Loading...
HomeMy WebLinkAboutcoa.lu.pu.Cottonwood Park 700 E Main. MEMORANDUM To: Jim From: Chuck Off_ Date: June 25, 1990 Re: Cottonwood Park (700 East Main) PUD Would you please write a letter which is addressed to Stan Mathis and John Elmore which responds to the attached memo from the city attorney? This needs to be done as soon as possible. I have attached the file which I checked out from the clerk' s office in order to see Exhibits A and B. Please make copies as necessary for our records and return file to clerk, crossing out my name. I would like to see your letter before it goes out. memo_90. 107 CITY . ! %; PEN t `rw 454 130 a9 ? , Iplreet aspen;$ 1611 A 344,-( 4410 I. 4 v,t: z ICE 1 o lggp ..�. c't; MEMORANDUM iMQ.01. DATE: June 20, 1990 TO: Bob Gish, Director Public Works F r1 FROM: Jed Caswall,� City Attorney \^ , _/ RE: 700 East Main PUD Project The above-noted construction project seems to be in a state of confusion with the developer proceeding absent proper permits or the payment of required fees. I talked to the architect and developer yesterday (Stan Mathis and John Elmore, respectively) and one excuse they may have for the present state of affairs is the failure on the City' s part to adequately communicate to them what it is that the City wants them to do regarding certain aspects of the PUD agreement. They claim they cannot get suffi- cient information or direction regarding various public improve- ments they are to make, e.g. , sidewalks and sewer lines. Would you do me the favor of reviewing paragraphs 3e, 5, 6, 7 and 8 of the attached agreement and determine what we have done or should do to facilitate the proper execution of same. I do not care to give developers grounds to say that their progress toward compliance with certain PUD obligations is being held up by the City. Please advise. Thank you. EMC/mc Attachment cc: Gary Lyman Crfucg PC-cot-cc h-thtice f cc( /VtoaA -�A LaICS Kirk X72/ z — c-„n =E — z< nJ A -4> OOF 0j1 p)ME 4 - mn CO om CO 3 r P.U.D. AND SUBDIVISION AGREEMENT FOR COTTONWO PAF (700 EAST MAIN STREET)) THIS AGREEMENT is made this ';l day of , 1989, between JOHN A. ELMORE II and LIONEL YOW (the " ners") , and THE CITY OF ASPEN, a municipal corporation (the "City") . RECITALS WHEREAS, Owners own that certain real property located in the City of Aspen, County of Pitkin legally described as: A parcel of land situated in the SE', SW', of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09' 11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59° 18'00" E 56. 37 feet; Thence S 50° 14 ' 11" E 118 . 32 feet; Thence S 52 °57'39" W 47. 02 feet; Thence S 49 °58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14 °50'49" W 100. 00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75°09'11" W 2 . 31 feet along the South line of said Block 21; Thence 62 . 88 feet along a curve to the right having a radius of 868 . 51 feet (the chord of which bears S 10°18'25" E 62 . 87 feet) ; Thence 145. 72 feet along a curve to the left having a radius of 176. 18 feet (the chord of which bears N 51°27 '27" W 141. 60 feet) ; Thence N 75 ° 09 ' 11" W 164 . 75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14 °50'49" E 220. 00 feet along the West line of said Block 21 to the point of beginning. and; WHEREAS, Owners' predecessors in title, Dorothy M. Mikkelsen, Ardith Louise Ware, Alice Gallegos Mikkelsen and Albert W. Bevan, Jr. entered into a P.U.D and Subdivision Agreement for 700 East Main Street with the City dated December 19, 1988 , for the development of a residential project (the "Original Project") ; and WHEREAS, the Owners received a recommendation for approval of an amendment to the Original Project's Growth Management Quota System allocation, Planned Unit Development and Subdivision approvals from the Aspen Planning and Zoning Commission on May BOOK 594 PaGE942, 30, 1989 and is scheduled to have such amendment reviewed by the Aspen City Council on June 12 , 1989 (hereinafter such amendment to the Original Project shall be referred to as the "Project") ; and WHEREAS, the City and the Owners wish to enter into a new P.U. D. and Subdivision Agreement for the Project which will supercede the Agreement for the Original Project; and WHEREAS, the Owners have submitted to the City for approval, execution and recordation a plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code") and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owners and the Owners' successors and assigns; and WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT 1. Description of Project. The Project consists of 12 free-market residential living units consisting of nine three- bedroom units (Units 1-9) and three four-bedroom units (Units 10- 12) . In addition, the Project will consist of three employee dwelling units deed restricted to Housing Authority guidelines and 5 accessory caretaker units attached to Units 6, 7 , 9, 10 and 11. Further, underground parking will be constructed for 50 cars. 2 . Acceptance of Plat. Upon execution of this amended agreement by all parties hereto, the City agrees to approve and execute the final plat for the Project submitted herewith and reduced-size copies of which are attached hereto as - 2 - BOON O94 ?AGEy4J Exhibit A (10 sheets, 1-9A) , which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3 . Construction schedule and Phasing. The City and the Owners mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owners' property rights in the Project. The anticipated construction schedule is as follows: a. Units 3 , 4, 5 and 6, and the accessory unit to Unit 6, and the subgrade parking garage are expected to be under construction on or before June 1, 1990, and completed by June 1, 1993 . b. Units 1, 2 , 7 , 8 , and 9 and the accessory units to Units 7 and 9 will be under construction on or before June 1, 1991 and completed by June 1, 1993 . c. Units 10 - 12 , the employee housing units and the accessory units to Units 10 and 11 will be under construction on or before September 1, 1991 and will be completed by June 1, 1991. d. The swimming pool is expected to be under construction on or before June 1, 1990, and completed by June 1, 1993 , and the common courtyard areas will be completed in accordance with the completion of construction of the adjacent Units. e. The public improvements identified in paragraph 4 of this Agreement are expected to be under construction on or before June 1, 1990, and completed by June 1, 1991, and each element thereof shall be installed as soon as possible consistent with adjacent Project construction. All such public improvements shall be completed by Owners and accepted by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. 4 . Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit B, which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces - 3 - NOON 594 P4GE944 (e.g. , paving, sod, gravel, etc. ) and the other elements of the landscape plan. The landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. The Owners shall promptly replace any plants which have not survived for a period of two growing seasons following the final certificate of occupancy for the Project. 5. Public Improvements. a. Sidewalks and public seating. The Owners will construct sidewalks in accordance with applicable City of Aspen Engineering Department standards in conjunction with their construction of the Project. These sidewalks located along the east side of Spring Street between Main and the Creektree Driveway and along the north side of Main Street from Spring Street to Neal Street and along the south side of Neal Street to the Roaring Fork River bridge will include a two-foot grass area between the curb and sidewalk as represented and shown on the plan attached hereto as Exhibit A. The curb along the sidewalk on the north side of Main Street shall be nine inches high. The Owners will install at least two benches for public seating at the corner of Spring Street and Main Street; and one bench and decorative rock formations on which it is possible to sit at the river overlook along the north side of Main Street overlooking Herron Park, as shown on the landscape plan. Owners shall obtain any required permits from the Colorado Highway Department for construction of the sidewalks along Main Street prior to obtaining building permits on the Project. b. Water lines. The Owners will provide an interconnect for the Project by extending the dead-end water line with two isolation valves as shown on the final plat. c. Sewer lines. A plastic pipe slip line will be installed on the last segment of the Rio Grande collection system for a distance of 300 feet to the trunk line, in order to service the Project. d. Fire hydrants. The fire hydrant which currently is located at the southwest corner of the Project will be upgraded by either replacing the hydrant with one which has an additional nozzle or, if so requested by the City of Aspen Fire Marshall, by upgrading the existing hydrant with an alternative similar system. In addition, the Owners will install a new fire hydrant at the southeast corner of the Project and will sprinkler all of the Units for fire protection safety. - 4 - BDQH 594 P4HEY45 e. River bank stabilization. No vegetation will be removed nor any slope regraded such that the Roaring Fork River will be adversely affected. All disturbed slopes will be stabilized during construction and appropriate measures taken to prevent erosion. Lincoln DeVore Testing Laboratory has prepared a report, attached hereto as Exhibit B, which makes certain additional erosion-control recommendations and specifications which, when implemented will prevent further undercutting of the bank along the east side of the Project by the Roaring Fork River. Currently, the River is undercutting its banks along the southeast edge of the Project, on City property, and on the northeasterly edge of the Project property. The Lincoln DeVore report requires that boulders of a certain size and specification must be used to prevent further erosion. The City shall, to the extent available without cost to the City, provide and deliver boulders meeting the specifications of the Lincoln DeVore report in order to take steps recommended in the report to stabilize the undercut eroded area located on the City property and shall provide and deliver any additional boulders available to the City to the undercut erosion area on the Project property. The Owners shall provide any additional materials and required labor and shall install the riprap as recommended in the Lincoln DeVore report in both the undercut areas on the City property and on the Project property. In the event any further permits from governmental entities other than the City are required for such installation, the party on whose property the installation is to be located shall obtain such permits. 6. Security for public improvements and landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owners shall provide a bond, letter of credit, cash or other guarantees in a form satisfactory to the City Attorney in the sum of $183 , 233 . 25 . Said guarantee will be delivered to the City prior to the issuance to the Owners of a building permit for the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in their obligations specified herein, to withdraw funds against such security sufficient to complete and pay for installation of such public improvements or Project landscaping. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten-percent of the estimated cost of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements, and the retainage for the landscaping shall - 5 - r�} HOOK 39 4 P:�GEY 46 be withheld until two growing seasons following the certificate of occupancy for the Project. The Owners shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of the City for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvement shall be provided by Owners to the City. Prior to construction of any improvements of the Project, the Owners will secure a new estimate of the cost of installation of the public improvements and Project landscaping. If the new estimate, as approved by the City Engineer, exceeds the amount set forth in the first sentence of this paragraph, the security will be increased in such amount. If, however, the new estimate is lower, the security will be decreased by the amount necessary to match the current estimate. 7. Utility Easement and electrical transformers. A utility easement, in the location as shown on the Plat, is dedicated by the Owners for the benefit of the City and public utility companies. In addition, the Owners will relocate the existing utility transformers on the west part of the Project near the vacated alley to an appropriate location north of the existing transformer site. 8. Drainage. The storm sewer system and dry well for site drainage, water retention and other site drainage features will be installed in accordance with the representations, drawings, plans and reports attached hereto as Exhibit A. 9. Parking. Owners shall construct 50 subsurface parking spaces (five of which will be for use by compact cars) . The parking spaces shall be constructed prior to a certificate of occupancy of the Units. 10. Employee housing requirements. Owners shall construct housing for 5.75 employees on site in two one-bedroom employee units and one two-bedroom unit, all of which will be deed-restricted to the Pitkin County Housing Authority's low- income guidelines, provided that the Owners shall have the right to designate the occupant of such unit and give occupancy priority to employees of the Project, and any occupant who is an employee, but only as to one of the one (1) bedroom units, shall not be required to meet income or asset limitations of the low-income guidelines; however, occupants of the remaining one (1) bedroom units and the two (2) bedroom unit shall be required to meet low-income guidelines. The units are initially intended to be rental units, but the Owners reserve the right to sell the units in accordance with the sales guidelines - 6 - BOON 594 PQGE947 established by the Housing Authority. In addition, the Owners will provide a payment-in-lieu for 22 employees at the low income payment levels, for a total of $440, 000. 00, to be paid prior to issuance of building permits for the Project. The deed restrictions for the employee units are attached hereto as Exhibit C. The three previously existing units on the Project may be reconstructed and are exempt from growth management, employee housing and park dedication fees. Those previously existing units are the Ware residence on Spring Street, the Bevan residence at 120 North Spring Street and the former Mikkelsen residence at 700 East Main Street ( demolition permit number 9758) . The employee units are also exempt from Growth Management Plan requirements and the fee dedications. 11. Park dedication. The City agrees to accept park development impact fees (Section 5-603) for the Project in lieu of land dedications for parks. The employee units and the three previously existing units are exempt from requirements for a park development fee (Section 5-606) . The previously existing units consisted of two three-bedroom and one one-bedroom units. The resulting park development fees owed by the Project are as follows: a. Nine three-bedroom units at $3 , 120 . 00 each, for $28 , 080. 00; b. Three four-bedroom unit at $3 , 120 . 00 each, for $9360. 00. Thus, the total park development impact fee for the Project is $37 , 440. 00. This fee shall be paid prior to the issuance of building permits for the Project. 12 . Condominiumization. The City has approved the condominiumization of the Project, and the City agrees to accept, execute and approve for recordation a condominium plat prepared in accordance with the Code. As the Owners have provided affordable housing pursuant to Sec. 8-106 (E) (5) of the Code, the Project is exempt from paying the Affordable Housing Impact fee. The Owners shall record a condominium declaration and shall create a corporate non-profit homeowners' association and articles of incorporation and by-laws. The association shall be responsible for the perpetual maintenance of the Project common elements and open space in good repair and in a clean and attractive condition. Membership in the homeowners' association shall inure to a Unit owner on the transfer of title. The - 7 - eQDK 594 PAGE'J40 association board of directors shall consist of at least three unit owners in the Project. Owners agree to join any improvement district formed for the area in which the Project is located. 13 . No fireplaces. The Project shall not contain any wood-burning stoves, fireplaces or similar devices. 14 . Maximum floor area. The Project shall consist of no more than 43 , 000 square feet. 15. Fisherman Easement. The Owners shall grant a fisherman's easement along the west bank of the Roaring Fork River and the easement shall be five feet in width and will be shown on the Plat for the Project. 16. Material Representations. All material representations made by the Owners on the record to the City in accordance with the amendment of the Cottonwood Park Subdivision and P.U. D. approval shall be binding on the Owners. 17 . Enforcement. In the event the City maintains that the Owners are not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 18 . Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: John Elmore P.O. Box 381 Wrightsville Beach, N.C. 28480 - 8 - BOOK 594 ° 94• Lionel Yow Yow, Yow, Culbreth, Fox & Pennington 102 North Fifth Avenue P.O. Box 479 Wilmington, N.C. 28402 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 19. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 20. Amendment. This agreement may be altered or amended only by written instrument executed by the parties . 21. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal cor.orati.n /eAk. KATHRY S. OCH ILLIAM L. STIRL G, Mayor City Clerk - 9 - BOOK 534 P^ 950 9pproved as t form: City Attorney • JO N A. ELMORE II LIONEL YOW IF Si'X"E OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me jLi - / , 198 'j by WILLIAM L. STIRLING, Mayor, and KATl-If2YN S. KOCH, City Clerkt " C-- My Commission expires: �0 �j Witness my hand and official seal. Notary Publ'i`c l,iIIIlllNlp,I- a`''' >"1 L1It;-ot Acknowledged before me In_ /L/ , 198 �J by JOHN I A.A. EtleRk II . • =My Commission expires: y-/_sv � ��,r .:Q -Witness my hand and official seal . • •4'....•'�2r r V�/dl 1. ryPub11C %//f lllll ,„up,m,,,, Acknowledged before me ��� /4e , 1987_ by I; C,I'.�1PU413j,V. A Nay Commission expires: 31 . 'Witness my hand and official seal . ' Jl LlC :.° OF c \, .ary Public c: \jeh\lu\elmore.pud JEH - 10 - EXHIBIT A -- In ' i1 � I • ,rr , I tj 8 x.111 :_ .3' . � €�� =1' lia iii F4 d F3 i 1,j i i i " l4 '` e v;, A ;;;:= 9 i .: a is -4 4 g i K 1 1 F i h dli 1 s y, N_ 1 o rL� C1 d Fry 6 •� --P.3 exxi _ s '9:. e° �a • �I a`1 f_gOI i! g 1 r 6 i p-1g.- c k r-1- p Pvy €_7 14:017q13.1 ! 1 i p r;10.:01 9 i, I I y sa Yia * a! Fp 9i9 A a' pI rTh Ei _ ! !ze Iii= a . I ; !i i e '„ �, ;.• [1'1 i 8 yy ! a g. 3a I i V' e a 9a g..i e e E ie J - gg• I . 3 a 8:.., g e n g r a GG0Ai a9 ng 1 4A I` 9aa i t s k Ea g Q a i..v_ pp v- > Wi . _i_ ai _ Li I .4 n .v J d'iMgr: .Y fzs9 IF 7 E v H €e5 i I .) R rho v � ei e y v' r~ w �y !Jd 5 ' se ° ssc° Y :y r raa i� -' 9 .. 3g s 4 . d ! a:g ? ? lyy:: xc 3 r ix ws- - . . ' =: is ' 1 . $ _9 i a vat a i.:tx e gg Fi -5 44 6 ! lad a1 9i i*!! t t-1 i t, ti y Fp a 9 1 di i v -'_- v� 9 Ee! y iii ? ii t-1 5v.- t a 9 :!.;::44: ka is el F Vfti fri- I I :..9e Lr.* „?,!., 1_ xsp„ T _Fs t i Fca a _- E hi l' 11 I i 11.,1.1[ q•ni rIr1 I II l . - F fill [II _; TTJ nil Iin e. i'' ,!_ F i a9 59A ' POOR COPY S. �.. 11 ii Z§6 9° a SOON 5 4 °, i52 .g 8 iii , g "' o ` a ^E a si a _ :s ,' 50 c§ + .91 i = tls; 9. 14 in 1 • 91 E _ �o r la' •s 5wf sI s; • ,33N w ill in 9� :;y ?_,F s 1 I %4 t tar wp i ah (F x j 14 Y b' - W ao E . ° $y r e*t ,. V ;�w to•ra ufnbl t - w.y. d •s __ 3S • d _�` / _ viii �_ /i a2 _ �� � ;l Ii � / it 4 ' /.i �p b a I S;I' 1 i.YMFiW.Ylc p I �1 r3 1 ° 1 ,: ! jµµ W t 1 g 1 •I 1i r S1 U r E. m K i• lira`�®� g R cc � = O cc t E d 99 L' '_I _ .. =o• 1 I Iw ' g o ' 9 g In ^,a- k�1i1 - __- � ., 2 , ■. I t — II •n- ti s - e _ _ao- - 133815 -•.9NItldSI N - -us - } i9 a d I- i -1 r 1 I I I I ,.2a I 83A3W8390 I I 00N00 009 1d3ONOO I p¢4 I I u,G r e:. 594 AEY5J ! - • . ; /� > / " i ` \ ) t2 . � � } } E \ ( \ ;tr,,d- \ \ _ ? — , § z . ,,, » \ « . © / } T __ > ! � i. . , ._ ° l . �i / » )i / ^ , t \ \ \ : q ) ( '' , ,in J . - : \\ \ . \ \ > [ w VI , t : \ ! . « \ \ c \ ( ,: { , ! , a � - .. Jr 1 : % � /\ | | \ / ; , / m§ � . . . — < « � / ° �I\\ , \ / i j : i® \ � ,$ \ , a / \ 1 \� \ ' ` \ } \ > ` ` « . . ` ( ; � �< z ( _ i«' ]». . \ L \\" i ] [ y I If ) \ � — - . oil ) | ;». , / 5 \° § . \: ; . ' ' —) S ° ° j A TPA /j «| j ) / / . ; � � ) ° �' • , ONItldS N I 3\ / 4. *i°\, _ . G R{ 1111.35:3! |- ° o| ( rfi r b um 594 PAGE954 i e • e • 1 1 1 1 sY1 11 i ! I 11i 11 iiiliiii iteili i I R /III eii1 I! l'1 ,l:Is iiic ! DI i e . si : - - . . . - - . 11 ! 1 i Iii! LI d _, g. , ._____-- \ /6 � _____ __7 „,,o, / a J ,-1,,...„, i 1 ---___ c,, . // z e Nt E. 1 a Ice ( ��s . 0 '�� �� ' � 9 I." a ,�� 16i ! I_la Ilk z . 4 elp u4 i CI ':I ow it map - re- : --1 ti, s, , _ , 4 Hi I .009 o- ! s, li u s ;�. 1 I '1 1� 0i ' r ,1r � ' L o- . 113MS ON IS N 11 fi l h i a.; 1 L 1 u• ti ' 94 955 ,, E E FOi1N F;�GE L i l Ig-] rgaz w t-. sS1141 e. 1'11 tii11 1il II I III' •<III . `elm* .a I It !I 16.N t- I pi litil 1 _i it N : il Oa,, T[ jA 1 [^ O 1 .. U I dill—'lied 1 11 IN = � � � : A'�_ . Mil ICI lj lotIiI 1116 111 ■I. I. �.E.MI IMF ii i„ IHI F. .,. .Noo I 1 t I ' II ; 1e , hill,'I! La • ao• I t i l t l l l l ,. I Doh �i■aid 1, i •�.. �c �rffi:■ � 1 • 1111• Ill s..��itai i 1' .I_1 I EMI iliac II .-i rinn,,i�nrS?J PJj 1 ' ri 1 ,OOK 5u3 FIGE956 J .9 1 min Q 2 pp� I( iL �I° o . .o _� IP . • ond ut—I riili •!tilt i 1 _ ! �i — ill��� i 1 111 Ito, i^�� l-- I=` I III I � I:� .\�i" M_ F1 . i. mill.i •dl!!� 31 1 Wig =i .1.111.%L. . lb •® —u I „lilt' �I_i 4 "71 I• a /quill. nen �i l l i. 1.1 j j wil .,.�ibl hill_e ci �S L�e tI 'M ■.. I C U 2 is . _ill M ill \II�- ' C .: ii. oaf ' �• ja 4 ME MIS t III 1 41i5 5.2 Bia I is l'll . I Il m rm. y t i I . d• i i a'• �. ;:iiiiii I II 1.• •r. '.l, 1 I \\ I 1 IN } I a 1 , This /' BOOK 594 P4GEY57 sy 1 9 !• ' 1 1 7 /ado t _, IC, FT4 ft, �� • iii �. II _ uu E ,_a1. ' IIM I ! I cn, HMI, � 11 H u f • LI ii = MI Ix I "' I M II L 'ta! 1M .1I 1 1 GI r l = i . _. �r $a . own ;e 1_ AI ii11E _ I_ N' I'I� �n WHOi Dui x aiu WHO ms �'' ddd0.'i 1\I U I �� n.ul '�I�r. _ + •' •• GT.�I ➢Gip 0 ton II �zl'_ IsC` �� C t ,11 IM NM YJ IA] uui ",ni YI.I� �Iiill [� Ali =IS� IS Mali �Ti 1 0 ■IS =1! 1' i■i iii a //j . 14 MI MI '' � �ilUC :tea • a 'i1.ei'_S m it " s�•Ii7 an a ,°IL ' 4 r �fll Iw 1j ; iir /f�I f11r gg ..I�Ir �1E„ �'I. • I 1 i riSNI''u • 1I 111 it I ,•1 Ijl 11• . I'll i1 —. 1 1i�i i' !11 \ ° iliiil�i ,.Sr1 .i-1�1..1 aIe1 :IS i» , I F1 - Fnisi I,A I im., onl ist-- I.! -. 1� � v • 4 1 co i 11 i mij BUfH 591 MiE958 i I i ; i I ; i I ;it i I + 9e i i 1 i' ; 1 . e I ! P I1 . tI A. I / II 'iI ■M I it if I -. 1:8 i • ��; ', � a� 1= f _IIII �! 1 y m1 IAA Ills% — i �� i X13 _i. iti •i _ \I-f- _v rte'.' : I• i1 , ■ tett t z 111 mil o i 1 I I, _' r_ / "-'it rn 1 '. 1� i , €s9€il1i .,(i ,;t _ i II.� . ! I - I- al r_ A`:1, 1 L 1 ° i �jryg� .a, R I I looill li NU II -1-3 li,/till j • p„s,3 ■rill . � 1 m 1I iii a l� 1. ■■ N axi et I 4,[0x1 us:' is sy =- l YY �/a: • 'Sr H1:1 II.' :I ■ .I 1 �j1 }L I i I i •I ' 1 1 I 1' i 1 IE 1 . 1 i I 1 I ji %. 1 it i. 0 1 Y i n 594 paGE959 Y s;a 4' 4a / 'J b @ ' _ + 8 stV � �, �� ► �i; l a li I/ f z et -1 i z e C z o' S -• •i �o ,Ilr —�� 3 1als ONI dS N • I ■ I I cl 4di- I- S lip.4 °y '� �+ 800,. 5U4 P4.GE UO Al ]y • • roa ,fi \ gffi gg �q J S' / ..«.„. '�/ z ' - • ice — k:: __Lle. : 0 , , ., , - j�Y/ �„ ,d, , i — __ . ._ , .._,,,, // , iii,_—., ,,, , ,,, p. ,,a, i,„,m, ____. _LTG . '� F rJqqx t2” T 1 . . C u I// / h, us us „ it ji11 ./SO wrl // / I ., {Y� z S I i p .Q run LI Ili °r fis a F / , i'r ' I - I r. d s W .n I = 1- s“5b. , z a w Li if 1 'C II �,,� Tllr. n o 1 s . z z ? g ) II iiii tl I R fl i 8W I • F Q N g \ 1 'P A- 0 Illli -1 � r 3 w 1 \ SS r I ' a a „ , IX• ~ r C h I'r 11 p _ ° ` IL -"'1 ill-• a'/ Lll. r _ �1[i _ IIFg w • _l Y_ • 1 o- 9 • � 1 I 1 I _ _ 1 BOON 594 FAGE961 Ex HtBIT " " Lincoln DeVore 1441 Motor Grand Junction, Colo 81501 (303)242-8968 Mr. Stan Mathis Stan Mathis Architecture & Planning 119 South Spring Street Aspen, Colorado 81611 June 14, 1989 Re: Erosion Control Measures Bank of Roaring Fork River 700 East Main, Aspen, CO Based on reported 100 year flood elevations estimated from the FEMA study, anticiptated building placement and existing bank slopes conditions, a riprap repair and flood protection construction is recommended for this site. The existing bank is oversteepened and is being undercut by the river. Slope sloughing and ravelling is ongoing and will continue if protective measures are not undertaken. Following are basic recommendations for riprap along areas requiring repair. It must be emphasized that as the work progresses on the bank repair and actual building construction on this project, inspection by this office may reveal conditions which would either modify or extend the actual amount of slope repair and stabilization required. Subsurface conditions may be uncovered during the project construction which were not detected during the initial investigation or covered in the initial subsurface soils exploration report by Lincoln DeVore, June, 1989. The placed riprap should not extend more than 2 feet away from the existing slopeline, to prevent encroachment on the river flood flow path. The maximum riprap size will vary between 48 to 72 inches inspection, depending on the actual calculated water velocities expected. The placed riprap is to be hand placed (not dumped) , predominanatly angular in shape, and shall be a durable material of either select Granitic or other indigenous igneous rock in the area. lorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado Glenwood Springs, Colorado Evanston, Wyoming BOON 594 PAGE962 Riprap shape and placement should conform to the requirements of the Corps of Engineers design method. Stabilization of the riprap mass will probably require the placement of a pressure grout in the riprap mass. A sand bedding material will be required between the riprap and the native soil deposits. The riprap will have to be placed in stages, due to the steepness of the slopes and the limited construction area. It is recommended that the project be scheduled so the riprap and building foundation excavations can be accomplished together. The riprap placement should be completed before actual construction of the adjacent building foundations begin. Actual design of the riprap feature can be accomplished when the project characteristics are fully defined. If any further questions arise, please do not hesitate to contact this office. Respectfully submitted, Lincoln DeVore, Inc. Edward M. Morris Manager/Geological Engineer Western Slope Branch 900N 594 PAGEY6J Lincoln DeVore 1 44 1 Motor Grand Junction Coln 8+501 (303) 242-9968 SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21 , East Aspen Townsite Aspen , Colorado Prepared For : Stan A. Mathis , Architects P. O. Box 1984 Aspen , CO 81612 Prepared By: LINCOLN-DeVORE, INC. 1441 Motor Street Grand Junction , CO 81505 June 5 , 1989 olorado Springs, Colorado Pucblo Color Eramlon, Wyoming eons( 594 PAIGE 964 Lincoln DeVore,Inc. Geotechnical Consultants 1441 Motor St. Grand Junction, CO 81505 (303) 242-8968 June 5, 1989 Stan A . Mathis P. O. Box 1984 Aspen , CO 81612 Re : SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21 , East Aspen Townsite Aspen, Colorado Dear Sir : Transmitted herein are the results of a Subsurface Soils Exploration for the proposed Cottonwood Park Housing . If you have any questions after reviewing this report , please feel free to contact this office at any time. This opportunity to provide Geotechnical Engineering Services is sincerely appreciated . Respectfully submitted , LINCOLN-DeVORE , INC. BY: EDWARD M. MORRIS WESTERN SLOPE BRANCH MANAGER 1 Grand Junction, Office ! (' • 64 • Reviewed by Georze i�orr 8 °r0 LDTL Job No . 70652-J eau D94 P,t,iu E 913 5 TABLE OF CONTENTS Page NOs INTRODUCTION 1 Project Description 1 Project Scope 2 FIELD EXPLORATION AND LABORATORY TESTING 3 FINDINGS 4 Site Description 4 General Geology and Subsurface Description 4 CONCLUSIONS AND RECOMMENDATIONS 8 General Discussion 8 Open Foundation Observation 9 Site Preparation 9 General 9 Site Preparation 11 Structural Fill Soil 12 Fill Placement and Compaction 12 Field Observation and Testing 13 Drainage and Gradient 13 Foundations 15 Settlement Characteristics 16 Slabs 16 Earth Retaining Structures 17 Floodplains 19 Reactive Soils 20 Limitations 20 3 -() INTRODUCTION BOON Oi PAGEYG6 PROJECT DESCRIPTION This report presents the results of our geotechnical evaluation performed to determine the general subsur- face conditions of the site applicable to construction of condominium structures and a parking garage . A vicinity map is included in the Appendix of this report . To assist in our exploration , we were provided with site location and proposed building layout diagrams. The Boring Location Plan attached to this report is based on that plan provided to us . We understand that the proposed struct- ures will consist of 2 or 3 story, wood-framed structures with a • full basements and concrete floor slab on grade . Lincoln DeVore has not seen a full set of building plans , but structures of this type typically develop wall loads on the order of 1500 plf to 2500 plf and column loads on the order of 6 to 40 kips . The characteristics of the subsurface materials encountered were evaluated with regard to the type of construction described above . Recommendations are included here- in to match the described construction to the soil characteris- tics found . The information contained herein may or may not be valid for other purposes . If the proposed site use is changed or types of construction proposed , other than noted herein, Lincoln DeVore should be contacted to determine if the information in this report can be used for the new construction without further field evaluations . 1 BOON 594 PAGEY61 PROJECT SCOPE The purpose of our exploration was to evaluate the surface and subsurface soil and geologic conditions of the site and , based on the conditions encountered , to provide recommendations pertaining to the geotechnical aspects of the site development as previously described . The conclusions and recommendations included herein are based on an analysis of the data obtained from our field explorations , laboratory testing program, and on our experience with similiar soil and geologic conditions in the area . This report provides site specific information for the construction of a condominium complex . Included in this report are recommendations regarding general site development and foundation design criteria . The scope of our geotechnical explora- tion consisted of a surface reconnaissance , a geophoto study, subsurface exploration , obtaining representative samples , labora- tory testing , analysis of field and laboratory data, and a review of geologic literature . Specifically, the intent of this study is to: 1 . Explore the subsurface conditions to the depth expected to be influenced by the proposed construction. 2 . Evaluate by laboratory and field tests the general engineering properties of the various strata which could influence the development . 3 . Define the general geology of the site, including likely geologic hazards which could have an effect on site development . 4 . Develop geotechnical criteria for site grading and earthwork . 2 NOON 594 P46E965 5 . Identify potential construcion difficulties and pro- vide recommendations concerning these problems . 6 . Recommend an appropriate foundation system for the anticipated structure and develop criteria for foundation design . FIELD EXPLORATION AND LABORATORY TESTING A field evaluation was performed on April 25 , 1989 , and consisted of a site reconnaissance by our geotechnical personnel and the drilling of exploration borings . Three exploration borings were drilled within the proposed buildings near the locations indicated on the Boring Location Plan . The exploration borings were located to obtain a reasonably good profile of the subsurface soil conditions . All exploration borings were drilled using a CME B-45 , truck mounted drill rig with continuous flight auger to depths of approximately 14 to 15 feet . Samples were taken with a standard split spoon sampler and by bulk methods . Logs describing the subsurface conditions are presented in the attached figures . Laboratory tests were performed on representative soil samples to determine their relative engineering properties . Tests were performed in accordance with test methods of the American Society for Testing and Materials or other accepted standards . The results of our laboratory tests are included in this report . The in-place moisture content and the standard penetration test values are presented on the attached drilling logs . 3 BOOK 594 P4UE 969 FINDINGS Site Description The project site is located on all of Block 21 , East Aspen Townsite, Pitkin County , Colorado. Block 21 is bounded by North Spring Street on the west , Main Street on the south and the Roaring Fork River on the east . The topography of the site is gently sloping to the west for the majority of the tract . The exact direction of surface runoff on this site will be controlled by the proposed construction and therefore will he variable . On the east end of the tract , a very steep bank, 13 to 15 feet high , overlooking the Roaring Fork River , is present . The slope gradient along this bank ranges from 30% to 100% . Surface drainage on the tract , as a whole , is fair to good ; subsurface drainage is good . The existing ground surface elevations range from a low of 7885 to a high of 7910 feet above mean sea level . Elevations are taken from a site plan obtain from Stan Mathis , Architects . GENERAL GEOLOGY AND SUBSURFACE DESCRIPTION The geologic materials encountered under the site consist of alluvial sands and cobbles of the Roaring Fork River Terrace and glacial till , which is somewhat reworked by the Roaring Fork River . The geologic and engineering properties of the materials found in our exploration borings will be discussed in the following sections . 4 BOON 594 FIGE970 The soil types encountered during the field exploration have been grouped into 3 soil types , which indicate different stages of deposition and soil reworking by the Roaring Fork River . Soil Type Numbers 1 & 2 are separated due to to a color difference and relative amounts of mica fines , which gives the appearance of different soil types . The major difference between the Engineering characteristics is that Soil Type #1 represents the -3/4 fraction of a cobble deposit and Soil Type #2 represents the -1 " fraction of a gravel and cobble deposit . For the following discussion , both Soil Types 1 & 2 will be grouped together . This Soil Type is classified as a SP/SM of medium grain size under the Unified Classification System. This soil type is non-plastic and of moderate density. This soil will have virtually no tendency to expand upon the addition of moisture . Settlement will be minimal under the recommended foundation loads . This soil will undergo elastic settlement upon application of static foundation pressures . Such settlement is characteristically rapid and should be virtually complete by the end of construction . If the recommended allowable bearing values are not exceeded , and if all other recommendations are followed , differential movement will be within tolerable limits . At shallow foundation depths this soil was found to have an average allowable bearing capacity of. 4500 psf . Soil Type # 3 represents thin strata which are found throughout the lower portion of the soil profile penetrated by the test borings . This soil type was exposed in the bank section , shown on The Test Boring Location Diagram as 5 BMX 594 Px3EY71 "Bank Observation , Soils Profile. " This 'Soil Type is classified as a GP/GM of coarse grain sloe under the Unified = iassific.ation System. This soil type is non and of medium density. This soil will have virtually no tendency to expand upon the addition of moisture. Settlement_ will he minimal ander the recommended foundation loads. This sail will undergo elastic settlement upon application of statle foundation pressures. Such settlement is characteristically rapid and should be virtually complete by the end of construction . If the recommended allowable bearing values are not exceeded , and if all other recommendations are followed , differential movement will be within tolerable limits. At shallow foundation depths this soil was found to have an average allowable bearing capacity of 2800 psf . At the depth of Test Boring Refusal and in the "Bank Observation , Soils Profile" , a marked change in the alluvial soils was noted . The coarse portion of the soils is composed of large , angular- boulder-s - and cobble sized rocks , which contain a matrix very similar to Soil Type Numbers 1 °: 2. This zone could not be penetrated by the drilling operation and was observed at the bank bottom , in the "Pr..nk Observation , Soils Profile" . These 'soils have similar Engineering characteristics to Soil Type Numbers 1 2. The boring logs and related information show subsurface Condition':: at the date and location of this exploration. Soil conditions may differ at locations other than those of the explor- -.tor . borings. If the structure is moved any appreciable distance Sr-umm ih 4 locations of the boring, , the soil 6 ROOX 594 PQH912 conditions may not he the same as those reported here . The passage of time may also result in a change in the soil condi- tions at the boring locations . The lines defining the change between soil types or rock materials on the attached boring logs and soil profiles are determined by interpolation and therefore are approximations . The transition between soil types may be abrupt or may be gradual . No free water was encountered during drilling on this site . In our opinion the true free water sur- face is fairly deep in this area , and hence, should not affect construction. Seepage moisture may affect construction if sur- face drainage is not properly controlled . It is believed that free water is present between 17 to 25 feet below the existing ground surface . Because of capillary rise , the soil zone within a few feet above the free water level identified in the borings will be quite wet . Pumping and rutting may occur during the excavation process , particularly if the bottom of the founda- tions are near the capillary fringe . Pumping is a temporary, quick condition caused by vibration of excavating equipment on the site . If pumping occurs , it can often be stopped by removal of the equipment and greater care exercised in the excavation process . In other cases , geotextile fabric layers can be design- ed or cobble sized material can be introduced into the bottom of the excavation and worked into the soft soils . Such a geotextile or cobble raft is designed to stabilize the bottom of the excava- tion and to provide a firm base for equipment . 7 eafH 594 FAGEY73 Data presented in this report concerning ground water levels are representative of those levels at the time of our field exploration . Groundwater levels are subject to change seasonally or by changed environmental conditions . Quanti- tative information concerning rates of flow into excavations or pumping capacities necessary to dewater excavations is not inclu- ded and is beyond the scope of this report . If this information is desired , permeability and field pumping tests will be required . CONCLUSIONS AND RECOMMENDATIONS GENERAL DISCUSSION No geologic conditions were apparent during our reconnaissance which would preclude the site develop- ment as planned , provided the recommendations contained herein are fully complied with . Based on our investigation to date and the knowledge of the proposed construction, the site condition which would have the greatest effect on the planned development is the steep bank and potential erosion of this bank by the Roaring Fork River . Since the exact magnitude and nature of the foundation loads are not precisely known at the present time , the following recommendations must be somewhat general in nature . Any special loads or unusual design conditions should be reported to Lincoln DeVore so that changes in these recommendations may be made , if necessary. However , based upon our analysis of the soil conditions and project characteristics previously outlined , the following recommendations are made . B BOOK 594 RILE 974 Open Foundation Observation: Since the recommendations in this report are based on information obtained through random borings , it is possible that the subsurface materials between the boring points could vary. Therefore, prior to placing forms or pouring concrete , an open excavation observation should be performed by representatives of Lincoln Devote . The purpose of this observa- tion is to determine if the subsurface soils directly below the proposed foundations are similiar to those encountered in our exploration borings . If the materials below the proposed founda- tions differ from those encountered , or in our opinion, are not capable of supporting the applied loads , additional recommenda- tions could be provided at that time . SITE PREPARATION General : All earthwork and grading for this site development should be accomplished in accordance with the attach ed earthwork and grading recommendations and Chapter 70 of the UBC. All special site preparation presented herein will supersede those in the attached Standard Earthwork and Grading Recommendations Section . Since no site grading plan was made available at the time of writing this report , the extent of site grading and the proposed footing elevations is not known. There- fore, these grading recommendations must be considered preliminary until Lincoln Devote has had the opportunity to review the site grading plans . 9 BOOK 594 e4GEJ !5 No major difficulties are anticipated in the course of excavating into the surficial soils on the site . It is probable that safety provisions such as sloping or bracing the sides of excavations over 4 feet deep will be necessary. Any such safety provisions shall conform to reasonable industry safety practices and to applicable OSHA regulations . We recommend that the amount of cut and fill be kept to a minimum on this site . Specifically, we recom- mend that any cut or fill which reduces the stability of native slopes be avoided . This includes any cut at the toe of a slope and any fill placed at the top of a slope . We recommend that any cut or fill over 4 feet in height be analyzed for stability of the final slope prior to construction . The stability of the bank overlooking the Roaring Fork River must be addressed before construction of the unit numbers 5 through 11 and the Lap Pool . In general , we recommend all structural fill in the area beneath any proposed structure or roadway be compacted to a minimum of 90% of its maximum modified Proctor dry density (ASTM D1557 ) . We recommend that fill be placed and compacted at approx- imately its optimum moisture content ( +/- 2% ) as determined by ASTM D 1557 . Structural fill should be a granular , non-expansive soil . Allowable slope angle for cuts in the native soils is dependent on soil conditions, slope geometry, the moisture content and other factors . Should deep cuts be planned for this site , we recommend that a slope stability analysis be performed when the location and depth of the cut is known . 10 BOOK 594 F, UFY76 Notching the structure into the hillside will create some very steep cut slopes . While such slopes may stand safely for short periods of time , exposure to the elements for any extended period requires that the slope be braced or surface-protected . We recommend that building walls in contact with such cut slopes be designed as retaining walls . The magni- tude of the forces to which the wall will be subjected are noted in the section on lateral stability. We recommend that all backfill placed around the exterior of the building , and in utility trenches which are outside the perimeter of the building and not located beneath roadways or parking lots , be compacted to a minimum of 85% of its maximum Proctor dry density ( ASTM D 698 ) . During the placement of any structural fill , it is recommended that a sufficient amount of field tests and observation be performed under the direction of the geo- technical engineer . The geotechnical engineer should determine the amount of observation time and field density tests required to determine substantial conformance with these recommendations . Site Preparation: It is recommended that site prep- aration begin with the removal of all vegetation , existing man- made fill and other deleterious materials . This applies both to areas to be filled and areas to be cut . The removed materials should be legally disposed of off-site or , if appropriate , stock- piled for later use in non-structural areas or landscaping . In the case of existing man-made fill , we recommend that it be 11 BOON 594 FAGE97 removed completely. It is recommended that the exposed native soil be scarified to a depth of 12 inches, brought to near opti- mum moisture conditions and recompacted to a minimum of 90% of maximum dry density as determined by ASTM D 1557 . Prior to placing fill , the exposed ground should be observed by representatives of Lincoln DeVore to determine that all deleterious material , man-made fill and soft areas have been adequately removed . The removed material may then be replaced with uniformly compacted lifts of structural fill until the desired slab or footing elevation is achieved . We recommend that the structural fill be placed within 2% of the optimum moisture content of the material and compacted to a minimum of 90% of its maximum dry density, ASTM D 1557 . Particular note needs to be made of any abandoned foundations , leach fields , cisterns , sewage tanks and trash pits . Structural Fill Soil : It appears that the majority of the material excavated from cut areas is suitable for reuse as structural fill . Material to be approved shall be free of deleterious matter and oversized hard rock . We recommend that no predominantly clayey soils or claystones be included in the structural fill . Fill Placement and Compaction: We recommend that structural fill placed beneath floor slabs , foundations and parking lots be compacted to a minimum of 90% of its maximum modified Proctor dry density (ASTM D 1557 ) . The structural fill shall be placed and compacted at a moisture content within +/- 2% of optimum 12 800K 594 PaGEY78 moisture . Field Observation and Testing : The opinions and conclusions of a geotechnical report are based on the interpretation of inform- ation obtained by random borings . Therefore the actual site conditions may vary somewhat from those indicated in this report. It is our opinion that field observations by the geotechnical engineer who has prepared this report are critical to the contin- uity of the project . DRAINAGE AND GRADIENT: Adequate site drainage should be provid- ed in the foundation area both during and after construction to prevent the ponding of water and the saturation of the subsurface soils . We recommend that the ground surface around the structure be graded so that surface water will be carried quickly away from the building . The minimum gradient within 10 feet of the building will depend on surface landscaping . We recommend that paved areas maintain a minimum gradient of 2% , and that landscaped areas maintain a minimum gradient of 8% . It is further recommended that roof drain downspouts be carried across all backfilled areas and discharged at least 10 feet away from the structure . Planters , if any, should be so constructed that moisture is not allowed to seep into foundation areas or beneath slabs or pavements . At the higher altitudes at this site , difficulty with freezing of drainage lines at the discharge point is probable . We recommend that this be overcome by discharging into a protected , coarse rock and cobble fill or mound . As an 13 eGUK 594 PAGEY 1Y alternative , heat tapes can be used on the discharge point of the pipe. The drain outlet must also be located with due consider- ation given to the proposed pattern of snow removal . It is recommended that the natural drainage , existing prior to construction , be disturbed as little as possible by final grading . In particular , we recommend that water not be channeled along or across any newly filled areas , as this may result in accelerated erosion and damage to the fill . To fully minimize erosion , a vegetative cover should be established as soon after grading is complete as possible . To give the building extra lateral sta- bility and to aid in the rapidity of runoff , it is recommended that all backfill around the building and in utility trenches in the vicinity of the building be compacted to a minimum of 85% of its maximum Proctor dry density, ASTM D 698 . The native soils on this site may be used for such backfill . We recommend that all backfill be compacted using mechanical methods . No water flooding techniques of any type may be used in placement of fill on this site . Should an automatic lawn irrigation system be used on this site , we recommend that the sprinkler heads be installed a minimum of 5 feet from the building. In addition, these heads should be adjusted so that spray from the system does not fall onto the walls of the building and that such water does not excessively wet the backfill soils . The slope areas immediately adjacent to the Roaring Fork River drainage can be considered potentially unstable due to the threat of on-going erosion. A minimum setback should be established between the proposed construction and the 14 mcv 594 nuE980 edge of existing slope scarps . We recommend that the setback distance be established by laboratory analysis of the shear strength and stability of specific locations along the banks . In addition, mitigation systems are recommended to control the on- going erosion caused by the river . Such mitigation could include retaining walls , riprap , gabions or other stabilization materials . FOUNDATIONS We recommend the use of a conventional shallow foundation system consisting of continuous spread foot- ings beneath all bearing walls and isolated spread footings beneath all columns and other points of concentrated load . Such a shallow foundation system, resting on the native alluvial sands , gravels and cobbles of the Roaring Fork River Terrace , may be designed on the basis of an allowable bearing capacity of 2800 psf maximum. Contact stresses beneath all continuous walls should be balanced to within + or - 300 psf at all points . Isolated interior column footings should be designed for contact stresses of about 150 psf less than the average used to balance the continuous walls . The criterion for balancing will depend somewhat upon the nature of the structure. Single-story, slab on grade structures may be balanced on the basis of dead load only. Two and three story structures may be balanced on the basis of dead load plus 1 /2 live load . Stem walls for a shallow foundation system should be designed as grade beams capable of spanning at least 10 feet . These "grade beams" should be horizontally reinforced both near the top and near the bottom. The horizontal 15 eons 594 F. GEY31 reinforcement required should be placed continuously around the structure with no gaps or breaks . A foundation system designed in this manner should provide a rather rigid system and , there- fore , be better able to tolerate differential movements assoc- iated with any lenses or thin strata of sands or silts which may underlie the foundation footings . Settlement Characteristics: We anticipate that total and/or diffe- rential settlements for the proposed structures may be considered to be within tolerable limits , provided the recommendations pre- sented in this report are fully complied with . In general , we expect total settlements for the proposed structure to be less than 1 inch. We recommend that the bottom of all foundation components rest a minimum of 4 feet below finished grade or as required by the local building codes . Foundation components must not be placed on frozen soils . SLABS Slabs could be placed directly on the natural soils or on a structural fill . We recommend that all slabs on grade be constructed to act independently of the other structural portions of the building . One method of allowing the slabs to float freely is to use expansion material at the slab- structure interface. It is recommended that slabs on grade be constructed over a capillary break of approximately 6 inches in thickness . We recommend that the material used to form the capil- 16 BOON 594 P,GE932 lary break be free draining , granular material and not contain significant fines. A free draining outlet is also recommended for this break so that it will not trap water beneath the slab. A vapor barrier is recommended beneath the floor slab and above the capillary break . To prevent difficulty in finishing concrete , a 2 inch sand layer should be placed above the break . If the interior floor slabs are to re- cieve heavy loads due to: a ) wheel loads of industrial vehicles such as fork lifts or straddle carriers , b ) concentrated static loads of racks , or c ) heavy distributed stacked loads , then the slabs classify as industrial and we recommend they be designed in accordance with methods outlined in the PCA publication, "Slab Thickness Design for Industrial Concrete Floor Slabs on Grade" . For design purposes , the modulus of subgrade reaction for this soil may be taken as 100 pci . EARTH RETAINING STRUCTURES The active soil pressure for the design of earth retaining structures may be based on an equivalent fluid pressure of 28 pounds per cubic foot . The active pressure should be used for retaining structures which are free to move at the top ( unrestrained walls ) . For earth retaining structures which are fixed at the top, such as basement walls , an equivalent fluid pressure of 40 pounds per cubic foot may be used . It should be noted that the above values should he modified to take into account any surcharge loads , sloping backfill or other externally applied forces . The above equivalent fluid pressures should also be modified for the effect of free water , if any. The passive pressure for resistance to 17 eo�K 594 ME lateral movement may be considered to be 290 pcf per foot of depth. The coefficient of friction for concrete to soil may be assumed to be . 62 for resistance to lateral movement . When combining frictional and passive resistance , the latter must be reduced by approximately 1 /3 . We recommend that the backfill behind any retaining wall be compacted to a minimum of 85% of its maximum modified Proctor dry density , ASTM D-1557 . The backfill material should be approved by the Soils Engineer prior to placing and a sufficient amount of field observation and density tests should be performed during placement . Placing backfill behind retaining walls before the wall has gained sufficient strength to resist the applied lateral earth pressures is not recommended. Drainage behind retaining walls is considered critical . If the backfill behind the wall is not well drained , hydrostatic pressures are allowed to build up and lateral earth pressures will be considerably increased. There- fore , we recommend a vertical drain be installed behind any impermeable retaining walls . Because of the difficulty in place- ment of a gravel drain , we recommend the use of a composite drainage mat similar to Enkadrain or Miradrain. An outfall must be provided for this drain. Special considerations in design and construction of the swimming pool will be necessary since water leakage from the pool which saturates supporting soils will reduce the stability of the slope above the Roaring Fork River , 18 BOOK 594 P GE984 It is recommended that an underdrain system be constructed beneath the swimming pool . This underdrain will consist of a layer of clean , coarse gravel or crushed rock approximately 12 inches in thickness . The subgrade beneath this gravel layer should be carefully graded so that no depressions exist and water has direct access to the drain . It is recommended that an impermeable membrane be placed between the gravel layer and the subgrade to prevent moisture from seeping into the subgrade soil . This membrane could be a spray-on asphalt emulsion , a polyethylene film or a bentonite layer . At the lowest point in the underdrain layer , a small lined sump pit is recommended to allow a pump to discharge seepage water to the ground surface . The gravel or crushed rock layer may vary some , but , in general , should meet the following recommendations : 3 " 100 2 " 60-90 1 1 /2" 12-40 84 0-12 *20 0-8 #100 0-3 FLOODPLAINS The site is partially within the 100- year floodplain of the Roaring Fork River Federal , State , and local regulations will require the finished floor elevation to be at least 1 foot above the 100-year floodplain. Federal regulations require that the construction of a fill not raise the flood water elevation more than 12 inches . A detailed hydrologic study of the area is recommended to determine the effect of construction on the elevation of the 100-year flow water level . Such a study is beyond the scope of this report . 19 HOU 5U4 F, GE9�35 REACTIVE SOILS Since groundwater in the area typically contains sulfates in quantities detrimental to a Type I cement , a Type II cement is recommended for all concrete which is in contact with the subsurface soils and bedrock. Calcium chloride should not be added to a Type II cement under any circumstances . LIMITATIONS This report is issued with the understanding that it is the responsibility of the owner , or his representative to ensure that the information and recommendations contained herein are brought to the attention of the architect and engineer for the project , and are incorporated into the plans . In addition, it is his responsibility that the necessary steps are taken to see that the contractor and his sub- contractors carry out these recommendations during construction. The findings of this report are valid as of the present date . However , changes in the conditions of a property can occur with the passage of time , whether they be due to natural processes or the works of man on this or adjacent properties . In addition, changes in acceptable or appropriate standards may occur or may result from legislation or the broadening of engineering knowledge . Accordingly, the findings of this report may be invalid , wholly or partially, by changes outside our control . Therefore , this report is subiect to review and should not be relied upon after a period of 3 years . The recommendations of this report pertain only to the site investigated and are based on the assumption that the soil conditions do not deviate from 20 ROOK 594 FJ hE6%6 • those described in this report . If any variations or undesirable conditions are encountered during construction or the proposed construction will differ from that planned on the day of this report , Lincoln DeVore should be notified so that supplemental recommendations can be provided , if appropriate. Lincoln DeVore makes no warranty , either expressed or implied , as to the findings , recommendations, specifications or professional advice , except that they were prepared in accordanc•a with generally accepted professional engineering practice in the field of geotechnical engineering. 2.1 BOOK 594 2 GE987 ��. . . • • - i ; j 74 ir I• • - I I !(i Ry;1,wa k r�' j ,fr i� . 4 . . v halt rR;A{RAiM \ ♦, ty/( Sp/a(t n\•� Aspen , A F`��e' \ i td L .1C h 09(4 , ,f fir t Shall ,A, (l fy ‘4 " �� . �+ ii�f1ai'' fi•, -'-„ � V‘ W y \` 1 . , 1 1 1 -0,..:- . ±-, ��� J �� 1 • � �. ,r J I .SC4/6 1. VIP"' Rosy, A ; v, . 1 (( 7 i 7 . v a r r _ a I i --- ----"- IAUEF 7,6 _ < T/J • RV .V \ \l I, A . c / 3 <a Safe LoCat/o� /iioyromn POOR C®i;L J Callon wood Pouf floes//ly / 1 LINCOLN COLORADO : COLORADO SPRINGS —j 700 Main S� AsPcn, Co�a ra to L) DeVO E ENGINEERS GRAND JUNCTION , PUEBLO , RS J GEOLOGISTS 1 Perm 594 PAGEYS8 SOILS DESCRIPTIONS: ROCK DESCRIPTIONS. SYMBOLS a NOTES, zt@l, uses O£SCR/RAON 504804, pESCR/Prph gr4fi0/ pfSGR/PTIOK -er, q..6-4 WAIF w erf /OGel Topsoil .o9 o. CONGLOMERATE 9/i2 Standard penetration drive ` __ Numbers indicate 9 blows to drive —Man-made Fill SANDSTONE the spoon 12"into ground. oa o.o. 0craoo GW Well-groded Gravel --_' SILTSTONE :o':000 =_- ST 2- Shelby thin wall sample 0000 oo0000oo GP Poorly-graded Gravel =°-_° SHALE 0000 --__ (r�e M F j x x x Wa Natural Moisture Content ir GM Silty Gravel x x x CLAYSTONE pr °p Wx Weathered Material °oo GC Clayey Grovel v. = COAL Win I Free SW Well-graded Sand n�. LIMESTONE 9"ore' Free water table saw ■ ii SP Poorly-graded Sand DOLOMITE YONatural dry density wan II II Ii SM Silty Sand _ MARLSTONE TB.-Disturbed Bulk Sample It MSS El ,," ' / SC Clayey Sand ee� GYPSUM Q2 Soil type related to samples in report II ML Low-plasticity Silt Other Sedimentary Rocks Clay "11`/C/\% o.rGRAN TIC ROCKS s Form. Top of formation CL Low-plasticity Cla + ++ a::: OL Low-plasticity Organic +++ DIORITIC ROCKS Test Boring Location Silt and Clay ti EI • MH High-plasticity Silt _j/ GABBRO DS)Test Pit Location CH High-plasticity Clay . RHYOL!TE `,�„ 1--71-1 r•- +Seismic or Resistivity Station. .74 OH High-plasticity Iu- ANDESITE Lineation indicates approx. Organic Clay se�^' length a orientation of spread egae (S=Seismic, R=Resistivity) Pt Peat ■ is BASALT e■iri MI GW/GM Well- graded Gravel, . TUFF Q ASH FLOWS Standard Penetration Drives are made Silty by driving a standard 1.4"split spoon %°:::: sampler into the ground by dropping a rtiP GW/GC Well-graded Gravel, a9off: BRECCIA 8 Other Volcanic= we lb.weight 30'.ASTMtest 0•:0', g Clayey des.D-1586. Gg2MU GP/GM Poorly-graded Gravel, :",,. f/- I Otter Igneous Rocks Samples may be oink,standard split P�i to S1Ity / _T44AYXIC ROC'II spoonI bath disturbed)or2.1/2"I.D. od GP/GC Poorly-graded Gravel, T CNEISS thin wall ("undist-abed") Shelby tube ,��,, Clayey '' samples,See lag for type. rll'� GM/GC Silty Gravel, SCHIST �■ Clayey .- The boring logs show subsurface conditions 1 at the dates and locations shown,ond it is ',`'A GC/GM Clayey Gravel, PHYLLITE not warranted that they are representative �•1 Silty ��, of subsurface conditions at other locations II 0 SW/SM Webb- graded Sand, yell SLATE and times. ® Silty & Pr Aa SW/SC Well- graded Sand, ://i. METAGUARTZITE V000H Ctayey SP/SM Poorly-Slty o graded Sand, oo Q. MARBL"r . Wi 1 SP/SC J �Poorly Sand, 4/. HORNFELS HONA Clayey tiffi SM/SC Silty Sand, Clayey -4 SERPENTINE !Nil`!`E ' SC/SM Clayey Sand, SI'y - �� Other Metamorphic Rocks '!'1f/e'' 0 LINCOLN COLORADO, Daorodo sprig,. Pueblo, EXPLANATION Of BOREHOLE LOGS I''IL/ CL/ML Silty Goy TC DeVOPEIGlerwmcd Sr�n.,u. ru0,nm.e, aunN>wr, {nNCaar�"r Grand unebon,-WYO.- Rack spri0pe AND LOCATION DIAGRAMS NOR 594 PAGE 989 BORING N0. I z 0 U-1 I- 0 - w - _J w ELEVATION: a Q r z I 0 -I — -- ---- r H f= r- w I- co D_ w cn cn o_ 2 g z En z z p g 0 o DESCRIPTION a x z N - M % P Very Rocky - cobbles a,.c baa/chess M- • : _ Svrtbcc soils b hewn reworked{ bar nor a 'All e - M M Cobbles are nor nests/ — Grnm(s 'r M --si&Ar/y Mo r37 / - Nr no,-ca. - 5ilrysa Dues - r A] M - &roods o•</ silt' sb..at f',11es w,}-/I cobble - _ hyi 77 / Hole raved 'teat 3 leer 10— M "MM I Gobbles ure heft Mestt./ go GoNffs/oN 1-6 - • 0 6 r Y.J• S%lsax.al / ses - - „„- N $ ,. •rr n U (� P Vend Micaceous _ "it, Hole Caste O'fleer 1S ds,., - 4A% Ej4ec 1"e Drill IQe-Ausd/ meallua, c/ws"Yy -I Apeafea- si,te i}icr cat se -TO fbvlc r_S ? - Roues,-Cobbles -coarse Gn+w-/s °era°. idri)nan/}, QvarTz r7ontOfhte ants" faI)44017 — - Ala Fite U/aTer lore.) i) Rio% - 4--2-5--98 - LOG OF SUBSURFACE EXPLORATION L' LINCOLN COLORADO: COLORADO SPRINGS- DATE 4'7589 DeVORE GRAND JUNCTION , PUEBLO , _ r ENGINEERS , GLENW00D SPRINGS JOB Na 706SZ-f GEOLOGISTS --• • BOON 594 PaGEUYO BORING NO. Z p w U — 1.= U o_ w — U. J w ELEVATION: a Z y I 0: Q H D W F 0 _—�—__- __. I- u) ti N H F-D_ 2 w 2 v) w Z w N ,in DESCRIPTION a cc z a 2 �U - R R6w'ORKED OM .50/tme.E -- /l/or Fitt_ - p, I .' - 0 A M Y ock Y - ME PI UH l �,Vt„ y - -�i M M cS/5-/c-Ty SD LaNsas- rN N - II ' ' 2.S%S— M slry SAND /' c5j- Oct_ H/her (LAYS - %z - I A ! - grave,/ gad CoA6/e S: td - 1411-act - - t; M - IncF of ,7 9ns+ls - - D 0 U - a� S,s->y SANG /-eNSas 5/, Are - 9 Y Mo,sr 7a mom sy )0— r r Hole Caved 7 ' 3-17,- 3.� RocKs- . occ - I - oss,onal S/LTy iAHDS 1/6RY /lic c�ous r0 M mAor clays — very /Owp/atria - meoliunr doh-ills/ - _ h yM I/o (di/Es/oN 2'p8LFy 4ND dcULD$KS - Gro�,.4(S - IS- N0 ' throb-14.n desrsn'y — nor h•es77-d Inc sY _ R-6� Pole C.i,ed /7 749-74 hr,cacea-as >4,hes - - J N o FIQEs 14/,17- /N M ne — - 4-'L3--8 LOG OF SUBSURFACE EXPLORATION L' LINCOLN COLORADO: COLORADO SPRINGS , DATE 4_L 89 DBVORE GRAND JUNCTION , PUEBLO , ENGINEERS • GLENW00D SPRINGS GEOLOGISTS JOB NO. /416-5-7- 3- POnN 594 FRGE 991 z BORING NO. 3 0 w U 1- U a w - U.- -J w ELEVATION: a s > � z I m Ja - — — - I- n I- - r w a s 2 Z w Z - Z w > �< DESCRIPTION �_ a CC z o g O A GRRSs- flUKK S,Lry CLAY - Wsr P r - i t _ Cobbles- silty Sand "filer- me d ia•n. cians15- 5- M'• I+ _ wr(Aar cloys - mica - moist' ra very moist - _ . . lhcre45-417 0lsy sands - more mica, - mo,-r -I% 59„/ 3_1% rillOt_ 2 saiii C _ Sn<r•errn.y Co Wei - /VO Cohesion - ow is-r- - - r 1,1 In - Si by sw. -1 A(h ES mfrs../ graves - - B 0 P - Tbv7, Leases of silty s.,.,.44 - n, n✓r clays -•■ • P Meo/i�c.,, , - - 1 -,„,-y �nc-eanky ik/.� 4,9y ;O— C n No e.2)4 e57-0-,, // le ctn'em Sy4ee7 ' S .' _ I % •j INcre4rik� Cad Passible Baa/hers - - bile Ned a., o/e-n5,`$y = 4-•�� Is— — - Ala FibE !1441-ec /,y eke 4- 2 -99 _ l — _ LOG OF SUBSURFACE EXPLORATION LINCOLN COLORADO: COLORADO SPRINGS , L' DeVOR E GRAND JUNCTION , PUEBLO , DATE 4-1-5--,99 ® ENGINEERS • GLENWOOD SPRINGS JOB NO. 7Q6SZ.-.T GEOLOGISTS _ __ _ _ __ eons 594 PAGE 992 Soil Sample SP/s/il Poorly &rodeo/ SonJs S,'/fy Test No. 706.5-2 Project Co ffer'waail?a Pit Housing Date S- /0 • 89 Sample Location 2e /A' Test by /70.3 GRAVEL SAND SILT TO CLAY _Coarse I Fine Co. I Medium Fine -Nonplastic to Plastic M 190 III `,VIII - - 1. ®IIII -_-_- 11--- mu: -I H 111� 11III !11 1� ®IIII - -- EMI II11C , 111 I{II _ 1111: - , I — 1III II11I V. 1111 III � _ ! _ 111® 40 . Irinn u 30 11■IIII n11s� � I II1i1® a ?0111�IIIii ME ilk I III - „ III 0lI1 � II I , ■ hi an n---, 100 1 I 0 I 1J 1 P� . 0 . 101 liarie�c�r- (t j 1±2" �4" ja " 44 410 420 &11) #100 *200 - Sieve No. Sieve Size % Passing Sample No._ I _ ` -- — 1 1/2 " Specific Gravity 1 " 3/4" loo.0 Moisture Content 2, 69> 1/2 " 59.4 3/8" 84.4 Effective Size 4 7/.4 10 SS2 _ Cu 43.33 20 39.7 40 2 7.9 Cc /48 100 /6. 6 200 /1.4 Fineness Modulus TO°e e9' •— 0200 L.L. /9.8 % P.I. T.Vio % BEARING—_ pnf Sulfates _ _ _______ ppm GRAIN SIZE ANALYSIS ) D eVORE COLORADO :JU TON ,COLORADO SPRINGS ///rrr"' GRAND JUNCTION , PUEBLO � ENGINEERS GLENW00D SPRINGS f--- GEOLOGISTS 1 RooK 594 R GF993 Soil Sample SM 3//fy Sands Test No. 706 ,52 I Project Cof/anwoad /'aiK Housing Date 31/0 -89 Sample Location T9 '013m 4' Test by 00. $ GRAVEL SAND SILT TO CLAY ,Coarse Fine Co. I Medi-um Fine Nonplastic to Plastic • " 80 IkiiIiir "I'iIit ; � I 11111�C 1I1C0__ 1II 1E115 z 5> r! I { L ; ;—� 1 1 11111®® ti 301111111N 11111 I L. 111 I_ 1 I111111® — i 17 _ NI 1II1111C= 1 411 11 a _ }111 1 l� 1 _ , mll 0 I I Djameker- (1 p1I 11/2" Y4" " #4 #10 4420 040 SEX) #200 - Sieve No. Sieve Size % Passing Sample No. z 1 1;2 " Specific Gravity 1 " /00,0 3/4" 8S. 8 Moisture Content 3. / Z. 1/2 " 70.2 3/8" 6,3/ Effective Size 4 56. 9 10 46.0 Cu /0.0 20 34.0 40 23.8 Cc /. 0 100 /6.4 200 /2. 7 Fineness Modulus 0200 L.L.___% P.I.-__ ' BEAPIEG_ psf Sulfites_ ---- ---PPm LINCOLN COLORADO : COLORADO SPRINGS GRAIN SIZE ANALYSIS L J DeVOR E GRAND JUNCTION , PUEBLO , ENGINEERS GLENWOOD SPRINGS �----- GEOLOGISTS POOH 594 P, GE994 Soil sample 6'P/647 Foor4 6roJ-r/ Grave/ S///y Test No. 7065.E Project COftenwoad /-2o7k h'0us;�79 Date_. 5-.30 89 Sample Location 7/3 " / C :'5 Test by /i. 0 S __ GRAVEL SAND SILT TO CLAY Coarse [ Fine Co. IMeui.u' -- Fine Nonplastic to Plastic mm"111111.11 1 TIM IIIIiia 1 { { I illanall p 60nnazi: 1j f. _ i -MIN tz 60 1 , E1IIIILiIIiITh nhII�k ... ! k ;!kJ! !ill - 1- . it: i _+____ uommais 0 30 a num Ian ., ,.4.. .:41. , , , ,. , r i H. _ _ I o uni11 1 I _ 1 r , f yL. I }t { f INNS" 100 I 1 0 ! 11 pa . 0 . 101 D_ ano er- (rn ) 11/2" 1/4" 1/24"" #4 #10 4x20 4140 4+103 #200 - Sieve No. vew. . .. - Sieve Size % Passing Sample No. 3 ^— 2" 0J. 0 1 1/2 " 798 Specific Gravity 1 " 79.8 3/4 " 74.7 Moisture Content _4.47 1/2 " 65/ 3/8 " 58.¢ Effective S.ize _ 4 450 10 36.0 Cu /83. 33 20 227 — — 40 /6.9 — Cc 297 100 — /d / 200 /27 Fineness Modulus _ 0200 L.L. /.9 4 i . Nw it, BEARING— -- pbf Sulfates —— —. ---ppm lLINCOLN COLORADO : COLORADO SPRINGS GRAIN SIZE ANALYSIS I DeVOR E GRAND JUNCTION , PUEBLO , ENGINEERS GLENW000 SPRINGS ,--- GEOLOGISTS _. 1 eofV; 5f34 eiGE995 EXHIBIT C OCCUPANCY DEED RESTRICTION AND AGREEMENT CARETAKER EMPLOYEE DWELLING UNIT THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agreement") is made and entered into this day of June, 1989 , by and between John A. Elmore II and Lionel Yow (hereinafter referred to as "Owner") and the Aspen/Pitkin County Housing Authority, a Colorado corporation (hereinafter referred to as the "Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq. and the City Council of Aspen. W I T N E S S E T H: WHEREAS, Owner owns real property more specifically described on Exhibit A attached hereto and incorporated herein (the "Real Property") . For purposes of this Agreement, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property") ; and WHEREAS, the Property shall contain twelve (12) free- market dwelling units, five (5) accessory caretaker units and three (3) affordable resident dwelling units, two of which will be one- bedroom units, and one of which will be a two-bedroom unit (collectively, these three units shall be known as the "Affordable Residential Units") ; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the Use and Occupancy of the Affordable Residential Units to residents and their families who are either employed by the Owner or who are residents of Pitkin County and fall within the Housing Authority rental/sale price and resident qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the sum of Ten ($10. 00) Dollars and other good and valuable consideration, paid to the Authority by the Owner, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto as follows: 1) The Owner hereby covenants that the Affordable Residential Units described above shall at all times be limited to housing for qualified employees of the Owner or for those individuals who are employed in Pitkin County and who meet the definition of "qualified low-income residents" in accordance with guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The Owner of the Affordable Residential Units shall have the right to lease the units to a qualified employee of the Owner's selection. Such individual may be an employee of the Owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified low-income resident. 5 4 Pn,GEY66 2) Written verification of employment of person(s) proposed to reside in the Affordable Resident Units shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and must be acceptable to the Housing Authority. If the Owner does not rent the employee unit to a qualified low income resident, the unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3) The one-bedroom Affordable Residential Units are limited to occupancy by not more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, residents of the community as referred to above. 4) Lease agreements executed for occupancy of the Affordable Residential Units shall provide for a rental term of not less than six consecutive months. 5) Should the Owner determine that the Affordable Residential Units will be offered for sale, the sales will be made in accordance with the Housing Authority Guidelines in affect at the time of the sale. 6) These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, and the City of Aspen, their respective successors as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non- complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: NAME: Mailing Address: ecnR 594 fac_YY7 STATE OF SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal. My commission expires: ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by The Aspen/Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO BY: Mailing Adress: 130 South Galena Street Aspen, Colorado 81611 STATE OF COLORADO ) SS. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal . My commission expires: Notary Public c: \jeh\re\occ89 . fm L'o[w 5 9`4 °AGE9J 7 EXHIBIT A A parcel of land situated in the SE; SW1 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75°09'11" E 150. 00 feet along the North line of said Block 21; Thence departing said line S 59 ° 18'00" E 56. 37 feet; Thence S 50°14 '11" E 118 .32 feet; Thence S 52 °57'39" W 47 . 02 feet; Thence S 49°58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14 °50'49" W 100. 00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75°09!11" W 2 .31 feet along the South line of said Block 21; Thence 62.88 feet along a curve to the right having a radius of 868 . 51 feet (the chord of which bears S 10° 18'25" E 62 .87 feet) ; Thence 145.72 feet along a curve to the left having a radius of 176. 18 feet (the chord of which bears N 51°27 '27" W 141. 60 feet) ; Thence N 75° 09'11" W 164 . 75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14 °50'49" E 220. 00 feet along the West line of said Block 21 to the point of beginning.