HomeMy WebLinkAboutcoa.lu.su.Smuggler Final.46-81
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CASELOAD SUMMARY SHEET
City of. Aspen
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1. DATE CERTIFIED COMPLETE: k 1...-0'2, ('l~\
2. APPLICANT: ~~ VlI\.Q~.""",
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STAFF:
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No. 41o-'V1
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4. PROJECT NAME:
5. LOCATION:
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3. REPRESENTATIVE:
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6. TYPE OF APPLICATION:
GMP (
PUD (
?<.. Subdi vi s ion
Subdivision Exception (
GMP Exception (
Rezoning (
)
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4 Step:
2 Step:
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)( SPA
1 Step:
Use. Determination
Conditional Use
Specia 1 Re\iiew (
)
HPC
No. of Steps: .
Othe.r:,
7. CONCEPTUAL REFERRALS:
_Attorney
____Engineering Dept.
____Housing
____Water
City Electric
_Sanitation District
_Mountain Bell
_Parks
_Holy Cross Electric
....-:fire Marshal/Building Dept.
____School District
~RockY Mtn. Nat. Gas
____State Highway Dept.
____Other
8. QISPOSITION - CONCEPTUAL REVIEW:
P & Z . ApproYild . Dented
Date
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Approved
D'1ni ed
Date
/ Counci 1
9. PRELIMINARY PLAT REFERRALS:
~ttorney .. ~anitation District
v'Engineering Dept. ~ountain Bell
./Housing ----Parks
/: Water ----HOly Cross Electric
/' City Electric 7Fire Marsha l/Bui 1 ding Dept.
10. PRELIMINARY PLAT - PUBLIC HEARING
P & z J Approved /' Denied
____School District
~ockyMtn. Nat. Gas
State Highway Dept.
,/ Other ffV( 00" ,<<
Date ~ '1., l'l:~(
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11. FINAL PLAT;
Council
Approved
Denied
(~ ." 2.. \0. V L
Date \~ '- ,l
"Move to approve the Smuggler ~10bile Home Park Final Plat and to authorize the
mayor to execute the Precise Plan and Subdivision Agreement for the Smuggler
Mobile Home Park, subject to the fo 11 owi ng conditions: ,.
1) Approval as to form, bY the City Attorney, of the subdivision agreement
prior to its execution and recordation;
2) Approval as to form, by the City Engineer, of the final plat, prior to
its recordation; and
3) Approval, by the City Engineer'or City Attorney, of the values to be
provided by the applicant for the number of water taps and cost per tap, cost
of sewer service, guarantee of the construction costs of public improvements,
fee to be paid to the City for qualifying the renters and purchasers of mobile
homes, f.ai r market val ue of the 1 andand~ ze ..and space number for the 1 aundry
. J' Attorney V Building ~Engineering Other
room 11
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LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORF'ORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
ASPEN, COLORADO 81611
October 18, 1983
AREA CODe: 303
TELEPHONE 920.1700
TELECOPIER 920-1121
BRAO\.EY S.ABRAMSON
Paul J. Taddune, Esq.
City Attorney
City of Aspen
130 S. Galena St.
Aspen, CO 81611
j Alan Richman
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: Aspen Mountain Park Development Rights
Gentlemen:
Enclosed please find a memorandum which Bob Hughes
proposes to circulate to the Aspen Bar Association and the Aspen
Board of Realtors. Bob is currently out of town, but has asked
me to provide both of you with a copy of the memo before it is
sent out to insure that the contents of the memo do not conflict.
with your understanding of the situation.
Please feel free to contact either Michael Lipkin
(920-1142) or me in the event you have any suggestions or
comments concerning the proposed memo, and I will relay those
comments to Bob.
Thank you for your consideration.
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Sincerely,
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OATE'J.iHUGHE' ~E:;;'CH' P.C.
By r?l ~8J ~if/&#lt1
Casey ~mstrong /1
.!::cret;4ry to Robert ,wI. Hughes
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Enclosure
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J1\L OC~_18 1983 i!
ASPEN / PIT~ CO,
PLANNiNG OFFICE
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L.,Aw.or:nCES
OATES, HUGHES & KNEZEVICH
PRO F"ESSIONAL CORPORATION
LEONARD M.OATES
~OBERT W. HUGHES
RICHARD A. KNEZEVICH
DESO~AH OUINN
THIRD F'LOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
AREA CODE 303
TELEPHONE 920-!700
TELECOPIER 920-1121
!SRADLEY S. ABRAMSON
MEMORANDUM
TO:
All Aspen Attorneys/Real Estate Brokers
FROM:
Robert W. Hughes
DATE:
October 14, 1983
RE:
Free Market Development Rights
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My client, Aspen Mountain Park Partnership, is inter-
ested in selling the remaining ten of the nineteen free market
residential development rights that it acquired in connection
with the expansion of the Smuggler Mobile Home Park and the
conversion of the Park to employee housing. These development
rights have been contractually confirmed by the City in several
agreements, including in the recorded Precise Plan and Subdivi-
sion Agreement for Smuggler Mobile Home Park and the recorded PUD
and Subdivision Agreement for The Pitkin Reserve.
These development rights:
1. Are fully transferable and assignable;
2. Constitute a complete exemption from the GMP, such
that one is entitled to go straight to subdivision
review. Hence, any project utilizing these rights
will not have to accommodate any employee housing
whatsoever or make any of the other concessions
necessary for competitive submission under the GMP;
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3. Can be utilized on any property within the City (or
capable of being annexed), subject only to underly-
ing zoning and subdivision review; and
4. Contain no limitation as to the size or as to the
bedroom count of unites) constructed pursuant
thereto; rather, only zoning, area and bulk re-
quirements set the limits.
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O....TES, HUGHES & KNEZEVICH, P. C.
MEMORANDUM
Page 2
If any of you have clients contemplating projects within the City
who might be interested in acquiring some or all of these .
development rights, please let me know. In my absence, please
feel free to speak directly with Michael Lipkin, 920-1142, who is
the architect for The Pitkin Reserve Subdivision (in which 9 of
the development rights have already been utilized) and who is
authorized to speak for Aspen Mountain Park Partnership.
OATES, HUGHES & KNEZEVICH, P.C.
By
Robert W. Hughes
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MEMORANDUM
DATE: December 21, 1982
TO: Planning Director
City Manager
FROM: Paul Taddune
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MPEN I PITKIN CO.
PLANNING OFFICE
RE: Amendment to Smuggler Precise Plan and Subdivision
Agreement
Annexed is a copy of a proposed amendment to the Smug-
gler Mobile Home Park Subdivision Agreement prepared by
Bob Hughes in accordance with City Council's proceedings
on September 27.
Please review this document and provide me with your
comments by January 8.
PJT/mc
Attachment
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AMENDMENT TO PRECISE PLAN AND SUBDIVISION AGREEMENT
FOR SMUGGLER MOBILE HOME PARK
THIS AMENDMENT is made and entered into as of the
27th day of September, 1982, by and between the CITY OF
ASPEN, COLORADO, a Municipal corporation ("City"), ASPEN
MOUNTAIN PARK, a Colorado general partnership ("Owner"),
the SMUGGLER MOBILE HOME OWNERS' ASSOCIATION, a Colorado
cooperative ("Association"), and PITKIN LTD., a Colorado
corporation ("Pitkin, Ltd.").
RECITALS
1. The City, Owner, the Association and Pitkin
Ltd. are parties to that certain Precise Plan and Sub-
division Agreement for Smuggler Mobile Home Park recorded
in Book 424 at Pages 780-845 of the Pitkin County, Colorado
real property records (the "Precise Plan and Subdivision
Agreement").
2. Pursuant to Section V of the Precise Plan
and Subdivision Agreement, the Owner on its own initiative
is entitled to petition the City for an amendment to the
Precise Plan and Subdivision Agreement and by letter dated
September 20,1982 (the "Petition"), the Owner did so
petition the City for an amendment to the Precise Plan and
Subdivision Agreement, specifically Section III, B thereof
with respect to Employee Housing Dedications and Restric-
tions to Parcel C of the Smuggler Mobile Home Park Subdi-
vision, to enable the Owner to increase the selling price
of the mobile homes to be installed within Parcel C for the
reasons more particularly set forth in the Petition, a copy
of which is hereto annexed as Exhibit "A".
3. Acting through the City Council of the City
of Aspen at its duly constituted meeting on September 27,
1982, the City, with conditions, approved the request set
forth in the Petition of the Owner and the parties are
desirous of confirming such approval in this instrument.
NOW THEREFORE,
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AMENDMENT
IN CONSIDERATION OF the premises, the mutual
covenants herein contained, and in the Precise Plan and
Subdivision Agreement, the parties hereby agree to and do
amend Section III, Paragraph B of the Precise Plan and
Subdivision Agreement for Smuggler Mobile Home Park Subdi-
vision as follows, and notwithstanding anything in the
Precise Plan and Subdivision Agreement to the contrary
contained, it is agreed that:
1. Increase in Selling Price. Subject to the
conditions hereinbelow set forth, the Owner shall be
entitled, at its sole marketing discretion, to sell each of
the 14' x 70' mobile homes to be installed within and upon
Parcel C of the Smuggler Mobile Home Park Subdivision for
not in excess of $76,000.00 and each of the 14' x 60'
mobile homes to be similarly installed for not in excess of
$71,000.00.
2. Conditions. The increase, hereinabove
provided, in the allowable selling price for the individual
mobile homes to be installed within and upon Parcel C of
the Smuggler Mobile Home Park Subdivision is subject to and
conditioned upon the following:
a. The availability to each purchaser of
each such mobile home of FNMA guarantied
financing upon the terms more particularly
described in Exhibit II to the Petition hereto
annexed as Exhibit "A", and the closing of the
purchases of the mobile homes upon those terms
or, as the case may be, upon terms, by whatsoever
,
source offered, not less favorable to the
purchaser; and
b. The installation of mobile homes with
physical characteristics comparable to those set
forth in Exhibit III to the Petition hereto
annexed as Exhibit "A".
3. Remaining Provisions Unaffected. Except to
the extent expressly hereinabove set forth, the remalnlng
provisions of the Precise Plan and Subdivision Agreement
for Smuggler Mobile Home Park are unchanged and in effect
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as written and recorded in Book 424 at Pages 780-845 of the
Pitkin County, Colorado real property records.
ATTEST:
Kathryn Koch, City Clerk
CITY OF ASPEN, a Colorado
municipal corporation
By
erman E el Mayor
a Colorado
SMUGGLER MOBILE HOME OWNERS'
ASSOCIATION, a Colorado
cooperative
By
President
PITKIN LTD., a Colorado
corporation
B~...._<t ,4..~~..~l
~ A. Kn;zd:;r;'!e, President
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STATE OF COLORADO
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COUNTY OF PITKIN
this
City
The foregoing instrument
day of November, 1982, by
of Aspen, State of Colorado.
was acknowledged before me
Herman Edel, Mayor of the
WITNESS my hand and official seal.
My commission expires:
(SEAL)
NOTARY PUBLIC
Address:
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
this
City
The foregoing instrument
day of November, 1982, by
of Aspen, State of Colorado.
was acknowledged before me
Kathryn Koch, City Clerk,
WITNESS my hand and official seal.
My commission expires:
(SEAL)
NOTARY PUBLIC
Address:
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STATE OF COLORADO
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ss.
COUNTY OF PITKIN
. The foregoing instrument was acknowledged before me
this l~~day of November, 1982, by Alexander E. Lipkin, a
generar-partner, by Robert W. Hughes, his attorney-in-fact of
Aspen Mountain Park, a Coloardo general partnership.
(SEAL)
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WITNESS my hand and official seal.
My commission .expires: 8'- I~ -<f>,/
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l't()TARY PU!rLIC
Address: &.ot) [. ~I~'~
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STATE OF COLORADO
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ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
this day of November, 1982, by ,
as President of Smuggler Mobile Homeowner's Association, a
Colorado cooperative.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
NOTARY PUBLIC
Address:
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STATE OF COLORADO
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ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
this day of November, 1982, by
as Secretary of Smuggler Mobile Homeowner's Association, a
Colorado cooperative.
,
WITNESS my hand and official seal.
My commission expires:
(SEAL)
NOTARY PUBLIC
Address:
STATE OF COLORADO
)
)
)
ss.
COUNTY OF PITKIN
,I The foregoing instrument was acknowledged before me
thisl~~day of November, 1982, by Richard A. Knezevich as
President of Pitkin Ltd., a Colorado corporation.
- (SE.A:r.,)
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WITNESS my hand and official seal.
My commission expires: ;- lJ . tV
(1,,11/7 LI/-IAA- /J.j././,.4~
j!?JTARY P~IC
Address: ~t1 E, ~k.L<..-? ,.-;;/.,;z.e;O
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STATE OF COLORADO
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COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
this I~~day of November, 1982, by Robert W. Hughes as
Secretary of Pitkin Ltd., a Colorado corporation.
" (SEAL}.
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WITNESS my hand and official seal.
My commission expires: 9-/9-S.{
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NO~RY PUBLi? "'^-
Address: CztH) [, ~/M' i'x4,fII" ~
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LOAN AGREENENT
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This Loan Agreement dated this 12-..day of Hay, 1982 is
between THE BANK OF ASPEN, a. Colorado Banking Corporation ("Bank")
and SHUGGLER HOBILE HOME OWNER'S ASSOCIATION, ,a Colorado
Cooperative Association ("BorrO\'/er").
REcrfALS
WHEREAS, Borrower desires to borrow from Bank part of the
funds necessary to purchase and make improvements to certain
property knOlm as the Smuggler Trailer Park consisting of Pa):'cel A
(the "Property") as shown on the Final Subdivision Plat of Smuggler
Mobile Home Park (the "Plat") recorded April 8, 1982 in Plat Book
13 at Page 25 of the records of Pitkin County, Colorado.
'"HEREAS, Bank and Borrower desire to enter into this Loar
Agreement in order to set forth when and under what terms Bank will
loan such money to Borrower, and to provide for other conditions
and covenants incident to the loan.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the mutual promises,
terms, conditions and covenants hereinafter set forth, the parties
agree as follows:
1. Loan Terms, Purposes and Fees.
1.1 The Loan. Subject to the terms, conditions and
covenants of this Loan Agreement, Bank agrees to loan to Borrower
the principal sum of THREE HUNDRED THOUSAND and No/lOO DOLLARS
($300, OOO'~OO) and Borrower hereby agrees to borrow said principal
sum from Bank.
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l.2 Purposes. This is a business purpose loan and the
proceeds shall be disbursed in accordance with a separate
Authorizatio~ to Disburse Loan Proceeds to be signed by Borrower
upon the closing of this loan.
1.3. Terms.
(a) Interest. The interest rate shall be two and
one-half percentage points (2.5%) over the Prime Rate announced by
First National ~ank of Denver. Interest shall be adjusted annuall
,
(on each anniversary date) of this loan based on the Prime Rate in
effect on such anniversary date. Regardless of any changes in the
Prime Rate, the interest rate on this loan shall not be less than
fourteen percent (l4%) per annum.
(b) Loan Payments. This loan shall be payable in
, ) monthly installments based on a twenty-five (25) year amortization
of the loan, said payments to be applied first to interest, the
balance
to principal reduction. Monthly payments shall be adjusted
anniversary date based on changes in the,Prime Rate and t~el
on each
then unpaid principal ?um. Monthly installments ~hall commence
(C) . June 1, 1982 and continue on the first day of each succeeding month
until maturity. The first month's payment shall be prorated based
on the actual closing date. The monthly payment for the next
eleven (11) months of this loan shall be FOUR THOUSAND SEVEN
HUNDRED NINETY THREE and 04/100 DOLLARS ($4,793.04).
(c) Late Payments. As a condition, but without
obligation to accept any late payment, Bank may impose a late
)
payment charge of one-tenth (1/10) of one percent of the then
unpaid principal balance of the loan.
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(d) Default Interest Rate. In the event of any
default, the interest rate shall be five percentage points (5%)
over the Prime Rate charged by First National Bank of Denver,
adjusted daily, automatically and without notice to Borrower.
(e) Maturity Date. The loan shall mature on May 1
1987 when the entire principal sum, together with all interest the,
accrued, but not sooner paid, shall be due and payable in full.
(f) Prepayments. Borrower may from time to time
prepay the loan, in whole or in part, without penalty upon sixty
(60) day's prior written notice; provided, however, any such
prepayment shall be multiples of ONE THOUSAND DOLLARS ($1,000.00)
and shall be applied first to any interest then accrued and the
balance to principal reduction.
(g) Tax and Insurance EscrOw. B.orrower shall pay
to Bank, in escrow, along with each monthly installment, a sum
equal to one-twelfth (1/12) of the yearly real estate taxes and an
assessments on the Property together with one-tl'lelfth (1/12) of the
~
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yearly premiums for the insurance described in Paragraph 7 below.
These escrow funds shall be held in an interest bearing account at
the passbook rate and such funds, together with interest earned
thereon, are hereby pledged as additional security for repayment of
the loan. If the amount of this escrow held by Bank shall not be
sufficient to pay taxes, assessments and insurance premiums as they
fall due, Borrower shall pay to Bank any amount necessary to make
up the deficiency upon thirty (30) day's notice. Upon payment in
.full of this loan, Bank shall promptly refund to Borrower any
remaining escrow funds held by Bank.
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1. 4 Loan ,.FeeE-. Upon closing of this loan, Borrovler
shall pay to Bank a loan fee of two and one-half percentage points
(2.5%) of the pri.ncipal sum of the loan amount or SEVEN THOUSAND
FIVE HUNDRED and No/lOO DOLLARS ($7,500.00). Such loan fee shall
be non-refundable whether the loan is prepaid or paid at the
maturity date.
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2. Loan Documents, Title Insuran~e and Survey.
.2.1 Promissory Note. The loan shall be evidenced by a
Promissory Note made and delivered by Borrower and satisfactory in
form and content to Bank.
2.2 Deed of Trust. The Loan shall be secured by a first
priority Deed of Trust lien ("Trust Deed") on all the Property.
(a) The Trust Deed shall secure a Note made by
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Borrower in connection with the purchase of the Property to the
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order of ASPEN NOUNTAIN PARK, a Colorado General Partnership ("Al1P
Note") in the principal sum of
.
DOLLARS
($
), with interest thereon at a variable rate payable in I
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monthly installments in accordance 'with the tenor of said Note.
(b) The Trust Deed shall further secure a Note
dated January 4, 1979 made by Aspen Mountain Park to the order of
Nelson Smith, Jr. and Shirley Claire Smith ("Smith Note") as
modified by that certain MOdification, Assumption and Guaranty
)
Agreement dated.
,1982. The Smith Note will have a
remaining unpaid principal sum of FOUR HUNDRED THOUSAND and NO/lOa
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DOLLARS ($400,000.00) and shall be payable, \yith interest thereon
at a variable rate in monthly installments in accordance \yiththe
tenor of said Note. Borrower shall assume and agree to pay the
Smi t,h Note.
2.3 Note Holders Agreement. At the clo~ing of the loan
Borrower, Bank and the holders of the ~IP Note and Smith Note shal~
enter into a separate agreement (the "Note Holders Agreement")
providing for payment by Borrower, priorities in foreclosure and
enforcement of remedies in event of default. The Note Holders
Agreement shall include provisions that:
(a) Any default in the payment of the Bank's Note
evidencing this loan, or the AMP Note or Smith Note (all
collectively the "Notes") shall be a default of all the Notes.
(b) Borrower shall at all times maintain a reserve
with"Bank in an amount of not less than one (1) monthly payment
under all the Notes. This reserve shall be established by Borrower
at the time of loan closing.
(c) The provisions of the Note Holders Agreement
shall govern and control in the event of any conflict or
inconsistency with this paragraph.
2.4 Assignment of Rents. The loan shall be further
secured by an assignment of all mobile home rents to be received by
the Borrower in connection with its ownership and operation of the
Property.
2.5 Conditional Assignment of Rights Under Agreement.
At closing, Borrower shall execute and deliver to Bank a
conditional assignment of all the rights of Borrower under that
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certain Purchase and Sale Agreement and Addendum thereto dated
February 16, 1982 and letter of March 3, 1982 made with Aspen
Mountain Park for the purchase of the Property.
2.6 Other Loan Documents. All loan documents shall be
inform and content satisfactory to Bank. The loan documents
mentioned above are not exhaustive. Bank shall be entitled to the
benefit and security of all other agreements, instruments or
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documents executed and delivered by Borrower in connection with
this loan.
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2.7 Title Insurance. Borrower shall, at its cost and
expense, provide for the benefit of Bank (and for the benefit of
all the other Note holders secured by the Trust Deed) a Mortgagee
Policy of Title Insurance insuring the first priority of the Trust
) . Deed and said insurance sha,ll be consistent with the Title
Commitment, as finally approved and accepted by Bank. The
Mortgagee Policy shall also contain Endorsements numbered 100 and
l16. All printed exceptions shall be deleted from said Mortgagee
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.
Policy. In addition, Borrower shall, at its cost and expense, also
provide Endorsement Number l03.l within thirty (30) day~ after
closing of this loan. There shall be no other liens or
encumbrances against the Property except ,the Trust Deed.
Notwithstanding anything to the contrary contained, Bank shall not
be obligated to make any loan advance to Borrower unless the said
Mortgagee Policy has been issued insuring the lien of the Bank's
Trust Deed subject only to such exceptions as may be acceptable to
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. the Bank.
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2.8 Survey. BorrO\vcr shall supply Bank with an
Improvement Survey Plat prepared and certified, as hereinafter set
forth, within the past sixty (50} days by a registered land
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surveyor and such survey shall show the location and dimensions of 'I
all easement" ditche" 'treet" lot line" rights-of~'ay and any I
lot, block and street delineation within such boundary. The survef
need not show the location of each mobile home within the propertyt
nor any lot or gesignated space upon which the mobile homes ~re
located, but shall certify that all the mobile homes are located
within the boundaries thereof but not within any set-backs. The
certification shall be as follows:
CERTIFICATION
)
I hereby certify to THE BANK OF ASPEN that this survey
was made by me (or under my direction and supervision) on
day of i 19 ,; that the real
property surveyed is located in the County
of , State of , more
particularly described as follows:
(Insert Legal Description)
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southern boundary of the subject property as shown on Alpine
) Surveys final revision dated October 10, 1978 as Job No. 78-106.
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. 3. Borrower 's _ Represent.ations and Ylarranties. Borrm.,er
hereby represents and warrants to Bank as follows:
3.1 No Violation of Other Agreement. There is no
provisions of any contract or agreement to which Borrower is a
party IYhich could be contravened or violated by any of the
agreement.s made or actions to be taken hereunder by Borrower.
3.2 No Adverse Proceedings. There is no action, suit
oJ
proceeding or investigation pending at lalY or in equity or before
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any federal, state, territorial, municipal or other governmental
department, commission, board, bureau, agency or instrumentality
or, to the knowledge of Borrower, threatened against or affecting
Borrower or the collateral for this loan which, in any case, might
materially adversely affect (i) the value of the collateral for the
)
loan, or (ii) Borrower's ability to.perform its obligati.ons to
Bank.
3.3 Validity of Loan Instruments. BorrolYer is duly
incorporated and validly existing cooperative association in good
standing under the laws of the State of Colorado. ,The executi.on,
e']
"'c/ delivery and performance by Borrower of this Loan Agreement and of
documents delivered to 'Bank in connection herewith, (i) are within
the powers of Borrower, (ii) have beencluly authorized by all
requisite actions on the part of Borrower, (iii) do not require
additional approval of any governmental authority, and (iv) will
not violate any provision of law, any order of any court or other
governmental authority, or any indenture, agreement or other
)
instrument to which Borrower is a party. This Loan Agreement and
all such documents are the legal, valid and binding obligations of
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Borrower .enforceable in accordance with their respective terms. It
loan closing, Borrower shall provide Bank with a corporate
resolution authorizing Borrower to make, enter into and perform
this Loan Agreement and all documents, instruments or agreements t
be given in connection therewith and designating those officers
authorized to sign such loan documents on behalf of Borrower.
Borrower shall also provide such other borrowing or banking
resolutions as Bank may require.
3.4 Dedication Fees, Rent Increases. All park or land
dedication fees with respect to the Property have been waived by
the City of Aspen. Borrower has the corporate power and authority
and will, if necessary, increase rents as needed to pay monthly
installments to Bank and all the other Note holders described in
-) Paragraph 2.2 above. Borrower further, represents that there exists
no governmental prohibition or restriction that would prevent such
a rent increase.
3.5 Financial Data. All balance shee~s, statements of
profit and loss, and o~her financial data that ha~e been given (or
n
~) 'will be given) to Bank with respect to Borrower are (or will be)
complete and correct in all material respects and accurately
present (or will present) the 'financ'ial'condi tion of BorrO\ver as of
the dates, and the results of its operations for the periods for
which, the same have been (or will be) furnished.
)
3.6 Taxes and Charges. No delinquency presently exists
(or will hereafter exist) with respect to payment of any tax
assessment or other charge owing by Borrower or owing with respect
to the collateral for the loan.
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. 3.7 Corporate_. FilinS!'3. Borrower has (and will} promptl
pay all franchise, corporate or other fees or impositions and will
make timely filings of all annual or 'other corporate reports as
required by law. Copies of all annual and other such reports shal
be provided to Bank at the time of filing. A Certificate of Good
Standing for Borrower issued by the Secretary of State of Colorado
shall be delivered to Bank within thrity (30) days after the
--
execution of th~s Loan Agreement.
3.8 Character of Representations and Warranties. None
of the financial statements or any certificate, document or
statement furnished to Bank (or to be furnished to Bank} by or on
behalf of Borrower in connection with this loan, and none of the
representations and warranties in this Loan Agreement, contains (or
.) will contain) any untrue st.atement of a mateJ:'ial fact or omits (or
will omit) to state a material fact necessary in order to make the
statements contained therein or herein not misleading. There is no
fact which materially adversely affects the ability of Borrower to
perform its obligations to Bank which has not, been set forth herein
or in an opinion of counselor other written statement rurnishedto
Bank by oJ:' on behalf of Borrower.
4. Legal Opinion. At the time of execution hereof; and
annually thereafteJ:' or more frequently upon the request of Bank,
BorJ:'oweJ:'. will provide Bank with a legal opinion with respect to the
)
matteJ:'s contained in ParagJ:'aphs 3.l thJ:'ough 3.4 above and with
respect to the following:
(a) That the Trust Deed to be executed by BorroweJ:'
as part of this transaction, when J:'ecorded, will constitute a valid
-10-
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and enforceable first priority lien on the fee interest in the
Property. Further, Borrower's legal counsel has no knowledge of
any'unrecorded liens on any of the property covered by the Trust
Deed.
(b) The loan is not in violation of the usary laws
of the State of Colorado.
(c) Borrower has obtained all necessary governmental
approvals, resolutions, licenses and permits necessary to the
-
lawful operation of the Smuggler Trailer Park, the construction of
improvements thereon and the use and occupancy thereof.
(d) That neither the Subdivision Developer Registration
requirements nor the Interstate Land Sales Disclosure Act nor any
other similar state or federal laws apply to the sale of shares in
) Borrower or the granting of any Proprietary Leases.
(e) That the financing of the sale of shares by Borrower
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is not in violation of the usary laws of the State of Colorado.
5. Financial Reports. Borrower agrees, to deliver to
Bank:in a timely manner, the following reports and supporting
exhibits or data, in form,and content satisfactory to Bank.
5.l Monthly Statements. On or before the tenth (10th)
day of each month, a statement of operations, including all income
and expenditures and the names of any mobile homeowners delinquent
in payment of rents, association dues or other obligations under
any lease.
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5.2 Quarterly Statements. Borrower shall cause
financial statements to be supplied to Bank within thirty (30) days
=
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after the end of each fiscal quarter. These financial statements
shall include a balance sheet and income statement.
5.3 Annually. True copies of income tax returns
hereafter filed during the term of this loan shall be delivered to
Bank whenever such are filed with the Internal Revenue Service.
5.4 Form of Statements. All monthly and quarterly
statements shall be prepared accordance with generally accepted
accounting prinqipals and certified as true and correct by
.,
Borrower. Further., all quarterly statements shall be prepared,
without audit, by a Certified Public Accountant. Should Bank
reasonably determine that any statement or supporting exhibits or
data are not of satisfactory form or content, Bank shall have the
right, at the expense of Borrower, to. have the Bank's own Certifie
~ Public Accountant prepare ~ither with or without audit, any or all
such" statements. Borrower hereby grants Bank at all reasonable
times, access to and the right at the expense of Borrower to
inspect and copy all the books, records, .ledgers ,and other
:,,",
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financial data, reports or documentation of Borrower.
6. Subdivision Improvements. Reference is made to that
certain Precise Plan and Subdivision Agreement for Smuggler. Mobile
Home Park (the "Subdivision Improvements Agreement") dated February
22, 1982 between Borrower, Aspen Hountain Park and the City of
Aspen and recorded April 8, 1982 in Book 424 at Page 780 of the
records of Pitkin County, Colorado. With respect to the
Subdivision Improvements Agreement Borrower agrees:
.
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(a) Not to enter into any modification, waiver,
forbearance, addition or changes thereto without the written
consent of Bank having been first obtained.
(b) Upon execution hereof, to deposit ,dth Bank,
the sum of ONE HUNDRED TWENTY SEVEN THOUSAND NINE HUNDRED THIRTY
ONE and NO/lOO DOLLARS ($127,931.00) which Borrower represents is
Borrower I s full share of the improvements to the Property,. said su
to be disbursed by Bank from.time to time upon satisfactory _
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"j within thi,cy (30) days of any request, deposit with Bank such
progress in the construction of such improvements. Should such su
be inadequate or in the event of cost overruns, Borrower shall
additional funds as shall be necessary to complete Borrower's shar
)
of the improvements to the Property.
(c) To promptly and fully comply with all the
terms, conditions and provisions of the Subdivision Improvements
Agreement to ,be observed or performed by Borrower.
(d) To promptly provide Bank wit~ any written
orders, demands or other notices received from The City of Aspen
with respect to any violation or non-compliance as to any of the
terms, conditions or provisions of the Subdivision Improvements
Agreement.
7. Insurance.
7.1 Hazard Insurance. Borrower shall obtain fire and
extended coverage insurance and such other hazard insurance as Bank
may require on all buildings, improvements, furnishings, fixtures,
)
machinery and equipment owned by the Borrower and located on the
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Property in such amounts and .,ith such companies as shall be
approved by Bank.
7.2 Borrm.;er' s Liability Insurance. Borrower shall
obtain general public liability insurance \.;i th such limits and wit
such companies as Bank may require.
7.3 Flood Insurance" Borrower shall obtain flood
insurance with such limits and from a company satisfactory to Bank.
--
In the alternative, Borrower shall supply evidence satisfactory to
.-
Bank that all the Property is not located within any standard flood
plain.
7.4 Policies. The originals of such policies required
hereunder together. with appropriate endorsements thereto" evidence
of the payment of premiums thereon for one (1) year and the written
~ agreement by such insurer or insurers to give Bank ten (10) day's
prior written notice of intention to cancel shall be delivered to
Bank upon execution of this Loan Agreement.
.8. Meetings of Borrower. Borrower shall give Bank
notice in advance of any regular or special meetings of its
Officers, Board of Directors or the membership and Bank'shall be
entitled to attend any such meetings. Nothing herein shall be
construed to obligate Bank to attend any such meetings. Further,
Bank shall have no responsibility, liability or obligation
whatsoever for the management or operation of Borrower. Copies of
all minutes, resolutions or other actions of the Officers, Board of
)
Directors or the membership of Borrower shall be promptly furnished
to Bank. Borrower has informed Bank that special meetings of its
Board of Directors are currrently being held on a weekly basis and
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Bank hereby waives further notice of such meetings; provided,
however, Borrower shall inform Bank if the Boarq of Directors
ceases to meet on a weekly basis and, thereafter, Bank shall again
be entitled to notice of all meetings of the Board of Directors as
provided herein.
9. Borrower's Affirmative Covenants. BorrOlver covenants
and agrees with Bank as follows:
9.1 Insurance. To ,keep or 9ause to be kept in full
,-
force and effect'all insurance required by this Loan Agreement and
any Deed of Trust and to provide proof of such coverage to Bank at
BanJ.c's request.
9.2. Payment of Taxes and Claims. To pay promptly all
lawful taxes or assessments wheth,,,r imposed upon the Property
. covered under the terms of this Loan Agreement or upon BorrOlver; to
,
pay promptly all claims for labor and materials furnished and to
prevent the filing of liens therefor; provided that Borrower need
not pay any such claim for material or labor so. long as the
val~dity thereof is being contested in goOd faith and provision for
the payment thereof is made in form and manner satisfactory to
Bank.
9.3 Status of Leases. Borrower shall from time to' time
provide Bank with a current list of all lease,S of mobile home
spaces on the Property. Borrower shall also provide Bank with a
current list of membership in Borrower and' shall promptly notify
Bank of any transfers of shares in Borrower.
9.4 Payment of Rents. All rents on mobile home spaces
shall be deposited into a specially designated operating account to
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be maintained at all times by Borrower with Bank.. This account to
be captioned .. SMUGGLER MOBILE HONE OI'iNER' S . ASSOCIATION - RENT
ACCOUNT" shall have no checking privileges and Borrower shall be
provided with deposit slips only for this account. Additional
provisions with respect to this special account are more fully set
forth in the Note Holders Agreement. Bank shall have no
responsibility for the collection of rents or the enforcement or
administration ol any leases."
9.5 Reserve for Assessments. Borrower shall at all
times maintain with Bank a reserve sufficient to pay two (2) month
assBssments on each mobile home space in the Property. This
reserve shali be established by Borrower at the time of loan
closing. Bank shall have no responsibility for the collection of
~ such assessments. This reserve shall be held in an interest
bearing account at the passbook rate and such funds, together with
interest earned thereon are hereby pledged as additional security
for repayment of the loan.
~
9.6 Enforcement of Leases. BOrrower shall vigorously
enforce all provisions and promptly collect all rents due Borrower
under any lease with members or non-members and shall not grant any
forbearance, forgiveness or extension of the time to pay such rents
)
without the written consent of Bank having been first obtained.
Should Borrower fail or refuse to collect any rents or correct any
other lease violations, Bank may, but shall not be obligated to, at
the expense and on behalf of Borrower, take all such actions as
shall be necessary to correct any lease violations or collect any
delinquent rents.
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9.7 Further Assurances. To obtain and furnish to Bank
upon Bank's request such other documents as may reasonably be
required from time to time by Bank in order to vest and maintain i
Bank the contemplated security for this loan.
9.8 Allowed Inspections. To permit the duly authorized
agents of Bank at any reasonable time to enter upon and inspect any
part of the Property.
9.9 Permanent Financin~. During the term of this loan
and in any event no later than six (6) months prior to the maturity
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date hereof, Borrower shall obtain and deliver to Bank a loan
commitment providing for permanent or other satisfactory financing
sufficient to pay-off this loan in full at maturity.
9.10 Purchase of Property. Borrower shall pay any Real
) Estate Transfer Tax in connection with, the purchase of the
Property. Proof of such payment shall be provided to Bank prior to
any disbursement of this loan.
9.ll Haintenance of Accounts. In addition to any
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accounts, reserves or escrows expressly mentioned in this Loan
Agreement, Borrower shall at all times maintain with Bank all its
other accounts, whether checking, savings or otherwise and whether
for operating or for any other purposes.
10. Subordination. Borrower, for itself and all its
members, hereby agrees that all present or future leases on mobile
home spaces shall not be considered a lien against the Property
with respect to the Bank's Trust Deed and any extensions,
")
modifications, consolidations, replacements or renewals thereof.
Bank's Trust Deed, shall at all times, be superior and prior to any
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leases and all such leases shall be inferior, junior and
subordinate to the Bank's Tru.st Deed or any extensions,
modifications, consolidations, replacements or renewals thereof.
The recording of Bank's Trust Deed shall have preference and
precedence over any mobile home leases irrespective of the date of
recording. Borrower agrees not to record any lease covering a
-
mobile home space. Borrower represents and warrants that it is
duly appointed ~$ attorney-in-fact on behalf of all its members to
enter into and bind its members to this subordination.
ll. Indemnification of Bank. Borrower hereby undertake
and agrees to protect, defend, save, indemnify and hold harmless
Bank from any and all claims, liabilities, lawsuits, loss, damages,1
costs or expenses, including reasonable attorney fees and court
.~ costs that the Bank may sustain, suffer, become liable or
answerable fo'r in connection with the Property or the loan made
hereunder or with respect to the enforcement of any rights or
remedies by Bank under this Loan Agreement. Thi~ indemnity shall
extend to claims, liab~lities or lawsuits asserteq against Bank by
t""'"
~) any members of Borrower or tenants of any.mobile home spaces or
asserted against Bank 'by any third parties relative to any
governmental approvals, licenses or permits granted with respect to
the Property. Bank shall be entitled to appear in any action or
proceeding and retain counsel of its own choice to defend itself
against any such claims or may choose to cause Borrower to defend
such claims, in'which case Borrower's counsel will answer to Bank.
,.,.)
~.
This indemnification shall be irrevocable and will continue until
all indebtedness which is the subject of this Loan Agreement has
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been repaid or until the expiration of any statute of limitations
regarding any claim, liability or cause of action which is the
subject of this indemnification, whichever is longer.
l2. BorrOlver's Negative Covenants. Borrower covenants
and agrees with Bank as follows:
12.1 Zoning.:. Not to modify any existing master plan,
plat, zoning or other governmental approval affecting the Property
nor change any ~obile home space numbers or designations without
the prior written consent of Bank.
12.2 No Assignment or ~onveyance. Not to assign.this
Loan Agreement or any interest in disbursements or advances to be
made hereunder, and not to conveyor encumber further any property
(real or personal) which will be the security for the loan
,~ hereunder without the prior written consent of Bank.
12.3 Other Liens. Not to further create, voluntarily or
inVOluntarily, any mortgage, pledge, encumbrance or other lien
(including a lien of attachment, judgment or execMtion) on any
()
property which is encumbered by Bank.
12.4 Transfer of Assets Not to' transfer title to any of
Borrower's assets or take any other action or suffer the same to be
done, which would in any way, adverselY impair Borrower or its
financial ability to fulfill its obligations to Bank hereunder.
12.5 Liquidation or Merger. Not to liquidate nor
dissolve nor make, join, or enter into any consolidation,
acquisition, merger, or other form of entity.
')
.
l2.6 Management. Not to make any material changes in
the management of the Borrower which Bank ma~ reasonably considers
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adverse to the best interests of the Borrower or Bank's
12.7 Other Loans. Not to borrow or make any other
,J
relationship with Borrower.
or become an indemnit9r, guarantor or surety for anyone.
12.8 When Negative Covenants Not Applicable. Borrowers I
negative covenants' shall not apply to, nor prevent Borrovler from:
,
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(i) making purchase money loans to its members in connecfion with
the sale of shares in Borrower; or (ii) borrowing money and
encumbering assets in connection with the purchase of the Property
by Borrower from Aspen Mountain Park.
13. Default. This loan, including principal and
interest, and all other liabilities of Borrower to Bank shall at
once become due and payable in full without demand or notice upon
)
the occurrence of any of the following events of default: (i)
failure to pay any amount as herein set forth; (ii) default in the
performance of any other obligation of Borrower to Bank including,
but without limitation to, the terms and conditions of this Loan
AgFeement; (iii) suspension of the transaction 'of the usual
.business of Borrower; (iv) the past or future making of. any false
representation or war~anty by Borrower; or (v) insolvency or
bankruptcy of Borrower, however evidenced. In the event of such
default, Bank may also exercise any right contained in any document
eVidencing, securing or guaranteeing any indebtedness of Borrower
to Bank.
l4. Maximum Limitation on Interest. All agreements
between Borrower and Bank, whether now existing or hereafter
,:. arising and whether written or oral, are expressly limited so that
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in no contingency or event whatsoever, whether by acceleration of
the maturity of any loan or otherwise, shall the amount paid or
agreed to be paid to Bank for the use, forbearance, or detention 1f
the money to be loaned hereunder or otherwise, or for the I
performance or payment of any covenant or obligation contained 1
I
herein or in any other document evidencing, securing, or pertaining
to the loan, exceed the maximum amount permissible under Colorado
law. If from any circumstances whatsoever fulfillment of any
t-
provision hereof or of any such other document, at the time
performance of such provisions shall be due, shall involve I
i
transcending the limit of validity prescribed by law, then, ipso I
facto, the obligation to be fulfilled shall be reduced to the limi1
of such validity, and if from any such circumstance Bank shall everl
receive anything of value deemed interest by Colorado law which
would exceed interest at the highest lawful rate, an amount equal
to any excessive interest shall be applied to the reduction of the
principal amount of the Loan or on account of an~ other principal
indebtedness of Borrower to Bank and to the payment of interest, orl
cD . if such excessive in'te~est exceeds the unp.aid bal~nce of principal I
of the loan .and such other indebtedness, such excess shall be
)
refunded Borrower. All sums paid or agreed to be paid to Bank for
the use, forbearance, or detention of any loan shall, to the extent
permitted by Colorado law, be amortized, prorated, allocated and
spread throughout the full term of the loan until payment in full
so that the rate of interest on account of such indebtedness is
uniform throughout the term thereof. The terms and provisions of
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this Paragraph shall control every provision of all agreements
between Borrower and Bank.
15. Set-off. Borrower agrees that in addition to all
liens upon, and rights of set-off against the monies, securities 0
other property of Borrower allmved Bank by law, Bank shall have a
lien upon a right of set-off against all monies, securities and
other property of Borrower now or hereafter in the possession of 0
on deposit with Bank, whetheJ; held in a general or' special account
~.
or deposit, or for safekeeping or othenvise; and every such lien
-
and right of ,set-off may be exercised without demand upon or notic
to Borrower. No lien or right of set-off shall be deemed to have
been waived by any act or conduct on the part of Bank or by any
neglect to exercise such right of set-off and such lien shall
)
continue in full force and effect until the right of set-off or
lien is specifically waived or re1eased by an instrument ill writing
executed by Bank.
16. Bank's Rights Optional. Wherever in this Loan
AgFeement Bank is authorized or given the right to take any action,
/r~:\
,j . Bank may exercise or refrain from exercising such right- at its sole
discretion and shall not be obligated to exercise such right. Bank
shall not be liable for any failure to exercise any such right or
for any delay in exercising any such right;
l7. No Representation by Bank. Bank has no obligation
in connection with any construction on the Property except to
advance proceeds for subdivision improvements in accordance with
)
Paragraph 6(b) above, and Bank shall not be liable for the
, .
performance, non~performance or delay in performance of any
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contractor, subcontractor or Su,pplier of materials, nor for the
quality of workmanship or materials, or for the failure to
construct, complete, protect or insure any improvements, or for t e
other similar activities By
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benefit of Bank and for the
and specifications, and Borrower has no right to ,rely on any
procedures by Bank.
18.
Governing Laws.
All matters relevant to this Loan
Agreement shall be construed according to the laws of the State of
the laws of the State of Colorado.
to Borrower or Bank pursuant to this Loan Agreement or any
attendant matters such notice shall be deemed given and received
. when served in person or sent by registered or certified mail,
postage prepaid, addressed as follows:
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LENDER:
The Bank of Aspen
P.O. Box 0
Aspen, Colorado 81611
COpy TO:
Ronald Garfield
GARJ,'IELD & HECHT
601 East Hyman Avenue
Aspen, Colorado 81611
BORROWER:
Smuggler Mobile Home
Owner's Association
P.O. Box 606
Aspen, Colorado 81612
COpy TO:
Brooke A. Peterson
611 \~est [,Jain Street
Aspen, Colorado 81611
20. Loan Expenses. Borrower shall pay all costs and
expenses in con!?:6ction with the negotiation, preparation, closing,
<
execution, delivery, performance and enforcement of this Loan
(-'I
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Agreement, includin~, but not limited to, loan commitment fees,
broker's fees and commissions, appraisal fees, Bank's and Bank's
Participant's legal fees, documentary and other taxes, recording
costs and expenses, surveys, premiums for title insurance
~ commitments, policies and ~ndorsements thereto, fees for title
examination, insurance premiums, and license and permit fees; and
Borrower shall indemnify and hold harmless Bank from and against
any and all costs, losses, liability, and expens~ arising in
connection with any of the foregoing and shall reinburse Bank for
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\<j same upon ,demand. Borrower hereby agrees that Bank, at" Bank's
option, may use the proceeds of any loan made hereunder to satisfy
any and all of such costs and expenses. Upon closing of this loan,
i
Borrower shall pay to Bank FIVE THOUSAND and No/lOO DOLLARS i
i
($5,000.00) on account of attorney fees incurred by Bank in the
negotiation, preparation and closing of this loan and the remaining
balance, if any, of such attorney fees shall be paid to Bank by
)
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Borrower within thirty (30) days after receipt by Borrower of
Bank's statement for the same.
21. Rights, R'.'lE1edies, POIvers. Each and every right,
remedy and power granted to Bank hereunder shall be cumulative and
in addition to any other right, remedy or power herein specificallyl
granted or now or hereafter existing in equity, at law, or by I
virtue of statute or otherwise and may be exercised by Bank from
time to time conc:urrently or independently and as often and in such I
order as Bank may deem expedient. Any failure or delay on the part
of Bank in exercising any such right, remedy or power, or the
("1
",j abandonment or discontinuance of steps to enforce the same, shall
)
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not operate as a waiver thereof or affect Bank's right thereafter
to exercise the same.
22. Evidence of Satisfaction of Conditions. Any
condition of this Loan Agreement which requires the submission of
evidence of the existence or nonexistence of a specified fact or
facts implies as a condition the existence or nonexistence, as the
case maybe, of such fact or facts, and Bank shall, at all ~imes,
be free independently to establish to its satisfaction and in its
absolute discretion such existence or nonexistence.
23. Headings. The headings of the sections, paragraphs
and subdivisions of this Loan Agreement are for the convenience of
reference only, are not to be considered a part hereof and shall
not limit or otherwise affect any of the terms hereof.
24; Unenforceable Provisions. If any provision of this
Loan Agreement is held to be illegal, invalid or unenforceable
under present or future laws effective during the term of this Loan
-25-
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Agreement, such provision shall be fully severable; this Loan
Agreement sh~ll be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of
this Lo'an Agreement; and the remaining provisions of this Loan
'Agreement shall remain in full force and effect and shall not be
affected by the iilegal, invalid or unenforceable provision or by
Furthermore, in -iieu of I
. j
each such illegal, invalid, or unenforceable provision, there sha]l
be added automa~ically as part of this Loan Agreement a provision I
i
its severance from this Loan Agreement.
as similar in terms to such illegal, invalid or unenforceable
provision as may be possible and still be legal, valid and
enforceable.
25. Number and Gender. Whenever the singular or plural
number, masculine or feminine or neuter gender is used herein; it
shall equall~~ include the other.
26. Amendments. Neither this Loan Agreement nor any
provision hereof may be changed, waived, dischar~ed or terminated
or?lly, but only by an instrument in writing signed by the party
against whom enforcement of such change, waiver, discharge or
termination is sought.,
27. ~elationship of Par~. , The relationship between
the parties to this Loan Agreement is strictly that of debtor and
creditor. Nothing in this Loan Agreement may be construed as nor
do the parties hereto contemplate or intend either directly or
indirectly any j.oint venture, partnership or the like. Further,
nothing contained in the Loan Agreement shall create any rights
against Bank in favor of any persons or entities not parties
-26-
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hereto. Finally, Bank shall not be liable nor in any \~ay
responsible for the performance or payment of any claims or
obligations arising from the OI'lnership or operation of the Propert
or the sales of shares in Borrower.
28. Time of Essence. Time is of the essence hereof in
the performance by Borrower of each and every term, condition and
covenant of this Loan Agreement.
29. Approval of Documents. Each agreement, document,
commitment, policy, instrument, statement or other writing, however
denoted, furnished or to be furnished to Bank under any provision
of this Loan Agreement must be in form and substance satisfactory
to Bank's attorney.
30. Entire Agreement. This Loan Agreement contains the
entire agreement between Bank and Borrower with respect to the
subject matter,hereof and sUpersedes and cancels any prior
understandings and agreements between Bank and Borrower with
respect to the subject matter hereOf, except as ~pecifically set
forth herein.
31. Binding Effect; Benefit. :I.'his Loan Agreement shall
be binding Upon and shall inure to the benefit of the successors
and assigns of Bank and the successors ~nd permitted assigns of
Borrower. This Loan Agreement is not intended to benefit any other
party other than Borrower, the permitted assigns of Borrower (if
any), Bank and the successors and assigns of Bank.
"
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IN WITNESS WHEREOF, the parties hereto have executed th s
Loan Agreement as of the day and year first written above.
THE BANK OF ASPEN
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SHUGGLER !10BILE HONE OWNER'S
ASSOCIATION, a Colorado
Cooperative Association
By fl~t)1~,~_
Pres' ent .
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LAW 0 FFICES
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OATES, HUGHES Be KNEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. f(NEZEVICH
DEBORAH QUINN
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPf(INS AVENUE
ASPEN, COLORADO au!"
April 28, 1982
AREA CODE 303
TELEPHONE 9Z0.1700
TELECOPIER 920-021
Paul Taddune, Esq.
City Attorney
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Smuggler Enclave Annexation
Dear Paul:
With reference to your March 17, 1982 letter to me in
which you have expressed some concern over an apparent typograph-
ical error in the legal aescription of the Smuggler Enclave An-
nexation, I am enclosing for such further action you may deem
appropriate a proposed ordinance amending both the annexation
ordinance and the recently adopted SPA ordinance, which renewed
the error. Presumably, this should handle the problem. Cer-
tainly all of us knew what property we were talking about through-
out all of the proceedings that occurred after the annexation and,
obviously, no one has been injured by the technical error. Please
give me a call to let me know how you intend next to proceed with
this.
Sincerely,
!
OATES!
& KNEZEVICH, P.C.
ughes
RWH/caa
Enclosure
cc: Alan Richman
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. ASP8\! I eHKIN co,
'AfiNNtNG OffICE
TO: Paul Taddune, City Attorney
MEMORANDUM
~
Department~
FROM: Louis Buettner, Engineering
DATE: March 11, 1982
RE: Smuggler Enolave Annexation
-------------------------------------------------------------
In Section 5 of Ordinance 58, ~ries 1979, on Zoning, a portion
of the above annexation has description errors.
The property being described is supposedly the Smuggler Trailer
Park. The error is the reference to "East Aspen Townsite," in
which the true reference should be "East Aspen Townsite Addition."
The error probably came from the Deed between the Maddalone's
and Aspen Mountain Park Partnership. This Deed. was recorded in
Book 361, at Page 106. The Deed references "the East Aspen
Townsite." The use of "East Aspen Townsite" instead of "East
Aspen Townsite Addition," locates the property approximately 680
feet Southerly of the true location.
The effect of the above error in my estimation is to zone the
trailer park R-15-A, though the intent was to zone the property
SPA.
Please contact me if the above is not clear to you.
LB/co
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Sunny Vann
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CITY OF"ASPEN
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130 south galena street
aspen\ color a d 0",-'81611
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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
I.
Sewer Improvements
3. Serv.ice Connections
4. Service to Trailers
5. Service Pipelines
$ 5,340.00
89,000.00
42,500.00
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Robert W. Hughes, Esq.
OATES, HUGHES & KNEZEVICH, P.C.
March 4, 1982
Page Two
~.
II. Gas Improvements
4. Service Lines to Trailers
$ 8,900.00
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
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 A}10UNT
$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
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
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DATE: February 19, 1982
TO: City Man~ger
Planning Office
Building Inspector
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FROM: Paul Taddune
RE: Park Dedication Fee Calculation:
and Pitkin Reserve
1.\....
Smuggler Mobile Home Park
Forwarded fOr you):' approval is a document entitled Land Valuation
and Park Dedication Fee Calculation which is being proposed as
Exhibit "G" to the Pitkin Reserve PUD and Subdivision Agreement.
Please review this document for compliance with Section 7-143 of
the Municipal Code pertaining to park dedication fee calculation.
Also annexed in this regard is supporting documentation substanti-
ating the purchase price pursuant to Section 7-143(2)(3).
PJT:mc
Attachments
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LAND VALUATION
AND
PARK DEDICATION FEE CALCULATION
In accordance with Section 7-143 of the Aspen Building Code and
Section 20-18 of the Aspen Subdivision Code, the cash equivalent
fOr the park dedication fee and its determination for the Pitkin
Reserve Subdivision is as follows:
Purcha~e Price of Total Parcel
(20 acres)
$1,250,000.00
Price Per Acre
. 20
~
x 7
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x .01
x '2.5
62,500.00
Value of 7-Acre Development
Parcel
437,500.00
36,458.33
Value Per Unit (12 units)
1% of Land Value Per Unit
364.58
911. 46
Fee per .3-Bedroom Unit
Value of l3-acre parcel
dedicated to open space
812,500.00
Difference between cash
equivalent of park dedica-
tion fee ($911.46 x 12 =
$10,937.52) and value of
open space parcel
801,562.48
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,---.
,---.
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
DATE: February 1, 1982
APPROVED AS TO FORM:
RE: Smuggler/Pitkin Reserve Ftnal Plats
Background:
Status Update:
Unresolved
Issues:
On January 11, 1982, you approved,' on f' rs reading
1, 2 and 3, Series of 1982. Ordinance 1 and 2 are ssociated
with the Ftnal Plat for the Smuggler M .Ie Home Park, whiJe
Ordinance 3 is associ.ated wIth the Pitki,n Reserye Fi.nal Plat.
At that meeting we also suggested that you set a date for a
work session to discuss these applications. before thei,r
fi na 1 hearing.
The purpose of today's work session is threefold:
1. To bring you up-to-date on the status of these applica-
tions.
2. To discuss several issues which remain to be resolved.
3. To discuss the process to b.e followed in finalizing these
applications.
Each of these items is discussed in detaiJ below.
In mid-December, the applicant submitted the final plats and
subdivision agreements for the Smuggler MobiJe 1:I0me Park and
Pitkin Reserve Subdivisions. The Planning Office, City
Engineer and City Attorney have been actively reviewing these
documents since that time ,c<,~lith the assistance of other city
personnel. Recent staff meetings on this subject have indi-
cated that the applicant needs to revise the plats and sub-
division agreements before they may be heard by CIty Counci l.
Staff has also determined that before these items are
brought before Council, several additional documents should
be submitted, including the following:
1. The deed .restrictions 1 imiting the 87 existing unIts and
17 new units at Smuggler, and 1 unIt at PItkin Reserve
as emp 1 oyee hous ing.
2. The improvements survey indicating the existing config-
uration of the mobile home park, which will permit the
identification of all noncompliance with code provisions.
This survey wi,ll permit the drafting of an abatement
schedule by the BuiJding Department to remove those
non-conforming features which can reasonably be abated.
3. The applicant should indicate that the improvements
scheduled to be impl~ented at the mobile home park
wi.ll be completed before a certificate of occupancy is
issued for any unIts at Pitkin Reserve.
The applicant has indicated a willingness to provide thIs addi-
tional i,nfomation and expects to have it available either
this week or next.
.As you may recall, the appl icant requested and was granted a
work session with Counci.l on November 24, 1981. At that
time, the applicant discussed four issues with City Council
in hopes of getting them resolved. The Planning Office
would 1 ike to reiterate each issue to bring you up to date
as to their status. .
,--'"
-,
Memo.: Smuggler/Pitkin Reserve Final Plat
Page Two
February 1, 1982
1. Park Dedication Fees -- The applicant proposed to you a
land dedication of 18 acres of open space in lieu of the
cash fee for those new mobile homes wbich fall within tbe
middle income guidelines, the 12 new free market units at
Pitkin Reserve and the 1 employee unit at Pitkin Reserve.
Cauncil sbould recognize that this land has already been
dedicated to Pitkin County (in return for agreeing to the
subdivision and annexation of Pitkin Reserve) but that the
City is specifically identified as a third party benefi-
ciary of the dedication, providing a mechanism by which
we can enforce the open space status of tbe land. Since
Section 20-18 does not require th.at tbe land be dedicated
to the City, but only that it be open space, the Planning
Office has no problem with this arrangement.
2. $70,000 Selling Price -- The P & Z recommended a restriction
on the new mobile homes of low income employee housing
guidelines. The applicant indicated to you that the
settlement agreement permitted the sale price of these
units to be up to $70,000. Our main concern in this regard
is that these units be deed restricted within current guide-
lines. The applicant has indicated that the units will not
exceed the sales guidelines for middle income housing. The
applicant should provide the deed restrictions limiting
the uni.ts to this guideline prior to your bearing the Final
Plat. The applicant must also limit occupancy of the units
to our newly adopted employee housing guidelines and not to
the alternative mechanism pro.posed for the 87 existing
units which constitute a special type of deed restriction
CI.e... conversion, not new construction). The applicant
should recognize that any unit sold within the middle
i,ncome guideline is subject to park dedication fees, which
must be paid in cash or offset by the land dedication dis-
cussed above.
3. Loopi,ng Water System -- The applicant originally was
required to loop tbe water distribution system inter-
connected witb the Black Birch and Red Butte Subdivisions.
Recent negotiati,ons have suggested that instead of looping
the system across the river, the applicant could loop
along Willoughby Way and share this cast wi.th. the proposed
Cheek Sub_division in Pi.tkin County. In ei.ther case, the
Water Department continues to suggest that for re liabi 1 i.ty
of service, a loo.ped system is essential, and the applicant
should work out an agreement to pay for it.
4.. Undergrounding Electric -- You asked the applIcant to
provide a cost estimate for undergrounding the main electric
transmission 1 i.nes. at the mobil e h.ome park. The applicant
h.as an estimate by Holy Cross Electric whicb states that
this improvement would cost about $100,000. P & Z
,recommended undergrounding, even when tbe app li.cant sug-
, gestecl i.t might cost $175,000 because the Electric
Inspector felt it could be done for 1/2 that amount. His
recommendation is based on not only aesthetic .reasons, but
als.o on th.e current City policy encouraging undergrounding
of utilities and lastly on health. and safety concerns. We
continue to agree wi.th tbe Building Department that i.t
wo.uld be desi.rable to have all wires underground at the
pa.rk, particula.rly si.nce they go underground adjacent to
the park and since ongoing Smuggler Area planning is
documenting the importance of such improvements to residents
of t~e area. We recommendtbat you require the applicant
to place a llutil i.tiesunderground, as was recommended by
P & Z.
5. Additianal Isslies -- Roads and Drainage -- The .representa-
tives of the Smuggler Mobile Home Park Tenants Association
have indicated to. the Planning Office that the residents are
qui.te concerned that no indication ismade on th.e improve-
ments schedule to insure that the roads will be fully
~
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Memo: Smuggler/Pitkin Reserve Final Plat
Page Three
February 1, 1982
improved. The timing on this improvement is dependent
upon the completion of drainage improvements to the entire
Smuggler Mountain Area, to. which the mobile home park
drainage system will be linked. Nevertheless, the applicant
should be required to commit to:theroad improvements,
insuring that this burden will be shared by the developer
and the tenants and not left simply to the t~nants.
Upcoming
Procedure:
The app1icant must appear before Counci.l one additional time
to obtain approval of the following concurrent requests:
Smuggler Mobile Home Park
1. Final Plat/Subdivision
Agreement
2. Precise Plan Adoption by
Ordinance
Pitkin Reserve
3. Condominiumization of the
new units
1. Final Plat/Subdivision
Agreement
2. Zoning Adoption by Ordinance
3. Exemption of Units from
GMP
4. Exemption of the new units
from GMP
5. Disconnection ftom~he City,
of part of theparl('byordinance
The Planning Office anticipates bringing these items before
you at your regular meeting on February 8, 1982. Should
there still be details which must be finalized at the time
of this meeting, the items will be tabled and rescheduled
for your meeting on February 22, 1982. In either case, we
see no reason that these proj ects cannot be fina 11 zed duri ng
the month of February.
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The Durant Moll. 710 Eo~uront Street Aspen, Colorado 81611 USA.~3/925-2772
Februa ry I, 1982
TO: Alan Richman, Assistant Planni.ng Di.rector
FROM: John Hawkins
RE: Rental Guideli.nes - Smuggler Mobile Home Coop (Parcel A, Sumggler
Precise Plan)
Thi s wi.ll amend Brooke Peterson I s memo of July 16, 1981 CSmuggl er Resa 1 e/
Rental Restrictions, to Alan Richman) with respect to rental price and
enforcement for mobi'le Domes in the Smuggl er Mouil e Home Park.
As this previous memo outlines, potential renters will be qualified by a
housi.ng office, with first priority given to Pitkin County employees of
2+ years residence (for personal occupancy}, then to Pitkin County employees
of less than 2 years residence (for personal occupancy).
Rental price will not exceed the sum of the owner's montbly expenses (mortgage
payments and coop month 1y assessment), plus twenty five dollars [$25). How-
ever, in the case of a cash owner with no mortgage expense, the rental
ceiling will fie set at toe middle income rental guideline.
Enforcement of the guidel ines will be two fold.
renters (.And rental price) will be monitored by
restrictions will be incorporated in tne Coop's
tions.
First, qualification of
a oousing office. Second,
by laws or rules and regula-
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Interwest
The Durant Mall 710 Ea~urant Street Aspen, ColOrado 81611 USA ~l925-2772
,
February I, 1982
TO: Alan Richman, Assistant Planning Director
FROM: John Hawkins
RE: Sale/Resale Restrictions & Rental Guidelines for 17 New Units,
Smuggler Mobile Horne Park (Parcel C, Smuggler Precise Plan)
This recommends that sale/resale/rental guidelines be adopted for the 17
new Smuggler Mobile Home units, similar to the guidelines recommended
for the existing park (Brooke Peterson to Alan Richman, July 16, 1981).
These guidelines would include:
1. Initial Sale of new units would be restricted to local employees,
qualified by a housing office with the following priorities: Pitkin
County employees of 2+ years residence (for personal occupancy);
Pitkin County employees of less than 2 years residence (for personal
occupancy); Pitkin County employers for use by employees; Pitkin
County residents (for personal occupancy). Sale price will be set
by the owner, not to exceed $70,000. A sale fee of one percent (1%)
may be charged by the housing office.
2. Resale of the 17 units would abide by the same employee purchaser
restrictions, with buyer qualification handled by the housing office.
Sales price would be established by the current owner, to this quali-'
fied pool of buyers.
3. Rental Restrictions would follow the same qualification rationale.
Pitkin County employer/owners will be required to rent to either his
employees or to the employees residing in Pitkin County for 2+ years.
If no qualified renters exist, the mobile home will be offered for
rent to any Pitkin County employee. Similarly, non-resident owners
shall be required to first rent to 2+ year employees, then any Pitkin
County employee.
Rental price would be restricted to the sum of the cost of monthly coop
assessments and mortgage payments, plus twenty five dollars {$25)-(not
including utilities" If the OWner does not incur monthly mortgage payments,
the rental ceiling would be established at the middle income rental guide-
line.
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Mr. Alan Richman
February I, 1982
Page Two
Enforcement of rental guidelines would be handled in part by the qualification
process via a housing office, and by specific requirements explicit in the
coop rules and regulations or by laws.
,~
^
MEMORANDUM
TO:
City Council
Wayne Chapman
Paul Taddune
Alan Richman
FROM:
Michael Lipkin
February 1, 1982
DATE:
RE:
Smuggler Mobile Home Park - Park Dedication Fee
------------------------------------------------------------------
In accordance with Section 7-143 of the Aspen Building Code and
Section 20-18 of the Aspen Subdivision Code, the cash equivalent
for the park dedication fee and its determination for those new
units at Smuggler Park which are sold to qualified middle income
employees is as follows:
Improved Land Value per Unit*
$25,000.00
1% of Land Value per Unit
x .01
250.00
Fee for 2-Bedroom Unit
x 2
500.00
A park dedication fee of $500.00 per unit will be paid for each
unit sold to a qualified middle income buyer. As units sold to
qualified low and moderate income employees will not require a
park dedication fee payment, the park dedication fee for units
sold to qualified middle income buyers will be paid at the time
of sale.
*Determined from the sale price of the land in the existing
portion of Smuggler Mobile Home Park.
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Following compl~tion of the park improvements and utility I
installation and relocation, the plat should be revised as necessary
to indicate surveyed-in-place utility easements as well as changes I
necessitated by field conditions. Thi$ updated plat will serve
,as an important informational document for the cooperative. In I
the meantime, however, the current developer should record a plat i
indicating as nearly as possible the intended development plan I
for the site.]
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MEMORANDUM
TO:
Alan Richman, Planning Office ~
Jay Hammond, Engineering Department~
FROM:
DATE:.
January 29, 1982
RE:
Smuggler Mobile Home Park Final Plat
--------~------------------------------------------------------
Having reviewed the above submission and made a site inspection,
the Engineering Department has the following comments:
1. Items that should be included on the plat prior
to recording:
a.
b.
Date of Survey.
A complete index on the first page.
All survey monuments found and set.
c.
2. The applicant is currently in the process of obtaining
an internal improvement survey of the park. Completion of
this survey and its inclusion in the plat will serve to answer a
number of remaining questions including the following:
a.
size and location of all individual lots.
Private road right-of-way location.
Proposed utility locations and easements.
Common elements.
Non-conformities
b.
c.
d.
e.
scheduled for abatement.
3. The utility plans should further clarify all proposed
water line installations to indicate valves and fittings as well
as hydrant locations.
4. The applicant should supply back-up material on the storm
drainage system design inclUding runoff calculations, pipe sizes
and materials, catch basin specs, manhole specs and locations,
and cost estimates.
.
,.........-...
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Page 2
January 29, 1982
Smuggler Mobile Home Park., Final Plat
5. The plat should specify all common elements including
parking, Open space, pedestrian easements etc. The use of these
areas should be clearly defined.
.
6. Improvement Schedule "F" includes figures for reimbursement
to the City for a water line already installed across the property.
These figures should be mod.ified to reflect the following breakdown:
ITEM
QUANTITY
PRICE
8" Cl 52 DIP 510 LF
6" Cl 52 DIP 128 LF
8" GV & VB 3 Ea
8" 450 Bend 1 Ea
8"x8" Tee 1 Ea
6" GV & VB 2 Ea
6" FH w/Drain & Kickblock 2 Ea
8"x6" Tee 2 Ea
8" MJx FIg Tee 1 Ea
8" MJ Plug & Kickblock 1 Ea
Compensation 8" Tie-in 1 Ea
Compensation to plug and abandon 4" line
Furnish and install Class 6 base course
1,071 Tons
$ l7/LF
$ 14.50/LF
$ 560.00 EA
$ 200.00
$ 300.00
$ 420.00
$1,250.00
$ 300.00
$ 300.00
$ 150.00
$2,200.00
$ 515.00
$
6.90/Ton
profi t
Total Cost including Contractor's overhead and
TOTAL
8,670
1,856
1,680
200
300
840
2,500
600
300
150
2,200
515
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7,390
$27,201
.7. The improvement schedule also fails to give a figure for
the 8 inch water line intended to serve the new trailer units
to the north of the park. We estimate this main extension will
cost approximately $35,000 and that this cost should be guaranteed.
by the developer under Section 20-16 (c).
8. The precise plan and subdivision agreenentshould include
the following:
a. II. B. Construction Schedule refers to delays due .to
causes beyond the control of the owner. We wish to include a
provision requiring our approval for significant changes in the
schedule for installation of underground improvements. Delays
that would drag such work on into the winter season would not be
acceptable.
h. III. Easements, Right-of-Way, and Relocations
Paragraph C should be titled Gibson Avenue and Spruce Street and,
since the easements are located relative to the existing paved
roadways and at no point do they represent truly rectangular strips,
would probably be best calculated and expressed as square footages.
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MEMORANDUM
TO: City Engineering Department
Paul Taddune, City Attorney
FROM: Alan Richman, Planning Office
RE: Aspen Mountain Park Final Plat and SPA Preci.se Plan
DATE: December 15, 1981
Attached is the Aspen Mountain Park final Plat and Precise SPA Plan Submission.
This application i.s incomplete n the remaining information which includes the
Subdivision Agreement will be forwarded to' you in the course of the next one to
two weeks.
The Pitkin Reserve Final Plat will also be referred to you soon. They are both
being tentatively scheduled for the January 25, 1982 City Counci.l meeting pending
submission of all necessary items.
Please review and return conunents to me by Monday, January 11. Thank you]!
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HOLY CROSS ~~ECTRIC ASSC~IATION, IN
l301 GRAND AVENUE
P. O. DRAWER 250
GLENWOOD SPRINGS, COLORADO 81601
AREA COD
303
945 - 549'1
945.6056
December 9, 1981
Mr. John Hawkins
Interwest Realty
710 East Durant Street
Aspen, Colorado 81611
REF: Aspen Mountain Park
Dear John:
I have completed a preliminary cost estimate for undergrounding
all the existing overhead power lines in the Aspen Mountain Park
Development, as shown on the en~losed sketch, which will be subject
to change prior to construction.
Total estimated cost of construction $ 106,000.00
Less: Equivalent overhead line credits for
underground (Holy Cross Electric investment) ( 8,000.00)
Construction contribution (non-refundable)
and total payment required $ 98,000.00
These costs are based on 1981 prices. If you wish to proceed
this project in the spring of 1982, ~oly Cross will prepare a
estimate based on 1982 prices.(i-I'5"j.
with
new
The secondary service available at the transformers will be 120/240
single phase. It will be your responsibility to extend the secondary
services from the transformers to each trailer in accordance with
the National Electric Code and Holy Cross Electric specifications.
Meter locations must be approved.
If you have any questions, please contact me.
Sincerely,
HO. "/;'C
A. Fran e, Staking Engineer
JAF:lsz
Enclosure
CC:Job#8l-9496:90-60:Aspen
Mountain Park
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John Hawkins
c/o Interwest, Inc.
710 E. Durant St.
Aspen, CO 81611
(303) 925-2772
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SMUGGLER MOBILE HOME PARK
FINAL PLAT SUBMISSION
December 9, 1981
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SMUGGLER MOBILE HOME PARK
FINAL PLAT SUBMISSION
TABLE OF CONTENTS
Submission Request
Project History
Background
Approval Process
Project Description
The Site
Development Plan
IlPrecise Planll
Site Tabulations
APPENDIX
Subdivision Agreement
Improvements Schedule
Construction Timetable
Ownership/Development Team
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I. Submission Request
The applicant, Aspen Mountain Park Partnership (AMP), hereby
submits this final plat for consideration and approval by the City of
Aspen. The applicant requests that subdivision approval be granted for
the Smuggler Mobile Home Park (now Aspen Mountain Park) development in
compliance with the following:
A. Zoning
The Smuggler Mobile Home Park is currently zoned as a
Specially Planned Area (SPA). Fulfilling the requirements of this
zoning category, this submission is tendered as a "precise plan" for
the area, with respect to permitted uses/zoning and related issues.
B. Information Requirements
At the request of the Aspen Planning Office and consistent
with the Mobile Home Code, this application provides information called
for in the Planned Unit Development zoning category.
C. Growth Management Plan Exemptions
The applicant seeks to develop 17 new mobile homes within
the park, and exempt these units from competition under the GNP as
employee units under the provisions of Section 24-11.2 (i) of the Aspen
Growth Management Code. This ~s consistent with the approval
recommendation of the Aspen Planning and Zoning Commission to City
Council.
II. Project Historv
A. Background
In the fall of 1980, a settlement was reached between the
City of Aspen, AMP and the Park Homeowners Association. The objectives
of the agreement, as outlined by the' Planning Office, were:
-given inevitably escalating rents, to preserve the Park as a major
source of area employee housing;
-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.
The terms of the agreement provide a financial basis under
which AMP agreed to liquidate its holdings in the park. AMP agreed to
make limited improvements to the utility and road systems in the Park
and to make the spaces available to the present owners of mobile homes
at an average price of $25,000 per space. Following the sale, all
units were to be placed in the employee housing pool in a manner to be
determined hy the City. In exchange, the Park was to be permitted to
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be expanded by 26 additional-employee use, deed restricted mobile
homes, to be sold by AMP at a price not to exceed $70,000. AMP 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 Growth Management Plan (GMP) through a
code amendment which would need to be enacted. All proceedings were to
be concluded by October I, 1981.
B. Approval Process
The Conceptual and Preliminary Plat review process has
taken significantly longer than originally agreed to in the Settlement
Agreement. During this process, negotiations between AMP, the
Homeowner's Association and the City of Aspen have resulted in a number
of concessions by AMP (vis a vis the Settlement Agreement), with
proposed development of a reduced number-of new units (17 versus the
original 26) and a significantly expanded utilities improvements
program.
Recommendation for preliminary approval was made by the
Planning & Zoning Commission on July 28, 1981, subject to 15 conditions
(outlined in paz r.esolutions attached).
III. Project Description
.
A. The Site
The site consists of approximately 11.8 acres bordered by
Gibson Avenue and Spruce Street to the south and west, and Pitkin
county to the north and east. Topography is essentially flat
throughout. the central, major portion of the site,~ising sharply to
the north and east (approximately 20'). Vegetation is sparse, with
small to medium size Cottonwood, Pine and Aspen trees distributed
primarily in northeast and south corner~ and unevenly throughout the
park.
B. Development Plan
The applicant seeks approval to subdivide the Smuggler
Park into four parcels. Specifics of these subdivisions and existing
City ordinances sustaining them as exemptions from the Growth
Management Plan are as follows:
Parcel A - The central, major parcel (approximately 9.133 acres
encompassing current mobile homes) will become the Smuggler Mobile Home
Park Cooperative, a form of ownership dictated by financing
requirements. The only development anticipated is this parcel other
than relocation of 6 existing trailers to provide more even spacing, is
the addition .of a new Laundry room/Co-op meeting room.
Parcel B - The small (approximately .356 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. As this is
an interior relocation within the property, and does not create any
additional growth in units, the creation of this lot is exempted from
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the GMP pursuant to Section 24-11.2 (d) - the lot split exemption.
Parcel C - This parcel, approximately 1.912 acres adjoining Parcel A to
the north, is proposed ~or development of 17 new mobile homes ~s
supported by the City Settlement Agreement. These homes will also be
owned as a cooperative, sharing mutual expenses with the Smuggler
Mobile Home Cooperative. Given that these will be developed and sold
as controlled employee housing units at prices at or below $70,000
(City Settlement Agreement), these parcels should be exempted from GMP
under Section 24-11.2 (i).
Parcel D - The small, quadrilateral shaped parcel to the northeast
(approximately .402 acres) has been proposed for disconnection from the
City as a gift deed to Pitkin County.
C. Special Planning Area - Precise Plan
Consistent with Smuggler Park's zoning as an SPA, this
application recommends a "precise plan" for the area to establish
permitted uses and zoning.
Parcels A & C - Zoning should be established as Mobile Home Park (MHP).
All issues pertaining to physical constraints (set backs, parking,
'utilities, open space, etc.) should therefore be guided by the Aspen
Mobile Home code, except where the code is amended in connect{on with
this application or where established non-conforming uses cannot be
remedied.
Parcel D - Zoning should be established as R-15 Residential, consistent
with the single family residential relocation and adjacent zoning.
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Smuggler Mobile Horne Park
Improvements Schedule - Existing units (Parcel A)
ITEM/PRELIMINARY PRICE ESTIMATE PER UNIT TOTAL
I. Sewer Improvements
1. Polyvinyl Chloride Sewer Pipe (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 @$24/LF
8,400.00
2. Manholes
Standard, includes furnish in gs:
a} Standard M.H. 8 feet to 10 feet
in depth 8 ea. @$l,OOO/ea.
b} Standard M.H. 10 feet to 12 feet
in depth 2 ea. @$1,200/ea.
8,000.00
2,400.00
3. Sewer Service Connections to Main Line
includes furnishings:
811 to 411 PVC-"Y" 89 ea at $60
5,340.00
4. Sewer Service connections to ~railers
NOTE: Allowance only - this is considered
adequate for required plumber "Hook-up"
to trailer. Work to be done is from property
line to traile~ sewer outlet.
89 @$ll/OOO
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
$18/Cu.Yd.
7,200.'00
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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
StandardOTOO, Line-A, 1 @$550
550.00
Sub Total $148,740.00
10. Supervision - 10% 14,874.00
II. Contractor Overhead/profit 10% 14,874.00
12. Contingency - Change Orders 11,512.00
TOTAL $190,000.00
II. Gas Improvements
I. C&W Mainline I 2" Pipe
350 feet @$3/LF 1,100.00
2. Regular 2" Pipe (Mains)
(PE) 400 feet @$I.50/LF 600.00
3. Regular ll.it" Pipe (Mains)
(PEl 2,500 feet @$l/LF 2,500.00
4. Service Lines to Trailer
NOTE: Contingent upon City of Aspen
approvals for lire-piping".
89 @$lOO/ea. 8,900.00
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5. Skilled & Unskilled Labor $10,000.00
6. Equipment 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 Crossl
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: Contractb~ 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"""'..,
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I-Hydrant @$1,500/ea
1,500.00
TOTAL
$ 7,875.00
2. Sewer & Water Line Crossing
230 @$350/ea. (optionall
700.00
3. ,Water Service Connections to Laundry
(1 @$1,500l
Units 28, 40, 43, 58, 78, 84
($l,OOO/ea.l
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 Cityl
ITEM/UNIT PRICE
TOTAL
1. Water Main (12", paid at 8" ratel,
2 Fire Hydrants
8" DIP, 510 LF @$17/LF
6" DIPJ 108 LF @$14.50/LF
8" MJ "GV + VB, 3 @$560
1 at Tap, 1 ,at Tee, 1 on Tee
8" 45' Bend @$200
8" x 8" Tee @$300
6" ~V + VB 2 @$420
6" Fire Hydrant, Drainand 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
@$515
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
515.00
TOTAL
$27, 20I. 00
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V. Rough Grading & Finish Grading for Roads & parking
1. Rough grading of approximately 30 feet
between property lines. Best compaction ,.
obtained by standard roller methods, ie.,
NO Vibration, NO retaining walls, remove
any existing paving.
Cut, Fill Balance grade for approximately
2,550 LF at $3/LF $7,650.00
2. Finish Grading of Approximately
30 feet width, as above.
2,550.LF @$2/LF
5,100.00
1,275.00
$14,025.00
3.
Contractor Overhead & Profit
TOTAL
VI. Miscellaneous Work
1,,200.00
I.
Remove 6 Existing Concrete Pads
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, Sodl
2,500.00
TOTAL
$27,760.00
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VIl Storm Drainage
1. Allowance for: Approx. 620'
PVC Pipe, varying diameter
(12-15-18"l, 6 grated inlets.
Plugged until naster arainage
system is available. Bedded
2-3" deep.
TOTAL CONSTRUCTION
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$34,000.00
$488,46I.OO
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Smuggler Mobile Home Park
Improvements Schedule - New units (Parcel Cl
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
$13,080.00
2. Manholes
Standard MH, 8 to 10 feet in
depth, 3 @$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 unitsl
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,
Sandl
80 Cu. Yds. @$18/Cu. Yd.
1,440.00
SUB TOTAL
$43,615.00
7. Supervision - 10%
4,361.00
8. Contractor Overhead - 10%
4,36I.OO
9. Contingency
3,000.00
TOTAL
$55,337.00
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II. Gas Improvements
1. Regular 2" Pipe (Mainsl
(PEl - 520 feet @$1.50/LF
2. Service lines to Trailers
17 @$lOO/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
,.-,
$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
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3. Fire.Hydrant, 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.,
an x 8"
$350.00
5. Furnish & Install
17 Service Latterals, Not to
include PIF (Tap Feesl
$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~~ angleC.I. @$200/ea.
3-11~. angle C.I. @$200/ea.
1-8" M.J. C.I. Plug & K.B. @$150
1,950.00
7. Allowance to connect 17 3/4" Services
Plumber to Trailer from Property Line
17 @$850/ea.
14,450.00
SUB TOTAL
$52,012.50
8. Contingency (Ihcluding possible : sand beddingl 4,923.50
9. Possible Sewer Crossings
3 @$350/ea.
1,050.00
TOTAL
$57,985.50
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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 ofapprox. 700 LF
@$2/LF
1,400.00
3. Paving, 2 inches asphalt over
8 inches suitable, Compacted base,
to 24 feet width average,. for 700 LF
1,867 Sq.yds. @$11.50 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
Drainage system. 12,000.00
5. Contractor Overhead, Profit,
Supervision and Contingency 5,680.00
TOTAL
$43,550.00
TOTAL CONSTRUCTION
$ 187,907.50
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Site Tabulations (By Parcel)
Total Acreage - 11.8
Parcel A
Acreage,- 9.133',//
Proposed Zoning' - Mobile
Number, of Units'-87
Leasehold spac.s_5~
Rights of Way/Easements -
Common Space - j.010 acres
Parking - 2 spaces'per lot
56 additional guest/RV parking spaces
Parcel B
Acreage - 1.912 acres
Proposed Zoning - Mobile Hdme Park
Number of Units ~ 17 mobile homes
Leasehold Spaces - 1.368 acr~s .
Rights of Way/Easements - .536 acres
Common Space - None
Parking - 2 spaces per unit
5 guest spaces
Acreage - .3~6 acres J
Proposed Zoning - R-15, single family residential
Number of Units - 1 residence
Structure - Single story frame victorian
Building Coverage - 1,200 square feet
Easements' .089' acres
Parking - 2 spaces
Parcel C
Parcel D
(to be deeded to Pitkin County)
Acreage - .402 acres
".....,
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DEVELOPMENT & CONSTRUCTION SCHEDULE
The, construction schedule forth_ Smuggler Mobile Home Park
assumes a start date of May 3.. 1982, with the' pro j.ct
anticipated to b.compl.t.d by August 2J,1982~
This schedule is contingent upon:
1. Ti3ely approval of the Final Plat.
2. Compt.tion in an .xp.di~ious manner of the
bidding, contractor selection, ind implementation ~hases to
meet the date!}' indicated.
3. Confirmation of the construction schedule by the
s.l.c.d contractors.
4. Availability of the required labor and materials
during each phase.
The completion of the sit. improvements (utilities and
landscaping) will b. coordinated with the residential
development/relocations in each phase.
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OWNER
ASPEN MOUNTAIN PARK
P.O. BOX 3004
ASPEN, CO, 81612
ARCHITECTS ,
LIPKIN. AVERITT & BARCLAY. DESIGN PARTNERSHIP
P.O. BOX ,3004
ASPEN, CO 81612
303 925-5689
ATTORNEYS
OATES. HUGHES & KNEZEVICH
600 E. HOPKINS. SUITE 200
ASPEN, CO 81611
303 920 1700
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DEVELOPMENT CONSULTANTS
INTERWEST. INC.
710 E. DURANT
ASPEN, CO 81611
303 925 2772
SOILS ENGINEERS
LINCOLN DEVORE
1000 WEST FILLMORE ST.
COLORADO S~RINGS, CO 80907
SURVEYORS
ALPINE SURVEYS - '
414 N. MILL ST.
ASPEN, CO 81611
303 925-2688
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pitkin count
506 east main stree
aspen, colorado 816 1
November 30, ,1981
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1.
Robert Hughes, Esq.
Oates, Hughes & Knezevich, P.C.
600 E.Hopkins, #200
Aspen, CO 81611
RE: Aspen Mountain Park
Dear Bob:
In reading the November 26th Times,I noticed that representatives
of Aspen Mountain Park requested to be permitted to donate:
"
"18 acres to open space at the Pitkin Reserve
free-market site with an estimated $450,000 worth to be u ed
to offset the park dedication fees for the 12 free-
market units there, seven free-market units to be
developed elsewhere in the future and the 17 new
trailers and spaces at the park."
Apparently this was agreed to by the City Council. Can you tell
me if you are relying on using the land previously committed to
Pitkin County south of the trail as part of this donation? And"
if so, how you propose to do that?
Thanks you.
Very truly yours,
~
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Sandra M. Stuller
County Attorney
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^
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MEMORANDUM
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TO:
Aspen City Council, Mayor Herman Edel
FROM:
Alexander E. Lipkin
Aspen Mountain Park
RE:
Smuggler Trailer Park
Pitkin Reserve
DATE:
November 23, 1981
--------------------------------------------------------------------
This memo has two purposes:
1. To set forth our suggestions on completing the review
process on which we have been working with your staffs for over
14 months trying to complete the Settlement Agreement of October 7,
1980, among the City, Smuggler residents and ourselves. I under-
stand we are to meet to discuss these questions tomorrow and I
hope you will consider point 2 of this memo in dealing with the
open questions.
2. When the Settlement Agreement was arrived at last fall
(after a full year of negotiations following the execution of the
Agreement in Principle between the City and ourselves on October 9,
1979), we based our financial requirements and resources on a six
month review process.-(In view of the exhaustive consideration
of the issues which arose during that year of negotiation, we
assumed that our course was somehow on a fast-track review. We
were wrong.) Initially we anticipated beginning the improvements
and Park expansion last fall, then this past spring, then this
fall - and now the best we or the tenants can hope for is next
spring.
At all events, the eight or nine month delay beyond even
a six-month basic review period has had a very serious economic
effect on us. This results from a number of factors, including
the following:
A. Interest charges at all time high rates on a debt
now well over 2 million dollars, arising from the purchase of the
land on which to use some of the free market units, and substan-
tial legal, architectural and consulting fees in dealing with the
review process, which has been especially costly in our situation
because of the series of personnel changes in several key City
departments during the period. (Note: this debt, of course, does
not include the obligations we incurred in the original acquisi-
tion of Smuggler~railer Court.)
,
,
,/
MEHORANDUM
Aspen C~ty Council
November 23, 1981
Page Two
".....,
.-.
B. Substantial and costly concessions on improvements
at Smuggler in response to requests and demands from both the
planning staff and the Park tenants.
C. Our having reduced the number of additional new
mobile homes from 26 to 17. This reduction, in view of the
basic ground cost and preparation of the area, will result in a
loss of over 50% of the anticipated gain on the new mobile homes.
D. Our having refrained from any rent increases what-
ever at Smuggler since January of 1979, a period of almost three
years.
In addition to all of that, I am now concerned about a
need for my partners and myself to assume a further serious finan-
cial obligation. A proposed plan for financing the purchase by
the tenants through local financial sources has not materialized.
While I had committed our partnership to financing up to 25% of
the financing, it now appears that we will have to do much more
or the proposed acquisition by the tenants of their own spaces
will once again fall through.
The economic consequence of all of this is simply the
fact that we cannot either go further on financial concessions or
live with much more delay ,without a substantial rent increase.
During the past year and a half, I have spent much of my
time in Aspen doing my level best to operate within the spirit
of cooperation which finally developed among the three parties
to this undertaking. There have been points at which this was'
not easy - especially when the need arose from time to time to
make significant concessions to planning, tenant and neighbor-
hood concerns, which either were or should have been raised
during the negotiations that resulted in last fall's Settlement
Agreement.
We are now approaching the end of the review process.
An agreement covering the sale of Smuggler to the tenants is
right now in the hands of Smuggler's counsel and its association
for approval and execution. That agreement is conditioned on
acceptable financing (on which we are prepared to start allover)
and on over 1/2 million dollars of expanded improvements to
Smuggler, which obviously goes far beyond the improvements to g ~
which my partners and I committed ourselves in paragraph 1 of ~
fall's Settlement Agreement.
I am asking simply that you take these factors into
account in dealing with the wrap-up questions we are to discuss
with you tomorrow. They are these:
f"""',
,.-,
MEMORANDUM
Aspen City Council
November 23, 1981
Page Three
1. Park Dedication Fees. We have agreed to dedicate
some 18 acres of land contiguous to the site of our proposed
Pitkin Reserve project for permanent open space. The terms of
this open space dedication, which admit of only non-vehicular
paths and trails, are specifically enforceable by the City of
Aspen which, in the dedication, has been expressly designated
as a beneficiary. The appraised value of this land far exceeds
the combined amount of any cash in lieu of land payment that
might otherwise be imposed as a result of the addition of the
six "duplex" structures proposed for construction at Pitkin
Reserve and the 17 new mobile homes proposed for installation
at the Smuggler Mobile Home Park. See attached calculation.
Moreover, the 17 new mobile homes are, pursuant to the Settle-
ment Agreement, to augment the supply of employee housing. And,
as you know, both the number of new trailers .and the price at
which we are entitled to offer them for sale were intended by
all as having been specific and integral parts of the negotiated
settlement and the economic factors that shaped the negotiations.
We believe that it is rather inconsistent with the spirit of the
settlement to significantly dilute those economic factors through
the imposition of cash subdivision exactions. This is especially
so in the case of the trailer park expansion where, with no obli-
gation to do so, we have already responded significantly and
positively to the open space concerns of you, the tenants, and
the neighborhood by curtailing the number of units by some 35%.
We therefore propose that, pursuant,..to Section 20-18 of
the City Code, our dedication to the public of the 18 acres of
land contiguous to Our Pitkin Reserve project site suffice in
lieu of a cash park dedication fee, for (a) the 17 new mobile
homes at Smuggler; (b) the 19 free market units of the Settlement
Agreement; and (c) the caretaker unit at Pitkin Reserve.
2. Selling Price of New Mobile Homes. Our Settlement
Agreement gave us the right to sell 26 new mobile homes at
$70,000.00 each. As indicated above, we have already agreed to
reduce the number of homes to 17. In its Resolution granting
preliminary plat approval, the Planning and Zoning Commission
has recommended that sale of these new mobile homes be restricted
to low income housing guidelines and occupancy limitations. If
such restrictions are imposed, we will be required to sell the
new mobile homes at a virtual loss, considering the cost of the
homes, the cost of mobile home pad improvements, and land value.
Such restrictions, coupled with our having agreed to reduce the
number of new mobile homes, simply places us intolerably far
from the economic context, of which all at the time were aware,
that led us to enter into the Settlement Agreement. More impor-
tantly, however, is the fact that in our estimation such
.
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MEMORANDUM
Aspen City Council
November 23, 1981
Page Four
restrictions just are not at all consistent with the terms of
the Settlement Agreement that require all of us "fully to
cooperate with each other to the end that the terms, conditions
and provisions [of the Agreement] shall be fully implemented
and effectual * * * ."
We therefore propose that we be permitted the right to
sell the new mobile homes for $70,000.00 (or less as market
conditions dictate to us) and agree that sales must be made in
the manner outlined in the July 16, 1981 memorandum of Brooke
Peterson (copy attached), which was incorporated into the
recommendation of the Planning and Zoning Commission granting
preliminary plat approval insofar as existing mobile homes are
concerned. Essentially, the Peterson memorandum proposes de-
fined categories of qualified employee or employer purchasers
to whom the mobile homes must first be offered for sale.
3. Looping Water System at Pitkin Reserve with Black.
Birch/Red Butte Subdivisions. In its resolution granting pre-
liminary plat approval to the Pitkin Reserve Subdivision, the
Planning and Zoning Commission recommended that we provide a
looped water distribution system interconnected with the Black
Birch and Red Butte Subdivision. The recommendation was in-
cluded in the resolution at the behest of the Water Department.
In September of 1981 (i.e., after the resolution of preliminary
plat approval) the City adopted its Water Management Plan, which
results in the restructuring of tap and Plan Investment fees.
These effect a tripling of the tap fees per residence over the
fees existent at the time of P & Z's recommendation for looping
the water system. However, this new fee structure has been
created so that the City, rather than the developer, assumes
the responsibility for the costs and implementation of capital
improvements to the system. We now seek confirmation of this.
4. Undergrounding Electrical at Smuggler. In its
recommendation granting preliminary plat approval to the Smuggler
Mobile Home Park the Planning and Zoning Commission recommended
that no overhead electrical or cable wiring be permitted in the
Park. The cost involved in this would be in excess of
$100,000.00. Yet, as was made clear at the meeting of P & Z on
August 4, 1981, at which the resolution of Preliminary Plat
Approval actually was voted upon, the concern against any over-
head electrical or cable wiring is not a health and safety con-
cern, but an aesthetic one. Health and safety concerns in res-
pect of wiring have been completely addressed in our joint
commitment with the tenants, to bring the electrical service
throughout the Park to code standards.
MEMORANDUM
Aspen C~ty Council
November 23, 1981
Page Five
1"""'\.
,~
" We, therefore, propose that the recommendation of the
Planning and Zoning Commission that no overhead electrical or
cable wiring be permitted in the Park be denied.
ASPEN MOUNTAIN PARK
.
by
Alexander E. Lipkin
.
..-
.
R'
. LA.WOFFICES
,,-,(1
BROOKE A. PETERSON
61i WEST MAIN STREET
ASPEN. COLORADOB1611
(3031 925-S166
HEHORANDU!1
TO: Alan Richman
Assistant Planning Director
FROU: Brooke A. Peterson,
RE: - Resale Restrictions and
Rental Guidelines for
Smuggler Trailer Park
DATE: July 16, 1981
In accordance w~ the understandings reached in the
meeting in'ffiy office.l~it week with Jim Reents, which
was also attended by Gail\Hahoney, the following are to
be the guidelines to be aDolied with respect to the sale
or rental of any mobile h~~e within the Smuggler Mobile
Home Park after the consummation of the purchase by the
cooperative.
1. The mobile home will first be offered for sale to
employees who have resided in Pitkin County during the
'::::o~, t,.,o (2) year, periodil11Jl\ediately prior to. their occupancy
" of the mobile home, or, who at the .time any mobile home
",~, is offered for_ s.alec" arec residing in Smuggler !10bile Home,-,
Park. The employee must agree to personally occupy the
mobile home.
2. After a periOd of sixty (60) days, should there
be no qualified purchasers in Category (I), the mobile
home may then be offered for sale and sold to anyone \.,ho
is employed in Pitkin County. The employee must aqree to
personally occupy the mobile home.
3. Should there be no qualified purchasers in either
Category (1) or Category (2), after an additional sixty
(60l day period, the mobile home may then be offered for
sale to employers doing business in Pitkin County for use
by their employees.
4. Should there re no qualified purchasers in either
Category (1), Category (2l, or Category (3), after an
additional sixty (60) day period of time, the mobile
home may then be offered for sale to any resident of
Pitkin County. The purchaser must agree to personally
~:r
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Alan Richman
July 16, 1981
Memorandum
Page 2,
occupy his mobile home.
IN ADDITION, a fee of a maximum of one half (1/2) of
one (1) percent of the sales price of the mobile home
will be paid to the housing office who shall conduct the
required investigation to determine whether or not a pro-
spective purchaser meets the applicable guidelines. It
is understood that the housing office is not contemplating
actually marketing the mobile homes, but if it does, a fee
of one (1) percent may be charged.
I wouid also like to see the adoption of a regulation
,,,hereby the cooperative has a ..right of first refusal on any
offer to purchase made by a purchaser for any of the spaces
in the Park to create the potential for additional open
space within the Park.
With respect to non-owner occupied mobile homes
presently existing in the Park, it was agreed that if
a mobile home is owned by an employer doing business
within Pitkin County', he will be required to rent his
mobile home to either his employees or to employees who
have lived in Pitkin County for a minimum of two ,(2)
""years. Should there be no qualified renters for that-
mobile home found within twenty days after a "Notice of
Availability of Space" is given to the appropriate
housing authority, the mobile home may be offered for rent
to any employee within Pitkin County. An owner who does
not occupy his unit and is not an employer in Pitkin
Co~~ty shall first be required to offer for rent to people
who have been employees in Pitkin County for two (2) years
and if no one can be found in the aforementioned twenty
(20) day period, thereafter the mobile home may be offered
for rent ~o any employee within Pitkin County. The fee
for qualifying a renter was not discussed.
It is the intention that the leasehold arrangements
of present tenants currently in non-owner occupied mobile
homes shall not be disturbed at this time. I would suggest
that any new rental agreements made between any non-owner
occupant arid the owner of a mobile home in the Smuggler
Trailer Park shall encompass a leasehold price not in excess
,~ -
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.
Alan Richman '
July 16, 1981
Marnorandum
Page 3,
of the cost of the monthly assessment payment to the co-
operative, the monthly mortgage payment on the mobile
home itself, and an additional amount not in excess of Twenty
five Dollars ($25.00). This amount would not include payment
for utilities.
The County Housing Authority is prepared to furnish the
Planning Office with additional support data, if necessary,
confirming that these types of arrangements are presently
working eff~ctively in Pitkin County.
I would add that these conditions have not be reviewed
or agreed to by the'Board of Directors of the Smuggler
Trailer Park Nobile HOr:lemyners I Association.
cc:
Robert B. Hughes, Esquire,_
Paul Taddune, Esquire-: --
Steven Kanipe
John Hawkins
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LAW ()FnCES
OATES, AUSTIN, MCGRATH & .JORDAN
GOO EAST H.OP~INS AVENUE:
lE:ONARO M. OATES
RONALD O. AUSTIN
.J. NICHO;",AS MCGRATH. JR.
WILLIAM R. JOROAN m
ROBERT w. .HUGHES
ASPEN. COLORADO 81611
September 25, 1980
AREA COOl:: 303
TCLEPHONE 925-2600
RICHARD A. KNEZEVlCH
Oi:BORAH OU~NN .
Mr. Donald C.- McKinlay
Holme Roberts & OW.en
1700 Broadway
Denver, Colorado 80290
Re: Sale of Aspen Institute for Humanistic Studies'
Property to Alexander E. Lipkin
Dear Don:
As you and I discussed this afternoon on the telephone,
and as was recently called to my attention by the title examiner
that we have engaged, we unwittingly neglected to include in
Exhibit "A" to the September 18, 1980 letter agreement for the
above-referenced transaction that portion of the property to be
conveyed known and described as Lot 7, Block I, pitkin Green
Subdivision. That property, as you know, is burdened with the
wells for Pitkin Green Subdivision. This then shall serve to
amend the parties' letter agreement, specifically Exhibit "A"
thereto, to include as a part of the property to be conveyed
this above-described parcel. You have indicated that this will
be conveyed by quit claim deed.
I would appreciate your having Mr. Slater or another
representative of the Institute confirm this on the signature
line hereinbelow provided.
Thank you for your attention to this matter.
!
i
Sincerely,
I
::TE[~J'
R9bert W. Hu
Gc
JORDAN
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Alexander E. LiPkin~
ASPEN INSTITUTE FOR HU}ffiNISTIC STUDIES
By
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HOLME ROBERTS 8c OWEN
ATTORNEYS AT LAW
1700 BROADWAY
DONALD C. McKINLAY
DENVER, eOL ')RAOO 80290
TELEPHONE 1303) 8131-7000
.
TELEX 45-4460
September 22, 1980
.'
Robert W. Hughes, Esq.
Oates, Austin, McGrath & Jordan
600 East Hopkins Street
Aspen, Colorado 81611
Dear Bob:
Herewith an executed counterpart of the
September 18, 1980 AIHS -- Lipkin agreement.
Sincerely,
~~
DCM:jl
Enclosure
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BRANCH OFFice,
COLORADO SPRINGS. COLORADO
TELEPHONE (3031 473-3800
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September 18, 1980
Mr. Alexander E. Lipkin
Dear Mr. Lipkin:
This letter sets forth the terms upon which we
("AIHS") will agree to sell and you ("Purchaser") will agree
to purchase the property (the'''Property'') described on
Exhibit "A" hereto.
1. Price. The purchase price of the Property is
$1,250,000 payable as set forth below. Purchaser has today
deposited with Interwest Realty $50,000 in the form of a
cashier's check to be held in an interest bearing account
on the terms of 'this agreement with interest to accrue to
the benefit of the party entitled to the principal. Prior
to October 10, 1980 the Purchaser shall, unless it elects to ~
terminate the contract pursuant to paragraph ~ below, deposit Ilcr.~
an additional $50,000 to be held as an earnest money deposit.
2. Condition. Purchaser shall satisfy himself as
to the condition of title to the Property on or before
October 10, 1980 and shall notify AIHS in writing on or
prior to that date as to whether title to the Property is
acceptable to Purchaser. If AIHS does not receive the notice
on or prior to October 10, 1980, the earnest money deposit
described above shall ,be returned to' Purchaser with interest
accrued and the parties shall have no further obligations
hereunder. If Purchaser notifies AIHS that title is satis-
factory on or prior to that date, it shall simUltaneously
deposit with Seller, together with the $50,000 (and interest)
held by Interwest, an additional $50,000 in cash or certified
funds.
M~
3. Closing. The closing shall be on October 28,
1980 at a timf~~~Place in Denver, Colorado designated by AIHS.
Possession of^the'~roperty shall be delivered on closing date
by Bargain and Sale deed. Taxes and assessmen'ts shall be pro-
rated as of closing based upon the last known rate and assessed
value. Purchaser shall pay $1,000,000 in cash at closing
(including the deposit) subject to adjustment for proration
of taxes, and shall deliver a non recourse promissory note
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Mr. Alexander E. Lipkin
September 18, 1980
Page Two
~~'
in the amount of $250,000 secured by a first lien on tLe
Property. The note shall be payable April I, 198~ and shall
bear inte,rest at a rate of 12 percent per annum payable April I,
198.. ,The form of the note and trust deed shall be satisfactory
to Seller. '
(d1.
4. - Time of essence, default. Time is of the
essence of this agreement and if any payment or other condition
is not made or tendered as herein provided, the parties
shall have the following remedies.
(a) In the event of a default hereunder by the
Purchaser, then this contract shall be terminated and both
parties shall be released from any obligations hereunder and
the deposit described above shall be retained by AIHS as
liquidated damages.
(b) If AIHS fails to perform 'any condition as
provided herein, then Purchaser may terminate this contract
whereupon all payments will be returned to Purchaser or
Purchaser may sue AIHS for damages. Purchaser may not
specifically enforce this contract.
5. Brokers. Purchaser shall pay all real estate
commissions and AIHS shall have no liability therefor, except
for any broker specifically employed by AIHS.
6. Assignment. This agreement may be assigned
only to an entity in which Purchaser owns an interest.
7. Notices: Notices shall be in writing and shall
be personally delivered at the addresses set forth below.
8. Special condition. The Purchaser shall have the
right to terminate this Receipt and Option Contract with full
return of all earnest monies with interest earned in the event
that the Aspen City Council shall at its September 22, 1980
meeting fail to approve a certain agreement to which the
Purchaser is a party.
A~~(tt~
ASPEN INSTITUTE FOR HUMA~~TIC
STUDIES ~! . .13~~,-
(/ :PRESIDENT
By
c/o Holme Roberts & Owen
1700 Broadway, Suite 1800
Denver, Colorado 80290
Received $50,000 this 18th day of
September, 1980 for de ivery to and
ret.ention by ,nttrJest Realty as
above prov~de .
By, ,!-t ;{;\ ' Av\.'
Robert W. HuahAR
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EXHIBIT A
A tract of la'nd being part of the Sri 1/4 of the
~E 1/4 and Lot 14 of Section I, and the NW 1/4 of the
:IE 1/4 I and Lot 14 of Section 12 "nd part of truct B
of the. BrQ';m Placer U.S.~l.S. 1':0. 15047 and the /lellie
Mc No.2 U.S.N.S. No. 15047 all in Township 10 S.,
Range 85 \,. of the 6th P. 11. Said tract is more fully'
described as follows:
Beginning "t a point on the northeasterly right
of way line of the Denver and Rio Grande Railroad
from whence Corner 20 of the Brown PIncer (which is a
brass cap in place) bears N. 21054'E. 451.~2 feet;
thence N. 14"52'E. 1.31 feet;
N. 33010'E. 194.79 feet;
N. 50000'\'1. 131.64 feet;
... N. 58.00'1'1. 165.01 feet;
N. 39.04'1'1. 144.45 feet;
N. 43012'\'1. 209.77 feet;
N. 35052'1'1. 159.49 feet to the southeast
corner of Lot 23, Blk 2, Pitkin Green Sub-Division;
"
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thence N. 88050'1'1. 162.41 feet along the south
line of said Lot 23 to the north line of a road;
thence N. 61014'1'1. 136.66 feet alonq said north
line of a road to the southeasterly line of Lot 10,
.Blk I, Pitkin Green Sub-Division;
thence S. 36009'1'1. 40.89 feet to the most south-
erly corner of said Lot 10;
thence northwesterly along the southwesterly
lines of Lots 10, 9, 7, 6, 5 and 4, nlk 1, Pitkin
Green Sub-Division (said line being 10 feet from and
ilarallel to the northeasterly right of way of the
Denver and Hio Grande Railroad) to the most \vesterly
corner of Lot 4 Elk 1, Pitkin Green 'Sub-Division;
thence S. 45011'1'1. 213.52 feet to the center
line of the Roaring Fork River;
thence S. 65"34'E. ,112.59 feet along the center
line of the Roo.ring Fork RiveJ;';
thence S. 4902S'E. 196.84 feet "long the center
line of the Roaring FOJ;'k RiveJ;';
A-I
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thence S. 0056'1'1. 395.28 feet along the center
line of the Roaring Fork River;
. thence S. 36022'E. '145.57 feet along
the center
line of the Roar ing Fork River;
thence S. 73034' E. 276.21 feet along the center
line of the Roaring Fork River;
the'nce S. 75008' E. 293.46 feet along the center
line of the Roaring Fork River;
thence S. 14006'E. 276.36 feet along the center
line of the Roaring Fork River;
thence S. 19005'1'1. 130.98 feet along the center
line of the Roaring Fork River;
thence ;;I. 63010'E. 99.98 feet;
" S. 30035'l'l. 228.37 feet;
" S. 25000' E'. ,82.00 feet;
" S. 52000'E. 50.00 feet;
.. S. 64000'E. 80.00 feet;
S. 75000' E. ,12:;;.00 feet;
N. 80000'E. 85.00 feet;
S. 87"00'E.,200.00 feet;
S. 55000'C. 100.00 feet;
S. 58.00'E. 90.00 feet;
S. 50000'E. 102.00 feet;
S. 86000,'E. 53.00 feet;
S. 66050'E. 170.00 feet;
" S. 26024'E. 296.30 feet;
" S. 60033'E. 281. 02 feet;
" N. 84035'E. 137.70 feet;
" H. 65051'E. 143.20 feet;
" N BI012'E. 113.20 feet;
" N. 40029'E. 59.20 feet;
" S. 89004'E. 199.98 feet to the w'cst line of
Lot I, Blk 1, Green Acres Sub-Division;
thence North ISO feet more or less to the north-
easterly right of way line of the Denver and Rio Grande
Railroad;
tbence nortbwest:e:l::J.y along the northeasterly right
of way line of tJre"'~::c,;;anrl Rio Grande Railroad to the
point of beginning_
A-2
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September 18, 1980
Mr. Alexander E. Lipkin
Dear Mr., Lipkin:
This letter sets forth the terms upon which we
("AIRS") will agree to sell and you ("Purchaser") will agree
to purchase the property (the "Property") described on
Exhibit "A" hereto.
1. Price. The purchase price of the Property is
$1,250,000 payable as set forth below. Purchaser has today
deposited with Interwest Realty $50,000 in the form of a
cashier's check to be held in an interest bearing account
on the terms of this agreement with interest to accrue to
the benefit of the party entitled to the principal. Prior
to October 10, 1980 the Purchaser shall, unless it elects to
terminate the contract pursuant to paragraph ~below, deposit
an additional $50;000 to be held as an earnest money deposit.
2. Condition. Purchaser shall satisfy himself as
to the condition of title to the Property on or before
October 10, 1980 and shall notify AIRS in writing on or
prior to that date as to whether title to the Property is
acceptable to Purchaser. If AIRS does not receive the notice
on or prior to October 10, 1980, the earnest money deposit
described above shall 'be returned to'Purchaser with interest
accrued and the parties shall have no further obligations
hereunder. If Purchaser notifies AIHS that title is satis-
factory on or prior to that date, it shall simultaneously
deposit with Seller, together with the $50,000 (and interest)
held by Interwest, an additional $50,000 in cash or certified
funds.
'. 3. Closing. The closing shall be on October 28,
1980 at a t~^~ place in Denver, Colorado designated by AIRS.
Possession~~~Property shall be delivered on closing date
by Bargain and Sale deed. Taxes and assessments shall be pro-
rated as of closing based upon the last known rate and assessed
value. Purchaser shall pay $1,000,000 in cash at closing
(including the deposit) subject to adjustment for proration
of taxes, and shall deliver a non recourse promissory note
, I
Mr. Alexander
September lS,
Page Two
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19S0
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in the amount of $250,000 secured by a first lien on the
Property. The note shall be payable April I, 19S~ and shall
bear interest at a rate of 12 percent per annum payable April 1,
19S'. The form of the note and trust deed shall be satisfactory
to Seller.
4.' Time of essence, default. Time is of the
essence of this agreement and if any payment or other condition
is not made or tendered as herein provided, the parties
shall have the following remedies.
(a) In the event of a default hereunder by the
Purchaser, then this contract shall be terminated and both
parties shall be released from anY obligations hereunder and
the deposit described above shall be retained by AIRS as
liquidated damages.
(b) If AIRS fails to perform any condition as
provided herein, then Purchaser may terminate this contract
whereupon all payments will be returned to Purcha~er or
Purchaser may sue AIRS for damages. Purchaser may not
specifically enfor,ce this contract. '
5. Brokers. Purchaser shall pay all real estate
commissions and AIRS shall have no liability therefor, except
for any broker specifically employed by AIRS.
6. Assignment. This agreement may be assigned
only to an entity in which Purchaser owns an interest.
7. Notices: Notices shall be in writing and shall
be personally delivered at the addresses set forth below.
S. Special condition. The Purchaser shall have the
right to terminate this Receipt and Option Contract with full
return of all earnest monies with interest earned in the event
that the Aspen City Council shall at its September 22, 19S0
meeting fail to approve a certain agreement to which the
Purchaser is a party.
ASPEN INSTITUTE FOR HUMANISTIC
STUDIES
Alexander E. Lipkin
By
c/o Holme Roberts & Owen
1700 Broadway, Suite ISOO
Denver, Colorado 80290
Received $50,000 this 18th day of
September, 1980 for delivery to and
retention by Interwest Realty as
above provided.
By
Robert W. HuahA~
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HOLME ROBERTS Be OWEN
ATTORNEYS AT LAW
DONALD C. McKINL.AY
1700 BROADWAY'
OENVER. COLORADO 80290
TELEPHONE (303) '851-7000
TELEX 45-4460
BRANCH OFFIce:
COLORADO SPRINGS. COLORADO
TELEPHONE (303) 473.3800
September 19, 1980
Robert W. Hughes, Esq.
Oates, Austin, McGrath & Jordan
600 East Hopkins Street
Aspen, Colorado 81611
Re: AIHS and Alexander E. Lipkin
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Dear Bob:
This will confirm the agreement with regard to
the first mortgage lien of $250,000 described in paragraph
3 of the letter agreement dated yesterday. AIHS will
permit that lien 'to be subordinated if in lieu of the non
recourse note Mr. Lipkin substitutes a note of the same
amount and terms executed by a person or entity satisfactory
to AIHS. Or alternatively, at Mr. Lipkin's election, AIHS
will consider substitute collateral for the first mortgage
lien, the substitute collateral to be satisfactory to AIHS.
Lastly as I stated, AIHS has taken the property
off the market pending the closing of this transaction or
Mr. Lipkin's termination of the contract under paragraphs
20r 8 thereof.
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AHENDHENT TO AGREE~lENT
The undersigned parties hereby amend their
September 18, 1980 letter agreement,as follows:
1., Since Purchaser has now been able to obtain
sufficient title information and finds the title to be
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acceptable to him, he hereby notifies AIRS of that fact and
affirms that there are no remaining contingencies to his
performance.
2. Paragraph 8 of the letter agreement has similarly
been satisfied and shall no longer be effective.
3. Purchaser shall cause Interwest Realty to
deliver to AIHS (c/o Holme Roberts & Otven) forthwith the
$~O,OOO September 18th first half of the agreement-deposit
together with any accrued interest.
4. On or before October 10, 1980 Purchaser shall
deliver to AIHS (c/o Holme Roberts & Owen) the additional
$50,000 as the. second half of the agreement-deposit.
5. The deed to be delivered at the Closing will
include the following in the description of the property
conveyed: "together with (1) any and all claims that AIHS
may have against Pitkin County, Colorado and/or its
comrnissioners as a resul:t::n;f, the ,bike path that the County
constructed on the Prop~'.i:,i:ana'::(2) any and all claims,
title and easements tbia:t::1l:I1l:S'C'ma:y:')have in, to or over what
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has been known as the Denver & Rio Grande Railroad right-of
way that adjoins the Property." !:.../ Also included will be
6. With regard to the first lien of $250,000
described in agreement paragraph 3, AIHS will, upon
Purchaser's request, (a) permit that lien to be subordinated
if in,lieu of the non-recourse note Purchaser substitutes a
recourse note of the same amount and terms executed by a
person or entity satisfactory to AIHS or, (b) alternatively,
at Purchaser's election, accept substitute collateral for
the first lien, provided the substitute collateral is
satisfactory to AIHS.
Dated September 23, 1980 and executed in ,separate
counterparts they to have the same force and effect as if
, signed by both parties on a single page.
ASPEN INSTITUTE FOR HU~ffiNISTIC
ST)JDIES
By
President
Purchaser
!:.../any property shown by the title ,company as being owned by the
Aspen Institute and in the immediate vicinity of the agreement
described property, all as has been set forth in that certain
letter dated October 2, 1980 from Donald McKinlay as general
counsel for the Institute, a copy of which is attached hereto and
incorporated by reference herein. '
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HOLME ROBERTS & OWEN
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ATTORNEYS AT LAW
1700 BROADWAY
DONALD C. MeKINLAY
OENVER:. COLORADO 80290
TELEPHONE (303) 8SI.7000
TELEX 4'-4460
BRANCH OFFICE
COLORADO SPRINGS. COLORAOO
TELEPHOI\iE (3?31 473':3800
October 2, 1980
"
Mr. Alexander E. Lipkin
c/o Robert W. Hughes, Esq.
600 East Hopkins Street
Aspen, Colorado 81611
Dear Mr. Lipkin:
This will confirm that in lie~ of a further
amendment to the letter agreement of September 18, 1980
between you and the Aspen Institute, at the closing the
Institute will pe~form as follows:
If the title company reports that the legal
description used in the September 18 agreement does not
appear to include all of the property that the title
company shows is owned by the Aspen Institute in the
immediate vicinity of the agreement-described property,
the Institute will execute and deliver a quit claim
deed to Mr. Lipkin or his nominee covering such additional
piece ~r pieces.
In the absence of Mr. Slater, President of the
Institute, I am authorized to make this written assurance
to.you.
DCM:jl
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LAW OFFICES
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OATES, AUSTI'N, MCGRATH & JORDAN
600 E:AST HOPKINS AVE:N UE
ASPEN, COLORADO 81611
~I..CONARO M. OATES
RONAL.D O. AUSTIN
oJ. NICHOLAS M<;GRATH. ,JR.
WIl..LIAl'f R. JORDAN m
ROBERT w. HUGHeS'
September 25, 1980
RICHARD A. KNEZEVICH
DE-BORAH OUI~N
Mr. Donald C. 'McKinlay
Holme Roberts & Owen
1700 Broadway ,
Denver, Colorado 80290
AREA COOE 303-
n:l.EPMONC 925-2500
Re: Sale of Aspen Institute for Humanistic Studies'
Property to Alexander E. Lipkin
Dear Don:
As you and I discussed this afternoon on the telephone,
and as was recently called to my attention by the title examiner
that, we have engaged, we unwittingly neglected to include in
Exhibit "An to the September 18, 1980 letter agreement for the
above-referenced transaction that portion of the property to be
conveyed known and described as Lot 7, Block 1, Pitkin Green
Subdivision. That 'property, as you know, is burdened with the
wells for Pitkin Green Subdivision. This then shall serve to
amend the parties' letter agreement, specifically Exhibit ftA"
thereto, to include as a part of the property to be conveyed
this above-described parcel. You have indicated that this will
be conveyed by quit claim deed.
I would appreciate your having Mr. Slater or another
representative of the Institute confirm this on the signature
line her~inbelow provided.
attention to this
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Sincere'ly,
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OATES,j Al!ST
By,' ;(j' t~
R9
Thank you for your
RWH:mcg
AGAL~~
Alexander E. Lipkin .
ASPEN INSTITUTE FOR HUMANISTIC STUDIES
By
matter.
& JORDAN
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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.
(Pleas. see attached page for full legal description)
Situated in the County of Pitkin, State of Colorado, appears to b. vested in
the name of
ASPEN MOUNTAIN PARK
and that the above described property appears to be subject to the following:
1. D.~ of Trust from Aspen Mountain Park to the Public Trustee of Pitkin
County, Colorado, for the us. 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 us. 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 r.-r.corded 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~record.d 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 r.-recorded April 2, 1979 in Book 365 at Page 792.
Please see attached Exhibit "A"
Searched subsequent to 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 w. 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 f.. charged hereunder.
BY~^~~ 'VV1 ~ Q
FEE $ 75.00
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Agreement for Amendment of Trust Deed between First National Bank of Aspen, i
Lender, Home Savings Association' of Penna. and Gold Mills, Inc., Participants, I
and Aspen Mountain Park, Borrower, recorded February 1, 1980, in Book 383 at ,
Page 64. I
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EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF 1/80-12-05
8.
9.
A Leas.
for Lot
658.
between Aspen Mountain Park, Lessor, and Aspen Mountain Park, Lessee,
1, Aspen Mountain Park, recorded August 3, 1979 in Book 373 at Page
10.
Assignment of Leas. 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.
(Pleas. see attached copies of all instruments)
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ATTACHED TO AND MADE ~ PART HEREOF #80-12-05
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LEGAL DESCRIPTION I
A tract of land situated in a portion of the East Aspen Townsite, Jhe
,
East one-half of the Southwest one-quarter and the West one-half o. the
Southeast one-quarter of Section 7, Township 10 South, Range 84 w.dt of
the 6th P.M., described as follows: I
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BEGINNING at Corner No. 10 of the East Aspen Townsite; I
thence North 54052'17" to/est 58.10 feet to Corner No. II of said Easlt
Aspen Tpwnsite; I
thence N'orth 66011'00" West 142.33 feet;
thence North 05010'42" West 114.35 feet to Corner No. 16 of said East
Aspen Townsite;
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 described
in Book 205 at Page 579, Pitkin County records; - r
thence North 45012'59" West 128.83 to Corner No. 24 of said East As en
Townsite along a portion of said Northerly boundary;
,
thence North 24005'24" East 139.28 feet; i
thence North 37011'41" East 20.25 feet; 'I
thence South 44035'50" East 12.15 feet;
thence North 29003'05" East 102.32 feet along an existing fence and'
extension thereof; I
the n c e- Sou t h 4. 08 fee t ; I
thence North 37011'41" East 154.57 feet; I
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thence North 78025'15" East 77.68 fect; I
thence North 89057'10" East 303.99 along boundary line described inl
Book 280 at Page 827 and re-recorded in Book 280 at Page 965 Pitkid
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County records; I
thence South 630L,4' 45" East 168.08 feet along said boundary line; I
thence South Bl023'42" East 183.42 feet along said boundary line;
thence ,South 89025'L,2" Eas,t 98.00 feet along said boundary line; I
thence South 5403L,'55" East 6L,.87 feet along said boundary line; I
thence South 52047'48" \o/est 188.36 feet to Corner No.5 of said Easq
Aspen Townsite; I
thence Sou th 34055' 18" \o/es t 760.18 fee t to I
The Point of Beginning. I
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Pitkin County, Colorado. I
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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 - Progress Chart Release Schedule
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A tract of land 8i~uated ina portion of the East Aspen Townsite, the
East one-half of the Southwest one-quarter and the Vest onc-half of t~Q
Southesst'one-quarter of Section 7, Township 10 South, Range 84 Vest' f
the 6th P:M.... def!lcr~b:~ ars followlH.
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BEGINNING at Corner No. 10 of the East Aspen Townsite;
thence North 54.52'17" Vest 58.10 feet to Corner No. 11 of said East
Aspen Tovnsite.
thence North 66.11'00"
thence:North 05016'42~
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Aspen .To....nsite; ., .. .'
thence North 44029'22" West 312.67 feet to Corner No.
Aspen To....nsite along the Northerly boundary, of parcel
in Book 2'05 at Page 579. Pitkin County records; _
thence North 45.12'59" West 128.83,to 'Corner No. 24 of
Townsite along a portion of said Northerly boundary.
thence Noith 24"05'24" East 139.28 feet;
thence North 37"11'41" East 20.25 feet;
thence South 44035'50" 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.aloog boundary lioe described in
Book 280 at Page 827 and re-recorded in Book 280 at Page 965, Pitkin
County recprds;. .
thence South 63"44'45" ~ast 168.08 feet
th~nce South 81"23'42" East 183.42 feet
thence South 89"25'42" East 98.00 feet
thence,South 54"34'55" East 64.87 feet
thence South 52047'48" West 188~36'feet
Aspen Toynsit.e;
thence South,34"55'lB" West 760.18 feet to
The Point of Beginning.
West l42.33"feet;.
West 114.35 feet to Corner No. 16 of said
25
of
East I
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of said Eas t 'I
land described
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said East Aspenl
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along said boundary line.
along sa~d boundary line;
along said boundary ,line;
along said boundary line.
to Corner No. 5 of said East
Pitkin County. Colorado.
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BOUNDARY DE~CRIPTION
A tract of land being part of the SW-l/4 of the SE-l/4 and Lot II
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,
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 i
Township 10 South, Range 85 West of the Sixth Principal Meridi~n,
said tract is more fully described as follows: I
Beginning at a point on the Northeasterly right of way line of I
the Denver and Rio Grande Western Railroad whence the northeastl
corner of said Section 12, a brass cap, bears N 70025'07" E I
1636.50 feet; Thence along said right-of-way line the fOllOwingl
courses and distances:
SS6010'OO"E 265.52 feet; I
~80.53 feet along the arc of a,curve to the I
left having a radius of S23.69 feet;
N82012'OO"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; Thence along said
boundary the following courses and distances:
N89004'OO"W 198.30 feet;
S40029'OO''W 59.20 feet;
S81012'OO''W 113.20 feet;
S650S1'OO"W 23.76 feet to the intersection with the
northerly boundary of the Second Aspen Company SUbdivision;1
Thence along said northerly boundary and along the westerly
. boundary of said subdivision the following courses and I
distances: ,
, S82017'OO"W 242.94 feet;
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N84018'OO"W 180.76 feet; !
S00026'5S"E to the centerline of the Roaring Fork I
River; I
Thence along the centerline of the Roaring Fork River to a I
point at the confluence of the Roaring Fork I
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'OO"W lSO.33 feet;
N37028'OO"W 66.23 feet;
N4504I'OO"W 79.88 feet;
NSIOOO'OO"W 76.10 feet;
N62023'OO"W 82.10 feet;
Thence departing from said centerline
213.52 feet to the most westerly
Pitkin ,Green Subdivision;, Thence
N4301I'OO"E
corner of Lot
southeasterly
4,
along the
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southwesterly lines of Lots 4, 5, 6, 7, 9 and 10, Block 1,
Pitkin Green Subdivision, said lines being 10 feet from
and parallel to the northeasterly right-of-way line of th
Denver and Rio Grande Weste.:::-n Railroad, the following
courses and distances:
52.21 feet along the arc of a curve to the
right having a radius of 1015.37 teet and
whose chord bears S46041'23"E 52.20 feet;
S45013'OO"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'OO"E 14.44 feet to the easterly line
of said Lot 10;
Thenci along said easterly line N36009'00"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:
S61014'OO"E 135.43 feet;
S88050'OO"E 162.41 feet;
Thence S35052'OO"E 159.49 feet;
Thence S43012'OO"E 209.77 feet;
Thence S39004'OO"E 144.45 feet;
Thence S58000'OO"E 165.01 feet;
Thence S50000'OO"E 131.64 feet;
Thence S33010'OO"W 191.72 feet to the point of beginning;
Excepting therefrom that portion lying within the right of way
o~ the Denver and Rio Grande Western Railroad.
County of Pitkin, State of Colorado.
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APPLICATION FOR DISCONNECTION OF TERRITORY
FROM THE CITY OF ASPEN
The undersigned applicant, being the landowner within
the exterior boundary of the territory des.cribed 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
the City of Aspen for the enacement of an ordinance disconnect-
ing the property above-described from the City of Aspen.
DATED: relru~(j J~ (9 r-I
ASPEN MOUNTAIN PARK, a Colorado
, general partnership
By 'jL~ lb-;f/~<-__
Alexander E. Lipkin, general
partner
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A PARCEL OF L.~D SITUATED IN THE SOUTH 1/2 'OF
SECTION 7, TOlv"NSHIPl.O SOUTH, RANGE 84 I~EST CF THE
6TH P. M., PITKIN COUNTY I COLORADO, BEING ~lORE FULLY
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT I';HENCE
CORJ\lER NO. 5 OF TRACT A, ASPEN TOh'NSITE 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 I CONTAINING 0.436 ACRES I MORE OR LESS. <
EXHIBIT "A"
TO
APPLICATION FOR DISCONNECTION
(ASPEN MOUNTAIN~~ARK, APPLICANT)
Dated: rt.h~ {~ (I{ N
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Site Tabulations (By Parcel)
Total Acreage - 11.8
Parcel A
Acreage ,- 9. t3S
Proposed Zoning - Mobile Home Park
Number of Units - 87 Mobil~ Homes, 1 Laundry/meeting room
Leasehold spaces - 5.929 acres
Rights of Way/Easements - 2.a05 acres
Common Space - 1.010 acres
Parking - 2 spaces per lot
56 additional guest/RV parking spaces
Parcel B
Acreage ~ .356 acres
Proposed Zoning - R-15, single family residential
Number of Un'its - I residence
Structure - Single story fram~ victorian
Building Coverage - 1,200 square feet
Easements .08~ ~cres
Parking - 2 spaces
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Parcel C
Acreage - 1.912 acres
Proposed Zoning - Mobile Home Park
Number of Units ~ 17 mobile homes
Leasehold Spaces - 1.368 acres
Rights'of Way/Easements - .536 acres
Common Space - Non.
Parking - 2 spaces per unit
5 guest spaces
Parcel D
(to be deeded to Pitkin County)
Acreage - .402 acres
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EXHIBIT "c"
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ABATEMENT SCHEDULE
THIS SCHEDULE shall govern the abatement of the non-
conform:j.ties of the presently existing improvements in '.,
Smuggler Trailer Park, also known as Aspen Mountain Park.
1. NO~-CONFO~lING IMPROVEMENTS: 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 Home 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.
BJ 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.
CJ 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.
DJ 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.
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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.
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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 relocating 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-
r,'
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,.-..
Smuggler Mobil. Home Park
Improvements Schedule - Existing Units (Parcel A)
. ITEM/PRELIMINARY PRICE ESTIMATE PER UNIT TOTAL
I. Sewer Improvements
1. P~lyvinyl Chloride Sewer Pip. (Mainl
includes Furnishing:
al
8- Pipeline, 8 feet to 10 feet
depth of cut, 1,822 LF @$24/LF
$36,440.00
bl
8" Piplin., 10 feet to 12 feet
depth of cut, 350 LF @$24/LF
8,400.00
2. Manholes
Standard, includes furnishin gs:
al Standard M.H. 8 feet to 10 feet
in depth 8 ea. @$l,OOO/.a."
bl Standard M.H. 10 feet to 12 feet
in depth 2 ea. @$1,200/ea.
8,000.00
.
'2,400.00
3. Sewer Service Connections to Main Line
includes furnishings:
8" to 4" PVC-"Y" 89 ea at $60
5,340.00
4. Sewer Service connections to Trailers
NOTE: Allowance only - this is considered
adequate for required plumber "Hook-up"
to trailer. Work to be don. is from property
line to trailer sewer outlet.
89 @$I),OOO
89,000.00
5. Sewer Service Pipelines
NOTE: Work to be don. up to but not past
trailer lot property line.
4" PVC, 2,500 LF .$l7/LF
42,500.00
6.
Imported Back Fill (if requiredl
Includes:
Road Base/Sand, 400 cu.Yds. at
$lB/Cu.Yd.
7,200.'00
F-l
~,
--,
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 @$35,0
1,750.00
9. Connection of New Main Line to Existing
Manholes No. S-8
Standard OTOO, Line-A, I @$550
550.00
Sub Total
$148,740.00
10.
Supervision - 10%
14,874.00
lI.
Contractor Overhead/profi~ 10%
14,874.00
12.
Contingency - Change Orders
11,512.00
TOTAL
$190,000.00
II. Gas Improvements
1. C&W Mainline, 2" Pip.
350 feet @$3/LF
1,100.00
2. Regular 2" Pipe (Mainsl
(PE) 400 feet @$1.50/LF
600.00
3. Regular l~" Pipe (Mains 1
[PEl 2,500 feet @$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
-
t*'
5. Skilled & Unskilled Labor $10,000.00
6. Equipmeut 2,000.00
7. Contractor Overhead, Profit, Supervi-'
s i on 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 Crossl
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 sit. material
suitable for sanding at approximately
$20/Cu.Yd. in place, Labor & Equip.
3.
Contingency
1,025.00
TOTAL $ 146,000.00
NOTE: Contractb~ Profit, Overhead Supervision included
fn 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, backfil1ingl.
225 LF 6" DIP @$25/LF
5,625.00
1-8" x 6" TEE @$250/ea.
250.00
1-6~Va1ve & Box at $ SOO/ea.
500.00
F-3
r".
-
I-Hydrant @$1,500/ea
1,500.00
TOTAL
$ 7,875.00
2. ,Sewer & Water Line Crossing
,230 @$350/ea. (optionall
700.00
3. Water Service Connections to Laundry
(1 @$1,500l
Units 28, 40, 43, 58, 78, 84
($l,OOO/ea.l
'.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 Cityl
ITEM/UNIT PRICE
TOTAL
1. Water Main (12", paid at 8" rat.l,
2 Fire Hydrants
8" DIP, 510 LF @$17/LF $ 8,670.00
6" DIP, 108 LF @$14.50/LF 1,856.00
8" MJ'GV + VB, 3 @$560 1,680.00
I at Tap, I at Tee, I on Tee
8" 45" Bend @$200 200.00
8" x 8" Tee @$300 300.00
6" ~V + VB 2 @$420 840.00
6" Fire Hydrant, Drainand Kickblock,
2 @$1,250 2,500.00
B" x 6" Tee & KB, 2 @$300 600.00
8" MJ x FLG Tee, 1 @$300 300.00
8" MJ CI Plug + KB, 1 @$150 150.00
Compensation, 8" Tie-in @$2,200 2,200.00
Compensation, Plug + abandon 4" line
@$515 515.00
Furnish + Install Class 6 Base course,
1,070 tons @$6.90 7,390.00
,
i
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,
I
,
I
I
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I
I
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TOTAL
$27,201.00
F-4
".....,
-
,V. Rough Grading & Finish Grading for Roads & parking
1. Rough grading of approximately 30 feet
between property 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
grade for approximately
$7,650.00
2. Finish Grading of Approximately
30 feet width, as above.
2,550,LF @$2/LF
TOTAL
5,100.00
1,275.00
$14,025.00
3.
Contractor Overhead & Profit
VI. Miscellaneous Wo~k
.
I.
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, i:hhrs/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 19B1l
12,500.00
6.
Landscaping (Trees, Sodl
2,500.00
TOTAL
$27,760.00
F-S
1
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i
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,
1
/"'"'.
.-"
I
VIJ Storm Drainage~/
I. Allowance for: Approx. 620'
PVC Pip., varying diameter
(12-15-18"), 6 grated inlets.
Plugged until naster arainage
system is available. Bedded
2-3' deep,.
$34,000.00
TOTAL CONSTRUCTION
$488,461.00
.
--.,
~ With respect to storm dra~nage, further detail 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
,--
".....,
,-.,
Smuggler Mobile Home Park
Improvements Schedule - New Units (Parcel Cl
Item/Preliminary Price Estimate
I. Sewer Improvements
I. PVC Sewer Pip. (Main)
8" Pipeline, 8 to 10 feet
depth of cut, 545 LF @$24/LF
$13,080.00
2. Manholes
Standard MH, 8 to 10 feet in
depth, 3 @$l,OOO/ea.
3,000.00
3. Sewer Service Connections to Main
line
81t to 4" PVC-"Y",
17 @$60/.a.
1',020.00_'
4. Sewer Service Connections to Trailers
(estimated at $1,000 ea for plumber
hook-ups - 17 unitsl
17,000.00
5.
Sewer Service Pipelines;
trailer property line.
to
4" PVC, 475 LF @$17/ea.
8,075.00
6.. Imported Back Fill (Road Base,
Sandl
80 Cu. Yds. @$18/Cu. Yd.
1,440.00
SUB TOTAL
$43,615.00
7. Supervision - 10%
4,361.00
B. Contractor Overhead - 10%
4,361.00
9. Contingency
3,000.00
TOTAL
$55,337.00
F-7
,~
II. Gas Improvements
1. Regular 2" Pip. (Mainsl
(PEl - 520 feet @$1.50/LF
2. Se~vice lines to Trailers
17 @$lOO/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 & Insta~l
8" M.J. Gate Valve & Box
u__. ~_
- .'--"...'...
p...,8
~
$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
f"""'"
3 .
Fir. Hydrant, Dzain to Kickblock
@$1,250
~',,:<~ .'
"
~.8',~": X .-'6.~'! I.T,e.,e_ .c'l..nd KB @$300
,6" GV+ VB@$420
8" GV + VB @$560
4..~ 'E.ll.rniB'h .':&. Tnstall
8" C.I., M.J. Tee & K.B.,
a" x 8"
5. Furnish & Install
17 Service Latterals, Not to
".:<in.cJ.ude'PIL:(.Tap F.esl
" "',.,$'l'.,,O.o.,O',',:eai'h :t,O Property Line
" : .;',";: \.' : ,,: '~'. . ~ ,..:;.~'.' '.
"
6. Miscellaneo'u,s'u8.. M.J. Bends & K.B. 's
.
......
3-45. angle C.I. @$200/ea.
3-22~~ ~ngle C.I. @$200/ea.
3-11~ ':.;'~ps:le C. I. @$200/ea.
1..,a...;,11;'J':C.I. Plug & K.B. @$150
7'~
...." .....,. c, ',,',_ .
Al1ow'arice'''tb connect 17
Plumber to Trailer from
3/4" Services
Property Line
"
-'YI',
17 @$850/ea.
SUB TOTAL
-
1,500.00
300.00
420.00
560.00
$350.00
17,000.00
1,950,00
14,450.00
$52,012.50
,
, '
!
,8 ,."Contin,g..e:m:::i'.(Ihcluding possible ,sand beddingl 4,923.50
9. Possible Sewer Crossings
3, @$350/ea.
TOTAL
....,..
.- ,'. >."
".',.'
."
.,',
.. ~. .
F'-9
1,050.00
$57,985.50
,"'"-
,.-,
,~
..'
v. Grading/Drainag./paving*/
I. Rough Grading of Benches for Trailers
and Road ROW
Cut, Fill, Balance grad. for approx.
l,OOO cubic yards @$3/cu.yd.
$3,000.00
2. Finish Grading of,approx. 700 LF
'@$2/LF
l,400.00
3. Paving, 2 inches asphalt over
8 inches suitable, Compacted base,
to 24 feet width average,: for 700 LF
1,867 Sq.yds. @$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
Draina.ge sys tem. l2 , (JOO. 00
5. Contractor Overhead, Profit,
Supervision and Contingency 5,680.00
TOTAL
$43,550.00
TOTAL CONSTRUCTION
$ 187,907.50
:I See note at page F-6, ante.
:
F-IO
".....,
,~
Smuggler Mobile Home Park (Existing unitsl
utilities Maintenance Responsibility
ITEM
RESPONSIBILITY
Sewer
Al 8" Main, Manholes - Aspen Metro Sanitation District
B) Serv~ce Connections - "T" at mairi to individual lot lines -
Smuggler Co-op
cl Service Connections - Lot line to Trailer - Individual Owner
Gas
Al 2" & l~" Main, and service lines to ga. meter - Rocky Mountain
Natural Gas
Bl Gas Meter to Trailer - Individual Owner
Electric
A) Overhead main lines through pole transformer - Holy Cross
Electric
Bl Distribution line from transformBr through disconnect -
Smuggler Co-op
Cl Distribution line from disconnect to trailer - Individual
Owner (Note: Meters may be,plac.d on poles or on indivi-
dual trailer pedestals, . based on F inal.oesignl.
Water
Al lZ" Main, valves, fire hydrants - Aspen Water Department
Bl 2" Distribution l~nes - Smuggler Co-op
cl Service lines to trailers - Individual Owners
Roads
Maintenance, plowing, etc. - Smuggler Co-op
F-ll
I.
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I
SMUGGLER HOBILE Emili PARK
'~.O~TS COST ALLOCATION ~
SHARED"'/
COOP
AMP
TOTAL
SEWER
Me in, All Service $179,445
Lines (except as
follows):
Service Lines $ 4,222
(U43, U58)
S ervic e Lines $ 6,333
(fJ74, #84,
Laundry)
TOTAL . $179,445 $ 4,222 $ 6,333 $190,000
GAS
Me in, All Service 28,330 ---
Lines ( except as
follows):
Service Lines -
(U43, 1158) 668
'Service Lines 1,002 .'
(U74, 1184,
, Laundry)
TOTAL $ 28,330 $ 668 $ 1,002 $ 30,000
ELECTRIC
New Service Lines 137,705
(except as
follows),:
Service Lines -
(U43, /158) 3,318
Service Lines 4,977
(fJ74, 1184,
Laundry)
TOTAL $137,705 $ 3,318 $ 4,977 , $146,00O
I_____,~ ___
I
a ratio I
respectively~
,
I
i
i
-~/Pursuant 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
. IMPRQVE!1ENTS COST ALLOCATION (continued)
Page Two r-, ,~
,
SHARED COOP AMP TOTAL
WATER ,
New Main, Fire $ 41,176 -- --- ---
Hydrartt, Service I
Lines (except as
follows) : I
I
Service Lines - , --- 2,000 --- --- I
(#43; #58) I
I
Service Lines - --- --- 3,500 --- I
(#74, #84, ,
Laundry)
TOTAL $ 4a;;if6 ' $ 2,000 $ 3,500 $ 46,676'
DRAINAGE
Underground 34',000 --- --- ---
Storm Sewage . .
System
TOTAL $' 34',000 --- --- $ 34,000
MISCELLANEOUS
Pad Removal - ,
(128, 1140 400 --- --- --
843, 1158 --- 400 --- ---
fl74, 1184 . --- --- 400 --- I
I
TOTAL $ 400 $ 400 $ 400 $ 1,200
New Pads - ,
1128, 1140 3,387 --- --- --- I
(143, 1158 --- 3,386 --- --- I
#74, #84 --- --- 3,387 ---
I
TOTAL $ 3,387 $3 ,386 $ 3,387 " $ 10 ,1.60 I
,
Asphalt 12,500 --- -- --
Removal --- --- --- ---
,
, I
TOTAL '$ 12,500 --- , -- $ 1.2,500
,
Cleanup/Trash , ,1,400 ' --- --- . -
Removal ,
TOTAL $ , 1,460 --- --- $ 'I ,406
,
.
F-13
--
IMPROV}~jENTS COST ALLOCATION (continued)
Page Three f"""',
,--
,
I I
" \
SHARED COOP AMP TOTAL
,
New Laundry/ Cost to be
M..t4>g Room Determined
ROUGH/FINISH $ 1.4,025' , --- --- --- I
GRADING - I
ROADS, ENTRANCES, , I
PARKING I
I
TOTAL $ 14,025 --- --- $ 11l,,025 I
I
LANDSCAPING I
Entrances/ I
2,500 --- -- ---
Property
L4>es
....
TOTAL 2,500 :2,500 ..
--- ---
. . ,
GRAND TOTAL $454 ,868 ' $13,994 $19,599 $488 ,461
F-14
The Durant Moll 710 East Durant Street Aspen. Colorado 81611 USA 303/925-2772
~0
,r-
'-'
February 5, 1982
~,~~,~,~f;D TO: Jay Hammond, Aspen Engineering Department
tJtjijJ FROM: John Hawki ns
In~nN9~ RE: Smuggler Drainage System:
Attached please find two memos:' from Jim Flood, Wright-McGlaughlin Engineers,
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 i on, with the Ci ty and Wri ght-~lcGl augh 1 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 connection. 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.
,-.
-
Mr. Jay Hammond
February 5, 1982
Page Two
New Un its
- 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.
.
.
:,""
""4'elt 51.!~"'l'Y 4ND DISTRIBUTION
w""[R AND SfWA,Ca 'Rl"""'I[NT
I.tWA"[ .COLlrCT'O.... .......D REUSE
5H)"'M O......,"'...GI;"
fllll( ~"'OTtCTtON
"lOOD (:ON,."OI.-
OlHUI W"TU~'OR!ENTED PRO.,JECTS
/""";
WRIGHT-MCLAUGHLIN ENGINEERS
ENGINEERING CONSULTANTS ...
CO"'~I..ETt: (NGoI....rEI'lINGo loelOVlct:S
-. .'" TN["S"l.C.'''L.TY FI(LDS OF
2"20. A.LCOTt 5'1'I[[T
DeNvER. COLO""OO &0.211
1303. "15&.6201
ASPEN
,.-,
Pl'ON"I..D C MetA (lHll!,
"'E""""ETH 1'1 Will' l.l'
HALFOIIID E UI'IC ..t>",
t10UGl..AS T !>OV[ N
W'I..Ll4"'1 C T4CoG 1'1'
DAVID .J. Love
ROAERT I. C"Rl..l.
AO.......I..D p, ClONl 0.1'"
.JAMes ft, 1'1.000
JOHN T, MCLANE
GENE A. ElvR~[1.1..
WIL.LlAM k K[""Ol..L
MICHAEL. E, MERC '"
JOH""~~.AUM
JIMMIE D, WHI,.,', 1.0
RoeERT A. f"ERGU10N
J. HAROI..O ROfl;!;R II>
.,JACK W. STEINM[ [Ill
LEA.NDER L. URMY
I
November 24, 1981
Mr. John Hawkins
Interwest Realty
710 E. Durant St.
Aspen, CO B 1611"
RE: Aspen Mountain Park Drainage
Facil Hi es
'Dear r~r. 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 CONDITIONS'l
.
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
~p~. '
This analysis is summarized as follows for the 240 acre drainage basin.
Two year frequency peak discharge (Q2 yr)
Two year frequency volume (V2 yr)
One hundred year frequency peak diSCharge
(Q 100)
One hundred year frequency volume (V 100)
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.
=9.6 cfs (cubic ft./sec.)
=1.3 A.F. (Acre feet)
=123 cfs
=11 A.F.
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 fot master
drainage facilities increases. Drainage from tributary areas may be inter-
cepted by a master drainage system sized for a one-hundred year eVent.
BRANCH OFFICES
ASPEN
01)9 VEN1 NO~ AVfNUE
ASPEN. COLORADOB1611
DIllON lAKE
DRAWER B
FRISCO. CPlORADO so.u3
GlENWOOD SPRINGS
p 0 oox 219
GlE"NWOOO St'RtNGS
COlORADO al601. .
sn:AI.A'BOAT SPRINGS
PO BOx: 5220
ST(AMOOAT Vll.LA.GE.
COlOHADO 80499
CHEYfNNE
3130 H(NDERSONDRlvt
CHEYENNE.. WYO'.4ING B.?OOl
John Hawkins
Aspen Mountain Park
-
-
.
Page 2
November 24, 1981
As the Park constitutes a small fraction of a much larger drainage basin
which drains uncontro1kd through the Park, the drainage situation cannot
be significantly improved without master drainage improvements that would
benefit the entire Sumgg1er 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 properties on Oklahoma Flats, as it
has historically: '.
As drainage has historically been uncontrolled as it passes through the,
existing Park the conclusion, 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. Aratfonal method calculation for the 17 new units
reveals tpat additional runoff above historic would require 720 cubic
feet of detention storage volume for a two year frequency storm. ..
RECOMMENDATIONS:
The Aspen Mountain Park Homeowners 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 minina1
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.
I
I'
I
I
I
I
1
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
BO, - B ~/~
J~100d
JBF!kgs
7-20.79X
..', . ~-i-
'WRIGHT-McLAUGHLIN ENGINEERS
2.!20 ALCOTT anU:CT
Dl!:NVl'.R. CO.L.OI\A.OO &0211
""'"'I
"'''N'''\.D C MC\.A.UOJl.llooi
KI:N~CTM " WIIlIOH'\'
H"\.'OItO l. ("'IC..... I'f
DOUOL.A. T, ~OV(IOI""
WIL.\..lA1oo4 C. ,....00..""
DAVID J. LOVI:
ftO.UIIT 1.., C:A.~l.I:Y
"010;"'1..0. CLONINg lit
J"''''ll!:~ a. '1.000
JO"'l". T. MCL...Nl!:
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WIU.IA"'l 1'1:, KENO..L.l,.
MICH"'EI.. 1[, MltllClI:lIl
JO"'l~L"'UM
JI"'lMIE: D. .....HITP"IC\,
"ODIE"'T .... ,.'B'lOUO:O
J. H"'ROLD ROIIEI'I'\'.
JACK w. &TI!'NMC:YlI:.l
LI!:"'NOIrIt L. tJII"MY
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WA.Tl:'1" ;;~I~~l'" AIiD DI<>Y"I"UTIO".
'w~:r~", .0.""0 S(W"'O[ TJIIEA.T"tENT
: Il"WAG.i: COLLECTION "'NO REUSE
, ST'Ol-lM O",,,IN"'CI:
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"l.000 CONYHOl.
i (HHICR WAT[llI.OAICI"lY.ED ~RO.II;CTS
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ENGINEERING CONSULTANTS
I~03) 4~(Il'0201
ASPEN
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November, 16, 1981
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Mr. John Hawk-ins '"
.lnterwest ,Rea1..tv
",1-10 ,I .. .' Dur-at:, t. _.st"..
Aspen, CO 81511
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RE: Aspen Mountain Park Drainage
Fa'cil ities
, Dear ,John,
, ' ',' ",C.," "<;},' '
',."'..,,,''''Jtt;,~JJlJr'TequEst'',~le,wi:sh;.to offer the following review of the drain-
a9~ situation for the Aspen'}JpUI!.t~3:i n 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:f}C)','! crossing the road and flowing to" the Oklahoma
.Fliits-a:r::en~' ,""''-',
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.}~tprese1lt the:'E" :~ex.;'Sts no drainage collecti on facil ities 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. We anti~
:,cipGte that master drainage improvement designed to accept drainage flows
f.",G')ry the er:tiH: S;;:Jggler Mountain planning area will be constructed in the
'"..,near ,future., However,since the master facilities are not in place, it is
",", ,c,net:essary to resolveth-eAspen Mountain Park drainage problems bY'/Tl2ans of
an interim solution which, can be readily converted ,to a permanent solution
when the master faCilities are in place.
We are recoTlTTlending 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
PHkin County Land Use ReglJl~tion.
.' ,,\ "'.;.'.>;'.,,":
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InHially drainage: wili be allowed to infiltrate the ground water
following treatment ,i,\l,a cour~ei'ock filter drywell. The drywells would
cllesllff:idently' deep-as to pro'./) de 8 feet of penetrati on into all uvi a 1 '
deposits which underlay the site., The drywells are to be ,filled with <.!
washed rock, to a depth of fiv'e,.,fe!2;:E below ground surface. At such ti/Tl2 as
a master drain is ava:.7able coricl-6te .inverts may be' bui.lt above the rock
fill and the storm drain activated.
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BRANCH OFFICES
ASPEN
0139 VENlNOA ....VENUE
ASPfN.COLORADQ fllS11
DILLON LAKE
DRAWER 0
FRISCO, COLOR.WQ 804.t3
GlENWOOD SPRINGS
P. 0, BOX 219
GLENWOOD SPRINGS
COlOkADOS1601 .
ST'EAMBOAT. SPRINGS~
P. Q, BOX S220
STF.Al.400A.r VILLAGE.
exxORADO 00<l~
OiE'YENN(
3130 HENDERSON DR!V(
CHEYENNE., WYOMING 8..."'00,
.~
" .....;
01
, 1""\
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Mr. John Hawkins
Aspen Mountain Park Drainage
,,,,",,,,,
Page 2
November 16, 1981
Drywel1 drain systems do have potential for the contamination of "
ground water, and are subject to plugging 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 temporarYdrywell structu'res are not of suff.+
'icient size to handle two year frequency design ,storms, but will provide
partial runoff mitigation with overflows routed to Gibson Avenue as has
hi stori cally has been: the case. "
Attached is a cost estimate for the proposed facilities.'
If you have questions, please do not hesitateto call. _
JBFjkgs
Sincerely,
WRIGHT-McLAUGHLIN ENIGNEERS
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ASPEN MOUNTAIN PARK
Cost Estimate for
Drainage Facilities
,/
1. Seepage pi tfor underdrai ns and s'urface '
drainage,fr'Oiii add:itionunits
~'~:_,. 'J", -r'::'::':;'';'':-' .' . . ".
2. Drywe11s ;"ff'at',..$2}500.00
.
3. Storm drain pipe - , '
120 ~ L.F. 18 inch pipe
200 t l.L15';!hchp'ip~
350" LL 12mchp'q::!8
..".......,-..
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SUBTOTAL
Contingency fund for 1egal"engineering~
ek.,
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,,',' '. 'ESTIMATED PROJECT BUDGET
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, $10 ,000. 00
1 0 ,{lOO :60
4,200.00
5,60':',00
7,00:1.00
$ 36,800.00
9,200.00
$ 46,000.00
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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~
I. Ti3ely approval of the Final Plat.
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This schedule is contingent upon:
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2. Completion in an expeditious manner of the
bidding, contractor selection, ind impl.menta~ion phases to
meet the date!y indicated. '
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 b. coordinated with the residential
development/relocations in each phase.
,
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EXIIIBIT II
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SMUGGLER MOBILE HOME PARK
IMPROVEY~NTS 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
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