developer is in substantial compliance with the conditions of the Subdivision Improvements Agreement (SIA) for both Aspen Highlands Village and Moore Family PUDs. Attached please find a memorandum from the Transportation Department outlining a revised dial a ride program from what was initially approved (Exhibit A). Also attached is a memorandum from the Housing Authority summarizing the employee generation audit for the Aspen Highlands Village PUD (Exhibit B). Finally, staff has included the SIAs for both subdivisions. Other relevant referral departments have confirmed with the Community Development Department the SIA obligations have been met at both subdivisions. Staff recommends Council make a "Finding of Substantial Compliance" with regards to the requirements of the Subdivision Improvements Agreement for both Aspen Highlands Village PUD and Moore Family PUD. 8. The Detailed Submission Approval requires compliance with all material representations made in the land use applications, supplemental materials and in public meetings. On or about September 2, 1997 Hines presented a grading plan as part of the public approval process. Sheets L-200 and L-204 ("Maroon Neighborhood Grading Plan") show a common driveway installed to provide access to Lots 13, 14 and 15. No such driveway has ever been installed. At least one version of Sheet L-204 shows a "concrete driveway". The Maroon Neighborhood Grading Plan was included as a portion of the Detailed Submission. states" 9. The Planned Unit Development Guide recorded as Reception No. 423274 "In limited instances; Hines Highlands Partnership may construct a driveway retaining wall outside of the Activity Envelopes which is not depicted on drawings L-200 (Site Plan), L-204 (Maroon Creek Neighborhood Grading Plan) and L-204 (Thunderbowl Neighborhood Grading Plan), when the Pitkin County Engineer determines that the construction of retaining wall reduces site impacts" It is our understanding that the Pitkin County Engineer has never made such a determination with respect to the retaining wall that was built in the access easement for Lot 13, 14 and 15,. 10. Sheets L-200 and L-204 are attached as Exhibits to the Planned Unit Development Guide, and constitute a representation as to the obligations of the Developer. 11. We would propose that as a condition of any finding of substantial compliance with the Subdivision Improvements Agreement that Hines be required to escrow $25,000.00 (an amount it has offered in settlement of this dispute) in an escrow account to secure its responsibilities, and that the parties agree to binding arbitration. The amount in the escrow account would not be a limitation on the amount that might be awarded in the arbitration. There is an action pending in Pitkin County District Court Civil Action No. 02 CV 104 regarding this matter which would be stayed as to Hines if arbitration is agreed upon. Best R ards, John McCormick • • McCormick Properties LLC P.O. Box 1067 Aspen, Co. 81612 970 920 4700 -O 970 948 8047-C 970 920 4719 —F www.aspenluxury.com May 19, 2004 Sara Oates Community Development Re: Highlands SIA non-compliance Dear Sara, As per our discussion I do not feel that Hines Development has completed its obligations per the Subdivision Improvement Agreement. My Reasons: 1. Certain lots in the subdivision are served by a "common driveway" and do not have direct access to the public roads. 2. In all purchase contracts, Hines agreed to build the roads and the common portions of the driveways. 3. Hines built a wall in the common driveway easement for Lots 13, 14 and 15 This is the wall you are already aware of. 4. Hines did not install a common driveway that could be accessed by Lots 13, 14 and 15. 5. In the sale of Lots 13, 14 and 15, it was anticipated that there would be a common driveway easement. This common driveway easement is referenced in the Declaration, and an unsigned draft is included in the materials provide to all buyers. 6. Hines failed to record the Common Driveway Easement for Lots 13, 14 and 15. The common driveway easement clearly contemplates that the common drive shall have already been built, as a common driveway easement anticipates maintenance and repairs issues among the lot owners using a common driveway, but has no specific language on construction of the actual common driveway. 7. The Subdivision Improvements Agreement requires the roads to be installed in compliance with the Detailed Submission Approval. MEMORANDUM TO: Julie Ann Woods, Community Development FROM: Cindy Christensen, Housing Office DATE: May 6, 2004 RE: ASPENHIGHLANDS VILLAGE EMPLOYEEAUDIT ISSUE: When the Aspen Highlands Village PUD was approved, a condition of the approval was that "An audit of full-time employees shall be conducted at the applicant's expense one year after completion of Phase Four. The applicant shall be responsible for housing mitigation of any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation, the applicant may seek a credit to be used on other Pitkin County projects." BACKGROUND: Hines Highlands Limited Partnership (HHLP) contracted Haas Land Planning, LLC to conduct the employee audit for the Aspen Highlands Village project. The use of Haas Land Planning LLC was approved by the Housing Office as an impartial third party to conduct the audit. The audit concluded that the Ritz -Carlton Club maintains about 14.75 more FTE's than had been accounted for by the approved generation factors. However, the audit showed that HHLP and the Aspen Ski Company maintained approximately 23.45 and 6.18, respectively, fewer FTE's than expected at the time of the approvals. The total FTE's of the PUD are to be considered; therefore, the final conclusion of the audit holds that the Aspen Highland Village PUD generates about 14.89 fewer FTE's than were expected to be generated when the approvals were granted. The calculations presented were correctly computed, but remain subject to limitations. Those limitations are stated below: 1. The annual man-hour figures in the audit are based on data provided by the Ritz -Carlton Club, Hines Highlands Limited Partnership and the Aspen Ski Company. Data was not independently obtained from or documented in State records or any other source. 2. Where a space remains vacant or a tenant did not provide information, the audit used the approved employee generation rates to result in neither a shortfall nor a surplus of FTE's attributable to that space. Mitch Haas stated that an audit can only be as good as the data on which it is based, and not all tenants had been able to provide multi -year data. It was impossible for Mr. Haas to extrapolate meaningful trends or even arrive at meaningful averages. 1 RECOMMENDATION: The Housing Board reviewed the findings of the audit and concluded the following: 1. Hines Highlands Limited Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village. 2. The audit concluded that there is a credit of 14.89 FTE's. 3. Condition 16 of BOCC Resolution No. 97-167 allow the Hines Highlands Limited Partnership to seek a credit to be used on other Pitkin County projects. 4. At such time that Hines Highlands Limited Partnership would want to utilize any of the 14.89 FTE credits, approval would need to be received from the appropriate elected body and the amount utilized to be noted in a recorded document until such time as all of the credits are utilized. 2 Mill 11111111111111111 lill 111111111111111111111111111 423274 10/15/2998 04:18P PUD DAVIS SILVI 37 of 52 R 261.00 D 0.00 N 0.00 PITKIN COUNTY CO 9 0 12 z 7-- �� �' /l \ , .�— _— �� � � ice' �� \� —✓`"� — _— —� i / /, , SlU-----/ X K �4— NX — ID A C, ASPEN HIGHLANDS ASFM. COLORADO 4z N\ X, 0, 0 ROBERT A.M. STERN ARCHITECTS MA WEST 3M MM. NEW YORILKY woul TEL (217) 967-SIOD - FAX C212) 967-SM MMLE E MAROON NEIGHBORHOOD GRADING PLAN L-204 Adlik rq I Mill Hill 11111111111111111111111111111111111IN IIII 423274 10/15/1908 e4:16P PUD DAVIS SILVI 41 of 52 R 261.00 D am N 0.00 PITKIN COUNTY CO 77777-'� -:7 ------------------- ZI _7 I _fINY ks 06.8 ASPEN HIGHLANDS ASPEN. COLORADO ROBERT A.M. STERN ARCHITECTS 40 WWr 3ft MM, MW YOB[. Wy loal TM(212)%7-3180 FAX(2MW."U SCH"Ej GORWN. WMR Z, SM PLAN .4U L-200 MEMORANDUM TO: John Worcester, Julie Ann Woods, and Sarah Oates THRU: Randy Ready FR: John D. Krueger RE: Aspen Highlands Village & Moore Family PUD Finding Of Substantial Compliance -Transportation Requirements DATE April 26, 2004 Attached is my draft of a document that will serve as the "closure" to transportation requirements in the SIAs for the Aspen Highlands Village and the Moore Family PUD. We have been working and negotiating these with Hines and the Metro Districts for quite a while now. Some of the conditions in the SIA have been complied with previously. The main sticking point has been compliance with the Dial A Ride requirements. Staff now feels that this issue has been resolved and that the proposed solution meets or exceeds the original requirements. With this resolution, the Transportation staff feels that it is now ready to go forward to City Council and present this packages as meeting the transportation requirements in the SIAs. This completion would also help in closing out both of these developments for the developer and the Metro Districts. Can you please review the attached memo "draft" and advise me as to the proper process that this needs to follow and review as to the proper form and content of the documents. After your help I will change as needed and then send the documents to Hines and the Metro Districts. Right now, I am hoping to get this on the May 10, Council agenda. Let me know if a meeting is the best format to review this and I will set one up. Thanks for your help and quick attention to this matter. PUBLIC NOTICE RE: ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) FINDING OF SUBSTANTIAL COMPLIANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 25, 2004, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Aspen City Hall Council Chambers, 130 S. Galena Street to make finding of substantial compliance with the Aspen Highlands Village PUD Subdivision Improvements Agreement (SIA). The request is to formally confirm that the requirements of the SIA have been performed by the developer. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho@ci.aspen.co.us. S/ Helen Kalin Klanderud, Mayor Aspen City Council PUBLIC NOTICE RE: MOORE PLANNED UNIT DEVELOPMENT (PUD) FINDING OF SUBSTANTIAL COMPLIANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 25, 2004, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Aspen City Hall Council Chambers, 130 S. Galena Street to make finding of substantial compliance with the Moore PUD Subdivision Improvements Agreement (SIA). The request is to formally confirm that the requirements of the SIA have been performed by the developer. For further information, contact Sarah Oates at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho(c�r�,ci. aspen. co.us. S/ Helen Kalin Klanderud, Mayor Aspen City Council 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax 0 To: Bob From: Sarah Oates Fax: 920-3829 Pages: 2 Phone: Date: September 27, 2004 Re: AHV resolution CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Hi Bob - Here is a signed copy of the reso. for AHV. Let me know if you need anything else. Thanks. RESOLUTION NO.7 g (Series 2004) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THE SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) FOR ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, a request was received by the Community Development Department from the Hines Highlands LLC and Zoom Flume LLC for the City to confirm the developer's substantial compliance with the conditions of the SIAs for the Aspen Highlands Village PUD; and WHEREAS, the request was forwarded to the City of Aspen Engineering, Parks, Housing, Transportation, Environmental Health and Water Departments and the Aspen Consolidated Sanitation District and any comments received from those departments are attached; and WHEREAS, during a public meeting on September 13, 2004, the City Council made finding of substantial compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: SECTION 1: The Aspen City Council does hereby find the Aspen Highlands PUD in substantial compliance with the requirements of the Subdivision Improvements Agreement including the Transportation Plan revisions attached as Exhibit 2 The Revised Transportation Plan for Aspen Highlands Village PUD and Moore Family PUD. APPROVED by the Aspen City Council as its regular meeting September 13, 2004. Approved as to form: Approved as to content John—W ceste , Ny Attorney He en alin Kland ayor Attest: -Z� Iz - Kathryn S. Ko , City erk