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Home My WebLink Aboutcoa.lu.su.Smuggler.23-81 ""'C-""-"'-"'''''-'' ............. '''H_ '~ f."~tPerts[~qJYI 1;1~)~()P1,' "/~I@ , . 'h . {'. IJ. ,~<r" ~O \ 1~1 . -tP' "1~;, "0 )eASElO," SU""," SHEET ().~ \0'\:::>// Clty of Aspen ' " \~&~t'\~Ol ICHI STAFF: .Jilt/I? 7(;'Mlrl&7U 2. APPLICANT: 115fe VI nlOUIY!-Q'II'\ Peak. 1>OI','\-V\ei'\sh,' f ~ 1"""\ No. ';;,3 - el -*' 3. REPRESENTATIVE: Xn1t'\west ReCl\~ J J'o hY\ Ha wk/~ lXc..\ Lv I ~\:. I-Il{cth€S - qQS- 17M) '1c9S - ;27?;l.... 4. PROJE~T NAME: <Sm~.jJler 1llob; Ie l40me eOt~ -CunceptucJ ~ubr'Y); ;Ov(. 5. LOCATION: IIIii' C((-'('~ bot',di.€\'1ddL hu ' (;; ~).S,cVl...J,\UWIH;- 011'\& S pi' iA [l e.- '~~;h~e.-t 0\'\ ~ e.. 'Sotlu'\ an&. Uk ~t - Ct,n:!- 7,+\(\ V\. C.OUy\'\' ~ 40 <..I he 'ti\Ot'ih <:H\t:\ ~.t(';;+ 6. TYPE OF APPLICATION: ~SUbdiVision Exception Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline ____View Plane ____Conditional Use ____Other Rezoning _~.U.D. Sped a 1 Revi ew Growth Management HPC ~n~'fI~"~ ~\;~~ ~ :SI'A fly / ' .at;.) 7. REFERRALS: X Attorney X Engineering Dept. =.z:yousing hater ~City Electric )( Sanitation District ____School District )( Fire Marshal ~Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric Other X Mountain Bell 8. REVIEW REQUIREMENTS: ,"""'"'-. ~ .-.., '" - :'- 1--- ,-.., 9. DISPOSITION: P & Z' j Approved /' Denied Da te '$ \ \:L\'i \ ' <ycL ~~J.& ~ Council J Approved J Denied Date !Ohio \ (j,. \ ' .4tt- ~~~ \.--t ........4 10. ROUTING: . j Attorney ~Ui1ding ~ngineering Other "...... r.., ,~ ~ r--. MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Smuggler Mobile Home Park Conceptual Submission DATE: May 18, 1981 APPROVED AS TO FORM: i2 if I Location: Zoning: Lot Size: Background: Applicant's Request: .r: Gibson Avenue at Neale Street Specially Planned Area - SPA 11.80 Acres On October 9, 1979, the Aspen Mountain Park Partnership CAMP), a corporation which had purchased the Smuggler Trailer Park with the intention of redevelopment, issued a notice to tenants that the rents for mobile home spaces were to rise substantially. In response to that threat the residents approached the City to petition to be annexed. Following annex- ation the City began "friendly condemnation" proceedings against AMP as a means of maintaining the trailer park as a location of employee housing. Subsequently, it was determi,ned that such an action would lead to excessive financial exposure for the City. The City then entered into negotiations with the owners of the park with t~e following objectives in mind: - to place the existing tenants of the park in an ownership position at a reasonable cost; - to improve the health and safety conditions of the park; and - to reach a settlement agreement which was as consistent as possible with existing codes of the City of Aspen. A settl ement agreement was reached between the City, AMP and the trailer park Homeowners Association, a copy of which is attached for your review. The terms of the agreement provide a financial basis under which AMP agreed to liquidate its holdings in,the park. AMP agreed to make certain improvements to the utility and road systems in the park and to make the spaces available to the present owners of mobile homes at a price of .$25,000 per space. Following the sale, all units were to be placed in the employee housing pool via a mechanism which was not identified. In exchange, the park was to be permitted to be expanded by 26 additional deed restricted mobile homes, to be sold at a price not to exceed $70,000. AMP also was to receive the right to develop 19 free market units on another site within the City or on land to be annexed to the City. These 19 units were to be exempted from the GMP through a code amendment which would need to be enacted. One suggestion to meet this need is the so called "90:10" provision. Negotiations between AMP and the Homeowners Association have resulted in slight revisions to the terms of the agreement. The applicant is currently requesting conceptual SPA and subdivision approval to divide the existing park into four distinct parcels, including the development of 22 new mobile home units. These units would be deed restricted as employee housing and be used in the calculation of a 70:30 GMP exemption for the Pitkin Reserve Subdivision. This latter request represents 12 of the agreed to 19 free market units resulting from the Settlement Agreement. Figure 1 illustrates how these requests fit within the overall planning review process. ~ 7', Memo: Smuggler Mobile May 18, 1981 Page Two Home Park Conceptual Submission Review Comments: The comments received during the review of this application may be categorized as follows: 1) Basic engineering/design concerns; and 2) Planning process issues. Each of these areas is addressed in detail below. - --_..,--~,~-_.._..._.,---~--_..-.- Basic Engineering Design Concerns The Engineering ~~partment, in a memorandum dated April 22, 1981, comments that this submission improves significantly upon previous plans as regards circulation and density. Nevertheless, they identify numerous deficiencies in the current proposal. First, the Engineer notes that since f1either-parcelS'llorC fronts on a public or private street, it may be necessary for the developer to dedicate a private access to both parcels. Parcel Bhas been given to the County in exchange for land involved in the Pitkin Reserve application. In a memorandum from the County Housing Office. the Housing Director indicates that the County would like to give Parcel B back to AMP in exchange for an easement along the existing dirt road which is shown through Parcel C. where the appli- cant now proposes to build new trailers. The areas on either, side of the road are steeply sloping and to place the new road in either of these locations would create a highly visible. broad cuto The Housing Director also suggests that the de- veloper use Parcel B to construct a multi-family housing structure rather than the new trailerso The Planning Office and Engineering Department. in a site visit with the Housing Director, were shown that the County c plans for the Smuggler/Silverking area are still formative in nature but represent,a major effort at solving the over- all community employee housing problem in this nearby loca- tion. We feel that it is in the best interests of the en- tire community not to preclude any options which are currently being pursued to provide the infrastructure necessary to meet em!Jloyee housing needs._TJ:te~oad bei.n~Y1~i.<!~re~Lb.L~ . tne-Couritywouliflleauma1Orloop connecting the Silverking/ Smuggler area to Park Circle and also to Mill Street. thereby providing improved circulation in the areao The Planning Office recommends that the applicant enter into negotiations with the County to try to resolve this issueo '~ The second major design concern raised by the Engineer involves the duplex trailer arrangement proposed by the applicanto The Bui 1 ding Department comments that thi s arrangement poses pro- blems in terms of light and ventilation. fire separation and access and egress. In fact. the existing mobile home code of the City of Aspen does not provide a basis for reviewing and approving a duplex trailer arrangemento The Planning Office therefore recognizes that it will be necessary to process a code amendment to the mobile home park provisions. based on state and national standards. by which such trialers may be permitted in the City of Aspeno The third major design concern raised by the Engineer is utilities. While water system improvements do not appear to be necessary at the present time. the Aspen Metro Sanitati on Di stri ct comments that the new trailers cannot be served until the sewage system is upgradedo The Electrical Inspector comments that electrical service to a majority of the units presently at the park re- presents an imminent danger to life. health and safety and should be c,Qrrected immediately. The District Manager for Rock)', MOljntain_ /"", /""', Memo: Smuggler Mobile Home Park Conceptual Submission May 18, 1981 Page Three Planning Process Issues: Natural Gas states that the present gas lines should be replaced in the interests of safety. Finally, the Engineer note~ that drainage needs should be accommodated through drywells ln subse- quent site plans, Miscellaneous concerns of the Engineer include: _ That Parcel E, at 10,020 square feet, is a substandard lot in the surrounding R-15 zone district and should be expanded to the 15.000 square foot minimum; _ That the developer dedicate right-of-way at three loca- tions to accommodate the needed expansion of both Gibson Avenue and Spruce Street; and _ That in order to permit road maintenance and sno~ removal on City streets the Engineering Department requlres 60 feet of right-of-way, The roads in the Smuggl~r system are insufficient to permit dedication to the Clty for these purposes, ------------".. The Planning Office review of Chapter 14 of the Code, "Mobile Homes and Mobile Home Parks" uncovered several issues which must be addressed by the applicant. Section 14-3 sets minimum submission requirements for any expansion of a mobile home park, These provisions include: 1) Compliance with Planned Unit Development requirements; 2) Submission of a landscaping plan, to include all site improvements; 3) Description of fire protection facilities and plans; 4) Analysis of traffic impacts, school impacts and police impacts of the expansion; and 5) Assessment of the community need for the expansion. The need for this information was uncovered at a very late stage in the conceptual review process. The Planning Office therefore felt that in the interests of expediting the conceptual review, it was appropriate to work with the applicant to determine those requirements which should be met by the applicant prior to review ___.QLthjs request by Council..----- The conceptual submission before Council at the present time does not provide a mechanism by which the existing mobile homes in the park are to be retained within the employee housing pool. The City and County Housing Directors are currently formulating an approach which would place restricttons on the eligibtl ity of the buyer on resale, rather than the price of the units. This mechanism is necessary because the trailers were bought at free market rates while the land price is controlled by the settlement. Since no low interest financing appears to be available, it would be unfair to the residents to restrict the units to tradi- tional low, moderate or middle income guidelines. Until the details of this mechani.sm are finalized, the Planning Office recommends that you exclude considerati,on of this issue from your debate. Section 14-6 of the Code sets standards for mobile home parks. Since this park is more than five years old, itshpuTqno- longer be reviewed under the minimum standards for existing parks but instead should meet "new standards for existing parks" which represent a more stringent set of review criteria, In fact, that portion of the park subdivided for the new trailers should meet the most strlngent"new standards for new parks", The Buil ding Department comments concerning spaci ng, encroach- ments,setbacks, recreational vehicles and parking should all be viewed in light of these standards, Furthermore, the exist.; JlllL park is reguir:ed tQ_ have 10% of its area for recreati on, fr~, Memo: Smuggler Mobile Home Park Conceptual Submissi,on May 18, 1981 Page Four Planning Office Recommendations: while the new park must reserve 20% of its area for recreation. The Planning Office will need better data to determine com- pliance with these standards. Finally, two issues emerged during the review of this applica- tion before P & Z. First, there was a concern that at least one trailer did not front upon the internal roadway system and thereby would have to directly use Gibson Avenue. Second, P & Z did not feel that the two proposed access/egress points on Spruce Street were suffi ci ent to meet the circul ati on needs of the residents and recommended that the applicant consider revising the site plan to show a third entrance and exit location. The Planning Office recommends that you approve the applicant's request for conceptual subdivision, subject to the following condi ti ons : 1) The applicant's revision of the site plan to insure that parcels Band C front on a public or private street; 2) The applicant's agreement to enter into negotiations with the County to resolve the issue of the need for a road in Parcel C; 3) The applicant's agreement to upgrade the sewage system; to meet the standards of the Aspen Metro Sanitation Di stri ct; 4) The applicant's agreement to bring the electrical service throughout the park up to Code specifications, meeting all comments included in the Electrical Inspector's memorandum"dated April 28, 1981. 5) The applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountai n Natural Gas; 6) The applicant's revision of the site plan to designate drywe 11 s to accommodate drainage needs; 7) The applicant's revision of the site plan to expand parcel E to a minimum of 15,000 square feet; 8. The applicant's recognition that due to insufficient road right-of-way, all streets will need to be pri- vately maintained, including snow removal; .---..---...-.---------..--------.------.--..--..-.-.------.--._---" \ .-.------. 9) The applicant's dedication of right-of-way at the loca- tions identified by the Engineering Department to accom- modate the expansion of Gibson Avenue and Spruce Street; 10) The app 1 i cant's agreement to provi de a 11 ,infol1111ati on re- quired by Section 14-3 of the Code prior to review of the conceptual submi ssi on by City Counci 1 ; 11) The applicant's agreement that since insufficient housing price information has been provided to the Planning Office that any conceptual approval by P & Z does not necessarily include approval of the employee housing restrictions pro- posed by the applicant; 12) The applicant's agreement that parcel A meet the review criteria entitled "New Standards for Existing Parks" while parcels C and D (and B if it is developed with mobile homes) meet the review criteria entitlpd "New S.:t_an.dards ..- for New Parks", to the satisfaction of the Building and Engineering Departments; , <~; .-- Memo: Smuggler Mobile Home Park Conceptual Submission May 18, 1981 Page Five 13) The applicant's revision of the site plan so that all trailer units have frontage on and direct access to the internal roadway network; and 14) The applicant's agreement to continue to consider the design of a third access/egress point for the trailer park from the most suitable location. P & Z Action: At a special meeting on May 12, 1981, the Aspen P & Z concurred with the Planning Office recommendation, including all fourteen conditions listed above. The applicant submitted a memorandum at that meeting, attached for your review, agreeing to the twelve conditions listed at that ti,me. The applicant has since agreed to the remaining two conditions numbered thirteen and fourteen. Council Action: Should you concur with the recommendation of the Planning Office and P & Z the appropriate motion is as follows: ' "I move to approve the request for SPA and conceptual subdivision review for the Smuggler Mobile Home Park, subject to the conditions listed above." -~- -, .~" .---..;.....-. ,~ ,,,,,,,\ Q)' is :I: Q) ~ .~ ex: 0.. -g~ 0.. ::E: +> C/) t!l s;:: ::E: s;:: Q) Q) I E I E -0 -0 en ens;:: en s;:: en s;:: s;:: Q) s;:: Q) s;:: .~ :OJE :oJE .~ -0 '- n:s n:s n:s n:s & Q) Q) Q)Q) Q) 0:: -0 0::-0 :I: 0 0 -' -0 -OU -OU - U s;:: s;:: s;:: U .~ N N N z: ~ => .0 0 :::> ~ ~ U 0.. .-l N M -'-1'",,".- Q) E 0 :I: ex: I 0.. Q) 0 C/) +> +> ~~. -0 s;:: 0.. s;:: :C........... 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OJ .. ~ Q) ~ s;:: 0 Q) ~ s;:: u :;:X 0.0 -00 :.cJE .r- ..... 0 .~ en .......... ex: OW Er-- 00'> n:s EU > en E~ 0.. '- LLJ-.;... U~ 0 '- & :::> N .~ .0 C/) t!l ::E: ~ E ~ :::> C/) o<S Q)o.. Q) '- ~ ~ > Q) 0.. 0.. .-l N M <:t '- .s:;: Q) +> Vl OJ '- . 0:: 0 4- s;:: .~ :;: ..>< Q) +> .~ .~ > 0.. & +> s;:: en Q) s;:: '- .~ s;:: '- s;:: 0 :::> s;:: ~.~ u n:s n:s Vl s;:: ~ :::> Vl 0 0.. -' +>.~ U - o.E U Q).o z: U :::> => s;::c/) 0 0 U U , s;:: 0 ~.~ n:sVl :::>Vl +>.~ N g-E U:::> o<S s;::c/) 0 0.. U < " ,-., -. TO: MEMORANDUM ~--:-----\''''\ 1. d .\. \. ~ Aspen P annlng an Zonlng'\c~~,~~on \., ".,\ Aspen Mountain Park (AMP) ~\ '-..... AMP's Responses to Planning Office (Alan Richman) Conditions for Conceptual Approval -- Smuggler Mobile Home Park FROM: RE: DATE: May 12, 1981 1. AGREED. Parcel B is being deeded to Pitkin County and access will be supplied by the County. Parcel C is to be accessed by a new feeder road to be installed by AMP. See submission, Map 2. 2. AGREED. AMP has and will continue to work with the County in an effort to negotiate a road right-of-way. 3. AGREED. AMP will provide a totally new sewage disposal system that meets the standards of the Aspen Metro sanitation District, and has already initiated all necessary engineering work to this end with Wright-McLaughlin and the Sanitation District. Estimated cost: 4. AGREED. system. AMP will provide a totally new code complying electrical Estimated cost: 5. AGREED. AMP will provide a totally new code complying gas distribution system. Estimated cost: 6. AGREED. AMP will provide adequate drainage (drywells) per City Engineering specifications. Estimated cost: 7. AGREED. It should be noted, however, that Parcel E was sized in an effort to arrange for the maximum feasible open space for the park residents. The land itself is zo.ne.d.. SEA,.and..so there is no zoning standard. Moreover, any enlargement of this parcel, as recommended by the Planning Office, will result in a reduction of land otherwise to be conveyed to the tenants (the Cooperative). 8. AGREED. All streets will be privately maintained, including snow removal. 9. AGREED. AMP will dedicate to the City a right-of-way to accommo- date expansion of Gibson Avenue and Spruce Street, per the City Engineer's request. 10. AGREED. However, AMP and the Planning Office have agreed that portions of the Mobile Home Code (a) are not consistent with the Settlement Agreement, which this Conceptual Submission is to im- plement; and (b) are not necessary to the Planning Office's re- view. Consequently, portions of this information need not be supplied. 11. AGREED. In order to expedite the drafting of applicable rentals and resale price guidelines, AMP has arranged meetings with the City and County Housing Authorities. AMP has been given to understand that proposed guidelines will be shortly forthcoming. It should be noted, however, that under the Settlement Agreement (page 4, paragraph 4) responsibility for the promulgation of ...... ,-.. .-, MEMORANDUM AMP to P&Z May 12, 1981 Page Two rental and resale price guidelines is that of the City alone, which must fashion those guidelines in the manner in which the City determines to oe in its better interest. 12. AMP and the Park Tenants will, in all cases, attempt to meet all applicable codes. Agreements with respect to capital improvements, described above, evidence this. Total code compliance is not attainable. In keeping with the spirit, intent and letter of the Settlement Agreement, however, AMP has inventoried any departures that may be involved from applicable codes in order that sucq codes might be amended, or the Agreement implemented throug the flexibility of the SPA/PUn process. ASPEN PA AJ '\ ~V,' RWH/caa ,1"'"\ ,-., TO: Jim Hamilton, Pitkin County Housing FROM: Ferrell & Hawkins, Aspen Mountain Park SUBJECT: County Road R.O.W. North of Trailer Park DATE: May 11, 1981 From our numerous site visits and from map studies we have devised;four' alternative road R.O.W. solutions that we believe our e,lient (AMP) may accept. As you know, our objective has been to accommodate the County's new road alignment proposal which encroaches upon the existing Smuggler Trailer Park while retaining or relocating the 4 "duplex" units which conflict with the proposed R.O.W. Our constraints have included: topography - the "knob" abutting Smuggler Parcel B. R.O.W. alignment should minimize cut of this topographic feature topography considerations affecting the site p~anning of modular or mobile homes as many trees should be preserved as possible road access, parking and grade to the proposed new trailers in Smuggler Parcel "c" limited access to the new County road title/deed uncertainty (the uncertain ownership parcel immediately east of, Smuggler Parcel "B") , The solutions we have identified are: 1. Smuggler Parcel "C" incorporating park expansion is bisected (Map 1 & 2) County R.O.W. passes through northern portion of Park (Map 1) Six new duplexes on parcel "c" remain County trades back Parcel "B" (and adjacent parcel north) to AMP in exchange for road right of way AMP constructs 4 new duplexes on new northern parcel 1""". i""""\ 2. The County takes entire parcel "C" in addition to already owned parcel "B" for new road, County trades new parcel at some other site to AMP for expansion units t26 units 1 3. Design Workshop alternatives tMap 3) County to trade back Parcel "B" for required R.O'-W. on Smusgl~r northern boundary AMP to redesign 4 northern-most duplexes County R.O.W. to follow below 7960' contour around Parcel "B" 4. No new trades made with County County, uses parcel B for road right of way and aligns road parallel with Salvation ditch AMP continues with plan as submitted to city ,'-'" ,-.., / .-" r!'... / ..:..~ 1/ " r; ! 1// /- -: {Y/ i! -'1/ , -It /.9 <if' (; ~'O <:7) /" . " ^, 'I '<" (/' - '. I Q) 02 .7/ T'-- O ~, . k' .c( ,',' W'1 " '.~ m- "', '.L..., : ,,.,,. ~ /:.... \ '. ./ ,<(i t! ~c:L ! / j . . "'-, "" \ A'. \ .~ ,\ \. / '\ '\ i '\.~ : '-, ; ""0\-.. _~>..~.._~ \ \ \ \ \, \' " <0 ui <Ii T'-- ~ t2:;,....... /~; // ~:. "'- -. ", " " -" " , " - - . ~. '-'" --' .~:~:.~ . .:::::.:.::=. \':- , , . , \,\ , "\ " ..:'<, f u.J , r--f \ '- ...~ ., .~ ,"' \ '. - ~ -'- " " ' ~> _ /Ii -'- '_ ,1/ '. ,. I ' . ! /. I '," I I .7 / / . / , ! , / , , , / / I , I . .. -----...<-.. I / / / / / I i \ / / / I , , fAAr R.o.w. I ~ 1SR::., . .. \ V . /;: \ '~{/ 1 .. , ,.~ ._~ ' ~ -,;:, '-<~~~:" ,- , , ~~,."_.., ~~",,~-".:~-, ;"':0 ~.....,. ~,,"<._ , '~.' ...... 1: O. . \ .0:. 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NoRTH (IF PMcE L "5" -., ,~ MEMORANDUl1 TO: Aspen Planning and Zoning Commission FROM: Alan Richman. Planning Office RE: Smuggler Mobile Home Park Conceptual Submission DATE: May 8. 1981 At your meeting on May 5th, you tabled the applicant's request for conceptual approval pending a ~t" vi~it to the property and surrounding areas to be impacted by the proposal. There was also an expectation that additional information, would be received from the applicant. To refresh your memory, the site visit is scheduledfor May 12 at 5:00 P.M. at the main entrance to the existing park at Gibson Avenue and Neale Street. We will be looking at some of the problems on the existi ng site and wi 11 also be shown some of the areas where the County is considering developing new roads and housing for employees. Jim Hamilton, Pat Dobie and Jay Hammond will accompany us on this trip. In terms of new information, the fOllowing has been accompl ished to date. I have enclosed copies of the conceptual maps prepared by the applicant for your review. Please bring the original memo I prepared for your last packet to , address many of the review concerns we have with the proposal. At the previous meeting. you expressed the need for more or revised information regarding: - Access and egress to and from the site; -, .... -. ... - Cut and fill plans for the new trailer locations; __l'J . . '~":-'""'-_...~-...-_--'.... . ~ P-1Il- 't:.-\ ""'\ ~h \ \,..v-.ll ~.....u... 'h_~ Landscaping plans; .... ~. ~_..~. , - - Em~loyee housing guidelines; and .I.l ,.., .. ". .. ""'-'""'''':'''''''''''~-'''''_~'~''''_'~'''"''''''''''''",I.W~''''''''''''''"''''' - Accommodation of the County plans for the Silverking/Smuggler Frounta fnam'-"~-~'"-"'\''''' """';;-""''''''''''''lJ''''''~''''''''''-''''''''''''-",,,,,,,,,,,,,, ,.. ' ---"'"""""""'""""".......~""'"-.: \ ~ '" " f'lb. '0",""" .".",,~". In the intervening days since your last meeting ~he al2pl icant has spen~ a grea t dea 1 ot.,. time n~.t!.UJ,!l9.J:1ll1:U,he__~~Ll!,!lj;y_tIUI}:_C.Qromo.Q,ale.:tJl~ i r.~@ns !niL,~ye 1.9.Qj,n.9.,3\..,c:9)lCePtual.!1g.~t~".fQ;r.:i,!c:gI'Por,~~,ing..t.he.se" pJan s.\'l~,~h,in ,the overa 11 deve 1 opment~xpect~~ions of thes~tt Tementggr:e.el]1E!nt. As a reslrl-t-, tIleI'>1"annnn:fUfflce'andEngliieeri rig DepartinenC Have naf proceeded much fur- ther in their review of the site plan before you, since it appears that an amended conceptual presentation may be submitted by the applicant. Neverthe-, less, a brief outline of the plan now under review reveals that: -"'~'.~""""""''''-'' -.~".,v.,.,C'" .,.-,. .'-...,,,.....', ,-" ,. "."--',' ,,,...,,,.~. ''','' "'-'"'",-''''''0''' ~""'~'''''~~'''"_", ,_ 'r ',;'~",", :' '_'. '. ""^"',c.""", , ",.. "'e_ _', _ , " , ,'''_ - It sJtq\.'l,S~.p)JJY,~44ilndJlo:t,2p, n~wJ..r.ajJ.EtrS, with 20 in a dup 1 ex arrangement and 2 as single trailers, .tll,J:\~._lo.c.aj;,e.d...jn....ej.tber Pa.t:!,:l;!.l.)Lor,C, with Parce.l D being totallyelimi.nated from the pro- posa 1; and ~,,' ,. ' " """"',..,., ,.-.....-.,. - It provides a better~2"v.e.x:91L~p5l.<::inQ,arr!lnQe.rnen:Lfor tOE! trailers through additionair!.lo\i,gj;.ipu.s as well as t;:'il,Ugr;:,$.bJfts in'plaCe to provide improved safety and circulation patterns. The new site plan does not address access and egress problems, potential topo- graphic problems, landscaping or employee housing guidelines. In fact, no new information has been received as regards any of these issues, although the ' applicant intends to make it available at your meeting. The Planning Office has initiated its Smuggler Area Pien'-and has developed a s.gp~a.:l.--map for you to view the circulation and other~roblems in the overall area. The Planning Office recommendation for this application remains as it was at your meeting on May 5. 1981. Of' . '. "" ,-., ~ MEMORANDUM TO: FROM: RE: Aspen Planning and Zoning Commission Alan Richman. Planning Office Smuggler Mobile Home Park Conceptual Submission DATE: April 29, 1981 Location: Zoning: Lot Size: Background: Applicant's Request: Review COlMIents: , , , Gibson Avenue at Neale. Street Specially Planned Area 11.80 Acres / On October 9, 1979, the Aspen Mountain Park Partnership (AMP), a corporation which had purchased the Smuggler Trailer Park with the intention of redevelopment. issued a notice t9 tenants that the rents for mobile home spaces . were to rise substantially. In response to that threat to ,the residents. the City began eminent domain proceedings against AMP as a means of initiating negotiations to resolve the rent issue while maintaining the trailer park as a location of employee housing and also obtaining capital improvements in the trailer park. As a result of those negotiations. a settlement agreement was reached between the City, AMP and the trailer park Homeowners Association,' attached for your review. The terms of the settlement provide a financial basis under , which AMP agreed to liquidate its holdings in the park. >,AMP agreed to make certain improvements to the utility and . road systems in the park and to make the spaces available to the present owners of mobile homes at a price of $25,000 ,per,space. Following the sale. all units are to be deed restricted as employee housing at a price guideline yet to be determined. In exchange, the Park is to be permitted to be expanded by 26 additional deed restricted mobile homes, which are to be sold at a price not to exceed $70,000. AMP also is to receive the r~ght to develop on another site 19 free market units exempt from the GMP, based on a mechanism which has not yet been enacted into the Code entitled the "90:10" provision. The applicant is requesting conceptual approval of the subdivision of the Smuggler Mobile Home Park into five distinct parcels and the addition of 26 new mobile homes which would be deed restricted as employee housing, and be used in the calculation of a 70:30 GMP exemption for the Pitkin Reserve Subdivision. Figure 1 illustrates how these requests fit within the overall planning ,review process. The comments received during the review of this application may b~ categorized as follows: 1} ,Basic engineering/design concerns; and 2} Planning process issues. Each of these areas is addressed in detail 'below; Basic Engineering Design Concerns The Engineering department, in a'memorandum dated April 22, 1981, comments that this submission improves significantlY upon previous plans as regards circulation and density. Nevertheless, they identify numerous deficiencies in the current proposal. First, the Engineer notes that since Memo: SI11uggler Mobne He; Park Conceptual Submission -., ,April 29. 1981 Page Two neither parcel B nor C fronts on a public or private street, it may be necessary for the developer to dedicate a private access to both parcels. Parcel B has been given to the County in exchange for land involved in the Pitkin Reserve application. In a memorandum from the County Housing Office, the Housing Director indicates that the County would like to give Parcel B back to AMP in exchange for an easement along the existing dirt road which is shown through Parcel C, where the appli- , _.__'_. cant now proposes to build new trailers. The areas on either side of the road are steeply sloping and to place the new road in either of these locations would create a highly visible, broad cut. The Housing Director also suggests that the de- veloper use Parcel B to construct a multi-family housing structure rather than the new trailers. The Planning Office and Engineering Department, in a site visit with the Housing Director, were shown that the County plans for the SI11uggler/Silverking area are still fonnative in nature but represent a major effort at solving the over- all community employee housing problem in this nearby loca- tion. We feel that it is in the best interests of the en- tire community not to preclude any options which are currently being pursued to provide the infrastructure necessary to meet employee housing needs. The road being considered by the County would be a major loop connecting the Silverking/ SI11uggler area to Park Circle and also to Mill Street, thereby providing improved circulation in the ,area. The Planning Office recommends that the applicant enter into negotiations with the County to try to resolve this issue. The second major design concern raised by the Engineer involves the duplex trailer arrangement proposed by the applicant. The Building Department comments that this arrangement poses pro- .blems in tenns of light and ventilation, fire separation and ~access and egress. In fact" the exi sting mobile heme code of the City of Aspen does not provide a basis for reviewing and approving a duplex trailer arrangement. The Planning Office therefore recognizes that it will be necessary to process a code amendment to the mobile home park provisions, based on state and national standards, by which such trialers may be pennitted in. the City of Aspen. The~ major design concern raised by the Engineer is utiliti~s. While water system improvements do not appear to be necessary ! at the present time, the Aspen Metro Sanitation District comments that the new trailers cannot be served until the sewage system i is upgraded. The Electrical Inspector comments that electrical : "'V'^ ' '. service to a majority of the units presently at the park re- :' ,:2bbO:ff-P{/lLbvlpresents an imminent danger to life, health and safety and shaull;! , 'I~, 0" On be corrected immediately. The District M~nager for Rocky. Mounta1n ~,r c.4yvt.A,.iI., Natural Gas states that the present gas llnes should be replaced, in the interests of safety. Finally, the Engineer notes that ' d.rainage needs should be accommodated through drywells in subse-' quent site plans. ... . Miscellaneous concerns of the Engineer include: - That Parcel E, at 10,020 square feet, is a substandard lot in the surrounding R:'15 zone district and should be expanded to the 15,000 square foot minimum; . , - That the developer dedicate right-of-way at three loca- tions to accommodate the needed expansion of both Gibson . Avenue ,and Spruce Street; and _ . That in order to pennit road maintenance and' snow removal on City streets, the Engineering Department requires 60 , feet of right-of-way. The roads in the Smuggler system ! are insufficient to permit dedication to the City for thes~ purposes. , ~ f""'" t~mo: Smuggler Mobile Home Park Conceptual Submission April 29, 1981 Page Three Planning Process Issues: The Planning Office review of Chapter 14 of the Code, "Mobile Homes and Mobile Home Parks" uncovered several issues which must be addressed by the applicant. Section 14-3 sets minimum submission requirements for any expansion of a mobile home park. These provisions include: Complian~ with Planned Unit Development requirements; Submission of a landscaping plan, to include all site improvements; Description of fire protection, facilities and plans; Analysis of traffic impacts, school impacts and police impacts of the expansion; and Assessment of the community need for the expansion. .' 1} 2) 3) . .' 4) .5) .The need for this information was uncovered at a very late stage in the conceptual review process. The Planning Office would therefore recommend that you require this data to be available prior to reivew of this application by City Council. The Planning Office has also found deficiencies in the housing information supplied by the applicant in that it is impossible to calculate whether the proposed price for the new trailers falls within City Housing price guidelines unless data is provided on the size of the trailers. Since comments were not received from the Housing Director, the Planning Office recommends that your approval exclude conceptual approval of rj , '.' the appl i cant IS housi ng pri ces. , L" , ,(f~If;:IP0."Section 14-6 of the Code sets standards for mobile home parks. ~ "'\'~LCn'c;,.IlL iV',..K2'L"{ Since this park is more than five years old, it should no '\,' 0!1;&",,,,,,,. ,longer be r:eviewed under the minimum standards for ~xi~ting tI ~.-<X\', :1' f parks but lnstead should m~et "nE;:::'. ~~an~~!~~_.f.9I.j~.~Js~.~n~LP~,!:.kS" ..;k I U' which represent a more strlngerrt set Of reVlew Crlterla. In , " fact, that portion of the park subdivided for the new trailers should meet the most stringent '~n~,I'!,.,s~tB!1.~rd.sfor 11.~'(!...Jl,9,r~s". The Building Department comments concerning spacing, encroach- ments, setbacks, recreational vehicles and parking should all be vi.ewed in light of these standards. Furthermore, the exist- ing park is required to have 10% of its area for recreation, while the new park must reserve 20% of its area for recreation. , The Planning ,Office will need better data to determine com- pliance wi th these standards.. It _ :\~\ ~ \,~t.{,-?v(,o\ .w"; A final planning process issue is that the' precise nature of this conceptual submission has been changing since the Planning ,Office first received this 'application. The letter included in your packet from Brooke Peterson notes that the applicant is now only requesting 22 new trailers rather than the 26 included in the application before you. The Planning Office has re- ceived verbal indication that the applicant will be submitting a revised site plan to you at your meeting. Should the applicant follow' this procedure, the Planning Office recommends that you immediately table this request since staff has not had any opportunity to study these alternatives. Planning Office Recommendations: The Planning'Offi~'Tecommends that you approve the applicant's request for concep1:ual'subdivision~ subject to the following condi ti ons: ~. ^ ^ , Memo: Smuggler Mobile Home Park Conceptual Submission ~April 29, 1981 Page Four .. 1) The applicant's revision of the site plan to insure that parcels Band C front on a public or private street; 2) The applicant's agreement to enter into negotiations with the County to resolve the issue of the need for a road in Parcel C; 3) The appli~ant's agreement to upgrade the sewage system to meet the standards of the Aspen Metro Sanitation District; 4) The applicant's agreement to bring the electrical service throughout the park up to Code specifications, meeting all corrments included in the Electrical Inspector's , memoran~um dated April 28, 1981. 5) The applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountain Natural Gas; 6) The applicant's revision of the site plan to designate drywells to accommodate drainage needs; 7) The applicant's revision of the site plan to expand parcel E to a minimum of 15,000 square feet; " 8. The applicant's recognition that due to insufficient road right-of-way, all streets will, need to be pri- vately maintained, including snow removal; .--: y9Y"'Theapplicant's dedication of right'-of-way at the loca- tions identified by the Engineering Department to accom- modate the expansion of Gibson Avenue and Spruce Street; ...-- ; ,.- ,,' / 10) 11) The applicant's agreement to provide all ,infonnation re- quired by Section 14-3 of the Code prior to review of t~e conceptual submi ssi on by City Counci 1 ; The applicant's agreement that since insufficient housing price information has been provided to the Planning Office that any conceptual approval by P & Z does not necessarily include approval of the employee housing restrictions pro- posed by the applicant; and The applicant's agreement that parcel A meet the review criteria entitled "New Standards for Existing Parks" while parcels C and D (and B if it is developed with mobile homes) meet the review criteria entitled "New Standards for Existing Parks", to the satisfaction of the Building and Engineering Depar~ents. 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G'> ... .... n c "S en ... ~1'Tl .., '" .... ~ na", n... '" -..3 1'Tl0 ... -c r- 0-.-- 0 n... 0"" x:!: .... ... O::S~ C- :;c 0 .. .... CD.... :;c '" '" "" ... CD'" C- :;c ~~ 3::.- '" ... '" IDC-a '" "'''' "" '" ... "S3'" ~9: '" .....CD ...3 C- o '" ....., ~9: CD ...", ... :s ....N,.. "':s O:S :s ...'" :s<o "':s c:: :s'" <0 o r+n C- :s <0 :s '" <0 ::s -'0 33 C- , ... CD o:s CDO 3G'> ... 3 :s 0. :so:r "'3 '" '" ....0 t:;':::; :s-a :s . ... .... '. (.It lD ~ ::c i - W N ... -a (") ..... ..... ..... C 0 o:r c:: .... :z N N N ... n :s ::0 :s n .... no. (")0. 0. r- 8- ~iI? ::r: iI? '" lDiI? '" f~ f~ '" "S 0. ... ... :s :s <0 :sce ::sea ce i. it. . lD lD ::13; ::IG'> V> litg. ... 3: ;g -a ... .... lD ::r: i -- ....~ .' " ~ /"'-' ~ l.AW Ol'F1CE$ BROOKE A. PETERSON 611 WEsT MAIN STREET ASPEN. COLORAOOBI611 C3031 825.8166 MEMORANDUM ------.-- DATE: April 28, 1981 TO:' City of Aspen Planning and zoning Commission FROM: Br00ke A. Peterson, Attorney for Smuggler Mobile Homeowners' Ass0ciation RE: Conceptual Submission for Smuggler Mobile Home Park '. " The comments of the mobile homeowners have been requested by both the Planning Department of the City of Aspen, and by various individual members of the City planning and Zoning Commission. ,The following are the comments of the m0bile homeowners' association and the board of directors. first of all, it may be said that the plan presently in front of you for review is the culmination of approximately two (2) years of negotiations and struggle concerning the future of The Smuggler Mobile Home Park,. This matter comes before you after many hours of discussion between the mobile homeowners, the Aspen Mountain Park Partnership and various representatives of the City of Aspen. This discussion is an on going one, and while the mobile home0wners and the owners of the park are in substantial agreement concerning the future of the park, many of those details must be finalized. What has been presented by the representatives 0f the owners is a plan that was altered as late as Wednesday, April 23, 1981, after a lengthy meeting once again between represen- tatives of the owners of the park and the board of directors of the homeowners' association. The conceptual plan, as understood by the mobile homeowners, now calls for: (a) twenty (20) new mobile homes to be constructed on the northerly portion of the park; (b) two (2) neW mobile homes to be constructed on the westerly portion of the park; (c) for both the homeowners and the owners of the park to share in the cost of additional improvements over and above the amounts of money that were cOmmitted for the improvements of the park by the owners of the park pursuant to the settlement agreement: and (d) for certain ,... ....~ " 'i:, ,",'",:" " ."-'.:" .!1 "'=:"'" ... r f,....~-~, . .'...........'. ,. "~~....~ ~ .~. ., .' " j" ..--.'....,.... . . .' ~ . ' .," ~ ~ .. . i I 1 , ~ :l ~ i ~ ,-, ,-., . Memorandum City of Aspen Planning and Zoning Commission April 28, 1981 Page 2, of the existing mobile homes to be resituated within the present park, in order to alleviate congestion ana to increase the uniformity of the individual spaces. These compromises where reached only after a firm analysis and firm proposals with respect to the.cost of the necessary improvements to the park were submitted by various City and/or quasi-municipal agencies, including, but not limited to the Holy Cross Electric Company, Rocky Mountain Natural ' Gas Company and the Aspen ~anitation District. A major area wherein there has been no final resolution of the concerns of the mobile homeowners and the City is the question of future resale restrictions upon the mobile homes and upon the property upon which they sit. It is recognized ,by all parties concerned, that these restrictions are necE!s,sary to keep the purchase price of the mobile homes within the financial capability of Aspen's employees. The single greatest difficulty in achieving this goal is the fact that the money being borrowed by the cooperative, ,the entity which is going to be purchasing the park proper, must be borrowed at a rate approaching two (2) percentage points above the prime lending rate. If the prime lending rate continues to remain at its present level, it is 90nceivable that the lending rate for the mobile homes will be in the eighteen (l8) to nineteen (19) percent range. ,Given this interest rate, a proper return certainly does not adequately reflect itself ina return limited along the guidelines that have been used for the limitation on resale in past Pitkin County projects. This area is of grave concern to the mobile home0wners and they are in the process of resolving this matter with the City authorities. The physical nature of the park will be vastly improved by the contemplated improvements. Unfortunately, we cannot add new land to the park or accomplish major spatial changes, given the present nature of the park. We can, however, begin to COrrect some of the deficiencies in the services within the park, and to create a better living environment by virtue of the contemplated improvements. These improvements are of a vital necessity, a situation recognized by both the owners of ~~e park and the mobile homeowners' association, and should be started as quickly as possible. Unfortunately, they cannot be started until b0th the proposed development of The Smuggler Mobile Home Park and the Pitkin Reserve Project .,....n;.~ , ,... -..... " "~",,;! . "." ......~ ' "~ .. :'" , 't~.. . .... r'. .r." '.... ...,.. ~........ C" " " ~ , 1 :II ~ J It " " " , , .... c. \ , j' ~ ,,.-., Memorandum City of Aspen Planning and Zoning Commission April 28, 1981 Page 3, have been approved, due to the nature of the settlement agreement between the parties. The situation is such that time is literally of the essence should we hope to begin any of the improvements during this summer's building season, and should we hope to be able to stay within the estimates which have been provided to us by the various contracting agencies. The park, in and of itself, will be organized into a Cooperative ownership. In other words, one entity, The Smuggler Mobile HOmeowners' Park Association, a cooperative, will own the entire piece of real property. The individual mobile homeowners will be given a permanent lease upon their real property space and a share in the cooperative both of which, when taken together, represent their ownership interest in the real property itself. The reason for the use of the cooperative is to enable the Ass0ciation, as a whole, .' to determine the proper use of the land, to simplify the management of the park, and to facilitate the acquisition of the mobile home park. A cooperative will als0 allow the homeowners, should they ever determine that it would be in their, best interest to sell the property as a whole, and/0r to erect permanent housing structures for their own use on the property, within the confines of the land use regulati0ns of the City of Aspen. . The Smuggler Mobile Home Park is a vital source of employee housing in this community and all parties to a compromise agreement, in spite of their disagreements as to" the interpretation of that document, recognize that fact. It is hoped that the Planning and Zoning Commission will also, recognize the nature of The Smuggler Mobile Home Park, and help all of the parties to not only preserve the nature of the mobile home park, but also to cause it to be improved by allowing this new arrangement to come to fruition, accom- panied as it will be by additional employee housing units, and by substantial improvements to the existing park. Copies sent to: The Ci The Aspen City Manager~ Hughes, Esquire and The iation : Aspen, PI ing and Zoning Commission~ City of Aspen Housing Director; Robert Smuggler Mob~le Homeowners' Park Assoc- / . -r.....'. .. -'''''1''~! ,...: "... .-"','''' t": . - ...."'tr:' . t.. ":':"""' . "__":,.'!'" 't ;.\ ,. . ~ !~ r ,I ,.to 1 il .. ~... , . i J ,.., ASPEN.PITKIN HEGIDNAL ,,.., BUILDIN\3 DEPARTMENT MEMORANDUM -------- ro, Alan Richman,)t? Herb Paddoc0Vand Bill Drueding ~ FROM: DATE: RE , Apr1l28,1981 Aspen Mountain Park The following are preliminary conceru~ regarding the Aspen Mountain Park condominiumization; 1. Exhibits #1 a 2 supplied to this department are inadequate to determine proper mobile home spacing. Exhibit,;2, the conceptual site plan is an approximation. This does not appear to show the numerous additions or out buildinR9 that have been added to the individual mobile homes. Many of these utility shed and additions are too close to other units. 2. Exhibit #2 shows mobile homes that will be relocated on the site due to encroachment into setbacks or taber mobile home sites. _ However, it appears that other units not scheduled to be re- located are also encroaching lnto segbacks or setting on other_ property line or mobile home sites. Eg. Units #1, #22, #46 #85, #72. 3. The buildin" department Questions the feasibility of the duplex trailer arrangement where one trailer is placed against another. Areas of concern are light and ventilation, fire separation and access & egress. lfill this arrangftlent allow the trailer hitch to be accessible as required by Section 14.5(d)(6). Many of the units do not have trailerhitchs. Eg. #49, #76, #81, etc. Others have built up landscaping making it impoBsible to remove the unit in case of fire. 4. Space #37 appears to have a new fence. The fence has been built without a permit and is too high for codes. 5. There ""ere at least 5 recreational vehicles parked illegally. Need a plan for recreational vehicles and over flow parking. 6. In general there are sheds, utility buildings and attached structures randomly scattered everywhere. We need some idea at to whether some of theBe will be abated or relocated on _ the proper lot and within the proper spacing. Please see the attached for the Electrical Inspector's comments. 508 E_t; Main St;rBet; A.pen, ColorlKla 81811 3C3/925-5973 ~ ASPEN. PITKIN I-IEGIDNAL '" aUILDIN"; DEPARTMENT HEMQ~~J:i.QgM TO: FROM: DATE; RE , Alan Richman, Planning Department Stan Stevens, Electrical Inspector April 28, 1981 Aspen Mountain Park Condominiumization A aurvey of the Electrical distribution system at the Smuggler Mobile Home Park was made on 27 April 1981. The following conclusions and attached detail problems were developed trom that survey. CONCLUSIONS: The electrical service supplied to a majority of the units at the Smuggler Mobile Home Park represents a present danger to lite, health and safety and should be corrected immediately whether the park is Bold or not. To dorrect the preaent defects and deficiencies would in general require a complete rewiring of the electrical distribution system from the utility company transformers throught to a new pedestal located within 30 feet of each unit including proper wire size, circuit breakers, and ground circuits. Although there are some services with 100 amp disconnects, even these have associated problems or deficiencies that would warrant rewiring in order to provide a safe electrical distribution system. No attempt has been made in this survey to evaluate the electrical capacity, installation or safety within or on any of the mobiI... homes. From the condition and abuses observed in the connecting service to these units, it can be assumed that many electrical safety problems presently do exist within these units. DETAIL PROBLEMS: 1. Meters blocked by masonry wall 2. Meters with CB's in common location with 8 to 14 (meter/CB) grouped together. 3. More than half do not have pede!;ltal/service. 4. CB at meter range from 20 amp 2P to 100 amp 2P with approximately ! below 50 amp and ! 50 amp or higher. SOB Ea.t; Main Bl:reel: A.pen, Colorllldct S'1S'1'1 303/ge5-6873 ,..., t"'\ MEMO Alan Richman Stan Stevans Aspen Idtn. Pal"k April 28, 1981 Page 2 5. Many disconnect panels do not have front protective covers (unprotected wiring when waterproof cover opened). 6. Wiring from meter group to mobile units as small as 3-#10 in many cases. 7. In most, neutral not bonded to grounding electrode conductor (ground circuit). 8. OthaT observed problems: a) Circuit connected to supply side of disconnect/CB 1.e. no protection against fault on circuit. b) Single underground wire separated from neutral exits from box and runs unprotected down to earth and in some cases towards a mobile unit not the same as the remaining circuit. c} At least one disconnect panel modified with larger CB and larger size wire. Panel not listed for that size. Neutral wire too large for neutral buss. As a result faulty connection off neutral wire. f"""". ,~ , , i i I I , I 1 I 1 i , MEMORANDUM TO:. Aspen City Attorney Engineeri.ng Department Jim Reents, City Housing Director Jim Marks_lunar; , City Water City Electric, /' ,Asp".n Metro Sanitation Mountain Bell Rocky Mountain Natural Gas FROM: Sunny Vann, Planning Office RE: Smuggler Trailer Park Conceptual Subdivision Submission I'\~~~\ ~a8,'1980 DATE: The attachedappll.cation requests approval for the conceptual subdivision for several divisions of the parcel and the addJ- ..tion of 26 mobile home units to the Smuggle.r Trailer Park property. Thi,s item is scheduled to come before the Aspen Planning and Zon-ing: Commission on January 6, 1980; therefore, may I please have your comments no later than December 24, 1980? Thank you. /" / -rifE )1(I'l!.... ,..,/i.}',e.,....'r-A_ Sl"l-...'T/+T'..... N-/STJr.,,,r c.~.....~.:> /"",~_ 'rt+6'~ tC..e.c.o.......e_ l"3"r"... 7" "ff' r .A_O~,,__,. -<I- V""" -- r.;;. r ..".. ... - I '7t::. !?;.-TIRL. So;l- Ar6.B . I~ ..,-,+1'3 ""'A 1<.1<: " ....,.[..1':-'7 ,- ,. ' r I'-~e."'r r 0 /le. (,It>,::Jt;A"'~"" /'r s I" If./':. (':.. '1''-'( / i / S t'.>e..."'- so '1""""''' ""''-I>S. 71-1/~ jVeF-I) r ]'0 /3j! /:>o.....r= l'1>eF""-t:. r"f,"tc.e ,/ S j>.1-'( Tl+d~",,.,.r t::=1'-'~'" rO ~e". -/~<<' ~. C. /'1.:>ree l~t:"'''TI "''"^.... v,.... IT-S , ~. /!'... ~k A /'1 s (-;) h~ 71 ". -- ,-, // (\ A" " ""rO" , r'MI'l\ ,'" \ " " ,~,<lc;.IVl'>~1 rp"r, ' .7 ,,< ~, " \("..x..,W"'t"-J ('"AI""'",,;;:;...... : __~ r '"" pitkin county: 506 east main street: aspen, colorado 81611: t1It1Q.B.A!!QQt1 TO: FROM: DATE: RE: Allen Richman, Planning Offi~~ Jim Hamilton, Housing Offi~ ~ Apri I 23, 1981 Smuggler Mobile Home Park As you anticipated, the County is 'extremely interested in the proposed additional development in the Smuggler Mobile Home Park. Our major concern centers around the proposed addition of twenty-six (26) new trailers and the need for an adequate circulation system which will be necessary as a result of the employee housing development being proposed north of the mobile home park. The County Engineer, Pat Dobie, and myself have investigated several possible circulation plans for the area. Nearly all of the plans call for a new road to be constructed immediately north of the property line of the mobile home park. To facilitate this construction, last fall the County entered into an agreement with the Aspen Mountain Park Partnership (M1P) to secure approximately one (1) acre of land on the northeast corner of the park. The alignment of a road through the one acre parcel would be adequate, but would require a cut of between 20 and 30 feet through a knoll on the Kuhne property., A more appropriate alignment of the road would be to the south of the knoll. This alignment, however, would require an additional easement from AMP and would be in conflict with AMP's plan to locate approximately eighteen (18) new mobile homes in that area. Of these eighteen (18) trailers, about ten (10) would need to be relocated. As a result of conversations with AMP, it is clear that they would like to accommodate our road alignment, but have few'options for relocating the ten (10) trailers to be displaced. We have investigated two possible relocation plans, neither of which are acceptable to the County. In investigating relocation possibilities, one of my suggestions was to simply eliminate the ten trailers. This suggestion was flatly rejected by AMP. Apparently there are several reasons for maintaining the development of all twenty-six (26) trailers. One of the major reasons, as explained to me, was so that the profits derived from the sale of twenty-six (26) new trailers would be used to improve the park in accordance with the provisions of the agreement between AMP and the '.. .-., -., Memorandum Smuggler Mobile Home Park April 23, 1981 PAGE TWO City of Aspen. It is my belief, and thi s has been expressed to AMP, that thei r profit expectation is unrealistically high. Therefore, the expected profit on the sale of new trailers will not provide an adequate amount of money in an appropriate time frame to facilitate the proposed improvements. Additionally, the County would not like to see new trailers placed in that, area. We feel it more appropriate to develop structures of a more permanent nature. In my opinion, the optimum development for that area would be as follows: 1) To have AMP grant an easement to Pitkin County so as to provide for a more appropri ate road a 1 i gnment. 2) Have Pitkin County give ,back to AMP the parcel originally given to the County for the road alignment. 3) Eliminate the plan to place 26 additional trailers in the park and replace them with a more permanent structure on the one acre parcel given back to AMP. I feel that this proposal would provide for more open space in the park for the existing tenants; would provide better and more permanent housing opportunities for employees; and would have a more positive impact on the surrounding neighborhood. ,-.. ,-.. MEMORANDUM TO: Alan Richman, Planning Office Jay Hanunond, Engineering Department ~ ';;)Q (Dj1;"~t:"" .,.,'1 l' o I) OJ ~ ;tL:._q <"II II fi~(" iii li\1 ,1\ 'I" 'I'l l~ I\PI(24 '1981 ~lj ..~ .~.~;" AsP'!i:N1 / PITKIN CO, ~"H\NNING OFFICE FROM: DATE: April 22, 1981 RE: Smuggler Mobile Home Park Revised Conceptual Subdivision Submission The revised conceptual subdivision submitted by the Aspen Mountain Park Partner- ship represents a significant improvement over the previous plan in terms of circulation and efficient use of limited space. Relocation of access to the west side will encourage residents to approach the park from the Mill Street side rather than the already congested Park Avenue or Neal Street. Should the County proceed ~ith construction of a through road north of the park, it would be an easy matter to add further access from the north. Elimination of some internal streets also serves to provide greater open space and increased room between trailers. While the current submission is an improvement in many ways, there remain concerns that have not been fully addressed: A. Subdivision/Parcels 1. There remains a concern over the legal status of parcels Band C since neither parcel fronts on a private or public street. Depending on whether the'County can obtain a street dedication to the north of the park, it may be necessary for the developer to dedicate a private access to both parcels. A commitment from the County regarding the disposition of Parcel B could also mitigate the need for access. 2. Apparently the application is being handled as an S.P.A. It should be noted, however, that Parcel E, at approximately 10,020 square feet, would represent a non-conforming lot in the surrounding R-15 Zone district. It may be possible to simply expand Parcel E to the 15,000 square foot minimum. B. Trailer Additions I have spoken briefly with the Building Department regarding the proposed "duplex" trailer arrangement for the twenty-six new units. They expressed some concern over the duplexing idea and were not aware of any standard in existing building or mobile home codes that would permit such an arrange- ment. I have asked that they be sent a copy of the submission for comment. C. Roads and Rights-of~way 1. The site plan includes 40 foot setback lines from Gibson Avenue in two locations as well as a 30 foot setback from Spruce Street. It would be our suggestion that the developer be required to dedicate right-of- way at these three locations to acconunodate the needed expansion of both Gibson and Spruce. Smuggler Mobile Home ~k April 22, 1981 PAGE TWO ,-.., 2. The revised internal circulation plan serves to improve radii for fire equipment access as well as creating a wide and better defined street system. Rights-of-way within the park, however, remain insufficient to permit city dedication for maintenance and snow removal. D. Utilities 1. Water - Samples of the existing galvanized mains removed from the system recently by John Hawkins and submitted to the City Water Superintendent proved to be in surprisingly good condition. While the system remains inadequate to permit conveyance to the City, it would appear to be adequate for most domestic needs within the park for the next ten years. Please refer to the attached memo from Jim Markalunas dated April 10, 1981. 2. Sewer - We are still awaiting a report from Wright-McLaughlin regarding the condition of.the existing sanitary sewer. 3. Drainage - It is my understanding that further site plans will include drywe11s to accommodate runoff. ,"" ~ Aspen/Pitkin Planning Office 130 sou th ga lena's tree t aspen, colorado.>81611 April 20, 1981 TO: Jim Hamilton FROM: Alan Richman RE: Smuggler Mobile Home Park Conceptual Submission DATE: April 20, 1981 As I am sure you are aware, we have received an application which pro- poses division of the existing Smuggler Mobile Home Park into five lots, the relocation of several mobile homes and the addition of 26 new mobile homes. This item is scheduled to come before the Aspen Planning and Zoning Commi ssi on on May 5, 1981. This request has numerousimpl i ca- tions upon matters which are of concern not only to the City but also to the County. Specifically, I refer to the relationship of this proposal to anticipated work on the Smuggler Mountain Area Plan, on which we expect your participation. I am su~e you have concerns related to cir- culation, open space and housing density. Therefore, I would very much appreci ate it if ,we coul d get your comments on the attached app 1 i cati on. Since my memorandum will have to be written by April 30, I would need your comments by April 27. Please call me if you have any questions. ..-/ ~~---- -- ',> "......, ~ ;.." M&I consulting engi~ 4710 South College Ave. Fort Collins, Colorado 80525 Telephone (303) 226-2323 i '~--_// April 10, 1981 Board of Directors Aspen Metropolitan San. Dist. Aspen Sanitation District 565 North Mill Street Aspen, CO 81611 Gentlemen: M & I, Inc. would very much like to be considered for engineering services for your plant expansions and future studies. We have cOnsiderable experi- ence with plant expansions such as yours and would propose the strongest design team possible to the District. M & I invites all of the Board members to tour our wastewater treatment facilities under construction in the Vail-Avon area. These project include: Total Expected Client plant ~ Capacity Completion Upper Eagle Valley Squaw Creek Extended aera- 0.5 (First Dec. 1981 San. Dist. tion, Act. sludge phase) Upper Eagle Valley Avon Act. sludge foll. 3.2 May 1981 San. Dist. by nitrification Vail Water & Vail Act. sludge foIl. 2.7 May 1982 San. Dist. by nitrification These projects are the result of a 201 Feasibility Plan for the Upper Eagle Valley Sanitation District which includes the Gore and Eagle Valleys above Avon. In the alternatives investigated in the study, our analysis included joint use and consolidation of the treatment facilities. ^" ,...." ,~ Board of Directors April 10, 1981 Page 2 If there is interest, we would be happy to arrange a tour at your conveni- ence. We have an office in Avon and have been actively involved in water and wastewater facilities in the Vail Valley sinc,e 1975. The attached newsletter highlights 13omeof the proj",c ts and o,uroffice there. M & I developed a preliminary Survey of your wastewater treatment facili- ti",s in May 1976 under an EPA grant. Similarly, we would like to make a.rrangements to ,tour your plant in the near future to become acquainted with improvements made since our study, Very truly yours, M & I, INC. Vie tor VRMI j s Attachment ~ ,~ ASPEN WATER DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: JAY HAMMOND - CITY ENGINEER JIM MARKALUNAS YOUR MEMO OF 4.,.7-81, SMOGGLER TRAILER PARK WATER SYSTEM APRIL 10, 1981 I have looked at the pipe you brought up and consider it in exceptionally good condition, considering it was installed, to my knowledge, sometime in the early 60's. This pipe is at least 15-20 years old. I believe the north sample was installed in the late 60's early 70's. From my experience, I believe you could get another 15-20 years life out of this pipe. Please be advised that there is evidence of deterioration of the galvanic coating on the exterior, particularly ,the sample marked, "W." And dependent upon localized conditions, certain segments could fail earlier; but I am certain, under the worst of conditions, in not less than 10 years. Secondly, given the numb",r of trailers served, the existing p1p1ng is somewhat smaller than standard and/or there are too many trailers for 2" lateral. Therefore, it is possible during peak use, the trailers might experience an inordinate drop in pressure. However, I don't believe it would be significant enough to warrant the replacement of the lines. You might check with some of the long-time residence of the trailer court in respect to this. It would be my recommendation that, given the localized conditions, that you leave well-enough alone and make use of the existing system, and at some future point in time, lay new lines in the access areas, rather than under the trailers. Please keep in mind that this is somewhat like predicting the weather. 7 ^ -- 7Z/I~ Aspen/Pitkin Planning Office 130 south galena street aspen, colorado. 81611 . MEMORANDUM "\t.~ (o~J'l~"\'-l TO: i- City Attorney ~es Engineering Department , '/-. City Housing Director "tt~ City ilater Department 'I-.cit:Y Iile€tl"i€~o\,,\~<;,s (\e.v~'~ '-ItS ~ Aspen Metro Sanitation " Mountain Bell "I.""S. Rocky Mountain Natural Gas '\~ '" ~'vJ.,;j, ~+I '4i'rt f}1!Aysi1o.l1 FROM: Alan Richman, Planning Office RE: Smuggler Mobile Home Park Conceptual Subdivision Submission DATE: April 9, 1981 The attached application is a revised request for conceptual subdivision approval for the Smuggler Mobile Home Park. The project contemplates division of the existing park into five lots. Several mobile homes will be relocated and 26 new mobile homes will be added. This item is scheduled to come before the Aspen Planning and Zoning Commission on May '~, 1981; please return any comments you may have to the Pl anni ng Offi ce by Thursday, Apri 1 .23. ~"-.:':.:.:, ':::' ..---....-->'";"'-=j=.__~\(.-",.');......:."'" Thank you. '_""~""e""",~''"'~''''''-- Nole ~ Is:eflf I/$/r pial me(rs - )1UgMI should bl'i'iJ 111Ore- A~b ,..:r~ave ..f/1efYl tlYl-l;f M{)Yl 6'1 lUes -/0,.. rdetrtrl ('omevdi AMelr"'t ,~ ,~ Aspen/Pitkin Planning Office 130 south galena street aspen, colorado 81611 i\SPEN IPITW;N'C(,.. . . .' " [. , ~ ! .' n. . Pli.>,NiVl",\j{:' /".;,:^'-"(,,"' . ," ~.'"'. '.J('r P..,...i: t MEMORANDUH TO: City Attorney Engineering Department City Housing Director City Hater Department City Electric Aspen Metro Sanitation Mountain Bell Rocky Mountain Natural Gas FROM: Alan Richman, 'Planning Office RE: Smuggler Mobile Home Park Conceptual Subdivision Submission DATE: April 9, 1981 / The attached application is a revised request for conceptual subdivision approval for the Smuggler Mobile Home Park. The project contemplates division of the existing park into five lots. Several mobile homes will be relocated and 26 new mobile homes will be added. This item is scheduled to come before the Aspen Planning and Zoning Commission on Hay 5, 1981; please . return any c.omments you may have to the Pl anni ng Offi ce by Thursday, Apri 1 .23. Thank you. . . . /) . ~ ~- 0 . );// ~ l):>...:,1r- Cct-,.v(/rvo..e-v~~ evr-e ~~ ~r-"-- [v~/71I.r- ~ J"'rr 77J~ao tXV.";fJ4 a/~ ~M<J.4J~"'tr ~. [)n--e ~~~~ 'if 7J1~ ~~2h, t o~ cf4 ;tj;;;t- $J-'. ~r -l d~/T &aAr---~#r ~/-~~--?~J/>:!lap ~~~ I-y---tir?;;~ 4-&~ --c--~ 1 .~:::a{,_V{J>~ ' ... [dt~f~~- . 'lJ ~f ,If)tU'c&'jP~ &c~wJlal& ~. ,....." Aspen/Pitkin Planning Office 130 south galenastreet aspen, colorado 81611 J\ MEMORANDUM TO: City Attorney Engineering Department City Housing Director City Hater Department City Electric Aspen Metro Sanitation Mountain Bell Rocky Mountain Natural Gas FROM: Alan Richman, .Planning Office RE: Smuggler Mobile Home Park Conceptual Subdivision Submission DATE: April 9, 1981 .'--.- The attached application is a revised request for conceptual subdivision approval for the Smuggler Mobile Home Park. The project contemplates division of the existing park into five lots. Several mobile homes Hill be relocated and 26 new mobile homes will be added. This item is scheduled to come before the Aspen Planning and Zoning Commission on May .~, 1981; please return any comments you may have to the Planning Office by Thursday, April 23. Thank you. )/~ ~ ~ ~ .(J'-c:.- ~ ~ ~ ~~ . ~& ~. ~~ A-'7s I':> - /7/ (j ,-., -- LAW 0 FFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATE:.S ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN PROFESSIONAL CORPORATION SUITE 200 600 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 April 7, 1981 AREA CODE ~03 TELEPHONE 920-\700 City/County Planning Office 103 S. Galena Street Aspen, Colorado 81611 Attn: Richard Grice Re: Aspen Mountain park/ Pitkin Reserve Conceptual Submission Dear Richard: You have asked me to supplement my April 2, 1981 letter to you -- specifically with respect to the paragraph regarding so-called Parcel A of the proposed trailer park subdivision. Parcel A, as you know, contains the 87~ trailer spaces and mobile homes that comprise the present trailer park. Pursuant to the Settlement Agreement, the spaces themselves are to be sold to the mobile home owners at a mean per space price of $25,000.00. From the time of sale and thereafter, the mobile homes and the trailer spaces will be restricted in terms of rental and resale price controls to the ranges set forth in the housing price guide- lines from time to time adopted by the City. It is my understanding that the City Housing Director is formulating the precise mechanics and control formulas, which I believe will incorporate a fair market value appraisal of the indi- vidual trailers, which when added to the land cost will establish a base price against which a yearly escalator consistent with housing guidelines will be applied. Since the park owners own only the real estate and the mobile home owners own only the trailers themselves, technically the conversion from uncontrolled housing to deed restricted housing requires a combined effort of the park owners and the tenants. Please call me if you have any questions. RWH/caa - f""'., .--. '. MEMORANDUM TO: Tom Dunlop FROM: Alan Richman, Planning Office ~ RE: Forecast of Residential Construction in the Aspen Metro Area during 1981 DATE: April 6, 1981 '., This memo is in response to your request for an evaluation of the anticipated residential buildout in the Aspen MetrO Area during the coming year to assist the Aspen Metro Sanitation District in their planning. The analysis I have ' performed provides only a staff level estimate of the order of magnitude of expected construction; this information in no way represents adopted City or County policy. You should also be aware that the Planning Office will be undertaking a re-assessment of the Growth Management Plan this year which may result in changes in the rate of growth in the area. To accommodate many uncertainties inherent in this analysis, I am providing you with a low forecast based on historical supply trends as well as a high forecast based on the future demand which might be expected. Three factors underly this analysis including: - The quota of residential units available under the Growth Management Plan (GMP); - The actual numbers of , building permits that have been requested during previous years; and _ The measured demand for units which are exempt from the GMP (employee housing units), Each of these factors is addressed in detail below, GMP Quota - The GMP allows 39 free market units to be constructed each year with the City of Aspen and an additional 27 residential units in the remainder of the Aspen Metro Area. These numbers can vary on a year-to-year basis due to two provisions of the Code: 1) Units constructed which are exempt from the quota (i.e., a single family or duplex structure on a lot subdivided prior to the effective date of the GMP) are subtracted from that year's available quota. As a result, in the City of Aspen, in the last two years only about 15-20 units were available . due to exemptions being deducted from the quota, 2) In any year, the City Councilor BOCC may, at their discretion, award a bonus of up to 20~~ of the total number of units avail ab 1 e, sai d bonus to be offset duri ng the fo 11 owi ng fi ve yea rs. '._ Therefore, for purposes of this analysis, it should be assumed that 66 free market units may be built in the Aspen Metro Area in anyone year, with a possible bonus of 13 additional units available during anyone year. The question then becomes, h0\1 many of these units will be built during the coming year? The recent 1981 competition in the City awarded a total of 45 free market units to three separate projects, due to units being carried over from previous years. I would estimate that of these units, nine will most likely be built this year while the other 36 will probably not complete the develop- ment revie\~ process this year. In addition, 55 units which were authorized in previous years have not yet been approved; it is unclear at this time whether, they will receive final approval this year. In the Aspen Metro Area, the 1981 competition will take place in June. Due to tlie fact that 44 buil di ng permits for units exempt from the GMP were issued in 1930, no quota remains available for 1981. HO\1"Ver, the Code provides that " .... 1""'. .-\ ~, Menlo: Forecast of Residential Construction in the Aspen Metro Area during 1981. April 6, 1981 Page Two a minimum of 8 units shall be available for allocation,each year, so this number can be expected to be open for competition, though I wouldn't expect them to be built in 1981. In addition, 10 free market units were allocated in previous years and have not yet been built, but could be built in the near future. Building Permits - As was mentioned above, 20-25 single family and duplex units have been built in the City during the previ ous two years while 40-45, such units have been built in the County Metro Area during this time frame. These numbers provide a useful estimate of expectations in coming years; they do not include emploYf!e housing projects such as the 80 units at Castle Ridge which are exempt from th~ GMP competition. Employee Units - At the present time, there are 16 units authorized by the City GMP and 16 units through the County GMP which are to be employee units and which should be built this year or next. In addition, the new incentive ordinances such as the residential bonus overlay should create additional employee units, estimated for 1981 at 10-15 units. Projects such as Marolt's Castlewood-Headgate (73 employee units) and Little Annie could significantly add to this total but are not'included in the present forecast. Demand-Oriented - Based on County Housing Department Analysis, a total of 575 employee units are needed over the next five years simply to meet existing de~ ments. Should this need be met, an additional 115 employee units would be con- structed each year, to include the projected 217 units at Silverking and other' possible developments in the Smuggler-Red Mountain Area. Summarizing then, here is the estimate, on an order of magnitude basis, of the residential buildout which may be expected in the Aspen Metro Area during 1981. Supp ly Ori ented 1) Building Permits 25 Ci ty 44 County Metro 2) GMP Allocations Free Market 9 City - 1981 10 ,County - previous years 3) Employee Units 16 GMP City 16 GMP County 15 City RBO, County additional dwelling units and other TOTAL = 135 Demand Oriented - An additional 115 units/year or a total of 250 units in the Aspen Netro Area would be constructed under this scenario. COMPl...~ETE ENGINEERING SERVICES IN THE SPEC1Al...TY~OS OF 4\" - WATER SUPPLY AND DISTRIBUTION WATER AND SEWAGE TREATMENT SEWAGE COl...LECTION AND REUSE STORM DRAINAGE FIRE PROTECTION FLOOD CONTROL OTHER WATER.ORIENTED PROJECTS .\NRIGHT-MCLAUGHLlN ENGINEERS ~ ENGINEERING CONSULTANTS ~ 2.42.0 Al...COTT STREET DENVER, COl...ORADO 902.11 (303) 4:58-62.01 ASPEN RONAl...D C: MCl...AUGHl...IN KENNETH R. WRIGHT HAl...FORO E. ERICKSON OOUGl...AS T. SOVERN Wll...LIAM C. TAGGART DAVID J. l...OVE ROBERT 1... CARLEY RONALD B. CLONINGER JAMES B. FLOOD JOHN T. MCLANE GENE A. BURRELL WILLIAM R. KENDALL MICHAEL E. MERCER JOHN~LAUM JIMMIE D. WHITFIELD ROBERT A. FERGUSON J. HAROl...D ROBERTS JACK W. STEINMEYER LEANDER L. URMY April 6, 1981 Board of Directors Aspen Metropolitan Sanitation District 565 North Mill Street Aspen, Colorado 81611 RE: STP Expansion to 4.0 MGD Gentlemen: We have been in-eon.'t.a;ct, with Dick Bowman regarding loading conditions at the plant. During the Christmas holidays the plant operated at levels of 2.9. mgd or ninety-six (96) percent of design hydraulic capacity. State regulations provide that sanitation authorities initiate plans for expansion at 85% design capacity with new facilities in service at 95%. We have an unusual situation where the facility is near design capacity for thirty (30) days in a year of operations. Mr. Bowman has indicated the procedure for us to follow regarding the propsed expansion: 1) Prepare a preliminary engineering report for the project with an implementation timetable. . 2) The plan should address all design elements of the plant including nitrifi cati on. 3) The report should be submitted to the water quality control commis- sion for a ruling as to whether the commission will allow loadings in excess of 3.0 mgd during the period tllie plant is being expanded. In addition, the commission must decide on whether or not to require additional nitrification facilities. 4) Upon commission approval of preliminary engineering, the final design of facilities may proceed. To date, the facility has an excellent record, and no history of consistent violation. Therefore, it appears unlikely the state will impose a tap moritorium, as long as the District is pursuing expansion plans. Wright-McLaughlin ,Engineers will prepare the report on an hourly basis for a maximum of $5,000.00. Time spent negotiating with the state will be billed BRANCH OFFICES ASPEN 0139 VENTNOR AVENUE ASPEN. COLORADO 8161 1 DILLON LAKE DRAWER 8 FRISCO, COLORADO 80443 . GLENWOOD SPRINGS P. O. BOX 219 GLENWOOD SPRINGS, COLORADO 81601 STEAMBOAT SPRINGS P. O. BOX 5220 STEAMBOAT VILLAGE, COLORADO 80499 CHEYENNE 3130 HENDERSON DAIVE CHEYENNE, WYOMING 82001 _n..."...~.._, - ~. ~ ~.:;.t. ". Board of Directors Aspen Metropolitan Sanitation District April 6, 1981 RE: STP Expansion 4.0MGD separately. We would be happy to answer any questi ons you may have regarding thiS . matter. Very truly yours, WRIGHT-McLAUGHLIN ENGINEERS B~ ,13 c.%d ames B. Flood cc: Ron McLaughlin - WME, Denver JBF /mc 5-14.14c /''''''''''', t"""'\ LAW OFFICES OATES, HUGHES Be KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARO A. KNEZEVICH OEBORAH QUINN PROFESSIONAL CORPORATION SUITE 200 600 EAST HOPKINS AVENUE ASPEN, COLORADO BI611 April 2, 1981 AREA CODE 303 TELE~HONE 920-1700 City/County Planning Office 103 S. Galena Street Aspen, Colorado 81611 Attn: Richard Grice Re: Amendment to Smuggler Mobile Home Park Conceptual Submission, dated March 18, 1981, and Pitkin Reserve Conceptual Submission Dear Richard: At your request, and as we have discussed over the past several days, this letter shall serve to clarify the above-referenced conceptual submissions as follows: 1. Smuggler Mobile Home Park. The five-parcel subdivision contemplated under this submission, we believe, might be sustained under existing legislation as follows: a. Parcel E. Given that this parcel is to accommodate the relocation of the existing victorian home within the Park, the creation of this lot is excepted from the GMP pursuant to Section 24-11.2 (d) --Le. ,the lot split exception. b. parcels Cand D. These parcels are proposed for the expansion of the Park by some 26 mobile homes as is more particu- larly described in the Settlement Agreement that has been incorporated into the original submission. Given that these areas are to be developed (with the addition of mobile homes) and sold as controlled (i.e., middle income) housing units at prices within the range set forth in Resolution No. 18, Series of 1980 of the Aspen City Council concerning housing price guidelines, these parcels should be excepted from GMP under Section 24-ll.2(h). c. Parcel B. This parcel has been proposed for dis- connection from the City of Aspen by the application of the appli- cants herein filed with the City Clerk on February 24, 1981, pur- suant to Sections 31-12-501, etseq C.R.S. 1973. We have been given to understand (by the former CIty Attorney) that when disconnected this will operate as a de jure/de facto subdivision. ~, ~ OATES, HUGHES & KNEZEVICH, P. C. Richard Grice April 2, 1981 Page Two d. Parcel A. Parcel A is the parcel that remains after the subdivision of the above-referenced lots and contains essentially the present "as developed" Smuggler Trailer Park. Since no development is to occur, the creation of this parcel as such is not covered by the GMP. 2. Pitkin Reserve. The twelve free market units con- templated by this submission should be reviewed under existing legislation in terms of the so-called 70-30 exception from GMP, [Section 24-ll.2(i)]. The controlled deed restricted units to be considered in this analysis are those above-described and proposed for development on parcels C and D of the Smuggler Home Park. This analysis yields eleven of the twelve free market units proposed. The remaining unit proposed (as well as the balance of the 19 free market units described in the Settlement Agreement above-mentioned) should be reviewed in terms of the so-called 90-10 ordinance that has been drafted by us and proposed for adoption as an exception to the GMP, again pursuant to the Settlement Agreement. I believe this answers your recent questions. More importantly, I believe that it is important and request that you so consider, review and advise the legislative bodies to which the submissions are to be reviewed, that both of these submissions emanate from the single Settlement Agreement, which integrates the two. As such, both submissions might be reviewed as separate phases of a single project -- approval of each phase being conditioned upon approval of the other. Needless to say, please call either myself or Rick Ferrell if you have any questions. Thank you for your consideration. , HUGHES & , P.C. RWH/caa " ,~ MEI10RANDU11 TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Smuggler Mobile Home Park Conceptual Submission DATE: May 8, 1981 At your meeting on May 5th, you tabled the applicant's request for conceptual approval pending a site visit to the property and surrounding areas to be impacted by the proposal. There was also an expectation that additional information would be received from the applicant. To refresh your memory, the site visit is scheduledfor May 12 at 5:00 P.M. at the main entrance to the existing park at Gibson Avenue and Neale Street. We will be looking at some of the problems on the existing site and will also be shown some of the areas where the County is considering developing new roads and housing for employees. Jim Hamilton, Pat Dobie and Jay Hammond will accompany us on this trip. In terms of new i nformati on, the foll owing has been accompl i shed to date. I have enclosed copies of the conceptual maps prepared by the applicant for your review. Please bring the original memo I prepared for your last packet to address many of the review concerns we have with the proposal. At the previous meeting, you expressed the need for more or revised information regarding: - Access and egress to and from the site; - Cut and fill plans for the new trailer locations; - Landscaping plans; - Employee housing guidelines; and - Accof1Jllodation of the County plans for the SilverkingjSmuggler Mountain area. In the intervening days since your last meeting the applicant has spent a great deal of time negotiating with the County to accommodate their plans and developing a conceptual basis for incorporating these plans within the overall development expectations of the settlement agreement. As a result, the Planning Office and Engineering Department have not proceeded much fur- ther in their review of the site plan before you, since it appears that an amended conceptual presentation may be submitted by the applicant. Neverthe- less, a brief outline of the plan now under review reveals that: ---- - It shows only 22 and not 26 new trailers, with 20 in a duplex arrangement and 2 as single trailers, all being located in either Parcel A or C, with Parcel D beingtotally.eliminatedfrom the pro- posal; and It provides a better overall spacing arrangement for the trailers through additional relocations as well as trailer shifts in place to provide improved safety and circulation patterns. The new site plan does not address access and egress problems, potential topo- graphic problems, landscaping or employee housing guidelines. In fact, no new information has been received as regards any of these issues, although the - applicant intends to make it available at your meeting. The Planning Office has initiated its Smuggler Area Plan and has developed a conceptual map for you to view the circulation and other problems in the overall area. The Planning Office recommendation for this application remains as it was at your meeting on May 5, 1981. "., ..-- ., -- .~ SMUGGLER MOBILE HOME PARK CONCEPTUAL SUBMISSION Aspen Mountain Park Partnership by Interwest Realty March 18, 1981 - , ~- 'B-J)tc)",lol\)I' t,- D~ . c- L~~'l\. ~ ~. SMUGGLER MOBILE HOME PARK CONCEPTUAL SUBMISSION In compliance with the City of Aspen Land Use Code and the Special Planning Area Zone category, the Aspen Mountain Park Partnership hereby submits this revised comceptual presenta- tion for consideration and approval by the City of Aspen. This application requests that conceptual submission sub- division approval by granted, and approval be granted for the proposal developement. THE SITE The site consists of approximately 11.8 acres bordered by Gibson Avenue and Spruce Street on the South and West, and Pitkin County to the North and East. A vicinity map is provided as Exhibit I. Currently 87 mobile and modular homes are in place on the 88 available spaces, in the central portion of the site. These homes have traditionally been a major source of employee housing for the City of Aspen, due to their reasonable price and location convenient to town and bus transportation. PROPOSED PROJECT This proposed project has previously been agreed to by the City of Aspen, the Smuggler Mobile Home Owners Association, and the Aspen Mountain Park Partnership (see attached Settlement Agreement). The project contemplates division of the existing park into five lots (see maps I & II), four of which can be drawn within the framework of existing Growth Management Plan exemptions (see for example city codes pertaining to lot splits and controlled housing). The fifth lot is currently the subject of a petition to disconnect (attached) to place it in the jurisdiction of Pitkin County; this effec- tively causes its subdivision. ,~ - .,-" ~. ~ . t Page Two Smuggler Mobile Home Park Conceptual Submission MAP DESIGNATION A. The central, major parcel (approximate,ly 8.86 acres encompassl.ng the current mobile home locations) will become the Smuggler Mobile Home Park Cooperative, where current Park residents will have the collective right to purchase a share in the cooperative, representing their mobile home space, for an average price of $25,000. B. The smallquadilateral shaped parcel to the Northeast (approximately .41 acres) will be deeded to Pitkin County. C/D. The two parcels Northeast and West of the Cooperative (area totalling approximately 2.30 acres) will have 26 additional mobile, homes placed. Consistent with the employee orientation of the development, these homes and spaces they occupy will be offered for sale at a purchase price not to exceed $70,000. To accommodate the new units, mobile homes will be placed in a duplex arrangement. As these units are contiguous to the existing Smuggler Park, they will share common expenses such as snow removal, etc. E. The small (approximately .23 acres) triangle to the South will have relocated on it the Victorian-style single story frame house currently situated on the Western border of the property. SMUGGLER MOBILE HOME COOPERATIVE - PHYSICAL MOBILE HOME RELOCATIONS/ADDITIONS Five existing mobile homes will be relocated to new sites within the park (mobile homes #28, 40, 58, 74 & 84-see map II). Relocations will be made to: satisfy the requirements of the existing Settle- ment Agreement for the addition of 26 new mobile home units; provide. more uniform mobile home spacing for current residents; and to comply with city regulations on road access for fire vehicles. ~...- ~ ~ .~ Page Three Smuggler Mobile Home Park Conceptual Submission Anticipated but not indicated onthe.:;>plan=_aE'el:ai:linor_re!Locations for mobile homes #6, 38, 41, 49., 57, 60, 64, 65, 79., 80, 81, 85, 86, 87, and 89., to provide more uniform lot sizes and a 40' road right of way. The recommended plan does not place a new mobile home in existing lot #88 (vacant due to a burned mobile homel, to provide greater space for existing mobile homes. The existing laundry room (current space Ji:35l will be demolished, and space used to relocate mobile home #40. A new laundry room and coop office will be constructed on the eastern property boundary, adjacent to mobile home #55. TRAFFIC FLOW Traffic circulation within the park, will be signiiicantly al~ tered with. eLLmination of the existing park entrance at the intersection of Gibson Avenue and Neal Avenue, the southermost interior E/W Road, and the western N/S collector street (see map Ill. Our objective is to accommodate the 26 new mobile homes while minimizing relocations of existing horoes, pDovide more open space and establish a safer neighborhood street system~ UTILITIES SERVICE SMUGGLER MOBILE HOME COOPERATIVE As part of the sales agreement to current mobile home residents, the Aspen Mountain Park Partnership will provide a xund of $2,500 per space sold, to be appli.edto utilities and Park improvements as necessary. The nature, cost and scope of capital improvements. are currently being explored, notwithstanding this fund, with the objective of providing a healthy and safe living environment. " . .,..,.~ ~ "', .....~. ~ f"', .~. Page Four Smuggler Mobile Home Park Conceptual Submission 26 ADDITIONAL MOBILE HOMES On parcels Northeast and west of the Cooperative, new utilities (water, sewer, electricity, gas) will be installed to service the 26 additional mobile homes. RESALE PRICE CONTROLS Consistent with the controlled employee housing nature of the entire project, all spaces (coop and expansion units) will be restri'cted in terms of resale price controls on mobile homes and spaces. Controls will be determined jointly by the City and the applicants, to both provide a fair return on investment to the new owners and preserve a vital portion of Aspen's Employee Housing. ASPEN MOUNTAIN PARK PARTNERSHIP (signed) ,-,.. ~XHIBIT . I \, .CINITY MAP --...-,..... . , -, ...-.--..;-'\"'--. / \ ~ ~ ? "' ... . . ------- \ '-....... --.l-.._~ ~~ c,t< ......,. ,)o\? O'~9. 't'< --- ~J.~OJ .~' \ " ~.......-... 6689 --------- ----.. ~{~ . -~ --- ,L_. . ------.. J,- __ __~ --r. )(J11t8 1 6'~"'"1 i98g ~",-,~' r-- '.-:0 ~'7'Dn"s ).....,_0.., , . "----..,'.....----..,[., , n~'. NO~,O 3n1r.v , Pltl-tJ ~.~ ............._. Um . T-l' ~;..et;. ~:::> '\ ' 11)-' " "-", . '.lOll'_ ...... , 'J'/ .'/\ ['..: ..I'.'":, '." ~/ I """ ., . / ':___~I"""-l- ~\a::'\': -~. I , ".~/I I. \.. "1" ~ . / \ / I, f z o - (f) en ..;... ~ en j) (j) I I R-15 i SMUGGLER TRAILI;-R-'---"'. : iPA. RK' SUBDIVIS.!2:N'""' -"II)~< , / 1 1 . 8 " ~~ / . ';" Y~{t . a:.- \,~ / ,,:\ \ // ,,;, ,/' .,. >0 iJ <( ::J) 14- a. UiJ o Z o o \ // /. .~-::./ (( '"'' \ \ \ )( \ ( )6\ I / ,// - \ I , " "0 <Il <lJ c: 1315'GRANDAVENUE MOFFATT: DAKAN GUY ASSOCIA TES'PC GLENWOOD' SPRI"'(H~ ' I'nl ^D A "'^ ."~ - ,; ~ -." II 80-12-05 OWNERSHIP AND ENCUMBRANCE CERTIFICATE ASPEN TITLE COMPANY HEREBY CERTIFIES from a search of the books in this office that the Owner of A Tract of land situated in a portion of EAST ASPEN TOWNSITE, THE East one-half of the Southwest one-quarter and the West one-half of the Southeast one-quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M. (Please see attached page for full legal description) Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of ASPEN MOUNTAIN PARK and that the above described property appears to be subject to the following: 1. Deed of Trust from Aspen Mountain Park to the Public Trustee of Pitkin County, Colorado, for the use of First National Bank in Aspen, to secure $800,000.00, recorded January 5, 1979 in Book 361 at Page 115. 2. Deed of Trust from Aspen Mountain Park to the Public Trustee of Pitkin County, Colorado, for the use of Nelson Smith, Jr. and Shirley Claire Smith, to secure $461,500.00, recorded January 5, 1979 at Book 361 at Page 127. 3. A Security Agreement from Aspen Mountain Park, Debtor to First National Bank in Aspen, Secured Pary, to secure $800,000.00, recorded in Book 361 at Page 315. 4. Assignment of Rents and Leases between Aspen. Mountain Park and First National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 319. 5. Assignment of Partnership Interest between Thomas A. Pollak and First National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 325, and re-recorded April 2, 1979 in Book 365 at Page 780. 6. Assignment of Partnership Interest between William A Levin and First National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 330, and re-recorded April 2, 1979 in Book 365 at Page 786. 7. Assignment of Partnership Interest between Alexander E. Lipkin and First National Bank in Aspen recorded January 9, 1979 in Book 361 at Page 334 and re-recorded April 2, 1979 in Book 365 at Page 792. Please see attached Searched subsequent to Exhibit "A" December 12, 1978 Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, or a guaranty of title. Dated at Aspen, Colorado, this 3th day of December A.D., 1980 at 8:00 A. M. NOTE: although we believe the facts stated herein are true, it is understood and agreed that the ASPEN TITLE COMPANY liability of Aspen Title Company will be limited to the amount of the fee charged hereunder. BY ~r .P1~Q FEE $ 75.00 !:im~:~IJ~i' !' "-_>><Jp : _ -''';''} I / / / r-., -- ,/ EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF 1180-12-05 8. Agreement for Amendment of Tru13t De~d betw~en First National Bank of Aspen, Lender, Home Savings Association. of Penna. and Geld Mills, Inc., Participants, and Aspen Mountain Park, Borrower, r~corded February 1, 1980, in Book 383 at Page 64. 9. A Lease between Aspen Mountain Park, Lessor, and Aspen Mountain Park, Lessee, for Lot 1, Aspen Mountain Park, recorded August 3, 1979 in Book 373 at Page 658. 10. Assignment of Lease between First National Bank in Aspen and Aspen Mountain Park for Lot 1, Aspen Mount~in Park recorded August 3, 1979 in Book 373 at Page 656. 11. Trade Name Affidavit for Aspen Mountain Park Partnership, recorded November 14, 1978 in Book 358 at Page 12. (Please see attached copies of all instruments) ^".~. """-""""'~'-' :ji:tm~!W~,~!j" ,-" -., ATTACHED TO AND MADE oA PART HEREOF 1/80-12-05 LEGAL DESCRIPTION A tract of land situated in a portion of the East Aspen Townsite, the East one-half of the Southwest one-quarter and the West ~ne-half of thl Southeast one-quarter of Section 7, Township 10 South, Range 84 West 0: the 6th P.M., described as follows: BEGINNING at Cotner No. 10 of the East Aspen Townsite: thence North 54052'17" West 58.10 fect to Corner No. 11 of said East Aspen '1'.oIHlsite; thence N6rth 6,011'00" West 142.33 feet: thence North 05010'42" West 114.35 feet to Corner No. 16 of said East Aspen Townsit",; thence North 44029'22" West 312.67 feet to Corner No. 25 of said East Aspen Townsite along the Northerly boundary of parcel of land describcI in Book 205 at Page 579, Pitkin County records; . thence North 45012'59" West 128.83 to Corner No. 24 of said East Aspen Townsite along a portion of said Northerly boundary; thence North 24005'24" East 139.28 feet; thence North 37011'41" East 20.25 fect; thence South 44035'50" East 12.15 feet; thence North 29003'05" East 102.32 feet along an existing fence and extension thereof; thence South 4.08 feet; thence North 37011'41" East 154.57 feet; thence North 78025'15" East 77.68 feet; thence North 89057'10" East 303.99 along boundary line described in' Book 280 at Page 827 and re-recorded in Book 280 at Page 965, Pitkin County records; thence South 63044'45" thence South 81023'42" thencc South 89025'/,2" thence South 54034'55" thence South 52047'48" Aspen Townsite; thencc South 34055'18" West 760.18 fect to The Point of Beginning. Eas t East East East Hes t 168.08 183.42 98.00 6/..87 188.36 fcet fcet fcet fect feet along said boundary line; along said boundary line; along said boundary line: along said boundary line; to Corner No. 5 of said East Pitkin County, Colorado. '" . , . . ..-->. .t . . I ., I 1 ~\ A' ~l H uY 't jil{:.-:- .. ' QJN~ " - i t 1 . :-I. I r' I: II II SETTLEMENT AGREEMENT I I I I THIS SETTLEMENT AGREEMENT made this day of i ! ,. 1980, by and among the Aspen l-1ountain Park. I . Partnersh1p, a Colorado General Partnership ("AMP"), the City of Aspen ("City") and the Smuggler Trailer Park. Homeowners ;. . ,I Association ("Association"). i , WHEREAS, AMP is the owner of the Aspen ,Mountain park. ("the park") formerly the Smuggler Trailer Park, a mobile home park consisting of app;oximately 87 mobile home sites, situate within the City of Aspen upon the real property more particularly' described in Exhibit "A" hereto (hereinafter sometimes the "real I " I property"); a:nd, WHEREAS, the Association is an association of the I I I ; ". ,residents, or owners, or both of the Park; ,and,' . " I WHEREAS, although not restricted in terms of rental and I resale price controls by deed, covenant, legislation, orotherwi~e'l I the Park historically has supplied a significant portion of the I employee housing inventory of the City; and, I " ! WHEREAS, A}W purchased the park for investment purposes with a view toward developing the entire real property into a first class mobile home rental park; and, WHEREAS, on October9,l979, AMP issued to tenants a r i notice of a substantial rent increase for mobile home spaces i within the Park; and, I i WHEREAS, in response to such rental increase, the City I ' ,I threatene~ and began the preliminary institution of eminent I. II domain proceedings; and, " !' -, '. r WHEREAS, in active negotiations, the City and AMP have :, pursued the resolution of on-going disputes concerning the II Park in relation to (a) the monthly' re~ts charged by A}lP per I m6bile home space, (b) the installation of capital improvements II in the Park and (c) the preservation of the park as a source of :1 housing for local employees by means of condemnation, rent I ! control legislation, or the lik.e; and, : ' 4 I I ; I - . I . . , ',:.,"':;:),L?:~}:~;{ - ! ., ", . . .f'~ t .\""" . j' '. '. ,; ,". -, 'J' .. . , , , " I I , I I! (., ,~ ( .~, . . , . '". . , /I WHEREAS, AMP and the City finally entered into the ; Agreement in Principle attached her,eto as Exhibit "B" with a view toward resolving the disputes above-described pursuant to which, inter alia', the City was to purchase the Park from AMP for resale to the owners of the mobile, homes; and, I: ~. WHEREAS, neither the City nor the owners of mobile . i homes within the Park were able to consummate .the purchase of the I Park pursuant to the Agreement in Principle due to financial limitations; and, . WHEREAS, due to a combination of the constant threat o~ condemnation, resident unrest caused by potential displacement, and inadequacy of rents ,due to controls directly imposed by the City, AMP has agreed to divert from its original intent to develop tne. entire real property, as a first class mobile home I I rental park and has decided instead to'liquidate its investment I ! in the entire real property; and, I i WHEREAS, in an effort to arrive at a mutually satisfactory settlement of the disputes above'-described, AMP . I I has expended considerable sums for legal;surveying, architectural,' , I I I I ! and project consultation fees at the behest of the City once it became evident ~hat neither the City nor the Association i I I , I I ,WHEREAS, the City and Al4P have agreed that , the real I , .' . '; f best be liquidated and employee housing units preservred, j different . I I I . I the Agreement in I financially were capable of consummating ;. . I Principle above-described; and, I I I property may I by providing I . I portions of the real property; and, ,I Ii 'WllEREAS i in order to remove the cloud of threatened I . ' I condemnation to protect the City from the possible lo.ss of a I significant source of housing for local employees, and to protect the investments of Association. members in their mobile for different arrangements in connection with I I . homes from escalating ,rents beyond their control, the parties are mutually desirous of settling the dispute above-descri~ed . . ....... .... . :~ '~}r:;~i{~~~;t::, -2- .. " ',,' . ., ',.f . '.~" "I '-' ~ I I o I formal legal proceedings, including eminent ! I I I I , ... ~ o o , - o- j. in the manner hereinbelow set forth, without resort, or further . I ,threatened resort, to I !domain proceedings. i j ! premises ~ NOW THEREFORE, in conslderation 'of the foregoing the making and performance of the mutual obligations . ' . and convenants herein contained, and other good and valuable I, . d t' 'h i d , It cons~ era ~on, t e rece pt, sufficiency and a equacy of which I ; hereby are acknowledged, IT IS AGREED THAT: - , i l~ IMPROVEMENTS TO PARK. ~~ shall, as soon hereafter; las reasonably'may be practical, undertake to relocate below grade! "certain electrical wiring within the Park, relocate and upgrade I the water and sewer distribution system due to any relocation of I existing mobile homes as hereinafter provided~ pr~vide for the i installation of additional fire hydrants at such locations as the I city may request; and relocate and resurface the roadway system I ~Within the Park in ord~r to accomodate any 'relocation of existing 'mobile homes and turning radii sufficient for emergency and . ...-" support vehicles. . I 2. SALE OF MOBILE HO!~ SPACES. The present owners of , mobile homes within the Park shall have the right, collectively or : I following the sale or exchan~e of the Park as hereinafter prov~ded~ It~ purchase the.mobile home spaces for a purchase price equivalent I I . . I :to $25,000.00 per space. This offer shall remain open for a . o. I period of , Ito employ their best I o , ! for the purchase, but ! ! AMP and the city will I . ,! financing for all owners who i' Ii the Assoq~ation agrees fully to cooperate with AMP and the.c~ty I in this regard in terms of compiling such information as ! I: prospective lenders may require, and the like. II n~c,essary, provide carryback financing.. for up Ii who elect to purchase their space but who are time coterminous with the time required for all parties I efforts to complete financing arrangements . I I in no event !ate~, than'(\,;h~' ....L' 19d.\ I I employ their best efforts to arrange elect to purchase their spaces and AMP will, if ' to 25\ of .the owners I unable toqUal~~~,. I . '., ~. . " ~ ", . ....' .' -3- . . .~ :.:~,~;,::.,"'~':. ..' ,.:':'>r>.'~::'J::~J~.~~~!t; ',. :. " ...~..: -:.' . " ':1' 1..1"",-: . -,,'1>" . .., .' " ..........,.", , . " , - -.-..........-.-.. ': ~~'. "':"-~ ,--.'..--.--.-....-.-. .--:-----...... ",- ...~ - ,.-- '. I C C- . . I ,1'""'\ ^ ,. J , The $25,000.00 purchase price- d I Association involved in the purchase, be deemed a mean per space : I for conventional outside financing. above-provided shall, at the election of the members of the price; provided, however, that the Association members shall be I I I , {- i I I required among themselves to apportion the purchase price as shall yield, upon closing, a sum equal to $25,000.00 times the number of spaces involved in the t~ansaction. In the event that the actual cost of improvements descr1b'ed in paragraph one (1) hereinabove " is less than the product of $2,500.00 times the number of' spaces " involved in, the sale transaction, the difference shall by AMP be set aside for the benefit of the Association for such further improvements to the Park as the Association deems necessary or advisable. ' 3. STRUCTURE OF SALE. Closing of the purchase and sale of the mobile home spaces shall be conditioned upon receipt of the governmental approvals necessary for the developments hereinafteri provided and will occur at a mutually agreed upon. date as soon , . hereafter as reasonably may be practical given (a) the efforts above-described to arrange financing and (b) the time required I I I I to obtain the governmental approvals for such developments. In ; order sooner to liquidate its investment hereunder, AMP shall ha~ell the right to sell to or exchange with a third party the entire I real property or any portion thereof. be entitled to all the rights granted hereunder and shall be bou~d ! i by all terms of this Agreement. I ! sale or exchange, such third partr sh~ll in writing assume any a~d Such third party shall Upon the closing of any such all obligations hereunder. Notwithstanding such sale or exchange, AMP shall be entitled to reserve unto itself the rights to develop' as set forth in paragraphs 5 and 7 hereinbelow. mobile homes thereupon situate, shall be appropriately restricted in terms of rental and resale price controls in the manner presently generally applied: throughout the City and in which the City at the time determines to be in the community's better: ,:..: .' ;-:-4~ .. ::;;-~::;)~:;g~tt . , .' ," II . " . , 1: I: II I I . I ~. C" -- . .- interest"to the end that then and thereafter the entire Park be and remain controlled employee housing within the meaning of existing legislation concerning housing of that character, and as such generally applicable legislation may from time to time be amended. Any mobile home spaces that are not sold to the ,owners of mobile homes and, hence, become owned by AMP shall " continue either to be rented or later sold by A}W at a monthly I rental or for a sales p:ice, as the case may be, which shall be I consistent with their controlled character. Furthermore, the .. . owners.of mobile homes who do not elect to purchase their lots shall not.'be entitled to sublet all or any por1;:ion of their mobile homes ~xcept under such terms as are consistent with the controlled character of this housing. , . f I .... shal)., i i I 5. EXPANSION OF PARK. The Park will be expanded ,in size principally in the rear acreage to accomodate 26 additional mobile homes. Expansion and the relocation of any existing mobile homes in connection therewith will be done at the expense of .AMP' I in the manner lease in the circumstances intrusive upon existing mobile homes and in accordance with a plan prepared pursuant to specially Planned Area criteria of the City Code. These mobile homes and the spaces they occupy within the Park will be offered i for sale, unfurnished, at a purchase price not to exceed $70,000.00,1 and appropriately restricted in the manner set forth in paragraph . 4, hereinabove. .6. RELOCATION OF EXISTING SINGLE FAMILY HOME. The existing victorian style single-story frame house presently " '. situate in the front portion of the Park shall be relocated and either resubdivided else\~here within the real.property or, at...A}Il1"s discretion,relocat.ed outside the park. . 7. FREE MARKET DEVELOPMENT. AMP shall by the city be given the right to develop 19 free market units on property, as yet undetermined, either within the City or, if outside, capable of being annexed. This development right shall be transferable and assignal::le. Development shall proeeed in accordance wit;.h . . .... ....... " :...... ..... . . ,::'~:: .:,- i~:,<> ~: ;~;;i~Y~: . ..... .,.. 10, ~....~......,c . ..... .', "t" I ". ..J;, . .,...,.....,'.t>."., ....', '4'0,_. '" ".:~':':.': ',;, 'l~".'?~"<:~t". '.. .1 ' . ., '. .... '1", "I' '. ....~~':. .l' " u.I :,' .:. .'; . II .'.f,:(' ..... .' .,', '.t" ." , .. existing zoning affecting the property or, in the caSe of annexed .-.;. " . -5- ..,,;;.1' .- 'j . ! i L, ~ .. \..- ,~', . . , ' ,I' I, property, with specially Planned Area criteria. The city agrees (a) tQ enact such enabling legislation or am~ndments'to existing" I I , legi51ation, including to its Growth Management quota system , ' . i legislation, as would accommodate and permit the foregoing , I development right in exchange for the conversion, to employee ! housing of the Park and the addition of:~6 new employee housing , ' . : units, all as set forth above; and (b) on the application of . : AMP, to annex any property that may hereafter be acquired by ~1P I I for the purposes of the free market development above-described, I' .' provided that such property otherwise is eligible for annexation. as eligibility is determined under section 31-12-104, C.R.S., 19~3 8. RETAINED PARCEL. AMP shall retain ownership of the quadrilateral shaped piece of property consisting of. S ;!:.acres and situate at the northeasternmost section of the property described in Exhibit "A" hereto. . 9. FORTHER DOCUMENTS, COOPERATION, GOVERNl-lENTAL APPROVALS, DISCLOSURE. The parties agree fully to cooperate with each other to the end that the terms, ~onditions and provisions hereof sha~l be fully implemented and effectual and to execute such further documetns consistent herewith as may, in the !: circumstances, be necessary. The parties recqgnize, that in order to effectuate this Settlement Agreement further public proceedings and applications may be necessary. AMP agrees to process any such further applications as may reasonably be necessary and the. I Association agrees to support'such applications that ar~ consistentj . . I with this Settlement Agreement. The City, including its staff and elected officials, agrees, to the maximum extent permissible:, consistent with statutory and other legal obligations, to take ~.. ! such steps and grant such approvals as are consistent herewith I ,: II and as may be necessary. The parties agree that this Settlement Agreement and any other understanding shall be fully and publicly disclosed. ~.._' .' .. '; . '. '. ~ '. ....... .~.. :~. ...'i.... :' :~"': i'.,'.<;:~~ ',' ...~~:.:~~~~~/t~~. .., r. ',...... .~"'.,.(..:}~.. ,.' :~.;,.r~d.\'::~:i';J?i"g;.: .:-'6- -, ........-......~~--_.._-:--(..: . ' .- ~. C. ~' ! I "I The parties I agree and acknowledge that ,no action at law for damages shall be, I maintainable against the City in the event it determines reasonab;ly , . i I i ,. " il Ii !I I~ Ii j' I! II ., and in good faith that enabling legislation to effectuate this ': Agreement may not be passed; provided, ,however, that the City !t' acknowledges, agrees and intends that, in reliance upon this rA~reement, AMP (a) shali immediately unde'rtake .to perform its , ' obliga~ions hereunder, including installation of parkimprovemen~s , 10. COVENANT AGAINST SUIT FOR Ok~AGES. arrang~ments 'for financial assistance in connection with the sale of the Park, and sale of the Park all as above provided and (b) may enter into binding contracts for the purchase of property for purposes of free market unit development, all to the end that principles of vested rights and equitable estoppel, as contraste~ from monetary damages, shall apply to protect such reliance activities of AMP notwithstanding t:he,inability of the City to I I 'i! P . ji .11 II II !I 'I ;1 Ii a I; ,I I, !~ , . pass .such enabling legislation; and, provided further that in the event this Agreement shall become the subject of litigation commenced by other than the parties hereto AMP shall defend, indemnify and hold the city harmles~ from and against any and all costs associated with such litigation. , I I I I I I I ii !I I, I :1 , . '1 i. " !: " L. .. I' H " ,. i' ,I I ,'.J ,I ....-r..... ." ..~:+~.~W(~~!":\{\1(. -6a- . , . . . , . , ,..' ," .,' '. Ii ... ,r-' ~ '. .' , j' II I I r i .' . ." .: . ~ . -- I . ~ .... . . , , IN WITNESS. WHEREOF the.pa.rties have executed this instrument the day and year first above ~ritten. ATTEST: City Clerk \ ., . CITY OF ASPEN '.' .. .' . , '. By Herman Edel, Mayor ATTEST: ",/{,' ASPEN l-lOUNTAIN PARK PARTNERSHIP J . ' SMUGGLER TRAILER PARK HOMEWONERS ASSOCIATION " By "" . ".'-,.-;:.-:'~" '.~>" ..- " : .j - I .. f . . . " ........,. " . "", .... o. ". " . , .. ....- .......:~;;?;~.;. . ~"'. ".... .::..~~:~~~~.~~ ' .:..:"...... . ~"., > .....: .' '.0.: . " . . .. '1...:'*' " . "0' .', .;(...~..;~~:.;~ .< .'. 'I."I'-':''!J')':~ ',' . ;. '. I...... ',:'.;'.;:~:l~ j.~ '. . :",:' ",:.,:;..;.' t~'"'I"':":':'~l"':'~"~~';'~: :.' .. '.' \"" -... ", I..... . " .' ..' '.',. ~ .. 'J .' \ '. . " . . ,'" . . ., ,... '.', ;,'; . .. "." .' , ,,',,~'" f'" ..' 'of,!..... ';"~'_~"':~!"":;'.J''' ~';.:;~:..../...~ . -7- " .,... . - - -. -,--..- - r..._ -. "--- - ,-''!'...........''''.... _...~, .; '- lo~,\~ov-'" o~ ~eNl-.l...Q. j~ <;, w-v.(,.I>-\t-,,- vV'--oP:.,~e.. ~~ ~/l<.~ ~..t...... <;.~,.l- IM.~, s-\ ,.....\<;-\ '. 1) The applicant's revision of the site plan to insure that parcels Band C front on a public or private street; 2) The applicant's agreement to enter into negotiations with the County to resolve the issue of the need for a road in Parcel C; 3) The applicant's agreement to upgrade the sewage system to meet the standards of the Aspen Metro Sanitation District; 4) The applicant's agreement to bring the electrical service throughout the park up to Code specifications, meeting an corranents included in the Electrical Inspector's memorandum dated April 28, 1981. ' 5) The.applicant's agreement to replace all gas lines deemed unsafe by Rocky Mountain Natural Gas; 6) The applicant's revision of t~e site plan to designate . dryweJls to accommodate drainage needs; 7) The applicant's revision of the site plan to expand parcel E to a minimum of 15,000 square feet; . " ~ ,8. The applicant's recognition'that due to insufficient road right-of-way, all streets will need to be pri- vately maintained, including snow removal; /:;~~., ., ;::9) . \...--.-- The applicant's dedication of right-of-way at the loca- tions identified by the Engineering Department to accom- modate the expansi on of G';bson Avenue and Spruce Street; , ./ , 10) The applicant's agreement to provide all .infonnation re- quired by Section 14-3 of the Code prior to review of t~e conceptual submission by City Council; ll} The applicant's agreement that since insufficient housing price information has been provided to the Planning Office that any conceptual approval by P & Z does not necessarily include approval of the employee housing restrictions pro- posed by the applicant; ~ 12} The applicant's agreement that parcel A meet the review criteria entitled "New Standards for Existing Parks" while parcels C and D (and B if it is developed with mobile homes) A~t the review criteria entitled "New Standards for EXli1'~g Parks", to the satisfaction of the Building ,.. and Engineering Departments; . , . \,\') "\\.~. l'I.~e\'L"'~\'$ \tt.",.".... o~.~~ c,'\\t. ~~"" Sa ~""\ "" \\. ~,\\~ V.""\~" \-.i'vt. ~~...\.~ 0.... ~~ ~~t..d. !'-. !--l.(.l.r, -\" ~ \_\u,......\ ~oJ.,.,~,\ ..(.!r"",o~\<.; I\,J" \'-\) ~L. 9>'f'f\u"",-\\" 1\..\~3; ~ <-o""~,...........~, (.Q....d.~ ~~ ~...".... 0'<- l"o- ~\....L .II.-t.-u...ss \~<'" ~o"j. ~o<l.. ' " ~ ,\"",,\0Jl.. ~",q,..'t.. ~~....., ~ '-"'...-\ sJ""",,\<!. \0<.0.\--...' c . . " ~ \'." .....Sf.,~.:. 'b~" '7' · ..~.. ..~'.. ....... \.~. '.-J~':~~~'(~~ '. .r-,... ~" \'\~'F"'\ " .',~ ' +, ..~. i\., :>\~",\e;~\ ., , . I ,\..I.AI""'\~~' \..\ ,';' 1) "fhe ap~1icant' s revision of the site .p1an to ,insure . . that parce1s Band C front on a pub11C or prwate street, 2) "fhe app1icant's agreement to enter into negotiations with the County to res01ve the issue of the need for a road in parce1 C; 3) "fhe app1icant's agreement to Upgrade the sewage system to meet the standards of the Aspen Metro Sanitation Oi stri ct; 4) The applicant's agreement to bring the e1ectrica1 service throughout the park up to Code specifications, meeting a11 comments included in the Electrical inspector's memorandum dated April 28, 1981, s) "fhe app1icant's agreement to replace all gas lines deemed unsafe by RoCky Mountain Natural Gas; 6) "fhe applicant's revision of the site plan to designate drywells to accommodate drainage needs; 7) "fhe applicant's revision of the site plan to expand parcel E to a minimum of 15,000 square feet\,oJ\..'\1.. ~...."J..\, ..."'.........~ ~ ~"'...........""-....'> p.<.>o<..,.._u ___\.,_a.... ,,,..\..\<. c~..- Si"C< 8. "fheapplicant's recognition that due to insufficient :-road right-of-way, an streets will need to be pri- vatelymaintained, including snoW removal; l ~; " \... 9) "fhe applicant's dedication of right-of-way at the locq- tions identified OY the Engineering Department to accom- modate the expansion of GiDsonAvenue and Spruce Stre~t; 10) The applicant's agreement to provide an .information re- quired by Section 14-3 of the Code prior to review of the conceptual submission by City Council; 11) The applicant's agreement that since insufficient housing price information has been provide~,t.9\ the Planning ~fficl that any conceptual approval by ~ Goes not necessaril: include approval of the employee housing restrictions pro posed by the applicant; ,. The applicant's agreement that parcel A meet the review criteria entitled "New Standards for Existing parks'r whil parcell C ~ (and B if it is developed with mobile homes) meet the reView criteria entitled "New Standards for New Parks", to the sattsfaction of the Buildinoi and Engineeri.ng Departments; '. -! 12) 'lo '13) The applicant'S revtsion of the site plan so that all . trailer units have frontage on and dtrect accesS to' the internal roadway networJ<; and L . i ~(t.a~'K A.'^ A.(.,U,'~ '-"'Sf~ l4)'The applicant'S agreement to e6fit;"tle te eeRsieie. t1'le de3i~fi ~ a third access/egress point for the trail!er parI<. from the most suitable location. \ / - !' " 4:0495 IJ{IDX 424 i'A('~ 780 p L~~El# ~:~g~~ER PRECISE PLAN AND SUBDIVISION AGREEMENT FOR '8 323fM'8Z SMUGGLER MOBILE HOME PARK This precis~Pl and Subdi 'sion Agreement is made and entered into thi day of , 1982, by and between THE CITY F ASPEN, COLORADO, a M nicipal Corporation (hereinafter referred to as "City"), and ASPEN MOUNTAIN PARK, a Colorado general partnership (hereinafter referred to as "the Owner"), the SMUGGLER MOBILE HOMEOWNERS' ASSOCIATION, a Colorado Cooperative (hereinafter referred to as the "Associ- ation"), and PITKIN LTD., a Colorado Corporation. RECITALS 1. The Owner has submitted to the City for approval" execution and recordation, and the Association has and by these presents does ratify the final plat and development plan of a tract of land situate within the City of Aspen, Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and designated as "Smuggler Mobile Home Park" ("The Plat"); and 2. The real property covered by the Plat is zoned as a Specially Planned Area ("SPA"); and 3. The City has fully considered The Plat, the proposed development, the improvement of the land and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improve- ment of land included in the Plat; and " 4. Upon agreement of the Owner to the matters herein described, and subject to all of the requirements, terms and conditions of the City of Aspen subdivision regula- tions now in effect and other laws, rules and regulations as are applicable, the City is willing to adopt, approve, execute and accept the Plat for recordation and to approve the develop- ment plan for the property covered by the Plat as a Precise Plan for the Specially Planned Area of which the Exhibit "A" property is a part, all to the end that these shall then and thereupon constitute subdivision approval to the extent shown on the Plat and described in the development plan and a Precise Plan for the area within the meaning and intent of Article VII of Chapter 24 of the Municipal Code of the City of Aspen, Colorado ("Aspen Municipal Code"); and "-, ,~ ! S'1lmi 424 i~ 781 5. The City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote, and enhance the public welfare; and 6. The Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and require~ ments imposed by the City in approving the Plat; and 7. Under the authority of Section 20-l6(c) and 24-8.6 of the Aspen Municipal Code, Colorado, the City is en- titled to assurance that the matters hereinafter agreed to will be faithfully performed by the Owner; and 8. The submitted plat assumes and anticipates two distinct developments - viz., the one shown on the Plat and hereinafter described and the other, herein referred to as "pitkin Reserve", which is to be developed by its owner, pitkin Ltd., on other real property more particularly described on Exhibit "B" hereto; and 9. Pursuant to and in accordance with the development approvals for the Pitkin Reserve development, Pitkin Ltd. shall enter into a subdivision and P.U.D. agreement with the City, which, upon its execution, shall and hereby is incorporated herein by this reference; and 10. Pitkin Ltd. is the transferee from the Owner of the "free market" development rights, which are to result from and, as hereinafter provided, are conditioned upon the develop- ment activity herein contemplated, and as such understands, agrees and acknowledges that, as hereinafter described, the Smuggler Mobile Home Park and pitkin Reserve developments are interrelated in that (a) fulfillment of the terms, conditions and requirements of the City as contained herein (with respect to the Smuggler Mobile Home Park) is a pre-condition to the approvals granted to Pitkin Ltd. and that (b) a certificate(s) of occupancy on "free-market" units to be developed on the Pitkin Reserve parcel or any other "free-market" development rights accruing as a result of the approvals granted herein shall not issue until the City is satisfied that all of the terms, conditions and requirements set forth herein with respect to the Smuggler Mobile Home Park are fulfilled or adequate provision for their fulfillment made; and 11. The Association, while not the owner or subdivider of the Smuggler Mobile Home Park, is a contract vendee and hence, the ultimate user of Parcel A, as such has participated extensively in the land use approval process culminating in the development plan hereinafter set forth, which plan proposes several beneficial concessions to it from both the City and Owner and, as a result thereof, the Association has undertaken to assume responsibility and the City agrees to hold the -2- !-\ .~ fBUClK 424 ,t;l\la 782 Association as well responsible for the completion of certain subdivision improvements, all as is more particularly herein- after described; and 12. In recognition and consideration of the foregoing, both Pitkin Ltd. and the Association shall be and have become party signatories to this Agreement. NOW THEREFORE, AGRE.EMENT IN CONSIDERATION OF the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: I. GENERAL DEVELOPMENT PLAN The Smuggler Mobile Home Park as shown on the Plat consists of 11.8 acres, more or less, and includes the followin~ elements: A. Parcel A. Parcel A consists of approximately 9.144 acres and may contain eighty-seven individually desig- nated mobile home spaces, the open space areas, the trail easements, the parking spaces and the internal roadway system, all as is shown and noted on the Plat. It is anticipated that this Parcel will be transferred to and thereafter owned by the Association -- which is a cooperative body consisting of the present owners of mobile homes within the Smuggler Mobile Home Park as it is currently configured. The following features shall further define and describe Parcel A: (1) Employee Housing. Parcel A and the mobile homes or any other dwellings at any time thereon situate shall be and constitute controlled employee housing and, as such, shall be deed or covenant restricted as set forth in Section III, Paragraph A, hereinbelow. (2) Laundry/Meeting Room. A laundry/meeting room shall be constructed upon Space No./~ shown on the Plat. The structure will replace the existing laundry room at the Park, which is to be demolished. The design, construction and materials to be utilized in the construction of the laundry/meeting room shall be approved by the Association. (3) Mobile Home Relocations. In order to provide more ev~sp,~ing, the mobile homes occupying Space Numbers 28, 40,?~, ~, 74 and 84 will be relocated from the spaces which they currently occupy to their respective new spaces as shown on the Plat. -3- ~ ,......, BruilK424"~R 783 (4) Common Area. Use of the Common Area shall be governed by such rules and regulations as the coopera- tive may promulgate. The Common Area shall either remain as open space or be maintained as a parking area. Any development activity within the Common Area shall require further review and approval by the City. B. Parcel B. Parcel B consists of approximately .346 acres. Ownership of this Parcel shall remain in Owner. The existing single story frame Victorian style house presently situate anent the western border of the Park shall by the Owner be relocated to this Parcel and from then and thereafter this Parcel shall be owned, further improved consistent with applicable regulations, and marketed as the Owner shall deter- mine as a "free market unit." C. Parcel C. Parcel C consists of approximately 1.904 acres and shall be improved by the addition of seventeen (17) mobile home pads and dwellings, together with the parking facilities shown on the Plat. The 17 mobile homes shall be and constitute controlled employee housing units and, as such, shall be deed or covenant restricted as set forth in Section III, paragraph B, hereinbelow. D. Parcel D. Parcel D consists of approximately .41 acres. This parcel shall be disconnected from the City pursuant to the application of the Owner therefor, hereto attached as Exhibit "c" and thereafter transferred to Pitkin County, Colorado, by gift deed. E. Site Tabulations. The Site Tabulations hereto attached as Exhibit "D" define and describe further and more specific allocation of the uses anticipated within Parcels A, B, C and D. F. Specially Planned Area Precise Plat. The property shown on the Plat is a Specially Planned Area. Consis- tent with the characteristics thereto pertaining the following are hereby confirmed as permitted or conditional use, area and bulk requirements: (1) Parcel A. Parcel A shall be zoned as a Mobile Home Park ("MHP"), to the end that setbacks between trailers, accessory structures, parking, utilities, open space, and the like shall be examined in the light of use, area, and bulk requirements pertaining to the MHP zone district; provided however, that in respect of any nonconforming features of Parcel A that may exist after completion of the improvements and the activities contemplated herein and as shown on the Plat, the City agrees that: -4- ~. ,-, .~<l8K 424 ,I;m 784 (a) subdivision approval or to the Association; and Such nonconformity shall not preclude the transfer of Parcel A by the Owner (b) The non-conforming features shall by the Association be abated in accordance with and to the extent required by the Plan of Abatement hereto attached as Exhibit "En. (2) Parcel C. Parcel C shall be zoned as a MHP, to the end that setbacks between trailers, accessory structures, parking, utilities, open space, and the like shall be examined in the light of use, area and bulk requirements pertaining to the MHP zone district; provided, however, that any nonconformity between these requirements and the develop- ment activities herein contemplated and as shown on the Plat shall be and remain lawful nonconforming uses and shall be permitted to remain as such. ( 3) R-15 Residential to ments pertaining to B. Parcel B. Parcel B shall be zoned to the end that all use, area and bulk require- such zone district shall apply to Parcel II INTERRELATION OF SMUGGLER MOBILE HOME PARK AND PITKIN RESERVE SUBDIVISION A. Development Assumptions. The submitted Plat assumes and anticipates two distinct developments, viz., the one shown on the Plat and herein described, and the other to occur on real property more particularly described on Exhibit "B" hereto attached. The other development -- the Pitkin Reserve Subdivision, which is being developed by its owner, Pitkin Ltd., contemplates the construction of twelve (12) free market and one (1) controlled housing unit. The conversion of the eighty-seven (87) existing mobile homes and the real property (Parcel A) upon which they are situate from their present uncontrolled status to deed or covenant restricted employee housing units, as above and below provided, together with the installation within Parcel C of the seventeen (17) new controlled mobile home units shall be and constitute the employee housing component necessary to sustain the free market development at pitkin Reserve within the meaning of exceptions to or exemptions from the growth management quota system of Article XI Section 24 of the Aspen Municipal Code. Although the review process for each development has occurred independently of the other, each development having been re- viewed on its own merits, for purposes of such exceptions to -5- .-, ,-, '!3"illlK 424 ;;~G[ 785 or exemptions from the growth management quota system, it is agreed and understood that the two developments shall be considered together as an integrated whole. B. Interrelatedness of Improvements. In view of the dual ownership, nature and situs of the developments, and in consideration of governmental approvals given in connection with the Smuggler Mobile Home Park and Pitkin Reserve, it is (a) acknowledged that the performance of the respective obliga- tions of the Owner relative to the Smuggler Mobile Home Park and of Pitkin Ltd. relative to Pitkin Reserve are mutually dependent upon one another and the performance thereof shall be and remain conditions to the obligations, agreements and approvals of the City herein made or given or made or given in respect of any development activities at Pitkin Reserve; and (b) agreed that (i) provision shall be made in a separate Subdivision/PUD Agreement to which both Pitkin Ltd. and the Owner shall become party signatories, for the construction, installation and erection of improvements within or upon the pitkin Reserve Subdivision; and notwithstanding the foregoing that (ii) as hereinafter used "Improvements" shall be deemed to refer only to the improvements, facilities and systems to be constructed, erected or installed within or upon the property shown on the Plat and described in Exhibit "A", hereto annexed. C. Development Allotments. The City acknowleges and agrees that the conversion of the eighty-seven (87) mobile home units within Parcel A to restricted housing units and the construction of seventeen (17) new mobile home pads and homes within Parcel C shall and pursuant to the exception provisions to the allotment procedures of the growth management quota system set forth in Sections 24-ll.2(i) and (k) does result in the exception from compliance with the allotment procedures of the growth management quota system of development activity consisting of not less than nineteen (19) otherwise non-exempt free-market housing units, twelve (12) of which are to be employed in connection with the Pitkin Reserve development. However, it is expressly acknowledged, understood, and agreed that no certificate(s) of occupancy shall issue on such exempt free market housing units until such time as the City is satisfied that the obligations of, agreements made by, and requirements herein imposed upon the Owner are met by the Owner. III. EMPLOYEE HOUSING DEDICATIONS AND RESTRICTIONS A. Employee Housing Restrictions for Parcel A. In consideration for the granting of the SPA and subdivision approvals indicated herein and also in consideration of the approvals given with respect to the Pitkin Reserve Subdivision, -6- ~ ,- S'clJ;424 I'!,tt 786 the Owner and the Association, for themselves and for their successors and assigns, hereby covenant with the City of Aspen, Pitkin County, Colorado, that any mobile home (or any other dwelling unit) located on or to be located on Parcel A shall and hereby is dedicated and restricted for use as employee housing as follows: (1) In the case of sale of any mobile home (or any other dwelling unit) the following restrictions shall apply: (a) The mobile home shall be offered to sale to persons actually employed within the City of Aspen who have resided in Pitkin County for a continuous two (2) year period immediately prior to their purchase of the mobile home or, who at the time any mobile home is offered for sale, are residing in the Smuggler Mobile Home Park. The employee or employees who purchase said mobile home must agree, as a condition of sale and, in fact, must personally occupy the mobile home as a primary residence during the period of owner- ship. (b) After a period of sixty (60) days, should there be no qualified purchaser in category (a) herein- above, the mobile home may then be offered for sale and sold to persons employed within Pitkin County. The employee or employees who purchase said mobile home must agree, as a condition of sale and, in fact, must personally occupy the mobile home as a primary residence during the period of owner- ship. (c) Should there be no qualified purchasers in either categories (a) or (b) hereinabove, after an additional sixty (60) day period from that set forth in paragraph (b), the mobile home may then be offered for sale to employers doing business in Pitkin County for use and occupancy solely by their employees. (d) Should there be no qualified purchasers in either categories (a), (b) or (c) hereinabove, after an additional sixty (60) day period from that set forth in paragraph (c) the mobile home may then be offered for sale to any resident of Pitkin County. The purchaser or purchsers must agree as a condition of sale and, in fact, must personally occupy such mobile home as a primary place of residence during the period of ownership. (e) Prior to the conveyance of any interest in any mobile home and prior to the recording of any instrument of conveyance, any prospective purchaser of the mobile home meeting the qualifications as hereinabove set forth shall be approved in writing by the City or a designated functionary thereof. In addition, the City shall have the right to enforce -7- ~ ,-- ~ilf1l( 424i'1,r,t 781 the terms and conditions of the above restrictions by injunc- tion, abatement, eviction, rescission of the noncomplying transfer or other appropriate legal action to prevent, enjoin, abate or remedy such violation and shall be entitled to reason- able attorney's fees in prosecuting said action. Nothing herein shall be construed to prevent the City from curing a violation of the above requirements as and prosecuting such violation as a code violation under the Aspen Municipal Code. (f) The City shall be entitled to a fee of up to one-half (1/2) of one percent of the purchase price of the mobile home to defray the cost of qualifying prospective purchasers in accordance with this Agreement. This fee shall be payable by the purchaser from and at the time of the closing of the sale of the mobile homes, shall bear interest at a rate equal to two percent (2%) per month while it remains due but unpaid, and until paid shall constitute a foreclosable lien against the mobile home. (g) In the event of the transfer of Parcel A to the Association, these restrictions shall not preclude the adoption by the Association in its rules, regula- tions or by-laws of a preemptive right of first refusal exercis- able by the Association against future sales of mobile homes within Parcel A; provided, however, that the terms of such right shall first be approved by the City and, in any case, the right shall be exercisable only for the purpose of creating additional open space within Parcel A. (2) In the case of non-owner occupied mobile homes at the time hereof existing, the following occupancy restrictions and rental limitations shall apply: (a) The mobile home shall be rented to employees who have lived in Pitkin County for a minimum of two (2) continuous years immediately prior to their occupancy, or to employees of the owner (without a minimum period of residency within Pitkin County, if the owner is doing business within Pitkin County); (b) Should there be no qualified renters for the mobile home found within twenty (20) days after a "notice of availability of space" is given to the City or a designated functionary thereof, the mobile home may be offered for rent to any employee within Pitkin County. (c) Mobile homes within Parcel A shall be restricted to "middle income" housing eligibility guidelines from time to time established by the City; provided, however, that the aggregate monthly rental that may be charged for a tenancy(ies) within a mobile home within Parcel A shall not -8- ^ --, t\\lGll !21;;A&1788 exceed the lesser of (i) the maximum rent permitted under the "middle income" housing guidelines; or (ii) the sum of the following monthly costs of the owner, if actually incurred: (1) the monthly trailer mortgage; plus (2) either the owner's monthly note payment to the Association for the purchase of the owner's interest in the Association or in the case of an owner who is not a member of the Association, the monthly space rent paid by the owner, as below set forth in this Section II, paragraph A(3); plus (3) the amount of any monthly Association assessment for common expenses; plus (4) twenty-five dollars ($25.00); (d) The qualification of prospective tenancies within mobile homes within Parcel A from the stand- point of these eligibility guidelines and rental restrictions shall be done in the manner hereinabove set forth in this Section III, paragraph A(l)(a)(e), and the City shall be entitled to collect a fee of up to ten percent (10%) of one month's rent, payable at the inception of the tenancy by the tenant, to defray the administrative costs incurred. The remedies and sanctions applicable in the event of any actual or attempted violation of these guidelines and restrictions similarly shall be as set forth in this Section III, paragraph A(l)(e). In addition to the remedies and sanctions therein set forth, in all cases intended by the parties to be cumulative, and by virtue of the parties' acknowledgment that actual damages would be difficult, if not impossible, to ascertain, the parties agree that the City shall be entitled to receive as liquidated damages from any owner of any mobile home that is rented in violation of these guidelines and restrictions a sum equal to one hundred and ten percent (110%) of all rentals received by such owner. (3) In the case of a mobile home owned by other than a member of the Association, the rent that shall be charged for the mobile home space shall not exceed the lesser of (i) the maximum rent permitted under the "middle income" housing guidelines; or (ii) the sum of (1) twenty-five dollars ($25.00), plus (2) the amount of any monthly Association assessment for common expenses levied against the space; plus (3) a sum equal to the payment that would have been payable monthly to the Association had the mobile home owner elected to finance to the maximum extent available through the Associa- tion (and upon the terms offered to members of the Association) the purchase of the interest in the Association that would entitle the owner to the right to occupy the space. (4) The parties acknowledge and agree that it is in the better interests of all to promote Parcel A to the status whereby it shall be owner-occupied to the maximum extent by Association members. To, this end, after one (1) -9- r< -" ~QOKil21 ,p~.m: 789 year from the date of recording hereof, the share of membership in the Association and appurtenant proprietary leasehold to any mobile home space that is occupied by a mobile home whose owner is not a member of the Association may be offered for sale by the Association member (i.e., the shareholder/proprietary lessee) and sold to a person(s) meeting the eligibility guideline hereinabove set forth in this Section III, Paragraph 1, who shall install and occupy a mobile home upon the space. At such time as a contract for the purchase of such share of membership in the Association is entered into, the owner of the mobile home occupying the space appurtenant to the membership share to be transferred (unless that owner shall be the trans- feree of the share, as hereinafter provided) shall be given written notice thereof and shall have sixty (60) days thereafter within which to remove his or her mobile home from Parcel A to permit entry of the mobile home of the membership transferee. Notwithstanding the foregoing, the owner of the mobile home occupying the space appurtenant to the membership share to be transferred shall be given a written thirty (30) day notice setting forth his right first to contract for the purchase of the membership share at the price offered. Upon his failure to exercise such right, the membership share may then be sold, as above set forth, to those meeting the eligibility guidelines of Section III, Paragraph 1. (5) Upon the transfer of Parcel A to the Association, the foregoing occupancy guidelines and sales and rental restrictions shall be incorporated verbatim or by suitable reference into the rules, regulations and by-laws of the Association and shall by it be strictly and diligently enforced, including by eviction for any violation thereof. B. Em 10 ee Housin Dedications and Restrictions Pertaining to Parce C. In consi eration 0 t e SPA an subdivision approvals herein granted, the Owner hereby dedicates Parcel C for use as employee housing and hereby covenants with the City that the mobile homes or any other dwelling units to be located on Parcel C shall and hereby are restricted to use as employee housing pursuant to Section 24-ll.4(b)(3) of the Municipal Code of the City of Aspen and as such to rental and, except with respect to initial sales by the Owner as hereinafter provided, sales price guidelines and to occupancy limitations not to exceed "middle income" housing eligibility guidelines from time to time established by the City. However, the application of such sale price guidelines shall not preclude the right of the Owner, its successors and assigns to market and sell such mobile homes, at its sole marketing discretion, for up to Seventy Thousand Dollars ($70,000.00), which discretion is hereby confirmed and agreed to by the City. For purposes of the income category into which such initial sales shall be deemed to fall, the City agrees that the income and occupancy housing eligibility guidelines in effect on September 22, 1980, shall apply. Prior to the sale or rental of any mobile home within Parcel C, the proposed purchaser or lessee, as the case may be, shall first have his -10- ^ ~ BOOR 424 'P~Gt 790 or her eligibility and qualifications under the guidelines determined and certified in writing by the City or a designated functionary thereof. The City shall be entitled to a fee of up to one-half (1/2) of one percent of the purchase price of the mobile home or ten percent (10 %) of one month's rent payable from and at the closing of the sale of the mobile home by the purchaser or at the inception of the tenancy by the tenant, as the case may be, to defray the cost of qualifying prospective purchasers or tenants in accordance with this Agreement. Additionally, the remedies and sanctions applicable in the event of any actual or attempted violation of these guidelines and restrictions shall be as set forth in this Section II, Paragraphs A(l)(e) and A(2)(d). C. Effect of Employee Housinq Dedications, Covenants and Restrictions. None of the employee housing dedications, covenants and restrictions contained hereinabove with respect to Parcels A and C shall be released or waived in any respect during the period they are binding without the prior consent of the City reflected by resolution thereof. The dedications, covenants and restrictions herein set forth shall be deemed to run with the land herein described (Parcels A and C) and to be a benefit and a burden thereto and to anyone acquiring a record interest therein, and the successors, grantees and assigns thereof, as well as being a benefit to and specifically enforceable by the City. The dedications, covenants, and restrictions shall be and remain effective aforesaid for the period of the life of the longest lived member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County, Colorado real property records, whichever period is less. IV. CONSTRUCTION OF IMPROVEMENTS A. Nature and Estimated Costs of Improvements. Owner hereby agrees to be responsible for the making and installation of the improvements to be contained within the development indicated on the Plat, to the extent required by Section 20-16(a) of the Municipal Code. The nature, extent and estimated cost of such improvements shall substantially conform to the schedule entitled "Smuggler Mobile Home Park Improvements Schedule" annexed hereto and made a part hereof as Exhibit F, which schedule delineates separately the improve- ments to be undertaken in connection with Parcel A (pages F-l through F-6), the improvements to be undertaken in connection with Parcel C (pages F-7 through F-IO) and designation of the parties to assume the responsibility for continued maintenance after installation of utility improvements within Parcel A (page F-ll). Schedule F also delineates the separate areas of -11- tIt)lJR424 'i'~;Gi 791 ,.-'. .~ responsibility for completion of improvements to Parcel A and the allocation of costs therefor as between the Owner and the Association (pages F-ll through F-15), pursuant to antecedent agreement between the Owner and the Association, which agreement is by all parties hereto hereby confirmed, accepted, ratified and acknowledged. The Owner agrees, however, that notwith- standing the agreement aforesaid with the Association, the City shall have the right to hold the Owner fully responsible for the completion of all improvements described within Schedule! F, without prejudice, however, to the right of the Owner to pursue any remedies that shall be available to it by reason of the failure of the Association to complete the improvements on its part to be done pursuant to its agreement aforesaid. In the event that the City shall elect to hold the Owner respon- sible for the completion of any improvements which the Associa- tion has agreed to complete, as herein confirmed, the City shall thereupon assign unto the Owner the benefit of all financial assurances made by the Association in Section X hereinbelow in respect of such improvements to the end that the Owner in its own right shall be entitled to vindicate each such assurance. B. Construction Schedule. In accordance with the requirements of Sections 20-l6(c)(1) and 24-8.9(b) of the Municipal Code, construction of all development shall substan- tially conform to the "Construction and Development Schedule" annexed hereto and made a part hereof as Exhibit "G", which schedule includes the beginning and completion of the improve- ments. C. Paving of Internal Road System. The parties acknowledge and agree that upon the completion of a master drainage system for the proximate area covered by the development activities contemplated herein, the Association shall cause ' the internal roadway system for Parcel A to be paved at the Association's expense. In the event the Association shall fail so to do within a reasonable period from the time its obligation becomes fixed, the City shall be entitled to pursue any and all remedies necessary to secure the specific perfor- mance thereof, including a judicial action therefor or, extra- judicially, the right to assess for the cost of such paving and lien therefor all of Parcel A and individual mobile home spaces therewithin and foreclose the same in the manner by the City deemed most expedient and appropriate. Furthermore, in all events the City shall be entitled to its costs and reasonable attorneys fees incurred or occasioned by any default of the Association in respect of the road paving. V. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER. In the event that the City determines that the Owner is not acting in substantial compliance with the terms of this -12- ^ ,.- <1i01W 1J2 A p.er 792 'vl~ur~ 1;;1: 'lj: '. ,'I~~"-" " agreement, the City may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to cease and desist from such non-compliance and rectify the same within such reasonable time as the City may determine and specify in such order. Within twenty (20) days of the receipt of such order, the Owner may file with the City a notice advising the City that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: (a) whether the alleged non-compliance exists or did exist; or, (b) whether a variance, extension of time or amend- ment to this agreement shall be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City for other hearings. If the City determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such compliance orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be granted without a written finding of the City that clear and convincing evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted shall, at the option of the City, and upon written notice to the Owner terminate any of the approvals contained herein. At any such hearing, the Association shall be entitled to respond and present such evidence as shall be material to the hearing. In addition to the foregoing, the Owner may, on its own initiative, at any time petition the City for an amendment to this agreement and the exhibits annexed hereto or to extend any of the time periods required for performance. With respect to the Smuggler Mobile Home Park Improvements Schedule (Exhibit F), and the Development and Construction Schedule (Exhibit G), the Owner has made various assumptions, which the City hereby acknowledges and accepts, including the following: (1) Completion in an expeditious manner of the bidding, contractor selection, and implementation phases to meet the dates indicated; (2) Confirmation of the construction schedule by selected contractors; -13- i~ ,-" OODli 424 f~iGl: 793 (3) Availability of the required labor and materials during each phase. The City shall not refuse to extend the time periods for performance indicated in the Smuggler Mobile Home Park Schedule or refuse to allow reasonable adjustments to the Construction Schedule if the Owner demonstrates by a preponder- ance of the evidence that the reasons for such extension or said adjustments result from the failure of such assumptions by reason of events beyond the control of the Owner or are otherwise beyond the control of the Owner despite good faith efforts on its part to accomplish the same. VI. EASEMENTS, RIGHTS OF WAY AND RELOCATIONS The attached Plat sets forth certain easements, rights of way and anticipated relocations that will be necessary to cause the improvements anticipated thereon, which easements, rights of way and relocations include the following: A. Trailer Relocations. As shown~ ~e Plat, the mobile homes occupying Space Numbers 28, 40, ~, ~ 74 and 84 are to be relocated. This will be accomplished as soon as possible following the transfer of Parcel A to the Association. The cost of relocation is to be shared by the Owner and the Association pursuant to antecedent agreement. B. Road Realignment. As shown on the Plat, the internal road system within the Smuggler Mobile Home Park shall be realigned to provide more functional turning radii for emergency vehicles. However, due to insufficient road rights of way, nonetheless, all streets and roads within the Park shall be privately maintained, including snow removal. C. Gibson Avenue and Spruce Street. As shown on the Plat, the Owner hereby dedicates to the City for roadway purposes to accommodate the expansion of Gibson Avenue and Spruce Street the forty (40) foot easement shown on the Plat in this proximity, such easement in reference to Spruce Street being 5,692 square feet, more or less1 in reference to Gibson Avenue (southwest) being 3:~3n. 2 square feet, more or less 1 and in reference to Gibson Avenue (southeast) being 5,459.4 square feet,more or less1 all as is shown on the Plat. D. Access Easement. The Owner hereby dedicates to the owner(s) of mobile homes and spaces within Parcel C access to and egress from Parcel C over the roads and over any paths and ways shown within Parcel A on the Plat. -14- .~ ..-, !1D01\ 424 l~AGE 794 E. Utilities and Drainage. There is hereby estab- lished and agreed between the City and the Owner necessary easements for the relocation, installation and maintenance of utilities and the establishment and maintenance of drainage, as such easements may be specifically set forth on the utility sheets, the utility relocation sheets, and the drainage sheets as appended to the Plat. The parties recognize, however, that consistent with prudent construction decisions to be made during the improvement phase, the location and configuration of utility and drainage easements may be required to be altered in certain respects, all as shall be disclosed in appropriate amendments hereto and to the plats incorporated by reference herein, and that in this respect it is acknowledged that any present expectations of individual Association members in respect of such easements may be required to be changed accor- dingly. F. Miscellaneous. All easements, rights of way and relocations as may be further shown on the Plat albeit not specifically herein referred to are hereby established, granted, dedicated and confirmed by the Owner and authorized and ap- proved by the City. VII. OTHER EXEMPTIONS, EXCEPTIONS OR DEDICATIONS In accordance with Section 20-18 of the Aspen Municipal Code, the following exemptions and dedications apply: A. Exemptions. The following exemptions or excep- tions from the allotment procedure of the growth management quota system ("GMP") apply in respect of the parcels and development activity herein described and shown on the Plat: (1) Parcel A. As indicated above, no new housing units are to be added to Parcel A and no development activity within the purview of the GMP is to occur on Parcel A; (2) Parcel B. The City agrees that both the creation of Parcel B and the relocation to it of the single story frame Victorian style house, all as above-described, is and shall constitute development activity that shall be ex- cepted from the GMP under Section 24-11.2 of the Aspen Muni- cipal Code. (3) Parcel C. The City agrees that the crea- tion of Parcel C and the improvement thereof by the addition of seventeen (17) new mobile homes that shall constitute deed or covenant restricted housing within the meaning of Section 24-ll.2(i) of the Aspen Municipal Code shall be excepted from the development allotment procedure of the GMP. -15- ,IfI""... ,.-. g'JOK 424 PACt 795 (4) Parcel D. Parcel D has been proposed for disconnection from the City and as and upon such shall not require subdivision review/approval. B. Park Dedication Fees. (1) Exemptions. Pursuant to Section 20-18(7) of the Aspen Municipal Code, the City hereby agrees to and shall exempt from the dedications contemplated by Section 20-18 of the Code so much of the development activity contem- plated herein and on the Plat for Parcel C as shall constitute moderate or low income housing. (2) Land Dedication. To the extent that any development activity contemplated herein and on the Plat for Parcel C shall constitute middle income housing, as the Owner may at its discretion determine, albeit within the initial sales price constraint hereinabove set forth, the Owner agrees to pay a park dedication fee for each such dwelling unit (i.e., mobile home) that it sells for a sales price in excess of applicable low or moderate (but in any case not to exceed $70,000.00, as above provided) income guidelines. For purposes of calculating such fee, the agreed current fair market value of the land referable to each such dwelling unit is $25,000.00 , one percent (1%) of which shall be multiplied by the number of residents for each such dwelling unit as that number shall be determined under Section 20-18(1) of the Aspen Municipal Code. Because it cannot yet be known whether a park dedication fee will be payable, given the discretion of the Owner to sell such dwelling units at a low, moderate or middle income level, the City through its Finance Director as evidenced below hereby agrees that (a) the park dedication fee, if any, payable in respect of any dwelling units to be installed within Parcel C, need not be paid until but shall be paid at the closing of the sale of any dwelling unit for which a park dedication fee is payable, and (b) that sufficient reasons and assurances of payment exist to warrant the foregoing postponement of payment and the recordation of the Plat in advance of such payment, provided, however, that the Owner hereby acknowledges and confirms that upon the recording hereof in the Pitkin County, Colorado real property records, this Agreement shall consti- tute a lien upon so much of Parcel C and any dwelling unit thereon for which a park dedication fee shall become payable, as above provided, to secure the payment thereof. Furthermore, any instrument of conveyance to any mobile home transferred without payment of the park dedication fee, if due, shall be a nullity until such time as the required fee, if any, is paid. -16- I'" ~ --~ lliJIVl4.24 i'~[ 796 VII 1. WATER AVAILABILITY Water lines shall be installed consistent with the provisions contained within the utility sheets, water line details and the costs of such installation shall be those estimated amounts as set forth on Exhibit "F" hereto annexed. The City agrees upon approval of this Agreement and the Plat through its water department to supply water consistent with the proper servicing of the needs of the improvements to be constructed at Smuggler Mobile Home Park as above-described, and in this respect the City agrees that the tap fees to be charged in connection with the water servicing of Parcel C will be based upon the tap fee schedule in effect and applicable as of September 27, 1980. IX. SEWER AVAILABILITY Sewer lines shall be installed consistent with the provisions contained within the utility sheets, sewer line details and the costs of such installation shall be those estimated amounts as set forth on Exhibit "F" hereto annexed. The City agrees, upon approval of this agreement and the Plat by the Metropolitan Sanitation District that sewer services are fully available for the development anticipated on the Plat, and that the estimated costs for sewer taps and related fees connected with the installation and hook-up of such sewer services are estimated to be the sum of $13,600.00, which amount was prepaid by the Owner at the behest of the Sanitation District prior to December 31, 1981, in order to secure the more favorable rate structure then in effect. The availability of such sewer services shall be provided by the Sanitation District in a manner that conforms to the estimated construction and development schedule as set forth in Exhibit "F" attached hereto. X. FINANCIAL ASSURANCES Pursuant to Section 20-l6(C) of the Municipal Code, the Owner and the Association (to the extent of its undertaking in respect of the improvements) hereby agree to provide a guaranty in the sum of $463,883.50, which sum represents the estimated cost of 100% of that portion of the improvements set forth and allocated under Exhibit F hereto for which the City, through the City Engineer, has requested financial assurance. That portion of the improvements for which financial assurance has been requested and which hereby is agreed to be given is described on Exhibit "H" hereto. The guaranty to be pro- vided by Owner and the Association (to the extent of its undertaking in respect of the improvements) shall be in the form of a cash escrow with the City or a bank or savings and -17- I"""'-.~\ -- ~ SDOK 424 nIt[ 797 loan association; or shall be in the form of an irrevocable sight draft or letter of commitment from a financially respon- sible lender; and such guaranty shall give the City the uncondi- tional right, upon default by the Owner, or its successor or assigns or the Association, as the case may be depending upon the nature of such default, to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and accep- tance, he shall authorize the release of the agreed estimated cost for that portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. Unless otherwise agreed during the course of construction of the improvements the financial assurances herein provided may be amortized in the manner set forth in the Progress Chart Release Schedule attached hereto as Exhibit "I". It is the express understanding of the parties that the procedure set forth in paragraph IV pertaining to the procedure for default and amendment of this agreement shall not be required with respect to the enforcement and implementa- tion of financial assurances and guaranties to be provided by Owner as set forth above and required by Section 20-16(c) of the Municipal Code. XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. D. This Precise Plan and Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. -18- ooo~ 424 "AGE 798 ,.,.....,-- .--. -- E. Numerical and title headings contained in this contract are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. In order more fully to effectuate and preserve the performance of the terms, conditions, provisions, covenants and agreements herein contained, the parties agree that this Precise Plan and Subdivision Agreement for Smuggler Mobile Home Park shall, by the City, be recorded in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 ASPEN MOUNTAIN PARK c/o Robert W. Hughes, Esq. OATES, HUGHES & KNEZEVICH, P.C. 600 E. Hopkins, Suite 200 Aspen, CO 81611 SMUGGLER MOBILE HOMEOWNER'S ASSOCIATION P.O. Box 606 Aspen, CO 81612 H. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described in Exhibit A hereto and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respec- tively indicated, in full understanding and agreement to the -19- ",,"- ~F,-i~~lEST: "....':' "",' "., ,;t"'o, ,.-., "" ,-. ooll~424 i)~~[ 799 terms and conditions herein contained. CITY OF ASPEN, a Colorado rporation By an Edel, May City Clerk ~ay of , 1982. a Colorado MUGGLER MOBILE HOMEOWNERS' ASSOCIATION, a Colorado Cooperative ~ By ~Jrd1 ~ Pres dent PITKIN LTD., a Colorado corporation, '{,t 1 -20- r\i I""- /""", ^-- !WrOJx424 Ir~[{800 STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN The fore~' g ~nstrument was acknowledged before me this,?6u day of -' , 1982, by Herman Edel, as Mayor, and Kathry Koch, as City Clerk of the City of Aspen, a Colorado Municipal Corporation. ;:.;\ I"' WITNESS my hand and official seal. My commission expire~ R/~/~3 My address is: l';?ip ;t:f.Jf~ ~ Cc .7'16>11 l1!a()~ILIAdz, C (>.-JJ IJAeL./ otar Public \'or . _'j SE'AL) IhTf. '."'.. ...,?'" ':.1' \. uT -(,. ~ v t--U L r^ 0- l'/:> ,;: C!,~ STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN J~/ The forego in this .; day of r PARK, a Colorado general was acknowledged before me n , 1982, by ~~.er ttJ. ~f /f-S , as General Partner of ASPEN MOU TAIN partnership. ~SEAL) WITNESS my hand and Of~if,~l My commission expires: o/~/'K5 My adg,r1}es.. s is: $t~e. ., ~jJ1~ , j seal. STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN ~/ The foregoing instrument was acknowledged before me this <f'I"'X..- day of ?rJ4...(./!,I_ , 1982, b~_ €./i'Z4be-t1> -.JOht'lSbn , as President and ~ fi"...si luer- as secretary of SMUGGLER MOBILE HOMEOWNERS' ASSOCIATION, a Colorado Cooperative. '~'.'. i:',:-,' WITNESS my hand and official seal. My commission expires: 9-/9- g<{ My address is: ~()O e. JIopk.'ns, 5ulk 2Oonth"....,... c:. 8'/~11 ,. "'!I " ""':1 r .- ~AL;)'.' r" " ~ fill \v :" 'Jy '('l , ,._~-,"'~5~~/ P CO\" $t -u J<., ~ ~, !" J,.f' ~,.,?'~'.... > tary Pub ic -21- ,.....,^ A- m 424 l'A/;[BOl STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN . 7Jd The foreg<;l.ing instrument was ackn~dged befOhe me th~s ~- day of /1/::: ' 1982~ by /<1t:JM/:f D. J(1H.~~tlJ(YI .~__ , as Wi:trsident , an /?'/:J ~/lj b/ .-it , as Secretary of PITK N L;D., a cot rado corporation. ,,', . WITNESS my hand and Off~'~' 1 seal. """',, '.. ". My commission expires: ~~ 'B ,. < ).,1... , . / <, ' :, "- My apr!i ~s: !,{ \ 1NiiA~~' \ J:;C,d' r1~ /l ~ ~4- ./ V/ /~~ L.... OI..\\J '() { -;.. :.rA <., N t .', '"i;,. ,,' ,:' 0 ar <'>, . <:' \)' ~.-, IF C ::.\. -22- (" ~ \. -' BOOK 424 fACE 802 EXHIBIT A - Legal Description, Smuggler Mobile Home Park EXHIBIT B,- Legal Description, Pitkin Reserve EXHIBIT C - Application for Disconnection EXHIBIT D - Site Tabulations EXHIBIT E - Plan of Abatement EXHIBIT F - Smuggler Mobile Home Park Improvements Schedule EXHIBIT G - Construction and Development Schedule EXHIBIT H - portion of Improvements to be Financially Secured EXHIBIT I - Progress Chart Release Schedule , ""'" , -_1' r--, !J(!rut4:24 fl~[803 ^ -- , '5{iClfI 4Z4 ,n~;E804 ----- ....-.. A tract of land sit.uated, ina portion of the East Aspen Townsite, the East one-half of tbe Southwest one-quarter and the West one-half of t~e Southeast. one-quarter of Section 7, Township 10 Soutb, Range 84 West.~f the 6th P:H.;. de'i'crl,~!.~ as_t.~l~~~~&- ., . ..~. .- BEGINNING at Corner Noo 10 of the East Aspen Townsite; thence North 54052'17" West 58.10 feet to Corner No. 11 of said East Aspen Townsite; thence North 66011'00" West 142.33 feet;- thence:North 05010'42'1 West 114.35 feet to Corner Noo 16 of said East, Aspen .Townsite; -.. .. .- thence North 44029'22" West 312.67 feet to Corner No. 2S Aspen Townsite along the Northerly boundary, of parcel of in Book t05 at Page 579, Pitkin County records; thence North 45012'59" West 128.83 to.Corner No. 24 of said East Aspen! Townsite along a portion of said Northerly boundary; thence Noith 24"05'24" East ~39.28 feet; thence North 37011'41" East 20.25 feet; thence South 44"35'50" East 12.15 feet; thence North 29"03'05" East '1"02.32 feet along an existing fence and extension ,thereof; . . thence South 4.08 feet;. , thence North 37"11'41" East 154.57 feet) thence North 78"25'15" East 77.68 feet; thence North 89"57'10" East 303.99'.along boundary,line described in Book 280 at Page 827 and re-recorded in Book 280' at Page.965,P'i tkin County recprds;. . thence South 63"44'45" ~ast 168.08 feet thence South 81"23'42" East 183.42 feet thence South 89"25'42" East 98.00 feet thence South 54034'55" East 64.87 feet thence South 52"47'48" West 188.36'feet Aspen Townsite; thence South.34055'lS" West 760.18 feet to The Point of Beginning. . it of said Eas t . land describe~ ! . along said boundary line; along said boun~ary line; along said boundary.line; along said boundary line; to Corner No. 5 of said East Pitkin County, Colorado. ~..._._- ..-..... ~ /~ '&"Jm4-24 fAiGf805 Q ;-0 BOUNDARY DESCRIPTION B'lllJ!\424 "AiG[806 A tract of land being part of the SW-l/4 of the SE-l/4 and Lot! 14 of Section 1, and the NW-l/4 of the NE-l/4 and Lot 14 of : , Section 12 and part of tract B of the Brown Placer U.S.M.S. No.1 15047 and the Nellie Mc No.2 O.S.M.S. No. 15047 together with! a part of Lot 23, Block 2, Pitkin Green Subdivision, all in . Township 10 South, Range 85 West of the Sixth Principal Meridia~, said tract is more fully described as follows: Beginning .at a point on the Northeasterly right of way line of ! the Denver and Rio Grande Western Railroad whence the northeast: corner of said Section 12, a brass cap, bears N 70025'07" E . 1636.50 feet, Thence along said right-of-way line the following! courses and distances: ' S56010'00"E 265.52 feet, 380.53 feet along the arc of a curve to the left having a radius of 523.69 feet, N82012'00"E 137.57 feet, 248.29 feet along the arc of a curve to the right having a radius of 623.29 feet to the intersection with the west line of Lot 1, Green Acres Subdivision, Thence South 148.14 feet along said west line to the intersection with the boundary described in Book 213 at Page 163, Th~rce along said boundary the following courses and distances: N89004'OO"W 198.30 feet, S40029'OO"W 59.20 feet, S8l0l2'OO"W 113.20 feet, S65051'OO"W 23.76 feet to the intersection with the northerly boundary of the Second Aspen Company Subdivision, Thence along said northerly boundary and along the westerly boundary of said subdivision the following courses and distances: S820l7'00"W N840l8'00"W S00026'55"E River, Thence along the centerline of the Roaring Fork River to a point at the confluence of the Roaring Fork River and Castle Creek, Thence along the centerline of the Roaring Fork River the following courses and distances: N07027'OO"E 268.81 feet, N08037'00"W 150.33 feet, N37028'00"W 66.23 feet, N4504l'00"W 79.88 feet, N5l000'00"W 76.10 feet, N62023'00"W 82.10 feet, Thence departing from said centerline 213.52 feet to the most westerly pitkin Green Subdivision,. Thence 242.94 180.76 to the feet, feet, centerline of the Roaring Fork N430ll'OO"E corner of Lot southeasterly 4, along the Q r'\O eflllll 424 j)~tt 807 southwesterly lines of Lots 4, 5, 6, 7, 9 and 10, Block Ii Pitkin Green Subdivision, said lines being 10 feet from i and parallel to the northeasterly right-of-way line of th~ Denver and Rio Grande Western Railroad, the following courses and distances: 52.21 feet along the arc of a curve to the right having a radius of 1015.37 feet and whose chord bears S4604l'23"E 52.20 feet; S450l3'00"E 147.00 feet; 309.83 feet along the arc of a curve to the right having a radius of 1015.37 feet; S27044'00"E 81.00 feet; 365.21 feet along the arc of a curve to the left having a radius of 730.80 feet; S56022'OO"E 125.82 feet; 377.83 feet along the arc of a curve to the right having a radius of 1333.57 feet; S40008'00"E 14.44 feet to the easterly line of said Lot 10; Thenci along said easterly line N36009'OO"E 33.68 feet to the westerly corner of Lot 23, Block 2, Pitkin Green Subdivision; Thence along the southerly line of said Lot 23 the following courses and distances: S6l0l4'00"E 135.43 feet; S88050'00"E 162.41 feet; Thence S35052'00"E 159.49 feet; Thence S430l2'00"E 209.77 feet; Thence S39004'OO"E 144.45 feet; Thence S58000'00"E 165.01 feet; Thence S50000'00"E 131.64 feet; Thence S330l0'00"W 191.72 feet to the point of beginning; Excepting therefrom that portion lying within the right of way of the Denver and Rio Grande Western Railroad. County of Pitkin, State of Colorado. -2- ,....." ,,-, ~ ooox424 PAGl808 - .... - ~. (~ 9i,llill,424 i1A~B09 APPLICATION FOR DISCONNECTION OF TERRITORY FROM THE CITY OF ASPEN The undersigned applicant, being the landowner within the exterior boundary of the territory described in Exhibit "A" attached hereto and incorporated by reference herein, which territory lies within and adjacent to the boundary of the City of Aspen, pursuant and subject to Sections 31-12-501 et ~ C.R.S. 1973, hereby respectfully applies to the City Council of' By j2. Alexander partner /l rPU . . ,~/ L~... --L-'- general > the City of Aspen for the enacement of an ordinance disconnect- ing the property above-described from the City of Aspen. DATED: rebru~(j J~ (9 <i-I , ASPEN MOUNTAIN PARK, a Colorado general partnership - ,.,t. .... ~ (/fi!1 \ Bo(JII 424 f~l;[ 810 , A PARCEL OF L.~D SITUATED IN. THE SOUTH 1/2 .OF SECTION 7, TOlv"NSHIP"1.0 SOUTH, RANGE 84 j-;'EST CF THE 6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT j.;HENCE CORNER NO. 5 OF TRACT A, ASPEN Trn\~SITE ADDITION BEARS S 52047'48" W 35.00 FEET; THENCE N 45026'09" W 213.77 FEET; THENCE S 81023'42" E 125.00 FEET; THENCE S 89025' 42" E 98.00 :FEET; THENCE S 54034'55" E 64.87 FEET; . .THENCE S 52047'48" W 153.36 FEET TO THE POINT OF BEGINNING, CONTAINING 0.436 ACRES, MORE OR LESS. ~ EXHIBIT nAn TO APPLICATION FOR DISCONNECTION (ASPEN MOUNTAIN~~ARK, APPLICANT) Da ted: tlh ~ {~ ( If cf( . U I. ~ o ?"\ Brl.Thl\424 liARBi1 ~, ^ Site Tabulations (By Parcel) Total Acreage 11.8 Parcel A .;.... B'illJK424 F;\Gt812 Acreage.- 9.133 Proposed Zoning - Mobile Home Park Number of Units - 87 Mobil~ Homes,l Laundry/meeting room Leasehold spaces - 5.929 acres Rights of Way/Easements - 2.205 acres Common Space - 1.010 acres Parking - 2 spaces per lot 56 additional guest/RV parking spaces Parcel B Acreage - .356acr",s Proposed Zoning - R-15, single family residential Number of U~its.- 1 residence Structure - Single story fram~ victorian Building Coverage - 1,200 square feet Easements .089- acres Parking - 2 spaces J Parcel C Acreage - 1.912 acres Proposed Zoning - Mobile Home Park Number of Units ~ 17 mobile homes Leasehold Spaces - 1.368 acres ' R~ghts of Way/Easements - .536 acres Common Space - None Parking - 2 spaces per unit 5 guest spaces Parcel D (to be deeded to Pitkin County) Acreage - .402 acres , , 1"""'0. ,-" BOOK 424 p~G[ 813 ., .<>; ,-- -- ABATEMENT SCHEDULE 1\\1IJ~424 f~R814 THIS SCHEDULE shall govern the abatement of the non- conformi,ties of the presently existing improvements in /' Smuggler Trailer Park, also known as Aspen Mountain Park. 1. NON-CONFOR.."1ING H1PROVE!1ENTS: Improvements located within the Park which do not conform to the Municipal Code of the City of Aspen in the following respective categories, shall be corrected so as to conform as follows (all time periods shall be deemed to commence on the date of the sale of the Park to the Smuggler Mobile Home Owners' Association): A) Any mobile home that encroaches in a significant manner on the private rights of way, to be shown on the Improvement Survey for Smuggler Mobile Horne Park, which shall be attached hereto as an exhibit when completed, shall be relocated so as to no longer encroach on those rights of way within two (2) years. B) Any mobile home which encroaches in an insigni- ficant manner upon any of the private rights of way shall be moved at such time as the owner thereof replaces a mobile home on that space, a variance from the present provisions of the Municipal Code. C) Any outbuilding or other improvement that encroaches upon any private rights of way or on the adjacent mobile home space shall be moved within two (2) years. D) Any outbuilding or other improvement that is located too close to any mobile home located on an adjacent lot, shall be relocated within two (2) years. ~ ~1 42 i Ar 0_rr'! "IO~ 4 1,,,,815i E) Any outbuilding or improvement that is located too close to its own mobile home shall be removed or brought into compliance with the fire standards stated in the Uniform Building Code, within five (5) years. F). Any addition to a mobile home, other than a deck, shall be brought into compliance with the Uniform Building Code within two (2) years. G) Any deck which is too close to any adjacent mobile home shall be removed and/or relocated so as to correct its non-conformity within five (5) years. II. OPTIONS OF THE BOARD OF DIRECTORS: The Board of Directors of the Smuggler Mobile Home Owners' Association and the Architec- tural Control Committee theroef, shall have the option, at their discretion, to require any correction of any situation which is in violation of any provisions of the Municipal Code for the City of Aspen, on any space within the Park, at such time as any owner or occupant applies for any approval for any type of construction on the mobile home space, or if the Board of Directors deems that the situation should be corrected when the Association is constructing or relpcating improvements within the Park. III. ENFORCEMENT: After the respective time periods have elapsed as discussed herein, the City of Aspen shall have the right, by injunctive means or otherwise, including, but not limited to, treating a non-abatement as a violation of the Municipal Code of the City of Aspen, to require the non-conformity to be corrected on any particular mobile home space if the same has not been corrected in accordance with the time table as discussed herein. -2- 1"". I"". ooot;424 i:AR816 ~ . 1"""-, ^. :.lnDK42",,~.r'8'1" hi'. 'ij: ~I!,,(l,~. I.t Smuggler Mobile Home Park Improvements Schedule - Existing Units (Parcel A) ITEM/PRELIMINARY PRICE ESTIMATE PER UNIT TOTAL I. Sewer Improvements 1. Palyvinyl Chloride Sewer Pip~ (Main) includes Furnishing: a) 8" Pipeline, 8 feet to 10 feet depth of cut, 1,822 LF @$24/LF $36,440.00 b) 8" Pipline, 10 feet to 12 feet depth of cut, 350 LF @$24/LF 8,400.00 2. Manholes Standard, includes furnishin gs: a) Standard M.H. 8 feet to 10 feet in depth 8 ea. @$l,OOO/ea. b) Standard M.H. 10 feet to 12 feet in depth 2 ea. @$l,200/ea. 8,000.00 < 2,400.00 3. Sewer Service Connections to Main Line includes furnishings: 8" to 4" PVC-"Y" 89 ea at $60 5,340.00 4. Sewer Service connections to Trailers NOTE: Allowance only - this is considered adequate for required plumber "Hook-up" to trailer. Work to be done is from property line to trailer sewer outlet. 89 @$1),000 89,000.00 5. Sewer Service Pipelines NOTE: Work to be done up to but not past trailer lot property line. 4" PVC, 2,500 LF .$17/LF 42,500.00 6. Imported Back Fill (if required) Includes: Road Base/Sand, 400 Cu.Yds. at $18jCu.Yd. 7,200.'00 F-l 3{,OK424 PAGl818 """ -- 7. Rock Excavation Exact cost per cubic yard excavated, including explosives, plus 10% fee NOT EXPECTED NOTE: Not anticipated in soils reports. 8. Sewer & Waterline Crossing Allowance includes: 5 @$350 1,750.00 9. Connection of New Main Line to Existing Manholes No. S-8 Standard OTOO,- Line-A, 1 @$550 550.00 Sub Total $148,740.00 10. Supervision - 10% 14,874.00 < 11. Contractor Overhead/Profit 10% 14,874.00 12. Contingency - Change Orders 11,512.00 TOTAL $'190,000.00 II. Gas Improvements 1. C&W Mainline, 2" Pipe 350 feet @$3/LF ... 1,100.00 2. Regular 2" Pipe (Mains) (PE) 400 feet @$1.50/LF 600.00 3. Regular l~" Pipe (Mains) (PE) 2,500 feet @$l/LF 2,500.00 4. Service Lines to Trailer NOTE: Contingent upon City of Aspen approvals for "re-piping". 89 @$lOO/ea. 8,900.00 F-2 '"1DV 42 ,A '''G' 8, 19 w~, f\' , ~ 'r,,~\ ,L~ ,', ' .I~' ,-,. 5. Skilled & Unskilled Labor $10,000.00 6. Equipmeut 2,000.00 7. Contractor Overhead, Profit, Supervi-~ sion 2,500.00 8. Contingency 2,400.00 TOTAL $ 30,000.00 III. Electric Improvements 1. 100 amp Underground Services & Pedestals, Meter Housing & Discon- nects at Existing Poles (Holy Cross) to meet N.E.C. Requirements. 89 @$1,275/ea. 113,475.00 2. Excavation, Sand Bed 6" below & above Wire, Backfill. 31,500.00 NOTE: . Includes off site material suitable for sanding at approximately $20/Cu.Yd. in place, Labor & Equip. 3 . Contingency 1,025.00 TOTAL $ 146,000.00 NOTE: ContractoD Profit, Overhead Supervision included in Item #2 above. IV. Water Service Improvements A. Future 1. Add 1 Fire Hydrant SE. Section of Project 6 feet depth (includes excavation, asphalt patching, hauling, backfilling). 225 LF 6" DIP @$25/LF 5,625.00 1-8" x 6" TEE @$250/ea. 250.00 1-6" Valve & Box at $ 500/ea. 500.00 F-3 ~, -- i i i , I i ?!Jt1~ 424 ,p'~i1;{ 820 I-Hydrant @$1,500/ea 1,500.00 'irOTAL $ 7,875.00 2. Sewer & Water Line Crossing 230 @$350/ea. (optional) 700.00 3. Water Service Connections to Laundry (1 @$1,500) Units 28, 40, ($l,OOO/ea.) tJ, ~ 78, 84 7,500.00 NOTE: Includes Excavation/Backfill 4. Contractor Overhead, Profit & Supervision 1,650.00 5. Contingency 1,750.00 TOTAL $19,475.00 B. Water Improvements (already Placed by City) ITEM/UNIT PRICE TOTAL 1. Water Main (12", paid at 8" rate), 2 Fire Hydrants 8" DIP, S10 LF @$17/LF 6" DIP, 108 LF @$14.50/LF 8" MJ 'GV + VB, 3 @$S60 1 at Tap, 1 at Tee, 1 on Tee 8" 4S' Bend @$200 8" x 8" Tee @$300 6" ~V + VB 2 @$420 6" Fire Hydrant, Drain and Kickblock, 2 @$1,250 8" x 6" Tee & KB, 2 @$300 8" MJ x FLG Tee, 1 @$300 8" MJ CI Plug + KB, 1 @$150, Compensation, 8" Tie-in @$2,200 Compensation, Plug + abandon 4" line @$S15 Furnish + Install Class 6 Base course, 1,070 tons @$6.90 7,390.00 $ 8,670.00 1,856.00 1,680.00 200.00 300.00 840.00 2,500.00 600.00 300.00 150.00 2,200.00 S15.00 TOTAL $27,201.00 F-4 5'JlJK 424 l'ACt 821 ~ .~ V. Rough Grading & Finish Grading for Roads & Parking 1. Rough grading of approximately 30 feet between prop",rty lines. Best compaction !. obtained by standard roller methods, ie., NO Vibration, NO retaining walls, remove any existing paving. Cut, Fill Balance 2,550 LF at $3/LF grad~ for approximately $7,650.00 2. Finish Grading of Approximately 30 feet width, as above. 2,550.LF @$2/LF 3. Contractor Overhead & Profit TOTAL. 5,100.00 1,275.00 $14,025.00 VI. Miscellaneous Work . 1. Remove 6 Existing Concrete Pads 1,200.00 2. place 6 new concrete trailer pads. Allow 6 cubic yards concrete, rein.- forcement steel, and forming for each pad. Building Department to decide requirements. 6 @$1,500/ea. 9,000.00 3. Removal of trash and general site clean-up. 2 days, 4 men, 8..hrs/ea. 1,400.00 64 hrs @$12/hr. Truck & Loader, 8hrs. @$80/hr. 768.00 640.00 4. Contractor Overhead, Profit & Supervision 1,160.00 5. Asphalt Removal (Done Fall 1981) 12,500.00 6. Landscaping (Trees, Sod) 2,500.00 TOTAL $27,760.00 F-S ~ ^ &lOK 424 ?~.Gt 822 VIJ Storm Drainage~ 1. Allowance for: Approx. 620' PVC Pipe, varying diameter (12-15-18"), 6 grated inlets. Plugged until naster arainage system is available. Bedded 2-3' deep. $34,000.00 TOTAL CONSTROCTION $488,461.00 . . . --. ~ W1th respect to storm dra1nage, further deta11 for the system is described in a memorandum dated February 5, 1982 to the Aspen Engineering Department, which memorandum is reproduced at the end of and hereby incorporated by reference into this Exhibit "F". F-6 .- .----~ -'.~--. i"'*'" ~ StlOK 424 fACf 823 Smuggler Mobile Home Park Improvements Schedule - New Units (Parcel C) Item/Preliminary Price Estimate I. Sewer Improvements 1. PVC Sewer Pipe (Main) 8" Pipeline, 8 to 10 feet depth of cut, 545 LF @$24/LF $13,080.00 2. Manholes Standard MR, 8 to 10 feet in depth, 3 @$l,OOO/ea. 3,000.00 3. Sewer Service Connections to Main line 8" to 4" PVC-"Y", 17 @$60/ea. 1,020.00,' 4. Sewer Service Connections to Trailers (estimated at $1,000 ea for plumber hook-ups - 17 units) 17,000.00 5. Sewer Service Pipelines; to trailer property line. 4" PVC, 475 LF @$17/ea. 8,075.00 6. Imported Back Fill (Road Base, Sand) 80 Cu. Yds. @$18/Cu. Yd. 1,440.00 SUB TOTAL $43,615.00 7. Supervision - 10% 4,361.00 8. Contractor Overhead - 10% 4,361.00 9. Contingency 3,000.00 TOTAL $55,337.00 F-7 .-, II. Gas Improvements 1. Regular 2" Pip'" (Mains) (PE) - 520 feet @$1.50/LF 2. Service lines to Trailers 17 @$100/ea. 3. Skilled & Unskilled Labor 4. Equipment 5. Overhead, Profit, Supervision 6. Contingency . III. Electric Improvements 1. 100 amp. Underground Services & Pedestals, Meter Housing & Disconnects at Existing Poles 2. Excavation, Sand Bed 6 inches around wire, backfill 340 LF @$7/LF 3. Contingency IV. Water Improvements 1. Water 8" Line 745 LF @$18.50/LF 2. Furnish & Install 8" M.J. Gate Valve & Box u___ _.... .. .U_._._U'p. F..,8 ~ E'JlJx424 i',,~[824 $780.00 -1.,700.00 2,000.00 500.00 500.00 500.00 $5,980.00 $21,675.00 2,380.00 1,000.00 $25,055.00 $13,782.50 1,700.00 OOOK 424 ,p~:ti. 825 I"" ^ 3. Eir~Bydrant, Drain to Kickblock @$1,250 1,500.00 8":'x 6" Tee and KB @$300 6" GV + VB @$420 8" GV + VB @$560 300.00 420.00 560.00 4. Furnish & Install 8" C.I., M.J. Tee & K.B., 8" xS" $350.00 5. Furnish & Install 17 Service Latterals, Not to include PIF (Tap Fees) $1,000 each to Property Line 17,000.00 6. Miscellaneous 8" M.J. Bends & K.B.'s . ., 3-45. angle C.I. @$200/ea. 3-22~~ang1e C.I. @$200/ea. 3-1l~. angle C.I. @$200/ea. 1-8" M.J. C.I. Plug & K.B. @$lSO 1,950.00 7. Allowance to connect 17 3/4" Services Plumber to Trailer from Property Line 17 @$8S0/ea. 14,450.00 SUB TOTAL $52,012.50 8. Contingency (Including possible ,sand bedding) 4,923.50 9. Possible Sewer Crossings 3 @$3S0/ea. 1,050.00 TOTAL $57,985.50 F-9 ,'-" ^ -.., B'Z!OK 424 p,\Gl826 v. . */ Grading/Drainage/Paving- 1. Rough Grading of Benches for Trailers and Road ROW Cut, Fill, Balance grade for approx. 1,000 cubic yards @$3/cu.yd. $3,000.00 2. Finish Grading of.approx. 700 LF @$2/LF 1,400.00 3. Paving, 2 inches asphalt over 8 inches suLtable. Compacted base, to 24 feet width average,: for 700 LF 1,867 Sq.yds. @$ll.50 21,470.00 4. Seepage Pit, Approx. 720 Cu.ft. Crushed gravel in 6' square concrete box, 2 grated inlets. Convertable to catch basin for connection to master ~rainage system. 12,000.00 5. Contractor Overhead, Profit, Supervision and Contingency 5,680.00 TOTAL $43,550.00 TOTAL CONSTRUCTION $187,907.50 ~ See note at page F-6, ante. : F-IO ~ ,.-,. :J\.U 424 f^iG( 827 Smuggler Mobile Home Park (Existing units) utilitIes Maintenance Responsibility ITEM RESPONSIBILITY Sewer A) a" Main, Manholes - Aspen Metro Sanitation District B) Service Connections - "T" at main to individual lot lines - Smuggler Co-op C) . Service Connections Lot line to T~ailer - Individual Owner Gas A) 2" & 1~" Main, and service lines to gas meter - Rocky Mountain Natural Gas B) Gas Meter to Trailer - Individual Owner Electric A) Overhead main lines through pole transformer - Holy Cross Electric B) Distribution line from transformer throu,gh disconnect - Smuggler Co-op C) Distribution line from disconnect to trailer - Individual Owner (Note: Meters may be placed on poles or on indivi- dual trailer pedestals, .based on Final :'Design). Water A) 12" Main, valves, fire hydrants - Aspen Water Department B) 2" Distribution lines - Smuggler Co-op C) Service lines to trailers - Individual Owners Roads Maintenance, plowing, etc. - Smuggler Co-op : F-ll : SMUGGLER MOBILE HOME PARK ,...., .~ Th.. ..OVEMENTS COST ALLOCATION R'0DX424 p,\(;1828 SHARED * / COOP AMP TOTAL SEWER Main, All Service $179,445 Lines (except as follows): Service Lines $ 4,222 (#4'f,01l) Service Lines $ 6,333 (1J74, f/84, Laundry) TOTAL . $179,445 $ 4,222 $ 6,333 $190,000 . GAS . . Main, All Service 28,330 --- Lines ( except as follows) : Service Lines - {041. U5f> 668 Service Lines 1,002 (074, fl84. Laundry) TOTAL $ 28,330 $ 668 $ 1,002 $ 30,000 ELECTRIC New Service Lines 137,705 (except as follows) : s~ce Lines - {O ,Ost> 3,318 Service Lines 4,977 (074, fl84. Laundry) TOTAL $137,705 $ 3,318 $ 4,977 . $146,000 '-*/Pur-suant to antecedent agreement, all shared costs are to be shared as between AMP (the Owner) and the Coop (the Association) on a 52:48 ratio, _ ,. F.,.12 .>'-. .;' a ratio respectively; , .-.[ l' , . IMPRQVEMENTS COST ALLOCATION (~ontinulO!d) ;hG,S29 Page Two 1"""', ,A, OOOK 4.24 t I. L ! SHARED COOP AMP TOTAL WATER New Main. Fire $ 41.176 Hydrant, Service Lines (except as follows) : Service Lines - 2,000 ( I/tI1* 1/51> Service Lines - 3.500 (1/74, 1/84, Laundry) TOTAL $ 4a;'if6~' $ 2,000 $ 3,500 $ 46,676' DRAINAGE Underground 34' ,000 St>orm Sewage System TOTAL $ 34',000 $ 34,000 MISCELLANEOUS Pad Removal - I/~I/~ 400 1/ ,1/ 400 f/74, 1/84 400 TOTAL $ 400 $ 400 $ 400 $ 1,200 New Pads - I/~ 1/40 3,387 II , 1/11 3,386 U74, 1/84 3,387 TOTAL $ 3,387 $3,386 $ 3,387 . $ 10 ,160 Asphalt 12,500 Removal TOTAL $ 12,500 $ 12,500 Cleanup/Trash .1.400 Removal TOTAL .$ '1.400' $ :1 ,400 F-13 IMPROVEMENTS COST ALLOCATION (continulO!d) Pag", Three """'" SHARED New Laundry! Meeting Room ROUGH!FINISH GRADING - ROADS, ENTRANCES, PARKING $ 1.4',025". TOTAL $ 14,~~,5" LANDSCAPING Entrances! Property Lines 2,500 TOTAL 2,500 GRAND TOTAL $454 ,868' I L, COOP , , ---'. $13 ,994 ":' F-14 ^ AMP Cost to be DeterminlO!d . $19,.599' : , , . ," "I 5DOK 424 ;"',GL 83a TOTAL $ 1'4,,025 2,500 $488,461 .j , i ,l-;~i,! - ~. .. .~ .-, SMUGGLER MOBILE HOME PARK IMPROVEMENTS COST ALLOCATION SHARED COOP AMP GRAND TOTAL $454,868 $ 13,994 $ 19,599 - 217,500 237,368 x 48% 113,937 x 52% 123,431 TOTAL 127,931 143,030 + 87 1,470 . F-15 . ;:-. "'- -,-,:,::""" A><:;' . 3'JOX 424i%: lhe Durant Mall. 710 East Durant Street Aspen. Colorado 81611 USA 303/925-2772 ..-" r""\ ' 5'JDX424 i'^CL832 February 5. 1982 1,__,1 TO: Jay Hammond. Aspen Engineering Department , FROM: John Hawkins lmenM9# RE: Smuggler Drainage System: Attached pl ease find two memos:. from Jim Flood, Wri ght-McGl augh 1 i n Engi neers. concerning Smuggler drainage. These memos~ summarize first estimates of drainage conditions in the area, and a preliminary drainage plan. The plan for drainage calls for dry wells to be converted to catch basins. , As you recall. subsequent discuss ion. with the City and Wri ght-McGl aughl in, has modified this plan to eliminate dry wells, and install capped catch basins. These' will be opened when a master drainage collection system is available for c.onnection. Based on discussions with Wright-McGlaughlin, this alternative should reduce the cost approximately $5,000. although the pre- liminary estimate ($10,000 for 4, dry wells) is being submitted with plat. The drainage system for additional units remains unchanged. with a seepage pit (approximately 720 C.F. of crushed gravel) initially constructed; to be 'converted to a catch basin when the master drainage system is available for connection. This seepage pit (as noted on Plat Map #2 - Utilities Schematics) will be connected to the storm sewers to be constructed in the existing Park. Preliminary Specifications for the system are as follows: Existing Park - Catch Basins (5) - Standard 5' diameter. Precast concrete basins, with grated inlets.' - Storm drain pipe (as noted in attached memo) _ 120+/- LF 18 inch PVC 200+/- LF 15 inch PVC 350+/- LF 12 inch PVC - Manhole - Standard cleanable manhole. ~":'",V^; i<:;' .<. "4. f""",. .~ Mr. Jay Hammond February 5, 1982 Page Two 42" 4 833' ~nn c;_n ,~.)~ 11~U~. i i New Units - Seepage Pit - 6' square concrete box, containing approximately 720 C.F. crushed gravel. 2 grated inlets. - Storm drain pipe - included in figures above, to connect to existing park drainage system. i. I i . l;; , i:'<'-'..-/....'.:<.~ CO"'~\..ETE ENGINEEAING r.EltYICIU ... "'THLs~oEC''''\..TY FIELDS 0.. WRIGHT-McLAUGHLIN ENGINEERS ^' ENGINEERING, CON.5ULTANTS ;~ 2.20 ALCOTT STREET DENYER.COLOR"'DO 802' I ."ToE" 5U~"'LY ilINO DISTltlllUTION ......TEA ilINO SE WilIGE 'TR[ilITMENT 511""AGECOLLECTION AND REUSE STO"M D"A''''ACE "IAE "'''OT!:CTIDN I'LOOD CONT"'OL OTHEJtW4TER_ORIENTED ~RO..lECTS ,:!IO:!ll.58-15201 ASPEN 00lJ!( 424 fA!;[ 834 November 24, 1981 Mr. John Hawkins Interwest Realty 710 E. Durant St. Aspen, CO 81611 RE: Aspen Mountain Park Drainage Facil ities Dear Mr. Hawkins, At your request we wish to offer the following review of drainage condi-' tions in the existing trailer park area and develop alternatives for im- provements to be done under the currently planned general improvement project for the Aspen Mountain Park area. EXISTING CON DIT I ONS"l . i "'ONALO I; MCLilIJOI1~U' KENNETH A WlIIl~"" . HilIL,.OfltD [ EltlC'tIlCU. DOUGL4S T SOY[I"'lI WILLlilIM C TilIGO'''' DilIVIO J. LOVE i ROBERT L. CilIRL[~ RON"'LD .. CLONli." J...M[5. B, I"LOCD JO"'N T. MeL"'NE 'CENE .... aU"AELI. i WU..LI"'",. Fo. KE"'O~I.lt. MICH"'EL E. MElII:C~lII: JO"'N~LAUM I JIMMIE D. WHITF'lILD 1II0BERT .... FE"'OU'OIll J. H...ROLDROaEfIt,a J"'CK W. STEINMEh. LE"'NDER L. Ul'tM't" i i i , I. , . Aspen Mountain Park is a parcel of approximately 12 acres which lies at the base of Smuggler Mountain. An area of approximately 240 acres has historic- ally drained through the Aspen Mountain Park area eventually to the Roaring Fork RiVer. For the purpose of this reconnaissance level report a similar basin analysis was performed using hydrology developed in the 1973 Urban Runoff Management Plan report prepared by our firm for the City of Aspen. This analysis is summarized as follows for the 240 acre drainage basin. Two year frequency peak discharge (02 yr) Two year frequency volume (V2 yr) One hundred year freque~cy peak discharge (0 100) One hundred year frequency 'volume (V 100) =9.6 cfs (cubic ft./sec.) =1.3 A.F. (Acre feet) =123 cfs =11 A.F. Historically drainage has flowed through the Park uncontrolled onto Gibson Avenue and into low lying properties on Oklahoma Flats before reaching the Roaring Fork River. ANALYSIS: Drainage of this magnitude, 123 cfs for the 100 year event cannot be effect- ively managed by on-site improvements only. With increased development in the Smuggler Mountain area the need for master drainage facilities increases. Drainage from tributary areas may be inter- ceptedby a master drainage system sized for a one-hundred year event. BRANCH OFFICES ASPEN 0139 VENTNQR AVENUE ASPE,N.,COLORAOQ.81611 GlEHWOOO'SPRiNGS p, 0 BOX 219 GLENWOOO SPRINGS. ,COlOFtA.DO 8~~1 STEAMBOAT SPRINGS P.O BOx 5220 STEAMBOAT VILLAGE. COLORADO ~,99 CHEYENNE 3130 HENDERSQN,DRIVt ,CHEYENNE."W'fOUING82Q01 DILLON lAKE DRAWER B FRISCO. COLORADO 80443 -- . 1"'.' , ' John Hawkins Aspen Mountain Park Page 2 NovernQer24, 1 981 '-", ~JOK 424 PACt 835 As the Park constitutes a small fraction of a much larger drainage basin which drains uncontrolled through the Park, the drainage situat'jon cannot be significantly improved without master drainage improvements that would benefit the entire Sumggler Mountain Area. The homeowners could construct drainage facilities that would improve local drainage around the mobile homes, however, the drainage will ultimately wash over Gibson Avenue onto lower prqperties on Oklahoma Flats, as it has historically. As drainage has historically been uncontrolled as it passes through the: existing Park the concl usi on: is two fold: 1. The roadway improvements should be designed in a matter precluding runoff above historic levels from impacting Gibson Avenue and the lower properties on Oklahoma Flats. . 2. The proposed 17 units of additional development will impact directly the existing trailer area and result in increased drainage to down- stream areas. A rational method calculation for the 17 new units rev!!als tilat additional runoff above historic would require 720 cubic feet of detention storage volume for a two year frequency storm. , RECOMMENDATIONS: The Aspen Mountain Park Homeo~mers Association should decide which drain- age alternative they prefer. The first option would be basically the status quo but with improved road drainage. The cost of this option is mininal and would consist of contouring the road to provide positive drainage. There would still exist puddling in low areas of the park. The second alternative would be to install an underground storm sewer system which would collect the runoff from the roadways. The storm sewer would outfall at the southeast corner of the site where it could be tied into a master drainage system at a later date. The cost of this option is approximately $30,000.00. For the new units area, a seepage pit could be constructed to provide 720 cubic feet of detention storage. The cost of the seepage pit would be approximately $10,000.00. The seepage pit does have problems-primarily the possible contamination of underground water. The actual increased runoff rate from the new development would be minimal when considered with the Park as a whole. A developer contribution of $10,000.00 to the City may provide a more positive means of dealing with the drainage situation. Please contact us if you have any questions. Very truly yours, WRIGHT-MclAUGHLIN ENGINEERS B~1"~ 'R a s B. lood JBF/kgs 7-20.79X ~/~ ..., ...... COM~LI:T~ .~"O'NI[l('''NO SI[IIV'CC. '" THI[ .~CCI""LTY "'CloD. 0" WRIGHT-MCLAUGHLIN ENGINEERS ~: ENGINEERINGCO'NSULTANTS ,~ U2D ALCOTT STlllEET OENVEPl. COLO"ADO lNl21 t f:>>OS, .5a-020.1 ASPEN 0001(424 eAG[836 I i "ONALO e. t.IIcV'UO~"N ",EHNITH Pl. WIIIIO..., "AL"OIlD E. Ellie",. H DOUOLAS T. .OVI:II" I WILLIAM C. TAOOAR' DAVID .J. LOVI: I IIOatRT L, CARLItY I RONALD D. CLONIND~. .JAMES D. "LOOD I JOHN~"NI I GENE A. DUR,ua.LI WILLIAM III. KENDALLi MICHAEL E. MEJIlCIEIII I .JO"N~LAUM I .JIMMIE D. ""'HI,,.ll:l.q ftoalEft, A. "II:JIlOU50" J. HAROLD ft08Eft'. I .JACK W. STEINMI:YI" LEANDER L. UPl"'Y i WATIt" !IU"~LY AND DI!lT"'laUTIDN .....,1:'" ~""D S[WAOI[ TIIEA'M~N' ....AG~ COLLECTION AND REUSE 5TOR'... PR'AINAGE "lItE ~"'o:rll!.eTION 1"1.000 eO"'TIIOL OTNER WATE"'-OIl'ENTEO ~JIlO.,JECTS November. 16. 1981 '. Mr. John Hawkins Interwest Realty 710 E. Durant St. Aspen'- CO 81611 ' i ! i i i ! i I :. RE: Aspen Mountain Park Drainage Fa'cil ities Dear John. . , ", At your request we wish',to offer the following review of the drain- age situation for the Aspen'Mountain Park Project.. 'The existing trailer'park area was constructed in'the 1950's. His- torically drainage from the Park has been allowed, to flow naturally through the development as sheet flow crossing the road and,flowing tOJ the ,Oklahoma Flats area. At present there exists no ,drainage collection facilities with puddling being extensive during runoff periods. Pitkin County is currently'doing,comprehensive development planning in the area including the proposed Silverking Phase IV. project. Weanti~ cipate that master drainage improvement. designed to accept drainage flows from the entire Smuggler Mountain pl anning area wi.1l be constructed in the near future. However, since the master facilities are not in place, it is necessary to resolve the Aspen Mountain Park drainage problems bY'means of an interim solution which. can be readily 'converted ,to a permanent solution when the master facilities are in place. ' . We are recommending a system consisting of' positive grading of roadways such that the roadways will act as drainage collectors for the area. Roadway drainage will .be intercepted by drywell inlets interconnected by a 'storm seWer sized for two year frequency storm events 'in accordance with Pitkin County land Use Regulation. Initially drainage'will be allowed to infiltrate the ground water fOllowing treatment in a course rock filter drywell. The drywells'would be sufficiently. deep as to provide 8 feet of penetration into alluvial' deposits which underlay the site. The drywells are to be,filled wit~ ~ washed rock, to a depth of five feet below ground surface. At such time as a master drain is available concrete 'inverts may be. built above the rock iilland the storm drain activated. ' . I i I I. BRANCH OFFICES ASPS< 0139 VENTNOR AVENUE ASPEN. COlORADO 8161~ DillON lAKE DRAWERS ... FRasco.COI..OAAOO 80443 GlENWOOI) SPRINGS P. O. BOX 2151 GlENWOOQ SPRINGS. COl.ORAOCUl601 STEAMBOA.T SPRINGS P. 0, BOX 5220 STEAMeo..T.VllLAGE. 00l0AAD080499 CHEYENNE 3130 HENDERSON DRIVE . CHEYENNE;' WYOMINGa200' ...., " . 1"', ."....,' , ." Mr. John Hawkins Aspen Mountain Park Drainage Page 2 November 16 , 1981 ooot\424 p~GtB37 Drywell drain systems do have'potential for the contamination of " ground water, and are subject to pluggin~ from sedimentation o~ebris. Therefore, these are only intended until such time that they may be con- verted,to storm drain manholes. We should note the temporary: drywell structures are not of suff+ 'icient size to handle two xear frequency design.storms, but will provide partial runoff mitigation with overflows routed to, Gibson Avenue as has historically has been-:the case. ',' ,,' Attached is a cost estimate for the proposed facilities. If you have questions, please do not hesitateto call. Sincerely, ' WRIGHT-McLAUGHLIN ENIGNEERS . . ~:~lO~P~ . / . JBF/kgs .. 4 . " ~ - ,.-.... . ASPEN MOUNTAIN PARK Cost Estimate for Drainage Facilities ./ 1. Seepage pit for'underdrains and surface. drainage from addition units, .. , 2. Drywells,.-II at $2,500.00 3. Storm drain pipe - 120 ~ L.F. 18 inch pipe 200 t L.F. 15 inch pipe 350 L.F. 12 inch pipe SUBTOT At Contingency fund for legal" engineering'; etc. ESTIMATED PROJECT BUDGET . ' ..~, SOOK 424 rACE 838 $10.000.00 10.-000; 00 4.200.00 5,600.00 7.000.00 $ 36.800.00 9,200.00 $ 46.000.00' 1""'\ A. eoox424 p~c[839 ^ ,~ 5\:IOK 424 f'AGE840 DEVELOPMENT & CONSTRUCTION SCHEDULE The construction schedule,for the Smuggler Mobile Home Park assumes a start date of May 3;'1982, with'the project anticipated to be completed by August 23, 1982.. This schedule is contingent upon: 1 . Plat. I 2. Completion in an expedit ous manne bidding, contractor selection, ind implementa~ion meet the, date!y indicat",d. 3. Confirmation of the construction schedule by the seleced contractors. 4. Availability of the required labor and materials during ,each phase. The completion of" the site improvements (utilities and landscaping) will be coordinated with the residential development/relocations i~ each phase. - , : '< '., ~\ ,-,. lX1lJX 424 rAtE 841 ,-,., ^ B'JOl( 424 i'AG[ 842 130 s March 4, 1982 Robert W. Hughes, Esq. OATES, HUGHES & KNEZEVICH, P.C. 600 E. Hopkins, Suite 200 Aspen, CO 81611 Re: Financial Assurances for Improvements at the Smuggler Trailer Park Dear Bob: Pursuant to our discussion yesterday regarding re- quired financial assurances for proposed improvements at the Smuggler Trailer Park, this letter is intended to set a dollar figure for the estimated cost of improvements of particular con- cern at the Park. Following my discussions with you and a brief meeting with Dan McArthur, Paul Taddune and myself, a determina- tion was made as to those items under the proposed schedule of improvements (Exhibit F to the current Subdivision Agreement) re- quiring a financial guaranty. It was determined that the improvements of particular concern to the City were those involving all utility mains, electric improvements, storm drainage, grading, and miscellaneous work. We felt that service connections to most utilities, while required of the developer, were not something for which the City would require a guaranty. The dollar amount to be included in Section X of the Agreement should be $463,883.50, which is the total construction estimate for both the existing and proposed new units ($676,368.50) excluding the following: Existing Units 1. Sewer Improvements 3. Service Connections 4. Service to Trailers 5. Service Pipelines $ 5,340.00 89,000.00 42,500.00 ^ Robert W. Hughes, ~sq. OATES, HUGHES & KNEZEVICH, P.C. March 4, 1982 Page Two "" II. Gas Improvements 4. Service Lines to Trailers $ 8,900.00 OCiOll 424 fAGE 843 IV. Water Improvements A.3. Service Connections 7,500.00 New Units I. Sewer Improvements 3. Service Connections 4. Service to Trailers 5. Service Pipelines 1,020.00 17,000.00 8,075.00 o II. Gas Improvements 2. Service to Trailers 1,700.00 IV. Water Improvements 5.. Service Laterals 7. 3/4" Services 17,000.00 14,450.00 Total to be excluded $212,485.00 676,368.50 -212,485.00 Total Construction Estimate Service Connections not requiring Guaranty FINANCIAL ASSURANCE AMOUNT $463,883.50 Please note that this amount includes $27,201.00 for work already completed by the City to the benefit of the developer. Following execution of the Agreement, the City will require direct payment of this amount. Please call if I can provide any further assistance. Sincerely, JWH/caa cc: Alan Richman Paul Taddune ?"",. 1""""\, OOOK 424 PAGE 844 oom<l,21 I'NGI:845 l"', ~\ a a a a LO LO N N ...... '" ......-.... '" "'" ...... "'-.... '" ...... LO -.... '" ...... ","M -.... LO "'" M'" -.... LO ...... "'...... -.... LO a ............ -.... LO M 0-.... LO - - - ,- - - -- r-- - 17- - - -1- ~ ~... u.. u.. LO ...... 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