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HomeMy WebLinkAboutagenda.council.regular.20080414CITY COUNCIL AGENDA April 14, 2008 5:00 P.M. Call to Order Roll Call III. Scheduled Public Appearances Commuter All Star Awards IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) Resolution #30, 2008 -Property Acquisition Lot C Stage Road Burlingame Ranch b) Resolution #31, 2008 -Adoption of Pitkin County Nordic Trails c) Resolution #26, 27 - 2008 -Contract Awards for Clarifier Contracts d) Resolution #32, 2008 -Castle Creek Water Hydroelectric Improvements e) Resolution #33, 2008 -Contract Castle Creek Underpass Improvements f) Minutes -March 24, 2008 VII. First Reading of Ordinances a) Ordinance #11, 2008 -Clarifying Definition of Maintenance of Wheeler Opera House P.H. 4/28 b) Ordinance #12, 2008 - 612 West Main Establishment of TDRs P.H. 5/27 c) Ordinance #13, 2008 - Interfund Loan P.H. 4/28 VIII. Public Hearings a) Resolution #53, 2007 -Smuggler Racquet Club Affordable Housing Conceptual Development (continue to 7/28) b) Ordinance #10, 2008 -Extension of Commercial Mix/Historic Interiors (continue to 4/28) c) Ordinance #3, d) Ordinance #6, e) Ordinance #8, f) Ordinance #1, IX. Action Items XI. Adjournment 2008 -Fire Station COWOP (continue to 4/28) 2008 -Establishment of TDRs, 827 Dean 2008 -Code Amendment -Wildlife Protection 2008 - 434 East Cooper Subdivision (Bidwell Building) Next Regular Meeting April 28, 2008 MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: VI a Mayor and City Council Stephen Ellsperman, Parks and Open Space Director Jeff Woods, Manager of Parks and Recreation Apri12, 2008 April 14, 2008 "Lot C" Neighborhood Park Property Acquisition REQUEST OF COUNCIL: The City Open Space and Trails Board and Staff is requesting that City Council approve a contract for the purchase of "Lot C," located directly adjacent to the Burlingame Housing Project, for the future development of a neighborhood park for the amount of $500,000. PREVIOUS COUNCIL ACTION: - December, 2006: City Council and the Open Space and Trails Board attended a publically-noticed site visit to the property and gave Staff direction that the parcel of property would be an important asset to the community as a neighborhood park. Council directed staff to continue ongoing negotiations to purchase the parcel. March, 2007: At a regularly scheduled City Council meeting and a site visit to the property, staff presented an update on the process and negotiations of acquiring the parcel of property. Council provided direction to Staff that the parcel of property still remained a high priority for acquisition and that a neighborhood park in this portion of the community also remained a high priority. BACKGROUND: The Open Space and Trails Board and the Parks and Recreation Department initiated negotiations in October of 2006 with representatives and the owners of the Bar / X Subdivision. These negotiations were designed to obtain easement access for a public trail across their property to be known as the "Old Stage Trail" and to possibly acquire afour- acre parcel of property known as "Lot C," which was originally designed to be a cultural arts facility in the original approval of the subdivision (Exhibit A). The intent of acquiring this parcel of property was to provide a much needed neighborhood park for the residents of the Page I of 4 adjacent Burlingame Housing Project and the community as a whole. The trail easement was granted to the City of Aspen in 2006 and the "Old Stage Trail" was planned, designed, and completed in 2007. With City Council direction, the Open Space and Trails Board and the Parks and Recreation Department have continued to negotiate the acquisition of the "Lot C" parcel with the Bar / X Subdivision owners and representatives. The ownership group agreed to review a proposal from the City of Aspen which included typical design elements of a neighborhood pazk and landscaping improvements to the site (Exhibit C). The ownership group had been in the very beginning stages of discussions with local non-profits about a potential cultural arts facility on the pazcel of land, but agreed strongly with the concept of neighborhood park at this location and agreed to move forward with the process that they required internally as an ownership group, in concert with the newly formed Bar / X Homeowners Association, to sell this parcel of land. With the assistance of the City Attorney's Office, a "Contract to Buy and Sell Real Estate" and a "Bargain Sale and Deed" were completed that included specific provisions that protect the City of Aspen and the Homeowners Association interests (Exhibit B). Some of the specific provisions in these documents include the following: - The pazcel of land is to be protected in perpetuity as a neighborhood park. The Aspen Valley Land Trust (AVLT), as a third party, will hold a conservation easement on the parcel to ensure this protection. - The neighborhood pazk facility will be in concert with the "Schematic Landscape Plan" attached to the sale deed documents. The Parks and Recreation Department provided the design for this plan and feels that it works well on this property for the community (Exhibit C). - The City of Aspen will only commence work on the future neighborhood pazk facility after reviewing the plans with the Homeowners Association and the owner of the adjacent F-1 lot for their approval. This approval shall not be unreasonably withheld. - Prior to commencing work, the City of Aspen will preserve and relocate existing vegetation on the property. - The City of Aspen will install a fence of a three strand design on the south and east boundaries of the property. - The Bar / X Subdivision will provide all necessary irrigation water to serve the facility. - The purchase price of the property will be $500,000. as a portion of the Bargain Sale and Deed. 2of4 DISCUSSION: City Council, the Open Space and Trails Boazd and the Parks and Recreation Department all believe that the residents of the Burlingame Housing Project and the residents of the community as a whole require a park setting in close proximity to their homes and living spaces. Currently, no neighborhood park setting has been designed into the project and the acquisition of Lot C would provide this added recreational and quality of life element. Negotiations for this purchase and development of this parcel of land have gone through extensive discussions and review from many individuals and entities including the Open Space and Trails Boazd, City Attorney's Office, the Parks and Recreation Department, and the owners and representatives of the Bar / X Subdivision. The contract documents attached to this memorandum represent the result of this review and negotiation process and the entities involved believe that the neighborhood park project is fairly represented. FINANCIAL/BUDGET IMPACTS: The purchase price of $500,000 was negotiated at length with the current property owner and is based upon their financial investment situation for the subdivision. The Open Space and Trails Board voted unanimously that this was a fair bazgain sale price for the property based upon the extensive negotiations and information exchange. The Open Space and Trail Board felt strongly that it would be impossible to purchase a four acre property for a neighborhood park for anywhere near the $500,000 price in the community. In the March, 2007, City Council Meeting, the Council directed staff to acquire this parcel of property utilizing Parks and Open Space Funds. In addition, there was discussion about whether it would be appropriate for the Housing Fund to pay for the estimated park development costs of $300,000. If the Council decides to approve the purchase of the parcel of property, the Parks and Recreation Department will initiate a full planning and design process for the neighborhood park and a discussion about which City of Aspen Fund would be most appropriate to pay for the park development costs would be entertained at that time. As confirmed with the Finance Department, the Parks and Open Space Fund is in a healthy financial situation and will be able to absorb this cost of property acquisition. There will be some future maintenance costs associated with a new park development that would be typical of the maintenance of any park facility, and the Pazks and Open Space Fund is also fmancially able to absorb these costs, which will become defined as the final design for the facility is completed. The current schematic design includes a small playground, open turf area, and pond improvements which are typical of most neighborhood parks in the community, so it is not anticipated that these maintenance costs would be high. ENVIRONMENTAL IMPACTS: In addition to the recreational qualities that this facility would provide, there is also significant ability to include this property in stormwater management activities by including park design elements in passive stormwater detention and filtering management objectives. The proposed design also minimizes disturbance of native vegetation and topography, allowing the parcel to remain for the most part an ecological connection to adjacent open space. This facility is proposed to be a neighborhood facility, not a destination location, so vehicle trips and parking at the facility is not planned. The maintenance of the neighborhood park will include activities such as turf maintenance and native area maintenance, but it is not expected to be a significant fuel drain or emission source. RECOMMENDED ACTION: The Open Space and Trails Boazd and the Pazks and Recreation Department Staff are recommending that Council approve the Contract to Purchase the "Lot C" pazcel for $500,000. ALTERNATIVES: The Parks and Recreation Department has researched other locations for a possible neighborhood park within or adjacent to the Burlingame Housing Project. Based upon the design and layout of the parcel, there are no other opportunities within the project or directly adjacent to the project. The City of Aspen did retain the right to build a park facility of some type on a pazcel of land called the Amcor Parcel, which is currently protected by AVLT as a pazt of the entire approval process for the project. This parcel of land is not directly adjacent to the housing project and would not serve well as an accessible neighborhood park as it would involve disturbance of the open space and ecological values of this particular area and therefore it is not a suitable alternative. The other alternative would be to not move forward with the acquisition and development of a neighborhood park facility in this location. PROPOSED MOTION: I move to approve the "Contract to Buy and Sell Real Estate" for the purchase of the "Lot C" Parcel for the amount of $500,000. CITY MANAGER ATTACHMENTS: Exhibit A Property Location Map Exhibit B Contract and Sale Deed Exhibit C Schematic Landscape Plan Design Exhibit D -Resolution ~~ Page 4 of 4 RESOLUTION # w (Series of 2008) A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF ASPEN, COLORADO, AND TWO STAGE ROAD LLC TO PURCHASE PROPERTY AND SETTING FORTH THE TERMS AND CONDITIONS AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real Estate between the City of Aspen, Colorado, and Two Stage Road LLC, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract to buy and sell real estate between the City of Aspen, Colorado, and Two Stage Road LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 14, 2008. Kathryn S. Koch, City Clerk EXHIBIT B: Contract and Sale Deed Il nn l~.i„~: .11h:.. G,rn ,.p1 Ii0'yrca4 u,l 6;i'.u, I ~I~. ru a; p, rirt h~, :.,;f Coin liaJlti.eCnnr!u..:on. ~, it ts~l U, rts ih , ii :~ I D`~ _ Ttl iti MIiRM IIAti IMPl1RCAN I- LEI;.Yi. Cu N~EQUE\CES :\NU 'CHF. P.IRTIF.5 SHUUL^ CO]SI"1 l' LICE: AI. aNU Trtl OR [I'fHISR ('OCStiEI. HKFUKH. S11:NlNf.. r. x 0 ltt n I? 13 IA k5 IEi li 14 tai .fl ai t~ ~? 'S ?Ir Ytl 2Y lir ii _? 3i ~: ii 36 i' th 3r) a> 31 t, i4 u -ts .o _? .a Ct)NTRAC'1"1'(? nUY :1NU SELL REAL ESTATE IALL.'1`YPF,S OF PROFF.RTIF.S) U;uc: MarchS 2008 _-__.. _... purrhnae Vrice 500000;00_-__..__ .... _ 1. At:R6E~tENP. Buyer agrees to bu ~~. and 4r9lcr ugrec~ u> <ell, the Properr} deliucd ik tuw rttt the r•nu> and - con<liti[ats set 1'unh in rtes anuruG (C]rnrrueU. 2. DF.F[KF.nTF.RNIS. a. Buyer. Buyer. The GitY of Aspen a Home Rule Mu~icipalitv__ _______ _ _ __ _ i; wilt lake fine to the real property describer) below a+ [7loint Tenants ^ Tenants to Conanon ~ $I Other N!A _ _.. --- - -- ~~" b. Property. Tlx Prupcdy is the lullowing legally described real estate in the Counm of __ _ i~ ~~ Culur~io: ~' Lot C, Stage Road Planned Unit DevelopmenUSubdtvision, according to the Final Plet [hereof recorded on ~' October 7, 2005 as Reception Na. 515889, County of Pititin, State of Coloredo, properties located within p the Stage Road Planned Unit OevelopmentlSubdivision known as No. _____ -_- ___--.. _... '. rogciher a-ifh the inrcrrsts, easements, rights: henet'iu, improvements :md anuchctl fixtures appunenwn iheiana and all I. inrerest of Seller in vacated streets and alleys ad,jtrsnnt thrzreat, except as hcrcin excluded. c. i)ales and DertdUnev. ' Itetn No. Referrmce tiveal Date nr Deadline ~: . -- -- •, '. I -, y C Ju__ _._ _ Altentahse Hume+l b4nnev DeadLne __ -_ ___ 5 days MEC ~: 2 ' # Sa t.oan Aj7Lrliattion lkadbne_ _ _. ~l~ _ t 5 Sh Luun (nndiucuts UeatBine to • - ~ _- ~+ Sr Huvet s CRdir Infmnurtiuu U+adhuv -_ N/A _ - i ~ ~ Sc Uisnvtann ul of BUY Cr a Cretin lntm nrqun tk„dinie_ N1A __ G '+ S 5d __ __ ~ Sd ._,Existing Loan IAUUrnents ueannne _ ___ __. Existing Lnan Dnr.uments Oh•yccann UcaJline rvrq _ __" NJA ' ~ h -- - - # Sd Ltwn Transfer A rnval I7eudGne NIA _... C _ _ v 5 6rl Z_ _ Appraisal C)eadline N1A _ lU ~ ]a, ^_ Title Deadlirtc __ - March 28,2008 -- 11 _ & Na .Tide n~rion Dx.ultinc ___ --_--_-- Marsh 28, 2008. ~' 12 _ ____ _ t i _ ~; "- _ 5 R "_ # Rvl 1 0 7h _ , Survey Dearlline '. March 28 2008 Sur\ev Oh cdon Ueedhnc March 8 t_...._.,.._.__~~ -.__. _-__ __.._u...~,_ L)rxwnr,nt R ueu lhedliue March 8, 2008 ' 15 5 7d(il '. CIC. Uocwnenis O~eroon Deadline :March 28. 2008 _ Itr $ tlh Oit-Rr.cont Matteis lhadlinc .March 28,,_2008 17 O(T-Record Matters Obiectiun Paadlone March 28, 2Q08 - 3 gb ; -- - '~. IR 14 _,. ., ._ # Bl RiFht of Ftnt Reluaal fkarlLnc -" _- .NONE 0 IUD Seder s PmpnrtY llrscloaurt Ckadline _ I MerCh 28, 2008 __._ r(f q IUb Inspection ()hjection 6eadPne 'March 28, 2006 r I $ lOc Rcwiuuon Pcudhnc March 28 2008 __ 1. .......... -- -- ___ - ~~ # IUd - t F'rr~errZ Insurance OhLeUion 1)c,ntlntc March 28, 2008 ~~ - ?' ~ $ I2 -. Cloylny Pate .. March 2$. 2008 --- Nu. e('[111-IU-n4. r(1Arn Vl-t 'i'U at11.YU JtL4 Nt. 11 t3'1)+I'L HII r1'PI'.Y DrINpf Gal ICS Iup In(I?/ '1%' ,.m:J 141 JI•n'i..i. i. I{t Nanvl fn nori tvh :,'~4 ,-. N' ...nM:,lr,I~n.bll>h n.c d"u: - - -- -- `-1 Ii,+vz,+;nn I lalr' Al Closl n I ___- t -I ,• S I r „cvsiou Ti mr AC Cltxin~ _.... I 'h-.,_,. __ _5. I \ectp(uuae ^endliuz 11atc hlarth 117, 2U6F3 _`r "1 ~u'aplanu• Dc;tdkiuc l'ion' 3.D0 P.PdI __ ___ in d. Attachments. 'Phc+ [, r.l„a'mr arc a pan of Ihl+ t 1~ru.+rr. Exhibit "A' Bargain and Sale Deed entered into by the City of Asporl and Two Stuye Road, LLC attached hereto and ~+ incorporated herein. Exhibit "8-1" Description of Approved Landscape Plans sv tat VuK: The lirlhrwiug Jisduyulc lurms are attached teat ;ue cal a pan of rhi, r'untrart'. `'I N1A ~,, uc '.I e. Applicability of"i'ernts. A check ur ai milm~ uuuk nl a box mr.ms that such povison i. applicable l'he ahbrevl:ure\n t~s '-\iA" nr [hz word "Ile3eted" oxcarts no[ applicable and whin nucued on any hoe ut Uatts and Deadlines i5 2c1. tt nle:ms that the ti6 eunespundiug provision uE the Contract to which rcCctYncc is madz is defcteJ Tltc uhblvviauon "N @,~[_"' (unuual zazt orlon nl' IIliS ti7 Cxnnr:~i) mealu the latest date upon which tenth parties have signed this t:onnact. r,5 d. INCLU5I01US AND F,XCLIiS[ON5. tr't a. Inrtushms'. The Purchasu Priac duuluJes thz I'ullnw lug iteuu tloclusturts}: iJ (I) Fixtures. II attached to the Pmpeny ou dte date al'this Coltvact. lighting, hooting, plumbing, ventilating. :mcl air ?I cundilinning frxwtes,'R` antennas. inside telephone wirinx anJ connecting blcuks(jacks, plants, mirrors, Ilaor coverings, nuercorn 7~ :}•stcros, bulb-in kitchen applialxos, sprinkler systems and :antrols, built-in vacuum systems (tnclud'eng accessnriesi, g:vage dnor ". apotszrs iududing NtA i mmotr wutrot:; and !7 CTthte .-- -~..__ _._. _..._ _ ?~ 12) Personal Property. The fallowing are imauded if ern Ihz. Rupcny whethtr atlachetl ur nut on th,: date of thix %9 Contract: storm windows. siuml Jaxrrs, window anJ porch shades, awningx, blinds, screens, window eaverings, curtain rods, drapery 7e rod:. fireplace insert., fireplace sCrecas, fireplace grates, heating stovas, stur'age sheds, and all key's. If checked, ttx following are ri iucludcJ; ^ Water Softeners ^ Smokelb'irc Iktacturs ^ Srcurily S}'stnns O Satellite Systems f including sated ire dishes} rlt ti) Other Inclusions, "rt NiA %f I H;. '1'ha Personal Pnrpen4• W h. curtreyed ut Closing shall fir cunvcyzJ. by $r]Icr fnx• and ::Ic:u' ul all rnrs izxcept pzrnnal >;? Itnlpenp taxeo- Ibr the }•car uC Closing ), liens anJ ennunhr;ntccs. except y: s: Cotweyauce shall he by bill of side a' other applicable Icgul mstnlmcni Ri tJl Trade F'Ixhtres. Widt rryxci lu Uadu li xturrs, Boller anJ 8uycr agrrc as fa+llowa: ar> N!A x: tlN The Truck Fixtures ro Lx run+•eyal ul Closing shall br :im.o}'al. by tizllel, flee and Blear of all taxes {except ~.c<onal prolxny xn IaxeS for [he ,vear of C'losing7, liens and encumbrances. except _ [yjA _ _ _______-__ wo Cooveyanee shall be by hilt ul sale ur other applicable Icgal inshu:rsent. vt 151 Parking and Storage Facililtes. ^ lsc Only ^ Ownership of rho following parking tit.iliUes N!A__ __ '>-' :and ^ Use Ordy ^ Ownership of the following. swmgc facilities: ___ '>± (61 •Vater Rights. The Cullawing legally Described water right,: ra; ' its rut Am water tights shall Ix; c.nnn Beat by N1A_. _ __ ___. _.___...._ dart yr athrt upptiuJdc Iecal ineint:amu. v" 'Phz 1Vcil 1'cnnit p i< ~m (71 Growing Craps, 1L'ille reepzd rte gunving ~ r,q.., tizller and lluyer agrez as follows "» NIA tau !nl ill? L7 ~ Ir. 6:xcluainns. 'I'hc $>Iluwing ircuts nlr cxcLlJcJ: ala N1A Ina lur, r/- ~r~ No.ut'IIFl-10-liM1,('IIVIXA["r lrl aln\Vn6{II1.a{IAI tA'1'11f r.NJ~'1'19'fti nf1•ktil'Y.Ntlltii 1•.IK.aIL "~ L•um I-~' d. Pt~kl IIAtiF; t'HIC'I•..AR11'l'FRA15. I hr. F'nn-L'.nc Parr .c•I li,itf. brl~.,u shal lu. patidhlr w 1. 5 I loq.+n bt Buse: .I. .rel.».+. r ~ Item M1u Ito fure,n~c Item tnrounl lmoum --... P'~ I ~ I Ptlr ht rl'rir.• 1 0.00 ~ i ._ ..... _. _I Iii ] S I I t.vu~ I M~nn•v ~ ~ 500000r) , ~ I, I I \'c++ I nst L,lai 500 li :. s I" t ~ y Jdt'I Ae+s A noal Loan ~ _. __ I., ~ ~ lr ~-~ ~ J~14eI1n5p11UlY It5.luU• .~ • __ _ -._ I iJ ... _h s ~? Scilcr ur Private I'manc!nr. _. II~ ' I I' 4 g •lh ('ash a Closing _~ 450 000 00 III, lu •rirAl t ~__ soa.aoo00 I ,~j \atn: It there i+ an ineunsistenrv between the Purchase Prier un the fires page aril Ihi.v J d. the amount ut3 A shalt control. 13u a. Earnest Money. Thr Ennlrst hlonrp see Forth in this secliuu. iu the form of oood IOnd~ _. ___. I L I i. p;tri payment of the Purchaar Price and shal l he Iwyablr to :md held by R$kUt ~QLrnty Title _ I _'? ifaracsl Money fiolderL. in il.a truss account, un hehait of both tiellcr and lfuver.'Chr Earnest htuua•.y deposit shall tk tendered with I,r shies Coutruct unless the p;mtas munwlly ngrcr «, an Allernulivr F:unlrsl Jloney I)eudline tiS 2c'I tier its payment. "f he purucs I ~9 authorim delivery of the t'.arnesl hh+ney dupasit to the closing cuntpnny. if arty, at or tfefore Ciusulg, In the event Earnest hiunc} 1?? Helder has agreed to have interest un Earnest hkutry deposits transferced m a fund rahtblished hYr the purlxtse n[ providing I?tr affotdahle hmising to C'nioradn residents, Seller and Buyer acknowledge and a@rce that any inirrest accruing ou the Earnest Money 12; depuaited with [hr F.:rrnesl Money Holder in this transaction shall be transferred to such fund. 12N b. Cush at CMsing. A11 :tmnunts paid by Buyer at Closing including rush at Closing, plus Buyer x closing costs, shall hr I'_9 ire funds which annply with all uppheahle Colorado fawn, which include csah, clcctronic transkr funds, crrlitird check, savings and I3o ]non lessee's check and cashier's check CGocrd Ponds). ttl r. Uown Pay'nfent Assistance; Seller Yatd Costs. Seller, at Clc»ing. ,halt credit $ NiA to Buyer to assist € ~? with Buyer's down pay mrnt_ Seller shall also, at Closing. credit to Huger the anunurt of $-N.lA. _ «, aasi5t with Buyer's i ~? closing aYSts, ern Iv rxccad the antuuut due from Huy'cr tin sects cusla.'I'hc.c amnuntx are in addition W any sum Seller ha., aurrcd 49 to pav nr.rcdit Buyer elseuilrlr in this Cunuuc 1. t Y5 d. \rw Lxwll. I i6 (I! New First Loon. Buyer shalt ohlam a new Iran set forth m dris srcliua us fallvws: O Cunveali(mld ^ F'HA 1?? ^ ~',\ C] Uther ...NIA _. _.__ . ____. _.... _ ___ Uk 'Phis loan will br seemed b}• a _ ._._..- f I sl. 2nd ate.t deed nl tmu. I ±a The loon may br inreaxd to add den cost of mortgage insuranor, VA fu ndmg fee noel other Itrula fur a fowl loon amount, ern lap in excess uY 5 ,which .+hufl bc. amotrircd aecr a prnoJ ut __ _,_ ___ ^ Years ^ Months at upprusintalrh 171 .`, _____ _._. per _.. ._ hu•tuding principal noel intrrcst not to exccctt _. _';F' per annum. plus, rt rcqulrni I~' by singer's lender, a deposit nt _. _... _...__ of the cstinrr0.•d unnuu] real eswtc lases, purlxrty h+sutauce premium, alrl I •te mortgage insunnec pn.mium. II the loan i. an adjuswhle intemst r~dr nr graduated pa}•mrm loon, the payments and interest r:ur la:. iniuatiy :hall not exceed the Lgutvs .u forth atn,re. less Luan discount pmuts, tl`:m}, shall 6e pald to Irnder at Clusulg and shall nnl cccrcd , `~' of the tend iaan mnmun Idt, Smwithstanding the ban's iutrrest wtr, the first _... _. Lunn dix•uuo[ pohln shall br puiJ fry __ t.t' _ _. _ ___.. __. and the balance, R an}•..hill hr paid by ___.._. __ _..__ . __.._._.._.___._ i~8 Buyer shall dmalvpny Liuyrr's bolo coats and a lawn oripinatial [ee nest in exceed _ '<~ of the roan umuunl. If the loan lag is an FHr\.M1'A insured ur guaranteed loon. Seller shall pay closing cost. ;md fees, oat to exceed 4___ __ _. that Hu}•er i+ {cu nw alk,wcJ by low to pay f+s [a~ service and ISt tl) New Second Luuu. buyer Shull obtain a new Inan set ftudl iu dtis action as follows I5.'. 'fhls Inan will he sz<urcd by it __..._. __._._.. (2nd. etc.l deed at uv>l. ;SS -Isle h,wl bran mouton, nvt in excess al S _. _. _ , sh;dl be amoni~cd over a period nt ____ _ O Tears O Monihv Is-I al approximately $. _. __Ixr -._~ including, principal and inwrusl lwt h, exceed s£}x;r unnunr 1'i 11 the loan Is an adjustahle interest rare or ~radaatrd paymrn[ loon. the paynlcltls :uul interest rate initially sh:dt not exceed the figures U6 srl lurch abuse. I ~:~ Loan drxuunt puhrts. a any, shall lu pwd u, senesce ai t'losmg anti shall not escced _.._ _.. tr of the total Inan ;nnount. Ins Nolwithsuuklin~ the man's interest rate, the Hest _ ___. la.w di; ollm puinls shall le p;ud h} ._ ... ,. _..__.___-_- iv _ _.... _.__ ,and dso balance, ii any. shell ba paid h} _... _. _ _ _.- -_--.._ Ildt Huger shall times}' put Hotel's L,an culls wed a h,:m unefu:ttiuo fee out to dxcuud Cr z,1' else loan umounl. Ihl r. Asxumption. Huger agrcee to nscunx and pay:m esistiug luau iu the ppnlxim:ur amount of Ihr Assunrpliun Balunc.+ sel Irs7 funh a, tlus section, lrorrsuutly payable at S -__ _.. Per including prioeifial and imrrrst prrsentt}' w M.e(. I15L«4nfi.t'UV'rkk+'T lrl in.t+xU\HltaA'tLt'till'r'r:i.,\f1151'L~nl•1'nlll't•k'1'ILai 1`uYe iof l3 ~'.~_ V, •, -i per :ninon?-an•; aL, m,lu;iu,. ~..nnc nn I r~ till, nr ink-„ nl~,l i.,lh•d ^ Kt•ul Espllr 7Lxes ^ Prnpcrty tnsuruuct ~• 1`rcwium q A{urfpapc Insurance f`remium and Ir" Itue .,'ure~, e, pn ~- a I,nw IransFrr Icc n n I r.. rca '• 'tt rPn' lime nt a•~snni(ihrm fir, I ru ima r'-r rake :Irlll Ire a-!t ,: [arJ _ _ , Irrl annum :aid the urn pelf nl,:nl ; h,c~ n•rl i s, ~cc'I :~ p.•r ,uiul :IFd .u nl i iw_i rvl Ili .~alnxv ii airy ttrhe .rrtu:d pan ~Ipn! t'ulaua :I Ific •~s vsl wp Inau al C1<r>ing is 3~•:. unm 6n' A~~sumt,n„n 14 ei in,:,~ahl. h .arvea tt'r: .nnnnnl I,t ca•.h :cyuirrd frsun Buyc::u 1-usul~ P br iu~re;n:J by mute than $_ _ Ihcn ~ ISuv er ltav ~"''I ~Ierlllltipt4` IIrN t !,nl mcl tll ri five tllxlli Perelpt hs' Seber ut t3iWei'~,n lllel; n!lie_ Ut lrfln lnalion !n D i~'~ Sullcr D Shall D Shall Nut hr released from haMln} nn ,.nd Han II npph.;nble. eomph:mcr wrrh the rrgw rdineu[e cm ir',v~a.r I +t (rum liability shal l br rviJeuceJ hr drlivary :d C]osinu ul :m appnyn me Icucr of couunitniem (rum lender, t'usi paya[h!r. I.+r rdcat,• i2 r,r IiahilitV .hail he p.nd b} - _ _.._ in uu unurunt nut w ¢xrcrd ~_ '~ %) L Seller or Private Financinp. gayer agree. to : vnrte .I ponniaul w• ante payublr icy, '? l , as D Joint 'Tenants ^ `I'ennnts in Common 1~~ O Ulher __ ~ ~ _ _ an the note t?rrm ax indicated: D tllrfpult Kate) NTD x I -hi-Oa ?n D Other __ ____._ secured by a _..___ ___._ (Ls1. 2nd. etc) dyed or oua I +~ elrcumbedng ^a• Property using for titan ns indreateil- D Strict Due-On Sale ('TD 72-If>-CK,) ^ Credkwprthv {IU i i. Ili tf61 i •`~ D :lssunmble -Not Due On Sak r`Cty 1J- I t)-0(i) ^ Other ---- I :"+ "I'lie prnmi.vory nuts sball hr arnortizrd on thr basis of ^ Years ~ Yion/hs, payable of 5 ~x•r I\II including principal and interest at the rare ni _ _ ___'» per annum. Pugnlrnts shldl connnruce ,... tx I and .hrdl be due nn the dm- nt each alecoeding __ .. ___ _ It nut wooer paid, -- - , Ix+_ lira balwtce of pnncllrul and accrued interest shall he due. .nrJ payable atier ta? Closing. Payments ^ Shall ^ Shalt Not ha increased by of estimated annual real estate Urxra, and O Shall IsJ ^ Shu6 Not be incnxaal h}• o(oshrnaled annnu7 pnrpcry iusuranee premium. "fhc loan shall u7so wnnun the I YS ndlowing terms: (I 1 ff any paytnrltt Is not rreeivrd widtiu caiondar days after its due dole, a late rfrarge of IR6 of wch nronihly payment shx11 M. due, (2) intrttisi uu leader disburse meats under tfie deed of wst shall br ______'~ per aununl, Iri? i?t deinult interest Bate sh:dl he ~' per mrnurn, fell 6ugrr may prepay without a pcnalw aterpt __ _ Ixx .and ES) gager D Shall ^ Shall !Val execute aril deliver, at (Insing_ Ixy tl Secunfy Agrcemenl :md U('C-I Pmancing Statement gn+nfing the holder of the. promissory note a ___ ___ _,.. f 1st, 'nd, etc.i l yil pert an the personal p[opuet}' included in Ibis sale. Iwl gayer D Shalt D Shall Nnt provide x rnorigagrc'~, all.: mvurinec pobcy, ^I Buyer's rslx oar. I`+' S. FIN:INC[NG CONDITIONS AND OBL[GATH)NS. 15r, a. Loan Appl{eplion. II' Buyer is to p,y all or part alder Purchnr Prier hr obtaining a new luau. ur if an existing luau is out Pet m hr released :n Closing, Buyer. if required h} such lender. shall make a ventiohle application by Loan Application Deadl3nr f~ 2c1. I`+' gayer sh:dl cooperate will Seller and lenckr lu nMuin loan uppnieal, I111.Ii:F;NT1.Y AND TIMELY Pl1RSUP; SAME; )\ GIHID lye FAITH, exrrute aB documents and furnish all information wld documents rryuired by lender, and, subject (n subsections JdE 1) and I'r± I?) and S de, timely pay thr costs of ubtaioittg such loan ul Icndrr'a ronsrnt ~ Buyer agrees to satisfy the rrusunablr reyuirenlent. of t`+s lender. and shall not withdraw the loan ar assumpuon applir,t[ion, nor iureutionally cause any change in eircunrztarlres Ihat wnuht I`+y prejudice Irndar's :Ippmval of the k,an applica[inn or Imuling of the loan. guycr may obtain dit(crem tilnmcing provided Scllrr ?~n? incua m, adrhtinnal delay, rust or rxpensr. and provided Buyer is appnr+'ed For ouch substitute lean. ?+r I h. Loan Condiliuns. IC guycr is to pay alt ru pan ui the Pwnhuse Price h}' obtaining a new luau as speri(ird m C 4d. dos ?++' Contrxet is conditional upon 6uerr `s approval of Ihr nvaiLlbifny. trans, conditions :old coal For the new loon. This rundilion is For '1+? the henrht of 13uyer :md sh:dl hr tier med waived unless Seller receives iron; guycr. no later thmt lawn ('nnditions Deadline t~ '_r i. ttr-. written Hauer n( Buyer `a eluctinn to tcrminatc tMs ('nntnlel :IS such loam was nni sansfuctory to guycr. Buyer shall met have the ''-t13 right lu trrnunate under this ~ Sb based un the terms ur conditiottx of urly loan that is the same us 5el forth in xs'. B' Buyer so tunitirs 'Icc Srlirr, this Contract obeli terminate. IF SELLER DOES NOT RF.CF.IYE WRITTEN NOTICE TO TER0.4INATF, AND '-u7 BUYER DOES NOT CLOSE, BUYER SHALL BE IN DEFAULT. ?(yH r. Credit Information and Buyer's New Senior Lunn. IF Boyar is to pay all or part of the Pun.h;lse Prier 6y executing u S'a'1 pl•rtmiswry note in favor of Srlirr, or it an existinc loan i< not to ter released at Closing, this Crrntrae[ is cnnditimlol (for the hrurfit ''llr of Sellrr> upon Srllrr's approve! of Buyer's financial ability and crrdilworihinc,s, which approval shall br at Seller's sok and 't I absolute discretion. In such tax: { U Buyer she11 suppl}• to Srlirr bg Buyer's Credit Itilurmutiun Uepdiine (~ ?c ), at Buyer's rxpensr. ' IS mhrrnwrion +tnd delcumrnts flncludtng a curccm credo repeal ameerning ISuycr's financial. employment and credit condition: f3J 'li ISU}nr :nnsrmc that Rellcr may verity Buyer'. (inuna•ial :Ihi hty and crrditwanhincss: (31 any such ininrm:uion and d[srnmcnin 'la re:r lvrd try Seiler skull br held bg Seller m cotRidrua. and nut rrlruscd to odlers except w prutrrt Seller's interest m this ' I i Iransactian; (J) in itx. evrnt Buyer is to execute a pmmissnq• only secured by a dncrl of trust in favor of 5elirr, this Cnntrael, for the '_Ie, ixncl'il of Srltrn is antditionat upset Seller's Itppnrv:d tr(Urr trans urxl aonditiuns of any new loon to br obtained by Buyer if the 'I t decd ..I trust [u Rr11cr or to he subordinate u' Buy'er`s new loon (Buyer's Sew Senior lalany: Seller shill not hove the right in '.Iv Icrm inxec uuarr This sx Se for ;nry loon svhcn all such spe•ri(ir terms noel ptnviswns ir.g., interest rata, principal, puyrncnts, prepayment SIP penalurs. due date, rm.) are mot as set tixM m S 1 nr elszwhrre m this ('ontroct: end tSy it Seller does Hoe drliv~r written rtonsr of "+! hcllcr'. dnapprncal of ISuyrr'v i'Inanr'ral ah161y and :n•ditwonhux~ss nr of Iktycr'. New Senior Lnun or guycr by Disapprurrtl tri' ,r Nn.rC 1411-111-Ufi. ITL\raACI IU LIUI I\UlN.1.1.116.aL li\LIIL~:V.1. 111'f.1[II. 1'pUl'nitlLiSi I:F~iui l? ~• ~'- Inn.:, ~~rltr~' Y' '"I Itu.rr's Credit Infurmariun Dr•rdline v ', f t!a•n ti,lla ,4airc, d,. unnJUr:+us srl I,.nh 1n li1„ „-, nou II 5:11:1 :1,.., ,I n:;•. .' -,cnncu neon s of d+nappn":ul [n Itut.-r nn nr h •lort wad ;LU, Ihin C uutl ail stool Ic nu mar. ' ~ d. F.xistirl~ Lunn Rcticw. if an ra non' '.Dais >_. n„+ ^: hr rck:I.eJ :u t~h:eiug. Srllcr ,hall d.51c.I ,1pn;, of dm h:au :.• dnannann lalrluding u,+I<. Jcad ,d hua.:uul .alt nuuliticmlmcl n, liu are b. L.aistinK Loan Ihrarupmte Deadline (; 7<1 I m IIn: __ hc•nrsu of Buyer.th,..('..nsua.li.,;:ouditiuual upon ltuec•r+ruarw n~d;ggnm.+lt:t dlr pnl:i+loati ++t Duels ln,ndoeumcnt.. Il w+iurll ^(a ICC ni aeh µ': lion a+ sc.n },um dee:unsrnls, stgtrcd by ituyrl. is mu re., rlve;l by .Yrllrl irp I+nislinK Loan Doculneuls tlbirrliun _ Deadline (A _'.!, lSu}-.', _ icph the Irrma and eondi[S.m, .d' dtr dru'on,cut:.. II the lends is ;Ipparval of a uausfer of dx pnrrhnt n .2+ n•ymttd this Conna~a i, . onditioual upuu Ruycr's ubtaimnp su.h approval witburn dtangr in rhr terms nl such loan. czccpt .as set "'~ bode in r5 qc. If lender'. approcul is nx ohtahxd by Loan l7ansfrr Approval 1}eudline {3 2c I. thin Cua[mct shu[I term lusts un ^Irh `rl! date. If Seller is to t1e rrteaned from liability under such rxisfiuL loan and Roper J+ac nut nhhlin utc•h mmplianer us x[ tbrth in ~ •lr. '_? I this Contract may t~ tarmina[cd at Srflrr's option .+• 6. ,1PPRAISrU.PROYfSIONS. .++ a. Appraisal Condition. _,_ 6S fU .1M Applicable. This # Cra shall nut apply. 1a ^ (2} Ctatvenlional. Buyer ahnll tease the Sulr option nerd elcrtiuu to lerlninatr this Conunct If"the Purchase Prkr exceeds ). io the Pruixrt}•'s valuation determined by an appraiser engaged h}' .. _.. __. _ ___..'fhis _.. Contract shall [etminnte by Buyer ddlirering to SeRcr written notice of tenninutiun and rithre u copy ut such appraisal or written ??R entire from under that cunfirnls the R•operty's viduation iv leas th:m the Purchase Prier, received on ur bclore Appraisal Deadline _'1e f~ 2c). If Seller dues not mcuivr such written lunlce of termination on or before Appraisal Deadline (~ 2c1, Buyer waives any right ldo nr terminate under [his suMecNun. 2d I O (3) PHA. It is expressh' agreed that, notwithstanding any' other provisions of this Contract. the Purchaser (Boyar) shall ?-4? nut he obligated to complete the purchase of the Pmprny drscriteccl herein or w incur any fknah}' by forfeiture of Earnest Money ~a? deposits ur otherwise un{uss the Purchaser (Buyer) has been given in accmdmrce with HUDr`FHA or VA requirement. a writicu ddd suuemem issued by the FedertJ Housing Cununissionrr, 6cpartmrm of Veterans Affairs, nr a Direct Eindorsemcnt lender, setting '-t3 forth the nppraiud value of tht Property of not less than S _-.'Phe Purchaser 46u}'er) shall have the privilege and ;u' option of proceeding w ith the txursummatiun of Ihr Contract without regard to the annlunt of rhr appraised valuation, The appraised 'a' valuation is amved at to determine rite ntaxhnum mmtgagr rhr Dcpannxnt of Housing and lJtfiaa Uevelopmrnt will inutre. HUD 2-18 d+ns not warrant thr~ value nor the condition oY the PrnpetlY.'I'he Purchaser fBuyed slwuld satisfy Irhnseif+lurself that Ihr peke noel 7w amdi[ion of [he Prulmrty are arerptahic. !sit ~ lA1 VA. It is expressly agrectE that, notwithstan<Ifng an}' other provision. of this Contratct, the punhascr 18uycr) shall not '9i iurw~ mty penalty by forfrihu'c of Eatrnest Money ur uthenvtrr ur hu obligated to asmpletr the punhaa~ of rhr Ptopeny described `6 ` hrreiu, if the Contract Purchase Price ur cast exceeds dre reaaurrblc value of the 1'mpeny esmMtxhed 6y the Department of Vrtenuls tsz ,\ffatrs,'1'he pushasrr fBu}'rr> shall, however, have the prrrilrgr uud optiau of praccedirtg with the cansummaiion of thi+ C'omract ;75.t without regard to [ha amowrt of the masunabte value established by the Dcpanumnt of Vuteruus ~\tYuir.. 2gS b. Cost of Appraisal. Cost nt any apprettsal m hr nhtautrJ ;tttrr den dare of this Cunouct shalt hs timely paid h}• 2i!' ^ Buyer ^ Seller. ,~. 7, EVIDENCE OF TITLE. 'Sx a. F:vidance of'17t1e. Qn or bcibre 'Pule Deadline tvs' 2c6 Seller shall cause w trC furnished u? Buyer, at Seller's expense, :I ':in torrent cnmmitmen[ lix owner's title insurance policy f'I'itle Cnmmioventl in mr amount ryu:ll ur the Purchase Prise, or it this Ewa ~ru i. chrckesl, O An Abstract of title ceni6ed to a cmntn date..At Seller's exlxma, Seller shall cause rhr. oils insurance Policy to he ?nI issued and delivered to 13u}'rr as coon as prncticabic at ur after Closing. If a tide insunutcr cumlmunenl is furnished, n ®Shall 2nd ^ tihall Not commit ur delete nr incurs over the s[andard rxcrptiom which relate ar 'ns il} poetics ul posse su>n, v.a (2) unrrcurdad easevrrnts. .'.++5 {11 survey muners, '.0r. (J) any unrernrded mechanic's liens, .n`+ f51 pup prriad (rffrctice date of commiunrnt to dote deed is reconirtl). and 'L+8 (6) unpuiJ lases. ussnsmcnts and unrcdzamcd tax sales prior to rhr pcaz of {'losing. 304 Any addnxmal premium expense to nbmin this additional covcr;tgc shall be paid by D Buyer ~ Seller. I;o h. Copies oP F.xceptious, qn or before '1'Ifle Deadline (,'t 'c{.. Seller. at Seller's expense, shall foolish to Buyer ansl :~+I ~r1EY Attorney __._._., l I I a c+rpy u1 :mp plate. det•lar:nions, covenants. rnndrtions and resmctinns "' burdening rhr Property, and {2t i[ a title inauranre commiuncnt is required to Ik furnished, and it this Mix is checked ~ Copies nF + any Qther Uucutnrnts far, if iliegihte, sunvnarirx of such drx:untrntst listed in fire sctreslulc of exceptions EExceptiuns}. Even it tla' _.- iwx is out checked, Seller sh:dl have rhr obligation to furnish these drumnents purcumn m this section if requested h}' Buyer ;mp "i rime nn ur hrfbrr Uceument Request Deadline (§ 2e1.'1'hi> rryuirrnrent shall pertain auly w da:uments as shown of n:cord in Ihc. 7:'t• utt ice nt"the clrrk and recorder in the taunt}' where tits Property is Iu.:urJ. Thr ahdma ur title ini:manc~c conunitnwnt, togedwr wdtE1 ;mv topics ur sunurtarirs uE such rkx'umcuts turrudred purounm ur this sa•ti<>n, constitute the title tlncumrnn i"Pith Uacnu+rutsi No. vi'a51.111-IM.(UNTIC\CI'rU m15'a\II tiNa.l,kt_ti rtil:\If+Al r.'191'r:511r'1'kgl't.kllt:~: Yxec S,.i i. "`.~ bn 1+1 Y` c. Surse}, ih: u; odb n: lun ey 1)eadlinc ~:- __; ~ 1t*Ilrr ^ Buyer shah iac.,c Baca :uml d;r raurr rl li:_ Iulr r rnmuaumia .:v d;c pa ~r iJcr ,., the u,ptw; n:.d ail.: n .,u nh,u.ini b: ~... ire ~: .anew ~ [mpnrrentent Surxe} flat ^- ^ Improsemeul Lrrrnliun 11•rlificulc ^ '%! !Ile, ;li rtpu;m,hr k°r. r. Au,.u n .rv SntcraY. Au a:u~-~wu urn w~ rtr~.~r:: A fly G~bE to: tin eery ,h:.l! hr p:~iJ I+, ^ Buxcr ~~' ~ Scllcr I' Ihr n~,l r~. r:d, rhr ,: r1h N:w, ^ ISuy er ^ St'llet' ,hu; l•.n rhr rCr~.s ~ni ;~r Fn-0r r f In;urr ~. hales, liu4~ ; ;irir:.~i , o.. S; 4i~1!.I lrrkcc lwci. n.nr,rr;~d. liucer'r wnllen ua,Orr'.dL•.r4n~Ihe :erehliuu lui .u:sev'in.: n: rv. - 'w ~ d. (-ommuu httcrest Cnatmunlly IMruments. '~? ^ t l l \u/ Applicable. '{'his G 7d shall not appl} '"~~ 121 ('mmm~n Inlcrrsl Cbmmuoily GisclnYUre. I k^-. I'kUPff('1'V Iti i (#~:11'I:U Wlll [1S :1 CfJ51 A10N INTERESI- ?~? ('(yAiM11Rl'1'1' AND IS SUBIGC°f TU THE DECLA2KI"IgN FOR SUCII COMD1I1 NIl'Y', 111 F: UW Vli1( OF Tfl}: PROPERTY '~s tM'll.l_ Bls RhfjCIREG TO $L A MEM$k'sR qP TI[f, U1fiNL•R'S ;ASSOCIA'1'IgN FOR 1'Ftli C'UMM(: NI'fY ,AKl7 WILE IiF. 's`r SCB]ECTTO'1'HEBY'LAW'SAKDRL:LESANGkGGUL.ATRjNSOF1'H6ASSgCIATION.THEUECL_ARATION,BYl.A\t'S. "n? .AKD RCA.tiS ANG REGULrQ TONS WIC.I. IMF'OSF I~INANC'IAI.ORLI(iA'I'IUNS CFaON 1111' OW\ER gFTHE PROPER't Y. 1`/I IVC'LLGINtI AN' OBLIGATION TO P.AY' ASSESSAgH\lti Uh'CHIi ASSOC"IAl~lO.\. Ih9'H4' [)WNkiR DUfiS NU'f PAY'9'NESE -`)' ASSESS Al F:N TS.'I'HE ASSUC'IATIUN COULD PLAC"E A LIEN ON THh 1'RUI'f:12T Y" ANG POSSIBLY SELL 1'I' "I'O PAY '1'111'. ='r~ ULB'I_THEULiCL.ARATIQA,$YLAW5,I1N6RULESANGRfiCLq,AI'IO,ASUPTHFC011MUNffY'hLAY'PRUHI611'"I'IR'. 'u% UA\"vLR PRO61 MAKI\G CkL4NGE5 TO THE PROI'ER'fY VA'1"I'HOC'I AN ARClif1EC"fURAI. kLiWIE4F` IlY 1'HE•. 'nz ASSOC'IA'PION(ORACOMh111'TIiEgF7HEASSfICIAT[ON)AKGTHEAPPRUVALOFTt11;A550C'IATION.PLRCHAti1:It5 ''-`rfr Clf PRUPBRi'Y WI'T'HIN 'I'HEi COMMON IN"I'liR[:5T CUM1ibtC'\iTY SHOL:LG tNVE$11GA1-t: THFi lINANCIAI. '-')' OBLIGATIONS OFMIiM1I$F:RSUF'THEASS(K'IA'l'IUN.PLiItC'HASTiI(tiSH(7(tLDC.ARLf-(:LLYRE.AUTHEGEC'LARA7"ION +H PUR THE COMML'NITYANf)1'HE BYLAWS ANG RIIC.FiS ANT) REOULAfIONS OI' `T'HIS ASSUCIATIUI•. -"I't C] 13) fiat Cartditiunul un Review. Buyer acknowledge. th;u Ifuyer has rcaivrd a copy u( thz rawnrrs' nssrxiatiun liar (AsstniaBnnl dreiarariuns, bylaws, rules amt mguhuiuns, pm~q• wall agreement.. minutes of moat n:eent unmtai nw•ners' meeting rind ~(} I minute, of ores elveaors' murtings during the 6•munth period invrlerliarely prcvrding Title Ck•a+dlinc. if uuy (Gavrn:ing D+mwnantsl• emu' must recent finan. inl documents consisting of (a) nnnunl balance shze[, (by annual income and rnpenditures statrmznt. and (e) annual uls hudgra (Financial Uorurnenr.v. iC any (coliecticzly C'IC Dtn:uumnui. Bu}•er has nvirwed them, agtacs w accept Urc benc(irs, xrl uhhgutiou* and rc;tricbnns Ihnt they impose upon the 1'ns(rr:n and it. uwne:s ;uui waive. any riglu lu tenniuura This C'uutrnc[ due lu t~l` such dtx;umruts. tanwidistauding the provisions of r ar. 'r'!y (41 C'IC Dtxwnenls to Buyer. 'o' ® Ial Seller to Provide CIC Documents. 9rilrr shall Cuusrl Ili. C'I(' I)+ati:menis m he pmwded to Ituycr, at Seller": ?Ilk rxpenvr, on nr before Title Geadllne (¢ 2c1. vO4 ^ (h) Seller :lulhorize¢ Assorlation. 3rilrr uuthotitrs the :\ssociatiun to praxide dtr CI(' Uucumrnl, In ftuvrr, u1 iltl Sahcr", etpenss`. N 1 ^ (e! Seller's Ohlig»lion. Seller's oMigauun rn prnvlde the CIC Uon:mewa ,boll Cyr fu€t411rd apron Buyrrb ro.:cipt rz'~ i:- d:r ('IC Darumrnts. rr-cunllrss of who providza ouch dovurnzata. ±t? (cl CondiUnnal on Ihtrrr a Review, [f the box iu ritf:rr subsectiuu "rd(41tuI ur subsrnam 7d(4pM is enaetcel. rhr +I-I pries isionn of the. subsection 'dt5} sftall apply, Written notice of any uusutisfactury prrovioiuu w any of rhr CI(" Uucummn,, w i15 Buyer's whjertitc rhserctiun. signed by Buyer. nr ou hrhult of 13uyrr, :ntsl delivered to Srllrr on ur bctorc CCC GucwuenB 516 Objection Ucadlinr (i '_c ), shall n•rminate Ibis Contract. 41? Should Buyer receive the C'It' Ihrcuments ul'icr Tlllr Ihorllinr (~ 3n. Buyer shot have the right. ar I{uyzr's option. ur terminate ±i si this Cvnuact by written notice delivered m Sekler on ur helnre tea calrndtu eAryti after Buyer's receipt of the CIC' I)orumenr.. It t t7 Buyer drxs nor receive the C'I(' Da-uments, or if such written notice m tennhmtz would otherwise hz rcyuirad to he delivered after ;''-r+ the Clnsmp Darr. Iluyers written notira to terminate shall be rccrived by Scllcr un ur bcfon three c:deudar da}•v prior pr Closing t'I C)alr i# ?r). If 5cilrr due.. not mceive written no[ice from Buyer within sorb time, Buyer arczprs the provisions of the CIC +''-t [)ocuments. and Buyer's right lu tcnninute this ('ontrnct pursu:ml to ibis subsearinn is usuve<!, notwithstanding the provisions of ~ Kr. ?? 1 Nq'I'E: If uu sox iu this ~ id is checked, the provisi.ms of sulr,crtion 7dtA I(al shall apply. +'~ 8. '17t'L.E .tNI)StIRV KY NI?A'llies'. -``=t' a. Tilly Review. Title Revew. Buyer shall bare Ih< nglit lu inslx:;a un•'ritle Ducumenu. Wri(len notice hr Buyer al "' umnrrekmtah: sty of title, thew ur cuotrni of Title Cumnutn:ou or of nag other uusmislarnu} uric condiuuu shown bg rhr htUe ">' Dns:un:cnts, n;nwithatandm~r ss' I,4, shall hr signed by m• nn behalf nt tluyer and drlivrrrJ to Scllcr un or t+cforr Title Objection I'rr Deadline It 2c ). or wnhm fire r:drntlar days after rz.cctpt by 13uyrr nP any chnn~ r to the 'fide Documents ur rndursrnu•nt to rhr `.su Title Cunun innrnt together with u eupy of the dtnumenl addiup any rises Pacepunn u+ liuc, IC Scllcr dots riot reecrvc Ruvcr'<nnr:<x [ 77 by rhr dear. spraihrd abovz. Buyer accepts tl~ condition of liar as disrkrorJ by rhr Tills Uucunsrut.: as sausturtrnr". ?;' b. M1tattrrs nn(Shown by the Public Recorxls. Scllcr shall dzlivrr to Huyzr. wi nr Isrfrne C/li-Recunl M»tlers Deadline ) i ~ r,p ?; t true vopies of all kase.:wd nurvurs in Seller's pnsutx=on pertain:up to the 1'ropcny and shall di.c lose to Buyer a?I eaaemenn. ++a hens (iue[udin~, wirhma li u~iudion. urvrrnmental improrenu'Ns apprustd. btu n!d yet iasudledl w ath..•t title mutters (inaurfutt;, i is u-irhuut inuwtiuu. riphls of first rrlusal, nod option>I riot rhnwn by Ihr public rexin'ds nl x'hich Sr)ler ha. coact knnsvleuar. Rave: r r.~ ,hall hart Ihr nCht to wspert the 1'ngreny hl inx esrig:uc il' any Ilrird parry sus any ugia in rhr f4t+pci lb nut s~huwn hr the public Nud'i1~1~10.PG.t{iNl'K1t'It+r iq l.lYLit.Ll.at-tl. telxit i~l.l /rYPNx nI'1'HOi•FNt:b-,i IYivvb of lr Li i.al ~-_c~vd. i.u.L a. .m nm <d..'d rd c.nrnirut uu: ec <a d.J kd,•e ~ huumL~rc laic dix'reper. r? Nixu-u uoiir: of •n re uu.n i 'a: n~r - <~~nJ~u~ a dr.clu.c,l hr s<•Ilc~r nr r+'u~alyd hr sorb iu.l ~c'~?inn_ u~n~., llhc4;ndinp ~ I +. .!call hr. timnrJ hr ;s.m hrh,tlf .•( [tuts- :nil .IclicrrcJ w Sc11rr nu ur hrlrar tltT-Krcnrd Alaltcrs tlhjtY'tion llcadiinc {~ 3a i- 11 tiellrr dn:. nut rrecne Bu}'er `.~ n,•E; - Lc~ ;.,i~` ., da~r ttu,a ,+c.ci9.. ur-r sul'N,a I•.i sorb n~ ht.. rt am. • •f di u,i I,>:u Grw .d uhiJi Br:yei lies uelu:d t. tins I~dc: ,. ~urruv Rcvieu. ~_ L7 iL Not Appliesrblc. Thi. S Sc chap a+a ,q,luy .., J$1 +b ('amdith+nnl im Survey. ll Iht lwx ui Ili:, ,uhcert:am xct?i r; ehecAe:(_ Buyer mall hate der nphr h+ nwprcr ihr z1- Sw yr}. fl w~rinen notice by nr on hthalt ul 6ugcr of our wmui niaemiy' cundrlir,n shown by the tiurvey. mrta~ithstarrding ~ bb nr i I r, ui is rrctivcd by Stiller on ar hG'on. Survey Ohjrciioo Deadline t§ ?tr thou sale olycraiun shall hr dcema9 an unsatisfarnu~ Ial<~ :1+~ condition. I( Sclltr does not rccrivt 4uyrr's notice by Survey Objrrtiun Deadline (~ 2c6 Buyer accepts the Surv•ty a sotistarn~; a si': d. Special'faaing I)istritts. SPECIAI.'i'AXINtI DISTRI("IS MAY DE SIIIiJECT TO GENERAL OBGIGA'1'10~ uo-. INDEBTEDNE5R'ft1AT IS PAII) BY RF:VEKUF.S PRUDL'CEU F'ROpI ANNUAL'I'AX LE;4'IFS UN THE TA%ABLE tiu PROPERTY R'ITHIN SUCH UIS'I'RIC'1'S. PROPER"fY OWNERS IN SCCH DISTRIC7:5 MAt' BE PLACED A'f RISK 95+t FOR INCREASEII Vt{LL LEVIES A:VD EXCESSIVE: TAX BURUF.NS TO St:YNOR1' THE SERVICING. OFSUCH UEH'I' ±il Y•GNERECIRCUMSTANCF.SARiSERFSCLTINf.HQTHF.INABILITYOF'SUCHADISTRIC'1'TUDISCHARGF.SC~C:EI ±s1 [NDEBTEDNE.tiS W1THOtIT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIC,ATE THE DE6T :;t F'INANC:LVG REQUIRF,MEN'fS OF T'HF: AU'I'HOR(ZEU GENERAL OBI.IGAT-ON INDEBTEDNESS OF St'CIt i5/ U[ST'RIG"1'S, F:X[ST[NG p{H,i, LEVIER OF SUCH UIST'RICT SERVICING SUCH INDEBTEDNESS, AXD '1'HI? ss POTENTIAL. FGk AN INCREASE, IN SC;CH M1IILL LEVIES. i$6 to the event the Propery is located within a nprcial taxing district soil Buycr desires to tenniume this Conuuct as n result, it i5+ written notice. by nr on behalf of Buycr. is received by Seller tin or hcinre (/fl-Record platters Objection Deattlioe (fi 'y ). th¢s sis Cnnlruct shall tcrntinxte. CC Seller dots nut receive Bu}'tNs notice b}' such date, Haver accepts the ctfect of the Property's inclusion 55~r in such special urx'iug distflci and waives nc~ rght to mrminxtr fur that resunr. teat e. Right fo Object, ['are. Buyer'x right to object shall includt, cwt not be IimitrJ n+, those maltrrz laced in 5 13. I!' Seller ?td receives notice of unmerchantuhility of tint or any other unsmisfactory~ title condition or commitment terms as provided in §~ M:t. in? h, c and d above. Seller shall use reasonable e(foris u+ cortect said items cmd bear am• nominal expense to correct the same prior to +G3 Clasiug. If such unsutisfacmry title eunditiun is out corrected to Buyer's satuiuclinn nn or before Closing, this Contract shall tr.; mrutinate; pnn•kicsl, however, Bu}•cr may, by written nosier wccivcd he Seller on ar he(nre ('.lasing. waive abjeltinn to such inns. t55 L Right of First Rrfttsol ur Approval. If thrre is ^ right of first refusal tin the Propert}', or a right to approve this Connect, iti6 Sstle-r shall promptly suboiii this Cmrtrnct according to the Irrms and conditionc ot'such right li the Ix+lder of thu right of ilrw refu•.ai ze7 exetrises such nght nr the holder of a right to uppruvr disuppruvrs this C'ontrrcr. this Contract shall termitrate• if Ihr right ul Ines 56n rtfuwt is waited cxplit•itly nr ezplres, nr the Cuntruc•I is approved. this f~nntrac[ shall remain in PoIt Eorct sad effect Stllcr sh:dl trot promptly notify Buycr of the foregoing. If tzpimtinn nr waiver ul'tht right of Cirst rofusal ar Contras! approval has not nccurrtd uu tin ur btfurc Right of Ffrsl Refusal Deadline (# ?ci, this Contract shall tcnniuutt. ?' I g, Title Advixtrry. l'hc 9'itle Documents atTetr the title, ownership and use of the Proirent acrd should be revitwcd carctull}'. ?" Additionally, other mutters not rtlltt[td in the Title Uncumaris may atf'ecr sire tide, uwntrship :utd use of the Nroperty, including +. , without lunitatian t+umtd:xy lines and eucruwhments, to'cu. Tuning, unrrcvnled casements and claims of easements, leases and other 3?, unrecorded agreements, and variouv laws snot gorrrnutrntul regulatinus tonceming land use. developmm~t and environmental ?~ u,utten. The surface estate may he owned separately Crum the underlying mineral rslalt, and transfer of the surface rstatr S b does no( nrcexsurilt include transfer of the mineral rights or water rights. Third parties mat hold interesU+ in oil, gas, other :'r; trtinerals, geotheemul energy or eater an ar under the 1'rnperit, which inlnrests ma} give them rights dr tinter and use the v'n Noperty. Such mtdters mot bt txciudtd from ur not tav;.reA by the title insurance polity. Royer is advised [o timely consult leg:d ?'~ counsel with respect m all such matteru a. thtrc arc strict Gmt Bouts pnrv idrd in chi. C<rntrntct it.g.. Title Objection Dead4nr la +so 2c] and Off-Record Ftagerx Objection Deadline I~'<c 11. xs I 9. LEAD-BASED PAINT. [nless exempt, il'the impnrvrmrnts on the F'rnprrty includt one nr nmre residcntia! dwclliugs fur which tk? a building permit waA issued prior to 7turoary• I, 1978, leis Contract shall be void unlexs a comphted Lead-Based Naint p"+aclosurc (S:dasl rxl form is sigtx:d Ey Srllrr tin<l the required real ts[a[e licenxes, which must occur prig ru site parties sigttiug this Cuatraci. Ituyrr ivi aknowledgts timely receipt of a wntplettd Loud-Basal Nuim Pixlosurr (Salcar iurm signcil h}' Sr4cr and the rest rstatr licrnxrs. !as ill. PROI*F:RTY DISCLOSURE, INSYECTIO\, INSURABIIdTS AND BUYF.k I)IRCLOSLiRF,. +sr. u. Seller's Property Diseba.urr Deadline. Un nr hctare Seler's Property 1){srlusure DeadHoe i~ 2c7, Stlier agme.c lu ta7 d=hver tq Buy'er the nwst current venian of the Seller's Property Disclosure form enntplrted by Stllcr to dtu best oCSelkr's actual :sa knowledge, auntnt as of the date of this Cuniract. asv h. InapeclWn (Hrjeetion Dead4ne. Buycr strati have Ihr right to hate msix:ctions nC the phystual cnndilian of the Property tau and Inc h+siuns, at Buyer's expense. If Ihr phy:<icnl cnndttinn of the {'rnperty or ]nt9u.iuns is unxaisCactur}• in Buycr'. suhJeciivc ?c71 discrcnnn. Buyer shalt, nn nr hrfnre Inspection 06jecliuo Deadline t5 '_c 1: ?r (17 n++lifc ScRtr in writing that this ('rnuraat is terminated, ur 4•ri i?7 deliver to Seller u wrineu description of any un.a[i.faetotti phy.rcal nnulitian which Bu}er requites Szliei to cnrmci tin fAe,u:'ctoCorrecp V u, ellsVI-la-nh. ['1+Y'rn,1["I'Tn IUY A4U Clf11. 11 k.xL E~LefC:~Ua I1 Nt.S arl'aul'F Kflr.<` 1'npe x.,(IS '~ hun.i >r: f. aril 4'n n.+n,i n n.rt ir?r +[; by Srikr Im ui h; l~nc Ins arliurr Ub cetion Urudli«r ~ 'c i. tlrr n.=. J P ^: al , nmlir,.,r .d I!r. •'~~ I'i..loo. and h;rlrvinl ".h:~li h, dcemrd t.• he s:nnfacuvr I~~ Ruprr ?~.- e. Reanluliuu Ueattlioe.. I? a Msirrr lu (1n'rr•ci rs n^cel v~d by S'rllel :w;l :I Ifuxr noJ .S..Ilci h,i~:r earl ;rao.cd in +~rin nu K..i .'~•~ •rp ku rcul Ihen: ul rru a: hcluu' Rusululinn liaadline iti !c'i. ibis ('~mm~,'I sha'.I [rnnin;ar rmc ralruJ.u J:n I. ~liun iuc Rewlulion ;un UeaAliur' 's i. unL:e's bclurr such ta-rwinulinn .tirhs: rc4rra Ile vier , xnl!: n wood r:,w'ul <at rhr Nnirrr lo- C~rnl e.l Dui d. Insurahlhh Ibis Cuu«da is ansuditir mcd upuu Mr,cll.;ni.Inenmi.mltu.cr\suhje.trvcal i.. rrlinn.uuL lM-.i via il.lhi;ilr !~! t, rm, .url rnndm,~n; nt and premium fur p;a}n ny iuw+auc. 1 hl, ['+nel a.l :.!uill Irinnnai, upuu tirller'+ rcraapr. on ni frrlrnr :~i' 1'rupcry In.utrance lyhjection Ueadiiue I$ _rc y, of Buycl'~ x~rittcu uutic, lbw ,c~ii nuarance sea, nor tinliaactm~r' In Ito arr. I: ;.ws it ~., rnnin'. i. our um: ly nccival, Buyer shall have waival .wr riglu w trim iuatr uudel th:+ yruviswn. . -uU t. Ilmnugr, Liens and lodimnity. &iy'er is mnpunsihlt rirr paymznl lur all iusprcliuns. trsh, sat vey:;, rrntgmcer:ug mpurt,, In> os:ury' uthrr work prrfurnrrd ar Buy'er's teyucst and shall pav fur any damage whi; h occurs 0.. the Property' and lucltnio«s uv a tr;uli ~lue of wrh activities. Buyer shall out permit rlainrs or liens ul any kind against rhr ['rnpr«y for insptlriotrs. test,:, urrveys. euginrrring us:' rc p!rrts. nr any nthrr work 1>erlF,rnrtd un the Pmpcny at Bu; er'a royurst. Buvc1 aglcte hs inakrnnily, poorer and hold Scikr h:renrle.•, aos hum and uguin,r airy hahiiity, damage, cost or expense incurred by Se{Irr in cunnrctiou with any such inspecKisul, clean. or Ilrn.. ulo This indemnity iucludrn Scller'a right to frurvcr all cods and cxpcnsca iacurral by Seller to enforce this eeaiun. in<luaiug Szlkl', '.;a tt:unnahlr mtunre}' and legal hrs. The provaslals u! the zrcuuu shal3 .urvna~ the re«rdnation of this Colnr•ret. III f. Buyer Disclosure. Buyer rrprtsrnts that Buyrr O Durs ®Does Nol acrd to soli uud c3asr a property as cnnrpictc dos ~I_ ualnsaaarn. al! \nle: Any protx:«y s:dr anrtmgroc'y should appear m Additional I'rm~icinns (£ 291. X14 I1. MF.THAMPHF, I'AMiNE LANURATURY DISCLOSURE. The isartsts acknowizdge that Seller is reyuitrd to disclose .:I~ wimrhtr Seller knows that Ihr Property was previously ¢szd a, a nrethamishttamine laboratory. Nu discluauro is reywrod ii drr ale Fruptrty +vus rernrdtaird nl ucrnrdunca with stela stxndtn~ds and other rcquiremrtrts art fulfllyd pursuant to § 2S-IR.S-102,C.ft.S. •rl i Buyer fur[hir acknuwlydgen that Buyer has the right «? rngugc a ccrtllicd hygienist or Industrial hygienist to tzst whether rhr I fi Pmprrty has ever bezn used as a mukhumphetamine lobo^aory. In tix~ rvrat Ih,n the Pmpery has been used as a ,ne[hamphetamiut ~t19 laMn'atory, Buyrr may deliver written notkz to Seller, nn ur brforr Clu+vlg, lu Rnniaute this Cluntruct. J2n 12. (CUBING. I)eliverp of drzd (rum Sellrt lu Buyrr nhail br at closing ICoosing). Closing shall br on rhr dart sprciGrd a.+Ihr -RI Chesing Date f~ 'rl or by murn:d agreement ar an tart irr dniv, i'ht hour and place v! Closing Shnll be us dra~ignatni Irv d2' Pitkin County Tltlw _.-._ _ .._.. . _ . __.__. ~,.'+ 13. TR ANSFF.R OF TIThE. SuFrjeet to lrndrr ur paynr~~nt al Ciusinp ar reyuiled «nein uud cumpii:mce by Buyer with rhr odor ei Irrms ;uxl provision: hcrroi. Seller shall txecutz mid dtliver a gaud :out soul: lint ,-@aryaln and SaIB... _ ~17y decd a, Buyer. at ('losing, conveying the Pnrperry flee tmd clear of sll arses rxecpt rhr p,entral taxzs fur ihz Dear ,rf ('losini. F scd:,t -L'1, u;. providaJ herein, title shall br cooveyrd free and cirur of all liens, +urluding anp guermmenud (Senn for spceial imprnvcmtnts _I" installed as of thz date of Buyer's signature hemon, whether assessed ui uul.'I'idr shall tsr conveyad suhtrci to: ~?R a. those sprcit5c Faceptions deW.'rihtd 6y rrtrrrncr lu rrcunlyd dueunscuts us reflected iu (he "lidr Uucummus nreepmd by -~'-'I Buyrr m accurdancr with ti tin (Title Review}. »;u b. dsstribut urn wil:iy rusenicnts (inaiuding aaulr'I V1. a±I i. Ihosr sprciucal!y da-sttibed rlgh(s oC third pastios uoK ,ho+a~n by the public retools nt uhlr.h Buyer ha+ actual knrrw(rdre dy' and which wrtr uaepted by &iyrr in acordunce wiKh S RD (Mauer. Nut thuwn by dm I'uhlic Rc.oalsl :ual sr' Ise (Survey Rrview-Y. Jrr d. inclusion nt tht Pnrptrry within airy epreial Wzing disc irr. ~t St e, the henc(ua and hurdenc ni' any recardtd declaration and parry wall agreumeuh. if any, and y}~ L nitre! NIA ___.....~ . _ .,_ ....- __-- _____- •1±b 1.4. PAYMENT OF ENCLIMBRAXCF;S. Any rnnmihrmce reyuucd ul he paid shall he p:ud at or 6eMre C losing fuau the ~I r prucrrds uE this h-ansacthrn sec from any other sourer. ~tys 15. CLOSING COST&, DUCU3•IENTS AND SERVICES. "I b4 a. Gard Funds. Buyer and Setter shall pay. in Gnu:f Nuuds• Iheir resprcticr Closing cosh mrJ :dl other Hems myuired w ado hr paid nt (.losing. except as otherwise provided herein. all h. Chrsing Dueuminls. buyer mid Selidr shall sign ::nd eonrplrlr all cususm:u-y ar ma..rruahh mqu u'eA d+x•umenrs ut nr ~ta,' hctime ('loving. .t4+ i. Clusink 5erriees t'ee. Frey life real rstatr Clusint; sereiccs shall hr paid ;u Closing by p Royer Q Seller RI One-half t Id hp Buyer and Une-Belt b} Seller. dl< [I. Sialus Letter and Transfer Fees. Any fern uxuienr M Ihr i.u,uurt ul rlrsutiulrun's stutrmtnt ul us vrssmwrts (Swtus 4~7e lsurrl .hall 1*r paid he ~ Ituyer ~ tietter O (Ine•Half by Royer and Une•Half h}' Setter. Any firs incident to rhr Iraunitr From +u Sc{Irr ro Buyrr aastosed try the Assrx'iution lAavroutinn'; l'rrnster Fret sh:dl hr paid by ^ Ruyir ^ ;tiller ^Une-Ilalf tic ~t-18 Ru}tr and Une-Rolf by Sitter. dd4 r. Loral '1'ransl'er 'fax. "I'ht Eocnl nanafrr raz ul' N1A _.`~ uK ibr Purchase Price slcdl br paid :v ('lasing by oral ^ Buyer ^ Seller ^Une-Rolf by Rarer and One•Ilall' by Seller. ~t~1 f. Sulrs and Use Tns. :1ny sales and use nu That uray aecus hcc:unr nl dlis n:nisaciinn shall hr paid whin dui hq d°.` ~ Buyrr ^ Seller ^Une-FIaIY by Ruvrr amt (hu•-Ilull' by tietter. ~a. el'«Sl-to-IM. Cpv'I'a 1r"I"hrltfSdVir Sf Ll kr~rl. N\In'l 1, ~..V I Irr9:S OP 1'NU19r:1<I tin. 1'ag~~ar lt. ~` ~t®~~•Jay(p• iri~W V • IG. PR(IR,C17f1A5. !lx :u:h „In,' ,haG he in nl sled +,~ ('lu+inl; Ualr I ~ '. , : v.-pl e, yrthctswc pu.u n.IrJ 1~1 IL [:ril'n. Pcl Iidi 1'IOtOYI\ LI\C;, II a«F. alld :~Jllul al Ic. f: "dJ6. I:n C'. In: Ihti h'ar nl ('.U.rlil!J. h:r.ell nn ~ la\r5 !_-° fin' lhr ('ah•rular tirar Inuurdirrtcll Pnvrdiag Clusin>• U !Iasi Recent M1lill Les} :uul .F)urt Htcrnt Arse.a•e! •:Jaatiua -I ~,-. Q (Ilher k_ b. Rrn4r. lieu!.. h:mrd Inl ^ Rent. Actually Kea'eic ed ^ Accrued tinurur depo,ns ~Irld by tir11.v sirlll br rn: JitoJ t„ Isa Buvar. ieL'ur shall ;,; ign ;dl le:m's•n b, (fust'r :md Buyer shall assume such Lass. J9! c. Assra'ialion Asscsctnenia. (bncnt n,:gular As>ueulnnn ^nsissmrnu amt r~,..~aanou Jtlr; I r\.aoi labuu ;\mrsstucntsi pail rn! m aJ+ance .halt be clerf ilrrl m ticllc•.r al ('losmr. Cash e\:c.n r. hriJ ,.ut r,t der regulsr :fix mia«on assrsstnrnc, fur Jcii•ncsl ud muinteuance• by the Association shall nut be emditcJ to ticNrr excrpl :n prey he nlherwisr provided hp the Uovrnnri I~naumruts ltd Any special asxssntcnl by the rlssueiu[kar fur imptuvrnieut-r that 6aee been in.rlalled u;c of the Jae. of 13u}'er~s stgn:uwc hareon shall Jr.3 he the ohligarion or' Seller. rluy' other spec i:d ussesslncut assasscJ prior w Closing Date tS ?cf fly dre .Aszuciauern shall he the 3o-i ohhgatiun of [J Burrr d Seller. Sellrr represents ihal dtr anunuu of the Assoc i:uiun Assessweuts is currently pa}'able at .lr,i S none per Ntq _ ___ _. and thm there are nu tmpalA regular nr sixcial asaaymrnls against the Prupe rq~ :bn rx:ePi the careen! rcgutar ;asrnsuirnts and except _____ -._... - :n' .Such assessnrrnh; are suhjr+a fn change ;ts pttnideJ m the (iuverrdng Durtanrul.. -InN Sellrr agrees h~ ptumpily ttiqucst lhr :Assla•iutiuu to Jehver ro Buyer heroes Closing Dale f5 Lc1 n curcnm Stam< Letter. 1i,n A. Qther Prvratinns. Water and sewer chatrgrs. interest on cwninuing lout. mtJ ___ !'7t r. Final Selllrmrnt. L: nlcss utttrrw'ise agreed in wcuing. these ptrnanons ah dl tx final ~7?? 17. PUSSESS[UN. Possession rsl the Prerpcrt}' shall Ik lfrlirered to Ray-rs on Possesvon Datr at Possession `l'ime (- ?ch sut.ject -:; i to the following leases or tenancies: _... - -- __ . 7> If Se14er, after Closing, fails to Jrtiver possrssiua us specified, Seller sits!! be auhjece to cvirxinn and shall bt additionally liahlc ?e to Buyer for payment of :6.540_QU______-...... per day fur auy Prot of a Juy t from the Possession Dalc and PQKSI'6510n'IImC {$''_c) -'i. until possession is drhvered. ?s l3uy'er ^ Does !& Does Val represent that Buyer wilt occupy the I'roperq as Royer'. prusipal residrnce. ~YTi 18. ASSIC;VABILFLY, 'this Cuutract Q Shall ~ Shall Vol hr assignahlc by Huger without Sc{Ier's prior written consent. ;so Gxcrpt ns w restr icA:d, this Conuua ,hall inure m fire beuafit of anJ be 6indiug upon the bras.. prtsoual reprcsentuuscs, sm:ccssor.. :s; and assigw of the parties. :a? 19. INSURANCE; CUVDI'1'ION (-F', DANACE TO PROI'15R'tV AND INCLUSIONS. Except us otherwise pruriJrd in this a t Cuntruci. the Prtrprriy, Inclusions or firth shall he delivered in the condition rxixnng as o} the date tit this (lvtn'act, ordinary w'ra[ »sa and tear rscepteJ. 1s9 a. Casualty Insurance. lu the event the RupeAy ur Incltuinus shall be damaged by ilre r+r other casualty prior to Glaring. dsr, in an nnwwu of nut orate than Icn percent u[ the total Purchase Rice. Seller shall be ubhgatca to re Pair ttte same before C:Iwing ~IR ~ Date {I 2c}. In the went such damage is tint repaired within said time nr il'tfte damages cxr: red such sum, this Contract nary fx tss trnninalad at the npti<rn of Ru}'er by delivering to Sellrr w•rittcn rrrrice of termination ern nr ttemre ('losing. Should Huger elect m day carry sWl this Conurct despite such Jamagr, at Closing. Huyrr alull hr entitled to a credit for till insurance prercceds That w•crc ~nHt nrrivcA by Sellrr (but nut the Asscxxiatiun. if any} resultin€ front such Juumgc to the Property aria Inclusions, Plus the autotnu of :91 any Jcductihle pruvideJ lilt in such utsurance policy. Such credit situp nsrt cxsz'ed the Purchase Rirr. In the event Seller bus nut 14"_ received suc)t insunuicr Irmreads prior to C'lusing, then Seller shall assign such prtxrrds, at Clwing, plus credit Buyer iho untoum dY? of :uty deduc'dhle pmvukd fnr in such insurance policy, hue not N exceed the mtU Purdtase t'rica. v>•? h. damage, Utelusiuns and Servitxs. Should tmy Inelusutn ur sen~ic'r. Gncluding systems and components of the I'ropem•- da5 r.g.heating, plumbing, elcJ fail nr tee datnagrxl hrtueettihe lone of this Contract aod('losing ur pnssesinn. whichever shall he earl ice. ~'>e thin Seller shall hr liahlc fnr [hr repair m rrplaCemeni of vul:h inclusion nr service w•dh a unit of rhnilar size, age and yunlity, or ttn dvr eyuivutrm crcdi4 but onky to the extrm that tlw maintentmcc ur replacement of such Inclusion, sen•ire ur fixture is not tttr resptansihili[y 4ug rrl`rhe Asscrcin[iun, if rmy. Icss :my insurance Pmcrrds raceis•eJ hp Buyer covering such repair or rcplurcment Seller and Buyer urr -VY'Y uu~lar of the rxistenre ni Pr.-awned home wan'mtty programs that may he pumha.red and may cover [hc repair nr replacr:nrnr n}.u: L mr) Inclusions. The risk nY lo..<s fnr dsntagc to gmwiog crops by lire or o[trer casual!}' shall I+e imrur by dte purtV rmitlyd ro the ~«,w~im Sul :tops :rs Pnn•idrd in suhsrctiuu iat?) Iwd such parlp shall hr ru»tlaJ lu such insutanru Proceeds ur henaliis Cur dte growutg crop;. gin'. c. Walk-Through anA Veriflcatinn of Condition. Buyer, upon reasultable natic.e. shall has~r. the right to walk through the vt? Prup¢rly prhx hr Closing RY vrnfy that ihz physicstl Condition of [bc PngrrOy and Inclusions complies with This Contract. sad lU. RECUM~[EVllATION OF LEf,AI. AVD TAX COUtiSEL. Bg sitruing J»s document, Buyer and 5rRer ucknowkdge that sus the rrspcetivr broker has advised Iha[ tl»s dexunrrat has important legal cumrqurnces and h:rs rccununeudeJ the esatninmiun of con nde•. soil c•ansultalion with I: gal and mx or other counsel Iretnrr sicning. thin Contract. 5t~+ .L `17M1)): l))' N:SSENCb:. 11);PAUI;I' AVD RRt'1F:D(N,S. Time is u1 [hr. essence imrart. Is any nuts or check rrecivcA as SOS Eantrst Maury hen'unacr ur any other payntaut der lwremldrr n usa paid, honareJ ur tenderaa when due. or d' one uhtigauuu =rn+ hrl'eunder is tnN pertiv lurA or' waived as herein provided. Ihrrr shall hr Ihr Inllowiq;; trtnerlirs: b,.r(IASI-In-IM. r'Oll'a.xt `I"'10111'5"nvh tits itiPnlr!4'rnTrtlxl.rT(•F%oi'1•RU14:a'rnii, rnyr.-vnr l+ ~~yy®//~r~~~/ Inecn V I. I: I:. +I `+ S %I I ti21 :,t •'! S~S 5.'(I $?? Y'?q 5atl s;il iii ii` ii? 3a }?i jolt „a i iv }I{ s-i 1 3"I' i.tr i_: i:1 -x ,:,, ;,, 5ii 55' iii ii: iii ~:<r, S_ ;f~ ]i9 1/7) G, I yf+_ Sb~ Sn I ;r,: itlh ih ~.. l,iryui~hnrcL lPd u!a ,c... ", I F,. I t 'u. n. 4 .'r I .~I Iv, I~dr I~~, limal ,h; I', L,: I ~ ,. ,. I~. C .• II I ~~ .nJ Idam I I',. .._i I Ruili polo .iudl Ito:: _I L. ,~-1 .I .~ I •~I Lvllnnl ih •I ~-r.u,l:l I ~.. ,, i c~.. I~ ~~_ I, ~I --I ~ccllla~l is 5~ I ,1 h1(Ill t;tt 1'1711 A?.t:1[iPb Li ie l.i>~i I. .a u.l :u il~~nul lb. III ~, ,•Itr ~. Ln-~utdi is :r i I~ p. pra,i:Jrrl us 5} I ~,.• y 'L~, .. 'li ~,.u.l n.u frlnr.r ~,Le F..' tit IJ I.kl Sl 1l k- aNl{ t1N LY I:.1 ~. LII hl i. n' 4r.t rl ^..u~ ... pert„nn the ohh:;anoun of thl; C amuaa. tielicr expr. a;h' u.I;ecc the rerrcd:r.a of sprrli t: p:-r}iol n:ula~: and :,ddltton:d ;t.,;ll_rj.-; b, li Srfler is in 1>rfauh: Duyrr ma}• steel al trr;u Unv Cmuract a•: caucrlsel. m wluc6 alx nll I;rnlc5l klouey le:rkrd hcrcunder 8ha11 tse rcYUrned and Huyer atop rrrnser .urh danlagrs a.; miry he Ixoprl. nr Dugs um} clot to oral this C'untLlst .I Fwinp m full Fnn:e and effect and Duyer shall hurt the cig6t to .)sr.ilit peelunmwee ur Janulkes. ur tv~ul7. c. Ca~YS and F:xptatsra. In d7s teem oC aug ;nbitratiua w litig:anoa lel:aing m this ('ontrau, dle :chin ur•.a :,: t:,wt >h;lll aaalil rtl fibe prevailing party aSl reaxlnahle coat mld expenses, i+lclud mg atttxrey atxl legal tres. ?2. MREFIATION, If a dispute zrnses relating to this ('onvact, prior to or after Closing, zmd i. nut Ieull+uL Ale p:n nr>. 1hah ¢ua pnrcerd in gsxld Glrlll UI VIIf7n1Il [Flt r118ner In nltdlallatl. RfeIIINLnII{ R a 1$Oirati Ifl wI11C11 dlr paltlrti ntr2l w'lll{ alt Illlpifrllai }4•fxbl who helps hi rrxrhe dls dispute informally and contidcutially. ~Istl iatur~ saurls,t irnpusr biudint dreiziuu; 1"he partk. to the dimloure must agrrs bsforr an, aildrmrrn is binding-Tt{r parties will jointly aplxrint an acceptable mediator and wiil sh:ur eyuuUy m Ihr n>st of such medsadcm. The ntediatinn, mdess otherwise agrcetl. shah terntim»r in the cvrnt the rntirr dispute iv not r'tsoived wrthirl 3q calendar days of the date written nmicc rcyucsting melt ialinn in tlrlicrrcd by lpre pally !u the ocher a[ dle party's tact know'u address This st:clion shall not uilrr any thitr in this Contract, unlsss uthrrwisr agreed. E3. F:ARNR5TMONF:Y'Iy15F'[1TF.. N.nreErtusotherwiwpnrvitltxtherein.EarttestMuncyHoldcrsttutlretcascdrrGanrcuMFtnlc.+~ a. directed by wrinen nwtual instructions, siyrted by both Duyrr and Seller, In the svent of uny crnnruarrsy retarding the liarnest AtorKy (natwithstunding any trnnimttiun of this Cuntracu, Lan{rst Mutlry Floldrr steal! not br retplirad m rake ang action. }xmmst Money Holder. at its option and sale discrrtiun, miry' %,'I awaB mry pnYCrcding. (by interplead all parties nod de(xxit P:arne<t :NcYt1C4' iota, a court of znuy,etent jurisdiction and shall recover Court coats and nasonuble mmrnsy and le4ld Icr+. nr Vic) delixav wnnrv notice to Dugcr zmd tisllrr that unless I~arncsl Munry Uuldel u~reires a ropy of lhr tiunuttotts and Coay:laiut ar Clams Ibitwcca Duyrr and tinElcf 1, routuwing Ibc ra,. number of the laeawt iLnwsuit! within 12{1 enlendar days of Gumeai 4(oney Ffoklrr'; ul ineu notice k drficrrrtl w the panes, Han{cat Mara+y Hahhr .hall tx• nu6wnrctl lu rriwn the F?arneu Aluney to Buyer. In the e'•rnt Earnest [afuncv Holdl'r d+xs merivr•. a copy ofihs Law'yui[, and has not inrelpled the monies at the tintr of any Urdcr, E:nmrsr bi.+ncy lloldrr .hall distnu sr the h:trnest tkmey pursuant m the tlrtlrr nt the ('Hurl '1'hc partiea rrl(Tinn the uhlig;u iuu of tvlL'tli:d and t~ 7,i. ?A. 'l'ERhf 1.1 A'EION. In Ihr evrln this Conlrtct is terminatrtF.:dl P;nrnrsl Money reeeivell hsrrundcl >(nlll he tune ucu an,l rtes irartir. stroll k~r relieved of all ofiligadul~ hereunder. o-ub,j rcl to §4 l(k•. 22 cull ?3. NS. ADpIT[UXAI. PR(lk L`i1QNh. (The f+dlowing addainn:d prnvi<ilrns h:nr not burn appraecd hw the t'ninradu Ro;6 t~';Inlc t'a Ii11H:e Slnn.F This contract is contingent upon approval by the Gily of Aspen City Council evioencen by a dlay approved F2esolutlua ai the (:ily Council na later than ~'~. 20D8. t?~Ic H ~~ ya r~ G'~'~f~1 Nw, er 11ti1-In-IN+. luvll<.U I lu 1Stf -, h1~+4,r I Rt ll I start I V r t-, tea nl'PRnI•rki'ImCI p..Ily ill ~ql _ I, ,:.. _1. _. 1 '~ r ~.~.~ ?t.. I~. V"IIKI AAKF~.h.~I h:\1', \I/)I11FI1'AI'll)N, tit. J2 ~1~':V I: u.. i •;c~:n:rnt ~lnutdtuc:. the cntiru C'unu act 6. n,ua: i6c •. : :rarlir~ ¢•lailn! in Ih: alhcd IICr ai. ~inrl ;nr~' pftOt d='; 2u;ri ; 1 a't l:~uun skin flo, ah••lls;l ORi :;r '•etllir il. hlti hi Cn IH. RCS aL.I i • ~. mlc_i ~l a nea th:.a i": n;naa N,r ;uhlr.pscnl tmrdsl idyl inn nI n;y .:E [6~-s m ur Ibis i',:nh a.1 ~6v1 ~ :.:lit.. h:u I•ur =.y an: ii :~ 1:,.;1rt'~. ~. •n znl':ucc:d~lr utdr~.~ uridc ui wrwog cud :agnu! hs Iln. p;nssn. ~l~ne :sh h,;dasssr m Ihn (',ne,:rt IPi_1 h~, µ<[cs n':1, s' i:ucu,lrr. s~.~ b~~ yri funnrJ ::nrr truuiu:n i:m ur Closing shall stn r':~e fir: ~:r, ur ?7. Ff 1KHa 9.Util~KM: pltiCl.l ltil Kh: :9N0 I'R(1'fECTlt.l\. tirl Fa; .id.nn•.+lal +c.: ilua. t~.s .lrllu +.u:r.:ut o-. r:ral e; nsa l: d,•.:., s . the P; open} O Iti )& Iti V(1'I' in li,reclodurc. In the rsem mis tr:ln.aaral i.l cuirirct h. the pnrei.h:m ,~I'Hsr (ulur.:do Fc,n•l6'•.uic Fs vle.'17uu :Act rlhr ,-1°U fs.e. yruerull}' the Ael rCyutrcd dtnr the Pmprrl} n rra¢Icnnal_+n rnrai locure. and Buyer dorm a~,r rc_,i ie :u 5'n d fur at ka.r yc•an, a ditl'crent cuntrncl that cnmplira with tbr. purvuinn+ uhh.; Art i~ requsrcal, and ihi.: Contract shall be void and s?7 of nn effect untes+ the Fureclowrc Property Addendum i. cxcrulyd h} all pared, uutrurrrnt with th<: signin¢ of this Cnntotrt Ihr s;h ponies are further advised to wnsult with their own attarnr.}•. 5;v ZIB. NOTICE, pEll9'ERY ANp GHU(CE OF L.9lV. sxn a. Physical Deliver}•. Except fur the outicr reyucsting ntcdiwiou dcscrd><li in J '_2. delrermJ utiet ('loving, sma e%c rEn a. +xl prrrviJed in p 28h below, all no6res must hr in wilting.,ing uotnr lu Buyer eh,iB tx effective when received by Fiugui ur hp tielhng. ~s2 Htokrrage Finn,;aul flop noucr to Selltor shall he rHective when physically received by Selkrr ur Listing Brokerage Firm. sa? b. F.kclromic Ilebeery. Ax xn tdtrmativr to physical dcliven•. any signed dn.:nmrnr and wrdten Holier may br delivered in 5xa cl%stronic funs by the Following indieatad rnrthuds only: ~ Fat'+itwile ^ li•mail ^ No Faertronic 1)elirery. Dunurmms with sui exigintrl signatures .hall he provided upon rryueat of any party. ~xn c, Choke rd Law. 'I his ('nnnact and alt disputes ari,ing hrrrundrr shall he gnorrn«t hr and amstrurd in accurdtmcr with <x7 der Ltws of the Snrtr of Colorado that wnald hr applicable to Crdorado residents who sign a rxtntraat m this state For propert}' Irxated srix in Colnrrdn. 5S') 29. N(17TC6 Uh' ACCEP9'A\C. F., C(lIINTERPAR'pS. !'his prolu,sal sh:dl exptrr utilms a.crpted in writing, by Buyer and syxr Fseller, a, evidrnevd by [heir :ignunrrcs below, and the uffrring pm%y receives nonce of such acerixancx pursuant top ?Il un ur bcflnc ~?I Acrrp/ancr Deadline pale ip ?cY and Acceptance peadlinr "hime (5 ?c1. If accepted, thi, drkumrm shall brcomr a comract %') ` hrtwrocn Seller and Buyer. A copy n[ this document may he exrcuteJ by each pxriy, .acparatcl}•, and when esteh parry has executed a ~,Li ropy thereof, such copies token tuge[hrr stroll br deomod hr he a full and complete conlraci nrteaen fife parties.. _. __ , ~ g C n __'. _ ' H @arvrlrk, Ciry btanagar - n,:.:•, 14h tL err Cit W en Stepho~~ sv' Addrev. 1~4_:~4StICl~1.~P~__ :lddrr+s'. svx acf~. oloradg$J~Il_ _ S+Ct Phnnc Sa.: (8r~1920-52f)5 F'honc Nu - _. _ _. __ rani Fax tie,.: _{9702820 5119 __~ Fua Nu.: _ _ Hill P.masl :lddre s. stave~des~n_cu us __._ ,..... ,__.. Email address. ___. . au!. ~ Vf FhE: 11' This offer is brink countered or rejected, du not sign This dncunrent. Refer ttr p A01 to tt Harr: ~ ~ ~ ~ ~_~___ Uate. _ ___. __ __. Mh er ~,^II'r _ __ -..._ tam Phcrnc Nuc _ Yhunc Nn ~ _ tLYy Fax Nu.. _.._ f'a% No.: __ __ r,ltt p:uoail Address. ... ._.. ___. Enwd AJdrcas: at i SIt. COUV'fM:R; KtJ R('T1OV. This uiibr is !] Counlcrcal ~ RvJrcted. n l _' Initials only of party {!Buyer or tiellrrl srhn countrnd or rejcrlyd offer nls EAU UF' CON'l'RA("1' r, r'. Vbfe: Closing lnstructinns mrd h:arnrst hlunry Receipt should be sigard uo or before Title Deadline !p 2r{. Nn.e('IS57.16-rts, lUNTa4C(rU OUf.\sn SHLLaIiALItirTIr:At 1.'fr'f'r:\Ia'Yktlrt:aliM.\~ Yxgr it ~dl L~i_I r ~ tiLLLING BKlIh6K'S A('K V1141'I,F:Uf; M1tt':Nl'ti ANU t'l )~I1'IS\~.11141N Ill of '1.[!tit 126:. nio ;li'Le'-!uuldo,_:I h.f 4clliu~Ilnd-rlf + I ' Srlh n'_. lirnker C7 Unr'n ^ bae~ Nut aek unit lcr ;ca r eaaa ,v I:ulue>I hl'-mrt r.b~lo ~it ,I,;: ia.~..l w 'a I .lad. ti lJ: Inrt :l Itun k* Ih. (1~nva:I : rr r.. b.' ''nq~er al; ul,l'u rcy nr',I alth .u n anr~Ii niror, ~nl~ lad d uudr: -. . tit'ilinC l{'<~kirl~: tP. 511a:1!!,v IIII ItI: YCr aha ^Bllaa'f•nAKrrrtt ^Tt':1115:Mtlgn');t01(CI'1^Iu~h:'.:ItOr Iola f71-H, H.I f'l.lll'tc t'I ti7.lI' riot tic•llrc O Iti ^Iti NUT :; rr.rrtxuar workm~ wIICI tielhm! Iknkrr ;rv. l)uy,:r ~n alicuL t''I Sulhng Iinrkrnrgc 1 hn(~ c,unpaunaoou ar cnrtuninsiuu i.v w ha paid b) ^ E.islio~ BrokernKC Plaw ^ Buyer e?= ^ Otlter 1.2{ Scllinc Ilrok,-.ragr I~inn~~ Nmne. _._ ZDI Uutr. r,a~ e'? Addms: U?N - -. ._.__. _- _. __.-__ - _ ---.- t>.irl hae Nu.: ............ .. ... . nt:~ Llti"fING BKOKF,K'.tiACK\'OW'LEDC1tFNTtiAND ('O]IPFNSATIU? dISCLOSLNh:. ryi? (ln tlz rumpizrzd by L>nialg Broken G31 Lwting 13 rokzr ^ Ilces ^ Uces Not aaknowlydcc Ivzcipt nl' F;uale;t ltsxtey <lepusit specilizd iu q t arid, whdz u,n a Srarr}' b.r Ihz Gi5 (uORilCI, II~RY:.G kr CPVperalr 11pU11 feyUCM w4lh an}' riled WUUII CUNCIUtIa'd UlHler ~ ~Z. e3h Luring Brukzr Is wurkio}; wish thr Szllzr us u ^ Seller's :lgenl O Traoseclloo-Broker in thin trtn.aztion. ^ Thls i. n (^hangr (r+7 ui Status. e+R ISU}er D Iti ^ fti N(1T a cushnucl 'lurking with Llstiup Broker us .t Scltrr's agrot v i4 Listing Brokrrage Fi rot'., eompznultian nr cnmmtcnnn i< to bz paid by ~ tirllrr ^ Buyer rau ^ Uther hd t Lisring Btukcragr Pinu's N:uur. _. _. !LL', Dale: rt i till flmkn h-ts ;'lddrr~a: -. - _... 6d5 trJ: Phony No n.{q Lac Vo. _..-.-..... -- :+M17 r:mad ;\ddrzso-. .y . Nn. rf'Iti i-IiFtM. IONTiIAr'T'rfl ill 5 lNn titAl Nk:YI Ftil"1'tF Id LLTYI'V9 fq'1'Nrtl'F:NIIt4r e.¢~1!~d ll^!~,vn® Y B;tHG:UM1 ANT) SAI,P; DEF:U 'CRIB liARGAIn .AtVU S.AI.F~. UF:h;U is made by Tl1r'(~ STAGE RO:1D, LL('. t"t;rantur") to 1116' C1~1~Y C)I' ASPEn, a C'nlurada hums-rule municipality ("tirantec'"}. ~ehose- legal address is 13It Sauth Street, Aspen, Culurada i; lii 1 I. Ct7NSIDER.aT10V ANU CQNy'F,Y:IVCF: M1O~L', TH~REFg1tE, f i) for and in consideration of ten dollars attd other good and valuable consideration, Grantor does hereby bargain anti convey unto Grantee the following real property (the "Nropcrty"), LOT C', S'T'AGE: ROAU PLA~M1F.U UNCI' UF:VF.LOPRIF.~'1' 5U$UFVtSION, according to the Final Plat thereof recorder! Octaber 7, 2[7(15 under Rea:ptian No.515869 of the Pitkin C'aunty real property records. 'Che Property includes all appurtenances, and is subject to all resen atians in patents and all easements, rights of way, encumbrances, liens, cavenants, conditions, restrictians, ahligatians and liabilities of record andlor apparent err otherwise in existence, and subject to general property taxes attd assassments for the year 2UU7 and all priar and subsequent years, ull as [Hare particularly described on the list of the ~xeeptlons to -title listed an Exhibit ".A" attached hereta and trade a part hereaf hUR1'TIF;RM1FURI;, the foregoing conveyance is specifically made subject to the tollowing conditions and restrictions: .A. 'the Property (i) is Hat to he soli!, encumbered or otherwise transferred by Grantee, nm• shall Grantee ever bring or cause to he brought eminent domain proceedings against the Property that attempt to diminish or extinguish, ur result in a diminishment or an extinguishment of all err any portion of the restrictive cavenants described in this Paragraph :~ { ii E is to bc; used arty as a passive public park for the use and benefit of residents of the Burlingatnc Ranch Subdivision and the Stage Road Planned L'nit DevelopmentrSubdivision. with nu public parking improvements on the Property or on adjacent public roads, (iii) to the greatest extent pr.•tcticable, is to be presened in its natural state, with no artificial lighting of any kind, (iv7 is not Cu be used lilt arty residcntiat housing uses nar shall it he improved with any huitding improvements or structures of any kind or nature whatsoever unless approved in writing by Grantor and Stage Road Homeowners Association, a Culurada Han-profit corporation d.b.a. Double E3ar X Ranch ("Double I3ar X FIC7A"). Nahvithstanding[he foregoing, the Property shall he improved by Grantee with the landscaping, earthworks, perimeter' fencing and water lea[ures in support of the Property's use as a passive public park, all as described nn 8xhihit "B" attached hereta and made a part hcrtvf(@tc "Pcnniltt;d Improvements"). 13 (~rantce acknowledges That (i} title to the Properly is being com•eycd subject to, among other things, that certain Antearied and Restated Declaration ufCovenatns, Easements, -'''' t.iiHOtC% luitiuls ramor Initials (_'~uxlnwns .utd Rcshiclions liu Stagi~ Ruud Plunn~d l snit Uc+•clopmenVfiuhdi+isiuu trrvtdcd January I i'. ?tNl' as Rercptient (\o }i ~#i-l- a~ arnctuled (the "Fh•claraliun"l..nu! I;iij pursoaut us section Iti-? I aFthe Dcclarariou. proposed tu;e5 of the Prapcrty :u'c subject to [hc rcasonnblr apprucal ~~f the fhrncr of-Lot f~ I (us those tcrnis arc dolin~~c! in the [~~lar;llionl and that struciw~es and imprirvunturis un the Prapcrty ai c also subject to the approval ol~lltc UNVtrr a(Lnt I, ++~hich shall not he wtreasonably evithheld. Grantor rupecsents tc~ Grantee that the Uvvnee ol~ L.ol F I has approved the Permitted Lnprovemenis- but Grantee acknowledges and agrees that the approval of the thvner of t.ol f I must be obtained fbr any other uses of the Property or for the constnretian ofany structures or improvements That arc specifically included as part ofthe Permitted hnpmvements. C If, after acceptance ol'this conveyance; b}' (:grantee, it is determined by an arbitrawr far a panel or arbitrators) under the Commercial Arbitration Rules of the American Arbitration Assvciation that any of the conditions or restrictions described in Paragraphs A or ti athovc have not been met or have athcnvise been preached, then title to the Property shall thereupon autnntatically and immediately pass geed the same shall be deemed conveyed hereby w the Double Bar X 1IQA, subject to the conditions and restrictions set forth in Paralnaphs A and R ahovc. D. If, after aeceptutcc of this conveyance 6y Double Bar ~ IIOA, its is determined by an arbitrator (or a panel of arbitrators) wider the Commercial Arbitration Rules of the American .Arbitration Association that arty of the conditions or restrictions described in Paragraphs A and B above have not been met or have otherwise been breached, or if the Double Bar X HGA refuses to accept this conveyance subject to such conditions and restrictions, then title to the subject Property shall thereulxm automatically and immediately pass and the same shall be deemed conveyed hereby to'Fhe Aspen Valley Land'fntst ("AVI; f"), sukrject to the conditions and restrictions set lorth in Paragraphs A and B above. E. If, after aceeptattcc of this conveyance by .AV L"f, it is detcrrnined by an arbitrator (ur a pauel of arbin ators) under the Commercial Arbitration Rules of the American Arbitration Association that any of the conditions or restrictions described in Paragraphs A and B above have oat been stet or have olhenvise been preached, or i f A4'LT refuses to accept the gift subject to such conditions and. restrictions, then title w the Property shall thereupon automatically and inunediately he deemed donated and conveyed hereby, subject to the conditions and restrictions set Earth in Paragraphs A and B above, la such not-f6r-pro lit- organization devoted to the study and preservation of birds, wildlife and the ecology, conuihutions to whidt qualify for federal income tax charitable deductions, as a simple majority of all the awucrs of Lots 1 though 12 and Lrn F-I, Stage Road PUD Subdivision, in their sole discretion, may determine. F. .Any person or entity, including any member of the public, may seek to interpret and: or enforce the conditions and restrictions set Forth in Paragraph A above by tiling an action under the Contmerciaf Arbitration Rules of the American Arbitration Association, which Association shall have exclusivejurisdiction to resolve such disputes. The decision ot•Ihc arbitrator(s) sYtall be binding upon the parties to the proceeding and shall not he appealable. All Ices and expenses ol'the arbitration shall he borne equally by the panics to the proceeding, except that cash party shall hear the expense of ibis own counsel, experts, witnesses attil prcpxra[ian and presentation of proofs. ? ~ ~"'' Granlec Initials rantw Initials (;_ I he Chtiner ul Lui P 1 ^iNy xcl, to in[~+rprcl andur c~~lr~rce the cunJiliuiis and rralrtrUOns sul forth in th~• I)uclaratinn Gncludu~c_ Para~rthli H ahu~c~). pis pioridcd in fhc 1>~clarahon. t irante~.• hereby accepts the I'rnprrty ut an "as is" c~~ndition. subject ht all title matters refe[7ed to ubove, and subject to the conditions and res[netiurts set iurth iu Paragraphs i1-6(i above, and fitr[hcr subject to alt patent nr latent conditions, defects or problems of any kind or nature. ri~ EXECUTED, SIGNED AND DE,LIYERED, this ( dayot' j4ttQJ~~lb-., 2tlUS. (GRANTOR: TWO STAGE ROAD, t.4C, a Delaware IimiteeC liability company. By: AUSTIN LAWRENCE PARTNERS, LLC, a Colorado limited liability company, its Manager . r~ /~~ }' Gregory P. ills, Manager GRA1tiTF.F.: CITY OF ASPEN, a Coloradn home Wile municipality / p ! } Ctty Managex ATTEST:"-. ~~ ~, ~" ' t ~ )+~ eputy ('ity Clerk %~'~' Grantee Initials i~C~rantor Initials tit :A i I c YI f Y 11 I IK>1Ul l I } s, Ct)l ~1\(N~ I'IYKfV 'fhe foregoing instrument was ackn~~wladged hetbro me Ibis day ~~1 .2003 by (ircgory P. I lilts, Manager ul",~ustin La~+~rence Pnnners, LLC, a C'olorada limited liability compau~~. ~9anagcr of"fwo titngc Road LLC, a [7elas+arc limited liability company. ~ - i, r ~I ., -<, :~ ~~ , ~. b1'iutess my hand and official scat. i t~tY PV6i. Notary Puhlic ~ ~ PiANCY "s_ ZIRBEL M1dy commission expires: _ STATE OF COLORA DQ COUNTY OT~ Pfl'K1K l } ss. 1 ,. ~' r ~~ _ +Ay Comdteia+ Fxoku 09y1Ml010 he fo a Ding instrumvt}{~ekgo~~js Icdged before me this t~ ~__ day of '~ , 2008 by _. 1~~:}+~ S' ~YY'~1+-~ Cify M1lanagc-r of the City of Aspen, a ,~pme Rulc Municipality. `s5~,'Z~aii$'yiol7icial seal. . ~ _ •, I~; r. otaey Pubiic:~v'1~1~ , l~Y~j,(~47~ t'%%2 f ~.:.~. f , ~ •:O { r~~tr,^~~tl,-~"~ ,~et~tcut~ ~~ tres: _ 4 ~ '~ Gr:utlcc- Initiate ~ e/~/Cirsntor Initi:ds My 1.4111131 1' .~ I.ivt ul' title I+;xcepfimts tNotc~'I'hrse lltle fxceptians shall atmc from the Pitkin (~ounly Titlecomnuunatt fia~ title insurance to he provided at a litture datel F:\NIBI7"'B" Description of Approved I,andsrape Plans Attached hereto as Exhibit "B-1" is a schematic design of the C.andstape Plans. The central spcciticatians for the Landscape Plans include the following: 1. Vo site work of anv kind shall he commenced on [.at C unless and wail Grantor approves the same in writing, provided that the approval shall not he unruasrntahly withheld. _. Prior w commencing any work un Lot <', Grantee shall preserve anttior rolucate the existing native vc~.;etatiou Lot C as dirertcd by Grantor. 3. (iranlee shall install a =1(i' high three-sn':nid snwath wire E'enct with wood posts spaced no less than 20` apart along the southern :utd eastern boundaries ul' l,ot t'_ '1'hc Icncc shall match and Iia into the existing perimeter wire fencing an the Douhle Bur X Ranch property. A. C;rantce shall provide all necess;u~y irrigation water riglus iu serw•e Lot C Grantor and Grantee shall coordinate on all irrigation system designs and installations necessary tar delivering Grantee's water lu Lot C. AI! such design and installation work shall he. at Gr:mttt's cost. In addition, Grantee shall he respansihle. lur the cost and expense of re-routing ur recanstnrcting any portion. ofthc Llmtble Bar X Ranch irri~;atiun system modified or disturhed by Grantees's activities on Lot C'. i.~~,.is ion 'n'~ Grantee Initials t „tj~Grantor Initial. II ~~ ~~ _x . ~« ~ I R' ~~~;._ .,~,N ,,. _ _ , __ ~ ~': O ''- ~; -_ _ ;~, ,c ~,~ ~~ , ~.-~~ ~~ _- - `~~ ~' °~ ,~ ;. f' ,~ r I ~~.= ~.~~r~f~~~- ~c '~ , ~~ ~~,~ ~ ~. ~ ~~ ~° ~ , ~ ~~~~ ~ ~ e ~~ ~ ~~ ~ v ~~ ~~ 6 ®oL ~~ a..~ ~., q Z f M 1 ~. ,~ ~ ®, ~~' l ~_ ~_ Y~ '/+~' ^. ll. } Z Z '~ v ~ ~ ~J..~ ~ ~ ~ `Q V ~ ~- Z Z 0 O J ~ Z~ ~- s ~~ ~ ~~ ~~ =a C d C~ v "O C C~ a V W v~ ~ MEMORANDUM TO: Mayor and City Council FROM: Austin Weiss, Trails Coordinator~w The Aspen Snowmass Nordic Council THRU: Stephen Ellsperman, Parks and Open Space Director~ll DATE OF MEMO: Apri13, 2008 `"~~~ MEETING DATE: April 14, 2008 RE: Adoption of the Pitkin County Nordic Trails Plan CC: Steve Barwick, City Manager REQUEST OF COUNCIL: The Aspen Snowmass Nordic Council and Parks and Recreation Department Staff are requesting Council to officially adopt the Pitkin County Nordic Trails Plan. (See Exhibit A) PREVIOUS COUNCIL ACTION: On March 18th, 2008, the City of Aspen City Council voiced their support of the document and its adoption by the City of Aspen during a work session. BACKGROUND: The Aspen/Snowmass Nordic Council (Nordic Council) was formed in the early 1980s as anon-profit organization dedicated to preserving and improving cross-country skiing in the Aspen and Snowmass area. The Nordic Council was supported by the City of Aspen, Pitkin County, and the Town of Snowmass Village, who joined together in an Inter- governmental Agreement in the late 1980s to help ensure the continued success of the system. The Nordic Council brought cohesiveness and along-term source of funding to the trail system in the area. In 1990, the Pitkin County Open Space and Trails Board was formed to oversee the acquisition and management of open space in Pitkin County. The Board was responsible for all activities that might occur on the open space parcels, including weed management and the development of multi-season trails. The activities of the Board and the staff members who carried out their mission have been supported by a mill levy tax that was approved by the voters of Pitkin County. In November 2006, voters approved the Pitkin County Open Space and Trails mill levy re- authorization, which included funding the Nordic trail system in Pitkin County. Thus, the full Page l of 3 funding responsibility for the Nordic Trails system and the activities of the Nordic Council were transferred to the Pitkin County Open Space and Trails program. The Intergovernmental agreement was replaced. The Nordic Council acts in an advisory capacity to the Pitkin County Open Space and Trails Board, and their role is to oversee and direct the general operation of the Nordic trail system. Their mission is providing "quality Nordic trail platforms." Pitkin County continues to contract the City of Aspen to groom and maintain the entire Nordic trails system. In the Spring of 2007, the Nordic Council undertook a planning process that would provide the local jurisdictions with a tool to help insure the security of the existing Nordic trails network and to provide opportunities for additional trails through the land use planning process. The Pitkin County Nordic Trails Plan (Plan) was officially adopted by the Pitkin County Boazd of County Commissioners on January 9th, 2008, and by the Basalt Town Council on February 26, 2008. On March 18th, 2008, the City of Aspen City Council voiced their support of the document and its adoption by the City of Aspen during a work session. DISCUSSION: Aspen and Snowmass are among the foremost destination ski resorts in the world. Along with four world-class alpine ski areas, the upper Roaring Fork valley offers extensive cross-country skiing opportunities with over 100 kilometers of groomed trails. The Aspen Snowmass Nordic Trails System is funded by Pitkin County Open Space and Trails which contracts the City of Aspen Parks Department for grooming and maintenance, and is overseen by an advisory board, the Aspen Snowmass Nordic Council. The Pitkin County Nordic Trails Plan formalizes the short- and long term-goals of the Nordic Council to improve and expand the cross-country skiing experience in the mid to upper Roaring Fork Valley. The Nordic Council seeks to continue its goal of providing a seamless skiing experience with high quality Nordic trail platforms connected to and within the community centers in Pitkin County. This may be achieved by resolving methods of road crossings and acquiring critical trail easements. In addition, this document outlines plans for future trail improvements and additions to the cross-country skiing system. This document highlights the community benefits provided by cross-country skiing and reinforces the importance of securing existing and future trail corridors such that the Nordic Trail System is not compromised in the future by increased development or climate change. Finally, a primary objective of this Plan effort is to have the relevant governmental entities of Pitkin County Board of Commissioners, City of Aspen Council, Town Council of Snowmass Village and Town Council of Basalt, adopt the proposed Plan so that: • where relevant, their respective Community Development departments incorporate the Plan in their review of land use applications, and; Page 2 of 3 • that the Nordic Council becomes a referral entity to the Community Development departments when properties/easements identified in this vision are in transition. RECOMMENDED ACTION: The Aspen Snowmass Nordic Council and Parks and Recreation Department Staff are requesting Council to officially adopt the Pitkin County Nordic Trails Plan. ALTERNATIVES: Council could decide not to approve official adoption in which case the Nordic trails program continues to operate as it has in the past within the City of Aspen. CITY MANAGER z ATTACHMENTS: Exhibit A -The Pitkin County Nordic Trails Plan Page 3 of 3 RESOLUTION NO. ~~ Series of 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ADOPTION OF THE PITKIN COUNTY NORDIC TRAILS PLAN, BETWEEN THE CITY OF ASPEN, PITKIN COUNTY OPEN SPACE AND TRAILS BOARD, PITKIN COUNTY COMMISSIONERS, CITY OF ASPEN OPEN SPACE TRAILS, THE TOWN OF BASALT, AND THE TOWN OF SNOWMASS VILLAGE, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO ADOPT SAID PITKIN COUNTY NORDIC TRAILS PLAN ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Counci] a proposed Pitkin County Nordic Trails Plan, between the City of Aspen, Pitkin County Open Space and Trails Board, Pitkin County Commissioners, City of Aspen Open Space Trails, the Town of Basalt, and the Town of Snowmass Village, a true and accurate copy of which is attached hereto as Exhibit «A„ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Pitkin County Nordic Trails Plan, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2008. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk G:\tara\RESO S\NORD ICPLAN. doc ~t°wN °~ ~~ ~. p~~» ~-v ~~o~. BASALT March 24, 2008. Pitkin County Open Space & Trails Courthouse Plaza 530 E. Main Street, 3rd Floor Aspen, CO 81611 Re: Town of Basalt Resolution No. 05, Series 2008 To Whom It May Concern: Enclosed please find a fully executed copy of Resolution No. 05, Series 2008 from the Town of Basalt, regarding the Pitkin County Nordic Trail System. Best regards, i~'~~ __-_ ~; Sally Ferren Deputy Town Clerk Enclosure lot Mmu,~n Ave. Basnrt~, CO 81621 970-927-4701 Fnx 970-927-4703 A RESOLUTION OF THE TOWN OF BASALT, COLORADO, ADOPTING THE PITKIN COUNTY NORDIC TRAILS PLAN TOWN OF BASALT, COLORADO RESOLUTION NO. 05 SERIES OF 2008 RECITALS The Pitkin County Nordic Trails Plan is the culmination of over 20 years of community . participation and experience with the Nordic Trail System. The Pitkin County Nordic Trails Plan formalizes the short and long term goals of the Nordic Council to improve and expand the cross-country skiing experience in the mid to upper Roaring Fork Valley. Town df Basaft has been working with the Nordic Council and the Roaring Fork Club to improve the Nordic experience for Basalt residents. The Basalt Recreation Department offers Nordic Skiing programs for children with hopes of expanding the program. Over forty percent of the voters and property owners in the Town's 2005 Community Survey identified adult cross country skiing as a recreational program they would like to see included in the Town of Basalt's Recreation program. A primary objective of the Pitkin County Trails Plan is to have the relevant governmental entities -Pitkin County Open Space and Trails Board, Pitkin County Commissioners, City of Aspen Council, City of Aspen Open Space & Trails Board, The Town Council of Snowmass ~Ilage and the Town Council of Basalt, adopt the proposed Plan. The Pitkin County Trails Plan was presented to the Town Council at their regular meeting of February 26, 2008; and The Town Council members endorsed the Pitkin County Trails Plan at that meeting; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Basalt, Colorado, that: 1) the Nordic Trails Plan, dated March 9, 2007, is hereby adopted as an implementation document to advance the recommendatio_ ns of a portion of the Town's Master Plan. 2) The Town intends to use the Nordic Trails Plan as a guide in planning and making future improvements in the Nordic Trail System and in planning or reviewing proposed land uses for properties adjoining or near the Nordic opportunities. 3) The Town Planning Department intends to include the Nordic Council as a referral entity when properties/easements identified in the Plan's vision are in transition. Town of Basalt, Colorado Resolution No. 05, Series of 2007 Page 2 4) The Town intends to seek and/or support grants and pursue similar funding opportunities to supplement local funds to implement the plan. , RESOLVED this 26"' day of February, by a vote of 5 to 0, with 1 abstention. TOWN OF BASALT. COLORADO By: ~ ~' ~ /Jl Leroy Duro c, Mayor la K. Schilling, Res05 Nordic Tretls Plan SEAL .~ Pitlcin County Nordic Trails Plan ~~:~~ ~~ IS ~;~~,- ~,-. ~~ Adopted by the Pitkin County Board o f County Commissioners January 9, 2008 ~~~~ ryf~ 4 `'~, ,~SP~H ~~I~V~~I~S~ ~~RDI~ ~~UNCIL ~~~~ta>s«~s~<; ~~` _~ };r '~~,^ ~.a, ~ ~a _ w~ ~' ~, CREDITS STAFF Dale Will, Director, Pitlcin County Open Space and Trails Program GaryTennenbaum, Pitlcin County Open Space and Trails Land Steward Jeff Woods, City of Aspen Parlcs and Recreation Manager Stephen Ellsperman, City of Aspen Parlcs and Open Space Director Austin Weiss, City of Aspen Trails Coordinator PITKIN COUNTY OPEN SPACEAND TRAILS BOARD Hawk Greenway Anne Ricl<enbaugh Jesse Boyce Tim McFlynn Franz Froelicher CITY OFASPEN OPEN SPACEAND TRAILS BOARD Fred Peirce, Chairman Howie Mallory Jesse Boyce Arthur "Boots" Ferguson Charlie Ecl<art Phillip Jeffreys ASPEN SNOWMASS NORDIC COUNCIL Ben Dodge, President Mirte Mallory, Vice President Howie Mallory, Secretary Robin Ferguson, Treasurer Peter Looram David Polovin Bob Wade Casey Ward J.E. DeVilbiss, City of Aspen, City Council representative Michael Hutton, Aspen SI<iing Company representative John Wilkinson, Town of SnowmassVillage,Town Council representative Pitlcin County Board of County Commissioners representative Assisted by; Design Workshop, Inc. Aspen, Colorado Austin Weiss City of Aspen Trails Coordinator Acknowledgments The Aspen Snowmass Nordic Council would like to thank all the supporters of the NordicTrail System, especially those people who attended the Plan meetings, Special thanks to contributors to the Plan document including Cherrie Galante, Scott Messina and Bob Wade for the use of their photographs, Marl< Pearson for the maps and Warren Ohlrich for the adapted existing trail descriptions, January 9, 2008 Pitlcin County Nordic Trails Plan EXECUTIVE SUMMARY Aspen and Snowmass are among the foremost destination ski resorts in the world. Along with four world-class alpine sl<i areas, the upper Roaring Fork valley offers extensive cross-country skiing opportunities with over 100 Kilometers of groomed trails.The Aspen Snowmass Nordic Trail System (Nordic Trail System) is maintained by Pitl<in County Open Space and Trails and overseen, in an advisory capacity, by the Aspen Snowmass Nordic Council (Nordic Council).The Pitl<in County Nordic Trails Plan (Plan) is the culmination of over 20 years of community participation and experience with the Nordic Trail System.This document formalizes the short and long term goals of the Nordic Council to improve and expand the cross-country skiing experience in the mid to upper Roaring Fork Valley. The Aspen Snowmass Nordic Counci see<s to continue its goa of providing a seam ess skiing experience with high qua ity Nordic trai p atforms connected to and within the community centers in Pit<in County This may be achieved by reso ving methods of roads crossings and acquiring critica trai easements, In addition, this document out ines p ans for future trai improvements and additions to the cross-country skiing system,This document inc udes the design guide ines required for maintaining the trai system, as we as faci hies and operations Boas, There was great community support during the process of deve oiling the P an, as we as pubic recognition of the exce ence of the NordicTrai System and the work of the Nordic Counci , A so, during the process it became apparent that there is an increased need in the mid-va ey Pit<in County communities for trai s opportunities simi ar to those avai ab e in the Aspen and Snowmass areas, A strong mid-va ey support group a so exists, This document high fights the community benefits provided bycross-country skiing and reinforces the importance of securing existing and future trai corridors such that the NordicTrai System is not compromised in the future by increased deve opment or climate change,The Nordic Council has reaff rmed its commitment to bui ding a egacy of in<ing communities through an inc usive,high-qua ity, and enduring Nordic Trai System, Fina y, a primary objective of this P an effort is to have the re evant governmenta entities - Pit<in County Open Space and Trai s Board, Pit<in County Commissioners, City of Aspen Counci ,City of Aspen Open Space & Trai s Board, the Town Counci of Snowmass Vi age and Town Counci of Basa t, adopt the proposed Pan so that; • where relevant, their respective Community Deve opment departments incorporate the P an in their review of and use app ications and; • that the Nordic Counci becomes a referral entity to the Community Deve opment departments when propertiesleasements identified in this vision are in transition, January 9, 2008 Pitkin County Nordic Trails Plan TABLE OF CONTENTS BACKGROUND I .The Role of the Nordic Trail System in the Community ............ 2 2. The Aspen Snowmass Nordic Council ..................... 2 • History • Pit<in County Open Space and Trails Board • Organizational Structure • Existing Partner Groups 3. Aspen Snowmass Nordic Trail System Existing Conditions ........... 4 • Overview • Hubs and Spokes of the NordicTrail System • Ashen Snowmass Vicinity Existing Nordic Trails Mai • Other Existing NordicTrail Systems in Pit<in County • Users • Access to NordicTrails • Operations 4. The Planning Process .............................. 8 • Public Input and Meetings • Comparab e Plans • Plan Adoption Process and Referral Opportunities • Use of the P an THE VISION I. Vision and Goals ................................12 2. Nordic Trails Design Guidelines ........................ 13 • Variety ofTerrain • guidelines for grooming Chart • Photographic Examples ofTrails Grooming Categories 3. Nordic Trail System Infrastructure ....................... 15 • Road Crossings-Over, Under, At-Grade • Signage • Facilities • Access and Paring January 9, 2008 Pitkin County Nordic Trails Plan 4. Guiding Principles forTrail Improvements and Expansion............ l7 5. Nordic Trail System Proposed Improvements .................. 19 • Aspen Vicinity NordicTrails Opportunities • Mai I: Ashen Vicinity NordicTrails Mai • SnowmassVil ageVicinity NordicTrails Opportunities • Mai 2: Snowmass Village Vicinity Nordic Trails Mai • Mid-ValleyVicinity NordicTrails Opportunities • Mai 3: Pitkin County Nordic Trails O~~ortunities Mai • bong term Trails Opportunities 6. NordicTrail System Outreach and Collaboration ................26 • Partnering and Coordination • User Groups • Outreach APPEND X; EXISTING NORDICTRAILS DESCRIPTIONS January 9, 2008 Pitkin County Nordic Trails Plan January 9, 2008 Pitkin County Nordic Trails Plan BACKGROUND January 9, 2008 Pitkin County Nordic Trails Plan _ _._ ., I. THE ROLE OFTHE NORDICTRAILSYSTEM IN THE COMMUNITY As an Integra part of the community fabric, Nordic trai s are an extension of the summer trai system, They provide winter recreation, tourism, community heath opportunities, and aternative transportation, These cross-country s<i trai s create connections between the City of Aspen, theTown of Snowmass Vi age, and theTown of Basat,As such, the Aspen Snowmass NordicTrai System is one of the premier systems in the country Over the past twenty years as the qua ity of skiing continues to improve, the use of the trai s by diverse audiences has increased dramatica yThe cross-country s<i and snowshoe trai s are uti ized by individua s, families, oca schoo s, the senior center, the recreation department and the Aspen Va ey S<i C ub, These groups enjoy different aspects of the ski trai s from day tours, to ath ete training, to fami y excursions, to moon fight tours, Cross-country skiing and snowshoeing are an exce ent comp ement to a pine skiing. Increasingy, a pine s<iers venture onto the Nordic trai s in between days up on the mountain thereby experiencing a different side of the Roaring For<Va ey The community benefits are summarized as follows: Community -The Aspen Snowmass NordicTrai) System (NordicTrai System) and related events provide opportunities for exercising and socia interaction, Recreationa centers become foca points for communities, especia y if centers for different but compatib e uses are grouped together For examp e, the Aspen Recreation Center, the Aspen Va ey Ski C ub, and the pubic schoo s are a c ose together and serve as a hub for a networ< of Nordic s<iing trai s, Encouraging peop e to recreate and exercise out of doors promotes a hea thy ifesty e, Economics -The valley's strong economics are based on the resort town nature of the up- va ey communities, especia y Aspen and SnowmassVi age, Nordics<iing is a winter recreationa activity that supplements or provides an alternative to downhi I skiing -sometimes called the "5th Mountain," The Aspen Cross Country Center and the Snowmass Cross Country Center provide yenta equipment and essons to customers of whom many are vacationing with an a pine s<ier Nordic skiing attracts visitors for both Nordic recreation and racing with specia events such as the NorAm "Ow Cree< Chase;'With more recreational opportunities, peop e extend their stay furthering contributions to the economy • Environment -As the NordicTrai System's connectivity improves, Nordic skiing becomes an aternative mode of commuting, simi ar to bicyc ing in summer, resu ting in decreases in car use, Nordic skiing's environmental impact is less than other heavy infrastructure sports and the activity is adaptab e to c imate change due to the abi ity to ocate trai s at higher e evations.The Nordic Counci strives for high environmenta standards, For examp e, the Nordic Counci has he ped imp ement atree-panting program and the 2007 Ow Cree< Chase was acarbon-neutra event, 2. THE ASPEN SNOWMASS NORDIC COUNCIL History The Aspen Snowmass Nordic Council (Nordic Council) was formed in the early 1980s as a non-proft organization dedicated to preserving and improving cross-country skiing in the Aspen and Snowmass area at no charge.The Nordic Council was first supported by extensive grassroots donations, plus the City of Z January 9, 2008 Pitkin County Nordic Trails Plan Aspen, Pitkin County, and the Town of Snowmass Village. In the late 1980s these entities joined together in an Inter-governmental Agreement (IGA) to help ensure the continued success of the system.The City of Aspen has done an excellent job of administering the funds collected through the IGA and working towards a seamless trail experience. Pitkin County Open Space and Trails Board n 990, the Pit<in County Open Space and Trai s Board was formed to oversee the acquisition and management of open space and trai s in Pitkin CountyThe Board was responsib e for a activities that might occur on the open space parce s, inc uding and management and the deve opment of multi season trails, The activities of the Board and the staff members have been supported by a mi evy tax that has been approved by the voters of Pit<in County severa times for periods of mu tip e years, n November 2006, voters approved the Pit<in County Open Space and Trai s mi evy re-authorization, which inc uded funding the NordicTrai System in Pit<in County unti 2020,Thus the fu funding responsibi ity forthe NordicTrai System and the activities of the Nordic Counci were transferred to the Pit<in County Open Space and Trai s program, The Nordic Council acts in an advisory capacity to the Pitkin County Open Space and Trails Board. Its role is to oversee and direct the general operation of the Nordic Trail System. Its mission is providing quality Nordic trail platforms.This requires seamless (uninterrupted) skiing and acquisition of trail easements. Organizational Structure Currently, the Nordic Council continues to function as an IRS 501(c)(3) tax exempt not-for-profit organization.While basic funding for the Nordic Trail System will be from the Pitl<in County Open Space Board, the Nordic Council can continue to receive private funding.The community contributes to the Nordic Council, through small individual contributions collected in boxes at the trails and during an annual membership fund raising campaign.Also, many individuals (landowners) contribute in-Kind by donating trail easements or constructing critical trail links and road crossings. Nordic Council funds have not been used to acquire trail easements.Trail alignments are either donated by private landowners for winter use only, or they are acquired through the local jurisdictions based on the recommendations of the Pitl<in County Open Space Board. The funds provided by Pit<in County are used primari y for base operations inc uding trai maintenance, staffing and equipment. Funding for additional proposed improvements to the NordicTrai System would be eva uated on a case by case basis,The City of Aspen Parks Department staff maintains the system through its trai s program under the direction of the Pit<in County Open Space and Trai s Land Steward, The Nordic Counci may assist in coordinating acquisition of winter trai easements.Trail ownership and easements are he d by the agencies that purchased or otherwise obtain them, The Nordic Counci coordinates with the appropriate jurisdictiona organizations to maintain, enhance and secure trai s, Current y the jurisdictiona organizations are Pit<in County, the City of Aspen, and theTown of Snowmass Vi age, As the Nordic Trai System expands, the Town of Basa t may be inc uded, see "The Vision" section of the document, January 9, 2008 3 Pitkin County Nordic Trails Plan Existing Partner Groups Due to the diverse ocations of the trai s and their c ose re ationship with community infrastructure, partnerships with counties, towns and cities are necessaryTo date, the Nordic Counci coordinates with the fo owing partners for diverse needs; • City of Aspen and Town of Snowmass Village • Aspen Skiing Company - access to the Government trail, use of the Snowmass Golf Course, crossing of both the Snowmass and Buttermi k/Tiehack s<i areas, and paring • Roaring ForkTransit Agency (RFTA) -provides transit connections, grooms sections of the Rio Grande Trai • Maroon Creek Club -Maroon Cree< C ub trai s • Colorado Department of Transportation (CDOT) -access, snowy ows for parking • Aspen Cross-Country Center and Snowmass Cross-Country Center • Private landowners, Homeowners Associations and Metropolitan Districts on whose and trai s or easements are ocated • Regulatory agencies such as the United States Forest Services on whose land trails or easements are ocated 3. ASPEN SNOWMASS NORDICTRAILSYSTEM EXISTING CONDITIONS Overview The Aspen Snowmass Nordic trail system distinguishes itself as one of the largest free cross-country ski systems in North America. With over 100 kilometers of groomed skiing, the majority of the system is maintained for both classic and skate skiing (although some trails are classic-only). Daily trail grooming is done with either small snowcats or snowmobiles. Hubs and Spokes of the Nordic Trail System The NordicTrai System currenty has three physica hubs;two privatey operated cross-country centers ocated on go f courses centra to the communities of Aspen and Snowmass Vi age (Aspen Cross Country Center and the Snowmass Cross Country Center) and the AspenVa ey S<i C ub (AVSC) C ubhouse on the Aspen High Schoo Trai s,The cross-country centers offer a variety of faci hies inc uding s<i renta, food and beverage, restrooms, and showers, The AVSC C ubhouse is the centra hub fora youth ski programs, The trai s extending from these hubs are wide, providing for c assic and sate s<iing with a range of easy to intermediate terrain,These trai s are the most heavi y used, high y maintained, have the widest trac<s, and offer mu ti-use opportunities, The NordicTrail System's spokes offer several distinct s<i experiences, For examp e, east of Aspen a ong the Roaring For< River, the North Star Nature Preserve provides a me ow, contemp ative s<i while the Aspen High Schoo Trai s are cha enging and heavi y used for training, coaching, and racing purposes,The Ow Cree< Trai provides a ro ing and scenic s<i between Aspen and Snowmass eading to the varied terrain and trai s at Snowmass Vi age, Designated dog-friend y trai s are inc uded in the NordicTrai System a owing peop e to s<i and wa < with their dogs,These trai s inc ude theVi agewayTrai extending from the Snowmass Vi age Base Area to the Two Cree<s ift, the Bernese Bou evard on the Aspen Go f Course, and the Maro t Property Loop,The Rio GrandeTrai ,Maroon Cree< Road, and ndependence Pass are a so dog-friend y areas (though not a inc uded in the NordicTrai System). See the ExistingTrai s Map, fo owing, and the ExistingTrai Descriptions in the Appendix, 4 January 9, 2008 Pitkin County Nordic Trails Plan _- ~- ~~ g ,. N, , ' ~ ~~ ~~ N ~ ~° a' .~~ ~. ~ , ~~~ d ~._ .. .. ~„ ~~ ~~ January 9, 2008 Pitkin County Nordic Trails Plan U t w D7 ~~ ,. p ~ _ L ~~ `~ N • ~ ,~ .. .. .. 3 ~ ~ I'~ m tl~ ~ ~~ ~~,~`r ~ _ ga.. . !. ~ N ~ ~, m N '~ _. ~ y ,,, 1, / > `, 11 °~~ ~~ `, , ~, ~~,~~" ~~l e i _. ., '\ ~ i ,~ `~ 1 0 i ~ o e ~- ~ `,<, ~ i i 1 G 9 ~ ~ d 0 cv ' D O ~ '' __. 1 Y ~ I 1 1 I L , '~, N N ~ O 1 n ~a ' ~~ a 3y H ' ----- { !^ ~ ~~~ ~ ~ ~~ , ~/ ~ ~ .~ , , ', ~ ,~e /j ~ ~ ~ ~ ~ ` ` ~ _ ~ ~ i ~y ~ ~.p _ iJ ~ ~ ~ i >~ ~ ~ u ~ ~ , ~~ - ~ ~ W i -=l ,_ 1 ~ yo ~ ~ ~ ~ Q ~ ~ w I ~ ~ `f~ \ \~ ", o Ali ~~I Z i~ y ~ ~ t~ ,, ~ ~) \~~ ~ \ ~:~ ~' 6 ., ~. 5 Other ExistingTrail Systems in Pitlcin County • The Rio GrandeTrail offers a Nordic s<i connection between Aspen and Basat when snow and weather conditions permit, t is a heavi y used mu ti-use trai that passes by communities such as Woody Cree< and Basat,The Rio GrandeTrai from Carbonda e to the Catherine's Store Bridge is groomed periodica y, though to a esser degree due to minima snow cover, by the Roaring For< Transit Authority's trail staff, • Spring Gulch, outside of Carbonda e, is managed by the Mt, Sopris Nordic Counci and provides s<iers with 9 <i ometers of groomed trai s. • Ashcroft Slci Touring, private y owned and operated, ocated in the scenic Cast e Cree<Va ey south of Aspen offers very good s<iing and a restaurant, • The Roaring Forlc Club in Basalt is required, as a part of its PUD, to provide public Nordic s<i trai s on its go f course.To present, the detai s of how this trai networ< wi be managed have not been reso ved and grooming is sporadic, • T-Lazy 7, a private snowmobi e outfit ocated at the snow c osure of Maroon Cree< Road, grooms the pubic Maroon Cree< Road for both skate and c assic skiing, and even has a warming but and beverages at Maroon Lace, Users The Nordic Trail System is a winter trail system and is used by a wide variety of people and groups.The focus of the Nordic Council is to provide platforms for recreational and competitive classic and slate skiing. Snowshoe use is allowed in designated areas (not in classic tracks) on many of its trails. Designated dog-friendly trails are included in the NordicTrail System allowing people to ski and walk with their dogs on leash. Walkers, runners, and bicyclists are permitted on designated trails only and certain trails are maintained for multi-use, with a combination of a clear (snowless) and asnow-covered platform. The winter users ofsnow-covered trails are as follows: • Cassic skiing- recreational • Cassic skiing -competitive • Skate skiing- recreational • Skate skiing -competitive • Snowshoers • Dogs and owners • Other compatibeover--the-snow human-powered users Organized user groups inc ude the fo owing; • Youth Programs - AspenVa ley S<i Club (AVSC), Nordic Wolves (mid-val ey and down-valley youth program), Aspen E ementary and Midd e Schoo s, Co orado Roc<y Mountain Schoo • Aspen Senior Center 6 January 9, 2008 Pitkin County Nordic Trails Plan Access to Nordic Trails One goa of the NordicTrai System is to provide cross-country s<iing c ose to residentia community centers and to provide inkages among the trai s, minimizing the need for driving and par<ing,There are many locations to access the system that are accessible via free public transportation, Use of public transportation provides the opportunity to do ong one-way s<i trai s, Existing cross-country centers have maintained paring areas, Operations Funding for NordicTrai System staff is through the Pit<in County Open Space andTrai s Program, Positions re ated to operating the program inc ude; • Director, Pitkin County Open Space and Trails Program -oversees all programs related to Trails and Open Space, wor<s c ose y with the Open Space and Trai s Board • Pit<in County Open Space andTrails Land Steward -oversees NordicTrail System financial decisions, distribution of funds, approves budget, and provides genera overview of NordicTrai System • City of Aspen Manager of Pans and Recreation oversees the big picture of the City of Aspen staffing and operations re aced to NordicTrai s, • City of Aspen Trails Coordinator - day to day staff person for NordicTrail System, invo ved in a decisions reating to trai s, director of trai s management and operations and supervisor for winter trai s staff • City of Aspen WinterTrails Staff -currently four staff members for trai maintenance under direction ofTrai s Coordinator Current equipment for maintaining the NordicTrai System inc udes the fo owing; Two s n owcats Five snowmobi es Various grooming implements pulled by snowmobi es Earthmoving, mowing and snow remova equipment Permanent and temporary signs and trail delineators One of each trai ers for snowcats and snowmobiles Various trucks including one with a sma I crane to handle heavy equipment Equipment is stored in permanent and temporary faci hies - on the Snowmass Go f Course and with the City of Aspen Pars and Recreation Department, January 9, 2008 Pitkin County Nordic Trails Plan 4. THE PLANNING PROCESS Public Input and Meetings Obtaining pubic input was a very important part of the process, Meetings were p anned in Aspen, Snowmass and Basat. The meetings were advertised in oca newspapers, over 800 postcards were sent to peop e, pub is agencies that had a re ationship with the NordicTrai System and key peop e were contacted direct y n addition, a website and an emai address were estab fished at aspenrecreation.com for peop e who wished to comment via emai , The meetings were held from 5:30 to 7;00 p.m, as fo lows; September 5, 2007,Town of SnowmassVillage,the Si vertree conference room, approximate y 4 attendees inc uding Nordic Counci members September 6, 2007, City of Aspen, Aspen Va ley Ski Club, approximately 32 attendees inc uding Nordic Counci members September 10, 2007,Town of Basalt,Town Counci meeting room, approximate y 30 attendees inc uding Nordic Counci members The meetings began with an overview of the NordicTrai System as it is todayThis was fo owed by a description of the goa s for the meeting and for the Plan, The focus of the meetings was wor<ing in brea<out groups to identify goals, cha lenges and specif c trails enhancements both in written and graphic format, At the pubic meetings there was enthusiastic support and praise for the existing Nordic Trai System and the Pit<in County Open Space and Trai s Board, Each meeting group focused attention on the Nordic s<iing c ose to its community In addition to strong y supporting the goa s of the Nordic Counci , the fo owing are the major new ideas that were reinforced at the meetings; • The system should grow to inc ude more Nordic ski trails, accommodate more users, and extend to a wider geographic area, specifically mid-val ey • Partnerships and increased communications among all the groups related to Nordic trai s show d be encouraged, • Trails were identified on maps, both for improvement and new a ignments, The conc usions from the meetings have been integrated in this P an document, Comparable Plans As part of the process of deve oiling the Pit<in County NordicTrai s P an, research was conducted to identify comparab e documents, Most NordicTrai s recommendations were found as part of arger Trai s P ans, e,g.Teton County Grand Mesa NordicTrai System has a short document that describes their operations and goa s, The Upper Blue Nordic Master Plan focuses on the creation of infrastructure and faci hies in support of Nordic s<iing, 8 January 9, 2008 Pitkin County Nordic Trails Plan Plan Adoption Process and Referral Opportunities The Pit<in County Nordic Trai s P an wi go through the fo owing steps in order to be adopted by Pit<in County • Present to and receive review and comments from the Pitkin County Open Space and Trails Board, Refine the Plan as needed, • Post the P an on the City of Aspen Recreation Department website to be available for public review, • Submit the Plan to Community Development staff for their review, recommendations and schedu ing a meeting with the Board of County Commissioners. • Present the Plan to the Board of County Commissioners, with the goa of adoption of the Plan by Pit<in County By virtue of adoption by the Commissioners, the Plan will be recognized in the Pit<in County Land Use Code as a document that may be uti ized in County and use reviews. Where trail needs are identified in the P an text or on P an maps, the Community Deve opment Department Staff may mace an app icant, elected and appointed officials aware of the need, and refer the development app ication to the Nordic Counci for comments and recommended action, t is the current goa of the Nordic Counci to request adoption of the Pan by the additiona jurisdictions within which NordicTrai s are ocated inc uding the City of Aspen,Town of SnowmassVi age andTown of Basat,The Nordic Counci wou d then become a referra agency to the jurisdictions that adopt the P an. In addition, Pit<in County Open Space and Trails would like to request recognition of the County's enforcement officers by the towns and city in order to ensure the best quality trai experience for users, Use of the Plan Adoption of the Plan wi I meet the Nordic Council's goal to become a referral agency for review of deve opment app ications that potentia y contain areas for NordicTrai s,The P an wi provide Pit<in County, the City of Aspen, theTown of SnowmassVi age, and theTown of Basat a document that indicates areas that may contain a ignments vita to existing conditions and possib e expansion of the NordicTrai System, inc uding additiona hubs of the system, ~. - _ ~, . ~ ~,~ . f ~` `~`', -.~ ~ ~5 ,~. ~- ~~ ~.; `~~. .~ ~ ~ ~. ," i ,~,~~r" ~ ~~ , , ~ ~ ~ i. ,~` "- F + ~ ,~ *~ „ , ";~:: , t. ~ ~~; ' , ~~`; ~' r~ V ~. January 9, 2008 9 Pitkin County Nordic Trails Plan Q January 9, 2008 Pitkin County Nordic Trails Plan THE VISION January 9, 2008 Pitkin County Nordic Trails Plan I. VISION AND GOALS The Pit<in County NordicTrai s P an forma izes the ong and short term goa s of the Nordic Counci to improve and expand the cross-country s<iing experience in the upper Roaring For<Va ey The Aspen Snowmass Nordic Counci sees to continue its goa of providing a seam ess skiing experience with high qua ity Nordic trai p atforms connected to and within the community centers in the va eyThis may be achieved by reso ving methods of road crossing and acquiring new critica trai easements. GOAL I : Secure linkages and enhance connections for a seamless Nordic Trail System in Pitkin County. • Ensure and enhance seamless connections among the Nordic skiing trails serving the urban centers of the valley (primarily Aspen and SnowmassVillage).Continue to improve linkages to outlying semi-urban areas and trails, and finally connect to the outlying trail systems. • Maintain and improve the existing trail network that serves the populated centers of Aspen and SnowmassVillage.Greate road crossings that go over, under or across at-grade, so that skis do not need to be removed for road crossings. • Identify and secure key trail alignments and connections in perpetuity. • Collaborate with related organizations in the area to promote the best possible winter trails experience. • Improve the signage system to inform and educate winter trail users and create a "branding" for the Aspen Snowmass Nordic Trail System. GOAL 2: Expand Nordic skiing areas and opportunities in Pitkin County and environs. • Identify future potential areas for Nordic skiing and prioritize opportunities. • Provide a range of experiences in the grooming and difficulty levels of the Nordic trails. • Identify opportunities for encouraging social interaction, family use, and increased Nordic ski tourism. Based on the above goa s, the subsequent sections high fight the necessary components for a successfu NordicTrai System and then identify the particu ar trai s, connections, and areas of interest, 2 January 9, 2008 Pitkin County Nordic Trails Plan 2. NORDIC TRAILS DESIGN GUIDELINES The goa of the Nordic Counci is to offer a range of Nordic skiing experiences from wide, we groomed trai s ocated genera y in areas of higher popu anon and that accommodate both c assic and skate s<iing, to trai s that are traced by the s<iers themse ves and offer a more remote experience, Variety of Terrain The NordicTrail System accommodates different widths and gradients of s<i trai s thereby offering varied recreationa experiences, Create more variety of terrain inc uding; More chal enging groomed trails for racing - hil ier, more Jiff cu t terrain, especia y for racing More we groomed f at trails in mid-val ey areas - generally f after trails are more popular More rustic woodsy trails experiences that are easily accessed from the NordicTrai System - integrate more rura and remote experiences Guidelines for Grooming Chart MEDIUM NARROW NON CATEGORIES FULLWIDTH WIDTH WIDTH MAINTAINED WIDTH 24 feet 5 feet 5-8 feet N/A TRACKTYPE Dua or Sing e Single C assic and Sate Lane with Set by S<iers Cassic and 2- 8-foot orwider orwithout Cassic foot Sate Lane Sate Lane Trac<, or C assic Trac < o n y EXAMPLES Go f Courses, Ow North Star Bernese Bou evard, GovernmentTrai Cree<Trai Preserve, Moore BenedictTrai Open Space, Paved Summer Recreation Trai s USER GROUPS S<iers/Snowshoers S<iers/Snowshoers S<iers, Dog S<iers and on side on side Owners, Snowshoers Snowshoers GROOMING Snowcat Snowcat Snowmobi e NIA EQUIPMENT January 9, 2008 13 Pitkin County Nordic Trails Plan Photographic Examples ofTrails Grooming Categories FuIlWidth These trai s serve as socia trai s, with high intensity and mu ti-use opportunities, ~, ~ ~ ~~ ~` s ~ ~ ' +~ ~ '~~ ~ ~ ~ ~ ty a~ ` 'boo ~ %. ' y}+r:~ ',~ ~ ~~~~ r ~~ ~i ~ ~~ 4 ~ 1 P i, ,~€ L ~, rl 9- f 1 ,.. r ~. ~_ , ~, ~~ 51.. ,~ ..est. =~~ ~,.. ti, ~ il ~, ~ ~. Ili~i~ '~ ~ `- •. , ~~ I f~~ ~ ih~ ~ a~1~~~1~ ~I~~ I I,;~ .5 ~t y~. r" ~ 4~ v ~F,~~ d ,s~: le~lVvri ~~° ~~ ,. ~ .~ / I ! „;r v~ <,~~ ~. ~~ ~~ rtot~ ~~~~~ ~~'`~iJ v f f a .. ~ ~ ~ /yJ`~J ~, /' IMF' P~ f jjj ~Ijf fT/ Medium Width These trai s provide a groomed p atform, but more intimate natura s<iing experience, .,~ ~~ .:. ~4,. ~ '' ,' ` ~ ?' _~"f~; r 'i n ' ~• ~:s _ m?".i"d~.Y R? ~ ! ... -_-.~ ,~`~ ,~; ~, ~~ ! r` ry` `` y1 ~ ~ r,~p+d,'df,if'~I~ ~~~~~i~l~ r+lE?~r~r ri ~ I I' 1 t i ~ - rr7 Jlj'~'~ ~fi ~~ii1~? # ~~~(~~ fry ~il~ Narrow Width These trai s often have constrained circumstances, but sti offer we patronized mu ti-use opportunities. ~. ~ S +R ~ 1 eft, 14 ~, y .,~ i a~,# ,_ ~~ ~~, la w ~'y t~ ~ \ ~ 1.~` ~Y~\~`~~ 4 ! ~ S ~~,y1~,~ ~ 4 i 1~t ~#~~~. ~ 4 January 9, 2008 Pitkin County Nordic Trails Plan Non-Maintained These trai s provide a quiet, sec uded experience away from more heavi y used areas, 3. NORDICTRAILSYSTEM INFRASTRUCTURE Road Crossings -Over, Under, and At-Grade n order to provide a seam ess cross-country s<iing experience, it is a top priority of the Nordic Counci to e iminate road crossings that require users to remove their s<is,The Nordic Counci proposes that a new road construction and improvements that interface with the NordicTrai System be designed to accommodate either a grade separated crossing for both s<iing and summer trai s, or a method for safe at-grade s<iing across the road, Grade separation is a preferred choice as it not on y improves the connectivity of the NordicTrai System but aso enhances the safety of a users either skiers, pedestrians, or cyc fists, Overpass: When possib e, the preferred road crossing design is a mu ti-purpose bridge that accommodates a snow oad, s<iers, and grooming equipment, for examp e, the bridges adjacent to the roundabout over Cast e Cree< and Maroon Cree< Roads,These bridges serve trai users year round and are wide enough for a Medium Width Nordic trai ,This so ution wou d be high y desirab e in the vicinity of the Aspen Recreation Center (ARC) and the Aspen Va ey S<i C ub, Underpass: Another viab e road crossing aternative is to construct an underpass, The underpass on Highway 82 west of the roundabout is a successfu examp e; this feature connects the Aspen Go f Course and the Moore hoop trai s while also accommodating bicycle traff c, Underpasses need to be a minimum of 14' wide and 10' high to accommodate the snowcat, Underpasses are less desirab e than bridges as they require considerable maintenance to <eep snow in the tunne ,They can be dangerous if there is sudden y a snow ess area,The existing underpass beneath Highway 82, atTiehac< Road, cou d serve as a usefu connection between Maroon Cree< Go f Course trai s to the south and the Bur ingame housing area to the north, January 9, 2008 15 Pitkin County Nordic Trails Plan At-Grade: The ast aternative for road crossings is an at-grade crossing,There are severa forms of at- grade crossings,The first option is to eave snow on the road surface throughout the winter as on the Moore driveway and the Meadowood Road, However, this is the east desirab e option as it requires continual maintenance and monitoring with potential conf icts between cars and s<iers. The second option is a new device used in Europe, the Nordic S iderThe Nordic S ider a ows for an at-grade crossing without ban <ing snow (www.nordics idercom),The Nordic Counci is eager to exp ore this aternative as it cou d eliminate many road crossing conf icts at a minima cost compared to bridges,The Maroon Creek Golf Course cou d be a potentia ocation for the Nordic S ider as there are severa at-grade road crossings in the area, Snowmaking: Snowma<ing in se ect ocations wou d extend the Nordics<iing season,With future changes in climate, the need for snowma<ing to maintain Nordic trails may increase, Snowma<ing possibilities on the Aspen Go f Course were foreseen when the new water system was built in 2005, Simi ary, the Nordic Counci wou d i <e snowma<ing possibi hies to be considered in other high y used cross-country areas, signage The P anning process estab fished the need for an enhanced signage system to serve the fo owing purposes: • Branding of the NordicTrail System • Improved trail maps • C arification of a lowed trail users • Identification of evels of difficu ty of trails • Availabi ity of facilities • Interpretive opportunities Maps are important components of the signage system, provide usefu information, and inc ude a egal disc aimer Maps may be posted as signs showing users their ocation in the NordicTrai System, Pocket-size waterproof maps are a so handy for trai users, Facilities Enhanced faci hies that are re ated to trai s and operated by partners are encouraged, New faci hies wi need to be approved by the re evant jurisdiction, Recreational and competitive events general y require a higher eve of faci ities, Trailside; Faci hies a ow for an extended s<iing experience or a fami y outing and inc ude; • Benches, picnic tabes • Yu its • Warming cabin with wood burning stove and hot drink opportunities • Drinks and snac<s • Dog waste stations • Cross-country centers with services such as food and beverage, toilets, changing rooms and showers 6 January 9, 2008 Pitkin County Nordic Trails Plan Mid-Valley Hub: Consider creating amid-va ey hub orcross-country center, near transit, with services, simi ar to Aspen or Snowmass Cross-Country Centers, potentia y at the Roaring For< C ub or Basa t H igh Schoo , Lit Trails: Night skiing, in designated locations on y, has ong been discussed by the Nordic Counci and adds yet another amenity and attraction to the Nordic experience, Trees: Though not usua y considered a part of infrastructure, inthe case of the NordicTrai System, trees improve snow-retention whi e a so increasing the intimacy of the s<iing experience,The Nordic Council has invested significant amounts of money toward tree p anting on the Aspen Go f Course. Operations: As the NordicTrai System expands, there wi be consideration of additiona needs for staffing and equipment. Safety: Whi e efforts are made to set safe trac<s, the Nordic Counci provides no other services a ong its designated trai s, Other agencies hand e enforcement and emergencies, Access and Parking • Provide convenient parking at trailheads. • Providetrais in proximity to pubic transit. • Continue to partner with CDOT for snowy owing parking areas. 4. GUIDING PRINCIPLES FORTRAIL IMPROVEMENTS AND EXPANSION As the NordicTrai System continues to gain more use, improve, and grow, the Nordic Counci has deve oiled guiding princip es to focus its efforts towards improvements and expansion, Concurrent y, it is important that growth does not exceed the need for and appropriate use of trai s or the Pit<in County Open Space andTrails' ability to propery maintain these trails, The main challenge is to ensure high-quality grooming of existing trai s a ong with the abi ity to groom trai s in new areas, The first priority is to maintain the qua ity and integrity of the existing Nordic Trai System and strive towards a seam ess skiing experience; • Secure existing endangered trails where forma ong-term easements do not exist, or to reroute trai s to better/more secure a ignments, • Resolve critical crossings so that s<is do not need to be removed and the skiing experience is seam ess, • Create high quality skiing platforms fora groomed trai s, Improve sections of trai s that do not meet the guide Ines of a high qua ity s<iing experience, Examp es inc ude trai s that have not been graded proper y, are very steep or trai s that have prob ems with snow coverage due to aspect (sun exposure) ortheir roc<y nature. • Resolve multi-use conflicts through signage, designate trai s appropriate y, maintain partia ysnow- covered and partia y c eared trai s, ranger enforcement, and identifying new trai s for other uses, • Focus on the amount of use as more use warrants more effort, Trai s c ose to urban areas wi have more faci hies, wider trai s, variety of use, terrain and signage. January 9, 2008 Pitkin County Nordic Trails Plan The second priority is to expand the NordicTrai System or anticipate future changes due to new deveopment or c imate change; 'i. ~~~c f°~ ~, I+/~' f },~ pint ;, ~0 I ~'}~ ~~~ a i~ 8? k ~~~~~ y~`rr~~U y}*~ P„' "+"'N' ~ M ,. ~„~'~!~'"' rn dub k~pd ~ -~ ~ ~1; k ~ ~~ 4 j. ,. ¢^~'r' /~ ~ `, • r~,o ~ w -. ti .'y1 P ^ IYV l~~#w4GfR. ,x } } *.N + Y,~ I tl~+ ~"z _i~ dsr~ dl~- .~1 ~~y .WRLF++4k~ry ~ ~m a. RM'eiy ki#. y~6 s iA°FF r ~ iii y ~ ti ;rr ~; ! ~ i~ ~~~~J~`"~ ~ ~~ Chet ._ A~+ ~° Ye ~b •y~ f^ ~~ h .' lM ( ~ ~. r1 v ~"! S C F txc1, ~ " '~ ~MLt~7 M.:{~r4 ~W57~~~ n~, itard#~ ,pM~' ~r.~ '~` fir.*y, 'S `f r,5 f~l2~l~ ~. ` s ~,.... U~1~ q~I M~CI~JN) ~ <:~ ~! ~s4pw ~~p C • Ensure the ability to maintain and groom the trai s, • Provide a variety of terrain and s<iing experiences, • Integrate adjacent trails that may be ess-used trai s, current y ungroomed trai s, or potentia good qua ity trai s,This may be achieved by additiona grooming, signage, or easements, • Identify linkages where trai s are needed to connect existing trai s and to create connections to community centers e.g. downtown Aspen or Base Vi age at SnowmassVi age, ortransit centers, • Consider parking needs, • Trailbanking: Newtrai s should adhere to the Nordic Council's desire to accommodate its Nordic Trai System to c imate change, New trai s shou d have good snow ho ding abi ity, e.g. north or north east facing, at high elevation, or shaded by vegetation, The above vision princip es re y great y on the fo owing: • landowner wi lingness • Collaboration with jurisdictions • Review and input on and use app ications for affected properties • Public Support 8 January 9, 2008 Pitkin County Nordic Trails Plan 5. NORDICTRAILSYSTEM PROPOSED IMPROVEMENTS Aspen Vicinity Nordic Trails Opportunities The fo owing trai descriptions are organized trave ing from east to west from ndependence Pass, First there are the trai s that are a ready in the Aspen Snowmass NordicTrail System and have been identified for enhancements,These trai smay ac< permanent easements, may require improved road crossings, or may be improved by re-routing the trai onto a different a ignment,Trai a ignments that may be at ris< in the future are identified. Second, areas that are currently used informa y for Nordic s<iing, or are summer activity areas, are identified as potentia a ignments that wou d provide high-qua ity additions to the trai system, Trail (Connector CharacteristicslValue RisklNeeds Proposed Enhancement Expansion of Northstar skiing Amend interim management with beginner and tranquil plan and design connection to James H. Smith Open terrain on the road side of the Northstar on the east side of AI Space river Currently not groomed, the Roaring Forl< River Could provide a seamless East More parking at Northstar Road of Aspen Trail from Northstar crossings, Improve Benedict Trail Provide larger part<ing area. A2 East of Aspen Trail Trail to Difficult Campground. to Northstar route. Improve trail connections, Obtain alignment at base of Midland Trail (Shadow Direct connection to downtown Sidewalk currently plowed in Shadow Mountain between 5th A3 Mountain) from Marolt pedestrian bridge, winter and 7th Streets. Aspen High School Current Meadowood Trails 1 Meadowood Varied terrain, great racing Subdivision easement is short Obtain long-term easement with A4 Subdivision venue, close to town, term, Meadowood Subdivision, Important seamless sl<i linkage Overpass needed to eliminate Aspen High School between High School Trails and Need to remove sl<is to cross sl<i removal, Alternative may be A5 Trails IAVSC to ARC Marolt Open Space, road nearAVSC. Nordic Slider Critical connectivity forAspen Moore Open Space I trails, Rolling terrain, historically A6 ARC Connector used, Easement is short term, Secure long term easement. Connects Aspen High School Trails to Aspen Golf Course via roundabout, Offer more loops A7 Haleakala Connection and seamless skiing, No suitable easements exist, Widen easement, January 9, 2008 9 Pitkin County Nordic Trails Plan Aspen Vicinity Nordic Trails Opportunities Continued Trail (Connector Name CharacteristicslValue RisklNeeds Proposed Enhancement Continue to enhance facilities Continue to enhance facilities, Highly utilized, maintained, and opportunities, Need for Add snowmaking, Continue tree A8 Aspen Golf Course facilities, multi-use, snow to hold longer planting program, Maroon Creek Golf Install at-grade and grade- A9 Course Trails Varied terrain, close to town, Multiple road crossings, separated crossings, Coordinate with owners for Potential trail connection of Additional area could be additional area to groom and Maroon Creek Golf Burlingame and Double Bar X groomed per PUD. Need with City of Aspen to keep A10 Course Underpass Ranch, connection through underpass, snow in underpass, Owl CreelcTrail Obtain easement for new West Buttermilk Offers an alternative improved Currently steep trail crosses alignment that would be gentler AI I Connection route, driveway with less crossings, Summer road, good snow- covered surface in winter Scenic, Add to NordicTrail System, secluded skiing, Early and late Currently not part of Nordic Partnership with USFS. Groom. A12 Difficult Campground* season grooming, Trail System. Possible multi-use. Access/parking limitations, steep Discuss access and parking with A 13 Hunter CreekValley* Scenic, gentle terrain, near town, entry, area stakeholders, High elevation, good snow coverage, great early and Currently not used for Nordic late season use, ski lift access, trails, Need access, Possible Partner with Aspen Skiing spectacular views, rolling multi-use, High altitude Company and USFS for use, A14 Richmond Ridge* terrain,nearfacilities, advantages and risks, access and facilities, Could provide a viable Castle CreekValley connection in Castle Creek A 15 Alignment valley Options need to be studied, Coordinate with stakeholders. Connects to Aspen High School Five Trees and Water Trails,Advanced racing terrain, Coordinate with City of Aspen AI6 PlantTrails* North facing and wooded, No easements exist, for long term use agreement, Aspen Meadows Gentle terrain, Close to town, There are some existing Add to NordicTrail System, A17 Campus* Historic race track, easements, Consider grooming, Use old Highway 82 bridge as a Would connect Aspen and Nordic skiing connection, Keep Maroon Creek Maroon Creek golf courses at- snow platform, Possible multi- A 18 Highway 82 Bridge* grade, Need an at-grade connection, use, Currently road is groomed by Facilities exist e.g. drinks, shelter private landowner, future is Secure guarantee of long term AI 9 Maroon CreekValley* Scenic, good snow, gentle terrain not guaranteed, Nice terrain, use at appropriate time, Scenic, good snow, rolling wooded terrain, Excellent Secure guarantee of long skiing atcross-country area, Currently area is groomed by term use at appropriate time, A20 Ashcroft** Restaurant, private operator Restaurant use, Potential addition to Aspen Snowmass NordicTrail System ~~ Separate from Aspen Snowmass NordicTrail System See Map I on opposite page and Map 3 on page 25 for location of existing trails and proposed improvements. 20 January 9, 2008 Pitkin County Nordic Trails Plan a Q J Q V 0 O z Z V Z W a Q •• a Q ° ~ l~ ~V ~ ~ Ha°~ _.i ,°.. 0 m ~ 0 eya e~F c ~ Q ,1 m i~ I a ~, ~ Y 3 ec~ ~ /~0 p~~ x55 ~ Y / ~ // ~ ~', Z ~ N ~ G \~ fJOU~c7 Z \ . r ~ .' .r nm a~ '' w ~. h ~ a ~~~ om ~ w ~ ~ ~, F :. % m o~~Gja ~i ~.~ ~ C' ~ ~ R H a ~ ~ `„ m o ' 1 m M Q ~~ _ 1 o7a¢Q~ W 1 i - .. ~;>. ,. ~ ~~ ] 0~ ~ 1 ~ ,~ 0 i . ~UI ~ F ~~~ ~ . ~ z ~ o ~ ~ . ~ w cn , , _,•~ a o , ... . .,.~ ,-- ~ P~1r• o ~,~. _~ ~ yy W LL Q ~ ~ ~ W ,~ ~ ~..' N .~f• dV^~y~~ r ~ °0 N 7 OJ ~ 2 , i' ~ ~ w Q ~~ , ~ A ~ VV ~. ~~ rl, _J u~ ~ ,; ~ yaoU N N 'a a F c Q = ~ Y~~ yao z" ~ " ~ o ~ eY v _ V E w e 'c L m s ° a o= ~~ o ~ o o i 3 . m ~ ®Y ~ -a ~ a' o ,n ~ o~ N o o e@ _o W aCC°"o p a °i C o c o p p s ~'e .~ C7 W G G~ d H V1 ® Z d m W. CS V V1 J ,. ~ . ~~ ~ E~ a ~• °° _ - r ~Y o ~' ~ ~,. m ~I F ~~ ~: N 0 ~e\~~`e~ ~ ' N =0 ~~ ~~~ a !1i V. r ~ 5 ~~, .R. O 2m ~ N ~~~'.~ a >~ O~ l ~~ ~ ., ~. 1 ,,, .' d ~, ~~~~ / ~ ~ o ~~,i ~~ ~~, ~ D ~ i. :~l 1'lU} ~ , r' ~°i M 0 ~P~" nU ~s~o,`e ~ ~ ug9lerRd ~Q ~,, .a 41; Q 5~ i ~ c1 ~ ~ i`~ ~ c a ' j ~C u _, ~ ~ ~~~~~~fj~ ~~ ~ ~ ~ ~ ~ 's, ~ O .~~ I/~ ;mil i, ~ ,~ ' J ~~J: •.' ' ; h ~ a ~! ~ ~ ~ ' ~~t '~~~~ `(~ ~; a -~ 0 ,. ~~ h= ~~ laa~3S laui,6i~~ I J I' ~ ` ~ ` ~ ~~ ~~/lv r~ J~ y ~~ ~ 6 0 0' C v1 a .~ m _ ~r ti w ! ~-~~ 2 /~ LL ~ = ~ ~ Q D I~ I io ~d 0. R r o m N i~ j ~~ v E!9 ~ ~ m \,f - Z \ h,~ o y ~ i i~ ~, „~~~ "a sue. v ;~ ,~ ~ ~ ~ r ~ n - - n, ~ d ~ ~~ ~~, rc aYt L~ zaa~3S IUW ' ~ ~ 5 ~ ~s~~ •~ G ~: ~ " w 0 ~ G ~ ,i , c !/ s Yaw ~ J JLJ -- ~ ~ ,~ III I~j; , D° ~ o u aL ~ ~ ~~/ J q .~ ~ Z I I -.. ~ y y "~ ~ ~!~ ~~~ ~ Il~u .~ ~ ,~ ~ ~ ~~ ,: a W~ o~~~ ~' ~ ~ ~ ~~ ~n ~~ 11 3 x ~, ~ ~~ ~ ~~,~J ~ ~ M ~o ,~ Q Pp z ~ ' a ~ ~ ~ N~,z ,~, ~~ 4 a ~~~ o ~ ~ ~ ~~ _ ~ ,a •~.• B a dim' ~/~S~~ i~ v, '1S u18 ~ } ~ ~ • ~~ _ . I % Y ~ n ~. ~~i ! N C U- r r1 ~ /• 1 ' pJ h ~. ~, reek •'~ /•,••^ 6--,s~~d \ ' ' 0~ l 0 : Cartle ~ as ~ ~ L .= a "0~ 4 '1 " ~ ~J _ ,i' , ! `~~// • .s~` C ~ a euPa •'~A ~ Q v N a c a0~e haiQ :` .~ . ~' . ~ ° cas`, ,5~,'"o C O ~ ~; '.l \p)ti 0 N ~ ~ ~ anti ~`~ /~ % N m I % .~ ~ ~ N ~% j 1~~~ ~ ^ ~ m .. i .~ I ~ / : ~ '/ ~ ~ rod Q -•i •~ 1 ~~~~ •~`ay '•'~ Q ~ ~ j '~, ~~.'/ 1. ~~'~ °~ n ~ ~ ,~~ 1..,~ ``~~. ~• oo !p 1 ~ ~ © ~ January 9, 2008 2 Pitkin County Nordic Trails Plan SnowmassVillageVicinity NordicTrails Opportunities Interests of SnowmassVi age residents focused on the immediate vicinity in and around Snowmass,Within the vi age, residents expressed concern about the re ocation of a segment of Vi age Way trai , as we as the difficulty crossing from the Snowmass Golf CourseTrails to the Recreation CenterThere was a desire for more, easy dog-friend y s<i trails, Ow Cree<trai is a popu ar s<i trail, but users would i<e to see fewer road crossings where skis need to be removed,There were severa recommendations for newtrai s inc uding Brush Cree<Trai , Trail /Connector CharacteristicslValue RisklNeeds Proposed Enhancement Reinstate "Twister" alignment and other historic alignments. Obtain permanent winter Optimize alignment. Current easements. Resolve crossings Critical scenic link in Aspen to license agreement is short term, through realignment or other at- S I Owl CreelcTrail Snowmass trail system, Many road crossings, grade means. Potential alignment has good snow retention, is an easier route,Would provide better A potential trail from Glendale access to Owl CreelcTrail. Divide toTerminatorTrail Parking across from maintenance Need an alternative to steep on a high contour should be S2 Glendale Divide center "Berlin Wall" section, explored. The Pines HOA will realign Secure long term easement for a trail section to an alpine new trail that is to be created. This new alignment would easement to reduce road Possibly a PUD agreement potentially provide improved crossings and provide a wider through Town of Snowmass S3 The Pines skiing and fewer road crossings, trail. Village (TOSV). Need connection to recreation Existing underpass too low center across Brush Creek Road. Install at-grade orgrade- Hub of skiing, provides great Enhance facilities, Possibly more separated crossings, Study S4 Snowmass Golf Course groomed trails and facilities, dog-friendly trails, enhancing facilities. Possible grade separated crossing at Owl Creel< and Town Connector - Section ofvillage Way is being New alignment may be Brush Creek road intersection S5 Village WayTrail relocated for development, inconvenient with road crossings, or possible use for Nordic Slider Work with Aspen SI<iing Currently a more remote ski Improve access to trail from Company on access from experience, scenic, wooded Two Creeks side. Improve ski Two Creeks via lift or gondola. terrain. Potential to loop with connectivity on both sides.To Explore possibilities on West S6 GovernmentTrail* Owl Creel<Trail, remain ungroomed. Buttermilk side. Summer trail could be used in Current wildlife closure during winter linking the Brush Creek winter on Pitkin County section, WithTOSV and Pitkin County, intercept lot at Hwy 82 to Possible multi-use needs, explore possibility of Nordic use S7 Brush CreelcTrail* Snowmass golf course trails. Requires snow cover and in winter Parking and access needs. Divide Ditch Trail to More remote -feeling skiing. Resolve multi-use conflicts and Resolve parking, access and long S8 East Snowmass Ceeel<* Gentle terrain, Multi-use, long term use, term use,To remain ungroomed. Potential connectors between Tom BlalceTrail and GovernmentTrail and Owl S9 StarkTrail* CreelcTrail atTwo Creeks end. StarkTrail is steep. Study options,. HighlineTrail from Potential connector from Owl S I 0 Maintenance Center* To remain un-groomed, Creek to Brush Creek. Create winter connection. Cozy Point Ranch Easy access and parking, good Currently an archery range. No Secure long term easement for S I I North near Woody snow holding, ski trails, use. Maintain. ~ Potential addition to Aspen Snowmass NordicTrail System See Map 2 on opposite page and Map 3 on page 25 for location of existing trails and proposed improvements. 22 January 9, 2008 Pitkin County Nordic Trails Plan Q J Q o~ V ~~/ ids O Z Z V W Q J J /~ r~ Vl 3 0 z .. N Q ;I I •/ p ~ i ~~. ~; Q_ _ _ ~ 1~ I •'r~~' !~ ~) i~ ~- ~ _, _ _ , ~ ~ • / i' ~~ __ /~/~ ,~ / i j ,. ,. ~~ ~ ~ ~ ~ b ~ ~ oad ~ '~ `~ ~ a ~~ // ~ U L 1 ~ ~ m ~ : a rig Q `~ _ v v v;:-0- °'' "I ~a o ~ o 1 ~ ~ ~` 1 ~ - ~, _ "" ) 00 i '~; '~11'h V ~ ~ `/ 1` ~ ~ ~~ % ~ ~ . ~i~,, ~._.., ~:~ 1 ~ ,. , e ._,, ,y~~ ~ %~ ~, ~ ~' ~, -____- ~~ H ~ ~ °; ~„ _~ ~. ~~~ ~ ~ z t ~` ~ n ~ ~' `! 0,~j d v ~ I~ 0 d ~~ ~~ z ~~ ~~~ •~ >~ o~ ~Iv ~ m ax ~~ f N °qw yv _Z ¢~o ^U ; ~ ~:~ L ~' ~ ~ N ~ a w ~ v ~ ~ ~Xx F Y "vc F cy« (- p ~ 7J.J W r ~,C ~ om~ v ,. ~ ~~ ~ bl ;i "5 ~, ® ~' ~ r .x ~ N d' Z~~m w~~ 0 ~~ N ~ 1 3oUo~n v 1 0 ~b N z ~ ~ n v,~z ti t ~°~ -a ~ ~ '~ >~ ~ ` °e a F ~ ~ ~ (7 ~ _ =2 r ro ~ ~ ~~ N ~ H'gh ~~ne Rgad .,~~~,~ l.. ~ t ~ °' ~ r is ~ 3 Ha ~ ~ o~, LL a m , ~ ~@ r I , ~N F ~ ~~7 ~ 1~~ ~ ~% \ ~ 1 y £ , w 1 ~. J I~ 11 ~ ~~, N 0 ~ I ~% m ~ Q N N d y® N ~ aa. m. LLI ) ~ G m a r s, e n ~ ~ ~ m ~. cc ~ ro ,~ h a ~ \~ / ~ cv in C oN CC ® 6l N 47 Q G (`7 « Y y r a ~~ O ~~• /, Jf L~L m~ O U O a • Z ~ ~ ~ o ~ mY c ~~ ~ z / ' ( ~m~~o~ `- „ ~ ,~ N JI ` ~ w_ ~, `o e ~ Z ~ ~ s z e ~ H- ~ ~ ,',,1~ ~~` a~ ~ ~Z 'a m~ a o 3 a ~ o u o o ~~ ~- ~ Q m i o m fn .« .r 16 m H ~ ~ n V ~ E -° ~ a a v c I ra m ~ a~ c o d 'c 'c ° ~ x °' ~ c° ~i '\a £ ~ y a P - ~ c. f] E m « N c Q t Q W o N `o "o `a~ o •a f as N o o a a --6 `~ `o o~ w N o o t~ W ~ ~ ~ a ~ v,c°Za°m~=C~vvY, s~ v`~= ~ EE9>-~°~ J r ~ ~, °o ~ ' N ,, ~oQ~~3 ~ r r ~~ \ m 1 January 9, 2008 23 Pitkin County Nordic Trails Plan Mid-ValleyVicinity Nordic Trails Opportunities During the p anning process, existing and future use trends were studied inc uding what needs are not current y being met, and estimating the potentia demands and uses in the future, With the addition of community support, it became apparent that there is the need forthe NordicTrai System to continue to grow, especia y into the wider geographic area of Pit<in County During the community meetings, the mid-va ey area was perceived as being ripe for the expansion of the NordicTrai System,The Nordic Counci was recognized as doing a fantastic job with the'Aspen and Snowmass' NordicTrail System and the question arose of how best to serve the needs of the mid-valley area. The Nordic Counci is in the process of reviewing aternative organizationa structures for serving the mid-va ey area. These incude; Expanding membership of the Nordic Council to include more mid-vat ey members and renaming the Nordic Council to ref ect the wider geographic area, Creating amid-valley Nordic Council that wor<s along with the Aspen Snowmass Nordic Council and has relationships with theTown of Basalt simi ar to the Nordic Council's re ationship with the City of Aspen, Expanding the partnering program to include the Roaring For< C ub, Spring Gulch, Ashcroft, and other private y or pub is y managed Nordic ski areas. Trail (Connector CharacteristicslValue RisldNeeds Proposed Enhancement Major trail connector through Use signage. Possibly move ski valley RFTA maintains Multi-use co-ordination, Road trail to previous track alignment, Carbondale to Catherine Store crossing issues. NearAspen Continue to coordinate with M I Rio GrandeTrail section. underpasses need more snow, RFTA for grooming. Improve trail connections to Close to Basalt and Rio Grande transit, Possible new trailhead Trail, North facing, good snow, near bus stop, Coordinate with PUD approval requires grooming Trails seldom groomed, Public Roaring Forl< Club (RFC) to set M2 Roaring Fork Club of Nordic trails for public. access difficult. trail alignment and groom trails, Central location, potential new Study options and coordinate hub, possible use of playing fields, with landowners and town, connects to Rio Grande, Possible Not currently used for skiing but including recreation department M3 Basalt High School* use of adjacent properties, there is great potential, to set trail alignment and groom, Study options and coordinate Northeast facing Good snow holding, Ditch Identify public access locations, with stakeholders, including M4 hillside -Light Hill* alignment, Grooming unlit<ely recreation department and BLM, Scenic, varied terrain, historic Maintenance, Form of Nordic Council to coordinate Nordic use, possible valley wide arrangement with landowners. with landowners, Could be part M5 Capitol CreekValley* links, annual event occurs. Traff c and parking, of larger valley system, "Down-Valley GovernmentTrail", To remain unmaintained, Linl<to Add signage, Coordinate with valley system, Parking available, Steep access from public part<ing and discuss alternative access M6 Hay ParkTrail* Possible multi-use, on Capitol side, with private landowners, Existing cross-country trail system maintained by Mt, Sopris Spring Gulch and Mt. Sopris Nordic Council, Partially funded Nordic Council to remain Continue to communicate with M7 Spring Gulch** by Pitl<in County independent, Mt, Sopris Nordic Council, ~ Potential addition to Aspen Snowmass NordicTrail System ~~ Separate from Aspen Snowmass NordicTrail System See Map 3 on opposite page for location of existing trails and proposed improvements. 24 January 9, 2008 Pitkin County Nordic Trails Plan _; W Z O a ~~ a 0 ~~ VI J Q ~ < m Q V ` @~ O Z ,~ ~, ~~ W ~~e J °~ J a ~' i ,~ 0 V Z 0 `~ m J V Z ~./ c C C Z O V Z a .. M a Q M~i 'o d :y ~~ ~~ ri' , ~" ~ - ~~ "~ r~ ;, ~, h t.,b~ t ~ i ~t~ e ~~ ~ ~ 4 a°a ~p ~ ~ G` 1~~ ~ ~ ~ ., ~ ~ ~ -~ ,} ~~~ Q ~ ~ ~ O U mr ~a U~ ~~ ~ ~< o ~ a U s, ~ ~ ~ ~ U L ~i i ~O LL 0 U t _v 3 C1 C .L N Cn G ~~1"". ££l ~feM46iN a1 ~ ~ ~ c~ ~ ~ ~_. `7 2 ~..•_ ° r ~~ a 1! ~ ~ ~ ~ ~r h ~ ~y ~~ . x ~4 ~ ~~,~, c ~ f ~ . ,~~ N ~d ~ ,q~ ,~ ~ ~ep m~ `" ~~ ~`~ ,` .~ ,~ ~ ~.,: y' x j ~, ` r ~ , /~ R',t. ', k. W ~+ .i. , L ~ ~f 't ' Q P U $'~~ ~ ,fir k ~~ i ~,! 5 ~.'~" ,N"~ i G ~ - ;r U ~ ' 7 • ''' ~~~ i ' 9 . l " ,~ ~ a~, . ~"~ ~"q_~4 /Q ~~~ ~ ,~ ~ ~ ,. Q 4 .i A, M ~,~ i. , ~ } ~~, '` ~A "ASt 4 x Y/ g 6 ~y .. .da. ~ -: yip 3 i ~ ~ "& ~ ;,t ;~' n ~ n i ~ ~ ~. ~ ~, ~ ~~ fi o ~ti OC M ~ ~' m~ ~ Q ~' ~ N ~°j 0 ~ Q E~ L _v ~ C Z ~ ~ - ~ ~ a > °~~ ~~`~ a ~~ a L / I~ \ 1 r January 9, 2008 25 Pitkin County Nordic Trails Plan Long-term Trails Opportunities The following areas are identified as having Nordic s<iing potentia , Due to circumstances such as property ownership, distance from popu anon centers and accessibi ity, the Nordic Counci is not pursuing these options at this time, athough there was mention of these areas during the pubic meetings,Therefore,these ocations shou d be considered as possibi hies on yThe trai a ignments and easements may initia y be acquired ,t~, ~~~, ~ as summer trai s, Backcountry trai s, inc uding the 0th fr ~,, ~ ,. ~ ~ Mountain and other overnight Hut Systems wi remain separate from the NordicTrail System, _ Y ~ f~ ~ ... .u • In the Aspen Snowmass area the land near the Rio Grande in the vicinity of W/J Ranch may offer gentle terrain with access to the Rio Grande Trail. • Long term, a trai connection from Brush Cree< Road to Aspen Village wou d provide a usefu in<, In addition, trai opportunities may exist in the Watson Divide area, • In the mid-valley area potentia Nordic skiing areas may inc ude the Spring Park Reservoir vicinity on Missouri Heights. • The Crown area near Emma provides summer hiking and bi <ing trai s that may be considered for ungroomed winter use providing there is sufficient snow coverage, • Summer hiking trails in the ower Frying Pan drainage may offer ungroomed Nordic skiing opportunities. • In the lower-valley area Redstone has some Nordic s<iing in the co<e ovens vicinity f trai s were deve oiled in the Crystal RiverValley, they cou d have potentia for Nordic use as we , 6. NORDIC TRAIL SYSTEM OUTREACH AND COLLABORATION Partnering and Coordination The Existing Conditions Section identified the Nordic Council's current partner organizations. This list may be expanded (including current user groups) as follows: • Nordic Wolves (Junior s<i education program) • Basalt Recreation Department • Snowshoe groups • Summer trai systems and organizations • Roaring Fork OutdoorVolunteers (RFOV) • Pitkin County schoo s including the Aspen Schoo District, some RE-I District schools and private schoo s The fo owing partnering actions may be pursued by the Nordic Counci • Continue to bui d on opportunities to use summer trails for winter skiing whi e providing for shared use in appropriate ocations, • Continue to bui d cooperative efforts between public and private groups to faci hate trail access, • Start a forum to promote communication among partners, for example a bimonthly meeting and an e ectronic notice board, • Formalize relationship with partners identifying roles, responsibi hies and f Wanting, 26 January 9, 2008 Pitkin County Nordic Trails Plan User Groups The founding purpose of the Nordic Counci and its associated NordicTrai System is cross-country skiing, however, where appropriate, efforts are made to accommodate a users of winter trai s inc uding snowshoers,wa <ers, runners, dogs, and bikers,The Nordic Council acknowledges the muti-use conf icts of snow covered platforms and strives to find solutions such as: • Continue to identify specific trails for specific uses andlor wider trails to accommodate more types of users, a trai s need not accommodate a users, • Use signage to differentiate trails and inform users, • Further deveop trails standards for different and combined uses, • Identify sections of each go f course that are appropriate for mu ti-use and sign according y • Provide enhancements, or expansion, to the dog trail system inc uding signage and information so peop e <now where to go with their dogs, and dog bags and receptac es atdog-friend y trai s • Determine if more Nordic dog trails can be added to the NordicTrail System, The Nordic Counci recognizes the conf icts with commuter bicyclists and Nordic skiers, especial y on the Rio GrandeTrai ,the Marot, Cast e Cree< and Maroon Cree< Road bridges and the connecting trai between the bridges.The Nordic Council wil continue to work towards resolving the conf icts, inc uding the constriction points, to mace the trai s functions for both parties, Outreach Whi e the Nordic Counci encourages Nordic skiing and winter activities, the focus of the Counci is to provide skiing platforms, During the P an process, the community identified the benefits of additions public outreach to gain a broad base of support,The Nordic Counci and their staff currently provide, and wi enhance, the fo owing outreach efforts; • The Nordic Counci website and the electronic Bu letin Board with grooming reports, trail conditions, events, and news • The Nordic Hotline at (970)429-2039 • Signage on trails • Maps for trails The Nordic Counci will continue to encourage User Groups and Partners to initiate or to continue the fo owing outreach efforts; • Inform locals and visitors about Nordic opportunities through newspapers, news etters and other pubicity • Organize and pub icize fun events, e.g. RFOV ski from Aspen to Basa t or AVSC Progressive Bonfire Dinner or AXCC Ski Extravaganza and Iota s' essons. • Encourage schoo programs and county-wide programs. • Reinforce or create a youth winter sports center and/or community Nordic center • Create a vo unteer winter ambassadors program to help educate the public on the NordicTrai System. • Improve use of website, grooming reports, trail conditions, • Provide educationlinformation to winter trai users to minimize use conf icts. • Support cross-jurisdictional enforcement efforts. January 9, 2008 27 Pitkin County Nordic Trails Plan APPENDIX: EXISTING NORDIC TRAILS DESCRIPTIONS January 9, 2008 /~- Pitkin County Nordic Trails Plan Aspen Golf Course & Cross Country Center The Aspen Cross-Country Center is ocated at the Aspen Go f Course, mi e west of Aspen off Highway 82,The Center offers s<i essons, tours, retai shop, renta s, a ounge, ockers, snac<s, and videos,The Aspen Golf Course and the Snowmass X-C center are the first areas to be groomed after heavy snow. Difficulty. Beginner Length; 2,5 mi es,Access; Free bus service availabe, Moore, Marolt and High School trails are al easi y accessib e from the go f course trai s, High School Trails The High Schoo trac<s offer exce ent s<iing on varied terrain, and in warmer weather have better snow conditions because of the higher elevation and exposure, A shorter .8 mi e oop omits the worst hi s, and a longer 3, I mile loop negotiates hil ier terrain, Please note that new construction has altered the trail layout, Be alert and aware of possible course changes, Difficulty, ntermediate/Advanced, Length; 3, I mi es, Bernese Boulevard Located on the Aspen Go f Course, the Bernese Bou evard provides dog owners and their pets a scenic route around the perimeter of the golf course, Please keep your pet under control at al times Diff culty, Beginner Length; 2 mi es, Access; Free bus service avai ab e, James E. MooreTrail The James E, MooreTrai has a short oop and a connecting trai to the High Schoo , se in and Ow Creek trails,The loop is entertaining because of its fun, winding hil s, Both the f at connecting trai and loop wind through open sage areas that are home to deer, fox and other wildlife, Difficulty, Beginner and intermediate, Length; 2 mi es, Access;The safest access is via the roundabout pedestrian underpass. Or, from the paring of at the Aspen Go f Course, cross under Highway 82 on foot and go 200 feet to the eft (east), Free bus service avai ab e, Marolt PropertyTrails These trac<s are used primari y as an access route between the west end of Aspen and the Aspen Go f Course and the High School tracks. Dogs are a lowed, Difficu ty, Beginner, Length: I.5 miles. Access: From Aspen, by foot, ta<e Hop<ins west to 7th Street and go eft, then turn right at the Maro t Pedestrian Bridge, Maroon Creels Club Trails These tracks are accessed from theTiehac< Nordic Bridge or from the Buttermi < base area, Adventurous s<iers can a so reach these trai s from the Aspen Go f Course by way of the Maroon Cree<Trai ,This scenic section of trac< can sometimes be short of snow and has steep turns and terrain and is for advanced s<iers only Difficulty Intermediate,The connection with the Aspen Go f Course has steep turns and terrain and is for advanced s<iers on y Length; 2 mi es on and around the go f course, Access; Pic< up the tracks beyond the Panda Pea< ift at the Buttermi < Base area, Free bus service avai ab e, A-2 January 9, 2008 Pitkin County Nordic Trails Plan North Star Nature Preserve Loop The Preserve is 175 acres of land east of Aspen that has been preserved to a low its natura ecology to continue with a minimum of human impact, Cross-country skiing and snowshoeing are one of the few uses permitted on its f at, open meadows close to the Roaring Fork River, P ease stay on mar<ed trai s and respect the wi d ife, Note; grooming on this trai is schedu ed on an as-needed basis on y so as to minimize impact. Diff culty, Beginner Length; A ittle over 1.5 mi es. Access; Go .5 miles east of Aspen on Highway 82 and oo< for the sma par<ing area on the right, BenedictTrail This section of trai serves as a connection from the East end of Aspen to the North Star Nature Preserve, It is narrow, winding and most y in the trees, A sma portion of the trai is subject to ava anche danger Difficu ty. Intermediate. Skating not recommended. length: .5 miles from Ute Avenue to North Star Nature Preserve. Access; Fol ow Ute Avenue to the UteTrail paring lot, then up a pub is access 100 yards to where the trai crosses, Free bus service avai ab e, Snowmass Cross-Country Center The redesigned Snowmass Cross-Country Center trai system is the western hub of the Aspen/Snowmass NordicTrai System,The Cross-Country Center, ocated on the go f course, has a retai shop, snac< bar, restaurant, lessons, renta s and tours. Difficu ty. Beginner thru Advanced. Length; 5 miles. Access: By car from Aspen or Snowmass, take Brush Creek Road and turn left onto Highline Road.The first turn-off on the right from High ine Road earls to the Cross-Country Center By bus, ta<e the free s<ier shun e to Snowmass Vil age, then wal< down one eve to Vi lage Shutt e #3 for the Snowmass C ub. On s<is from the Snowmass Vi age Ma ,head to the bottom of Lift #6 and pic< up theVi age Way cross-country trai , Village Way Vi age Way is an access route between SnowmassVi age and the Snowmass Go f Course trac<s, The trai is fairy steep, ma<ing the route somewhat cha enging in either direction, Dogs are a owed, Difficu ty. Intermediate. Access; From Snowmass Vi age, this is best reached from the bottom of the Assay Hi Lift. From the go f course, fo ow the same direction as the Ow Cree<Trai but turn right after Ow Cree< Road Terminator TheTerminator, which oops around theTwo Cree<s deve opment, is an exciting trai for advanced cross- country s<iers,This oop can a so be used to access the Ow Cree<Trai , Difficu ty. Advanced. Length; 3 miles for the loop. Access: Fol ow the same direction as the Owl CreekTrai but continue straight uphi after crossing Ow Cree< Road Be aware and yie d to downhi s<iers, January 9, 2008 A-3 Pitkin County Nordic Trails Plan Owl CreelcTrail This popu ar and scenic trai connects Aspen and Snowmass Vi age, hugging the south side of the Roaring For< and Ow Cree< va eys, Most s<iers use this trai as a casua tour with a unch brea< and fight touring gearThe easiest and most popu ar stretch of trai runs from the West Buttermi < Road to the Snowmass Cross-Country CenterAnother popu ar option from West Buttermi < Road is to s<i to Sinc air Divide and bac<,The newTiehac< Nordic Bridge wi a ow skiers easy access to the Ow Cree<Trai from the Aspen Cross-Country Center Fo ow the green discs to stay on course when crossing the Buttermi < S<i Area, Be aware and yield to downhill skiers, Difficulty, Intermediate; most of the trai is good for beginners, but the occasional hil s add some difficu ty East ofTiehack, the trail is for advanced skiers only Length: 9 miles from the Aspen Go f Course to the Snowmass Cross-Country CenterAccess; SnowmassVi age;Vi age WayTrai or Snowmass Cross-Country Center Fo ow signs,West Buttermi < Road; Drive through the Main Buttermi k paring of from Highway 82 to West Buttermi < Road at the far right corner of the ot,The Ow Cree<Trai crosses .4 mi es up the road, by a sma paring area on the right, Tiehack; Experienced skiers can s<i from the base ofTiehac< up a ong the right side of the a pine trai to the Oregon Trai towards and across Main Buttermi <, Fo ow the green discs, Aspen Go f Course;AccessTiehac<viathe James E, MooreTrai and the newTiehac< Nordic Bridge, Rio Grande Trail A popu ar wa <ing, s<iing and snowshoeing trai ,the Rio Grande fo ows the o d Denver and Rio Grande Railroad bed along the Roaring Fork River,The mostly f at trai gently meanders through the quiet woods and open sage areas, Because this trai is easy, mar<ed and not groomed, it offers the opportunity to have an adventure in a more primitive setting, Note; the snow can deteriorate quic<y on this trai ,The Rio Grand is a Dog Friendytrai , Dog owners are required to <eep their companion on a eash and to pic< up aftertheir pet Difficulty, Beginner Length: Up to 20 mi es one way, from Aspen to Basat; Access;The eastern end starts behind the Aspen Post Office, Ca I for more information as to other access points, Free bus service avai ab e, Maroon Creek Road The USFS road to Maroon Lake is not p owed in the winter, T Lazy 7 operates snowmobile tours to the ace and grooms the road to the ace. There are no c assic tracks, but its gent e c imb and scenic wonders are very nice, Ca Ava anche Warning Center for information on bac<country conditions. Respect c osed signs, Share the trail with other users, Difficu ty. Beginnerllntermediate, Length; 6 miles to Maroon Lake, Access; Drive 3,5 mi es up Maroon Cree< Road unti the road is c osed. Park in the lot across from the reindeer Dogs are a owed, Independence Pass Road This road is not p owed in the winter T-Lazy 7 operates snowmobi e tours up this road and occasions y grooms it up to Linco n Gulch Road, located 5 mi es up from the beginning point, Cal Avalanche Warning Center for information on backcountry conditions, Share the trail with other users, Difficu ty. Beginnerl Intermediate, Length; Up to 6 miles one way Access: Drive 5 mi es east of Aspen on Hwy 82 until the road is c osed, Dogs are a owed, A-4 January 9, 2008 Pitkin County Nordic Trails Plan VlG MEMORANDUM TO: Mayor and City Council FROM: Charles O. Bailey, Water Treatment Supervisor THRU: Phil Overeynder, Public Works Director THRU: Steve Barwick, City Manager THRU: John Worcester, City Attorney DATE OF MEMO: April 7, 2008 MEETING DATE: April 14, 2008 RE: Contract Awards for Clarifier Covers REQUEST OF COUNCIL: Staff requests award of two contracts to provide fqr purchase and installation of fiberglass dome covers for the Castle Creek Water Treatment Plants' two (2) 75' circular clarifiers. The contract awards are to DEI Systems, Inc. and to Integated Water Services, Inc. The total of the two contracts is $380,306. The proposal from DEI Systems, Inc. for fabrication of dome covers and Integrated Water Services, Inc. for professional installation services is more than the amount previously budgeted for this equipment PREVIOUS COUNCIL ACTION: City Council approved funding for construction of covers in 2007. BACKGROUND: The open air clarifiers were constructed in 1965 as part of Federal & State process coagulation & sedimentation requirements for creation of potable water supply. DISCUSSION: The Water department desires to purchase and have installed two (2) circular fiberglass dome covers. These covers will protect the mechanical flocculation drives, mandated by the state, from ice damage during winter months. Also, the covers will inhibit formation of disinfection byproduct precursors which can result from the pre-chlorination process in the summer months. Previously approved funds of approximately $252,000 for two covers went unused because the single source cover supplier went out of business late in 2006. Another supplier of specific design criteria was contacted in June 2007 at an increased cost of $128,306. If these contracts are approved by Council, the equipment will be shipped for installation within 12-16 weeks. This fits the current project schedule and allows other elements of the design Page 1 of 2 process to take place. The next step will be completion of preliminary engineering design drawings for the dome covers, tentatively scheduled for Mazch. Current plans are to request engineering shop drawings and to have domes fabricated and delivered by May 1st, 2008. Installation Construction of the dome covers is dependent on completion of the shop drawings for fabrication. The current schedule for project completion is June 15`h, 2008. FINANCIALBUDGET IMPACTS: Existing 2007 appropriations for this project, which will be part of the spring 2008 carryforward supplemental, aze $252,000. This appropriation was intended to cover the cost of the two (2) dome covers only. The installation supervision on the dome covers and construction activities will be the requested budget supplemental. A supplemental appropriation of $128,316 will be necessary. This cost can be attributed due to increased snow load requirements and professional installation assistance. Previous council action for funds was for materials only and did not include costs related to engineering, installation and construction supervision. The proposed contract award is within the amount for single source supplier of the required specific design criteria. ENVIRONMENTAL IMPACTS: Installation of the clarifier covers will not affect any environmental criteria outlined by the City of Aspen's canary initiative. There is possibility of future solar retrofitting of dome panels for energy savings. RECOMMENDED ACTION: Staff recommends awazd of the Clarifier Covers to DEI Systems, Inc. of Salt Lake City Utah in the amount of $295,702 and $84,604 to Integrated Water Services, Inc. of Avon, Colorado for professional installation services. ALTERNATIVES: Other designs researched included geodesic design covers that were more expensive and had a higher elevation profile than desired. PROPOSED MOTION: I move to approve Resolution # ~~- - ~ v~2_q ~e,~ l,~ a,~¢a ~~ i C.t~_ CITY MANAGER COMMENTS /~~e.~-e.~-Pad C~,(~~}~-t Page 2 of 2 RESOLUTION # Z,b (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND DEI SYSTEMS SETTING FORTH THE TERMS AND CONDITIONS REGARDING WATER PLANT CLARIFIER COVER CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and DEI systems , a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and DEI systems regarding Clarifier covers, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held *** Kathryn S. Koch, City Clerk la• ~o~° e• m ~z• z• >~ n` ~f 2 nF°~ + ~ x ~~~ a a : m v t___ PP m~ - 9~= ~ _ a~ ~~~ m~ m' BRA (FLWUE> ."'~: m g o o~ 1 t' 3r~°~ AS RFAUIREU n ~r ~~yN FUR VENT Y ,. u~+ tN N _ CC}h^ 5~S' ~ Gu fio: J~ ~ A A 67~ Fn i'-~' ~ ~ n. ~ ..F 6,-8' ~N ~ ~ o n ! 1 ~ ~$: ~ ~ N A' ~ ,P a ~ - i• s~ ~. ~A •~ ~ ~~ ~ ~u .o ~ 1~. Y . 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To vP.) • sra¢s a za• -fl ~-- I e~ ~ ~^~ a '~ ~ ~'• ~ ~s ~ 9 , O ~N H z ~ ~ ~ ~ ~ •L ' c w \\ I _ ~ - ~~~ ~~~ AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and DEI SYSTEMS INC. ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: C,c-Slt Pa~;N~ oc.~.egk;ak~~F o-(~:c;~1 4'..0. ~zr,~c~i Scope of Work.~Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" and Exhibit "B" attached hereto, and by this reference incorporated herein. q~~eFaccC~i~1cS~G~ o~,G~~L,~ Completion. Professional shall commence work immediately upon receipt of a P"v written Notice to Proceed from the City and complete all phases of the Scope of Work as h W k h- `~`~j~ e or expeditiously as is consistent with professional skill and caze and the orderly progress of t in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than JUNE 15TH, 2008. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. D~ j~}~; ~nt/ ~~~ ~~~ ~'~~' nr,n~~ r, ar D~nF ec:nno~ n ~ // 10. llll.I3L. 111 L.V3IJILLL.10.L1VIl Vl L1lL. WV3 y ~ xhi ~,~ lj u~u ,t rt, >, i r + F ..r. n. c.,,.:w:. <L~„ n....o..a..a ,.~_...~ Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed ~~~ TWO HUNDRED NINTY FIVE THOUSAND SEVEN HUNDRED TWO DOLLARS ($295,702.00). Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the Pst-9n.do~ T>etidN$• Nor a ~F E4eltptW'x.:'T. 196 fii5l.f~"h~T IF PF. f ~ EIS. KUh.'~ Page 1 W* 3~'tf! 15 SAYS. A F(t+ANGE &OARu"E QF ...^`Y FEf? (~ feNt WILL ilE "i~kPGE:~ ON nWY C~~~T'LNDING ~lx/~ 4,Ai_l;N:-E "~UC.IOw+lJC ~.?^ ~pvr termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepazed by the Professional pursuant to this Agreement shall become the property of the City. , Pr..Fucc:nn.il ..6.,ll ...d do .el:... ,..,1 ,.C ....., l:..l.a:a., a,. al.o !`:a.. F ..J.,«..,..e.......a,,;..e.] 1.., a6o !': a., 1... virt, f t. H F 6' A~ «a L ~ al..- n_,-c ..,.:.._..1 _A . n: -_J ___.~_ t . _ ~ Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is PS 1-971.doc Page 2 determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any clalms- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PSl-97Ldoc Page 3 (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately temvnate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and aze available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PSI-971.doc Page 4 Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbeazance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbeazance or indulgence. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Puroose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work PS1-971.doc Page 5 under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who aze newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees aze not employ illegal aliens. d. Professional hereby confines that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who aze not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional PS1-971.doc Page 6 shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz months thereafrer, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby sweazs or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. PS1-971.doc Page 7 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there aze no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: ~~~ ~~~et~S~ ~N C~ _ ~~ G ~ g Title: ~ ), ~ CSC' SC.i~Ir_~1/ I' IG~~ ~ ~q Date: Z~ G~ v PS i -971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work PSI-971.doc Page l0 Exhibit "B" to Professional Services Agreement Rates ~~ ~R;c;N~ ;S ~~x~ LwM.P ~~~ a-,~~ ~s ~o ~ pa.~ PSt-971.doc Page 11 EXHIBIT "B" to Professional Services Agreement Rate Schedule PS 1-971.doc Page 12 RESOLUTION # (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND INTEGRATED WATER SERVICES SETTING FORTH THE TERMS AND CONDITIONS REGARDING WATER PLANT CLARIFIER COVER CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Integrated Water Services , a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Integrated Water Services regarding Clarifier covers, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held *** Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter staked, bet~een the CITY" OF ASPEN, Colorado, ("City") and INTEGRATED WATER SERVICE>. ("Professional"). For and in consideration of the mutual covenants contained herein., 'he p~u-ties a~~ree as follows: Scope of Work. Professional shall perform in a competent and :professional manner die Scope of Work as set forth at Exhibit "A" and Exhibit "B" attached hereto, nd b} dais rc_`erence incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly rrogTess o- the Wcrk in a. timely mamrer. The parties anticipate that all work pursuant to this agreement shall be completed no later than JUNE 15TH, 2008. Upon request of the City, Professional shall submit. for the City°s approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions a•rd for ap~n;vals of authorities savingjursdiction over the project. This schedule, when approved b7 the Cit}~, stall not, except for reasonable cause, be exceeded by the Professional. Pa in consideration of the work performed, City shall pay Professional en-a time z~rrd-ex_ .for all work performed. r:ed-f>l~-gra€ass~rna] . Exrcpt a: a:herwise mutually weed to by the parties the payments made to Professional shall net initially exceed EIGHTY' FOUR THOUSAND SIX HUNDRED FOUR llOLLARS ($84,f04.00). Protcssi.ar~al shall submit, in tnnely fashion, invoices for work performed. The City shall review such invoices and. if they aze considered incorrect or untimely, the City shall review the ma+:r with Professional within ten gays from receipt of the Professional's bill. Nan-Assignability. Both parties recognize that this contract is, one far persona] services and cannot be transferred, assigned, or sublet by either party w ithout prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be ~°~ d remaizi solely rPSponsible to the City for the acts, errors, omissions or neglect of any sucoarrtracta_s ~~fficers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. T.he City shall not be obligated to pay ar be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may terminate t}~.is ^.greement. wits'rout specifying the reason therefor, by giving notice, in writing, addressed to the other parh.~, sp.,cify';ng PS1A77.doc Paee I the effective date of the termination. No fees shall be earned after the etfective date of the termination. Upon any termination, all finished or unfuushed documents, da<o., studies, ~urvevs, drawings, maps, models, photographs, reports or other material prepazed b,y the Professional pursuant to this Agreement shall become the property of the City. Notwiti~ ?anding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as tte exact <rtnount of damages due the City from the Professional may be determined. Cover_ant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide empia~ ee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay an.r cumpan7 or person, other than a bona fide employee, any fee, con-,mission, percentage, brokerage fee. gilts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be constracd as establishing an employment relationship. Professional shall be, and shall perform as, an indc:pend.nt Ce-sltractor who agrees to use his or her best efforts to provide the said services on behalf n~ the City. Pau agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this ccrtract. The manner and means of conducting the work are under the sole control of Professional. [~ one of the benefits provided by City to its employees including, but not limited to, workers' compensation, insurance and unemployment insurance, aze available from City to the emplo}-ees, <lyents er se~~ anis of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in ; onnection with, and shall assume full responsibility for payment of all federal. state and local to:c:~s or conUibutions imposed or requited under unemployment insurance, social security and income tax law, Seth respect to Professional and/or Professional's employees engaged in the perfo~nanae of the ,ervices agreed to herein. Indemnification. Professional agrees to indemnify and hold hvYnless the City, its officers, employees, insurers, and self-insurance pool, from and against all Eability, claims, and demands, en acco~.rnt of injury, loss, or damage, including without limitation ,aims atisi~lg from bodily injury, personal injury, sickness, disease, death, property loss or damage, o any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss. or damage is caused in whole or in part by, or is claimed to be c.:used in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other foal: of the Professional, any subcontractor of the Professional, or any officer, employee, represent:aive, or agent of the Professional or of any subcontractor of the Professional, or nhi; h arises ou*. of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handIc, respond to, and to pro~~ide defense for and defend against, any such liability, claims or demands at the sole es.~~ense of the Professional, or at the option of the City, agrees to pay the City or reimb.ase the Cad. for the PSI-971.doc Page 2 defense costs incurred by the City in connection with, any such liability. claims. or demands. If it is detemuned by the final judgment of a court of competent jurisdiction that such injwv. loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the j i_dgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and. maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or hoes. (b) Professional shall procure and maintain, and shall cause. any sabcontracior of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forns and insurance acceptable to the Pity. All coverages shall be continuously maintained to cover all liability, claims. ~.emar.ds, and otaer oblisations assumed by the Professional pursuant to Section 8 above. In the case of any cla.ims- made policy, the necessary retroactive dates and extended reporting periods shall be pmciued to maintain such continuous coverage. (i) YI'orkers' Compensation insurance to cover obligations impcsed by applicable laws for any employee engaged in the performance of work order this contract, and Employers' Liability insurance with minimum linuts of FIVE HUNDkrD THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured states may be substituted for the Workers' Corpensation requirements of this paragraph. (ii) Commercial General Liability insurance with ;ninimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS (SI,000,000.00) aggregate. The policy shall be applicable to all prem'ses and operations. The policy shall include coverage for bodily injury, broad fv:7n property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket ,contractual, independent contractors.. prodrets, and completed operations. The policy- shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with r~ir_imum combined single limits for bodily injury and property damage of not less thatt ONE I~'iLLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($].000,00- 0.00) aggregate with respect to each Professional's owned, hirf;d and non-owned vehicles assigned to cr used in performance of the Scope of Work. The poiic}~ shall contain a severability of interests provision. If the Professional has no owned automcbi!es, the PS1-971.doc Page 3 requirements of this Section shall be met by each employee of the ProessionaI providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE Ml LLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c;} The policy or policies required above shall be enaorsed to include the City and the Cit-y%s officers and employees as additional insureds. Every policy required above shah be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or prov°ided through any insurance pool of the City, shall be excess and not contributor} insurance to that provided by Professional. No additional insured endorsement to the policy required abe~-e shall contain any exclusior. for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any peli<y required abo~~e. (d) The certificate of insurance provided by the City shall be completed by the Frofessional's insurance agent as evidence that policies providing the required coverages. condi- tions, and minimum ;'units are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shat be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, temunated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e} Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such poliry or any extended reporting period thereto and may pay an}' and all premiums in connection there~~th, and all monies so paid by City shall be repaid by Professionai tc Cty upon demand, or City may offset the cost of the premiums against monies due to Proi~ssional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g~ The parties hereto understand and agree that City is relying on, and does not wai~~e or nrtend to waive by any provision of this contract, the monetary limitations (prwsently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seg., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIP.SA) and as such partiapates in the CIRSA Froperty'Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. PS1-971.doc Page 4 City shall provide Professional reasonable notice of any changes in its membership or padcipation in CIRSA. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or written representations, agreements, warranties or promises pertaining to the project natter thereof not expressly incorporated in tlus writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Cit} Citg Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Nan-Discrimination. ItiTO discrimination because of race, color. creed, sex. marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal cede, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or cor_diticn hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regazd whatsoever shall not constitu*.e a waiver of a'1v term, covenant, or condition to be performed by Professional to which the same may apply a-td, until complete performance by Professional of said tern, covenant or condiY~?n, the City shall be entitled to invoke any remedy available to it under this Agreement oz by lavr despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall he binding upon all parties hereto and their respective heirs, executors, administrators, successors, anti assigns. ~orivith- standing anything to the contrary contained herein, this agreement sha~11 not tie binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of .Aspen authorizing the Mayor (or z. duly authorized official in his absence) to execute the same. 16. Illegal Aliens -CRS 8-17.5-101 & 24-?6.5-101. a. Purpose. During the 2006 Colorado legislative session, the uegislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) anal U6-102_ that added new statutes relating to the employment of and contracting with illegal aliens. These new PS]-97t.doc Page 5 laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work udder a contract, or to krcwingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new lave. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment veriitcation program created in Public Law 208, 104th Congress, as amended, and exparded in Fublic Lave 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely- incidental to the required performance. c. By signing this document, Professional certifies-and represents ghat at this !.ime: (i) Professional shall confirm the employment eligibility of al employees who are newly hired for employment in the United States; and (iij Professional has participated or attempted to participate in the Basic Pilot Frogram in order to verify that new employees are not employ iaegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract ne-o.• employee without confirming the employment eligibility of all such emp~oyees hired for employment in the Unified States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility foz employment iu the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not emplo? any new employees who are not eligible for employment in the Lt;ited Stales: and if Professional has not been accepted into the Federal Basic Pilot Program prior to PS1-971.doc Page 5 entering into the Public Contract for Services, Professional s~~all forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the :r'ederal Basic Pilo; Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Prof ssional shall: {1) Notify such subcontractor and the Ci*y of Aspen within three days that Professional has actaal knowledge that the subcontractor has newly employed or contracted wth an illegal alien, and {2) Terminate the subcontract with the supcontractor i' within three days of receiving the notice required ptrsuant to this section the subcontractor does not cease employing or contrac=:ing •,~ith the new employee who is an illegal alien; except that Pmfessicnal shall rot terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor prcvides information to establish that the subcontractor has not knowingly employed or contrasted with an illegal alien. (vi) Professional shall comply with any reasonable, rogues: by the Colorado Department of Labor and Employment made in-the course of an investigation that the Colorado Department of Labor and Employment undertake, or is urr~rrtaking pursuant to the authority established in Subsection 8-17.5-102 `:~), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Fublic Contract for Services. If tre Public Cr_tract for Services is so terminated, Contractor shall be liable for actaal and corseuuential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (]) is a citizen of the United Stt~ttes or otherwise lawfully present in tL.e United States lrarsuant to federal PS1-971.doe Page 7 law,(Z) shall comply with the provisions of CRS 24-76.5-101 et seq., and ~ 3) shall produce one of the forms of identification required by CRS Z4-?6.5-103 prior to the effective date of this Agreement. 17. Genera: Terms. (a) It is agreed that neither this agreement nor any of its ternrs, urovisions, conditions, representations or covenants can be modified, changed, terminated rr amended_ waived, superseded or extended except by appropriate written instrument fully executed ~y the parties. (b) If any of the provisions of this agreement shall. be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of ary other provision. (c) The parties acknowledge and understand that there .ate no conditions or limitations to this understanding except those as contained herein at the tame of the execution hereof and that after execution no alteration, change or modifcation shall be made ezcent upon a writing signed b} the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WIIEREOF, the parties hereto have executed, or caused ro be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PSI-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Tide: Date: PROFESSIONAL: WITNESSED BY: _ L;~ ~- ,i By: J ~''~~ ~/hfls Tide: V.~ WS: ~[SS Q~~vma,-h~ Date: ~~ ,~p ~/ PSt-971.doc Page 4 EXHIIRIT "A" to Professional Services Agreement Scope of Work SCOPE OF WORK • Mobilization • Removal and disposal of fence on top of existing clarifier walls • One mobilization and operation of crane or boom truck • Construct Two 75 foot diameter FRP covers on top of clarifiers • Site Clean-up CON DITIONS/EXLCLUSI ONS • Corstruction site must be dry and adequate access must be provided in order to construct covers. Snout removal during construction will be charged on a time and materials basis. • All materials are to be provided by the City of Aspen. IWS does not warrant or guarantee any materials. Additional materials required that are not provided by the City of Aspen will be charged on a cost plus 15% basis. • Delays due to materials shortages or weather will be charged on a time and materials basis. • Unforeseen site conditions not anticipated due to snow cover ar time of site visit may result in additional cost. • Ali landscaping, seeding, concrete and asphalt resurfacing to be ~ro~~ided by others. + A maniift is not included in cost and is assumed to be unnecessar;~ • Eonding is not included in price. A bond may be issued for additional cost depending an City of Aspen requirements. • Cost assumes that materials will be stockpiled within 70 feet of clarifiers. • Electrical power supplied by owner. • Proposal assumes DEI to supply rep during installation. • Permits, if required, to be obtained by others. • Rerouting of utilities is not included and will result in additional cost. + Cost assumes that mid-section is supported by temporary framing support constructed on man-way at pump location. • Payment terms are Net 30 • Proposal is valid for 30 days from date of proposal above PS1-971.doc Page 10 Exhibit "B" to Professional Services Agreement Rates N/A PSlA7l.doc r^age ll EXHIBIT "B" to Professional Services Agreemtent Rate Schedu_e N/A PS1-971.doc Page 12 Proposal For: CONSTRUCTION SERVICES CITY OF ASPEN WATER DEPARTMENT CLARIFIER COVER INSTALLATION Submitted to: Charles 0. Bailey Submitted by: Integrated Water Services, Inc. P.O. Box 9570 Avon, CO 81620 Integrated .....:..ern January 2, 2008 City of Aspen Clarifier Cover Construction INTRODUCTION Integrated Water Services, Inc. is pleased to present this proposal to construct two clarifier covers for the City of Aspen Water Department. Integrated Water Services (IWS) specializes in engineering and constructing water and wastewater solutions for camps, residential communities, commercial properties, public entities and municipalities. This proposal is based on preliminary information prepared by DEI Systems, Inc. in addition to a site visit in December, 2007. We have made some assumptions in the preparation of this proposal in areas where detail and specifications were not provided. SCOPE OF WORK • Mobilization • Removal and disposal of fence on top of existing clarifier walls • One mobilization and operation of crane or boom truck • Construct Two 75 foot diameter FRP covers on top of clarifiers • Site Clean-up LUMP SUM PRICE OF SCOPE OF WORK: $84,604.00 Lump Sum Price is contingent upon changes in scope of work, unforeseen conditions, as well as unforeseen design or material modifications. CONDITIONS • Construction site must be dry and adequate access must be provided in order to construct covers. Snow removal during construction will be charged on a time and materials basis. • All materials are to be provided by the City of Aspen. IWS does not warrant or guarantee any materials. Additional materials required that are not provided by the City of Aspen will be charged on a cost plus 15% basis. • Delays due to materials shortages or weather will be charged on a time and materials basis. • Unforeseen site conditions not anticipated due to snow cover at time of site visit may result in additional cost. INTEGRATED WATER SERVICES, INC. z . . City of Aspen Clarifier Cover Construction • All landscaping, seeding, concrete and asphalt resurfacing to be provided by others. • A manlift is not included in cost and is assumed to be unnecessary. • Bonding is not included in price. A bond may be issued for additional cost depending on City of Aspen requirements. • Cost assumes that materials will be stockpiled within 70 feet of clarifiers. • Electrical power supplied by owner. • Proposal assumes DEI to supply rep during installation. • Permits, if required, to be obtained by others. • Rerouting of utilities is not included and will result in additional cost. • Cost assumes that mid-section is supported by temporary framing support constructed on man-way at pump location. • Payment terms are Net 30 • Proposal is valid for 30 days from date of proposal above We appreciate being considered for this work and look forward to working with you on this project. Please feel free to contact me at your convenience if you have questions or need more information. Sincerely, ~~ Jeff Thomas, Partner Integrated Water Services, Inc. Tel: 720-221-4366 INTEGRATED WATER SERVICES, INC. 3 via MEMORANDUM TO: Mayor and City Council FROM: John L. Hiues, Utilities Engineer THRU: Phil Overeynder, Public Works Director THRU: Steve Barwick, City Manager THRU: John Worcester, City Attorney DATE OF MEMO: April 4, 2008 MEETING DATE: Apri114, 2008 RE: Contract Awards for Castle Creek Water Supply Hydraulic Improvements REQUEST OF COUNCIL: Staff requests award of a contract to provide for the repair and replacement of city's pipeline that is carrying the water supply from the Castle Creek intake to the Water Treatment facility. The contract award is to Gould Construction in the amount of $617,563.56 for intake improvements, sluiceway improvements, and pipeline modifications. PREVIOUS COUNCIL ACTION: Council reviewed the feasibility study for the Castle Creek Hydroelectric facility in April of 2007 and approved a contract with Smart Mahoney Associates for project planning. In August of 2007 Council approved two ballot measures related to siting the plant and providing for the issuance of bonds up to $5.5 million. Voters approved the ballot measures in November of 2007. Council awarded a bid to purchase the turbine and gen set in February 2008. This contract award is to do the improvements to the Castle Creek Water supply transmission line to maintain the volume of water to meet the needs of the municipal water system and to supply the Castle Creek Hydroelectric facility with water. BACKGROUND: The Castle Creek supply line was completed several decades ago. At its inception, there were two "pinch points" reducing this transmission line down from a 32-inch pipe to a 24-inch pipe. These constrictions reduced the amount of deliverable water to the Thomas Reservoir. DISCUSSION: The Water Department desires to award this contract to Gould Construction to repair and eliminate the "pinch points" on the water supply line. If these contracts are approved by Council, the construction is slated to begin around April 15th, 2008, weather and snow pack Page 1 of 2 permitting. Due to the water supply line having to be de-watered to complete this job, it will be done in two phases: 1) in the spring during low water demand; and, 2) in the fall before winter weather commences. This fits the current hydroelectric project schedule and allows other elements of the hydroelectric plant design process to take place. The next step will be to commence repairing the line at the Castle Creek intake in the spring and the aerial replacement in the fall. FINANCIALBUDGET IMPACTS: Existing 2008 appropriations for this project are $3,275,000. This appropriation was intended to cover the cost of the equipment, plus the first year's construction activities on the penstock and the engineering costs. The proposed contract award is within the amount appropriated and also fits within the project budget for the equipment. ENVIRONMENTAL IMPACTS: The proposed repair will allow us to facilitate the hydroelectric facility, which will generate enough electric power for 655 typical homes in Aspen, thereby reducing carbon emissions that currently result from the city's coal-fired power purchases, as well as allowing the city to use its full water rights. RECOMMENDED ACTION: Staff recommends award of the contract to Gould Construction of Glenwood Springs, CO in the amount of $617,563.56 for construction and repair of the Castle Creek Water Supply line. ALTERNATIVES: The alternative would be to award the contract to the second ranked bidder. The second rated bidder came in at a price of $744,900.00. PROPOSED MOTION: I move to approve Resolution # ~J~ CITY MANAGER COMMENTS: S C-oKX~(a- Page 2 of 2 RESOLUTION # ~~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING CASTLE CREEK WATER SUPPLY HYDRAULIC IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Gould Construction, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Gould Construction regarding Castle Creek Water Supply Hydraulic Improvements, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 14, 2008. Kathryn S. Koch, City Clerk C(t~l~'s cn(st~ CONTRACT FOR CONSTRUCTION THE CTTY OF ASPEN THIS AGREEMENT, made and entered into on April 14, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Castle Creek Water Supply Hydraulic Improvements, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Six Hundred Seventeen Thousand Five Hundred Sixty Three Dollars ($617,563.00) DOLLARS or as shown on the BID proposal. Page 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1-971.doc Page 2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and wnditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: CITY OF ASPEN, COLORADO By: APPROVED AS TO FORM: By: City Attorney CONT TOR: By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~~Gr"QL~D ) SS. COUNTY OF C-7A/~~ ) ~~ On this _~ day of ~~+ ~ , 'b9, before me appeared being bx me first duly sworn, did say that s/he is to me personally known, who, f- of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. `J~O``~~,pIS+O~//,~,i~~ii L~[S/fiYY/ `( J~~ 3~`'~' o~PRy •..~ ~_ Notary Public J ~ .; O ••.. s ~~' '~ ~ . ,~ Address My commission expi4'~S'~'e~ 8. ZO(L -cci BID PROPOSAL FORM ESTIMATED OUANTITYLIST BID ITEM pE`C'RiPTION UNIT Oi1ANTITY 1-INTAKE IMPROVEMENTS LS One 2-SLUICEWAY MODIFICATIONS 2A - 42" CL 50 D1P P[PE $/FOOT 745' 2B -ALL OTHER SLUICEWAY, CANAL GATE, AND PIPELINE MODIFICATIONS LS One 3-AERIAL CROSSING LS One Uninsulated Steel UNIT TOTAL PRICE ~'! $]8,]84.97 $18.184.97 $547.63 $ 407,984.35 $30.022.09 $ 30.022.09 $ 112.202.37 $112.202.37 4-Meter Installation LS One $49,169.78 $ 49_]69.78 TOTAL BID IN NUMBERS:$ 617.563.56 Total Bid in Words: Six hundred seventeen thousand five hundred sixty three & 56/100 I acknowledge that in submitting this bid it is understood that [he right to reject any and all bids has been reserved by the owner. Authorized Officer: Full name signature: Company address: _ , Title: _ `~~~...._._ Telephone number ~~ ~] ~ = 1 ~{.S -- Fax number: ~ ~z -' j if,~ '' ~S'~` /~~~ ~ Attested by: / BP1-971.doc 'BPi age 1 Contractofs Initials Certification and Suuplemental Conditions to Contract for Services - Conformance with &8-17.5.101, et sea. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms aze defined in the new law and by this reference aze incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen "Public Contract for Services" means any type of agreement, regardless of what the agreement maybe called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: I . Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen azising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Publ. Cont By: Title 1PW-saved: 3/G/2008-867-M:\city\cityatty\contractVorms\certification - hb-06-1343.doc v~~ MEMORANDUM TO: Mayor and City Council FROM: Scott Chism, Project Manager, Parks and Recreation Dept.S~'`' ' Austin Weiss, Trails Coordinator, Parks and Recreation Dept. THRU: Stephen Ellsperman, Parks and Open Space Dir for Jeff Woods, Manager of Parks and Recreation DATE OF MEMO: April 1, 2008 MEETING DATE: April 14, 2008 RE: Resolution #2008-~: Approval of the Engineering Professional Services Contract for the Castle Creek Underpass and Bugsy/Marolt Trail Project REQUEST OF COUNCIL: At this time we aze requesting you to authorize an Engineering Professional Services Contract for the ENGINEERING DESIGN SERVICES OF THE CASTLE CREEK UNDERPASS AND BUGSY/MAROLT TRAIL PROJECT for the amount of $97,500.00. PREVIOUS COUNCIL ACTION: The City Open Space and Trails Boazd identified improvements for this section of public trail as a priority project for 2008. City Council concurred with the approval of the 2008 budget for parks and open space projects. BACKGROUND: The Engineering Consultant, Loris and Associates, Inc., was selected from a group of three (3) qualified engineering consultants to provide design services for trail alignment and drainage solutions to the Castle Creek Underpass and Bugsy/Marolt Trail. The Engineering Consultant has developed a work scope that should be acceptable to the City in order to complete design development drawings, construction drawings and specifications necessary for construction of trail improvements. The Engineering Consultant is required to assist City staff to fully develop a pedestrian bridge structural design underneath the Castle Creek Highway 82 vehicular bridge and an improved pedestrian crossing of Cemetery Lane at Bugsy Barnazd Pazk. DISCUSSION: The Castle Creek Underpass and Bugsy/Mazolt Trail is a trail linkage that connects Cemetery Lane, through Bugsy Barnazd Pazk, under Highway 82, to the Marolt Open Space. The existing condition of this connection is problematic due to a lack of sight lines for trail users, steep grades, poor drainage, a narrow corridor, and high levels of vehicular traffic at the Cemetery Lane trail crossing. Staff believes a series of design solutions can be developed to make the entire trail alignment, including the Cemetery Lane crossing, safer for the trail user. Page 1 of 3 The two primary cost drivers for the project will be design coordination with the Colorado Departrnent of Transportation (CDOT) and the construction of a structural support of the pedestrian trail under the vehicular bridge that does not adversely affect the vehiculaz bridge abutments. Design work for the Castle Creek Underpass and Bugsy/Mazolt Trail improvements will ~~cismmence following contract approval and continue through August 2008. Construction work is currently anticipated to begin in September 2008 and be completed in eazly November 2008. The construction schedule could extend to spring 2009 depending on the complexity of the design solution and any necessary approvals by CDOT. FINANCIAL/BUDGET IMPACTS: A project budget of $584,000.00 was established in late 2007 and approved by City Council. The Engineering Consultant, Loris and Associates, Inc. proposes to complete the Scope of Services covered under this Engineering Professional Services Contract for Ninety-Seven Thousand Five Hundred Dollars ($97,500.00). The technical nature of the trail underpass crossing under the state highway bridge has primarily contributed to the design cost. The primary `wildcazd' relative to the project budget is the level of work that will be necessary to meet requirements of CDOT in order to create a trail support solution under the highway bridge and adjacent to the bridge abutments within the CDOT right of way. Depending on the design solution, supplemental funding may be necessary to the project budget. As the Engineering Consultant develops a design solution with staff, CDOT and public input, construction cost estimates will be prepazed to allow evaluation of the project and effects to the project budget. Loris and Associates, Inc. has an established "track record" of providing accurate and/or conservative estimates of construction costs to Parks Department staff. ENVIRONMENTAL IMPACTS: The Castle Creek Underpass and Bugsy/Mazolt Trail provide a connection between the Cemetery Lane Trail and the trail system within the Mazolt Open Space that leads into town over the Marolt Pedestrian Bridge. The connection is well used but has been the location of a large number of `neaz misses' and actual accidents due to the current safety problems of the existing trail alignment. Abetter, safer trail connection will potentially encourage more trail use between the Cemetery Lane neighborhood and central Aspen and reduce vehicular trips on the highway. The steep embankments under the vehiculaz bridge will create challenging conditions for construction of a trail support structure. During construction, some erosion is possible from the steep embankments, but multiple safeguazds will be in place to protect Castle Creek from excessive stormwater flows. Construction standazds from both the City of Aspen and the CDOT will be adhered to during construction. One of the many project goals of this project is to improve the condition of storm water drainage off of the existing steep embankments in order to prevent the type of slope erosion currently occurring. All disturbed slope areas will be stabilized with native vegetation cover or other types of slope armoring as appropriate. Page 2 of 3 RECOMMENDED ACTION: Staff is recommending Council approval of the Engineering Professional Services Contract for the Castle Creek Underpass and Bugsy/Mazolt Trail Project in order to allow the design and construction documentation to be completed. ALTERNATIVES: Council could choose not to approve this Professional Services Contract, which would delay the design and construction documentation of design solutions intended to make this trail alignment safer to the general public. Construction of any improvements would likely be delayed until at least 2009, which would run counter to the intent and recommendations of the City Open Space and Trails Boazd. PROPOSED MOTION: I move to approve the Engineering Professional Services Contract between the City of Aspen and the Engineering Consultant, Loris and Associates, Inc. for the Castle Creek Underpass and Bugsy/Mazolt Trail design and construction documentation for the amount of Ninety-Seven Thousand Five Hundred Dollars ($97,500.00). ATTACHMENTS: Attachment A: Engineering Professional Services Contract Page 3 of 3 RESOLUTION # ~~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND LORIS AND ASSOICATES SETTING FORTH THE TERMS AND CONDITIONS REGARDING ENGINEERING SERVICES CASTLE CREEK UNDERPASS AND BUGSY/MAROLT TRAIL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Loris and Associates, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Loris and Associates regarding engineering services Castle Creek underpass and Bugsy/Marolt trail project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 14, 2008. Kathryn S. Koch, City Clerk Attachment 'A' AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and LORIS AND ASSOCIATES, INC. ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto, and by this reference incorporated herein. Completion. Professional shall commence services immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and caze and the orderly progress of the Work in a timely manner. The parties anticipate that all services pnrenant to this agreement shall be completed no later than September 29"'.2008. Upon request of the City, Professional shall submit, for the Cit}~'s approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorifies having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Pa ent. In consideration of the services performed, City shall pay Professional on a time and expense basis for all services performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually ageed to by the parties the payments made to Professional shall not initially exceed 97$ ,500.00. Professional shall submit, in timely fashion, invoices for services performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subwntractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which maybe due to any sub-contractor. Termination. The Professional or the City may temminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all fmished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City and the City will pay the Professional for services rendered prior to termination. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any negligent breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional maybe determined. Covenant Aeainst Continent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona. fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be conshved as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agees to use his or her efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the services aze under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the perfom~ance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all applicable federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, from and against all liability, losses, and damages, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused by, the negligence act, omission, error, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. If it is detemvned by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, losses, damages, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contractor by law. The Professional shall not be relieved of any liability, losses, damages, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance insufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, losses, damages, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,DOQ000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and properly damage of not less than ONE MILLION DOLLARS ($1,OOQ000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City ender this contract. (iv) Professional Liabiliy insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds, except Workers Compensation and Professional Liability insurance. Every policy required above shall be prhnary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental hnmunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Citv's hisurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Deparhnent and aze available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Pete Loris Loris and Associates, Inc. 2585 Trail Ridge Drive East Lafayette, Colorado 80026 Consequential Damages. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Professional, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damage arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and the Professional shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Corporate Protection. It is intended by the parties to this Agreement that the Professional's services in connection with the Project shall not subject the Professional's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the City agrees that as the City's sole and exclusive remedy, any claim demand or suit shall be directed and/or asserted only against the Professional, a Colorado corporation, and not against any of the Professional's individual employees, officers or directors. Third-Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or the Professional. The Professional's services under this Agreement are being performed solely for the City's benefit, and no other party or entity shall have any claim against the Professional because of this Agreement or the performance or nonperformance of services hereunder. The City and Professional agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non- discrimination in employment. Ownership of Instruments of Service. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Professional as instruments of service shall remain the property of the Professional. The Professional shall retain all common law, statutory and other reserved rights, including the copyright thereto. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until wmplete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by Citv. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigas. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. Ille¢al Aliens -CRS 8-17.5-101 & 24-76.5-101. (a) Pu ose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees aze not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who aze not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seg., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] ATTESTED BY: CTfY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: ~-~~E(I A~-(i~'C~~~,l{C~ Title: ((~j.~- Date: C~~O~ Exhibit 'A' N K 4 O W N Q w ~, L ~ aW Y W OW 2} w~ w ~ A N dp N J ~a d° d A U ~~~x~~~~~~~~~~~~x~~~~~~~~~ a. waaaa aa ~ :a aaa a ~~ a a. . # ~ Ya KHH k MMNMNNYNNM4MMM M}~.NMNMMNYM N. y, ~aMN NY MM Y M NNYMYNN NM MN MMNYN YYy M -q Y Y.. p g @ @ $ g @a ~~rd MN ~L3•$... p3 r.8 T •R * P g ~~i{. w NMNMwNMMMNYNNNNN N N MNMN N w N Y Yts NN ~~~~~~~~~~~r~~~~~~~~~~~~~• QQ ~ •~a NNNMMMNNNNNNNMNMNNNYNNNN N Q g q» S p S ~ N r~r~ • q ~:_. a MNwMMwNNMMNYNNNNNNMWNMMMMY MM. ). 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M m ai o `~ C Y m m .~ m `+ to R N N t0 U O N N Q G m m 0 J ~~ N '.K ~A i0 ~O ~~ N i w m C t ~ IY m O ~ e ~~+' m i m , LL I~ h E ~'u ~~ H iiC Y V m w N R V .., ~w x 0 iM O to N m Q ii ~ ~~ ~ ~ i3 e 0 ~~ LL p t « N W 4t '6 N C Y m m V V m w N A V x 0 M O O O N a+ m d t A d m LL 6- N ;N A Q 9 C Y m L U m w h A V x o M O OD O N Iw m m t fq O I3 AIL i W N A d d C 7 Y m m V m Y R V w 0 m .5 c m e O 10 ~1 x ti 0 M O OD O O N t w m m L IU Y O ~+ 3W m~ m LL G fA ~ fA R d d 9 C 7 Y m m V m i+ N l0 V i! i N K M O O ~ CO N to t w m m N m LL t A V C Y m m V V m i+ R V N C W G' 0 r .~ o w X n O M O O O N w m m t N 'L O m LL t W N N g m e Y m d V m a+ N R V w c m v O r m a m 0 0 N M N m R ~U O N C l0 N_ N m t0 a m 0 0 N 117 M N N (0 U O N N Q 'O C l6 LORI S 2008 Fee Schedule Exhibit 'B' _~ .. ___ _, M~ Principal $155 Associate Principal $130 - $145 Associate $115 - $125 Project Manager $110 - $125 Senior Engineer $95 - $120 Project Engineer $85 - $95 Junior Engineer $75 - $85 Senior Construction Engineer $85 - $95 Construction Engineer $75 - $85 Senior Designer $75 - $85 Designer $70 - $80 Senior AutoCAD Technician $60 - $75 AutoCAD Technician $50 - $60 Administrative Assistant $55 - $65 Actual Billing Rates Will Depend O n The Individual Working On A Project. Individual Rates Will Be P rovided With Our Fee Proposal. r ,a '; ~a , ' r ' °a' Subconsultants Will Be Bi lled At Cost Plus 10% a ae~L'A ^~ ~ ~` x. ~µ sy. Mileage $0.485/mile $0.50 / 8'/z x 11 Color Copies $1.00/11x17 $0.10/ 8Yz x 11 B/W Copies $0.20/11x17 $0.25 -bond Plots for Submittals (per s.f.) $5.50 -bond color $3.50 - mylar Other Reimbursable Expenses Will Be Billed At Cost Plus 10% vita,. MEMORANDUM TO: Mayor and City Council THROUGH: Steve Barwick, City Manager Randy Ready, Assistant City Manager FROM: Gram Slaton, Wheeler Executive Director DATE: Apri17, 2008 RE: Clarification of the definition of "Maintenance of the Wheeler Opera House" SUMMARY: We are seeking Council approval of the attached Ordinance, amending section 23.48.060 (c) of the municipal code, by clarifying the definition of the term "maintenance of the Wheeler Opera House" as it relates to the Wheeler Opera House Real Estate Transfer Tax Fund (RETT) and clarifying appropriate expenditures from said fund. PREVIOUS COUNCIL ACTION: In a work session on July 6, 2004, Wheeler staff was asked to develop the definition of "maintenance of the Wheeler Opera House". Towards the end of 2004, action on approving these changes were suspended indefinitely. On January 29, 2008, Wheeler staff, the City Manager's office, and the City of Aspen Attorney met with City Council to discuss possible legal limitations of the RETT for funding of the City's grant program for arts not-for-profits. Subsequent to that meeting, Wheeler staff received direction to review the 2004 language for modification and later submission to City Council for its input and possible approval. BACKGROUND AND DISCUSSION: In 2004, meetings were held that included Wheeler staff, the City Manager's office, and the City of Aspen Attorney, as well as the Wheeler Board for comment and review. At that time, consideration was given regarding dictionary definitions, voter intentions, and how "maintenance" was interpreted from the inception of the RETT. In 2006, Wheeler Executive Director Gram Slaton was asked by the City Manager's office to review non-RETT revenue sources from Wheeler operations that could support an increase in funding activity for the arts grants program. Starting from a conservative reading of the RETT ballot language, Slaton found that there were very limited revenue streams available and advised City staff appropriately. As the stream of available funds began to reach its ceiling after several years of growth in arts funding, Slaton worked with City staff and the Arts Grants Review Committee to investigate ways that would meet the arts groups' needs while remaining within the pool of available funds. In the fall of 2007, several possibilities were raised, as well as concerns about the direction of arts grants funding that the Arts Grants Review Committee felt should be taken before City Council for future direction. By clarifying certain areas in the RETT ballot language, the original intent of the provision for arts funding can be maintained, as well as more clearly define the revenue streams from Wheeler operations that are appropriate for non-RETT funding of the arts grants program. Approval of this ordinance would define "maintenance of the Wheeler Opera House" as "those activities, operations or physical improvements or additions necessary to ensure a performing arts venue that provides arts programming opportunities to the citizens of the community and an endowment fund in perpetuity." FINANCIAL IMPLICATIONS: There is no change in the Wheeler operating budget with this clarification of the definition of the word "maintenance." RECOMMENDATION: The Wheeler staff and Board recommend support of the attached ordinance and the clarification of terms. ALTERNATIVES: CITY MANAGER COMMENTS: v~~. ORDINANCE NO. 11 (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING SECTIONS 23.48.060 (c) AND (g) TO CLARIFY THE DEFINITION OF THE WORD "MAINTENANCE"AS IT RELATES TO THE WHEELER OPERA HOUSE REAL ESTATE TRANSFER TAX FUND (RETT) AND CLARIFYING APPROPRIATE EXPENDITURES FROM SAID FUND. WHEREAS, the electorate of the City of Aspen approved adoption of Ordinance No. 20, Series of 1979, imposing a `/2 of 1 % real estate transfer tax for the purpose of renovation, reconstruction and maintenance of the Wheeler Opera House or for the payment of interest on bonds issued for such purposes and for the purpose of supporting the visual and performing arts (limited to $100,000.00 per year); and WHEREAS, the City of Aspen renovated and restored the Wheeler Opera House in 1984 for the purpose of establishing and providing the community with an active performing arts facility whose mission is: to preserve the historical and cultural integrity of the Wheeler Opera House; to nurture artistic diversity; to provide educational opportunities; to provide local accessibility to the arts; and to provide excellence in performance and production for community members and visitors. To that end, a professional staff maintains the operations and physical facility; and WHEREAS, the City of Aspen has used RETT funds and earned revenues to maintain the operations and physical facility since the 1984 renovation; and WHEREAS, in 1997 the electorate of the City of Aspen authorized the expiration date of the real estate transfer tax to be extended to December 31, 2019; and WHEREAS, the City Council established a separate fund (Endowment Fund) for the future financing of the Wheeler Opera House and into which a certain portion of annual net revenues in excess of the budgeted operating and capital expenses and operating reserve shall be deposited; and WHEREAS, the City Council also established expenditure and investment parameters for said Endowment Fund in order to establish a secure funding source for the Wheeler Opera House and local non-profit arts organizations considering first the operations and capital improvements of the Wheeler Opera House and secondly to support local arts non-profit organizations; and WHEREAS, Merriam Webster's Collegiate Dictionary (10th Edition, 1993) defines maintenance as both "the state of being maintained: support," and "the upkeep of property or equipment;" and WHEREAS, it is the goal and intention of the City Council to clarify the definition of "maintenance" as it relates to the use of RETT funds and to define available revenue sources for additional arts funding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Wheeler Opera House real estate transfer tax. Section 23.48.060(c) of the Municipal Code is hereby amended to read as follows: (c) Application of funds. All funds received by the City of Aspen pursuant to this section 23.48.060 shall be deposited in the Wheeler Opera House real estate transfer tax special revenue fund, which fund is hereby created. The account shall be subject to appropriation by the City Council of the City of Aspen only for the purpose of renovation, reconstruction and maintenance of the Wheeler Opera House or for the payment of principal and interest on bonds issued for such purposes and for the purpose of supporting the visual and performing arts. However, the City Council shall not appropriate in excess of one hundred thousand dollazs ($100,000.00) of real estate transfer tax funds in any single calendar year for the purpose of supporting the visual and performing arts without obtaining the approval of sixty (60) percent of the electors voting at a regular or special election on the same.. The City Council, pursuant to ordinance, and without an election, may borrow money, issue bonds, or otherwise extend the credit of the city for renovation and reconstruction of the Wheeler Opera House provided that the bonds or other obligations shall be made payable from the funds derived from this chapter. For purposes of this section, the following definitions shall apply: "Maintenance" shall be deftned as those activities, operations, or physical improvements or additions necessary to ensure a performing arts venue that provides arts programming opportunities to the citizens of the community and an endowment fund in perpetuity. Funds available `for the purpose of supporting the visual and performing arts" in addition to the $100,000 of real estate transfer tax funds shall include all revenues generated by the operation of the Wheeler Opera House to include gross revenues generated from lease agreements for space within the GVheeler Opera House, gross theater rental revenue, gross ticket processing fee and ticketing services revenue, and gross artist concessions revenue. Section 2. Section 23.48.060(g) of the Municipal Code is hereby amended to read as follows: (g) Administration. The Director of Finance shall administer this section 23.48.060 and shall prepare such forms and adopt such regulations consistent with this chapter, as he or she deems necessary to implement the same. The Arts and Non Profit Grant Review Comrnittee for the City of Aspen shall submit a report to the City Council on an annual basis describingfitnding activities for the past year and the available funds for the support of the visual and performing arts for the next fiscal year. This section 23.48.060 shall be administered in accordance with chapters 23.04 through 23.28 of this title, to the extent that they do not conflict with the provisions of this section, for all taxes due or paid after November 1, 2000. Section 3 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section S A public hearing on the ordinance shall be held on the 28`h day of April in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14t° day of April, 2008. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2008. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk VII b MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Preservation Planne~ THRU: Jennifer Phelan, Community Development Deputy Director DATE OF MEMO: April 4, 2008 MEETING DATE: April 14, 2008 ~~ 612 West Main Street, Establishment of Six (6) Transferable Development Rights, First Reading of Ordinance #~2, Series of 2008 (Parcel 2735-124-44-006) Second Reading is scheduled for May 27, 2008. REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of six 250 square feet Transferable Development Right certificates (TDRs). BACKGROUND: ^ Lot Historv: The 6,000 squaze feet lot is located in the Main Street Historic District, zoned Mixed Use, and contains a circa 1888 late Victorian style miner's cabin that typifies the average residence of a 19`h century Aspen citizen. Unlike many Victorian era structures in town, 612 West Main is in its original location. An historic shed straddles the property line between 612 West Main and 604 West Main Streets. ^ Previous actions: 612 West Main was designated a local landmark in 1985. A modest rear addition and side deck were added to the residence in 1993. HPC adopted Resolution Number 43, Series of 2007, which approved the relocation of the historic shed entirely onto 612 West Main Street. ~ , ` ~ , _ `_ ~~ r ~ ~ R ~~ !, _+- 7 d~ f ' / jT p,, lLi..~~~.. j/ °~ i~'~": /'Jr~lfl ? ~~, J -~-~~t, / J 1 `~.'` _ J ~ ! LJ, ~1 ! ~ F j +A~ } J..r j f J 7 f r r ~~..::' tr l u f< v:uvr;W Ci llK1VE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Cun•ent HP Cases\612 W Main Street\612WestMainTDRsfirstreading.doc Page 1 of 3 DISCUSSION: • The purpose of a TDR is to encourage the preservation of historic landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 squaze feet of floor area. The TDR program enables standazd market forces, and the demand for floor azea and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. ^ The applicant requests approval from City Council to establish six (6) 250 squaze foot TDR certificates, which equals a total of 1,500 squaze feet of unbuilt floor area to be severed from the property. The final remaining unbuilt floor area on the property after the severance of 1,500 square feet of floor area will be 43 square feet. However, as a local landmazk, the property is eligible for the 500 squaze feet floor area bonus for rehabilitation and good design. If the property is granted the floor area bonus, then the total unbuilt floor azea on the property is 543. ~ ^ The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. The property must be a local landmazk, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. Table 1: Floor Area Analysis for 612 West Main Street• Total allowable floor area for 6,000 sq. ft. lot 3,240 sq. ft. of allowable floor area single family residence in MU zone district on the subject property Existing floor azea at 612 West Main Street 1,697 sq. ft. Available unbuilt floor area (3,240 -1,697) = 1,543 sq. ft. unbuilt floor area Sever 6 TDR certificates at 250 squaze feet (1,543 -1,500) = 43 sq. ft. each (1,500 square feet total) unbuilt floor area on the site after severing TDRs RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the applicable review criteria to establish six Transferable Development Rights and finds that TDRs aze a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the six TDR certificates." PROPOSED MOTION: "I move to approve Ordinance #~~.Series of 2008 upon First Reading, and schedule Second Reading for May 27, 2008" The property owners are not applying for the floor area bonus at this time. G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Current HP Cases\612 W Main Street\612WestMainTDRsfirstreading.doc Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -Review Criteria. Exhibit B -Application. G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Cun•ent HP Cases\612 W Main Street\612WestMainTDRsfirstreading.doc Page 3 of 3 ORDINANCE N0./„Z (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING SIX (6) HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES IN 250 SQUARE FEET OF FLOOR AREA INCREMENTS FOR THE SENDING SITE OF 612 WEST MAIN STREET, LOTS O AND P, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL N0.2735-124-44-006. WHEREAS, the Community Development Department received an application from 612 West LLC, managed by Neil Kazbank, 604 West Main Street, Aspen, CO 81611 (hereinafter "the Applicant"), represented by Alan Richman Planning Services P.O. Box 3613, Aspen CO, 81612, requesting the establishment of six (6) Historic Transferable Development Right Certificates for the property located at 612 West Main Street, Lot O and P, Block 24, City and Townsite of Aspen, Colorado; and, WHEREAS, the subject property is located within the Main Street Historic District Mixed Use (MU) zone district; and, WHEREAS, 612 West Main Street, legally described as Lots O and P, Block 24, City and Townsite of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070 Review Criteria for the Establishment of Historic Transferable Develo ment Right• A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either asingle-family or duplex home, equaling or exceeding two- hundred and fifty (250) squaze feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Ordinance No. _, Series 2008 Revised 4/7/2008 G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Curcent\Curcent HP Cases\612 W Main Street\612westmain ordinance.doc Page 1 of 5 c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. f) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for asingle-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a squaze footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area; and, WHERAS, the City of Aspen Zoning Officer confirms that at this time the subject property has a total allowable FAR of 3,240 squaze feet fora 6,000 squaze foot existing single family property in the Mixed Use zone district. A total of 1,543 squaze feet of floor azea remains unbuilt on the site. The property requests to establish six (6) Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total of 1,500 square feet of floor azea. A remainder of 43 squaze feet of unbuilt floor azea will remain on the property; and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval, with conditions, of the proposed establishment of six (6) Historic Transferable Development Rights; and, WHEREAS, on April 14, 2008 the Aspen City Council approved Ordinance No. _, Series 2008, on First Reading by a _ to _ ~ - ~ vote, approving with Ordinance No. _, Series 2008 Revised 4/7/2008 G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Current HP Cases\612 W Main Street\612westmain ordinance.doc Page 2 of 5 conditions the establishment of six (6) Historic Transferable Development Right Certificates for the property located at 612 West Main Street, legally described as Lots O and P, Block 24, City and Townsite of Aspen, Colorado; and, WHEREAS, during a duly noticed public hearing on the 27s' of May, 2008, the Aspen City Council approved Ordinance No. Series 2008, by a _ to _ vote, approving with conditions the establishment of six (6) Historic Transferable Development Right Certificates for the property located at 612 West Main Street, Lots O and P, Block 24, City and Townsite of Aspen, Colorado; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish six (6) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish six (6) Historic Transferable Development Rights of 250 squaze feet of Floor Area each to the sending site located at 612 West Main Street, Lots O and P, Block 24, City and Townsite of Aspen, Colorado with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (612 West Main Street, Lots O and P, Block 24, City and Townsite of Aspen) by six (6) Transferrable Development Rights, 1,500 square feet, together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Ordinance No. _, Series 2008 Revised 4/7/2008 G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Current\Current HP Cases\612 W Main Street\612westmain ordinance.doc Page 3 of 5 Section 3• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 27`h day of May, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6• This ordinance shall become effective thirty (30) days following final passage. [signatures on the following page] Ordinance No. _, Series 2008 Revised 4/7/2008 G:\NEW G DRIVE FOLDERS_CITY\PLANNING\Land Use Cases\Curren[\Current HP Cases\612 W Main Street\612westmain ordinance.doc Page 4 of 5 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14a' day of April, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _`^ day of Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Michael C. Ireland, Mayor Ordinance No. _, Series 2008 Revised 4/7/2008 G:\NEW G DRIVE FOLDERS_CITY\PLANN[NG\Land Use Cases\Current\Current HP Cases\612 W Main Sheet\612westmain ordinance.doc Page 5 of 5 Exhibit A Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: T'he proposed 6,000 square foot sending site is located within the Mixed Use zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures, and is located within the Main Street Historic District. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, jor either a single family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 3,240 squaze feet fora 6,000 square feet existing single family property in the MU zone district. A total of 1,543 squaze feet of floor area remains unbuilt on the site. The property requests to establish six (6) Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total of 1,500 squaze feet of floor azea. A remainder of 43 square feet of unbuilt floor area will remain on the property. c) It is demonstrated that the establishment of TDR Cert~ates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of six TDR certificates will not create or increase anon-conformity on the property. An existing historic shed straddles the property line between 612 and 604 West Main Street. As part of a separate land use application, HPC approved relocation of the historic shed onto 612 West Main Street and granted setback variances for the new location. d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) analysis of approved development Exhibit A G:\city\Sazaa\612 W Main Street\612westmainStreetExhibitA.doc Page 1 of 3 Anal~is of actual built develonment: The existing Victorian comprises 1,697 square feet of floor area out of an allowable floor area of 3,240 squaze feet. The unbuilt floor azea existing on the site is 1,543 square feet. The applicant requests to sever six TDRs, a total of 1,500 square feet of floor area, which will leave 43 square feet of unbuilt floor azea on the property. Anal~is of anuroved development: Relocation of the historic shed onto 612 West Main Street has been approved by HPC. The shed, which is to be used for storage, will not count toward the floor area calculation on this property. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void Staff Finding: The property will not include any development order to develop floor azea beyond that remaining legally connected to the property after the establishment of six TDR certificates. ~ The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the Ciry Attorney. Staff Finding: The applicant cleazly states an understanding of this standazd (f) in the application. g) Areal estate closing has been scheduled at which, upon satisfaction of al[ relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding: The application states that the requirements of section (g) are understood by the applicant. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Exhibit A G:\city\Sazaa\612 W Main Street\612westmainStreetExhibitA.doc Page 2 of 3 Community Development Director. Certain review fees may be required for the conftrmation of built Floor Area. Staff Finding: The application demonstrates an understanding of the requirements of section (h). The Zoning Officer confirmed the existing FAR numbers reflected in the application. Exhibit A G:\city\Saraa\612 W Main Street\612westmainStreetExhibitA.doc Page 3 of 3 ~~ 1~cc~rvssa~t b"az 3613 o4alrew. (~alaTada 81612 February 5, 2008 ~eaousuuy Se~uace~ ~lw.~e/~~ (g7o)92o-112s a~~ck.,.a.~@c~/~..ret Ms. Sara Adams, Historic Preservation Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION TO ESTABLISH TDR'S FOR 612 WEST MAIN STREET Dear Sara, Please consider this letter and the accompanying materials to be an application to establish transferable development rights (TDB's) for the property located at 612 West Main Street. The property is legally described as Lots O and P, Block 24, City and Townsite of Aspen. It consists of approximately 6,000 sq. ft. of land that is zoned Mixed Use (MU). The property is a designated Historic Landmark that is also located within the Main Street Historic District. The property's Parcel ID # is 273512444006. This application is being submitted by the owner of the property, 612 West LLC, managed by Mr. Neil Karbank (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the General Warranty Deed and Titlelnsurance Policy. Authorization for Alan Richman Planning Services to represent the owner for this application is provided by Exhibit #2. The owner and Iheld apre-application conference with you on December 20, 2007 to discuss this project (see Exhibit #3, Pre-Application Conference Summary). Based on this meeting, you confirmed that the following review procedures are required to accomplish this project: Transferable Development Rights, pursuant to Section 26.535 of the Land Use Code. Following below are the applicant's responses to the applicable standards of the Aspen Land Use Code for this review procedure. Establishment of TDR's The applicant proposes the establishment of six (6) Historic TDR Certificates for the subject property. Section 26.535.070of the Land Use Code provides that a Historic TDR Certificate may be established if the City Council finds that all of the following standards have been met: Ms. Sara Adams February 5, 2008 Page Two A. The sending site is a Historic Landmark on which the development of a single- family or duplex is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site complies with this standard as follows: 1. The City's architectural inventory form for the subject property (see Exhibit #4) states that 612 West Main Street was designated as a Historic Landmark by the City Council pursuant to Ordinance 16, Series of 1985. 2. According to Section 26.710.180.D.2, a single-family residence and a duplex residence are allowed uses on a historic landmark parcel of 6,000 sq. ft. in the Mixed Use (MU) zone district. B. It is demonstrated that the sending site has permitted unbuilt development rights for either asingle-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDR Certificates requested. Response: The applicant's architect has completed an existing buildout analysis for the property, which is including as a drawing in this application booklet. It demonstrates that the existing fb©r-area of this property is°1,697 sq: ft. This is based on a calculation that shows the main level contains 1,697 sq. ft. of floor area. There are no windows or exposed walls in the basement, so it does not count as floor area. The deck does not count as floor area since it is less than 15% of the allowed floor area on the property. Finally the storage shed, when it is relocated entirely onto this property, will not count as floor area since there is no garage on the property, allowing the 175 sq. ft. shed to qualify for the 250 sq. ft. garage/storage floor area exemption. According to Section 26.710.180 D.10 of the Code, the allowable floor area for asingle- family residence on a 6,000 sq. ft. lot is 3,240 sq. ft. The allowable floor area for a duplex on a 6,000 sq. ft. lot is 3,600 sq. ft. Therefore, the sending site has 1,543 sq. ft. of unbuilt development rights for asingle- family home and 1,903 sq. ft. of unbuilt development rights for a duplex. At 250 sq. ft. of floor area per each Historic TDR Certificate established, this translates into 6 TDR's for the single-family residence or 7 TDR's for the duplex. The staff has advised the applicant that because the existing development on the property is asingle-family residence and not a duplex, the development rights analysis must be based on the floor area of asingle-family unit (see staff interpretation, attached as Exhibit #5). Therefore, the applicant requests that six (6) TDR's be established. Ms. Sara Adams February 5, 2008 Page Three Response: The improvement survey shows that there is an existing nonconformity on the property with respect to the setbacks for the shed. Today, the shed straddles the property line between this property and the neighboring property at 604 West Main. As part of a separate land use application for the neighboring property, HPC has approved the relocation of this shed entirely onto 612 West Main Street and~grarMedwside`and°teat setback-variances to locate the shed in the north®ast-<~orner of the-svbjeet•pfvperty:' This nonconformity would not be increased or otherwise affected by the establishment of TDR certificates for this property. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain floor area bonuses, exemptions, or similar potential development incentives. Response: As described under sub-section B. above, the applicant has based the analysison the actual built development (a single-familyresidence) and the allowablefloor area prescribed by zoning for a single family residence, as required by this provision. The potential for floor area bonuses, exemptions, and similar potential incentives has been excluded from the analysis. - E. Any development order to develop floor area beyond that remaining legally connected to the property affer establishment of TDR Certificates shall be considered null and void. Response: The applicant acknowledges this standard and agrees to comply with its provisions. F. The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable floor area not exceeding the allowance for asingle-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of Historic TDRCertificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area, as maybe amended from time to time. The Sending Site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as maybe amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response: The required Affidavit and Draft Deed Restriction are attached as Exhibits #6 and #7, respectively. Ms. Sara Adams February 5, 2008 Page Four G. Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirement, the City shall execute and deliver the applicable number of Historic Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: The applicant will schedule a closing date following the establishment of the Historic TDR Certificates by the City Council. H. Itshall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees maybe required for the confirmation of built floor area. Response: A scaled drawing with dimensions representing the existing development at 612 West Main Street is included in this application booklet. I believe that the above responses and the attached exhibits and drawings provide all of the information you need to bring this application before City Council. Please let me know if there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES ~~ Alan Richman, AICP EXHIBITS ~j0 CITY OF ASPEty CI?Y OF ASPEN (~ HRETT PAID ~-F ~-0O ~Pl~iiTfT PAID DATE IMP NO. DATE REP NO. EXHIBIT #1 2loJ/~~ ((~ 2 ~Y6y ~~/~~ ~ 2 ~~rb~ GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED, effective as of January~a~, 2007, is by and between WILLIAM A. LEVIN, the Grantor, and 612 WEST LLC, a Colorado limited liability company, whose legal address is 604 West Main Street, Aspen, CO 8 ] 611, the Grantee. WITNES SETH, that the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bazgained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee and Grantee's successors, administrators and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: LOTS O AND P, BLOCK 24, ~' CITY AND TOWNSITE OF ASPEN ~ Less the strip of land 0.27 feet wide and 44.6 feet in length along the Western Boundary of Lot 0, Block 24, City and Townsite of Aspen, Pitkin County, as conveyed by Quit TT Claim Deed recorded July 13, 1995 in Book 787 at Page 56. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bazgained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and Grantee's successors, administrators and assigns forever. And the Grantor, for Grantor and Grantor's heirs, personal representatives and assigns, does covenant, grant, bazgain, and agree to and with the Grantee and Grantee's successors, administrators and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that ~ the same are free and clear from all former and other grants, bazgains, sales, bens, taxes, m assessments, encumbrances and restrictions of whatever kind or nature soevet, except as set forth in Exhibit "A" attached hereto. .-. W The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained oie o premises in the quiet and peaceable possession of the Grantee and Grantee's successors, administrators and assigns, against all and every person or persons lawfully claiming the whole Q or any part thereof. 9~ ~~ The singular number shall include the pltual, the plural the singular, and the use of any tH gender shall be applicable to all genders. n~ ~~ Retum to: NEIL FCARBANK MANSON & KARBANK 604 W. MAIN ST. ASPEN, CO 81611 a n ~gn t0 ° °a iG N "".'o ..b ~ ao Ln n° m a m ~. m c 0 ~~ a .~ ~ ~g 0 Y ~~ ~a SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT21047L3 February 8, 2007 @ 12:43 PM A75-2089762 1. NAME OF INSURED: 612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: 612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS O AND P, BLOCK 24, CITY AND TOW NSITE OF ASPEN Less the strip of land 0.27 feet wide and 44.6 feet in length along the Western Boundary of Lot O, Block 24, City and Townsite of Aspen, Pitkin County, as conveyed by Quit Claim Deed recorded July 13, 1995 in Book 787 at Page 56. Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT21047L3 February 8, 2007 @ 12:43 PM A75-2089762 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2007 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 547 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Perpetual easement as set forth in deed recorded April 10, 1979 in Book 366 at Page 291. 9. Subdivision Exemption as set forth in instrument recorded March 23, 1979 in Book 365 at Page 289. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Committee recorded August 2, 1991 in Book 653 at Page 71 as Resolution No. No. 6 (Series of 1991). 11. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 13, 1995 as Reception No. 383339. 12. Deed of Trust from :612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of :WELLS FARGO BANK, NATIONAL ASSOCIATION Original Amount : $3,450,000.00 Dated :February 8, 2007 Recorded :February 8, 2007 Reception No. :534265 EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY DELETED EXHIBIT #2 Ms. Sara Adams, Historic Preservation Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ESTABLISHMENT OF HISTORIC TDR CERTIFICATES FOR 612 WEST MAIN STREET Dear Sara, I hereby authorize Alan Richman Planning Services to act as the designated representative for 612 West LLC with respect to the land use application being submitted to your office for property owned by 612 West LLC and located at 612 West Main Street. Alan Richman is authorized to submit an application to establish Historic TDR Certificates for this property. He is also authorized to represent such entity in meetings with City staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the development application. Sincerely, 612 WEST LLC By: j1~n Neil D. Karbank, Manager 604 West Main Street Aspen, Colorado 81611 920-2899 EXHIBIT #3 CITY OF ASPEN PRE•APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429-2778 DATE: 1.8.08 PROJECT: 612 West Main Street, mixed use zone district REPRESENTATIVE: Alan Richman, land planner (970)920.1125 arichman@sopris.net TYPE OF APPLICATION: Establish Transferrable Development Rights at 612 West Main Street DESCRIPTION: 612 West Main Street is listed on the Aspen Inventory of Historic Landmark Sites and Structures, located in the Main Street Historic District, and is used as a single family residence. The property owner is interested in establishing trensferable development rights (TDRs). Each certificate equals 250 square feet of floor area and is indivisible. The maximum floor area allowed for the lot, which is located in the Mixed Use zone district, is calculated based on 100% of the R-6 calculation for a lot of the same size. Once TDRs are approved and severed from the property through a recorded deed restriction, the allowable floor area for the property is restricted to that of a single family residence in the mixed use zone district. A change in use is permitted, as long as it conforms to the requirements of the zone district; however, the maximum allowable floor area is calculated based on a single family residence minus the severed TDRs regardless of the use. PROCESS: City Council has the sole authority to grant approval to establish TDRs. Based on a recommendation from the Community Development Department, the City Council shall approve or disapprove the establishment of a Historic TDR certificate by adoption of an Ordinance. The Ordinance shall be introduced during first reading and a public hearing shall follow during second reading. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.535 Transferrable Development Rights 26.710.180 Mixed Use Zone District Review by: City Council Public Hearing: City Council second reading (only publication is required for TDR establishment) Referral Agencies: none Planning Fees: $1,470. Referral Agency Fees: none Total Deposit: $1,470. To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 6. Total deposit for review of the application. 7. ie. 8 Copies of the complete application packet and maps. HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =1/ea.; Planning Staff = 1 8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. A written response addressing the review criteria listed in Section 26.535.080 of the Land Use Code. 11. A notarized affidavit from the Sending Site property as stated in Section 26.535.090(2) 12. Dimensioned, scaled drawings of the existing development on the Sending Site and a Floor Area analysis of all structures thereon. 13. A proposed deed restriction for the Sending Site 1 a. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk (CD). Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. EXHIBIT #4 OAHP7403 Rev. 9/98 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form (Page 1 of 4) Official eligibility determination (OAHP use only) Date Initials Determined Eligible- NR Determined Not Eligible- NR Determined Eligible- SR Determined Not Eligible- SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District I. IDENTIFICATION 1. Resource number:. 5PT.114.30 2. Temporary resource number: 612.WMA 3. County: Pitkin 4. City: Aspen 5. Historic building name: 6. Current building name: 7. Building address: 612 W Main Street Aspen Colorado 81611 8. Owner name and address: William A Levin Rev Living Trust 1 Penn Plaza Ste 725 NY NY 10119-0799 I1. Geographic Information 9. P.M. 6 Township 10 South Range 84 West G of G of G of G of Section 7 10. UTM reference Zone 1 3 3 4 ____mE 4 3 3 ____mN 11. USGS quad name: Aspen Quadrangle Year: 1960, Photo Rev. 1987 Map scale: 7.5' X 15'_ Attach photo copy of appropriate map section. 12. Lot(s): Lots 0&P Block: 24 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comprised of Lots O&P, Block 24 of the City and Townsite of Aspen Assessors office Record Number 2 73 51 2444006. This description was chosen as the most specific and customary description of the site. III. Architectural Description 14. Building plan (footprint, shape) Rectangular Plan 15. Dimensions in feet: Length x Width 16. Number of stories: 17. Primary external wall materially) (enter no more than two): Wood Horizontal siding 18. Roof configuration: (enter no more than onel: Gabled Roof 19. Primary external roof material (enter no more than one):Asphalt Shingles Resource Number: 5PT.114.30 Temporary Resource Number: 612.WMA Architecturallnventory Form (Page 2 of 4) 20. Special features (enter all that apply): Decorative shingles Porch 21. General architectural description: Victorian era miner's cottage with gable end to the street and full width porch Porch supported by turned posts and decorative corbels Two pairs of double hung windows under porch and decorative front door with transom Elaborate vergeboard trim in gable end. Double hung windows along sides of house Addition at rear and new deck on east side. Two bay windows on east side. 22. Architectural style/building type: Late Victorian 23. Landscaping or special setting features• One laroe cottonwood street tree. One large lilac shrub at entry Stone steppers to front entry could be original 24. Associated buildings, features, or objects: Shed along alley IV. Architectural History 25. Date of Construction: Estimate 1888 Source of information: 1991 Inventory form 26. Architect: Source of information: 27. Builder/Contractor: _ Source of information: 28. Original owner: Source of information: 29. Construction history (include description and dates of major additions, alterations, or demolitionsl: Exterior was covered for some time with asbestos shingle siding which has been removed and original cia boards restored at least on front of structure Addition and new deck completed in 1993. Windows re laced. 30. Original location X Moved _ Date of move(s): V. Historical Associations 31. Original uselsl: 32. Intermediate usels): 33. Current uselsl: 34. Site type(s): OfficelResidential District 35. Historical background: No information available. 36. Sources of information: Pitkin County Courthouse records• Sanborn and Sons Insurance Maps; 1990 and 1980 Cit of As en Surve of Historic Sites and Structures Resource Number: 5PT.114.30 Temporary Resource Number: 612.WMA Architecturallnventory Form (Page 3 of 41 VI. Significance 37. Local landmark designation: Yes X No Date of designation: Ord. 16, 1985 Designating authority: Aspen City Council 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; X C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies ..nder Criteria Conside, ations A thr .:gh G (se., Man.:a!; Does not meet any of the above National Register criteria 39. Arealsl of significance: Architecture 40. Period of significance: Late 1800's Silver Mining Era 41. Level of significance: National _ State _ Local X 42. Statement of significance: This house is representative of the family/home environment of the average citizen in Aspen during the silver mining era 43. Assessment of historic physical integrity related to significance: In general, the addition does not compromise character although the deck is a somewhat intrusive feature and is visible from the street. Some loss of original materials VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible X Not Eligible _ Need Data 45. Is there National Register district potential? Yes X No Discuss: Lies within a locally designated historic district If there is National Register district potential, is this building: Contributing X Noncontributing 46. If the building is in existing National Register district, is it: Contributing _ Noncontributing VIII. Recording Information 47. Photograph numbers: R12, F9-10 Negatives filed at: Aspen/Pitkin Community Development Dept. 48. Report title: City of Aspen 2000 Update of Survev of Historic Sites and Structures 49. Date(sl: 8/2000. 50. Recorder(sl: Suzannah Reid and Patrick Duffield Resource Number: 5PT.114.30 Temporary Resource Number: 612.WMA Architecturallnventory Form (Page 4 of 4) 51. Organization: Reid Architects 52. Address: 412 North Mill Street PO Box 1303 Aspen CO 81612 53. Phone numberlsl: NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and photographs. Colorado Historical Society -Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203 (303) 866-3395 HISTORIC ARCHITECTURAL BIIILDING/STRUCTIIRE FORM State Site Number: Local Site Number: 612.WM Photo Information: ASP-A-35 & 36 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: 612 West Main House Full Street Address: 612 West Main Legal Description: Lots P & O Block 24 City Aspen County Pitxin Historic District or Neighborhood Name: Main Street Historic District Owner: Private/State/Federal Private Owner's Mailing Address: ARCHITECTURAL Building Type: Architectural Dimensions: L DESCRIPTION Style: x W: = Square Feet: Number of Stories: 1 Building Plan (Footprint, Shape): Simple Rectangle Landscaping or Special Setting Features: Hone Associated Buildings, Features or Objects - Describe Material and Function (map number / name): Single Gable with"vertical wood siding; For the following categories include materials, techniques and styles in the description as appropriate: Roof: Single Gable roll asphalt• shed in rear (north) Walls: Asbestos Shingles Foundation / Basement: Unknown Chimney(s): 1 at center stucco over brick- 1 at northeast corner, W Doors: Transom• over decorative divided lite over wood panel Porches: Full-width shed roof supported by turned posts and decorative brackets General Architectural Description: Victorian clapboard with detailed Page 2 of 2 FUNCTION Current Use: Original Use: Intermediate Use: Residential Residential State Site Number Local Site Number 612.WM ARCHITECTURAL NZSTORY Architect: Unknown Builder: Unknown Construction Date: 1888 _ Actual X Estimate _ Assessor Based On: 1980 research/unrecorded MODIFICATIONS AND/OR ADDITIONS Minor Moderate X Major Moved Date Describe Modifications and Date: Asbestos shingle siding has replaced original (date unknown) tions and Date: NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA _ Is listed on National Register; State Register _ Is eligible for National Register; State Register Meets National Register Criteria: A _ B _ C _ D _ E _ MgP - R~ Local Rating and Landmark Designation ~ - ~ Significant: Listed on or is eligible for National Register ~ Contributing: Resource has maintained historic or architectural integrity. O Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The significance of this residential structure is not of those who owned it or lived in it, nor of its architecture although this structure is representative of Aspen's Mining Era This modest structure is of historical importance by illustrating the family/home environment and lifestyles of the average citizen in Aspen dominated by the silver mining industry. _ Other Recording information Specific References to the Structure/Building: Pitkin County Court- house Records• Sanborn and Sons Insurance Maps Archaeological Potential: (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin Historic Preservation Officer/Planner J 's I D / Y / / x ~ H C. I! x o D ' ( x / x D / D x M. '° / D x ~__~ N 7 0. ~ P. Q. ~ ~ A z / z 1 __x~ I I___xJ / o ~ ~ _& / / O 2. x I 72 6/~ b'/6' 6/ ? 2•!/ 6 i Z 24 620 E~, F' ~ 600 602 604 606 6>8 6/V 6 ~ I { nor OPeNEO. I ~~ E. SL E S K E R ~ i x /~ s.o a o ~ p 607 6 // 6/ 6/S 6/7 6/9 62/ 6Z3 62S 6 63/6_ / x V~' 7 ~ D / o / x. e D W Y i 4 ~ / X / 1 /1 ~t O b 2 A. B. C. O. E. F. G H / ~` N_ I x ~ C.~ ~°~ ~J W I / x Z 9 ~ ~ ~ 20 N Nor OPENEO. / ~~ ~~ N ~ 1L Z ~ ~ a os~^ / n n ~~ N l s Z K. L . M. [V O. P O.. R. cC p Z / z [ OCO. ~ x / n [+ ~ ~ s. , D l oO Z) . / x / 9 ~ xj / ~ ACO. • 1 /.~ o<a ~ ~__ ~ LIH. /t Y ~~ ~i G6Z ~ 33 ~ 00 ~ 67J4 606 608 /O 6/2 6i4 6/4 ti..0 6Z~oZ6 622 /676'-/8) J .-..-.~. - - - ---- -- - ~ - -l _ = G~ / ~ ° _ _ _ _ _ _ ~ _ _ _ _ _ _ ~ =O _ ~ J O O lM 60i N ~O N ' 60 6p7 b'// 6/ / 6/ Z/ b ~ - / x / X [' / x [ x ` / [ / x / ~ D D[D D ~ D O[o. / x 7J R pL0 O[O LTO [ / O[p ~ z t / ~1 0 ~ ~ E F. G• H. OLO. / /. AY l9~ ~ ~EN~ Ci~ h ' 48 s D Z i r EXHIBIT #5 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION: 26.535.070.D Review Criteria for Establishment of a Historic Transferrable Development Right EFFECTIVE DATE: January 22, 2008 WRITTEN BY: Saza Adams, I~A~a Preservation Planner APPROVED BY• VV'11-'~ Chris Bendon, Date: ~.23•~ Community Development Director COPIES TO: City Attorney City Planning Staff SUMMARY This Land Use Code interpretation is being issued in response to inquiries that staff received regarding the analysis of unbuilt development rights on a property intending to sever transferable development rights (TDRs). The request is filed by the Community Development Director. Neil Kazbank represented by Alan Richman, is party to the interpretation and has the right to appeal this interpretation, as outlined below. BACKGROUND Properties listed on the Aspen Inventory of Historic Landmazk Sites and Structures with a minimum of 250 square feet of unbuilt floor area (FAR) can apply to establish TDRs. TDR ceriificates are issued in increments of 250 square feet each; and the FAR is severed from the historic landmazk through a recorded deed restriction. An analysis of the maximum FAR for the lot, as dictated by zoning, and the existing floor area on the subject property produces the amount of unbuilt FAR, and in turn, the number of TDRs that can be severed from the property. The TDR program focuses on removing development rights from single family and duplex historic landmazk residences. PURPOSE The purpose of this Code interpretation is to clarify how unbuilt development rights on a property applying to sever TDRs ate calculated. DISCUSSION Staff relied on the following parts of Section 26.535.070 of the Land Use Code "Review Criteria for Establishment of a Historic Transferrable Development Right" to render this interpretation, emphasis added: Section 26.535.070.B It ~s demonstrated that the Sendintr Site has permitted unbuilt development rights, for either a single famil~or duplex home, equaling or exceeding two-hundred and fifty square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Section 26.535.070.0 It is demonstrated that the establishment of TDR CertiTcates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Section 26.535.070.D The •anal sis o unbuilt develo inept ri fits shall onl include the actual built development anv approved development order the allowable development right prescribed by zoning, and shall not include the potential for the Sending Site to gam Floor Area bonuses, exemptions, or similaz potential development incentives. Section 26.535.070.E The proposed deed restriction permanently restricts the development of the property (the S_endmQ SUeI to an allowable Floor Area not exceeding the allowance for a single fames or duplex residence minus two hundred and fifty (250) squaze feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a squaze footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Both Criteria B and F refer to the applicability of TDRs exclusively to single family or duplex uses. According to Criterion F, once a TDR is severed the property is restricted to the allowable FAR for a single family or duplex. Criterion C requires that the establishment of TDRs will not create a nonconformity. The crux of this interpretation is the analysis of unbuilt development rights, which is described in Criterion D. There are three parts to the analysis in Criterion D: the existing (built) development, an approved development order, and the allowable FAR as indicated by zoning. The analysis of unbuilt or allowable development rights on a property relies on the FAR schedule in the applicable zone district. The existing use of the property (i.e. single family or duplex) dictates the unbuilt FAR calculation, not the potential permitted use for the property. Furthermore, an existing single family home that assumes the allowable FAR for a duplex use establishes a nonconforming unbuilt FAR on the property before the TDR is severed, which fails to meet Criterion C. The analysis of built development rights on a property aze calculated based on either the existing built development or an approved development order. In conclusion, the calculation For Criterion D is (allowable FAR for existing use -built FAR) =unbuilt development rights. Following aze two examples: 1) The analysis of unbuilt FAR fora 9,000 square foot lot with a designated single family landmark in the R-6 zone district is calculated based on the actual single family use of the property, not the potential use of the property as a duplex. The analysis of built FAR is calculated based on the existing development. 2) The analysis of unbuilt FAR fora 9,000 square foot lot with a designated single family landmazk in the R-6 zone district with an approved development order to construct a duplex is calculated as a duplex residence. Concurrently, the analysis of built development rights on a property is calculated based on the approved development order. INTERPRETATION The analysis of unbuilt development rights relies on the existing use of a property or an approved development order, not the maximum potential allowable floor azea For a property. An existing single family home applying to establish TDRs calculates the allowable development on the property according to the single family use. This calculation is not based on the potential of the property to create a duplex in the future, and does not permit the single family use capitalize on the allowable FAR for a duplex. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (lA) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. i EXHIBIT #6 AFFIDAVIT I, Neil Karbank, Manager of 612 West LLC, hereby acknowledge the following regarding the establishment of a Historic TDR Certificate on my property at 612 West Main Street in Aspen, Colorado: 1. A deed restriction will permanently encumber the Sending Site (612 West Main Street) and restrict that property's development rights to below that allowed by zoning according to the number of Historic TDR Certificates established and transferred from that Sending Site. 2. For each Historic TDR Certificate issued by the City for the Sending Site (612 West Main Street) that property shall be allowed two hundred-fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. 3. I, as the Sending Site property owner, shall have no authority over the manner in which the Historic TDR Certificate is used by the subsequent owners of the Historic TDR Certificate. I hereby signify acknowledgement of all of the above. 612 WEST LLC __ _- __ ~-> By: Neil D. Karbank, Manager STATE OF COLORADO ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 29th day of January, 2008 by Neil D. Karbank, as Manager of 612 West LLC, a Colorado limited liability company. Witness my hand and official seal. ~-2~.~ My commission expires: ,~- -~ ~~~ : MILLARDJ.~~ ~" ~ ZIMET i Notary Public ~ '~••, ~'`` C~amndssi~ Fires 09115!2001 EXHIBIT #7 AGREEMENT FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS PURSUANT TO ASPEN CITY COUNCIL ORDINANCE # .SERIES OF 2008 THIS AGREEMENT is made and entered into this day of , 2008, by and between 612 WEST LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611; and THE CITY OF ASPEN, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"); W-I-T-N-E-S-S-E-T-H: WHEREAS, Owner owns real.property more specifically described as - Lots O and P, Block 24, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512444006, Pitkin County, Colorado - also known as 612 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.040 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, the City's Community Development Department has reviewed Owner's application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of six (6) Historic TDR Certificates (each a "TDR Certificate") as set forth herein; and WHEREAS, City Ordinance No._, Series of 2008 dated , 2008 (the "Ordinance"), approves the establishment of such six (6) TDR Cert~cates, and requires that a Deed Restriction be recorded in real property records of Pitkin County, Colorado, designating the Sending Site as a Sending Site and permanently restricting the development of the Sending Site to an allowable Floor Area not exceeding the allowance for asingle-family residence (or a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of TDR Certificates which are both established pursuant to this Agreement and then severed from the Sending Site; and WHEREAS, in consideration of the establishment of six (6) TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Sending Site as set forth herein; and 6/2 West Main TDR Agreement 2-6-08 m&k WHEREAS, the Ordinance allows for the establishment of six (6) TDR Certificates and at such time that Owner wishes to create one (1) or more TDR Certificates from the six (6) initially available, Owner shall record a deed restriction (the "Deed Restriction") substantially in the form annexed hereto as Exhibit "A"; and WHEREAS, each Deed Restriction shall result in a reduction, on the Sending Site, of allowable floor area of two hundred fifty (250) square feet, and Owner shall be entitled to subsequently establish additional TDR Certificates by filing subsequent Deed Restrictions for an additional reduction of allowable floor area of two hundred fifty (250) square feet each; provided, however, that the aggregate number of TDR Certificates and Deed Restrictions created shall not exceed the six (6) created pursuant to the Ordinance and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: Development of the Sending Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area for each one (1) TDR Certificate hereby established and then utilized by Owner as evidenced by the recordation, against the Sending Site, of a Deed Restriction. Each recorded Deed Restriction shall reference this Agreement. 2. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall, at any time and upon Owner's request therefor, cause the issuance of one (1) TDR Certificate, executed by the Mayor, allowing the development of an additional two hundred f"~fty (250) square feet of Floor Area on a Receiver Site to be determined pursuant to the City Code. Each such TDR Certificate may be sold, assigned, transferred, or conveyed, provided, however, that no Historic TDR Certificate shall be effective until a Deed Restriction, referencing such Historic TDR Certificate, shall have been recorded against the Sending Site. 3. Transfer of title shall be evidenced by an assignment of ownership on the actual TDR Certificate itself. Upon transfer, the TDR Certificate's new owner may request that the City re-issue the TDR Certificate acknowledging the new owner thereof. Reissuance shall not require adoption of a new ordinance. The market for such TDR 2 Certificate shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any TDR Certificate. 4. No Deed Restriction shall be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. The Sending Site shall remain eligible for Floor Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 6. This Agreement may be modified only in a writing signed by both the Owner and the City. Unless modified as stated above, this Agreement shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date and year above first written. OWNER: 612 WEST LLC By: Neil D. Karbank, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2008, by Neil D. Karbank, in his capacity as Manager of 612 West LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public APPROVAL OF CITY ATTORNEY By: John P. Worcester, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado By: Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Date: The foregoing instrument was acknowledged before me this day of 200_, by Witness my hand and official seal. My commission expires: Notary Public 4 EXHIBIT A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT DEED RESTRICTION THIS DEED RESTRICTION is established this _ day of 2008 (this "Deed Restriction"), by THE CITY OF ASPEN, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (the "City"), at the request of 612 WEST LLC, a Colorado limited liability company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611, W-I-T-N-E-S-S-E-T-H: WHEREAS, pursuant to the City's Ordinance No._, Series of 2008, dated 2008 (the "Ordinance"), the City approved the establishment of six (6) Historic Transferable Development Right Certificates (each a "TDR Certificate") and accompanying deed restrictions to be recorded against certain real property owned by Owner and legally described as: - Lots O and P, Block 24, CITY AND TOWNSITE OF ASPEN, Parcel ID# 273512444005, Pitkin County, Colorado - also known as 612 West Main Street, Aspen, (the "Sending Site"), which is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and WHEREAS, Owner and the City entered into that certain Agreement for Establishment of Historic Transferable Development Rights Pursuant to Aspen City Council Ordinance #_, Series of 2008, dated _, 2008 (the "TDR Agreement") and recorded in the real estate records of Pitkin County, Colorado on _, 2008 as Reception # ,and the TDR Agreement sets forth the procedures for, and effects on floor area of the Sending Site (as defined in the TDR Agreement, "Floor Area"), of issuing TDR Certificates and for the recordation of a deed restriction, evidencing each TDR Certificate, against the Sending Site; and WHEREAS, pursuant to the TDR Agreement, Owner has requested that the City issue a TDR Certificate, and pursuant to the TDR Agreement, the City will issue a TDR Certificate only upon recordation, against the Sending Site, of this Deed Restriction; and WHEREAS, on and as of the date hereof, the City has issued to Owner a TDR Certificate. NOW, THEREFORE, in consideration of the mutual promises and obligations contained in the TDR Agreement and in this Deed Restriction, Owner and the City hereby covenant and agree as follows: 612 West Main deed restriction Z-6-08 m&k Development of the Sending. Site is hereby permanently restricted to (a) an allowable Floor Area not exceeding the allowance for a single-family residence (or that Floor Area allowed for a duplex, if the Owner shall at a later date receive approval to remodel the existing single-family residence into a duplex) as otherwise permitted by the City Code on the Sending Site, minus (b) two hundred fifty (250) square feet of Floor Area. 2. This Deed Restriction shall not be construed to stipulate an absolute Floor Area on the Sending Site, but only a square footage reduction, of two hundred fifty (250) square feet, from the applicable allowable Floor Area, as that allowable Floor Area may be amended from time to time. 3. The Sending Site shall remain eligible for Floor- Area incentives, bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 4. This Deed Restriction may be modified only in a writing signed by both the City and the then-owner of the Sending Site. Unless so modified, this Deed Restriction shall constitute a covenant running with the Sending Site as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction as of the date and year above first written. OWNER: 612 WEST LLC By: Neil D. Karbank, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2008, by Neil D. Karbank, in his capacity as Manager of 612 West LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public APPROVAL OF CITY ATTORNEY By: John P. Worcester, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado By: Michael C. Ireland, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Date: The foregoing instrument was acknowledged before me this 200_, by Witness my hand and official seal. My commission expires: Notary Public day of sSLZ-SZ6NL6 (xodl OOti-SZ6/6L6lyd) Lt9L9 OOtltlOl00 N3dStl 133tl1S ONItldS H1fIOS 6LL OOtltlOIOO~N3dStl "°"'"°" 13315 NIt~W ~~~,as 1S3M Z L9 NId£0~6 80/9L/I~HIISSI30H.LdQ d lOl O lOl~ y bs L69' t 1Y101 y bs 0 (peteooleH) 03HS 3JVtlOlS _ _ ymod ~eey 4o~od wad y bs 0 _ (ee~e pa~nollV % S tom) N034 y bs 0 (slleM pesodxe/smopulm oN)1N3W3SV9 y bs L69' l 13A31 NItlW tl3tltl ki00ld y bs 0009 ~tl3FJV FJOOId 03MOllV A bs 0009 ~V3tltl10'1 ~ NOllt/lf)OltlO V3liV I 3niaa ~3nda~ I „tisisz z-,bz ..z-,ti ~ m THE CITY OF ASPEN Memorandum To: vim. From: Don Taylor, Director of Finance and Administrative Services CC: Steve Barwick, City Manager John Worcester, City Attorney Lisa Dawson, Assistant Finance Director/Controller Scott Newman, Senior Financial Analyst Don Pergande, Budget Officer Date: Apri17, 2008 ~`~ Re: 1st Reading, Ordinance No. 13, BMC West/Affordable Housing Financing Strategy. SUMMARY: In December of 2007 the CiTy closed on the acquisition of the BMC pazcel for future affordable housing use. The acquisition cost was approximately 18 million dollars. The Housing fund (fund 340) did not have the available resources to make the acquisition and a financing strategy needed to be utilized in order to make the acquisition. An appropriate financing was never put into place and aninter-fund loan needs to be authorized in order to complete the financing. BACKGROUND: The Director of Finance and Administrative services at the time provided a memo to the Manager and Council providing some options for financing the pazcel. The options included using aninter-fund loan, and also suggests a repurchase agreement line of credit. The repurchase agreement is not actually a line of credit but is a liquidity action. Securities with a longer term were pledged to Compass Bank (the repurchase agreement provider) in exchange for the cash required to make the BMC purchase. In order to complete the financing aninter-fund loan from the Wheeler Opera House Endowment fund needs to be made. The endowment fund had a balance at the end of 2007 in the amount of $24,453,000. The Housing Development Fund had $ 10,250,000 in available fund balance prior to the BMC purchase, so only $8,000,000 needs to be borrowed to close out 2007. As new projects in the housing fund are initiated in 2008, additional inter- fund loans may be required for another $8,000,000. Apri19, 2008 The Wheeler Endowment fund will be paid interest on the loan equal to the amount it was currently earning on its invested balances. The loan would then be repaid from the bond proceeds (permanent financing) if the issuance is approved in November. ANALYSIS: A short term borrowing from a third party that has a term beyond the end of the fiscal year is not an option unless there is voter and Council approval. The State constitution requires that multiyear obligations be approved by the voters and any debt must be approved by the City Council as required in its charter. RECOMMENDATION: Staff recommends that aninter-fund loan from the Wheeler Opera House Endowment fund be approved for 2007 in the amount of $8,000,000. Interest will be paid on the loan in the amount that it would have earned on its invested cash. This is estimated at 4.61%. The Wheeler Endowment fund will be held harmless during this inter-fund loan transaction. ORDINANCE NO.~~ (Series of 2008) AN ORDINANCE APPROPRIATING AN INCREASE IN THE WHEELER FUND OF $8,000,000. WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may make supplemental appropriations; and WHEREAS, the City Manager has certified that the City has unappropriated current year revenues and/or unappropriated prior yeaz fund balance available for appropriations in the following funds: WHEELER FUND. WHEREAS, the City Council is advised that certain expenditures, revenue and transfers must be approved. WHEREAS, this supplemental appropriation is an interfund loan from the Wheeler Fund to the Housing Fund, and the loan will be paid along with interest that would have been earned on invested cash. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Upon the City Manager's certification that there aze current year revenues and/or prior year fund balances available for appropriation in the: WHEELER FUND: the City Council hereby makes supplemental appropriations as itemized in the Attachment A. Section 2 If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. Section 3 A public hearing on the ordinance will be held on the 28a' day of April, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado and public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 14Th day of APRIL, 2008. ATTEST: Kathryn S. Koch, City Clerk Mick Ireland, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 28th day of April, 2008. ATTEST: Kathryn S. Koch, City Clerk Mick Ireland, Mayor Approved as to Form: John Worcester, City Attorney Total City of Aspen 2007 Appropriations by Fund und Name 2007 Amended Expenditure Budget After # 3 Sup lemental 2007 Supplemental #4 2007 Amended Expenditure Bud et General Government Funds Asset Management. Plan _ _$18,119,770 __ $0 $18,119,770 General Fund $31.201.660 _ ~ $31.201.660 Subtotal General Gov't Funds: $49,321,430 $0 549,321,430 Special Revenue Funds Parks and Open Space $10,802,160 _ $0 $10,802,160 Wheeler Opera House _ $4,974,080 $_8,000,000 $12,974,080 Lodging Tax Fund $1,266,390 $0 $1,266,390 Parking Improvement Fund _ $2,111,060 $0 $2,111,060 Housing Development $53,791,970 $0 $53 ,791,970 Early Childhood Educ. Initiative - AVCF $517,320 $0 __ $517,320 Kids First /Yellow Brick _ $1.769.240 ~ $1.769.240 Subtotal, Special Rev. Funds: $75,232,220 $8,000,000 $83,232,220 Debt Service Funds Debt Service Fund 4 083 020 ~ 4 083 020 Subtotal, Debt Service Funds: $4,083,020 $0 $4,083,020 Parks Ca ital Improvement Fund $4,700,320 $0 $4,700,320 Enterprise Funds Water Utility $9,951,550 $0 $9,951,550 Electric Utility _ $6,936,040 _ $0 _ $6,936,040 Stormwater Fund $12,910 $0 $12,910 Ruedi Hydroelectric Facility _ $648,340 $0 $648,340 Transportation Fund _ $3,941,680 $0 $3,941,680 Municipal Golf Course_ _ $1,234,780 $0 $1,234,780 Truscott Housing $2, 117,080 $0 $2 117 080 _ Marolt Housing _ _ $1.171.950 ~ , , $1.171.950 Subtotal, Enter rise Funds: $26,014,330 _ $0 $26,014,330 Health Ins. Internal Service Fund $3,162,500 $0 $3,162,500 Trust & Agency Funds Housing Authority Smuggler Mountain Fund _ $1,022,200 73 780 $0 $0 $1,022,20_0 73 780 Subtotal, Trust & Agency Funds: $1,095,980 $0 $1,095,980 ALL FUNDS: $163,609,800 $8,000,000 $171,609,800 Less Interfund Transfers $26,345,410 $8,000,000 $34,345,410 EQUALS NET ALL FUNDS APPROPRIATIONS: $137,264,390 $0 $137,264,390 Vg1a MEMORANDUM TO: Mayor Ireland and City Council FROM: Jessica Garrow, Long Range Planner~Ml,~ THRU: Jennifer Phelan, Community Development Deputy Director DATE OF MEMO: Apri13, 2008 MEETING DATE: April 14, 2008 RE: Smuggler Racquet Club Conceptual PUD, Resolution 53, Series 2007 The Applicant has requested that the Smuggler Racquet Club Conceptual PUD public hearing be continued to a date certain due to its relationship to the Lifr 1 Master Plan process. Staff supports this continuation request. Staff proposes that this hearing be continued to July 21, 2008, and that the heazing be re- noticed because it will be a year since the previous public hearing The Applicant has agreed to this continuation date. PROPOSED MOTION: "I move to continue the Public Hearing for Resolution No. 53, Series of 2007, approving a Conceptual PUD for the Smuggler Racquet Club, to July 21, 2008." CITY MANAGER COMMENTS: VIII} MEMORANDUM TO: Mayor Ireland and City Council FROM: Beu Gagnon, Special Projects Planner RG THRU: Jennifer Phelan, Deputy Director, Community Developmenl~ DATE OF MEMO: Apri17, 2008 MEETING DATE: April 14, 2008 RE: Continuation of Public Hearing, Second Reading, Ordinance No. 10: Extension of Commercial Mix/Historic Interiors Moratorium REQUEST OF COUNCIL: Staff is requesting that City Council continue the Public Hearing, Second Reading, regarding the extension of the Commercial Mix/I-Iistoric Interiors Moratorium (Ordinance No. 10, Series of 2008). PREVIOUS COUNCIL ACTION: Council approved Ordinance No. 10 at First Reading on March 24, 2008, and scheduled Second Reading for April 14, 2008. Community Development staff had intended for Second Reading to be scheduled for Apri128, 2008, but a miscommunication occurred. DISCUSSION: Community Development staff intended for Council to consider extending the Commercial Mix/Historic Interiors moratorium on the same date that it is scheduled to consider extending the S/C/I moratorium, on Apri128. RECOMMENDED ACTION: Staff requests that Council continue the Public Hearing, Second Reading, on extending the Commercial Mix/Historic Interiors moratorium (Ordinance No. 10) to Apri128. CITY MANAGER COMMENTS: Page I of I V111c MEMORANDUM TO: Mayor Ireland and City Council FROM: Ben Gagnon, Special Projects Planner QG THRU: Jennifer Phelan, Deputy Director, Community Development~~ DATE OF MEMO: April 7, 2008 MEETING DATE: April 14, 2008 RE: Continuation of Public Hearing, Second Reading, Ordinance No. 3: Fire Station COWOP Ordinance REQUEST OF COUNCIL: Staff is requesting that City Council continue the Public Hearing, Second Reading, regarding the Fire Station COWOP (Ordinance No. 3, Series of 2008), to April 28, 2008 PREVIOUS COUNCIL ACTION: Council approved Ordinance No. 3 at First Reading on Februazy 11, 2008, and scheduled Second Reading for Mazch 11, 2008. Community Development staff erred in publishing the notice, and City Council continued the Second Reading to April 14, 2008. Again, Community Development staff has erred in publishing the notice. DISCUSSION: Staff apologizes for this series of errors. RECOMMENDED ACTION: Staff requests that Council continue the Public Heazing, Second Reading, on the Fire Station COWOP (Ordinance No. 3, Series of 2008) to April 28. CITY MANAGER COMMENTS: Page 1 of I Wud MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Preservation Planner~- THRU: Jennifer Phelan, Community Development Deputy Director DATE OF MEMO: Apri13, 2008 MEETING DATE: April 14, 2008 RE: 827 Dean Street, Establishment of Four (4) Transferable Development Rights, Second Reading of Ordinance # 6, Series of 2008 (Parce12737-073-14-003) REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of four 250 squaze feet Transferable Development Right certificates (TDRs). BACKGROUND: ^ Lot History: 827 Dean Street is a 6,000 squaze foot lot located in the Residential Multi-Family (RMF) zone district. The property abuts Glory Hole Park, as indicated on the map to the right, and contains a designated one story chalet residence and a modest one story guest house. • Previous actions: The applicant voluntarily designated their chalet as a local historic landmark in 2007. ~ Only a few alterations have been performed on this residence: in the 1980s, the current owner completed an interior renovation that enclosed the northwest roof overhang to make an entry hall. ' Ordinance 17, Series of 2007. G:\city\Sazaa\827 Dean Street\827 DeanTDRsecondreading.doc Page 1 of 3 DISCUSSION: ^ During First Reading, Councilman Skadron requested information regazding where TDRs can land. TDR certificates cannot land on landmazk properties and they cannot land on non-conforming structures or uses. ^ The following residential zone districts permit one TDR to land per residence (excluding ADUs and Carriage Houses) fora 250 square feet floor area increase: R6, R15, R15A, R15B, and R30. ^ The following multi family zone districts permit one TDR to land per residential unit for 500 squaze feet net livable area increase over the maximttm unit size capz. A TDR does not increase the floor area calculation of the structure: RMF, RMFA. • Similaz to the multi-family zone districts certain commercial and lodging zone district do not permit a TDR to increase the floor azea of the strncttue; rather it allows an internal increase of net livable azea that exceeds the maximum unit size cap for residential units. This applies to the following zone districts: CC, C1, NC, MU, L, and CL.3 ^ The purpose of a TDR is to encourage the preservation of historic landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standazd market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. ^ The applicant requests approval from City Council to establish four (4) 250 squaze foot TDR certificates, which equals a total of 1,000 square feet of unbuilt floor azea to be severed from the property. The final remaining unbuilt floor area on the property after the severance of 1,000 squaze feet of floor area will be 286 square feet. However, as a local landmazk, the property is eligible for the 500 squaze feet floor area bonus for rehabilitation and good design. If the property is granted the floor area bonus, then the total unbuilt floor area on the property is 786 a ^ The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. The property must be a local landmazk, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. Z Residential unit size caps for multi family housing are: 2,000 sq. ft. of net livable area inside the infill area, which can be increased up to 2,500 sq. ft. of net livable area with a TDR; and 2,500 sq. ft. of net livable area outside of [he infill area, which can be increased up to 3,000 sq. ft. of net livable area with a TDR. ' The specific residential unit size caps and the maximum size achieved by landing a TDR are as follows: CC- 2,000 sq. ft. net leasable area increased to 2,500 sq. ft. net leasable area; C1-same as CC; NC- 1,500 sq. ft, net leasable area increased to 2,000 sq. ft. net leasable area; MU- 2,000 sq. ft. net leasable area increased to 2,500 sq. ft. net leasable area; L- 1,500 sq. ft. net leasable area increased to 2,000 sq. ft. net leasable area; CL- same as L. ° The property owners aze not applying for the floor area Bonus at this time. G:\city\Sazaa\827 Dean Street\827 DeanTDRsecondreading.doc Page 2 of 3 Table 1: Floor Area Analysis for 827 Dean Street: Total allowable floor azea for 6,000 sq. ft. lot 3,240 sq. ft. of allowable floor area single family residence in RMF zone district on the subject property Existing floor area at 827 Dean Street 1,954 sq. ft. Available unbuilt floor area (3,240 -1,954) = 1,286 sq. ft. unbuilt floor area Sever 4 TDR certificates at 250 square feet (1,286 -1,000) = 286 sq. ft. each (1,000 square feet total) unbuilt floor area on the site after severing TDRs RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the applicable review criteria to establish four transferable development rights and finds that TDRs aze a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the four TDR certificates." PROPOSED MOTION: "I move to approve Ordinance #06, Series of 2008, upon Second Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -Review Criteria. Exhibit B -Application. G:\city\Sazaa\827 Dean Street\827 DeanTDRsecondreading.doc Page 3 of 3 ORDINANCE N0.06 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING FOUR (4) HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES IN 250 SQUARE FEET OF FLOOR AREA INCREMENTS FOR THE SENDING SITE OF 827 DEAN STREET, LOTS P AND Q, BLOCK 113, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL N0.2737-182-58-004. WHEREAS, the Community Development Department received an application from Nyla White, 827 Dean Street, Aspen CO (hereinafter "the Applicant"), represented by Lani White, P.O. Box 1033, Aspen CO, requesting the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lot P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, the subject property is located within the Residential Multi-Family (RMF) zone district; and, WHEREAS, 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26 535 070 Review Criteria for the Establishment of Historic Transferable Development Right• A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either asingle-family or duplex home, equaling or exceeding two- hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable Ordinance No. 6, Series 2008 Revised 4/4/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page I of 4 development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similaz potential development incentives e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. f) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance For asingle-faznily or duplex residence minus two hundred and fifry (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a squaze footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area; and, WHERAS, the City of Aspen Zoning Officer confirms that the subject property has a total allowable FAR of 3,240 squaze feet fora 6,000 square foot an existing single family property in the RMF zone district at this time. A total of 1,286 squaze feet of floor area remains unbuilt on the site. The property requests to establish four (4) Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total of 1,000 square feet of floor area. A remainder of 286 square feet of unbuilt floor area will remain on the property; and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval, with conditions, of the proposed establishment of four (4) Historic Transferable Development Rights; and, WHEREAS, on March 10, 2008 the Aspen City Council approved Ordinance No. 6, Series 2008, on First Reading by a five to zero (5 - 0) vote, approving with conditions the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, during a duly noticed public hearing on the 14`s of April, 2008, the Aspen City Council approved Ordinance No. 6 Series 2008, by a to _ vote, Ordinance No. 6, Series 2008 Revised 4/4/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 2 of 4 approving with conditions the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish four (4) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, , WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standazds and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish four (4) Historic Transferable Development Rights of 250 squaze feet of Floor Area each to the sending site located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen) by four (4) Transferrable Development Rights, 1,000 squaze feet, together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Ordinance No. 6, Series 2008 Revised 4/4/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 3 of 4 Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance will be held on the 14a' day of April, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the l Os' day of Mazch, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _`s day of Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Ordinance No. 6, Series 2008 Revised 4/4/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 4 of 4 Exhibit A Section 26.53S.O7O REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 16.710. Properties on which such development is a conditional use shal/not be eligible. Staff Finding: The proposed 6,000 squaze foot sending site is located within the Residential Multi-Family (RMF) zone district, which allows residential single-family use. The sending site is a designated Historic Landmak, listed on the Aspen Inventory of Historic Landmark Sites and Structures. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable floor area of 3,240 square feet fora 6,000 square foot existing single family property in the RMF zone district. A total of 1,286 squaze feet of floor area remains unbuilt on the site. The property requests to establish four (4) Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total of 1,000 square feet of floor azea. A remainder of 286 square feet of unbuilt floor azea will remain on the property. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the speciftc nonconformity. Staff Finding: The establishment of four TDRs will not increase or create non-conformity. d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) analysis of approved development Analysis of actual built development: The existing chalet and guest house include 1,954 square feet of floor area out of an allowable floor azea of 3,240 square feet. The unbuilt floor azea existing on the site is 1,286 square feet. Exhibit A G:\city\Sazaa\827 Dean Street\827DeanStreetExhibitA.doc Page 1 of 2 The applicant requests to sever four TDRs, a total of 1,000 square feet of floor area, which will leave 286 square feet of unbuilt floor area on the property. Analysis of annroved development: There is no approved development pending for this property. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void Staff Finding: The property will not include any development order to develop Floor Area beyond that remaining legally connected to the property after the establishment of four TDR certificates. ,n The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance jor a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standazd (f) in the application. g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Fitkin County Clerk and Recorder's Offue. Staff Finding: The application states that the requirements of section (g) are understood by the applicant. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Staff Finding: The application demonstrates an understanding of the requirements of section (h). The Zoning Officer confirmed the existing floor area numbers reflected in the Staff memo. Exhibit A G:\city\Sazaa\827 Dean Street\827DeanStreetExhibitA.doc Page 2 of 2 r,. \. i ATTACHMENT 2 -LAND USE APPLICATION YROJECT: Name: L M 25 , (-~~EC-T (.~1 ~-{ t ~E. L E IMF TIT Cf-f h[s-T ~4t'~' Location: 2~ ~e0.~` Sfi' ~ ~ ~ ~' I Indicate street address, lot & block number, le a descri tion where a ro riate Parcel ID # UIRED t~C '~ l~ APPLICANT: `I ' ~ ` Name: N 'l~-A- W ~ ~~-- Address: ~S2`I 4~- ~I r^ 5+ p.p,~.~ Ca ~~ ~ ~ Phone#• 9~b q~zs~ 9Y6y 925 z6g3 1tEPRESENTATIVE: / ~ ~ Name: L C-F ~" 1 W ~~ I _,~ Address: ~ ~cO, ~ ao (~ 3 3 1' ~ N Phone #: 1 2S 9 Y~ TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ~ ' \ Other: ~,L~ ^ Conditional Use EXISTING CONDTTIONS' (description of existing buildings uses previous approvals etc.) Ills-NIZt~ CIkY~LET F}NO SMNLt_ Si'}~ED ~C~r(i~N p-(tk'~N- ~S1YCtic-I'~t (t-~S ~rR~z 'Tw b ' ~ Tn FF - S fiF~ O ~~ r37U I2Af~ S ~I ED S PROPOSAL: (description of proposed buildings, uses, modifications, etc ~, .. ~A ~'ifi7. ~*97z c _ lave you attached the following? FEE L r Pre-A ltcation Conference Summ ^ Attachment #1, Signed Fee Agreement OCT 2 3 ZGli7 ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Resport~g~ tR,~~~3tl~dBtti~ JL; rv~i ~I:~T ^ 3-D Model for lazge project LU +" '``+:~~_+ All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. .-~ Page 1 of 1 t`~ `.,,~ Calculation of FAR for 827 Dean St. for purposes of establishing Transferrable Development Rights The residence at 827 Dean St. lies within the City of Aspen zoning district of R-6. With the lot size, as determined in the recent survey, being 6,000sq.ft., the FAR would be 2400 sq.ft. for the first 3,000 sq.ft. and 28 sq.ft. per 100 sq.ft over the 3,000. So, the allowable FAR for this 6,000 sq.ft. lot would be a total of 3,240 sq.ft. , The improvements at 827 Dean St. consist of a two bedroom residence plus a detached guest cabin and two small (non-insulated, non-heated) storage sheds. These structures are shown on the recent survey which is submitted. There is no garage or carport, balconies, decks or stairways. There is a brick patio and walkway. The county assessor lists the total sq.footage of the improvements as 1571 for the house and 192 for the cabin (total of 1772 sq.ft. ). However, the measurements provided by the survey show the total square footage of the house to be 1701 and the cabin to be 198, for a total of 1899 sq.ft. v r We would like to establish We~DR's, by relinquishing 1000 square feet of development rights. We would like to have the remaining sq.ft. of allowable FAR development rights (341 sq.ft) remain with the property. Submitted by: Lani White ~ J °~" " ' ~ 925-9464 ~ P.O. Box 1033 Aspen, CO i~"' i on behalf of Nyla White 925-2693 827 Dean St. Aspen, CO Tuesday, October 23, 2007 America Online: Aspenrealestate V Calculation of FAR for 827 Dean St. for purposes of establishing Transferable Development Rights Page 1 of 1 p-µF The single family residence at 827 Dean St. lies within the City of Aspen zoning district ofd. With the lot size, as determined in the recent survey, being 6,000 sq.ft., the FAR would be 2400 sq.ft. for the first 3,000 sq.ft. and 28 sq.ft. per 100 sq.ft over the 3,000. Therefore, the allowable FAR for this 6,000 sq.ft. lot is 3,240 sq.ft. The improvements at 827 Dean St. consist of a two bedroom residence plus a detached guest cabin and two small (non-insulated, non-heated) storage sheds. These structures are shown on the recent survey which is submitted. There is no garage or carport, balconies, decks or stairways. There is no basement, but there is a crawl space that is approximately 4 feet high. There is no second floor and no attic. There is a brick patio and brick car parking area off-street. The county assessor lists the total sq.footage of the improvements as 1571 for the house and 192 for the cabin (total of 1772 sq.ft.). However, the measurements provided by the survey show the total square footage of the house to be 1701 and the cabin (with dimensions of 16.2 ft. x 12.2 ft.) to be 198, for a total of 1899 sq.ft. The measurements of the improvements are of the total footprint, the exterior dimensions, of the house and cabin. Cabin: 198 sq,ft, House: 1701 sq.ft. Exempted structures: non-insulated, free-standing pre-fab storage units Smaller storage unit on west side: 4 ft. x 8 ft. Larger storage unit on south side: 4 ft. x 12 ft. Trash storage on north west side: 2 1 /2 ft. x 4 ft. The difference between the development rights of 3240 F.A.R. and the actual square footage of the residence (1899 sq.ft.) is 1341 square feet. I would like to establish four TDR's, by relinquishing 1000 square feet of development rights. I would like to have the remaining square feet of allowable FAR development rights, 341 sq.ft, remain with th p erty. ~~ r.~ ~ ~.~~~ ~1, ~~ December 7, 2007 Submitted by: Lani White on behalf of Nyla ite 925-9464 925-26 P.O. Box 1033 827 Dean St. Aspen, CO Aspen, CO Fridav, December 07, 2007 America Online: Asuenrealestate Page 1 of 1 http://www.pitkinassessor.org/assessor/Photo/R005212.1.jpQ 12/7/2007 Page 1 of 1 .. Nyla White 827 Dean St. Aspen, Colorado 81611 (970) 925-2693 City of Aspen Community Development Aspen, Colorado Re: Transferable Development Rights: 827 Dean St., Aspen To whom it may concern, My name is Nyla (Mrs. Fleet) White and my late husband and I have owned the house at 827 Dean St. since the early 1960's. Since my husband's death I have been living full time in Aspen in the house we have always called Le Petit Chalet Blanc. My home is beloved in the neighborhood and is a wonderful example of the chalets that were so popular in Aspen in the 50's. My daughter and I thought about making sure that my chalet would not be torn down and would always be a legacy to Aspen and the neighborhood. The City was very happy when we discussed with them the possibility of making my chalet a historic landmark in Aspen. At the time they said that there were incentives forme 'rf my chalet was historic...particularly the TDR's that were offered. So I made the decision to go through with the historic re-zoning. We didn't expect such a long process in getting the TDR's, as I expected to receive the TDR's at the time that my home became historic. Since then my daughter has since been trying to get everything that's required to get through this process. It now appears that will take a year since my home became "historic" last spring to be approved for the TDR's.. The proceeds from the sale of the TDR's will enable me to pay off my mortgage and to hire help forme in my home, as I am 84 and legally blind. As my agent, my daughter, Lani White, has been handling all the work involved in this process. She has done this with my full knowledge and authority. This letter states my intent to relinquish 1,000 sq.tt. of the development rights at 827 Dean St. in order to receive four marketable Transferable Development Rights. Sin ~ ly, n~ -~ ~ /~/ Nyla (M .Fleet) White Deco er 5, 2007 t^~~~~ ~~~~~u~~~~ ~ ~ ~`~~ ~~~ti ~ ~~ ~ ~~~ ~~, ~ ~ r~ ~" d~~~ ~~,r:.....::;r ,. . ;NOTARY: ~,.pUBLIC;Q Friday, December 07, 2007 America Online: Aspenrealestate ~L~~Y ® ~~®~~ ASPEN TOWNH®USES EAST Memorandum TO: Mayor and Members of Council FROM: James R. True DATE: Apri17, 2008 V~IIe The City etpurea City pr@oraey~ Clpce RE: Code Amendment Regarding Chapter 12.08 Of The Aspen Municipal Code, Solid Waste, Wildlife Protection Attached for your consideration and review is a proposed Ordinance which, if adopted, would amend Chapter 12.08 Of The Aspen Municipal Code, Solid Waste, Wildlife Protection. The Aspen Police Department has recommended this amendment to eliminate the requirement that wildlife "proof' containers be made only of metal Currently, containers made of different materials provide equivalent or better protection. Also, this addresses the conflict in the use of the terms "wildlife proof' and "wildlife resistant". Present standards involve measuring the time in which the container is able to resist the intrusion by an animal; thus, "wildlife resistant" is the more appropriate term. Also, the present code is inconsistent in its use of the two terms. This amendment corrects the inconsistencies by relying solely on the term "wildlife-resistant". Also, the Community Safety Division of the Aspen Police Department believes that requiring the numbering of all refuse containers will aid in the enforcement of the provisions of this code. This addition is set forth in the new subsection C. of Section 12.08.020. Finally, the old subsection B. of Section 12.08.020 is being deleted. Environmental Health does not maintain "Wildlife Protection Ordinance Guidelines" and, to the best of my knowledge, such guidelines were not created. Since the requirements are set forth in the ordinance language itself, it seems best to simply delete this subsection. There is significant concern that this spring will see increased bear activity in town given the record snowfall. Although these changes do not significantly modify what has been used in the past, it is felt that as stronger containers are created, the changes will allow the City to adopt quickly. Community Safety officials will be present at the public heazing to answer any questions you might have regarding the proposed ordinance. ACTION REQUESTED: A Motion to approve Ordinance No. ~, Series of 2008. CITY MANAGER'S COMMENTS: cc: City Manager Aspen Chief of Police ORDINANCE N0. (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL CODE, SOLID WASTE, WILDLIFE PROTECTION. WHEREAS, Section 12.08 sets forth the requirements for refuse containers designed for the protection of wildlife; and WHEREAS, since the initial adoption of certain provisions of this code section, new ma- terialshave been produced and are available that afford additional security of the refuse con- tainers; and WHEREAS, certain inconsistencies exist in the present code in the use of the terms "wildlife-proof' and "wildlife-resistant",which make it unclear as to whether the more current equipment is allowed; and WHEREAS, the Community Safety Division ofthe Aspen Police Department believes that requiring the numbering of all refuse containers will aid in the enforcement of the provi- sions of this code; and, WHEREAS, the amendments to the Code are delineated as follows: Text being removed is delineated with strikethrough. • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Chapter 12.08 to read as follows: Sec. 12.08.010: Definitions. (2) Wildlife reef resistant refuse container means a fully enclosed container that can be constructed of pliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latchine mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the standards of testine by the Livine With Wildlife Foundation and approved by the Interaeencv Grizzly Bear Committee (IGBCI as bear resistant for 90 minutes or otherwise be approved by a City- designated official. Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. Any refuse container, regazdless of size, that receives refuse which is edible by bears or other wildlife shall be either: (1) An approved wildlife-resistant refuse container; or (2) A refuse container which is stored within a building, house, garage or approved wild- life-resistant dumpster enclosure. ~~ ~~ . , ae~:,....,.va ,, e«« -rt,e ~~r•.,:avi:«e..~~ ..~,,,n we .. ..:i..x.io r .-.-o..:o.., «a « ~,.w....e .,, «ti,o r:...~.. CB. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife-resistant refuse containers, wildlife-resistant dumpsters orwildlife-resistant poly carts, which meet the requirements set forth herein or is approved by a City-designated official. Sec. 12.08.030. Maintenance and operation ofwildlife-pree€ resistant refuse containers and dumpster enclosures. C. All refuse containers must Gave the street address and unit number permanently af- fixed to the container with digits no smaller than two inches in height. Section 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. Notice A public hearing on the ordinance was held on Apri114, 2008, in the Rio Grande Meeting Room, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24'h day of March 2008. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of _, 2008. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, CityAttorney MEMORANDUM v 1 TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Community Development Deputy Director RE: Mountain Plaza Building (AKA Bidwell Building - 434 E. Cooper Ave.) - Subdivision Review, Second Reading of Ordinance No. 1. (Series 20081 MEMO DATE: Mazch 12, 2008 MEETING DATE: April 14, 2008 SPECIAL NOTE: This staff report is new since the January 28th first reading and addresses the issues raised by City Council at the first reading of this application. It contains the following: • A summary of the issues raised from the last meeting with additional information provided by Staff and the Applicant; • Staff recommendation & motion; and • A revised ordinance. Also attached is the original staff report of January 28, 2008. This is attached primarily to show the development proposal, background and dimensional standards table associated with the development so that you have this information at hand. Please refer to the original Januarv 28`h staff report to reference the exhibits. SUMMARY AND FIRST READING QUESTIONS: At the January 28`h first reading for the Mountain Plaza application, the City Council raised a number of issues that they asked to have addressed in further detail prior to the scheduled second reading and public hearing on the application. Below, the concerns voiced by the City Council aze itemized issue by issue. The Applicant's representative has responded to the questions in the attached Exhibits. Comments from Staff follow the issues raised in a sepazate, italicized paragraph. 1) Provide insight on affordable housing needs with regard to "for sale" vs. rental units. In speaking with Tom McCabe, the ratio of `for sale" to rental units has traditionally been about half `for sale" and half rental. Currently, `for sale" units are a slightly greater percentage of the inventory. The Housing Board will be discussing this issue of housing needs at their March 19, 2008, meeting and staff may be able to provide additional information at the hearing. Page 1 of 9 As the City's Land Use Code is currently written, affordable housing units shall be deed restricted as `for sale" units unless permitted to be rental units by the Planning and Zoning Commission. The Applicant requested that the units be rental units and the Planning Commission approved the units as rental units during their review of the application; however, if the rental units become noncompliant with the housing guidelines in the future, then the units shall be converted into `for sale "units as written in the ordinance. 2) Are there any tools to limit the uses for the commercial use of the property to provide locally serving uses such as medical offices? An Applicant can voluntarily restrict the uses permitted on a property through a deed restriction. A deed restriction needs to be truly voluntary, as the Council does not have the authority to require the placement of a deed restriction on the property. 3) One of the AACP policies states "retain and encourage an eclectic mix of design styles to maintain and enhance the special chazacter of the community" under the Design Quality chapter. Does demolition of an eclectic building further the AACP? As noted in the AACP, "the purpose of the Aspen Area Community Plan is to serve as a guide for the future" and "should be interpreted to apply generally to all properties and issues in Aspen. " While retaining and encouraging an eclectic mix of design styles is a policy of the AACP, the intent of the Design Quality chapter is to "ensure the character of the built environment is maintained" both in the maintenance of existing buildings and the construction of new ones. Although City Council may feel that the Mountain Plaza building is one that contributes to an eclectic mix, the building has been through a number of land use reviews: to determine if the building can be demolished and to historically designate the building. The land use reviews did not result in the designation of the existing building and determined that it could be demolished. Subsequent reviews by the Historic Preservation Commission conceptually approved a building that is found to meet the adopted criteria for development within the Commercial Core Historic District and contribute to the character of the historic district. 4) Address the construction management plan, pedestrian amenity and the potential for a restaurant. During the Development Review Committee meeting with the Applicant, the Engineering Department put the Applicant on notice that the construction management plan (CMP) is a critical component to the redevelopment of the site due to its downtown location and proximity to the pedestrian mall. A preliminary CMP is provided in Exhibit G. The requirement for Pedestrian Amenity was reviewed and approved as a cash-in-lieu payment by the Historic Preservation Commission. Restaurants are a permitted use in the Commercial Core zone district, but the Applicant will need to expand on any anticipated uses within the building. 5) Cleazly show height/elevation changes at second reading. The Applicant will provide additional drawings to address height at the hearing. 6) Provide mitigation information on the development. The land use code allows an applicant to satisfy multiple mitigation requirements (both the residential and commercial components of the project) concurrently when on-site employee housing is provided. Table S shows the required employee mitigation for both the commercial and the residential component of the proposal. Since the Applicant is providing on-site affordable housing units, the Applicant is required to provide employee housing for the residential component only as the proposed commercial component is provided a credit generated by the existing commercial net leasable area. The Applicant's affordable housing will house 5.25 employees. Table 5: Emnlovee Mitigation S '. Ft. Re aired Miti ation Commercial Proposed 10,585 s . ft. 22.98 -2.12 Net Employees Leasable Existing: 12,081 sq. fr. 25.10 Area* New Free Market 6,000 sq. ft. 1,800 sq. ft. 4.5 Residential Atet Livable Employees Area** Notes: *An employee generation credit is provided for the existing project's commercial net leasable azea resulting in less employees generated by the proposed net leasable area compazed to the existing net leasable area. * * Based upon the proposed affordable housing units (Table 2 of the January 28, 2008 staff memo), 5.25 Employees aze housed. 7) How can the City ensure that the property is redeveloped? The City often requires some form of collateral when development occurs, often in the form of a letter of credit or bond. The collateral ensures that the proposed work is completed and this same tool can be used for this project as a condition when issuing a demolition or building permit for this project. 8) Provide a table that shows existing uses, tenants, and square footage compared to the proposed development. The table is provided in Exhibit H of the memo. As proposed, the building will contain 1, 496 sq. ft. less in net leasable area (the obvious loss being the current basement level retail). With the redesign of the building the net leasable area provided on the ground floor will increase by I, 048 sq ft. while the second floor net leasable area will increase by 391 sq. ft. 9) Has the Applicant considered the relocation and return of existing tenants? The Applicant has provided a tenant list and terms of leases in Exhibit I. Of the seven (7) tenants listed, Kemosabe is expected to return after reconstruction (but will close during the interim). 10) What are the major parts to get Leeds Certification LEED (Leadership in Energy and Environmental Design) Certification is a point based system where a projects scored is evaluated in a number of areas and scored for a project total to meet a certain certiftcation level (certified, silver, gold, or platinum). The categories by which a project can gain points are as follows: sustainable sites, water efficiency, energy & atmosphere, materials & resources, indoor environmental quality, and innovation & design process. A total of 69 points can be achieved Exhibit J provides a summary of the LEED points available for new construction. Further information on the scoring system can be reviewed at http://www.usgbc.orQ/ShowFile aspx~DocumentlD=l095 11) Is the parking garage aself-service type and how congested is the alley? The parking garage will be aself-service style garage access. Tim Ware of the parking department did inform staff that the alley is quite busy with use. 12) What is the comparison of energy usage for the existing project to the new project? The applicant has provided an energy analysis of the project as provided in Exhibit K. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. This project provides affordable housing and net leasable space downtown. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Ordinance No. 1, Series of 2008, approving with conditions, subdivision review of the Mountain Plaza Building to construct amixed-use structure on the property known as 434 E. Cooper Avenue." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings (provided in January 28th staff memo) EXHIBIT B -Historic Preservation Commission minutes dated May 9, 2007 (provided in January 28th staff memo) EXHIBIT C - Historic Preservation Resolution No. 20, Series of 2007(provided in January 28th staff memo) EXHIBIT D - Planning and Zoning Commission minutes dated October 2, 2006 (provided in January 28`s staff memo) EXHIBIT E -Planning and Zoning Commission Resolution No.26, Series of 2007(provided in January 28`h staff memo) ExttlslT F- Application (provided in January 28`" staff memo) EXHIBIT G- Preliminary Construction Management Plan EXHIBIT H - Proposed vs. Existing Net Leasable Commercial Space EXHIBIT I - Tenant List EXHIBIT J - LEED for New Construction Checklist EXHIBIT K - Energy Analysis liS"' ~tatt APPLICANT /OWNER: Bert Bidwell Investment Corporation, c/o Mark Bidwell REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC LOCATION: Lots Q, R, and S, Block 89, City and Townsite of Aspen, CO, commonly known as 434 E. Cooper Ave. CURRENT ZONING Bc USE Located in the Commercial Core (CC) zone district containing a two story (above grade) with 12,081 sq. ft. of office/retail Net Leasable Area. PROPOSED LAND USE: The Applicant is requesting to develop a three story (above grade) mixed-use building containing sub-grade pazking, three (3) affordable housing units (containing 2,241 sq. ft. of net Livable Area), three (3) free-market housing units (containing 6,000 sq. ft. of Net Livable Area), and commercial/office uses (containing 10,585 sq, ft. of Net Leasable Area). STAFF RECOMMENDATION: Staff recommends that the City Council approve the subdivision review. SUMMARY: The Applicant requests of the City Council approval of the Subdivision Review. GENERAL BACKGROUND This application was submitted in March of 2006, prior to the passage of the moratorium and therefore not affected by it or the subsequent code amendments. The existing property is located Photo of the subject property in the Commercial Core (CC) zone district. It is also located in the Commercial Core Historic District although not deemed contributing to the period of azchitectural significance of the district. The existing building has been approved for demolition by the Historic Preservation Commission after an application for designation was initiated by the City and subsequently denied. As a proposed building in the Commercial Core Historic District, the Historic Preservation Commission has purview over the design of the building and has granted conceptual approval of the new building. The application was heard by the Planning and Zoning Commission in October of 2007. As a result of the heazings conducted by the Planning and Zoning Commission, Resolution No. 26 (Series of 2006) was passed by a three to one (3-1) vote. The Planning and Zoning Commission's resolution approved three growth management reviews, and made a recommendation of subdivision approval. The Applicant is requesting subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code (see section 26.104.100, Definitions). If the Applicant is interested in creating individual ownership interest in the units, condominiumization must be undertaken. Once construction is nearly completed but prior to issuance of a Certificate of Occupancy, the developer must file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director. This is required to demazcate ownership units within a single building. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the City Council to redevelop the site: • Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). The Planning and Zoning Commission approved the following growth management reviews at the October 2, 2007 public hearing: • Growth Manaeement Review for Exnansion/New Commercial Development in the development of a new mixed-use building pursuant to Land Use Code Section 26.470.080 (1). • Growth Manaeement Review for New Free-Market Residential Units within a Multi- family or Mixed-Use Project in the development of new free-mazket residential units within amixed-use project pursuant to Land Use Code Section 26.470.080 (2). • Growth Manaeement Review for Affordable Housi~ in the development of affordable housing pursuant to Land Use Code Section 26.470.070 (4). PROJECT SUMMARY: The Applicant, Bert Bidwell Investment Corporation, has requested approval to demolish the existing office/retail building located at the corner of Cooper Avenue and Galena Street that is located on a 9,000 square foot lot and redevelop the site with a new mixed-use building containing commercial, affordable housing, and free mazket residential uses. As proposed, the new four story building (some of which is below grade) contains: • A completely sub-grade parking garage. Vehicular access to the property and the garage will be from the alley right-of--way that is adjacent to the north property line of the subject property. The gazage will provide eleven pazking spaces. • The at-grade level contains two (2) commercial/office spaces and a Galena Street entry to the second and third story space. • The second level contains three (3) affordable housing units and commercial/office space. • The third level contains three (3) free-mazket units. Table 1 • Compazison of Proposed vs Required Dimensional Reauirements D ~l Proposed Dimensional Underiyig~ Comm~reial Core ` `' Regnremelst Requirements ' Zoee District Requirements . Minimum Lot 9,000 sq. ft. No requirement Size Minimum Lot 90 Feet No requirement Width Minimum Lot N/A No requirement Area/Dwellin Minimum Front 0 Feet No requirement Yard Setback Minimum 0 Feet No requirement Alternative Front Yard Setback Minimum Side 0 Feet No requirement Yazd Setback Minimum Rear 0 Feet No requirement Yazd Setback Maximum Height 4] Feet 42 Feet 46 Feet for areas setback 15 or more feet from lot lines adjacent to a street ri ht-of-wa Floor Area Ratio 2.61:1 or 1.47:1 or Cumulative Maximum: Commercial: 1.5:1 or (FAR) 23,503 sq. ft. 13,275 s , ft. 3:1 or 27,000 sq. ft. 13,500 .31:1 or Affordable Housing: No 2,835 s . ft. limitation .82:1 or Free-Market: 1:1 or 7,392 s . fr. 9,000 s . ft. Maximum 2,000 sq. ft. 2,000 sq. ft. Residential Unit Size Dimenaionai Proposed pimcasianal Underlying Gtmmercial Care - =~, ..` _. Requir~ee~e>1#a . , Zone District >tteq seta ._- ~ Minimum Off- Street Parking 11 spaces _ Residential Multi-Family: No requirement Commercial: One space per 1,000 net leasable sq. ft. of commercial space or 10.5 s aces. Table 2: Proposed Affordable Housing f~rre~°` 2,000 sq. ft. 2,000 sq. fr. 2,000 sq. fr. 6,000 sq. ft. Table 4: Proposed Commercial Net Leasable Area STAFF COMMENTS: SUBDIVISION: The Applicant is requesting subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. SCHOOL LANDS DEDICATION: Given that the proposed development constitutes a full subdivision review, Land Use Code Section 26.620, School Lands Dedications, requires that the Applicant either dedicate lands for Table 3: Proposed Free Mazket Residential school function or pay acash-in-lieu payment. The Applicant has proposed to pay acash-in-lieu payment pursuant to the fee schedule established in Land Use Code Section 26.620. Staff has included a condition of approval in the proposed ordinance requiring that the Applicant pay the School Lands Dedications fee prior to issuance of a building permit for the proposed building. IMPACT FEES The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site and additional net leasable created, pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The impact fee for this project shall be calculated at the time of building permit submittal. Staff has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee be paid at prior to building permit issuance. REFERRAL AGENCY COMMENTS: Referral departments have reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. Ordinance No. 1 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISION LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel No.2737-182-16-011 WHEREAS, the Community Development Department received an application from the Bert Bidwell Investment Corporation requesting three (3) Growth Management Review approvals and a recommendation of approval for Subdivision to develop a mixed-use building known as the Mountain Plaza Building located at 434 E. Cooper Avenue; and, WHEREAS, prior to applying for the Growth Management Reviews the Applicant received approvals from the Historic Preservation Commission for Conceptual Design Review, View Plane Review, and Commercial Design Review via Resolution No. 20, Series of 2007; and, WHEREAS, Pursuant to Section 26.470.120, staff reviewed the application and assigned a Community Objectives Score which is based upon developing the project at a Leeds Silver level and providing lazger affordable housing units than required; and, WHEREAS, prior to applying for subdivision approval the Applicant received three Growth Management approvals and a recommendation of subdivision approval from the Planning and Zoning Commission for aMixed-Use Building which contains 10,585 sq. ft. of net leasable area, three (3) free-market residential units totaling a Floor Area Ratio of .82:1 or 7,392 sq. fr. and individual net livable area of 2,000 sq. fr. each, and three (3) affordable housing units with a total of 2,241 sq. fr. of net livable area via Resolution No.26, Series of 2007; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision request; and, WHEREAS, during a duly noticed public hearing on March 24, 2008, the City Council opened the heazing, took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, considered the development proposal under the applicable provisions of the Municipal Code as identified herein and adopted Ordinance No. 1, Series of 2008, approving with conditions, the Subdivision application; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves subdivision review for the development of a mixed-use building containing three free-market units totaling a Floor Area Ratio of .82:1 or 7,392 sq. ft., three affordable housing units containing a minimum of 2,241 sq. fr, of net livable area (two Category 2 units and one Category 4 unit), and a commercial component containing a maximum of 10,585 sq. fr. of net leasable azea as shown in the floor plans of Exhibit F of the staff report dated Januazy 29, 2008. Section 2: Plat and Aereement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. The 180 days shall commence upon the granting of Final Design Review approval by the Historic Preservation Commission. The subdivision agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Buildine The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Additionally, as represented in the growth management and subdivision application dated August 15, 2007, the Applicant will attain, at a minimum, a LEED Silver Certification by issuance of the Certificate of Occupancy. _Section 4: Engineerine The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A Stormwater System development fee shall be assessed at the time of redevelopment. The construction management plan required as part of building permit application is a critical component of this redevelopment project as it is located adjacent to a pedestrian mall and public impacts shall be minimized. Regrading of the pedestrian mall may be necessary to achieve accessible access. Above ground utilities shall be located on the site and not within the public right-of--way. Section 5: Affordable Housiu¢ A. The affordable housing requirements of the project shall be met with provision of three units. The Applicant shall provide cone-bedroom, Category 2, 701 square feet unit; a studio, Category 2, 530 square feet unit; and atwo-bedroom, Category 4, 1,010 squaze feet unit as represented in their application. B. Rental units aze allowed with the following conditions: 1) The units will be deed-restricted as Category 2 for the studio and one-bedroom units and Category 4 for the two-bedroom unit. 2) The deed-restriction will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems one of the units out of compliance over a period of more than one yeaz. If any of the units aze found to be out of compliance for one yeaz, or the owner elects to sell the units, all of the units would be listed for sale with the Housing Office as specified in the deed restriction at Category 2 for the studio and one- bedroom units and Category 4 for the two-bedroom unit maximum sales prices, based on the sales price stated in the Guidelines in effect at the time of recordation of the deed restriction, appreciated as stated in the deed restriction (3% or the Consumer Price Index, whichever is less), as of the date of the listing of the units. 3) Rental of the units shall be open to all qualified employees in Aspen and Pitkin County and shall not be tied to employment; however, the owner(s) of the commercial or free-market residential units may still choose qualified renters and the tenants may still be employed by the commercial component. The HOA may maintain ownership of the units. 4) The governing documents of the development shall be drafted to reflect the potential for the rental units to become ownership units; i.e., the Protective Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-mazket/deed-restricted project, the assessments shall be determined based on the price values of the free-mazket component compazed to the deed-restricted component. This language shall be required in the Covenants associated with the project. No changes to this restriction shall be allowed without the APCHA's approval. 5) As long as the units remain as rental units, APCHA or the applicant shall structure a deed restriction for the employee housing units only such that an undivided 1/l0a' of 1 percent interest in the ownership of each of the employee units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 6) Language shall be provided in the Protective Covenants covering the units' assessments upon the units becoming "for sale" units. The assessments shall be based on the value of the free-mazket units compazed to the deed-restricted units. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting privilege as the free-mazket residential units upon the units becoming "for sale" units. No changes to this restriction aze allowed without APCHA's approval. 7) The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. Section 6: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and specified prior to building permit. Oil and sand separators aze required for the parking garage. Driveway entrance drains shall drain to drywells and elevator shaft drains must flow through o/s interceptor. Old service lines must be excavated and properly abandoned, to the extent required by the district. Below grade development may require installation of a pumping system. One tap is allowed; however shared service line agreements may be required. Where additional development produces flows that negatively impact the planned reserve capacity of the existing collection and treatment system, fees will be assessed. Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be awaze of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 10: Exterior LiEbtine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. J¢CTlon 11: JCh001 Lands 1)edleatlon and Impact Nees The Applicant shall pay the Park Development impact fee and the School Lands Dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Parks A. A formal vegetation protection plan shall be required with building permit application. Tree Removal Permit is required for the removal of the Crabapple street trees. B. Excavation of materials, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic associated with construction is prohibited on Cooper Ave Mall, unless permitted under condition "E" within this section.. C. Utility connections located within the mall shall be coordinated and designed in a manner that does not encroach into the tree protection zones or disturb the surface of the mall. If a utility is located within the mall, it must be direct bore minimizing surface disturbance to the location of abandonment and new taps. Water taps and abandonments will not be approved within designated tree protection zones; no traditional excavation will be allowed in the mall for water or electric connections. D. If temporary construction access to the site is requested on Cooper Avenue Mall, a ROW permit is required for approval. Access will only be granted during the off season; all work within the Mall has to be done and completed during these times: Spring: March 16th till June ls' /Fall: Sept 15'h till Dec 1 s'. E. Damage to mall brick or mall amenities will be the responsibility of the developer, replacement of brick will be done to COA standards and require the developer to use the City's contractor for mall brick replacement. F. New landscaping in the right of way located on Galena Street will be done to the Landscaping in the Right of Way standards. Pazks is recommending Summit Ash, a species of Green Ash, planted on 20-foot centers throughout the entire strip. All trees will be planted with irrigation and a planting strip shall be installed using structural soils. The developer shall meet with the Parks Department to design the appropriate planting trench an spacing of the trees. Section 13: Vested Rieltts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 26, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundazies of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 434 E. Cooper Ave., City and Townsite of Aspen, CO, by Ordinance No. _ Series of 2008, of the Aspen City Council. Section 14: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 15: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 16: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 17: A public hearing on this ordinance shall be held on the 24r' day of Mazch, 2008, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28s' day of January, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney MOUNTAIN PLAZA BUILDING PRELIMINARY CONSTRUCTION MANAGEMENT PLAN MARCH 10, 2008 Prepazed by: Hansen Construction, Inc. 970.920.1558 TABLE OF CONTENTS 2.0 PROJECT INTRODUCTION 2.1 DISTURBANCE AREA 2.2 LOCATION 2.3 DESCRIPTION 3.0 PROJECT DOCUMENTATION 3.1 PERMITS 3.2 PUBLIC NOTIFICATION 3.3 PROJECT SIGN 3.4 CONTACT DESIGNATION 4.0 PROJECT IMPLEMENATION 4.1 DATES OF CONSTRUCTION 4.2 HOURS OF CONSTRUCTION 4.3 SEQUENCE (PHASING) OF CONSTRUCTION 4.4 ADJOMING PROPERTY OWNERS 4.5 PROJECT FENCING 4.6 PUBLIC HEALTH AND WELFARE 4.7 NATURAL ENVIRONMENT 5.0 PARKING MANAGEMENT 5.1 PARKING MANGEMENT FORM 5.2 EMERGENCY VEHICLE ACCESS AND ORDINANCE 35 5.3 CONSTRUCTION PARKING DETAILS 5.4 STAGING AREAS 5.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT 6.0 TRAFFIC CONTROL 6.1 GENERAL 6.2 HAUL ROUTES 6.3 ONSITE VEHICLE LIMITATIONS 6.4 DELIVERY REQUIREMENTS 6.5 TRAFFIC CONTROL PLAN 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL 8.0 SEDIMENT AND EROSION CONTROL 8.1 REQUIREMENTS 2 9.0 FUGITIVE DUST CONTROL 9.I FUGITIVE DUST CONTROL PLAN 9.2 REQUIREMENTS 10.0 EMISSIONS 10.1 GENERAL 10.2 EMISSIONS FROM DIESEL POWERED ENGINES 11.0 NOISE SUPRESSION 11.1 GENERAL 11.2 NOISE SUPPRESSION PLAN APPENDICES A -Required Project Sign B -Parking Management Form C -Haul Route Map D-Noise Suppression Plan, Techniques and Equipment 2.0 PROJECT LOCATION 2.1 DISTURBANCE AREA Project involves demolition of the existing Mountain Plaza Building located at the comer of Cooper and Galena The lot area and building footprint are one and [he same, 9,022 square feet. 2.2 LOCATION See attached project vicinity map. 2.3 DESCRIPTION The project includes demolition of [he existing Mountain Plaza Building which is 11,825 gross square feet and construction of a new building totaling 20,438 gross square feet. The new building will have one level of parking below grade and three levels of commercial and residential space above grade. The new building will be constructed of concrete below grade and steel, concrete, drywall and brick above grade. New utility services will be connected to the building including replacement of the existing water and sewer service lines. 3.0 PROJECT DOCUMENTATION 3.1 PERMITS The project is still in the land use approval phase. Upon issuance, copies of all applicable local, state and federal licenses and permits will be maintained at [he project site office. Applicable permits will be listed and described in [his CMP, and copies of [he documents will be attached hereto. 3.2 PUBLIC NOTIFICATION A project update shall be provided to the public on a basis no less than monthly, via websi[e, newspaper, on-site notices, or other accepted means of notification (per request of the City of Aspen). The first public notification shall occur no later than 10 days prior to wnstmc[ion. The update shall include a description of the current project phase, list any traffic and/or pedestrian concerns, and describe hauling/staging operations. The above notification shall specifically be distributed to neighbors located within 300 feet of the project properly. The Plan shall designate a project representative, date, and time for a required preconstruction meeting. The purpose of the meeting is to discuss [he project and summarize [he project specific Construction Management Plan. The contractor and subcontractors are required to attend the meeting. Utility personnel, applicable City departments, [he Roaring Fork Transit Authority, neighboring property owners, and the Aspen School District shall also be notified. 3.3 PROJECT SIGN A project sign shall be constructed and posted [hat includes [he items shown in Appendix A: Required Construction Sign. The sign shall be posted in a location where it is readable from the street or driveway and shall meet criteria in City Municipal Code 26.510.03084. 3.4 CONTACT DESIGNATION Owner: Mark Bidwell Site Supervisor: Randy Jacobsen -319-9601 Safety Officer: TBD Traffic Control Officer: TBD Erosion Control Representative: Randy Jacobsen - 319.9601 City of Aspen Community Development: 920-5090 Fire Department: Emergency-911; Fire Marshal-925-2690 Police Department: Emergency-911; Non-emergency-920-5400 Roaring Fork Transit Authority: 920-1905 School District: 925-3760 Aspen Electric Department: 920-5148 Aspen Water Department 920-5110 Aspen Sanitation District: 925-3601 Source Gas: 800-563-0012 Aspen Valley Hospital: 925-I 120 Emergency: 911 4.0 PROJECT IMPLEMENTATION 4.1 DATES OF CONSTRUCTION Work on [he project is tentatively scheduled to begin on April 2Q 2009 depending on availability of permits. Estimated duration of construction is three years. (See attached construction schedule) 4.2 HOURS OF CONSTRUCTION Construction hours shall be limited to lam -Spm Monday through Friday and gam - Spm on Saturday. No construction is permitted on Sundays, federally designated holidays, during Food & Wine Festival, and a three day weekend of Fourth of July (when the holiday falls adjacent [o a Saturday or Sunday). All activity that generates noise in excess of 80 decibels requires a noise suppression plan and is restricted to operating between the hours of gam and Spm Monday through Friday. 4.3 SEQUENCE (PHASMG) OF CONSTRUCTION (See attached construction schedule) 4.4 ADJOINING PROPERTIES Adjoining private property and public right-of way will be supported and protected from any damage that might result from construction operations. The excavation will be supported by reusing the existing concrete foundation walls to the greatest extent possible as well as the use of engineered excavation shoring systems as necessary. Public right-of-way will be protected with temporary bazricades and walkways. 4.5 PROJECT BARRICADE The public right-of--way surrounding the construction site will be protected by a combination ofnon-removable construction barricades and fencing of a design to be approved by the Engineering Department. All barricades and fencing shall be a minimum of six feet (6~ in height. 4.6 PUBLIC HEALTH AND WELFARE Our intent is to provide the utmost respect [o public health and welfare and that will be reflected in prepared Plan. 4.7 NATURAL ENVIRONMENT We will request permission to remove and replace [he street trees along Galena. This will allow construction of a safe and accessible covered walkway along the public right-of--way. Trees in the mall will be pruned back as necessary to protect them from construction activities. Every reasonable effort will be taken [o minimize harm [o the City of Aspen's natural environment. All tree and namral resource protection measures will be identified in [he Plan and put in place prior [o the commencement of any construction or demolition activities. Tree protection and removal will be done in accordance with section 13.20.0206 of the Municipal Code. (See attached plan For tree protection fence location and accurate tree drip lines.) 5.0 PARKING MANAGEMENT 5.1 PARKING MANAGEMENT FORM (See attached Parking Management Form) 5.2 EMERGENCY VEHICLE ACCESS AND ORDINANCE 35 Continuous emergency vehicle access for police, fire, and ambulance services will be maintained. (See attached Emergency Access Plan) 5.3 CONSTRUCTION PARKEJG DETAILS All workers will be encouraged to use public transportation and [o carpool. ContraMOr will be providing shuttle van service from [he Brush Creek Intercept Lot. 5.4 STAGING AREAS Staging will occur within the building footprint as much as possible. The below grade parking area will be used to a lazge extent for storage and material handling. A tower crane will be provided so [hat materials can be quickly offioaded and lifted in to place. Activities [he necessitate loading or offloading in the public right-of--way will be concentrated in [he off season to minimize impact on [he public. Estimated Truckloads and Timing of Work: Deconstruction Soil Hauling Precast Concrete Foundation Structural Steel Concrete Floors Right-of--Way encroachments will be used as a last resort and in when ROW encroachments are necessary proper permits will be obtained from [he City Engineering Department. S.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT Construction office, job materials storage, portable restrooms, waste management and recycling container locations are indicated on the project site plan. Construction material recycling containers will be located in [he parking level and brought up to the alley via the car elevator. Per Aspen code, any dumpster or other trash receptacle used for food refuse will be wnstructed in such a manner as to render it bear proof. 6.0 TRAFFIC CONTROL 6.1 GENERAL All traffic control operations shall be managed by the designated certified traffic control supervisor. 6.2 HAUL ROUTES (See attached Haul Route Map -Appendix C) 6.3 ONSITE VEHICLE LIMITATIONS On site vehicle heights and weights will be limited to the capacity of the car elevator. Generally, vehicles will be limited to 8,000 pounds, 9' width, 6'6" height and approximately 16' in length. 6.4 DELIVERY REQUIREMENTS When the size of delivery trucks will impact traffic a traffic control will be submitted to and coordinated with the Engineering Department. Deliveries will be coordinated so that only one delivery vehicle will on site a[ any given time. Deliveries will be scheduled before I Oam to the greatest extent possible. Delivery vehicles and all other onsite vehicles will not be allowed [o idle for more than five (5) minutes, with the exception of genem[ors or PTO type operations. Project subcontractor and suppliers will be provided with written notification of Aspen's vehicle idling regulations as follows: Section 13.08.110 Engine Idling. (a) Except as hereinafter provided, it shall be unlawful for any person to itlle or permit the idling of the motor of any stationary motor vehicle for a prolonged or unreasonable period of time determined herein to be five (5) minutes or more within any one (1) hour period of time. (b) This section shall not apply when an engine must be operated in the idle mode for safety reasons including, but not limited to, the operation of cranes and fork lifts used in the construction industry. (c) The time required by a diesel powered motor vehicle with a gross weight rating of ten thousand (10,000) pounds or more while operating in a stationary position to achieve a temperature of one hundred twenty (120) degrees Fahrenheit and an air pressure of one hundred (100) pounds per square inch, shall nol be inGuded in the computation of the five (5) minutes determined herein to be a prolonged or unreasonable pedod of time. The temperature and air pressure as intlicated on the vehicle's gauges may be used for determining the diesel engine's temperature antl air pressure. (d) The time during which Vansportalion vehicles are actively loading or tlischarging passengers shall not be inGuded in the computation of the fve (5) minutes determined herein to be a prolonged or unreasonable period of time. A transportation vehicle shall be defined for purposes of this section to mean motor vehices designed to transport a minimum of sixteen (16) persons. (Ord. No 74-1992, § 1: Code 1971, § 11-2.70) 6.5 TRAFFIC CONTROL PLAN A preliminary Traffic Control Plan (TCP) will be submitted as part of the Construction Management. The TCP will be prepared by a State Certified Traffic Control Supervisor and will conform [o the most current edition of the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD). 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL Construction walkways will be designed and built [o comply with pedestrian safety requirements per City code 21.04.060, MUTCD Chapter 6D, the Americans with Disability Act, and IBC Chapter 33. 8.0 SEDIMENT AND EROSION CONTROL 8.1 REQUIREMENTS A Storm Water Pollution Prevention Plan will not be required for this project as it is under [he statutory threshold of one acre of soil disturbance. Storm water management on this site should not present any problem. Excavation is very limited and confined to a short period of time. There will be no soil stock piles and no opportunity for trucks to track mud on to the street. If any of the adjacent storm inlets or gutters is exposed to dirt or debris from constructions operations, erosion sediment control measures will be implemented as necessary. 9.0 FUGITIVE DUST CONTROL 9.1 FUGITIVE DUST CONTROL PLAN We will wordinate with the City of Aspen Environmental Health Department to determine if they think that a fugitive dust plan is warranted for this project. If so we will submit a fugitive dust control plan and file an application for a fugitive dust permit with the Colorado Department of Public Health and Environment. 9.2 REQUIREMENTS If required, [he fugitive dust plan will demonstrate that discharge of dust from the construction site will not occur, or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours, and during various phases of construction. The plan shall include the name and [he 24 hour phone number of a responsible party. The primary means for controlling dust will be to wet down the dust emitting source three times a day under dry conditions or as directed by [he City Construction Mitigation Officer. 10.0 EMISSIONS 10.1 GENERAL All vehicles and equipment used on site will be properly maintained such that the engines will function within manufacture's standards or parameters. 10.2 EMISSIONS FROM DIESEL POWERED ENGINES Emissions from diesel engines operated within the City of Aspen shall be of a shade or density no darker than 40% opacity, except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10 seconds. 11.0 NOISE SUPRESSION 1L1 GENERAL The noise limit for construction is 80 decibels measured at the property line of the construction site. 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'c m ~ m J m ¢ > ~ ~ O W W LL d W (n ¢ U LL ~ O W ~ d U ¢ LL fn J N LL ~ K O' Appendix A -Required Project Sign MOUNTAIN PLAZA BUILDING BUILDING PERMIT #0001.2009.ACBK GENERAL CONTRACTOR: HANSEN CONSTRUCTION, INC. CONTACT: STEVE HANSEN (970) 920-1558 24 HOUR EMERGENCY CONTACT #: (970)544-9006 Appendix B -Parking Management Form ___ ___ .CITY OF ASPEN CONSTRUCTION STAGING AREA, PARKING AND EMERGENCY VEhIICLE ACCESS MANAGEMENT FORM Tre Cm or 4srw - - . The City of Aspen regain=s all construction and remodeling project to submit of a job site plan describing the job location, consVuction staging area(s), number of construction related vehicles and plans b allow and ensure proper emergency vehicle access. The construcfion project may be issued the use of specific parking areas for the expected duration of the project for a fee. PLEP.SE PRLNT LEGIBLY Construction Site Address: __93q E. CoDnER, AI/E Contractor: NANSEN CorL2dc- M. /NC Primary Contact: STEI/E HA,ySE'.~-1 Phone Number. 92G- ISSF, Secondary Contact: J EQRY C+41/AiER-( Phone Number. 920-1 SS8 'rovde one copy of a job site plan showir.~g the following informaticn 1. Location for all job site related vehicles, including number and exact location of requested street parking spaces. 2. Location for materials storage, construction equipment and /or any other staging issues. 3. Emergency access route a0ovring emergency vehk:le access to the structure(s) REQUESTED ~ (as ind~caied on job site plan) #of Street Parking Spaces (~~ F! /E Other Parking Area(s) Begin Cate: ~/ S ~~ 09 Completion Date: 4I,../S~! 2. All construction staging and consUuction parking shall be confined to the areas defined in an approved plan for the job sits. Workers shall be encouraged to carpool. Emergency access, as described in the approved plan for the lob site, shah at no time be bbcked. ATTENTION Construction related vehicles aze excluded from the signed 2•Hour Free Parking areas in Aspen's residential parking zones, Construction related vehicles will only be considered in compliance if parked in the leased construction parking spaces/area(s) or displaying a valid street permit. All other vehicle will be considered in violation. Fees areas follow: IN-Core $Zglspace per day; IN-Core Residential or Outside of Core $5lspace per day FOR OFFICE USE ONLY Paid ~ Street Spaces x Rate x Days =Fee Fxp. Date Notes: Approved Date .__ Appendix C -Haul Route Map Appendix D -Noise Suppression Plan City of Aspen Construction Noise Suppression Pian As the General Contractor for this construction project, I ~cRRy Q/,4 c,~ I hereby agree to the following restrictions and will provide the necessary noise suppression (outlined beiew}, such that it will lesson the impact io the properties within 300 feet of the project located ai 434 . E S~9PFJL .9v~ I understand that if any construction activities exceed 80 decibels an are not covered by this document 1 will contact the City of Aspen Environmental Huth Dep~r rx rt to design a specific noise suppression plan for those activities. Print name Contact Phone # ~,97d~ 920 -l 55g Many activities on construction sites are noisy. Although some noise may be unavoidable, it can often be controlled using improved work practices. Builders should make a(i reasonable efforts to minimize noise. Noise Suppression plans are required for all construction protects where activities will generate noise that exceeds 80 decibels. Section 18.04.050(A)(2)(d) Hours of operation Ali construction activity is limited to the following days and times: Monday thru Frfday Saturday Sunday 7:00 am to 5:00 pm 9:00 am to 5:00 pm No construction work is allowed Constructions activities producing noise greater than 80 decibels are limited to the following days and times: Monday tfrru Friday 4:OOamto5:00pm Work that is over 80 decibels which by law requires a noise suppression plan witl not be allowed for Saturdav work that includes but not limited to the use of compressors, generators, jackhammers, power equipment, nail guns, drilling machinery, earth moving equipment and similar loud construction activfties. This does not restrict quiet work inside and outside that does not reeuire a Dower source: including a battery on Saturdav. Construction activity is not allowed during ail federal holidays. Due to the conges#ion in Aspen when town is completely full,. noise suppression plans will net be approved for the following dates: Christmas Week (December 25 through Jan. 1), Food and Wine Week in June (Friday thru Sunday}, 4~' of July day and/or weekendrf it fads on a Friday or Monday, and Labor Day weekend. Specific noise suppression requirements for all activities exceeding 80 decibels at a construction site include: Notify neighbors within fwo hundred fifty (300) feet of the project informing them of the kinds of equipment, expected noise levels and durations of loud work. Including the variation of noise levels during a typical cohstruction days may be helpful. Such notification must be in writing and be done seven (7) days prior to the starting time of the project. Communication with neighbors can prevent complaints from arising, and resolve concerns before there is a problem. Provide a phone number where the foreman can be reached prior to the start of the job. 2. Operate equipment in accordance with manufacturer's specifications and with all standard manufacturers' mufflers and noise-reducing equipment in use and in properly operating condition. 3. Post notices to inform workers, including sub-contractors, about the basic noise requirements, as well as specific noise restrictions, to the project. 4. Install noise barriers around all equipment/activities specified in Table 1: TYPICAL CONSTRUCTION EQUIPMENT REQUIRING NOISE SUPPRESSION. Noise barriers not only significantly reduce construction noise, but they also provide an extra benefd of "hiding" the noise producing sources, thus increasing a neighbor's tolerance. (See also the attached list of noise blocking methods for details on approved noise barciers.) 5. Move portable loud equipment including generators, compressors, and cement mixers to different sides of the property to reduce impacts on individual neighbors. What can you do about construction noise? • The use of radios on the site before 8:00 am are not allowed: remind laborers and sub- contractors. • Noise suppression plans will not allow noisy machines such as brick cutters or jackhammers to be operated before 9.00 am. • Noisy equipment such as cement mixers should be placed on the site to maximize the distance from neighboring houses and/or rotate location so as to not impact just one neighbor. Noisy levels drop quickly with distance from the source. • AN equipment should be properly maintained, with special attention to mufflers and other noise control devices. • Between work periods, builders are required by city ordinance to shut down machines such as backhoes, bobcats, loaders and generatars. • When dropping materials from aheight-for example, into or out of a truck, or when loading or unloading scaffolding, noise suppression plans require a chute or side baffles. • All vehicular movements to and from the sfte must only be made during the scheduled normal working hours. This includes off-site noise that is associated with a specific project such as staging of concrete trucks. Revised 9'27107 Arn--rv..;;r_. r. .i n~~.f tiuv. M.+±: v4.. wl ..~.. i.::.: ... -:+.::wvw TABLE l :NOISE CONSTRUCTION EQUIPMENT REQUIRING NOISE SUPPRESSION PLANS --- Equipment Category ~ l Auger Drill Rig Backhoe Chain Saw Clam Shovel Compressor (air) ~~i Concrete Mixer Concrete Pump ~I _ Concrete Saw -~ Crane (mobile or stationary) Dozer Drill Rig -, ---- __ Excavator ___ Front End Loader _ Generator (more than 25 KVA) Gradall ~- Grader Horizontal Hydraulic Boring Jack ~ Impact Pile Driver (diesel or drop) Impact Wrench Jackhammer* Mounted Impact Hammer (hoe ram) _ Paver _~ Pneumatic Tools 1 Rock Drill Scraper 1------_ Scarifier -~ Slurry Machine _ Vibratory Pile Driver Revised 9127/07 . -Y~r...:ul..U.~~xnwhlf~s Ax. ~.tV~:: 4'~a}.r. .~4~ rvx..'..:r..e ~+NM.. ofKYN~4FAn..aY n~-ri yi~:+e. nl. La-~-.~.'.:r[.w ..n4n~:w.'~.~ r./~::.1~+~aA+-wh~+IM~f M~Y~-41wV wna+w.:;~M:r~ u~:.ni.~uFn~tiW.MUesr :Itll'_:± Noise Blocking Methods Contractors shall require a@ subcontractors and vendors to use: • Quieter vs. Louder equipment • `72esidentiat" grade combustion engine exhaust silencers • Electrical vs. pneumatic hand power tools: All pneumatic toots operated in the City of Aspen must be titted with an effective silencer nn their air exhaust port. • Hydraulic vs. air powered rock drills • "Silenced" pile drivers vs. Diesel pile drivers In general, noise reduction equipment and materials may include, but not be limited to: 1. Shields, shrouds, or intake and exhaust muffers. 2. Noise-deadening material to line hoppers, conveyor transfer points, storage bins, or chutes. 3. Noise barriers using materials consistent with the Temporary Noise Barrier Materials Section. 4. Noise curtains 5. Plywood with concrete blankets at the height of the equipment and that it surrounds the activity such that it directs noise up more than out from the property. 6. Portable three sided enclosures made out of pl}tivood to move with the activity such as jack hammering. 7. Internal combustion engines are to be fit*.ed with a suitable mufIler in good repair. Specific Equipment: Ceenerators: The local power grid shall be used wherever feasible to limit generator noise. No generators larger than 25 KVA shall be used and, where a generator is necessary, it shall have maximum noise muffling capability. Backup Alarms: Al] equipment with backup alarms operated by the Contractor, vendors, suppliers, and subcontractors on the construction site shall be equipped with either audible self-adjusting ambient-sensitive backup alarms or manually- adjustable alarms. The ambient-sensitive alarms shall automatically adjust to a maximum. of 5 dBA over the surrounding background noise levels. The manually-adjustable alarms shall be set at the IowesC setting required to be audible above the surrouuding noise. Installation and use of the alarms shall be consistent with the gerformance requirements of the current revisions of Society of Automotive Engineering (SAE) J494, J1446, and OSHA regulations. Compressors: T1~e unit with the lowest noise rating which meets the requirements of the job should be used where work is conducted in the City of Aspen, installed with mufflers and'or enclosed in a noise ban-ier. Revised 9127/07 Mme: r...Ma.:~~,N.-. :~.. ~'t ... r. r..~:-". V.u A~ro-l. :~. r:.a . n.. .~. x.'a x:.-n v~.w¢i:~.fir .... ..-..:..:'. .:..aw:~r:e'euwx.::x;.:~ Jackhammez: All jackhammers and pavement breakers used on the construction site shall have exhaust systems and mufflers that have been recommended by the manufacturer as having tha lowest associated noise anal shall be enclosed with shields or acoustical. barrier encosures. Concrete crushers or pavement saws: Pze-augur pile holes to reduce the duration of impact or vibratory pile driving and tie to local power grid. to reduce the use of generators and shall be enclosed with shields or acoustical barrier enclosures. Pneumatic hand power tools: All pneumatic tools operated in the City of Aspen must be fitted with an effective silencer on their air exhaust port. Temporary Noise Barrier 11•Iaterials: Temporary barriers shall be constructed of 3/4-inch Medium Density Overlay (bRDO) plywood sheeting, or other material of equivalent utility and appearance having a surface weight of 2 pounds per square foot or greater. The temporary barriers shalt be lined on one side with glass fiber, mineral wool, or other similar noise curtain type noise-absorbing material at least 2-inches. The materials used for temporary barriers shalt. be sufficient to last through the duration of the construction project, and shall be maintained in good repair. Prefabricated acoustic bamers aze available from various vendors. An equivalent banter design can be submitted in lieu of the plywood barrier described above. Impact Equipment: Impact noise is noise produced from impact or devices with discernible separation in sound pzessure maxima. Fxantples for impact equipment include, but are not limited to; blasting, chisel drops, mounted impact hammers (hoe ram), and impact pile drivers. Impact equipment is the loudest and most intrusive to the neighboring property. The Cit}• of Aspeu requires that this type activity have the strictest mitigation requirements and requires a customized noise suppression plan specific to the site. General contractors must contact the City of Aspen. Environmental Health Department for an application at 970-920-5039. noise Control • Replace wom, loose, or unbalanced machine parts that cause vibrarion. • Keep machine parts we111ubricated to reduce friction. • Acoustical enclosures and baaiets azonnd generators • Sound absorbing material and vibration isolation systems on hand tools • Quiet work practices -use rubber mallets to erect and dismantle formwork. Revised 9/2 i/07 Noise Controls for Constrnetion Equipment (Schneider et al., 1995) EEquipment ;fNoise Controls ile Driver ~ - {Enclosure, muffler ` . tone saw cutting - -- - ~ise control pad with water - andheld impact drills -- eduction of reflected sound . .._ __ _ Circulaz saw blades _ r S° tooth angle, new tooth configuration, slotted saw blades, ~viscoelastic damping i eumatic tools ~vluffler .... . a~ ement breaker/ Rock , uffler, enclosure of cylinder case and front head moil damping ~'ortable air compressor uifler, acoustic enclosures ulldozer ~ ultdozer Cab-liner material, enclosure, sound absorption is canopy, ~ealin; of all openings Nd-heeled loader bsorption of sound: cooling air route ~~ (Vibratory roller _ exible mounting for pump compartment _. _. _. oint Cutter ti-vibration mounting fixtures Revised 9/27/07 _. ~+,.a.wa«~a~+r-,..v.~..av...s~oM,FS.w.w..wwzx~w+u~,our..:wrcc?w,~v._„ue,.s,,.:,.,awuaw ~w,.+..-ues:.~....~.:..~~.n.wsn.er,.;~„an:uauw,~w.a,isa~~.m.~...., ».w,-rv., w..,wwµe,oi:~;.«~ss:..rs.~:.;x+ti~.w.+~~. i..r.:,«:.. ORDINANCE N0.35 {SERIES OF 2002} AN EMERGENCY ORDINANCE OF THE C.Ci'Y COTIlyCIL 07? TH1E CITY OF ASPEN, COLORADO, TO A1V)!,ENII S$CTIOIY iL04 OF T$E'£dUNICIPAL CODE OR THS CTI'Y O)3; ASPEN ~ FIRE ~EP&NTION :4ND ~PROTECTTQN AND TO AMEND SECTION 24.Ib'O'F THE MUNICIPAL CODE OR' TBE CTi'Y OF Ab"'PEN- RESIDEN~TAL i'rtltK'IIdG P&R14XIT B'~':4T~ivI$OR TAE PURPOSE OF ,Il-SPLEMENTIPIG NEW REGULATIONS EN5II;itIl+1G 'Y'HESAFETY OR Ct}NSTRUCTION STCSS. WHEREAS;'the City Couaail of the City of Aspen directed the Cozmnimity Developmn! .Darectnr avd the Clnaf $ur7diag Ofiioial of the Cammwity Development . Department to propo~. a~ndmests to the Municipal. Code to improve fire protection fur cnnsh~uction sites and improve Y access sad parking fnr construction sates; and, WHEREAS, ttie armndm~ requested relate to Sectiorx '11:04.030, Fire Preveutioa sad Pzoteotion - Amendment, and to Section 24.16, Rasideatiai Parking ' _ Pemrit fiystem, ofthe AspeuMuaicipal Cock, and, VS~REAS, putsumrt tb'Section 1.04.(}60,~aa~ndnoarits to the Mnrriciaal Code stay be appmvad.by City Council 6y adAptioa ofaa Ordinance: and, . WHEREAS,. the C}£ef 13trIldmg OSaal; the Coaunuaity Development Director, and the Aspen Fns Marshal r'ecarraaend adoption o£die amendments, as descn'bed hereie, . to the afore mentioned sections Lar flu purpose of pmtecting'tJx public health, welfare, and safoty; and, ,WHE'R'EAS. City Cora~1 reviewed and oonsidezed the recommendatians of the C?ri~af Buiiding.Otfiefa], the Community Development Directory the Aspen Fue ivlazshal, and n~mbeis oftFie pub]iC a»rmg s duly nc6oed pabfic heaox~ end, WHEREAS, the City Councr3 finds that the tents, as herana8er descxflxd, rtre~ or exceed all appTwebla ids and that rho approbal, is consistata wlf6 the goals and elks ofth~ Aspen Area Cummirpify Plan; and; R'AEREeL3, ilia City CouaaY finds flat tins Oc3~nce furthers and ie necessary far fire proarotioa of public irtaltl4 safety, and welieie and shoirki be adopted as an P~rgaacy O pinsoant to Stctioa 4.11 ofthe L"a3' Charter.. . NOW; THE'RILFUR~E, BF IT ORDAINED BY THE'CITX Ct3UNCII. OF THE CITY: OF ASYFdK, COLORADO, THAT: ' action Sacttion 24.16 of the Municipal. Code of the CSty of Aspen, Coiorado, whielr section defnms, devcrt'bes, authorizes; and'regulatas the on-street parking permit program within tIx City ofAspon slmll hetebybe amended bynddmg a section related tG requaretaaz4s foz ~nstructrbn staging areas, construction parlang areas, sad emezgetsy access auras for cotrsknc6on sates within the CAS' of Aspen which said suction shall read as follows: Ordinsaceldo. 3S, Series of2002 Psgal' 24.16.24.0 Conskvction Staging Area, Parking, and Eme: gency Vehicle Access Managemenf Play To enema proper pub&c 'hcaitb, wo]fare, and safety, the City of Aspen requztas approval of job site plans describing construction stagittg area(s), lat~tion and number of caristruction-related vehicles, and ensutirig proper en~rgeacy vekicie access for construction project witLin the City of Aspen. These pleas are zequired for ail residential coztstructaon or remodeliug'of 1,500 square feet, ox mote, for any construction or rcmode}ing involving multi-family buadings (three br more ltttits), or foz anq construDtion or remodeling involving coaanercie] butTdings. AIl other 0onstrrutian activity shall be considered ea:empt from These provisions. TLe cansmr.^tion project shalt be issued street park:ipg Permits far the expected duration 0f tho'project for a fee. Parking pernits issued, pursuant to an approv©d _ ' Cgnstructioa Staging Area, Parking, and Etrergcncy Vehicle Access Ma»agemern PFan, sLaII permit ,the all-day on-street parlt~g of construction relatsd vehicles witLia the specified aoastcuction parking area for the duxstiori of the construction project. Const~trction vehicles paxlced outside bf tiro approved area or aHer the specked construction duratidn shall be considered in violation. The QKef $uildmg OiHcial shalt requse submission cf a Construction Staging Area, Parking, and E~ergency Vehicle Adcese Managemerrt Plan with subrmssion of btn7ding permit doevmrnts. A Lur~3m' g parinit shall not be issue4 wtit'sucL plan has bees reviewed and approved by the Chief ButTding' Official All construction staging and eonslrvetioa pazlang shall lp confined to the areas' dcfiQed in the eppzovod plan for 'the job sift. Workers s5a11 be encouraged to . carpool Emergency access, as desonbed' in the approved plan for tLe job site; shzIl ax ao time bo blocked. A stop vaork order Wray be issued upon non•' CDInpllanC.e. ~g~3on 2; Secton 11.04.030 of the Mmticrpal Code of tLe Czty of Aspen, Colorado, which Section deferus, descrrbes,' end antLGrizes t1w, regplations for fire prevevtiicn arsi protection ~h5tldn tfic Csy of Aspen shat! hezelry'lx aure~Ied lry adding a section related to requirements for oorts#ruotion projects witL'm flit City of Aspen and the ase ofteurpormy Leafing systems vrldch said section shaIl'read es follows: (l')i The foliowirtg sLell be added to Section 8243.2.1.2: ' To ensure proper public health, welfare, and safety, the ,City of Aspen regnsas any corsvfruction site using fuels to generate temporary Le'at~ for the propose of conditiorring space during the process of cortstrtrcficn shall be equipped with: _ I .. $lgnaTmg devises capable of deteotinq i3angerons levels of lrea; and/or smoke and capa'bta of noEifyLxg a qualified party witls responsibility to "' mm~ltor tlx: site acid respond to the aIanir and take appropriate actions; Ordinance 110, 35, Series of 2002 Page 2 I'w:t~f§:: Yi'-i~m14+r F44'wrt!f'4unc r.N'.1..'ifWfMY9~x§.NWfWM'AIx~~S.r.....r~..'GMI.A'.Y.4r'w+fY'Iwa§.+x:lF+...~..;:.~. LLM~wn..~. urMrFYwr.4uYW rWh: •ckr;,:.'M1 na+...u4(Wwr.NW...nnn 4:.l'V:.~w'I.4c fq+T :FiV.~ 2. Ae an altemafe, an'aPProved ftre watcli plan and scbednle may be snbstitutad for tau alarmraquiremctff; 3. 'As°sociated supply lines shall be protected from flame or heat ~u+%eri~ut resc~itnCB in faIlrae of tine spPliaACa. or saPPiy .hoses restrkidg in free fkaw of volah7e feel into fhc atmosphere and/or tae situation: 4. A flee flow shirt-o#1' vahre shag be regtured on aA propane tanks supplyrng temporary lust systems; or, 5. Any'othcr plan acceptable to the PFre Marshal, Prior to the. imstallatzon of any temporary' heating davrce(s), the chxk list, prepared and maintained by the Fire Marshal, shall be~au>rmitted and approved by the Dire Marshal's Oflica. It shaIl be the responsibility of the conraotor to notify ~ l3re Marshal prior to the activation of arty temporary heating device. The principal contractor. or' home owner-balder shall submit a .statement acknmwledguag atxl agreeing to the terms of this sec'3on with submi,~toa of 6uikting pezmit doarnards. A stop work order may he issusd upon uon- oompliance withprovisions ofthia section.. (Ii") Section 16 of the Appendix IT-A of the U~rm k'ira lode is amazujed as follows ~ ~ adopted as^an emergency once, pmsc>ant to Section 4,I l of fire C~a[y' C.bacter, and 9lrali he tS'eotive November 1, 20D2 and apply to aIl wrnn8y permitted and five oo~mar6on proj~ts withat tTie City ofAspen tharafter. ' eMion 4c ' This 47rdtffitrce shall not affect any existing frtigsfian and sbaIl not operate as an abatameat of a~ action or proccediRg' now pending under or by 'virtue of tku ' ~ OTdjDBneaS TCpeaTed OT anxnded as hereitr provided> grad tl]e Sar[le shall be COlydnetBd' ~~,,~~~'~, co~ladad under sudrprkrs'ordmance€. ' ~~ If any , subsection, , clause, pI¢ase, or Portion of tills Ordinance is fnt ar{y season hekt invalid o'r ra~onetiprtioxml in a oonzt of compdent jun. sucfi poxdon shall be deemed a separate, cTisGtict aad~indcpend'ent provision and shall not af~ct the vaTidiry.of the remaining potions therao£ Sedioa b; A public Irear'ing on fire Ordinance shaIl be held on the i5"' day of October, 2002,-at , 3:00 p.m. in the (~ty.Courm7 Chambers, Aspen Qty Hall, Aspen Coknado, fifrsen (1 S) days priorto which he~mg apublic notice affhe'same was pubTisbed is a newspaperof Bel ~scuJation within the City ofAspc¢ Ordinance Nc. 33, Series of 2002 Page3 INTk2OAUCEA, REAA.~.lV7J OX{A1~l2EA PUBLISHED as providod by law, bytlte Chy Counpl ofthe City ofAspenoa the 23"' day of September; 2002, Attest: -. K~sthrgn ~ C1~1{c r~.^ . FIlYALI.I', edOP~ P ~.~P ~ ~~~' oi~. 2002 Aytt~est:~~ . is:afhryn ceL, City Clerk . [islet IC. K7a . d, r . APProved as td >3otm: ~~~ dp ttorncy OrdirL~ca No. 3S, Ses3ea of2002 Yaga 4 .e.estir:+MaascMww.v..sa;,i::~aw.«F,na:am.uku:.sz~a.aE..ed=+iaaew.xu:..~maxJ:;e'wavw,w..w.w:iA::waw.w-..:rw.-n.ti-+. s.w.uMevxa:w~c.wnwu.NM-wv'~;:aw.v ~n.v w..:,r..=an.ra~,w:w.axwwaa.riw.-...~ucs'; aMw..w.am.»:+: ~~~~ ~~~~ 44~ J ~0 N -tea ~,~ PROPOSED VS EXISTING NET LEASABLE COMMERCIAL SPACE Bidwell - 2530 March 11, 2008 J Q h m Q W h '~ W Z W Z N 2 W FLOOR LEVEL TOTAL TOTAL FLOOR LEVEL BASEMENTLEVEL BASEMENTLEVEL N/A N/A SF 2,935 SF NORI - RETAIL SUB-TOTAL 0 SF 2,935 SF SUB-TOTAL LEVEL ONE LEVEL ONE LARGE SPACE 4,681 SF 1,224 SF HELLY HANSEN -RETAIL SMALL SPACE 950 SF 1,247 SF RADIO -RETAIL 568 SF GOLD MASTERS 967 SF KEMO SABE 577 SF ASPEN LAND AND HOME SUB-TOTAL 5,631 SF 4,583 SF SUB-TOTAL LEVEL TWO LEVEL TWO OFFICE 4,954 SF 941 SF KEMO SABE -OFFICE 473 SF ASPEN LAND AND HOME 1,153 SF EYE DOCTOR -OFFICE 181 SF ASPEN LAND AND HOME 1,243 SF ASPEN LAND AND HOME 572 SF MISC OFFICE SUB-TOTAL 4,954 SF 4,563 SF SUB-TOTAL LEVEL THREE LEVEL THREE N/A N/A SF N/A SF N/A SUB-TOTAL 0 SF 0 SF SUB-TOTAL TOTAL 10,585 SF 12,081 SF TOTAL {~,-' F V V F V y Q O 3 fdo v m ~ ~ m n~ °~ S '°. ?am oom j O'w O p y O N O 3> j • ~ n ono ^o ~ n m Wo rn ® N O ~ ~ N d ~ QW o QoN o <'' C W A Sm ~ _ O ~ W rn i7 V O W ,.. 3+ ~ wo o~ W A m°w A V W W V N rowland+broughton architecture and urban design ~~t~rr ~` Mountain Plaza Tenant List Sotheby's (Aspen Land & Homes) -lease expires 7/31/08. There is an option for another five years that will be exercised. This is a locally owned business. Nori -lease expires 10/31/08. This is a locally owned business. Goldmaster's -lease expires 10/30/08; there are two (2) three-year options; there is a clause in the lease for relocation in the event of redevelopment. This is a locally owned business. Radioboard -lease expires 4/30/08; there is an option in the lease for another 2 years that will be exercised. This is a locally owned business. Kemosabe -lease expires 4/30/08. They have signed a new lease for 5/1/08-4/30/10 with an option in the new lease to lease space in the new building. They will most likely close during the construction period. This is a locally owned business. We have agreed to lease space in the new building to this locally owned business at a below market rate because they are a valued tenant. Helly Hansen -lease expires 10/31/10; there is one (1) five-year option, and a clause in lease for relocation in the event of redevelopment. Countrywide Mortgage -lease expires 9/31/09. Most of our leases have been kept short term over the past 3 years in anticipation of the redevelopment of the building; rent and quality tenants have been sacrificed to do this. Mark and Jeannine Bidwell ~~ ~~~ LEED for New Construction v2.2 Registered Project Checklist SEED Project Name: Project Address: Yea~Na a~~..~, ~y L-L-L~.S"~.~'ssal 9Y "'~°l ~~es'y,~~,: $ ~'3 e ., _ "°J r:se °"~. Prereq 1 Construction Activity Pollution Prevention Required Credil 1 Slte $eleGtlOn t credit 2 Development Density 8r Community Connectivity t Credit 3 Brownfield Redevelopment ~ credit a.t Alternative Transportation, Public Transportation Access ~ Icredit a.2 Alternative Transportation, Bicycle Storage & Changing Rooms t credit a.3 Alternative Transportation, Low-Emitting & Fuel-Effcient Vehicles t creda a a Alternative Transportation, Parking Capacity t creda s.t Site Development, Protect or Restore Habitat t Credit 5.2 Site Development, Maximize Open Space t Credit 6.1 Stormwater Design, Quantity Control ~ credit s.2 Stormwater Design, Quality Control t credit ~.~ Heat Island Effect, Non-Roof t Credil 7.2 Heat Island Effect, Roof t credit a Light Pollution Reduction ~ Yes i No T~~ 'k ?i`~:. i.-`'°a~az ,.~rrev~s 2, *~~a'~.~.~'c~r 9."Sp~~•~' g 3` '..7-:..i,_...3; _s.,,:c.'"tw^y€,.',t_a.w' ~.u~`a..+:t 3§ m~...-~u.$au°"'°,» "'v~w~~~.'...at t'v., .,s,..z~.:`..`.ar1+ credit tt Water Efficient Landscaping, Reduce by 50% Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation credo 2 Innovative Wastewater Technologies credit 3.i Water Use Reduction, 20% Reduction credit 3.2 Water Use Reduction, 30% Reduction - r .,. :,.. __:-. _~ . a,...',' .. =r,a.,wu."_S ,m.: k "~i"srvF.. IX:a °_ w ',fsrsrvw iz°mec#;N. ~. .a:.:.. Prereq 1 Prereq 2 Prereq 3 Fundamental Commissioning of the Building Energy Systems Minimum Energy Performance ~ Fundamental Refrigerant Management Required Required Required 'Note for EACY. All LEED for New Construction projects registeretl after June 26'", 2007 are requiretl to achieve at least two (2) points under EACi. creda t O timize Energy Performance t to to 10.5% New Buildings or 3.5% Existing Building Renovations ~ 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 21 % New Buildings or 14% Existing Building Renovations a 24.5% New Buildings or 17.5% Existing Building Renovations s 28% New Buildings or 21 % Existing Building Renovations s 31.5% New Buildings or 24.5% Existing Building Renovations 7 35% New Buildings or 28% Existing Building Renovations e 38.5% New Buildings or 31.5% Existing Building Renovations s 42% New Buildings or 35% Existing Building Renovations to ~credaz On-Site Renewable Energy t to 3 2.5% Renewable Energy t 7.5% Renewable Energy z 12.5% Renewable Energy 3 ~Credit3 Enhanced Commissioning t credita Enhanced Refrigerant Management ~ Credits Measurement 8 Verification ~ creda s Green Power ~ continued... v°e > N° .# Prereq t Storage 8 Collection of Recyclables Required credit t.t Building Reuse, Maintain 75% of Existing Walls, Floors 8 Roof t credit t.2 Building Reuse, Maintain 95% of Existing Walls, Floors 8 Roof t credit t.3 Building Reuse, Maintain 50% of Interior Non-Structural Elements t Credit 2.1 Construction Waste Management, Divert 50% from Disposal t credit 2.2 Construction Waste Management, Divert 75% from Disposal t Credit 3.1 Materials Reuse, 5% t credit 3.z MaterialsReuse,10% t credit a.t Recycled Content, 10%(post-consumer++/,pre-consumer) t credit a.z Recycled Content, 20% (post-consumer + +/, pre-consumer) t (credit 5.7 Regional Materials, 10% Extracted, Processed 8 Manufactured Regio t 'Credit 5.2 Regional Materials, 20% Extracted, Processed 8 Manufactured Regio t Credits Rapidly Renewable Materials ' cred(t7 Certified Wood Yes Na r~" pti~~ f s-' a "!{"'~< ,.: `Yrt :."~~,. 'ti ~'l~" 6r{ ~~hrv~z=r>~ t'z ~=f3c° ""~ 'w& e s ~y r o'f f r ~ yy e "-v t ><.n .ef2' _ ,ws ne:~m,#" .~ :., n.»: x e_~..r~.w..,ca~,.~..+._ ., ~ ~.,-..~.:mw wss.~,~..xs...x. :~..k ~~ .. 3.2t ^' Prereq t Minimum IAO Performance Required Prereq 2 Environmental Tobacco Smoke (ETS) Control Required credit t Outdoor Air Delivery Monitoring t credit 2 Increased Ventilation t credit 3.t Construction IAQ Management Plan, During Construction t credit 3.2 Construction IAQ Management Plan, Before Occupancy t Credit 4.1 Low•Emitting Materials, Adhesives 8 Sealants t credit a.2 Low-Emitting Materials, Paints 8 Coatings t credit a.3 Low-Emitting Materials, Carpet Systems t credit a.a Low-Emitting Materials, Composite Wood 8 Agrifiber Products t credit 5 Indoor Chemical 8 Pollutant Source Control t credit s.t Controllability of Systems, Lighting t credit s.2 Controllability of Systems, Thermal Comfort t credit 7.t Thermal Comfort, Design t credit z2 Thermal Comfort, Verification t credit a.t Daylight 8 Views, Daylight 75% of Spaces t credit s.2 Daylight 8 Views, Views for 90% of Spaces t Tes i i.__ No ....... .A ~' : t t".l { ice, TVu' "~". ] rte` ° 4. ~ibTMZ 'y ~~'!~Nn :. ~ ~ ,~...r~-., f.~-.., '. •.._w:. ~~n.....f _r$..~,.,.,... n....3ur':~x~3#~a~.J.+~.J~S credit t.t Innovation in Design: Provide Specific Title t credit t.z Innovation in Design: Provide Specifc Title t credit t.3 Innovation in Design: Provide Specific Title t credit t.a Innovation in Design: Provide Specific Title t credn2 LEED®AccreditedProfessional t Tee N° Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 p< L~~ ~~ aec Architectural Engineering Consultants Mechanical & Electrical Design Services March 12, 2008 John Rowland Rowland + Broughton 117 S. Monarch Street Aspen, Colorado Re: Mountain Plaza Energy Analysis Dear John, The following is an analysis comparing anticipated energy usage of the proposed Mountain Plaza Building with energy usage of the existing Mountain Plaza Building. As a result of the analysis, it is estimated that the proposed building will use 68% less energy (per SF) than the existing building. I have also included an update of my conversations with the Aspen Building Department and an overview of the LEED design process. A key aspect of the LEED (Leadership in Energy and Environmental Design) process is detailed energy modeling of the proposed building. This modeling is very intensive and takes into consideration such aspects as the anticipated building envelope insulation values, equipment efficiencies, usage schedules, lighting loads, and ventilation. The modeling is a crucial design tool and an iterative process; it provides feedback to the entire design team and will ultimately help us to optimize the building performance. As a prerequisite, the LEED process requires that the proposed building's energy model outperform the baseline requirements of the energy codes currently adopted by the City of Aspen. Up to 10 LEED points towards LEED accreditation are obtained by exceeding these requirements on a percentage scale (Energy and Atmosphere Credit 1). On July 6, 2007, Rocky Mountain Institute (RMI) led the Mountain Plaza design team through aday-long charrette to identify the possibilities of achieving accredited status and where such points towards accreditation can be achieved. As a conservative estimate, the design team is confident that we can obtain 3 points in this category, which corresponds to a 17.5% reduction in building energy from the LEED baseline. Greater building efficiencies are possible and will become clear as the design team is authorized to proceed with the energy model. The first pass model will include anticipated insulation values and mechanical and electrical equipment efficiencies, and will be based upon the originally proposed design. As the project advances, we will use the model to find ways to further increase the efficiency of the building. For example, we could look at how to alter the shading for windows, 40801 US Hwy 6 & 24, Ste #214 Avon, Colorado 81620 Post Ofl;ce Box 8489 Avon, Colorado 81620 Phone: 970-748-8520 Facsimile: 970-748-8521 Email: stan(a;aec-vail.com Web: www.aec-vail.com increase the roof insulation, or utilize energy recovery ventilation systems. Ultimately we will maximize our efficiencies and submit the calculations to the LEED office for review. We can compare the energy usage of the proposed building to the existing building by comparing the existing building to the LEED baseline. Based upon reasonable assumptions of the existing building's construction, equipment efficiencies, and electrical consumption, we estimate that the existing building uses approximately 50% more energy than the LEED baseline (refer to Table A). Since it is anticipated that the proposed building will use at least 17.5% less energy than the LEED baseline, we can safely assume that the proposed building will be approximately 68% more energy efficient than the existing building. The LEED process is a collaborative effort, and one of our first tasks was to determine the relationship between the design team, the LEED office, and the City of Aspen Building Department. Denis Murray (City of Aspen -Plans ExaminerBuilding Inspector) will review the building design for compliance with the IECC (International Energy Conservation Code), the APECC (Aspen- Pitkin Energy Conservation Code), and the AEBP (Aspen Efficient Building Program). The City of Aspen will not review the LEED documentation as that is the responsibility of the USGBC (United States Green Building Council), but it will monitor our progress to ensure that the LEED Certification is obtained. I have offered to keep a running dialogue with the Building Department and to share all data as it becomes available. This is an exciting opportunity for all parties involved. I sincerely look forward to seeing it through to fruition. Sincerely, Taylor Critchlow Mechanical Engineer &LEED AP Architectural Engineering Consultants U c r.. i :3 ? U c ~' C N U L L c cu 0! fi7 ~ L w L U w LI L 4 m o, t~ U v m e o N N ~ 0) r ~ ~ N O OI .~ 3 O) N V A B N M N ~ m m J O D e~° W W ar OI C N C U ~ e ~ r r N p W O N m ~~ C N ~ th ~ Q ~ M 9 ~ t W 9 C 9 d 3 N Q C = O m wB ~ ~, ~ ~ ~ ~ o ~ « o c 0 m o IL 'y w m C rnd .- ao M M ~ ' O cc r ro 0 q O °° O ui V '~' ~ C VI M M N M L m W C 4! 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