HomeMy WebLinkAboutordinance.council.040-1993
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ORDINANCE NO. 40
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL
EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE MAROON
CREEK RANCH SUBDIVISION AND ASSOCIATED AREAS.
WHEREAS, section 11.3 of the Home Rule Charter for the City
of Aspen provides that the extension of municipal water lines
beyond the city's boundaries to provide extraterritorial water
service shall only be approved by City Council by ordinance; and
WHEREAS, section 23-S6{b) of the Municipal Code provides
that any extraterritorial provision of municipal water services
beyond the city's boundaries shall only be undertaken pursuant to
a written agreement between the city and the person or entity
desiring municipal water service; and
WHEREAS, a request for municipal water services has been
submitted to the city by Pearce Equities Group II Limited Liabil-
ity Company, Arthur O. and Elizabeth H. Pfister, the SEP and CDP
Residence Trusts, and the Aspen Skiing Company to serve that
subdivision development project and associated areas situated
outside Aspen's municipal boundaries commonly referred to as the
Maroon Creek Ranch; and
WHEREAS, the Board of County Commissioners for Pitkin County
has granted land use and development approvals for the Maroon
Creek Ranch project; and
WHEREAS, a water service agreement has been prepared and
proposed specifying the nature and extent of municipal water
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services to be provided to the Maroon Creek Ranch project and
associated areas; and
WHEREAS, the City council finds the proposed agreement to be
consistent with the terms and requirements of the Municipal Code
and municipal water management policies as adopted by the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the Water Service Agreement between the City of Aspen
and Pearce Equities Group II Limited Liability Company, Arthur O.
and Elizabeth H. Pfister, the SEP and CDP Residence Trusts, and
the Aspen Skiing Company, for the extraterritorial extension and
delivery of municipal water services to that development and
associated areas commonly known as the Maroon Creek Ranch, a copy
of which is attached hereto and fully incorporated herein as
Attachment 1, be and is hereby approved and the Mayor and the
city Manager are authorized to execute same on behalf of the
city.
section 2
This ordinance shall not have any effect on existing litiga-
tion and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
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section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
section 4
A public hearing on the ordinance shall be held on the -2~
day of
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, 1993, in the City council
Chambers, Aspen city Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the
City Council
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John S. Bennett, Mayor
of the city of Aspen on the /~
day of
, 1993.
FINALLY adopted,
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passed and approved this e:z b
day of
, 1993.
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John S. Bennett, Mayor
ATTEST:
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MEMORANDUM
DATE:
July 20, 1993
TO:
Mayor and City Council
Jed Caswall, City Attorney~
Ordinance No. 40 (Series of 1993) -- Proposed Water
service Agreement for Maroon Creek Ranch
FROM:
RE:
The above-noted ordinance is back before you for second reading,
public hearing and final adoption at your July 26th meeting,
Council having passed the matter at first reading on July 12th.
During first reading, Councilperson Paulson asked the developer!
applicant for water services to respond to approximately 20
questions at the public hearing scheduled for the 26th, most of
which were not directed to water or water-related issues per se.
The developer has indicated that he will respond to such ques-
tions during the hearing.
In addition to the issues as framed by Councilperson Paulson's
questions, Council must also address the Public Works and Water
Department's request that the water storage tank to be built by
the developer to serve the Maroon Creek Ranch development be
upsized from 675,000 gallons to 1 million gallons. The developer
has indicated a willingness to accommodate an upsizing of the
tank so long as the City assumes 100% of the incremental cost
associated with the tank expansion. The Public Works Director's
memo on this subject is attached hereto. (The initial memo as
prepared by this office introducing the proposed water agreement
is also attached hereto to refresh Council's recollection of the
project.)
One minor amendment to the water service agreement has been made
at the request of the Ski Co. On page 16 at paragraph 32j, the
last sentence has been added regarding annexation.
section 11.3 of the City Charter provides that the extension of
municipal water lines beyond the city's boundaries to provide
extraterritorial water service must be approved by ordinance.
section 23-56(b) of the Municipal Code states that the extrater-
ritorial extension of water services must be executed by written
agreement. Adoption of Ordinance No. 40 will authorize the
delivery of municipal water services to the Maroon Creek Ranch
development.
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MEMORANDUM
TO:
Jed CaswaIl
fL1ii
FROM:
Robert Gish
DATE:
July 21, 1993
RE:
Ordinance 40 (Series of 1993)
Proposed Water Agreement for Maroon Creek Ranch
-----------------------------------------------
-----------------------------------------------
Larry Ballenger and I have reviewed the proposed Water Service Agreement and the
preliminary engineering drawings. We will attend the public hearing on July 26, 1993 to
answer any questions which may be directed to the Water Department.
In anticipation of specific questions which may be directed to City staff, we have answered
the following questions asked at first reading.
Is there a separate water meter for the golf course? The answer to this question is yes.
The development will have separate meters for each facility using city water. Paragraph
16 of the Water Agreement makes provisions for the use of treated water for the golf
course irrigation in the case of an emergency on a temporary short term basis. This
connection will also have a meter.
How will money owed to the City of Aspen by the previous owner be paid? The $700,000
capital investment made by the City of Aspen will be recovered by the collection of Water
Tap Fees. The Maroon Creek Development Agreement allows approval to use a
maximum of 550 ECU's of municipal water at $8,060.00/ECu. At full projected
development, the City of Aspen has the potential to collect $4.43 million dollars in Water
Tap Fees from the Maroon Creek Ranch Project. There is also potential for additional
Water Tap Fees from the approved Eagle Pines Development and the West Buttermilk
Homeowners have expressed an interest in connecting on to the system.
As part of the approved Water Service Agreement, the Maroon Creek Ranch
Development will deed over certain infrastructure, a water tank, pump station
modifications, easements and system development improvements at no cost to the City of
Aspen. City staff estimates that these improvements will have a value of approximately
1 million dollars.
Concern about Maroon Creek water levels. The use of water out of Maroon Creek for
domestic purposes will not have an adverse effect on the water levels. The Water
Department has the option of pulling raw water for domestic use from either Castle Creek
or Maroon Creek.
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J ed Caswall
July 21, 1993
Page Three
The tank site proposed for the Maroon Creek Ranch project is completely underground
and after the vegetation has returned will not be highly visible from the Owl Creek
corridor or adjacent properties. The tank site is much more sensitive to the environment
than the tank site proposed in 1990. The upsizing of the tank in the proposed location
would potentially eliminate the installation of additional tanks in the same vicinity to serve
future water service agreements as the existing West Buttermilk Homeowners Association.
SUMMARY: The Public Works Department is recommending that City Council approve
the concept of upsizing the tank from 650,000 gallons to one million gallons. The funding
to upsize the tank is estimated by the developers in the range of $150,000 - $180,000 and
would be taken from the Water Fund. City staff will review the actual costs with the
developer and return to City Council for approval of the actual funding required to upsize
the tank.
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WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT ("Agreement") is entered into
this:21.o day of ~- ""y , 1993, in Aspen,
Colorado, between th City of Aspen, Colorado, a municipal
corporation and home rule city (hereafter "City"), and Pearce
Equities Group II Limited Liability Company, a Utah limited
liability company (hereafter "PEG II"), and Arthur O. Pfister,
Elizabeth H. Pfister and the SEP Residence Trust and the CDP
Residence Trust, Colorado Trusts (together hereafter "Pfister"),
and the Aspen Skiing Company (hereafter "Company").
WIT N E SSE T H
WHEREAS, PEG II owns, leases or holds an option to own or
lease certain real property comprising approximately 369 acres
situated in pitkin County (and more specifically described on
Addendum "A" attached hereto and fully incorporated herein) upon
which it seeks to construct a residential development and golf
course project generally consisting of forty-three (43) single-
family free-market homes, thirty-seven (37) free-market town-
homes, forty (40) affordable residential housing units (39 multi-
family rental units and 1 single-family sale unit), and expand
the existing Maroon Creek Club, f/k/a the Grand Champions Club,
including the construction of an 18-hole championship golf course
with supporting facilities (the "Project Property")i and
WHEREAS, PEG II holds an option to purchase a certain
portion of the Project Property from Arthur O. and Elizabeth H.
Pfister, more particularly described in Addendum "B" attached
hereto and fully incorporated herein (the "Pfister Property I"),
which will be conveyed to PEG II should PEG II exercise its
option to purchase same; and
WHEREAS, PEG II and Pfister seek to obtain municipal water
services from the City for the development of the Project Proper-
ty, inclusive of the Pfister Property Ii and
WHEREAS, Pfister also owns other property in the vicinity of
the Project Property as more particularly described in Addendum
"C" attached hereto and fully incorporated herein for which
potable water service is desired from the City (the "Pfister
Property II")i and
WHEREAS, the Company will own Lot 49 within the Project
Property for which potable water service is desired from City
(the "Company Property"); and
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WHEREAS, this water service agreement (the "Agreement") is
designed and intended to comply with the water service extension
policies as adopted by the City through the passage of Resolution
No.5 (Series of 1993), as amended June 28, 1993 pursuant to
Resolution No. 49 (Series of 1993).
NOW, THEREFORE, in consideration of the premises, mutual
promises, and covenants contained herein, the parties agree as
follows:
PURPOSE OF AGREEMENT
1. Replacement of Prior Aoreements. This Agreement super-
sedes: (1) the defunct water service and raw water agreements
dated July 9, 1990, among the City, MCDC, and Pfister; (2) and
paragraphs 9, 12, 13, 14 and 15 of the Amended Agreement between
Arthur O. Pfister and Elizabeth H. Pfister and the City of Aspen,
recorded with the pitkin County Recorder on February 3, 1984, at
Book 460, page 373-83 (Reception No. 257066) (the "Amended
Agreement"); (3) and the entire Agreement between Arthur O.
Pfister and Elizabeth H. Pfister and the City of Aspen dated
August 8, 1982, and recorded with the Pitkin County Recorder at
Book 431, pages 617-626; (4) and that certain Water Main Exten-
sion and Service Agreement dated September 30, 1985, between the
City and Owl Creek Development Corporation, a predecessor in
interest to PEG II, to the extent the provisions of such agree-
ment have not been fully performed or are inconsistent or con-
flict with the terms of this Agreement. Notwithstanding the
above, nothing herein shall be construed to vacate any easements
as provided City under the terms of the agreements as identified
in this paragraph, except as specifically provided for in this
Agreement.
2. Water Service to Proiect and proiect Property. The
City hereby agrees with PEG II to provide potable water service
to the Project and the Project Property, inclusive of Pfister
Property I, under the terms of this Agreement in such quantities
and to the extent herein provided so as to serve the structures
and uses as authorized by Pitkin County under the approvals as
granted in PEG II's detailed final plat submission for the
Project (see Addendum "D"). Subject to the terms of paragraph 17
below, the City shall provide potable water service to the
Project and the Project Property not to exceed 550 ECUs ("equiva-
lent capacity units") under this Agreement; provided, however,
that the maximum volume of treated water the city shall be
required to provide to the Project and the Project Property under
this paragraph shall not exceed 185 acre-feet/year. Subject to
the terms of paragraph 17 below, the structures and uses as ap-
proved for the Project and Project Property may be served without
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CONSTRUCTION BY PEG II
5. Mains, Lines and Facilities. PEG II and/or Pfister
will design and construct the water transmission and distribution
mains, associated facilities and internal distribution lines for
the Project, the Company Property, and Pfister's Properties, in
accordance with and subject to the City's design, material and
construction specifications and approval, and at PEG II's and/or
Pfister's own expense; provided, however, that to the extent the
city desires any mains or facilities with capacities larger than
necessary to meet the needs of the Project or Pfister's Proper-
ties, the City will be responsible for the incremental cost of
such enlarged or additional mains or facilities. "Incremental
costs" shall be defined as the difference between the total cost
of a particular facility designed and constructed solely to meet
the needs of the Project and/or Pfister and the total cost of
such facility as enlarged at the City's request.
6. Preconstruction Exhibits. The following exhibits
concerning the Project have been prepared by PEG II and/or
Pfister and have been reviewed and relied on by the City in
entering into this Agreement.l
Exhibit A. A description of the water mains and relat-
ed facilities required for the Project;
Exhibit B. A map (schematic) of the water mains and
related facilities required for the Project;
Exhibit C.
water mains
pursuant to
Schedule for completion of the Project
and associated facilities to be constructed
this Agreement as approved by the City;
lThe parties acknowledge that PEG II and Pfister have not at
the time of the execution of this Agreement prepared and submit-
ted to city detailed design drawings for the Project water
transmission and distribution mains, internal distribution lines,
storage tanks and/or other related facilities. Additionally,
meaningful cost estimates for the construction of the water
system have not yet been calculated. City retains the right and
discretion to have submitted to it for review all design drawings
and cost estimates for all water lines and facilities prior to
the construction of the water system. Furthermore, and as
provided in paragraph 5 of this Agreement, all design, materials
and construction specifications for all water lines and water
system facilities must be approved by the City prior to construc-
tion and/or installation.
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tion mains, lines and associated facilities in accordance with
the plans and specifications and the construction schedule.
9. Fees. PEG II and/or Pfister shall be responsible to
timely pay all fees imposed by the City in connection with
reviewing and approving this Agreement, the design drawings and
construction plans, as well as construction inspection and review
fees, which fees shall be charged to PEG II on the same basis as
they are charged to other parties similarly situated to PEG II.
PEG II and/or Pfister shall also be responsible for acquiring and
paying for all permits and permit fees from entities other than
the City, such as pitkin County and/or other regulatory agencies,
necessary for construction of the water transmission and distri-
bution mains, lines, and associated facilities.
10. Inspection of Construction. Construction must be in-
spected by the city's engineers or other designated personnel
prior to burial or final installation. PEG II and/or Pfister
shall give the city reasonable advance notice when the mains,
lines and/or associated facilities are ready for burial or
installation, and the City'S engineer or agent shall inspect said
mains, lines and/or associated facilities within 24 hours of said
notice.
11. Testinq - Convevance. Upon completion of construction
and before any water is delivered pursuant to this Agreement, all
distribution and transmission mains and all associated water
lines and facilities shall be tested and, upon approval by the
city, conveyed (excluding individual service lines) with all
necessary non-exclusive easements to the City, free and clear of
all liens and encumbrances, excepting liens/encumbrances securing
financing for the Project, by deed in a form acceptable to the
city Attorney. Performance and payment bonds provided by PEG II
and/or Pfister pursuant to paragraph 7 above shall be reduced for
that construction successfully completed and accepted by the City
in the same proportion to that fraction the numerator of which is
the cost of the construction successfully completed and accepted
by the City which is not attributable to enlarged or additional
facilities requested and paid for by the City, and the denomina-
tor of which is 100% of the water service system construction
costs (less those incremental costs for enlarged or additional
facilities to be borne by the City). The maintenance bond(s)
required by paragraph 7 above must be in place reflecting actual
construction costs prior to the City's acceptance of any line or
facility.
12. Relocation of Lines and Mains. The City agrees that
PEG II, the Company and/or Pfister shall be entitled to relocate
the water mains and appurtenant facilities crossing the Project
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MAINTENANCE AND REPAIRS OF LINES
14. Maintenance and Repair of Water Lines. To the extent
reasonably possible, the future maintenance and use of the
easements as provided for and described in this Agreement by the
City shall not interfere with any lawful use of Pfister's Proper-
ties, the Project, or the Project Property. The city acknow-
ledges that PEG II plans to build a championship golf course on a
,portion of the Project and the Project Property and that land-
scaping is an important element to the operation of the golf
course. The City, therefore, shall use its best efforts to
maintain and/or restore the original contours of any disturbed
golf course areas within 30 days of any installation, construc-
tion or repair of the water mains or associated facilities. All
repairs (other than emergency repairs) and maintenance of lines
or facilities located on the golf course shall be limited to the
fall or spring and, preferably, to times when the golf course is
not open for use, and shall be undertaken in a manner to mini-
mize, to the extent reasonably possible, disruption of the golf
course.
WATER SERVICE
15. Use of Water. The potable water to be delivered by the
City pursuant to the terms of this Agreement may be used for all
lawful purposes, including but not limited to in-house domestic
uses, fire protection, swimming pools and the normal outside
irrigation of trees, lawns and gardens, not to exceed 5,000
square feet per residential unit. All water use will be consis-
tent with the city' Water Policy Resolution (Resolution No. 5 (as
amended) (Series of 1993)) and water conservation ordinances.
16. Water Use on Golf Course. Notwithstanding the provi-
sions of paragraph 15 above, PEG II agrees that the golf course
will be irrigated with raw water only, provided, however, that in
the event delivery of raw water to the golf course must be
suspended due to unanticipated and/or unavoidable damage to the
raw water delivery system serving the golf course, PEG II may use
potable water for golf course irrigation on a temporary short-
term emergency basis so long as: (I) the City is able to meet all
of its other water service commitments at the time potable water
is needed for such irrigation; (2) the physical connection
between the potable water system and the irrigation system is
approved by the city; (3) the use of the potable water system to
irrigate the golf course is only made at such time and in such
manner as approved by the City Water Department; (4) the service
is metered and paid for at the current and applicable billing
area rates; and (5) such potable water is used only for temporary
emergency purposes in quantities no greater than needed to
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payment of the appropriate tap fee and any applicable hookup
charges. Tap fees and hookup charges shall be paid at the time
of building permit issuance.
20. service Line Meters. Each service line shall be me-
tered in accordance with the Code at the sole expense of PEG II
or Pfister or their successors, as the case may be.
21. Limitations on Provision of Water Service. This
Agreement is only for the supply of potable water service as
herein described and no expansion of uses, connections, or water
services beyond those set forth herein and in the addenda and
exhibits hereto is in any way authorized by this Agreement. The
city is not by this Agreement prejudging, certifying or guaran-
teeing its ability to provide potable water service to any use or
structure other than as provided herein, nor may this Agreement
be used as evidence of approval of any land use requests, or as
evidence of approval of water service for any land use request,
except as provided herein.
22. Service Sublect to City Charter, Codes, Rules, Requla-
tions and Policies. PEG II and Pfister shall be bound by, and
all water service provided hereunder shall be subject to, all
applicable provisions of the Charter of the City of Aspen and the
Aspen Municipal Code. PEG II and Pfister shall also be bound by,
and all water service provided hereunder shall be subject to, all
applicable rules, policies or regulations of the City now in
effect or as may be hereafter adopted, except that to the extent
such rules, policies or regulations conflict with this Agreement,
the terms of this Agreement shall govern.
23. Responsibility for Payment of Water Rates. In no event
shall PEG II or Pfister be responsible for the payment of water
rates for the delivery of water to property other than that
property which they lease or to which they have title at the time
of water delivery.
24. Rules Requlatinq Water Use. PEG II and Pfister agree
to adopt all provisions set forth herein as the rules and regula-
tions governing the use of water on the Project, the Project
Property and Pfister's Properties and agree that this Agreement
shall be recorded as covenants running with the land and shall be
as fully enforceable on the Project Property and Pfister's
Properties as if the same were situated inside the City. PEG II
and Pfister also agree to assist the City in every manner reason-
ably possible to enforce City rules and regulations made to
protect purity, safety and supply of the water delivered pursuant
to this Agreement, including curtailment during times of short-
age, elimination of any potential cross-connections, and the
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Agreement by the disconnection of the supply of water provided
hereunder. Additionally, in the event that PEG II, or Pfister,
or any user who has purchased or leased a portion of the Project,
the Project Property, or the Pfister Properties, violate the
rules, policies, regulations or ordinances of the City, the City
shall have all remedies available to it at law or equity, or as
provided in the Municipal Code of the city of Aspen. Should any
person or entity violate the terms of this Agreement (other than
by non-payment of water service charges), the city, except in
cases of emergency as determined by the city, shall give prior
written notice to the violating party specifying the grounds upon
which the City believes a default or violation has occurred. The
violating party shall then have 30 days from the receipt of said
written notice to cure the default or violation (except in cases
of emergency); or in the alternative, if the default or violation
by its nature cannot be cured within said 30 days, the violator
shall initiate action to cure said default or violation within
said 30 days and shall act with due diligence to complete the
cure of said default or violation within a reasonable period of
time thereafter. In all events the City shall be free from any
liability arising out of the exercise of its rights under this
paragraph. Notwithstanding the above, in no event shall a
violation by any user who has purchased or leased a portion of
the Project and/or the Project Property or Pfister's Properties,
as the case may be, provide a basis for the termination of this
Agreement as the same relates to any other non-violating party or
its property, nor shall said violation provide any basis for
turning off or disconnecting the supply of water to any non-
violating party or its property.
TERMINATION
29. Termination by Aareement. Except as provided to the
contrary herein, this Agreement shall only be terminated in
writing by mutual agreement and the term of this Agreement shall
continue until such termination.
30. Termination if Illeaal. The parties agree, intend and
understand that the obligations imposed by this Agreement are
only such as are consistent with state and federal law and the
Aspen Municipal Code. The parties further agree that if any
provision of this Agreement becomes in its performance inconsis-
tent with the Code or state or federal law, or is declared
invalid, the parties shall in good faith negotiate to modify the
Agreement so as to make it consistent with the Code or state or
federal law, and if, after a reasonable amount of time, their
negotiations are unsuccessful, this Agreement shall terminate.
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e. The provisions of paragraphs 31 and 32, upon
recording with the Pitkin County Recorder, shall be covenants
running with Lot 49 and shall be as fully enforceable on said
property as if said property were situated inside the City;
f. The Company shall assist the city in every manner
reasonably possible to enforce city ordinances, rules and regula-
tions made to protect purity, safety and supply of the water
delivered pursuant to paragraphs 31 and 32, including curtailment
of water during times of shortage, elimination of any potential
cross-connections, the utilization of water conservation devices,
and prohibition of all unreasonable or unnecessary waste of water
(as defined in the Code) on the property served pursuant to
paragraphs 31 and 32;
g. The Company agrees that all water furnished to it
under paragraphs 31 and 32 is on a contractual basis only for use
at the ticket office/restroom facility on Lot 49, that all
property rights to the water so furnished are reserved to the
City, that such water service does not include any right to make
a succession of uses of such water, and, upon completion of the
primary use at the ticket office/restroom facility, all dominion
over the water so furnished reverts completely to the City;
h. Subject to the prohibition against waste and any
other limitations on water use imposed herein, the Company has no
obligation under this paragraph to create any particular volume
of return flow from the water delivered hereunder, provided,
however, that the Company shall cooperate with the city in
measuring and reporting return flows to the extent such measuring
and reporting are required by the Colorado state Engineer or his
agents;
i. The Company acknowledges that the City has the
right to enforce its rules, policies, regulations, ordinances,
and the provisions of paragraphs 31 and 32 by disconnection of
the supply of water provided to Company hereunder, and that if
the Company violates any such rules, policies, regulations, or
ordinances, the City shall have all remedies available to it at
law or equity or as provided in the Municipal Code of the City of
Aspen, provided, however, that, no violation by any water user
who owns or leases any or all of the Project Property or the
Pfister Properties shall provide a basis for the termination of
water service to the Company as provided for in paragraphs 31 and
32;
j. The Company, upon the request of the City, and at
the city's sole discretion, shall petition for and/or consent to
annexation of Lot 49 to the City of Aspen at such time as deter-
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in interest to commence and complete annexation for their respec-
tive properties as herein required shall authorize the City to
commence and/or complete such annexation on their behalf, in
which event the City shall charge, and PEG II, Pfister and/or
their successors shall pay, all costs and fees associated with
such annexation of their respective properties.
34. No Public utility status. The parties agree that by
this Agreement the City does not become a public utility com-
pelled to serve other parties similarly situated. Pfister and
PEG II agree that neither they nor their successors or assignees
shall at any time petition the Colorado Public utilities Commiss-
ion to acquire jurisdiction over any water rate set by the City.
The parties agree that in the event the City is held to be a
public utility by virtue of the Agreement, the Agreement shall
terminate and be of no further force or effect.
35. No Waiver. Failure of a party hereto to exercise any
right hereunder shall not be deemed a waiver of any such right
and shall not affect the right of such party to exercise at some
future time said right or any other right it may have hereunder.
36. Notices. All notices hereunder shall be given in
writing by mail at the following appropriate address of the
party, postage prepaid:
city of Aspen
c/o City Manager
130 South Galena street
Aspen, Colorado 81611
cc: City Attorney
130 South Galena Street
Aspen, Colorado 81611
PEG II
Pearce Equities Group II Limited Liability Company
c/o Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
cc: Kirk B. Holleyman, Esq.
730 17th street, Suite 730
Denver, Colorado 80202
17
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39. Amendments - Assiqnments. Neither this Agreement, nor
the right to receive water service hereunder, may be amended or
assigned without the written consent of the parties hereto.
Consent to amendments shall not be unreasonably withheld so long
as any proposed amendment does not SUbstantially increase the
level of water service (total acre feet) or ECU limit as provided
for in the Agreement. The city must approve in writing any
assignment of part or all of the rights of Pfister or PEG II
hereunder, and shall have the right to fully investigate any
assignee, and may decline to approve any assignment in its
reasonable discretion. Any transfer of ownership or control of
PEG II which results in majority control or ownership passing to
anyone other than James T. Pearce, Jr. (member of PEG II), or an
entity not wholly owned and controlled by James T. Pearce, Jr.,
shall be deemed an assignment subject to this paragraph. PEG II
or Pfister may collaterally assign its rights and interest under
this Agreement, in whole but not in part, to any,lenders as part
of a secured financing or refinancing by PEG II or Pfister,
respectively. After delivery of notice to the City of any such
collateral assignment, such lenders and their assigns shall have
a right to written notice of default and the right, but not the
obligation, to have a reasonable opportunity to cure any default
by PEG II or Pfister, as the case may be. If any such lenders or
their assigns shall succeed to PEG II or Pfister's interest under
this Agreement, such lenders or their assigns shall assume the
burdens and obligations of PEG II or Pfister, as the case may be,
as of the date such lenders or assigns acquire title to any
property covered under this Agreement. Any consent to a previous
assignment or amendment shall not be deemed as a consent to any
subsequent assignment or amendment. Furthermore, any attempted
assignment by Pfister or PEG II, or any assignee or successor of
either, in violation of this paragraph shall render the Agreement
void.
40. Total Aqreement. Except as otherwise provided for
herein, this Agreement, including its addenda and exhibits,
supersedes and controls all prior written and oral agreements and
representations of the parties and is the total integrated
agreement among the parties governing the matters as provided for
herein.
41. Interpretation. Neither the titles to this Agreement
nor the recitals appearing prior to paragraph 1 of this Agreement
shall be used to alter the meaning of this Agreement and in the
event of a conflict, the terms and conditions of the numbered
paragraphs shall govern.
42. Bindinq Aqreement - Recordinq. This Agreement is
binding upon the parties hereto, their successors and assigns,
19
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APPROVED AS TO FORM:
~~_--,Vl . t~~(~
Edward M. Caswall, Esq.
city Attorney
PEARCE EQUITIES GROUP II
LIMITED LIABILITY COMPANY
A Utah Limited Liability Com-
pany
B'?} 7;;;L< ~l
Y'~s T. Pearce, r.
P~~~~Je"L M ~_IS~/Z-
APPROVED AS TO FORM:
. fl. & Il
~Ileyman~.
Hawley & VanderWerf, P.C.
ARTHUR O. PFISTER AND
ELIZABETH ~. PFISTER
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t~~ 0 (})jA ;}r
Arthur O. Pfi~!r- 1..-
~~K 1-1. /k1:e::.
Eli eth H. Pfister~
APPROVED AS TO FORM:
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Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
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ADDENDA
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#347219 07/30/92 12:20 Rec $,OQ BK 664 P6 8S4
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TRENOl; S
1lUNCll: g
THENCE: S
Xl!E.tl'CE s
THtNCE S
XREllCE S
H;
tHENCE N 89'48'20" W 294.43 FEE1 ALONG SAIn SOUTH LINE: THENCE $ 01'09!00n E
~321.99 l!ZT:
THENCE N 89'44'S8" W ~297.75 ~TJ
THENCE N 02'0~'16" W 1321.33 r~ TO tHE POINT OF ~GINNING, CONTAINING
299.403 ACREs, HORE OR ~&SS:
I .i
EXCEPTING FROb! Tl!E AlIOVE lllilSClUlU:D PARCB:L :rim FOLLOWING DtSCIlIUl) TRACTS,
02'14'04" W 496.46 ~~Tr
41'16'20" II" 310.89 F~Tr
14'00'40" II" 536.21 ~tr
02'16'09" J 422.00 fE!T:
33'01'14" W 281.07 FEZ!;
00'14'Sl" E 201.8i FEET TO A PO~ON THE
,
SOUTHLINt OF SAID S~CTION
, '
I,
A ':!lACT OF l:.AND s:I'!llATl!:l:) IN SECTIONS 10 AND 11 OF SAID TOI>/N'SHIP ;AND
RANGE, aUNG MoRt fW.:r..~ DESCI\IllJ::l) AS rOt.LOlI"SI
I ,
*GtNNING AT A POINT ON Tilt IlEST LINE OJ" lIAm S&C'UON :U ifflIDlCE: TIU: m:U
~/4 CORNEll. OF SAID SlI:CUON 11 SiARS $ 00'32'10" E 1672.45 FUTr:
~lUNCZ S B9'S8'lO" II" 6,05 fEZT:
~CE N 27'47'03" E 58,8S FEXT;
~R&>>CE N 47'00'40" 11' 49.01 r2E~;
tBENCZ N 17'53'07" W 81.02 F!!Ti
tatNCE N 44'21'11" X 73.S9 ~f;
tHENCE N 2S'55'54" 11' 12',00 ~:;
irlWNcz N 54'14'02~ W 47.08 n;r;!l'J
~CZ N 33'04'18" W 2.32 PEXT;
THENCE N 46'05'43. E 515.06 ~TJ
~CE S 37'45'00" E 720.28 FE3Tr
TatNCE S 4S'48'00" W 201.18.rEZTl
TH%NCSH4S'S8'OO. 11' 410,63 r&zT;
THENCZS5S'S3'OO" W'7S.00 fZZT;
THtNCE S 26'04'00. W 282.42 FEEf;
THEllCZ S 8S'SB'10" 11' 87.91 F!:l!l:1' TO Tlm POINT OF llEGINNING, CONTAINING
6.196 ACRE8, MOJU: Oll. U:SSr
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2, A :rl\ACT OF IJ\IiD SITtlUXlJ IN SECUON 11 DE' SAID TOlINSll:tE' AND RJj.NG!: SEING
liOroil FULLY Dll:$ean&ll ~ rouows: .
.eJ:GINNING lU' A PO~ I'1IlENCE THE NOR:l"lIlmST COlUlER OF SAID SECTiON II
~ N 23'58'27. 11"3064,58 rEET;
THEHCS S 77'27'S5' ~ 180,00 rEt!J
. ,.TllJ:NCS: Ii 12'32'OswrUO.OO ruTr
TH&NCE S 77'27'55" ~ 335,00 fZZ11
~S 25'57'30" E ~S7,83 r.t&TI
T~~ ~!l' ~20.00 FEETJ
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NOR'!'H PARCEL n~llql.n'rION
A 1'1>llCZl. OF I.A.lln U'l'11ATlIll> IN SECnONS 2, 3 Mlll U, '!'Ol'lNSH~I' 10 SOO":\'II,
RANG! 85 WEST OF TIlE 6T1I P.M., !? ITKIN COtlNTY" COLORJ\DO, BEING MORJ!) ;nlI.L"it"
DESClUBED AS FOLLOWS:
BEG~NNING m A POINT ON Tlll!: NORTllUS'!'ERl/t R!GIn:-OF-Wl\.Y L!1lIE O~ COLORADO
~'l'Ar~ H~GHWA"J( NO. 82 ~ENC~ TH~ 1/4 CORNER COMMON TO SAlD SEC'l'IONS:Z AND
3 BEARS N 59'19'12" E 777.77 F~T;
THll:NC!: GENE!1ALLY ALONG FENCE LINES SOUTH OR" STAGE R01>D, '!'1Ili: !'OLLON~liG
COlJRSES AND llIS'!'ANCltS,
S 50'13'00" E ~Q8.40 ~ETI
S 6~'30'OO" E 37,55 FEZ'l';
N ~2'lZ'15"'E'2.57 FEET;
6 5~'30'00" E 328.51 rEET;
S 52'00'00" E 70,17 rEET;
S 58'08'OO~ E 85,9a tEET;
S 55'44'00" E 75.1~ FEE'!';
S 6~'10'OO" E 79.10 FEET;
S 73'03'00" E 50.29 FEET;
S 7S'44'OO" E Z03.35 rEZTI
S 75'47'00" t 94,37 rES'!';
S 69'14'00" t 39.52 FEETJ
S 5S'14'OO" E 131.07 R"~TJ
S 48'35'00" E 15.27 FEITJ
S 10'25'00" E 26.19 ~'!':
g 87'11'08".Z 67.69 rZ~TJ
g 87'48'18"' I: 142.90 rz:tl'1
g 87'38'24" E 105.68 FEET,
S 88'09'OS" I: 109.76 FI:1:1J
N 8S'52'09" z: 189.99 VEtT;
N 87'51'40" t 136.14 fEtT:
N 88'06'39" !: 144,94 ~l':
N 88'18'02" E 156.94 VZ:El':
II 88'09'17" I: 228.21 rE%T,
~THENCE DE~AR1ING S~ FENCELINE S 07'16'OS" W 762.37 FEEl':
THENCE g 3S'Zl'42" E 725.00 ~EETI
T!lZNQ; S 00'58'04" W 967.68 rE!:T TO A POINT ON TIlE NORTIlERLY ItIGlIT,.OF-
WAY LINE: or SAIIl COtOPJlllO STATE HIGH\>lU NO. 82 ANP CON'l'lWING AI,ONG BAlD
RIGHT.Of-WAY THE fOLLOWING COURSES AND DISTANCES:
II GO'48'OO. W 746,61 FEET;
2541. 94 fEE'l' lI.LONG Tl!!: ARC Of A CURVE TO 'l'lilE RIGHT lIAVING A RADIUS OF
5680,00 aU'!',
N 3"09'00" W 124.60 PEtTI
7 S3.1 7 Fi:!:'r ALONG Till: ARC OF A =vr. '!'O 'rilE ItIGHT HAVING A RADIUS or
22,42.00 FtJ::T TO Tllt POlm OF :Elli:GINNING, CONTAINING 83.795 ACUs, MOllE OR
LESS.
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#363258 11/15/93 08:42 Rec 5340.00 SK 730 PG 825
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Thence South 02016'09" East
Thence South 33001'14 West
Thence South 00014'51" East
Thence North 89048'51" West
NW1/4 NW1/4 of said Section
Thence South 01009'00" East
Thence North 89044'56" West
Thence North 02001'16" West
422.00 feet;
281.07 feet;
201.92 feet;
294.43 feet to the Northwesterly Corner of
14;
1321.91 feet;
1297c7S feet;
1321.33 feet to the Point of Beginning;
E~CEPT I NG. ItLi;J3..i;FRQl1_
IR8.U t
A Tract of Land situated in the West One ~alf of Section 11, Township
10, South, Range 85 West of the Sixth Principal Meridian, Pitkin
County, Colorado, said Tract being more particularly described as
follows:
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COMMENCING for reference at the Northwest COrner of said Section 11
from which the southwest Corner of Section 11 bears South 00033'59"
East 5372.81 feet with all bearings contained herein relative thereto,
Thence from said Northwest Corner South 23058'27" East 3064.58 feet
to the true Point'of Beginning, being the most Northwesterly Corner of
the herein described Tract;
Thence along the boundary of the herein described Tract the following
(4) calls:.
South 77027'55" East 250.00 feet;
South 12032'05" West 250.00 feet;
North 77027 "55" West 250.00 feet;
North 12032'05" East 250.00 feet to the True Point of Beginning.
180.<::T -,
A Thirty (30) Foot wide Tract of Land situated in the West One-Half of
Section 11, Township 10 South, Range 85 West of the Sixth Principal
Meridian, Pitkin County, Colorado, and being perpendicular distance of
(15) Feet on either side of the centerline more particularly described
as follows:
COMMENCING for reference at the Nor~hwest Corner of said Section 11 and
considering the West line of said Section 11 to bear South 00033'59"
East with all bearings contained herein relative thereto,
Thence South 50020 '42" East 1622.99 feet to the True Point of. Geginning
of the herein described centerline:
~Thence along said centerline the following (7) calls:
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<IIIIIIII
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Addendum C
',,',,-j,;
002
West Buttermilk Pfister Tracts '", ,
Tracts 1 through 5, inclusive, west Buttermilk Pfisgfi::i~a~"t'-.s
according to the Plat recorded May 31, 1991, in Plat Book 26 at
Page 48 of the records of the Clerk and Recorder of Pitkin
County, Colorado.
Out Parcel
A TRACT OF LAND SITUATED IN SECTION 11 OF SAID TOWNSHIP AND RANGE
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF SAID SECTION
11
BEARS N 23'58'27" W 3064.58 FEET;
THENCE S 77.27'55" E 180.00 FEET;
THENCE N 12.32'05" E 190.00 FEET;
THENCE S 77"27'55" E 335.00 FEET;
THENCE S 25.57'30" E 187.83 FEET;
THENCE EAST 120,00 FEET;
THENCE SOUTH 345.00 FEET;
THENCE WEST 235.00 FEET I
THENCE N 09'59'48" W 220.58 FEET;
THENCE N 77.27'55" W 260.00 FEET;
THENCE S 12.32'05" W 135.00 FEET;
THENCE N 77.27'55" W 250.00 FEET;
THENCE N 12.32'05" E 250.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 5.840 ACRES, MORE OR LESS;
All located in Pitkin County, Colorado.
.tT'6~~ (,.:, ~ (Addendum D page 2
"_'_ ,,,I, _,,)/,,3/91 J.5:26 Rec ,~.oo BI< " ) PG 307
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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Resolution No. 91-JiL
Page 2
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Pi:3 829
the Buttermilk Ski area (Tiehack), more specifically shown on
Exhibit "A", vicinity map attached; and
WHEREAS, the existing zoning and acreages are outlined in
Exhibit "B", attached; and
WHEREAS, the Applicant has submitted the application described
above (the "Application") requesting approval for the following:
1. A residential and golf course development project (the
"Project") .
(a) Additions to the existing Grand Champions Club,
including an 18 hole championship golf' course with
driving range, maintenance facilities, and clubhouse
additions;
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(b) The development of {43"lffree-market S"ingle-f'"aiUnyr
units, including 5 on the south bench, 5 on the north
bench, and one (Lot 16) directly opposite the Tiehack Ski
Lift, and the development of tj1~' free-market t:COWhnomei:f.
The maximum square footage for the 11 homes on the north
and south benches and Lot 16 shall be 10,000 square feet
for each home. The maximum square footage for the homes
on Lots 6-12, 19-31, 40 and 46-48 shall be 6,000 square
feet. The maximum square footage for the homes on the
-remaining lots (Lots 32 through 39) shall be 5,500 square
feet. The townhouse units shall be, at the Applicant's
option, up to 148,000 square feet in total, with no
individual townhouse unit to exceed 4,800 square feet.
(c) Applicant has successfully competed for allocation
under the county Residential Growth Management Quota
System ("GMQS") for the years 19'88, 1989, and 1990 and
has received GMQS allocations for 51 free market units
and as more fully set forth in this Resolution a GMQS
replacement credit for 24 (i.e., Park Meadows) additional
residential units.
.""
*
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(d) Applicant has received a 1988 commercial GMQS
approval for the golf course and 10,900 square feet of
commercial building and 6,000 square feet of GMQS
replacement credit (for the restaurant at Tiehack).
Further, as more fully set forth in this Resolution,the
Applicant has received a GMQS commercial replacement
credit for 9,200 square feet (Aspen Country Inn). A
total of 30,100 square feet of commercial space is to be
added to the existing Club subject only to Applicant
.
H33&,-fa, ,-,9/23/91 15:26 Rec $.00 ELl
Silvia Davis, Pitkin Cnty Clerk, DdL
7 PG 309Addendum D page 4
$.00
~esolution No. 91-lil-
, Page 4
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 831
Silvia Davis, Pitkir1 Cnty Clerk~ Doc $.00
I
2. Rezoning of approximately 60.5 acres owned by the
Applicant from AF-1, AF-2 (PUD) and AF-SKI, to AR-2,R-15 and R-
30. The remaining approximatelY 30B.5 acres of land shall retain
existing zoning, except 10.5 acres to be zoned Tourist, "T", and
5 acres to be zoned permanent Moderate Housing, "PMH" , and of such
remaining lands, approximately 172.5 acres shall be used as a golf
course (see Exhibit "D" PUD Plans, Sheet 1 of 55).
3. Detailed submission and PUD approval for the entire
Project subject only to obtaining a GMQS al10cation for the 5
remaining residential units and 4,000 square feet of commercial
space not previouslY granted GMQS allocation; and
(i) Infrastructure
components of the
Application.
improvements for all of the above
project, as delineated in the
4. Setbacks and lot width variations for multi- and single-
family free market and PMH structures in accordance with the Bulk
and Area Chart dated June 13, 1991 attached hereto as Exhibit "c".
5. Attached hereto as Exhibit "D" and made a part of the
application is the Detailed submission PUD Plan consisting of 55
sheets dated september 27, 1990, revised July 26, 1991, August 30,
1991. '
WHEREAS, the Planning and Zoning commission reviewed the
e)
Application at its regularly scheduled meetings and special
meetings
and recommended denial to the Board
of
county
commissioners.
The Planning and zoning commission did, however,
forward suggested conditions if the Board felt the project
warranted an approval; and
WHEREAS, after review by the planning and Zoning commission,
the Board reviewed this-Application at duly noticed public hearings
on April 8, - May 15, and June 11, 1991, at which times evidence and
testimony were presented with respect to this Application and
having approved at that time procedurally the review of the "Grand
Amendment", General and Detailed submission as part of this review
e)
process; and
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Addendum D page 6
311
,.
-
,Resolution No. 91-JlL
ipage 6
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 833
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
2.2(a) (2) for the lot line adjustment); and General and Detailed
(i.e., subdivision exemption approval pursuant to section 4-
Submission with respect to the "Grand Amendment" portion of the
Application and amendment to the Buttermilk ski Area Master Plan,
together with all variations and other requests for land use
approvals requested for the Application subject to the following
conditions:
I. General conditions of Approval:
1.
GMQS exemptions for replacement credit for the demolition
of the Aspen county Inn, Obermeyer and Aspen Country
single-family unit shall be granted as follows:
e)
the 2 single family homes (Obermeyer and Aspen
country Inn single-family home) may be replaced
on site, each on one of the newly subdivided
lots at their currently existing square
footage;
approximately 9,200 square feet of commercial
space from the Aspen country Inn may be used
as replacement commercial square footage
proposed, by the Applicant. No change in use
of the commercial square footage as proposed
in the application shall be allowed without an
amendment to the PUD;
12 replacement lodge units may be transferred
from the Aspen Country Inn to the Grand
Champions Club. Each. room shall not exceed
580 square feet for a total of 6,960 square
feet.
Any additional development approved as a result of this
review shall be required to receive GMQS allocations
(i.e., the Applicant is required to obtain a GMQS
allocation for 5 of the single family homes and 4,000
square feet of commercial space).
e)
2. Density: The overall residential density shall be 80
free market units (43 single-family, 37 townhomes), and
39 employee PMH rental units plus one single-family pMH
employee sa+e unit.
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Addendum D page 8
,
,
_;ReSolution
'. 'Page 8
No. 91-&
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11/15/93 08:42 Rec $~4n (\fl p~
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intact or disassembled and moved to another location on
or off the Pfister Ranch property.
10. The Applicant shall comply with 404 approval for
wetlands disturbance from the Army Corp of Engineers as
outlined in the Army Corp letter with conditions dated
March 19, 1991 and attached here as Exhibit "E".
11. In connection with the approval, the BOCC agrees and
makes the following findings:
a. The Applicant is leasing or acquiring 19.3 acres of
the adjacent Pfeifer Parcel. The remainder of the
Pfeifer parcel, other than 19.3 acres, is currently
improved with one residential dwelling unit and may
only be further developed upon, compliance with
section 5-510 and all other applicable requirements
of the pitkin county Land Use Code.
b. The Applicant is obtaining 245.4 acres of the 249.8
acre Pfister Parcel. The remaining 4.4 acre parcel
is currently improved with one residential dwelling
unit and may only be further developed upon
compliance with section 5-510 and all other
applicable requirements of the Land Use Code.
However, in accordance with BOCC Resolution 89-61,
the owner of either parcel (the 245.5 or the 4.4
acres) may utilize the square footage of the three
residential dwelling units (a total of 5,015 square
feet) currently located on the,250 acre application
parcel to build not more than three residential
dwelling units totaling 5,015 square feet, if th~
existing units are demolished. Such ~~placemetlt~is
subject to compliance with applicable zoning, 1041
hazard review, and other requirements of the Land
Use Code. The replacement credit of 5,015 square
feet is an addition to any other residential
density described or approved in this resolution.
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c. This approval of the Pfister Ranch/Golf application
shall be vested in the Applicant upon the signing
of this Resolution and shall run with the land.
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12. The club use is approved pursuant to conditions found in
Resolution No's. 79-26 and 83-90, and said use may be
expanded and modified pursuant to this approval.
13. The public dedication of Tiehack Road, the underpass
connector from Tiehack Road to relocated stage Road and
relocated stage Road and the public right to use surface
parking at the base of Tiehack Ski Area shall be shown
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Addendum D page 10
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Page 10
No. 91-JJl
#363258 11/15/93 08:4/ r,ec $340.'00 BK 730 PG 837
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
18.
All new trails along Highway 82 shall take the expansion
of the highway into consideration when developing the
specific trail alignment and design.
19.
All buildings on the property requiring water
service shall be provided with central water
service. No individual or private systems
allowed within the PUD.
and sewer
and sewer
shall be
20. The sprinkler system for the golf course shall be
supplied by a water source provided for in Applicant's
agreement with the city of Aspen dated July 9, J.990.
The domestic water needs of the development shall be
supplied pursuant to an agreement with the city of Aspen
dated July 9, 1990.
21. The Applicant shall not allow the use of poisons for
rodent control except upon approval of'the County via an
amendment to the PUD.
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22. For all buildings within the PUD, building height shall
be measured pursuant to the Land Use Code provisions in
effect at the time of issuance of a building permit with
the exception as noted in Exhibit "C", the Bulk and Area
Chart, Note #2.
23. All representations of the Applicant shall become
conditions of approval.
II. Prior to Final plat Approval by the BOCC the Applicant shall
adequately address the following:
1. The Applicant shall submit an lavit:lat:ion'!,~:ease:rneht
acceptable to the county Attorney. The relocation of
the' KSNO tower is approved by the county subject to
further approval of the Detailed Plans and
specifications by the pitkin county Airport Manager and
FAA.
2. Prior to final plat approval, awater,,\tlual'itYFffionitoring
program' shall be approved by the Enviromnental Health
'Department for the golf course and adjacent areas.
3. The free market townhouses will be owner-occupied and/or
long term rentals ,for a minimum of six months with two
shorter tenancies each year, and a ,~de~d'~restriction,,,,to;'1
this effect shall be provided prior to final plat and
recorded.with final plat. '
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Addendum D page 12
317
~" Resolution
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No. 91-i.LJ
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3. No proliferation of algae in any water course downstream
of the development shall be allowed to occur as a result
of the development.
4. The Applicant shall construct and deliver a public bus
stop shelter along each side of Highway B2 at the time
construction of the stage Road/Tiehack Road underpass is
completed. The Applicant is responsible for 100% of the
cost of construction of the shelters. The Applicant
shall design such shelters based upon recommendations
from the Roaring Fork Transit Agency.
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5. Nordic Trail connections shall be constructed by the
Applicant between the city golf course and the
Government Trail via the existing trail along Maroon
Creek to the extent they are within project boundaries.
Overpasses, underpasses or other on-grade solutions
shall be provided where practical to cross the roads
withi~ the development.
6. If determined necessary by the county and upon the
County's written request therefor, the Applicant shall
grant easements for and construct a trail easement along
the south side of Highway B2, along their property
boundaries.
7. ,When the existing AABC trail is relocated and
constructed by the Applicant, it shall be, upgraded to
accommodate current trail standards, adopted by the
county and in place at the time of development.
B. Commencing after use of the existing Tiehack parking
areas is no longer available, the Applicant (or
Homeowners Association) shall cause to be provided van
service from the base of Tiehack ski area to Rubey Park
on race days and other maximum traffic days. The plan
for this van service shall be submitted annually to the
Planning Office on October 1 for approval.
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9. Until such time as the Highway B2 pedestrian underpass
described in condition #15 below is constructed,
Applicant shall cause an internal van service to be
provided to residents of the employee housing complex.
By "internal van service," the parties mean within the
Project to the Tiehack parking lot and RFTA bus stop on
the south side of state Highway 82, and from residences
to the club. A plan for van service adequate to meet
the needs of the residents of the employee housing
complex shall be submitted annually to the Planning
Office for approval on October 1. When the construction
of the pedestrian underpass is completed, van service to
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Addendum D page 14
~Resolution No. 91-1LL
, i Page 14
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#363258 11/15/93 08:42 Rae $340.00 BK 730 PG 841
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PUD. If construction of the bridge has not commenced
within three (3) years from final approval, the
Applicant shall make a $100,000 donation to the pitkin
County Open Space Board for the purchase of trails
within the County in full satisfaction of its
obligations hereunder.
15. The Applicant shall construct a pedestrian underpass to
accommodate pedestrians in the vicinity' of the employee
housing complex and to serve as a trail link between the
Owl Creek bike path and the AABC bike path. To complete
this link and depending upon the exact location of the
underpass, the County may have to obtain easements from
adj acent property owners. This underpass shall be
constructed at such time as the highway is widened
(which is projected within the next five years). The
Applicant shall be responsible for 100% of the cost of
the underpass. If, in fact, the underpass is built at
the expense of another agency such as the Highway
Department, the Applicant shall transfer the financial
commitment to the cost of the Maroon Creek bridge. This
arrangement and the projected cost of, the underpass
shall be outlined in the SIA.
IV. Covenants:
.
1. ' The Applicant commits to require that all residential
buildings incorporate the following water conservation
devices in their designs: toilets (tank-type flusho-
meter) per flush - 1.5 gallons; urinals per flush - 1.0
gallons; low flow shower heads.
2. An ongoing water quality monitoring program, including
a schedule, shall be submitted by the Applicant and
approved by Environmental Health Department and shall
run with the land via the subdivision covenants.
3. commencing after use of the existing Tiehack parking
areas is no longer available, the Applicant (or
Homeowners Association) shall cause to be provided van
service from the base of Tiehack ski area to Rubey Park
on race days and other maximum traffic days. The plan
for this van service shall be submitted annually to the
Planning Office on October 1 for approval.
4. No dogs shall be allowed in the employee housing
complex, and any dogs on the property shall be leashed
or kenneled.
5. The Plat and/or final PUD will include a note to the
effect that in approved building envelopes, no
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SIlvIa Davis, Pitkin Cnty Clerk, Doc $.00
e.: ~:~~l~~ion No. 91-liL
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 843
Silvia Davis, Pitkin Cnty Clerk, Doc $.Oc)
together with all management and operation costs
associated therewith.
10. The Applicant shall provide, as part of the SIA, a
commitment to a water quality monitoring program, which
will address the chemical treatment as well as
landscaping features of the project. An ongoing
monitoring schedule shall be established and run with
the land via the subdivision covenants, and initial cost
during construction and first 5 years of operation shall
be established as part of the Subdivision Improvement
Agreement.
V. Prior to Issuance of Building Permit:
1. Prior to issuance of a building permit for any
underground parking structure, involving underground
parking or maintenance areas, a register~d ventilation
engineer shall approve the design to insure that harmful
levels of pollutants are not generated inside or vented
outside of the structure.
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2. The Applicant shall submit a fugitive dust plan to be
approved by the Environmental Health Department prior to
issuance of an excavation or building permit for all
portions of the project.
3.
The Applicant shall obtain approval from the
Engineer for a construction/ landscape license
portion of stage Road affected by the proposal.
county
on the
VI. In connection with the approval, the BaCC agrees and makes
the following findings:
1. The following land use approvals, which are inconsistent
with the approvals set forth in this Resolution, shall
be deemed vacated and terminated:
Resolution No. 81-28, Book 408 at Page 685
Resolution No. 81-126, Book 418 at Page 771
Resolution No. 83-72, Book 447 at Page 837
Resolution No. 83-104, Book 453 at Page 36~.
(only with respect to the interest of
Applicant in the zoline Foundation PUD)
Final Plat for Aspen Racquet Club SUbdivision,
Book 11 at Page 55
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2. The following easements or other agreements of record
shall be terminated and the chairman (or in his absence,
vice chairman) of the BOCC is authorized to enter into
such agreements as shall be necessary to terminate and
Addendum D page 18
323
H336728 Gib:/3/91 15:26 Ree $.00 BI( 6:IJL 'G
S.lvla DavIs, PItkin Cnty Clerk, Doc $.00
'~."\ Resolution No. 91-jlL
c" Page 1B
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APPROVED by the Board at its regular meeting on June 11,
1991.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
, ~ ~ r'-<-"'- "----
m True, vice-Chairman
ate $ ,,\:,-\.. \('1) 1(lg,
CONTENT:
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D page 20
EXHIDIT B
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 847
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
A. Existinp.: Underlyinl! Zonine: - Owned Land:
l,QnQ
AF-1
AF-2 PUD
AF-SKI
A.cres.
102.0
153.0
M.1
299.1
B. Existinl! Underlyini;! 1.onini;! - Leased L-Uld:
Zun~
AF-SKI
AF-2PUD
Ams.
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70.1*
*City of Aspen
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1l331\C~9 09/23/91 15:39 Rec $.OU.s,BI( 657 PG 384
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AMENDMENT TO RESOLUTION NO. 91-J1i
OF TIlE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL
OF DETAILED SUBMISSION FOR SUBDIVISION, 1041 ENVIRONMENTAL
HAZARD REVIEW, SCENIC FOREGROUND OVERLAY REVIEW, PLANNED UNIT
DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR
RELOCATION OF THE KSNO RADIO TOWER, LOT LINE ADJUSTMENT
WITH THE AnU PROPERTY, GENERAL AND DETAILED SUBMISSION
TO THE "GRAND AMENDMENT" PORTION OF THE APPLICATION AND
AMENDMENT TO THE BUTTERMILK SKI AREA MASTER PLAN
FOR THE PFISTER RANCH/GOLF APPLICATION
Resolution No. 91-JL)--
WHEREAS, on June 11, 1991, the Board of County Commissioners,
hereinafter "Board", granted approval of Resolution No. 91-J~.
WHEREAS, at a duly noticed public hearing on August 7, 1991,
the Board. did consider and approve certain amendments
to the
..-Jr"
certa~n'
Resolution relative to square footage for structures on
single family lots, phasing of the construction schedule, GMQS
allocations and employee housing.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant approval of the following amendments to Resolution No.
91-/lf :
1. Square Footaqe/Garaqe Space. That portion of Resolution
No. 91-11/ appearing at Page 2, Paragraph (b) relative to square
footage<Jf the approved free-market single family and townhomes is
amended as follows:
A. The square footage of the home on Lot 4 shall
be 6,000 square feet (instead of 10,000 square feet, as
previously approved). The square footage for the home
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D page 24
Resolution No. 91-//2
Page, 3
#363258 11/15/93 08:42 Ree $340.00 Bk" 730 PG 851
Silvia Davis~ Pitkin Cllty Clerk, Doc $.()O
for submission of building plans found in section 5-
510.8(a) of the Pitkin County Land Use Code.
B. Based on the above finding, all GMQS
allocations previously or hereafter received by Applicant
shall be extended to, coincide and run with the approved
phasing/construction schedule for the Pfister Ranch/Golf
development.
4. Employee Housing.
A. The Board hereby confirms its previous finding
that in determining employee generation numbers, a credit
be granted to Applicant for the existing commercial
structures on the project site that are being replaced.
Based on this previous finding, the requirement in the
Resolution that the Applicant provide 40 employee units
(i.e., 39 rental and one sale unit) is unchanged.
5. Amendment to PUD Plan.
A. Attached hereto as Exhibit "A" is a modified
Sheet No. 1 captioned "First Amendment to Pfister Ranch/
Golf PUD", dated September 3, 1991, which evidences the
amendments tbthe Resolution described in paragraphs lA
and 1B above.
APPROVED by the Board at a special meeting on August 7, 1991.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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True, Vice-Chairman
5,,"1'\-.'-'\"0 ~ 19, 1<;91
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APPROVED AS TO CONTENT:
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Exhibit A
A DESCRIPTION OF THE WATER MAINS AND RELATED FACILITIES REQUIRED
FOR THE PROJECT
WATER FACILITIES
Service Area
Maroon Creek Ranch consists of a low pressure water zone and
a high pressure water zone. The low pressure zone is serviced
by the existing Tiehack water storage tank and generally
consists of those portions of the Project which are north of
Highway 82, including the existing Maroon Creek Club (f/k/a
Grand Champions Club) and proposed employee housing and town-
houses. Other properties currently serviced in this lower
pressure zone include the Pomegranate Condominiums and the
Aspen Country Inn.
The upper pressure zone will consist of all of the development
at the base of Tiehack. Other properties which will be served
by this upper pressure zone include Eagle Pines, the ARU
facility and, potentially, the West Buttermilk area in the
future.
Existinq Facilities
The lower pressure zone currently has a large diameter
waterline which runs parallel with Highway 82 and continues
down valley to the Aspen Airport Business Center. This line
is connected to the Tiehack tank by a line which generally
parallels the existing Tiehack Road. There is a water main
which crosses Highway 82 and services the existing Maroon
Creek Club.
The upper pressure zone is currently serviced by a pump
station located just below the Tiehack tank with a water main
which extends across the Buttermilk Ski Area to the Eagle
pines Subdivision. Water infrastructure currently exists
within the Eagle pines Subdivision.
Proposed Facilities
The lower pressure zone will be serviced by a looped line off
the Highway 82 main. This will require an additional crossing
of Highway 82 and a looped system through the employee area
back to the existing Highway 82 crossing.
In the upper zone, water infrastructure will be completed
throughout the housing areas at the base of Tiehack. Addi-
tionally, a waterline will be extended along the West Butter-
milk Road to a new proposed 0.675 MG storage tank.
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Exhibit C
MAROON CREEK CLUB
WATER DISTRIBUTION SYSTEM
DESCRIPTION AND CONSTRUCTION
PHASING SCHEDULE
1993 CONSTRUCTION SCHEDULE
7/19 - 9/1/93
7/26 - 9/15/93
Approximately 460 LF of 24" DIP waterline will
be relocated at the proposed Highway 82 under-
pass, and will tie back into the existing 24"
line East and West of the underpass. Tie in
will include a 24" butterfly valve at both
ends of the relocated section of line.
A new 8" waterline will be installed along the
new Tiehack Road beginning at the pressure
reducing valve vault to be constructed at the
base of the existing Tiehack reservoir, and
running South to the new Tiehack parking lot
No.2. This phase will consist of approxi-
mately 2200 LF of waterline, with the remain-
der to be installed in 1994.
1994 CONSTRUCTION SCHEDULE
5/1 - 6/30/94
6/1 - 6/30/94
5/1 - 9/15/94
Following the opening of the Highway 82 under-
pass construction detour, a road cut will be
made crossing the highway and approximately 80
LF of 12" waterline will be installed at the
new Stage Road/Highway 82 intersection. The
12" waterline at the club area will then be
completed with the installation of approxi-
mately 2600 LF of line. The line will tie
into the 12" section previously installed
across Highway 82, and follow Stage Road North
and West to the employee housing area. It
will then turn South and East to connect to
the existing 8" waterline which currently
serves the Maroon Creek Club.
Installation of the 8" waterline along Tiehack
Road begun in 1993 will be completed with
construction of the remaining 1600 LF from lot
13 to the cuI de sac at the end of the South
bench.
A new underground water storage tank of at
least 675,000 gallons will be constructed at
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Exhibit D
ESTIMATED GROSS WATER REQUIREMENT (GPD) AND
FOR IN-BUILDING USE AT FULL DEVELOPMENT,
WATER IRRIGATION REQUIREMENTS, INCLUDING
INCLUDING THE GOLF COURSE) TO BE IRRIGATED
WATER FLOW REQUIREMENT
AND ESTIMATED POTABLE
NUMBER OF ACRES (NOT
WITH POTABLE WATER
Irriqation Water Demands
Irrigation requirements from the potable water system for approxi-
mately 20 acres of lawns, trees, and shrubs are estimated to be
47.21 acre-feet per year. The average daily demand in July is
estimated to be 130,000 gallons per day (gpd) , and a peak day
demand in July of approximately 260,000 gpd. The potable irriga-
tion requirements are summarized on the attached Table 1. The
irrigated areas are based upon the, landscape drawings in the
Detailed Submission Plan (revised 8/30/91), single-family lot
restriction (4,500 square feet lawn), and manicured area estimates
for Townhouse, Employee, and Maroon Creek Club areas. The
estimated irrigation requirements assume 70% irrigation efficiency.
In-House Water Demands
The in-house water demands for the project are estimated to be
approximately 135 acre-feet per year. The average daily demand. is
estimated to be 120,000 gpd and the peak day demand is approximate-
ly 240,000 gpd.
The development is estimated to require approximately 475 Equiva-
lent Capacity units (ECU).
The Aspen Code does not define water use in terms of ECU. In
addition, the Aspen Water Department does not have a water use per
ECU relationship.
We have estimated the in-house demands from the following assump-
tions. The in-house residential demands are based upon two people
per bedroom and 80 gpd per person. The Clubhouse demand is based
upon 100 gpd per visitor for 300 visitors; the Restaurant at 10 gpd
per customer for 500 customers; and the Ticket Office at 10 gpd per
visitor for 300 visitors.
Gross Water Requirements
The gross water requirement of the Project is estimated to be
approximately 185 acre-feet per year and is summarized on a monthly
basis in Table 2 below:
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Type ArBa MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL
(acres; GPO AF GPD AF GPD AF GPO AF GPD AF GPD AF AF
SlnQI.. Famllv
Lawn 3.75 13007 1.24 22401 2.06 23255 2.21 17737 1.69 13003 1.20 3153 0.30 8.7
Tr,,&. & Shrub. 1.25 4336 0,41 7467 0.69 7752 0.74 5912 0,56 4344 0,40 1051 0.10 2,9
-ownhouaG-$
Lawn 1.5 5203 0.50 8960 0.B3 9302 0.89 7095 0.68 5213 0,48 1261 0.12 3,48
Tr"e. & Shrubs 0.5 1734 0.17 2987 0.28 3101 0.30 2365 0.23 1738 0.16 420 0.04 1.16
Employ"e Unite
Lawn 1.0 3469 0.33 5974 0.55 6201 0.59 4730 0,45 3476 0.32 841 O.OB 2,32
Trees & Shnibs 0.35 1214 0.12 2091 0.19 2170 0.21 1655 0.15 1216 0.11 294 0.03 0.812
Grand Champion. Additions
Lawn 0.75 2601 0.25 4480 0,41 4651 0.44 3547 0.34 2607 0.24 631 0.06 1.74
Tr"e. & Shrubs 0.25 867 O.OB 1493 0.14 1550 0.15 1182 0.11 869 0.08 210 0.02 0.58
Common Opon Space
Native Gras.e. 5,5 19077 1.82 32854 3.00 34107 3.25 26014 2,48 19115 1.76 4825 0,44 12.76
Tr&es & 3hrub. 5.5 19077 1.82 32854 3.03 34107 3.25 26014 2.48 19115 1.76 4625 0.44 12.76
TOTAL 20.36 70584 6.72 121561 11.19 126196 12.01 96251 9.16 70727 6.51 17111 1.63 47.21
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Exhibit E
: page 2
Porpwposes ofd"";gJ'j~g:thewater S1oJ2gellm1; cad:tECUbas been cak:ula.ted to equal
s.ro gpd bal;td on in.house we awl lawn lnigatioll requirements. The fullowtng U1b1o
"nmm~rl..... the n:quIred 8lnragC'- ,
SuhdM~nn
'Avrr ~ Flow
Ac:l:iw St.otap Reqllin,meooJt
C3 x Avera~ n.w F1nw'1
Matoon C<CeJc Club
164,700
494,100
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Fire Flow Stl"ll'llgf!
All the units at MaIoan Creek Club ~ be spri~Itl~. "l11c fire flow is typ1caIly based
on the largf:Sl unit being served, thaI ~ a 10,000 square fOot sIngIc-.fi1mfIy~.
:Based on Table A-m-A-l or the ref"e!enced -"6aId, thefiIc:tJown:qulreme:nt, with Uie
allowable requln:d fire flow mdUctlcill of 50% for sptlnldcred systemS is 1500 gpm for
a 2-hour flow dlU>l1ion ror a !Dial SlDI.'llgC requi=lt of 180,000 IY'llnn.,
:I'9IBl SIo.-.. Req\drcmcnt
&=l on the above dcsi&n pa.amcteli, the ~ requiImnent fur Ute UJ?1let pressure
zone is required: '
Suhd;"';...inn
PIn\ EtPw
~-
Total SIo:m:s&
.Active. 9r~nuM,
u..ooll Cn>cIo: C1Db
494,100
18U,<lOO
tl74.1OO
Based on the above, it is rccolDll1CiJ.dcd. 1fIat a &torll,ge tank of 675,000 pllons be
COIi5IIUCIed fur Maroon Creek Club. .
The lower service zone ~epresenting the balance of~
Project and Project Area not described in this exhibit
shall have its fireflow requirements served by the
existing Tiehack water storage tank.
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TEL NO: ,
11/15/93 08:42 Re~ 540.00 B~(
Davis, Pitkill Cnty ~ler'k, Doc
11377 P03
730 F'G 864
$.00
Exhibit G
page 2
.. Club ~ownhouse - 4 bedrooms, 5~ baths, kitchen, laundry room,
hot tub and landsoape irrigation.
.. Lodge Unit - 1 bedroom, 1 bath and bar sink.
. Employee Housing - 1, 2 and 3 bedrooms, 1 bath, kitchen,
washing machine and landscape irrigation.
. Mathis unit - 4 bedrooms, 2~ baths, kitchen, laundry room and
landscape irrigation.
e Clubhouse - Snack bar, pro shop, halfway house, showers, lock-
ers and sanitary facilities to meet the needs of up to 300
visitors per day.
. Restaurl11lt - 200 seat addition to the existing Grand Champions
Club.
e Satellite RGstrooms - 2-toilet, 2-sink facilities located
throughout the golf course.
. Ticket OfficejRestrooms - Tiehack ski facility with men and
women reetrooms serving up to 300 visitors per day.
Pfister Prqpertv II
The Pfister Property II would require an estimated 49 EeUs summar-
ized in Table II below:
2'4ble II
EBtimate/2 ECUs
Pfister Property II
Number
ECU
Eauivalent
ECUa
TVDB' of Use
5
Up to 15,000 SF Single-Family at
Buttermilk West wI employee units
Up to 15,000 SF Sinqle-Family at
Tie-Hack
14
7
35
2
7
-----
Total
14
49
Assumes house wI 5
irrigation, swimming
one employee unit wI
bedrooms, S; baths, 2 kitchens,
pool, hot tub, oversized whirlpool
3 bedrooms, 2\ baths
4,500 SF
tubs, and
The ~ove RCU computations were baa.d on computation. prepared by Wright Water
ZDg!nee~s, ae set forth in letters dated Hay 19, 1993 (revis.d June 10, 1993 aDd
July 2, 1993), and JUDe 3D, 1993. Thes. cCBputatioDB do Dot include
aODtLngena~.3, or BCUD alla~.~.d ~ ex1.t~Dg .~ructuro. OD .ither ~ho proj.ct
P.....p.rtr or th.. pfister P>:op"rty II.
Ill6eIIcfolwpl......."'8
~-'-""":.,....,'~~
'JUL-07-'93 WED 13:45 !D: TEL NO:
j~~67~~i~ Jl/1c!'/'~r )q-4? Rec $~40.00 E,~K 730 (
T'~~ .~.',,:_,-,~.} .. ,'.," .w. ..- - . -
Silvia Davis, PL_kin Cnty Clerk, Doc $.00
863
Exhibit G
tl377 P02
al-lm',""'M'l~~~~m"""".."",,,=lUI.'Iltl'Qltl_ .~-
BC!U Computations
...- 1(51) i'J f1 ,('" . ... .
-,/11, r,' _0 ~j 1!!5 {( J II, ie !..'
:. -.1.. ....~) ,r'1. ).. Z\
.-.....;,) /l" iJi'
7 J99J
proieot prO~ertv
Tho Detailed Submission plan for the Project requires an' 'estimated
395 ECUs, as summarized in Table 1 below:
Number
32
11
:Z9
a
12
13
13
13
3.
5
'l'ab~e ~
BstiBlllted BCUs
Det;lIi~ed Submission P~an Lor Project:
Type of Use
5,500 to 6,000 SF Single-Family
10,000 SF Sinqle-Family
Tieback Townhouse
Club Townhouse
Lo<lqe unit
1 Bedroom Employee Unit
:z Bedroom Employee unit
3 Bedroom Employee Unit
4 Bedroom Mathis Unit
Clubhouse (300 day visitors)
Restaurant (200 seats)
Satellite Restrooms
Ticket Office/Restrooms
Total
c
1!:Ct1
Eauivalent
3,75
5,5
2.5
2.75
1.0
1.4
1.75
2.0
2,5
0.05/Visitor
o.oa/seat
1.0
2.0
ECUs
120.0
60.5
72.5
22.0
12.0
J.8.2
22.75
26.0
2.5
15.0
16.0
5.0
2.0
e.
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394.45
The estimated ECU equivalent for each type of use is based upon
Section 23, Article III, Water Service, of the Aspen Municipal
Code. section 23-44 of the Aspen Code provides tables for deter-
mininqthe ECU ratinq based on the number of bedrooms, bathrooms,
kitchen, laundry room, outside irrigation, etc.
The estimated ECU equivalent is based on the followinq assumptions:
. 5,500 to 6,000 square feet single-family - 5 bedrooms, 5~
baths, large kitchen, laundry room, hot tub, swimminq pool,
and 5,000 square feet of irrigation.
. 10,000 square Lest single-ramily - 5 bedrooms, 5~ bathe, large
kitchen, laundry room, hot tub, 10,000 qallon swimming pool,
and 5,000 square feet of irrigation. This lot has the right
to apply for an employee housinq unit (2 bedrooms, 2~ baths,
kitchan. washing machine).
. Tiehack Townhouse - 4 bedrooms, 4~ baths, kitchen, laundry
room, hot tub and landscape irriqation.
.'
--
(
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 862
Silvia Dayis~ Pit~:in Cnty Clerk, Doc $.O()
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Exhibit F
ANY OTHER CIRCUMSTANCES AFFECTING THE COST OR TYPE OF CONSTRUCTION
REQUIRED FOR THE WATER MAINS AND ASSOCIATED FACILITIES TO BE
CONSTRUCTED PURSUANT TO THIS AGREEMENT
OTHER CONSIDERATIONS
1. Exhibit B shows the existing and proposed water system for
Maroon Creek Ranch. The water system is based on an agreement
with Mr. Art Pfister for a location of a water storage tank
near the existing maintenance facility at West Buttermilk. It
is assumed that this location will be acceptable to both the
City of Aspen and Pitkin County and that a 1041 approval will
be obtained for construction at this location. An alternate
tank location would affect the cost of water system improve-
ments, but would not affect the sizing of those improvements.
2.
As-built drawings of the Project, including the water system
and all other utilities, shall be provided to City on repro-
duceable sepias with a maximum size of 24" x 36", and on an
"auto cad disk data transfer file" tied into one (1) set of
state plane coordinates.
e
3. without limitation, PEG II and/or Pfister shall provide city
with the following design drawings in sufficient advance time
prior to construction so that City may review and approve
same:
Details of new tank construction,
elevation and location.
size, controls,
Details of the connection pipeline from the new tank to
the existing municipal water system.
Pressure reducing valves pertinent to the new tank and
connecting pipeline.
Pump station modifications, including controls, telemetry
and electronics, resulting from the new tank.
Infrastructure at the base of Tiehack.
4. PEG II I S and/ or Pf ister I s registered professional proj ect
engineer shall inspect and certify the design and installation
of all water system lines and facilities to be constructed
pursuant to the Agreement.
j c77 . 4
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07/05(93
07/08/93
1r(
945 5946
5GIIINC
HAWLEY & UANDERWERF
(
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IiJIOO~
09:00
09:23
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 860
Silvia Davis~ Pitkin Cnty Clerk~ Doc $.1)0
SI~'W;'IIm.~~=~~',,,,,,,,,~I\~~,,...........,,,,,,-~1 -,,,,,,,,,,,,,I~
Exhibit E
FIREFLOW PROVISIONS, lNCUDING LOCATION, SIZE AND DESCRIPTION OF FIFlEFLOW
STORAGE TO SERVE THE PROJECT AND THE PROJI:C"r f'ROf'ERTV.
WATER STORAGET~
nedvn 10eit!
The toIlll storage IllqUired will be '1he sum vf me lI:qUi1ed me flow slmago lIIId the
requixed active SlOIlIge. 1:hc ~ fire 1low.1IIDmgS wl11 be based on the 1991
Ulliform l'll:e Code, Appendlx ill - A- 1:hc BllIi.vcollloIllp will be balled OIl the wafc:r
demand. in me sys=m and wm be cquallO tIuee times IlIc average day demand (~
pfister lWIcbIGoIfOMl' and. Amended Genaml Submission, July 1, 1989, Wright WaIu
F...Ilg:ln"""", IDe. report c1ated June 28, 19~, n""""ed as Apperidb; A-4).
Ac1i:ve Stnnwe
An estlmared .va1ent capaciJy nmt (BCD) for tbc upper SCI:Yiw mill" is as fulJows:
ESTIMATED ECU
UPPER SERVICE ZONE
If at Ie f8lri1 I. = s.n t
10 OOD SF sf le taatl: ...i. " 5.5 ISO.'
~ 1 a.3 n.s
A2U 3 3
ptl..... 01 (e-f'l!II,,.l ,..a'~ wI ~ntta
Pfl9Uf" 01 to-fout L ,...1 7
6...........M.-;..__ 30Il
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Silvia Davis, Pitkin Cnty C:.Le~-'kq DCJC $.00
Exhibit D
page 2
Table 2
Summary of PEG II Project
Potable Water Requirements
(Acre-Feet)
Domestic
Month In-House Irriqation
January 11. 42 ------
February 10.31 ------
March 11. 42 ------
April 11.05 ------
May 11.42 6.72
June 11. 05 11. 19
July 11. 42 12.01
August 11. 42 9.16
September 11.05 6.51
October 11. 42 1. 63
November 11. 05 ------
December 11.42 ------
134.43 47.21
Total
11. 42
10.31
11.42
11.05
18.14
22.24
23.43
20.58
17.56
13 .05
11. 05
11. 42
181. 64
The total average demand is approximately 120,000 gpd during the
winter and 210,000 gpd during the summer. The peak day demand
during the summer is estimated to be approximately 500,000 gpd.
j c77 . 3
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H363258 11/1.~5/c;,;3 08: 4~2 (' ,",
'340.00 BK 730 PG 856
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- '- ":. er'r::~ .Joe ":..;;;.uu
Exhibit C
page 2
MAROON CREEK CLUB
WATER DISTRIBUTION SYSTEM
DESCRIPTION AND CONSTRUCTION
PHASING SCHEDULE
~
.,
1994 CONSTRUCTION SCHEDULE (cont'd)
6/30 - 8/25/94
8/25 - 10/10/94
West Buttermilk with the cost thereof to be
paid by PEG II. The city may elect to in-
crease the size of the same by up to 400,000
addi tional gallons, in which case the City
shall pay all incremental costs attributable
to said increase in size.
This phase involves construction of approxi-
mately 2,000 LF of 12" waterline from the
existing line at Eagle pines subdivision to
the new storage tank at West Buttermilk.
Construction of an 8" waterline beginning
approximately 200 feet South of the intersec-
tion of the new Tiehack Road and Pfister Drive
and including associated cuI de sacs will run
Northwest to the cuI de sac at the end of the
North bench and will complete waterline con-
struction for the project. This last phase
involves installation of approximately 4,500
LF of waterline.
."')
.,,,,/1
The construction schedule is dependent on an assumed start date of
July 19, 1993, and is subject to change depending on when final
approvals are obtained and permits issued.
j c77 . 2
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.......-Y.-r___.r.... EXISTING WATERLINE
I..u:annuu...na-t PROPOSED WATERLINE
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#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 852
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EXHIBITS
-
.'
.
..,
~
'(,r, . . / C ,~" Addendum D page 23
4~336729 'Tl\l~b/91 15:39 Rec <1"..<)<) Bf.. 6~,.;;)) ~ 385
SilviaDavi~, Pitkin Cnty Clerk, Doc ..Ou .
Resolution No. 91-/(Z
Page 2
*[:~5c:)~~25B It;' 1. ~:)j9~5 OB: '~-:~2 F\e~c ~<)40" 00 Bl-. 7~? F'G e.
':,:;:,'1"1'" J")pVi'5 Pitkin Cntv C~leF'k, Doc: $.uu }
'-"' . v. c. . ,::.... .., ,
on Lot 12 shall be 10,000 square feet (instead of 6,000
square feet, as previously approved).
B. The Applicant shall be allowed to utilize
16,000 square feet of the 148,000 square feet approved
for the townhouse structures on single family lots 4, 6-
11, 19-31, 40, 46-48 and 32-39. Accordingly, any home
approved for a maximum of 6,000 square feet may be
increased to a maximum of 6,500 square feet in accordance
with the provisions hereof and any home approved for a
maximum of 5,500 square feet may be increased to a
maximum of 6,000 square feet in accordance with the
provisions hereof.
C. No one single family garage shall utilize more
than 500 square feet of the 16,000 total square feet.
Larger garages may be constructed utilizing any of the
remaining square footage.
D. No detached garages shall be allowed on lots
4,6-11, 19-31, 40, 46-48 and 32-39. These lots shall
contain attached garages.
e
)
E. The Applicant shall propose a method in the
Subdivision Improvements Agreement for tracking the
square footage additions and reductions noted in B.
,above. Tbis tracking method shall be approved by the
Planning Office at Final Plat.
2. Phasinq/Construction Schedule. That portion of, the
Resolution appearing at Page 12 in Paragraph 12 relative to the
phasing and construction schedule is amended as follows:
A. The Board hereby approves the phasing and
construction scheduled dated July 18, 1991 attached
hereto, which reflects a total buildout of the project
no later than 2001.
B. The Board
landscaping plan dated
26, 1991.
hereby approves the interim
September 27, 1990 as revised July
C. Financial assurances shall be provided via the
Subdivision Improvements Agreement for both the interim
and the final landscape plan.
3. GMOS Allocations.
)
A. The Board hereby finds that the approved
phasing/construction schedule for the Pfister Ranch/Golf
development supersedes the two (2) year time period limit
e
,
::'-UgUSI30
",
Notes
'Definition of terms are
1.
2.
3.
4.
5.
6.
r--
,~
rrulti-family units
is
146,000 sf.
Underground garage
Maximum
floor area for
Lots 32-39 is 5,500 sf.
Minimum Usable open Space (1)
Minimum Number of Off-Street Parking Spaces
Per Dwelling Unit or 400 sf. of Non-Residential Space
Minimum Front Yard Setback (ft.)
Minimum Side Yard Setback (ft.)
Minimum Rear Yard Setback (ft)
Minimum Setback from Arterial Road (ft,) - Principal
Minimum Setback from Arterial Road (ft.) - Accessory
Minimum Lot Width (ft.)
'-^aximum Height (ft.) - Pnncipal Use or Bldg. (2)
,..../)ximum Height (11.) - Accessory Use or Bidg. (2)
'-~{dXimum Floor Area Ratio
00
30
30
200
100
400
26
12
2
Land Use Code
30
20
20
200
100
100
26
12
3)
-
2
30
20
20
200
100
30
26
12
(4)
-
2
30
10
10
200
100
100
26
12
0.53 (6)
10
10
10
100
100
30
26
12
0.50
30
10
20
200
100
75
26
12
0.53
-i
"
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~
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,
,
~
imum Lot
-."",-,, ~
<:,.',Imum Lot
BULK AND AREA REQUIREMENTS"
PFISTER RANCH/GOLF
DETAILED SUBMISSION
EXHIBIT C
..
#363_111
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Area
Area per
Dwelling Unit
o ac.
1.5 (5)
IM\~ill'
1 ac,
5,500 sf.
the same as Section 20-1 of the Pitkin County
Open space is inciuded wilhin common open space.
Height of buildings is measured from finished grade as shown on the PUD sife grading plans
Maximum floor area for Lots 1-5, 16, and 41-45 is 10,000 sf.
Maximum floor area for Lots 6-12, 19-31,40 and 46-48 is 6,000 sf.
All parking in AR-2 shall be underground.
The maximum floor area for all free markel
floor area is excluded fonn this maximum.
-
2
3,000 sf.
SFD-3,000 sf.
1-bdrm-1,250 sf.
2-bdnn-2,000 sf.
3-bdrm-3,000 sf.
-
1
15,000 sf.
Lodge 1,750 sf.
Room
'VliCH\HTY
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...........
I"'
Addendu~ D page 19
EXHIBIT A
,r
it
1::~2~
~
500 2000L:=l
nJ 3000.
o 1000 .. \"'\'\ ./\
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1~336728 o4li3/91 15:26 Ree "..00 [11( 65:(();~~e2ndum D page 17
Silvia Davis, pitkin Cnty Clerk, Doe .---
, Resolution No. 91- ill
\
'Page 17
1*~5t:,:j2~:;E~ 11/:1. ~7j /93 08 ~ 11.2 F:E~C ~i;:340 ~ 00 Bt::: 730 P(:i 8.",
Silvia DaviS, Pitkin Cnty Clerk~ Doc $.00 ,
,1
extinguish of
agreements:
record
said
easements
and
other
Book 343 at Page 120
Book. 408 at Page 874
Book 408 at Page 881
Book 408 at Page 885
Book 431 at Page 221
Book 530 at Page 459
Book 531 at Page 213
3. The following is an inventory of the existing land use
approval resolutions for the Grand Champions, which
resolutions shall, except as provided herein, continue
in effect together with all additional square footage
and uses approved in this Resolution.
Resolution No. 79-26, Book. 364 at Page 96
Resolution No. 83-90, Book. 450 at Page 950
)
4. Reference is made to the lands conveyed to the County in
that certain Deed recorded in Book 333 at Page 897 which
is a portion of the current AABC pedestrian trail. The
County shall, by special warranty deed, convey said
lands to MCDC free and clear of any liens or
encumbrances in exchange for a relocated AABC pedestrian
trail which meets County approved trail specifications.
It is the responsibility of the Applicant to relocate
and construct such trail.
e
5. This approval of the Pfister Ranch/Golf application
shall be vested in the Applicant upon the signing of
this Resolution and shall run with the land. No party,
other than Applicant (or any person receiving an
assignment of all or part of Applicant's rights
hereunder) and the county (or the public by and through
the county), shall be a beneficiary of this Resolution.
6. As relates to this specific development proposal, the
Applicant shall receive credit in GMQS competition in
future years for benefits and amenities as scored in the
1988, 1989 and 1990 applications.
7. No excavation, demolition and/or grading permits shall
be allowed until such time there is an adequate legal
and financial agreement with the city of Aspen for a
water supply, as approved by the county attorney.
)
8 .
No issuance of any building
shall be allowed until such
supply is in place.
permits
time an
for the project
adequate water
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lt336728~, .23/91 15: 26 Rec $.00 81( 1('( F'GAg~6ndum D page 15
S11v1a t~V1S, Pit~cin cnty Clerlc, DaE->>.OO
Resolution No. 91-!lL
'Page 15
~~,:~,:l~~:~)~~iB m 11 < 1. ::i/Cj:,3 013: 4.2 RE:C $340.00 BI< 730 F'G 84.,
~l. VIa DaVIS, Pitkin Cntv Clerk~ Doc $.()O ..
,
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development will be allowed on slopes exceeding 30% with
the exception of Lots 12 and 17 through 40 where any 30%
slopes shall be graded out pursuant to the approved
detailed submission grading plan.
6. Grading arid berming along the Highway 82 corridor on the
north side shall screen major views of the clubhouse,
townhomes and e~ployee housing units, yet allow
occasional open v~eWs of the golf course from Highway
82. subject to timely review by the Board so as not to
delay construction by Applicant, ,reasonable
modifications to the grading plan may be agreed to by
Applicant and the Board whereupon the grading pIan shall
be modified to accomplish screening and open view
objectives.
)
7. Provided the pomegranate East condominiums, by a writing
sufficient for such purposes, agrees, on or before
recording of final plat, to abandon its existing right
to access Highway 82 as granted in Deed of Easement
recorded in Book 308 at Page 962, Applicant will, at its
expense, at the time of the construction of the new
Tiehack Road, pave any unpaved portions of that
Pomegranate easement area, pave any unpaved portions of
the existing parking area and provide an alternative
access to Highway 82 west of the existing access at a
specific location to be approved by the state Highway
Department and County Engineering. When the alternative
access is completed, the existing pomegranate access to
Highway 82 shall be abandoned. Should the pomegranate
East condominiums not timely agree to abandon its right
to the existing Highway 82 access, Applicant shall have
no obligation to perform any of this condition and
existing parking and access to Highway 82 for the
Pomegranate East Condominiums will remain unchanged.
8. If, in the opinion of the State Highway Department or
the county Sheriff's Department, any construction
results in any unsafe'traffic conditions on Highway 82,
or at current stage Road intersection, Applicant will
implement appropriate traffic control measures such as
signs, flagmen, or the like to mitigate such conditions
to the satisfaction of the BOCC.
)
9. As part of the employee housing complex on the north
side of Highway 82 and if an agreement satisfactory to
Applicant and the county can be consummated by November
I, 1991, Applicant will construct up to ten (10)
additional units; provided that the county shall, during
the course of the design and construction, pay all costs
(hard and soft) associated with such additional units
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#33&''i"{",y)9/23/91 15:26 Rec 1i.(l(> prY' J7 F'G 3~~dendum D page 13
Silvi~~Davi5. F'itkin Cnty Clerk, Db~ $.00
Resolution No. 91-lLL
\
, Page 13
*1;:3~:)32~:iE3 11/ 1 ~i/'7'] 08:' 4~2 F:~E;:C <..1:.:~:;l.J.O ~ 00 E:~::: 730 F'b ~."._I~1
Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ~
the employee housing complex shall be discontinued and
van service may be on an "on call" basis for the free-
market units.
10. Prior to final plat approval the Applicant shall submit
a temporary erosion control plan which is acceptable to
the Environmental Health Department and the Engineering
Department. This plan shall specifically deal with
erosion concerns of the construction of the golf course
and major regrading of the Tiehack area. A specific
cost estimate for the erosion control plan shall be
outlined and secured as part of the SIA."
11. The Applicant shall vegetate in accordance with the
approved landscaping plan all areas that are disturbed
by new construction and removal of any existing
residence within one year after a certificate of
occupancy is received for any improvements. This
assurance shal1 be made as part of the SIA.
)
12. The Applicant shall be required to provide a subdivision
Improvement Agreement which includes an acceptable
phasing schedule (including but no,t limited to
landscaping, construction of public infrastructure and
amenities.) The Applicant shall acquire approval from
the BOCC in order to substantially amend the schedule.
This would occur at a public hearing as do all
amendments to a PUD. Staff may approve insubstantial
amendments to the schedule. The financial assurances
for all improvements shall be tied to a specific
schedule.
e
13. The Applicant shall provide all necessary trail
easements through the development in order to make
access to the Government trail viable from the west side
of Maroon Creek. The year-round trail easement along
Maroon creek (ditch trail) and access from the Tiehack
parking lots shall link to the Government trail.
Furthermore, the Applicant shall agree to a final
realignment of the Government trial easement which is
acceptable to the USFS and provides a connection to the
existing trail from Iselin Park. '''".
)
14. The Applicant shall provide 50% (with $300,000 as a cap)
of the cost of construction of a pedestrian bridge
across Maroon Creek. The Applicant shall provide an
easement on their property and the community shall be
responsible for acquiring the easement on the Moore
(east) side of the creek. The total financial
commitment to construction of the bridge shall be in
place within three years of the final approval of the
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H"I"l6-,."SC'( '7/91 1~(f) Addendum D page 11
.~_ .~ '>:,.,,""'_' ....:26 Rec $,00 BK ....'J.. ;'G 316
SIlvIS DavIs, Pit~cin Cnty Clel~lc, Doc $.00
Resolution No. 91-LL[
)page 11
1I,7L'''=R' 11/"j='-'- --. .
".JO~~~_ .~/7~ l18:42 Rec $340~OO BK 730 PG
Silvia Davis, Pitkin Cllty Clerk, Doc._- . -
\,:,. uO
4. Reference is made to the ,lands conveyed to the county in
that certain Deed recorded in Book JJ3 at Page 897 which
is a portion of the current AABC pedestrian trail. The
Countyl shall, PY~;'SIllOiCiar"warrantY'f"cl.eed,1r convey Ifsaid
,lands"..,to" Applicant'l';free and clear of any liens or
encumbrances in exchange for a,relocated AABC pedestrian
trail which meets county approved trail specifications.
It is the responsibility of the Applicant to relocate
and construct such a trail.
5. A 16t'01Ine:~-aClJustmefiC"foPthE;"",AiconoP1"ReI"a\J:lTiEat:ion
unit facility is approved provided that:
a.
Rehabilitation
reflect the
unit plat
lot line
shall be
adjustment
)
The Alcohol
amended to
approval.
b. The approval of the Pfister Ranch/Golf application,
including the Alcohol Rehabilitation unit lot line
adjustment, will not alter, amend or limit, in any
manner whatsoever, any or all of the uses,
exemptions and terms currently applicable to the
property of Alcohol Rehabilitation unit under
Resolution 83-133 and that such uses, exemptions
and terms shall continue to apply without any
alteration, amendment or limitation whatsoever to
the property of the Alcohol Rehabilitation unit.
6. prior to signature of final plat, the Applicant shall
verify that there is an agreement in place with the
Aspen Consolidated Sanitation District.
III. In the Subdivision Improvement Agreement the APplicant shall
commit to the following;
1.
Prior to Final Plat or excavation permit for the
project, the Applicant shall submit aSIA, including a
cost estimate for infrastructure and public
improvements. At this time, the Applicant shall submit
security acceptable to the County Attorney and BOCC
insuring the construction of the infrastructure and
public improvements, and/or reclamation of the
property. The subdivision Improvements Agreement shall
include a schedule for construction of improvements and
associated bonding requirements.
\
\
)
2. The SIA shall ensure that the all ponds shall be lined
to ensure water retention. The specific techniques used
to ensure water retention, such as rock lined areas and
floatable traps, shall be addressed in the SIA.
838
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S'l' "-.e. 1 ~._,/91 L,,: 26 Rec ~;. 00 81< 6 F'G
1 VIa Davls p'tt. -
1 -1 t~ln Cnty Cler'k, Doc $.00
Addendum D page 9
314
,Resolution No. 91-fll
i .fJ.1---
'Page 9
#363258 11/15/93 08:42 Ree $34(1.00 BK 730
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
)
on the Final Plat. Use of the Tiehack parking lot by
the public shall be on a year-round, daytime basis; The
dedication of Tiehack Road is for the public to access
the Tiehack parking lot to reach public lands and trails
over which the public may have easements. No parking of
vehicles by members of the public shall be permitted on
Tiehack Road. The right of the public to park cars at
the Tiehack base lot shall be limited by the number of
parking spaces available to the public (no less than. 121
spaces shall be available at all times). Rights are
reserved in Applicant to encroach upon, over or under
any dedicated rights-of-way for ski lifts, signage or
information structures, sidewalks, trails, utili ties,
bridges or, tunnels, or for other purposes consistent
with this approval of the project. All signage on
Tiehack Road shall be installed by the Applicant,
including signage by the county. The County does not
accept any maintenance obligation as to Tiehack Road or
the Tiehack base parking area. The County does not have
the right to expand or change .Tiehack Road
specifications without amendment of the PUD approvals.
Maintenance of relocated stage Road (from Highway 82 to
the intersection with existing stage' Road) and the
underpass connector from Tiehack Road to relocated stage
Road shall be performed pursuant to, an agreement between
the Applicant and the County prior' to issuance of
permits to construct the relocated stage,Road.
14. No further subdivision of the PUD shall be allowed
,except in connection with the condominiumization of any
elements of the project subject to obtaining any
required approvals pursuant to the pitkin county Land
Use Code.
15. In the winter, the,aerial'lift;-which may be constructed
at Applicant's choice onJ"Lot" 1.6, shall be available to
the public at no charge, but otherwise subject to safety
and operational rules of any regulatory agency. If a
lift is not constructed, an ~I~ernativ~,~means~of
cros s ing';T i ehack" RCHid C w i lI"l5e"j:rr-bvided ..f or,: nordi c" skiUlg,-, .
and pedestrians. .., J'
16. All utilities shall be placed within driveways and major
roadways unless otherwise specif ied on the utilities
master plan submitted with the detailed submission.
)
17. Portions of the golf course area may be used by the
public at no charge in the winter as part of the nordic
trail system. specific trail locations shall be
approved annually by the Applicant. Trails will avoid
greens, tees and other man made features or obstacles.
F'13
836
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11:'\:'\6, ,,8 \.' '~/91 1~ ~6~' ,,- - [ , (
_ _ "- ,_> ",-oJ J:"::' nee tp. (.II) .:*. b~: 'G
Silvia Davis, Pitkin Cnty Cler~(, Doc ~.OO
Addendum D page 7
312
Resolution No. 91-~
Page 7
#363258 11/15/93 08:42 Rec $340.00 BK 730 PG 834
c l' l"'! "1" ",. ]);.l"' I';~::: 1='1' j- I,',' ,-' ,",'-t "-, I~ ll.~'-' k "\-)0"- <t.. (in _'
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3. The Tiehack parking area shall have a ~iiilnimunn,1'of~:r:rJ:l
f~pabes and shall be 6pew_to..the~public'-rforTdliy:-time",use
~nly~ Additional modifications to the Buttermilk Master
plan as shown on the detailed submission plat are
approved. No additional revisions to the Buttermilk
Master Plan shall be allowed by the county without
adequate review of lift capacity and the transit and
parking needs of Buttermilk Mountain as a whole.
4. The single-family home locations shall be rezoned to R-
15 and R-30 allowing review and approval of employee
caretaker units on an individual basis pursuant to
Section 3-8.13.
5. If asbestos is found in any of the existing buildings
which are to be demolished, the Applicant shall comply
with the Colorado state Emissions standards for
AsbestoS.
)
6. The Applicant shall be limited to two gas log fireplaces
per building as represented in the General Submission.
The Applicant shall be allowed, however, to appeal to
the Clean Air Board in order to provide a plan which
creates less air quality impacts to the area.
7.. The Applicant shall contact the Environmental Health
Department for comment should mineral waste, waste rock
or mine dumps be encountered during the excavation phase
,of the project. Disposal of such materials off-site is
discouraged due to the possibility of excessive heavy
metals being present in the soil. This is particularly
pertinent to fill material on the site which has been
transported from the Little Nell Ski slope.
8. No individual multi-family unit shall exceed 4,800
square feet and the cumulative floor area for all free
market multi-family tmits in the project shall not
exceed 148,000 square feet. Floor area calculations for
1:;~lO:!s~._ll~i ts.,.shall not, include sllJ:>;~};!I;,~,~.C:'i',..,!?,~J:'~ing. 'IAn"
parklng 'for'those'unlts' shall'C:be" underground ;.~ Because
of the exemption of underground parking from floor area
computations,".'the mUlti-family units shall not be
entitled to the 750 square feet exemption for on-grade
parking structures. 'The floor area allowed shall be
calculated by the regUlations in effect at the time of
final plat approval.
)
9. The historic portion of the barn on the south side of
the project shall not be demolished. It may be moved
..,.."...."..
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,{ ,"'" Addendum D page 5'
;lt~36~~Q>09/23/91 15:26 Rec '1'>.00 B:r.J~.J7 F'G 310
Sllvla Davis, Pitkin Cnty Clerk, Doc $.00
)Resolution No. 91-~
'Page 5
#363258 11/15/93 08:42 Ree $340.00 BK 730 PG
Silvia Dayis~ Pitkin Cnty Cler"k, Doc $.00
,
i
83~:;
WHEREAS, the Applicant shall receive the same score in GMQS
competition in future years for benefits and amenities and other
matters as it scored in the 1988, 1989 and 1990 applications; and
WHEREAS, the Applicant has previously received GMQS allotments
as follows:
Residential:
1988 -
1989 -
1989 -
1990 -
24 units
17 units
24 units (Park Meadows Exemption)
10 units
For a total of 75 Total GMQS allocations to date
Commercial:
1990 -
7,500 X yard golf course
2,900 square foot clubhouse and starter area
8,000 square foot maintenance and golf storage area
6,000 square foot commercial restaurant, par,
retail (Romeo's exemption)
9.200 square foot clubhouse expansion (Aspen
Country Inn exemption)
e
1988 -
)
26,100 Total square feet GMQS allocation to date
Lodqe Rooms:
1990 -
12 lodge rooms (Aspen Country Inn exemption) not
to exceed 580 square feet each for a total of
6,960 square feet
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant approval of the Application for Detailed submission
for
Subdivision,
1041 Environmental Hazard Review,
scenic
Foreground overlay Review, Planned unit Development, Rezoninq,
Special Review approval for Relocation of the KSNO Radio Tower, Lot
Line Adjustment with the Alcohol Rehabilitation unit property
e
)
Addendum D page 3
( (f'fl?8 09/2:':,/91 15:26 Rae (f'T:G<'( 657 F'~ 308
Sif'tia Davis, Pitkin Cnty Cler'k-~' Doc $..Ou
Resolution No. 91-JLL
Page 3
::~:~,~;~~nD:~;~'~ :)/;~::t ;:)~,:, 4~~rl:;:~Cc1;=:;-): O~~CJ~'I<'$~;g F'Co .if
~i'~
obtaining a GMQS allotment for 4,000 additional square
feet and to the conditions' of approval outlined below.
Finally, as more fully set forth in this Resolution,
Applicant has received a GMQS replacement credit for 12
(Aspen Country Inn) lodge units.
(e) The permanent commitment of significant lands for
open space (a portion of which is in the form of a golf
course) and for preservation of the scenic foreground as
delineated in the application, in accordance with the
pitkin County state Highway 82 Corridor Master Plan. It
is the commitment of the applicant that the PUD shall
never be further subdivided.
(f) Intersection improvements to Highway 82 and the
relocated stage Road and Tiehack Road to provide safer
automobile circulation in the area. .
)
(g) construction of a total of 40 affordable housing
units including 39 mUlti-family rental ho~sing units and
1 single-family sale unit. The 39 multi-family units
shall be located together in the PMH zoned area on the
north side of Highway 82 as shown on the PUD detailed
submission plat. The proposal includes 13 one (1)
bedroom units, 13 two (2) bedrooms units, and 13 three
(3) bedroom units all located in the northwest corner of
the Project site; and on the south side of Highway 82 one
"for sale" unit of 1,510 square feet, four (4) bedrooms
and 271/2 baths. The lot size shall be a minimum of
.6,000 square feet. The unit shall be sold pursuant to
the Housing Authority guidelines at a Category #1 sales
price based on 1,100 square feet. The "for sale" unit
is to satisfy the Housing Authority requirement to
mitigate the displacement caused by the demolition of the
Mathis unit. The Applicant shall have first choice to
rent any of the housing units to employees associated
with the Project as long as such employees qualify under
the County Housing Authority guidelines. Twelve. (12) of
the two bedroom units within the mUlti-family complex are
to mitigate the'displacement of the employees now living
in the Park Meadows.
)
,.","~.
(h) The Buttermilk Master Plan shall be amend'{;d to allow
modification approved under this resolution including
improvement of ski facilities to include a relocated Ego
Hill lift, relocated parking to include no less than 121
parking spaces and eliminate the restaurant at the base
of Tiehack. No further amendments to the Buttermilk
Master Plan shall be allowed until such time ski lift
capacity is addressed.
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~3,. 3,.Jfl( 2.9/23/91 15~26 Hec '!.'. C"-J ~'I( -7 F'G 306
.......~~OO
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Addendum D
\
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OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL
.
.'
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF DETAILED SUBMISSION FOR SUBDIVISION, 1041 ENVIRONMENTAL
I~ZARD REVIEW, SCENIC FOREGROUND OVERLAY REVIEW, PLANNED UNIT
DEVELOPMENT, REZONING, SPECIAL REVIEW APPROVAL FOR
RELOCATION OF THE KSNO RADIO TOWER, LOT LINE ADJUSTMENT
WITH THE ARU PROPERTY, GENERAL AND DETAILED SUBMISSION
TO THE "GRAND AHENDMENT" PORTION OF THE APPLICATION AND
AMENDHENT TO THE BUTTERMILK SKI AREA MASTER PLAN
FOR THE PFISTER RANCH/GOLF APPLICATION
Reaolution No. 91-i1L
#363258 11/15/93 (l8:42 Rec $340.00 BK 730 PG 828
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
WllEREAS,
Maroon
Creek
Development
Corp. ,
hereinafter
)
"Applicant", has applied to the Board of County Commissioners of
e
Pitkin county, colorado, hereinafter "Board" for approval of
Detailed Submission of 1041 Environmental Hazard Review, scenic
Foreground overlay Review, Subdivision, Planned Unit Development,
Rezoning, Special Review Approval for Relocation of the KSNO Radio
Tower, General and Detailed submission to the "Grand Amendment"
portion of the application and Amendment to the Buttermilk Ski Area
Master Plan pursuant to the appropriate sections of the Land Use
Code; and
WllEREAS,
the total property
(the "Project site")
is
approximately ';J:'j)9"'riicr~s, including approximately 69.0/lffadre!;l'toclJ5e
,availabl""i"\lnderrnlease or easement to the Applicant, zoned AF-l, AF-
2 (PUD) and AF-SKI. The Project site is located north and west of
.
.~')
\
/
Baroon Creek on both sides of Highway 82, and includes portions of
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South 29013'20" East 98.32 feet;
South 07025'15" West 249.84 feet;
South 16001'35" West 21S~76 feet;
South 00012'30" East 674.08 feet;
South 03041'50" West 178.08 feet;
50uth 05036'10" West 311_97 feet; And
South 18039'13" East 174.61 feet to the point of terminus
from which point the said Northwest Corner of Section 1 bears
North 120 32'05" East 106.70 feet ~nd North 23058'27" West 3064.58
feet;
TRAQ.::l_
A parcel of Land in Section 11, Township 10 South, Range 85 West of the
Sixth Principal Meridian, pitkin County, Colorado, being more fully
described as follows:
BEGINNING, at a point whence the West Quarter Corner of said Section 11
bears North 60042'34" West 1661.25 feet;
Thence South 88012'27" East 134.68 feet; _
Thence North 55019'02" East 60.00 feet;
Thence South 88012'27" East 46.20 feet; ,~
Thence South 01000'00" West 96.00 feet;
Thence South 23017'54" East 539.98 feet;
Thence North 90000'00" West 73.83 feet;
Thence North 06000'31" East 500.08 feet;
Thence North 05041'54" East 66.45 feet to the True Point of Beginning.
18.A.c:.T 4
A parcel of Land in the NE1/4 SW1/4 of Section 11, Township 10 South,
Range 85 Wet of the Sixth Principal Meridian, Pitkin County, Colorado,
described as follows:
BEGINNING at the Northwest Corner of the SW1/4 of s~id Section 11 as
shown by Survey recorded May 18, .1951, Ditch Book 2A at Page 146;
Thence East along the North line of said SW1/4 a distance of 314 feet;
Thence on an angle to the right 61023' a distance of 228.2 feet;
Thence on an angle to the right 40055' a distance of 776.6 feet;
Thence On an angle to the left 20054' a distance of 259.25 feet to the
True Point of Beginning;
Thence on an angle to the left with said last described line extending
18015' a distance of 173.9 feet;
Thence on an angle cO the right 88022'
Thence on an angle to the right 88025'
Thence on an angle to the right 90028'
'he True Point of Beginning.
a distance
a distance
a distance
of
of
of
188 feet;
169.5 feet;
197.0 feet to
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COUNTY OF PITKIN,
STATE OF COLORADO
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Addendum B
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PARCEL J 1:
A Parcel of Land situated in the West Half of Section 11 and The
NW1/4 NW1/4 of Section 14, Township 10 South, Range 85 West of the
Sixth Prfncipal Meridian, Pitkin County, Colorado, Being more fully
described as follows:
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BEGINNING at the Southwesterly Corner of said Section 11,
Thence ~Iorth 00033'31" West 2682.78 feet along the Westerly Sectio-n
1 i ne of said Section 11 ;
Thence North 00033'24" West 1671.,28 feet along said Westerly Section
line;
Thence departing said Westerly line East 1072.44 feet;
Thence South 89037'27" East 143.84 feet;
Thence Flol.th 15044'41" East 14.84 feet;
Thence North 00041'18" West 906.56 feet;
Thence South 56029'33" East 72.54 feet;
Thence South 00041'18" East 874.45 feet;
Thence South 15044'41" West 7.02 feet;
Thence South 00041'18" East 80.98 feet;
Thence South 89037'27" East 1030.15 feet;
Thence North 00041'18" West 75.02 feet;
Thence South 89037'27" East 106.21 feet;
Thence South 1403.11 feet;
Thence North 87000'00" East 256.69 feet;
Thence South 00007'55" East 288.61 feet;
T he nee North 89031'44" West 297.34 feet;
Thence South 08017'26" West 380.64 feet;
Thense South 43046'26" West 253.29 feet;
Thence South 02014'04' West 496.46 feet; e
Thence South 41016'20" West 310.89 feet; jf3
Thence South 14000'40" West 536.21 feet;
continued
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Addendum A page 3
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#347'219 07/30/92 12,20 ROle $,00 Bl~ 664 F'13 ass
Silvia Davis, Pitkin Cnty Cle~k, PQC ~,OO
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~363258 11/15/93 08:42 Rec $340.00 BK 730 PG 822
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
,
TatNC~ SOuta 345.00 rasTI
tRZNC~ wtST 235.00 FEZTI
tHENCE N 09'59'48" W 220.58 FEET!
THENCE N 77'27'S5" N 260.00 FEET;
THENCE S 12'32'05' II' 135.00 ?EET;
THENCE N 77'27'55. W 250.00 FEET;
THENCE N 12'~2'05" E 250,00 r%E% TO THe POINT or 8EGINNING, CONTAINING
5.840 ACRES" WOnE OR LESS:
;,
II TllACZ OF LAND 5:r~EIl IN BEcno/.! 11 O!' SAID TOlIlISRU lUm RANGl';, llE.nro;
MOIl% FUtLlC PESC1\:nl!D AS ll'OLLOWS:
:SSGINNING AT A POINT WliJ!:NCE THl!: Wll:ST 1/4 COIlm:R Oil" BAIII $:talON 11 SSJlJU!
N 62'42'34" II' 1781.80 FSE%;
THENCE N 55'19'02" E 27.00 FEET;
THENCE 8,03'13'00. Ii' 282.23 tzET;
THENCE s' 23'17'54" W 318,82 rEET:
;l'IUlNCE m:sT 7. 00 rEET!
THENCE N 03'38'00. Ii' 28.00 Il"!ET,
':l'lltNC!l 96.53 nu ALONG THE Al\C or A CUl\VE '%0 TH!. UF'l' !lAVING 11. RAll:rus '
OF 6S,OO FEE:!', :!'llE CHeRt) OF I'IHICH.IlEAAS N .0'10'31" Ii' 8i,90 nr.T;
TH!:NCE 46, 89 FEE"I ALONG 'l'.llE AP.c OF A NON-'l'ANGXNT CO!'lVE TO TlU: RIGlI'l'
ahVING A RADIUS or 170.00 FEET. ~HE CRORD or WHICH IltARS N 05'50'02" ~.
46.14 nET:
THENCE N 13'(('05" I 44.28 rtt'l'l
Tlll!:NCE 140.30 E'EU 1.LONG Tat ARC 0l1' A ClmV% TO tIlE un !lAVING A RADIoS
or 245.00 rIlE:!', till!! CllO~ 0.8" IIRIelI BURS N 02'(0'13" II 138.39 l!'l!lli:TI
tHENCE N 1~'04'31" II 102,12 r~TJ
TlU:Net 54.33 :r.tl::!' Atom; ':.llE ARC or A CW\VE TO ':llJ: !UGHT MVING A MIlIOS
OF 240.00 ll'EET, TIlE CHOJU) OF WinCH. Il~ N U'35'23" Ii' 54.22 n:E"l'!
"IHENa: N 06'06'14" II 116.31 lEET'
THENCE S 84'41'01. Z 241.71 rE~T TO THE feINT or aEGINNINGI OON~ING
2,197 AC1m$, WOlUl OR LESS,
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Addendum A
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#347219 07/30/92 12,20 R~c $.00 BK 684 PG se~
Silvia Davis, Pitkin Cnty C1Q~k, Dec $.00
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Legal Description
*~363258 11/15/93 08:42 Rec $340.00 BK 730 PG ~~O
Silvia Davis, Pitkin Cnty Clerk~ Doc $.00
SOUTH PhRCEL D!:SCIl.IPTION
,
1\ PlIRCl!:L OF L1lNll SITUATED. IN SECTIONS 2, 10, 11 NiP 11, tOWNSHIP 10 SOlJ"l:ll,
RANGE: as >itst OF nil!: 6TH l? .M., PITKIN COUNn", COX.ON\tlO,
BEING KOItt rtlLLy D!l:SCRlllW 1.6 FOLLOIlS:
lll!:GINNINCl M THE SOlJ"l:lllI!:ST. COllNlllt OF SAID 8ECUON 11;
THENCE N 00'33'02" II 26S3.01 FEET ALONG THe ktST LINE OV Sl\XD SECT10N' 11 '1'0
THE WEST 1/4 CORNER OF SAID SECTION 11;
TRtNCE N 00'32'10. II 1572.45 FEET ALONG TRt WEST X.INE OF SAID SECTION'll:
THtNCE: S 89'58'10" W 6,05 F~T;
TKENC$ N 27'41'03" t 58,89 FEET:
T~CE N 47'00'40" II 49.01 FEET:
TKENCE N 11'S3'07" II 81.02 TXET/
THENCE N 44'12'11" E 73.99 FEET;
THENCE N 29'55"54" II' 124.00 r~Tl
'I'H~E II 54'14'02" II 47.08 FEET;
'EIlENCB N 33'04"19" Ii 2.32 FltZT;
THENCH N 46'OS'43" E 483.91 FEET:
THENCE N 01'37'15" E 661.88 rzET:
THENCE 11 37'02'00" l!: 249.40 FItE'l"'l'O A POIN'l' ON"J:m: SOll'l'llERLY RIGHT-OE-WAY LINE
OF OOLOSWXl S'I'An lllGHWAY NO, 821
'1'lltNCB FOLLOWING SAID RIGHT-OF-WAY LIN:r. 1289.U FEET ALONG TlIE J\ll.C OF A CORVE
TO THE Ii>:n HAVING .\ lW)IUS OF 5130,00 !"!liE'l". 'lHE CHORD OF WllICH CURVE SEARS S.
51'33'17" l!: 1286.51 Fl!:~1
TKSNCE FOLLOWING SAID RIGHT-Or-WAY N 32'04'00" l!: 10.00 FtE'l':
lJ~C1t FOLLOWING SAID R!GHT-OF-IIU 289.19 rilE! ALONG 'l'R! ARC
or A CURVE TO THE LEi"1' HAVING A lIAPIt18 OF 57$0.00 FEE'l", THE
CHORD OF Wll.ICll CURVE lltuS S 59' 22' 00. E 289 ,16 FU'l';
THENCE FOLLCWlNG ShZO RIGHT-OF-WAY S .0'48'00" l!: S82,7.
FU;T:
'l'Hl!:NCE S 18'09'00" II 176.99 FEE'l'1
'l'~C1t N 60'43'00" II 311.07 FItET:
'l'HENC$ S 29'17'00. II 12.2S rltE'l'l
'l'lltNCl!: s 60'43'00" ~ 60.57 tltE'l';
'l'H!NCl!: S 29'17'00. II 86.80 rltE'l:
THENCE s a9'35'OO~ E 304.56 FEET:
'l'll&,llClt SOUTH 1412.20 FEET I
'l'HtNCE N 87'00'00. E 2S6.69.FEE~1
'l'SENGE $ 00'07'55" E 288.61 r2%T/
'l'HENCE N U'n'44" II 297.341'~1
TIlENCES.OS'17'2S" II 380,64 FEn
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Arthur B.
Holland &
FORM:
PG 818
SEP RESIDENCE TRUST
A Colorado Trust
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By:-"
Andrew V. Hecht, Trustee
CDP RESIDENCE TRUST
A Colorado Trust
By:- _
Andrew
_..".,.~
V:-Iiecht, Trustee
ASPEN SKIING COMPANY, a
Colorado general partnership
By: MKDG III/MKDG IV PARTNERSHIP,
a Colorado general
partnership, General Partner
By: MKDG III ASPEN, INC., a
Delaware corporation, General
Partner
By:
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#363258 11/15/93 08~42 Rec $340.ClO BK 730 PG 816
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and any sale of the Project and the Project Property or Pfister
Properties shall be subject to this Agreement as provided herein.
This Agreement (absent the exhibits)' shall be promptly recorded
at PEG II's cost by the city and shall constitute a covenant
running with the Project, the Project Property, and the Pfister
Properties as described in Addenda "A", "B" and "C", respec-
tively, for both the burdens and benefits of each.
43. Applicable Law - Venue - Attornev's Fees. This Agree-
ment and the rights and obligations of the parties hereto shall
be interpreted and construed in accordance with the laws of the
state of Colorado. Venue for all actions arising under the
Agreement shall be in Pitkin County. In the event of litigation,
the court shall award the prevailing party reasonable attorneys'
fees, expert witness fees, and costs incurred by such party in
any action enforcing the terms of this Agreement.
44. Authorized Siqnatures. By signing this Agreement the
parties acknowledge and represent to one another that all proce-
dures necessary to validly contract and execute this Agreement
have been performed and that the persons signing for each party
have been duly authorized to do so.
45. Counterparts. This Agreement may be signed using
counterpart signature pages, with the same force and effect as if
all parties signed on the same signature page.
.
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year above first written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation
By: ~ 7.
Joh S. Bennett, Mayor
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A'rTEST:
'The exhibits to the Agreement being lengthy, illustrative
and technical in nature, the parties agree that they not be
recorded along with the Agreement.
20
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#363258 11/15/93 ()8:42 R~~ $340.00 BK
Silvia Davis, Pitkin Cllty Clerk~ Doc
730 F'G 814
$.00
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__",:fi;nt'
Arthur O. Pfister and Elizabeth H. Pfister
Arthur O. Pfister
P.O. Box EE
Aspen, Colorado 81612
cc: Kirk B. Holleyman, Esq.
730 17th street, suite 730
Denver, Colorado 80202
Andrew V. Hecht, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
SEP Residence Trust
Andrew V. Hecht, Esq., Trustee
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
CDP Residence Trust
Andrew V. Hecht, Esq., Trustee
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
.",';
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The Companv
The Aspen Skiing Company
c/o General Manager
P.O. Box 1248
Aspen, Colorado 81612
cc: Arthur B. Ferguson, Jr., Esq.
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
37. Force Maieure. No party shall be held liable for a
failure to perform hereunder due to wars, strikes, acts of God,
natural disasters, drought or other similar occurrences outside
of the control of the party.
38. Severability. If any provision of this Agreement shall
be or become invalid or unenforceable, the remainder of the
provisions shall not be affected thereby and each and every
provision shall be enforceable to the fullest extent permitted by
law.
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#363258 11/15/93 08~42 Rec $34.0.00 BK 730 PG 812
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mined necessary by the City, and agrees that failure to commence
and complete annexation proceedings as herein required shall
authorize the City to commence and/or complete such annexation on
the Company's behalf, with all costs and fees associated there-
with to be borne by the Company. Such annexation shall not
divest or diminish land use approvals or development rights
awarded by Pitkin County for Lot 49 as legally vested prior to
the annexation of Lot 49 to the City.
k. Paragraphs 31 and 32 of this Agreement shall be
binding upon, and inure to the benefit of, the Company, its
successors and assigns, and may not be amended or assigned with-
out the written consent of the City, which consent shall not be
unreasonably withheld. Notwithstanding the foregoing provision,
the Company may collaterally assign its rights and interest under
this Agreement, in whole but not in part, to any lenders as part
of a secured financing or refinancing by the Company. After
delivery of notice to the City of any such collateral assignment,
such lenders and their assigns shall have a right to written
notice of default and the right, but not the obligation, to have
a reasonable opportunity to cure any default of the Company. If
any such lenders or their assigns shall succeed to the Company's
interests under this Agreement, such lenders or their assigns
shall assume the burdens and obligations of the Company as of the
date such lenders or assigns acquire title to any property
covered under this Agreement.
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GENERAL PROVISIONS
33. Annexation. Upon the request of the City, and at its
sole discretion, PEG II and/or Pfister, or their successors in
interest, shall petition for and/or consent to the annexation of
the Project and Project property and/or the Pfister Properties,
respectively, or those portions thereof as deemed appropriate by
the city, to the city of Aspen at such time(s) as determined
necessary by the city. Such annexation(s) shall not divest or
diminish the land use approvals or development rights awarded by
Pitkin County for the Project or Project Property, or the Pfister
Properties, as legally vested on behalf of PEG II or Pfister, or
their successors, prior to the annexation of the subject property
to the City. Land use approvals or development rights not vested
in accordance to law prior to the annexation shall be subject to
the terms, conditions and regulations of the Aspen Municipal Code
upon annexation. The failure of PEG II or Pfister or their
successors in interest to commence and complete annexation
proceedings for their respective properties as herein required
shall constitute a material breach of this Agreement authorizing
the City to terminate same as it relates to the defaulting party.
Alternatively, a failure of PEG II, Pfister, or their successors
16
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#363258 11/15/93 08~42 Rec $34(I.OC) Bk 730 PG ~i@
Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
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WATER SERVICE TO ASPEN SKIING COMPANY FACILITY
31. Water Service to Restroom Facilitv. The parties ac-
knowledge that the Aspen Skiing Company ("company") wishes to
have potable water service provided to a ticket office/restroom
facility located at the base of the Buttermilk/Tiehack ski area
on Lot 49 of the Project Property and that such service can be
provided through the water transmission and distribution mains to
be constructed pursuant to this Agreement. The City hereby
agrees to provide potable water service under the terms of this
paragraph to serve said ticket office/restroom facility for up to
two (2) ECUs, which ECUs shall not be charged against the ECUs
allocated to PEG II under paragraph 2, or to Pfister under
paragraph 3 of this Agreement. ECUs shall be assigned to the
facility as provided by the Code.2
32. Aqreement bv Aspen Skiinq Company. In consideration of
the water service provided in paragraph 31 above, and by its '
signature on this Agreement, the Company, for itself, its succes-
sors and assigns, agrees as follows:
a. No potable water service shall be provided pursu-
ant to paragraph 31 and this paragraph 32 unless and until the
water service facilities to be constructed by PEG II and/or
Pfister on the Project Property pursuant to this Agreement have
been fully constructed and accepted by the City as provided in
this Agreement;
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will
room
b.
be used
facility
Potable water provided pursuant to paragraph 31
only for indoor purposes at the ticket office/rest~
and for no other purpose;
c. The Company is bound by and shall comply with the
provisions of paragraphs 19-22, 25, 26, 29, 30, 34-38, 41, and
43-45 of this Agreement as fully and completely as if it were
identified along with Pfister and/or PEG II in said paragraphs as
a party bound thereby and subject thereto;
d. The Company is and shall be responsible for the
payment of all tap fees, hookup charges, and water rates for the
delivery of city water to the facility situated on Lot 49;
2This structure shall be considered a "retail" and not a
"commercial recreational" facility under section 23-44(a) of the
Code so long as it remains strictly a ticket office/restroom.
14
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utilization of water conservation devices as set forth in ,the
Code. PEG II and Pfister also agree to prohibit all unnecessary
or unreasonable waste of water on the property served pursuant to
this Agreement and to make reasonable efforts to enforce such
prohibition. The unreasonable or unnecessary waste of water
shall be defined as set forth in the Code.
25. Source of Water Supplv. The parties to this Agreement
recognize that the water supply for the City is dependent upon
sources from which the supply is variable in quantity and/or
quality and beyond the reasonable control of the City. No
liability shall attach to the city hereunder on account of any
failure to accurately anticipate availability of water supply or
because of an actual failure of water supply due to inadequate
run-off, poor quality, or occurrence beyond the reasonable
control of the City.
26. No Guarantv of Water Oualitv. Ouantitv or Pressure.
The City makes no promise or guarantee of pressure, quantity or
quality of water supply for any purpose, including fire suppres-
sion, except as specifically provided herein or as is required by
applicable federal, state and local statutes and regulations.
The City agrees to treat its water to meet all mandatory local,
state, and federal potable water standards and to exercise
reasonable care and foresight in furnishing water hereunder equal
in quality to that water furnished inside the city.
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27. Propertv Riqhts in Water. All water furnished under
this Agreement is on a contractual basis for use on the Project
Property or Pfister's Properties as described herein and all
property rights to the water to be furnished hereunder are
reserved to the city. Such water service does not include any
right to make a succession of uses of such water and upon comple-
tion of the primary use on the Project Property and/or Pfister's
Properties, all dominion over the water so leased reverts com-
pletely to the city. Subject to the prohibition against waste
and any other limitations on water use imposed herein, PEG II and
Pfister have no obligation under this Agreement to create any
particular volume of return flow from the water delivered hereun-
der. PEG II and Pfister agree to cooperate with the city in
measuring and reporting return flows to the extent such measuring
and reporting is required by the Colorado state Engineer or his
agents.
VIOLATIONS
28. Enforcement bv citv. The parties to this Agreement
recognize and agree that the city has the right to enforce its
rules, policies, regulations, ordinances, and the terms of this
12
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C,'lv'l'" 1);::"'1' '-~ F'it.kin Cni:v C:Li.::l'~-'k~ DDe: ~t..OO
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properly irrigate the golf course. Because potable water as
provided for in this paragraph will only be delivered and uti-
lized in extraordinary and infrequent circumstances, PEG II shall
be required to pay only a nominal tap fee (1 ECU) for the tap
connecting the irrigation system to the water system in addition
to all normal hookup charges. Additionally, any water delivered
under this paragraph will not be debited against the ECU or acre
feet maximums set forth in paragraph 2 above.
17. ECU Computation. The parties understand and agree that
the 550 ECUs to be provided to the Project Property and the 57
ECUs to be provided to the Pfister Property II were determined on
the basis of the assumptions contained in Exhibit G attached
hereto and that regardless of any subsequent amendment to the
Code, those assumptions will be applied to determine the ECUs
allocated to a particular structure or use under this Agreement;
provided that in no event shall the Project Property or the
Pfister Property II be entitled to the delivery of more than 185
acre feet or 12 acre feet, respectively, of treated water per
year. It is the intent of the parties hereto that the volume of
water to be delivered to the Project Property and Pfister Proper-
ty II under the terms of this Agreement not be reduced by future
amendments to the Code redefining or recalculating ECUs.
18. Dedication of Water RiGhts - Cash in Lieu. Pursuant to
the City's Water Policies, all extraterritorial extensions of
water service are to be accompanied by a dedication or transfer
of water rights from the water user to the City comparable to the
water services to be delivered. Alternatively, a cash payment in
lieu of the required water right may be accepted by the city in
its discretion. PEG II and/or Pfister own certain water rights
appurtenant to the Project and/or Pfister Properties. The
parties hereto agree that such water rights should be retained by
PEG II and Pfister and utilized for raw water irrigation of the
golf course and other Project areas. Therefore, and in lieu of
the dedication or transfer of said water rights to the City, PEG
II and Pfister shall make a cash payment to the city in the sum
of $27,000, such sum to be paid upon the execution of this
Agreement. The parties agree and acknowledge that said cash
payment is an adequate substitute for the water rights otherwise
required to be transferred to the City for the potable water to
be delivered by the City to the Project, the Company Property,
and Pfister properties under the terms of this Agreement.
19. Tap Fee Computation. All tap fees for potable water
service herein provided shall be assessed utilizing the City's
prevailing applicable tap fee at the time of application for a
building permit for the structure for which service is sought.
No water service shall be provided to any structure absent
10
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#363258 11/15/93 ()8:42 Rec $340.00 B~. 730 PG 804
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Property, the Company Property, or Pfister's Properties, respec-
tively, at their sole expense; provided that the city shall
approve all relocations in advance in writing in order to assure
that the relocated water mains, lines and/or appurtenant facili-
ties will operate properly as part of the City's water system;
and further provided that the design, materials and construction
of such relocated facilities shall be approved by the City prior
to commencement of construction. City shall not unreasonably
withhold said approvals. If any main lines, distribution lines
or appurtenant facilities are relocated, the city will convey
back to Pfister, the Company and/or PEG II the easements granted
pursuant to this Agreement and Pfister and/or PEG II will convey
to the City new non-exclusive as-built easements meeting the
requirements set forth in para,graph 13 below for the relocated
water mains and appurtenant facilities, subject to the same terms
and conditions set forth in that paragraph.
13. Easements. PEG II, the Company and/or Pfister shall
obtain at their own cost and convey in perpetuity to the City as-
built non-exclusive easements for water mains, lines, tanks and
other water facilities situated upon or crossing the Project
Property, the Company Property, or Pfister's Properties, along
with all necessary access easements for maintenance and repair
purposes ("easements"). The water main and water line easements
must be large enough to provide the city with at least 10 feet on
either side of water mains and lines and must specify that (1)
sewer lines must be located at least ten feet from any water main
or line, and (2) other utilities must be located at least five
feet away from any water main or line. Access easements and
easements for tanks and other facilities shall be of a size
determined by the City to be reasonably necessary for the opera-
tion, maintenance, and repair of the tank or other facility to be
located on such easement. Each party shall be solely responsible
for any injuries or damages, including costs and attorney's fees,
to persons or property arising from its own negligent acts or om-
issions occurring on or resulting from its use or occupation of
any easement premises. Nothing contained herein, however, shall
mean or result in any waiver or diminishment of any defense or
limitation available to City under the Colorado Governmental
Immunity Act or other applicable law.
The City shall reconvey to Pfister and/or PEG II all
easements received by the city from Pfister and/or PEG II pursu-
ant to the defunct water service agreement of July 9, 1990, as
are no longer necessary to or utilized in the construction and
installation of the water delivery system as described herein.
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Exhibit D. Estimated gross water requirement (gpd) and
water flow requirement for the Project for in-building
use at full development, and estimated potable water
irrigation requirements, including number of acres (not
including the golf course) to be irrigated with potable
water;
Exhibit E. Fireflow provisions, including location,
size and description of fireflow storage to serve the
Project and the Project Property;
Exhibit F. Any other circumstances affecting the cost
or type of construction required for the water mains
and associated facilities to be constructed pursuant to
this Agreement; and
Exhibit G. ECU computation assumptions.
(These exhibits will not be recorded with the Agreement
due to their length and bulk.)
7. Bond Requirements. Prior to the commencement of
construction, PEG II and/or Pfister shall provide payment and
performance bonds (or other financial assurances acceptable to
the City) to the City in a form approved by the City in the
amount of one hundred percent (100%) of the water service system
construction costs (less those incremental costs for enlarged or
additional facilities to be borne by the City) which bonds shall
insure the completion of the construction and hold the city
harmless for payment to the contractor or any subcontractors,
materialmen, or others involved in the construction of the water
transmission and distribution mains, lines and associated facili-
ties, or for the provision of materials therefor. This require-
ment may be satisfied by naming the city as an additional or co-
insured with Pitkin County on such performance and payment bonds
as furnished by PEG II and or Pfister to Pitkin county as a
condition of approval for the recordation of the final plat for
the Project. PEG II and/or Pfister shall also furnish to the
City, in a form approved by the City, a maintenance bond equal to
100% of the construction costs of the water transmiss'ion and
distribution mains, lines and associated facilities, less those
incremental costs for enlarged or additional facilities to be
borne by the City, ensuring the proper condition and operation of
such facilities for a period of two years from the date of
completion and acceptance of the system by the City.
8. Construction. Upon completion of the prerequisites
described in paragraphs 6 and 7 above, PEG II shall proceed with
due diligence to construct the water transmission and distribu-
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any ECU limitation per unit or use so long as the total of 550
ECUs as specified herein is not exceeded. The parties agree that
of the 550 ECUs herein provided, the Maroon Creek Club (f/k/a the
Grand Champions Club) presently utilizes 15 ECUs. PEG II hereby
waives any tap fee credits that may be available to it under the
Code with respect to existing structures on the Project Property
that are to be demolished.
3. Water Service to Pfister Propertv II. The City hereby
agrees with Pfister to provide potable water service to the
Pfister Property II under the terms of this Agreement to serve up
to a total of five (5) single family homes of up to 15,000 square
feet each and five (5) employee units to be located at the West
Buttermilk site, and two (2) single family homes of up to 15,000
square feet and two (2) employee units to be located at the
Tiehack (also known as the "out parcel") site, with a total ECU
limit of 57; provided, however, that the total volume of treated
water provided to the Pfister Property II shall not exceed 12
acre-feet/year. Pfister may allocate the 57 ECUs among the 14
residential units as described above at his discretion. However,
the parties agree that of said 57 ECUs, 8 are presently allocated
to existing structures on the Tiehack parcel. If such existing
structures are demolished, new structures built on the Tiehack
parcel will be assessed tap fees based on those fees in effect at
the time of construction, less the 1983 tap fee attributable to
the original 8 ECUs. Should the new structures require or
utilize more than 8 ECUs, the ECUs in excess of 8 will be deduct-
ed from the remaining 49 ECUs herein provided to Pfister.
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The provision of water service to the Pfister Property II is
contingent upon Pfister having obtained all land use/development
approvals from pitkin County or such other governmental entity
with jurisdiction over said property.
4. Limitation of Time to Provide Service. The city's
obligations to provide water service to the improvements located
within the Project, the Project Property, the Company Property,
and Pfister's Properties pursuant to the terms of this Agreement
shall terminate if PEG II has not completed construction of the
water transmission and distribution mains, internal distribution
lines, and related facilities to serve the Project by December
31, 1997, unless completion of construction is delayed by force
majeure as defined in paragraph 37 below, in which case the
deadline shall be extended beyond December 31, 1997, by the same
number of days as the force majeure delay that prevented comple-
tion of construction.
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WHEREAS, the Project, the Company Property, and the Pfister
properties I and II ("pfister's Properties") are situated outside
the corporate limits of the City; and
WHEREAS, detailed subdivision approval for the Project
Property development (known as Maroon Creek Ranch, f/k/a Pfister
Ranch/Golf) has been granted, as amended, by the Board of county
Commissioners for Pitkin county, a copy of which is attached and
incorporated herein as Addendum "D" (the "project"); and
WHEREAS, water service for Pfister's Properties, the Company
Property, the Project, and the Project Property will require or
has previously required the installation of certain water mains
and related facilities as otherwise described in the Agreement;
and
WHEREAS, the Municipal Code of the city of Aspen, Colorado
(hereinafter "Code") requires that the extension Qf water service
outside of the boundaries of the City shall be made pursuant to a
written agreement with the City, that the City shall not be
obligated to extend such service and may provide such service
only upon a determination that it is in the best interests of the
City, and that the city may impose such requirements by agreement
as the City determines are necessary to protect the best inter-
ests of the City; and
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WHEREAS, the city has determined that this Agreement and all
covenants herein are necessary to comply with the Code and the
water policies of the City of Aspen and the City is not entering
this Agreement as a public utility nor holding itself out to the
public in general as capable of or intending to provide water
service extraterritorially; and
WHEREAS, the Code provides for the rating of new or expanded
water service based on potential water demand as expressed in
equivalent capacity units (hereafter "ECU"); and
WHEREAS, the City desires to encourage the use'of raw water
supplies for the purpose of lawn and other outside irrigation so
as to reduce the dependence on treated water for this purpose and
to minimize the costs of providing treated water service to the
Project and the Project Property and Pfister's Properties; and
WHEREAS, the city, PEG II and Pfister wish to enter into
this water service agreement which shall supersede the defunct
water service agreements dated July 9, 1990 entered into between
the City, the Maroon Creek Development corporation ("MCDC") and
Pfister, as well as other agreements between and among the
parties as more particularly described in paragraph 1 below; and
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Holme RSuerts & OwenLLC
ATTORNEYS'AT'LAW
January 10, 1994
Hand Delivered
Cynthia F. Covell, Esq.
Alperstein & Covell, P.C.
2000 Colorado state Bank Building
1600 Broadway
Denver, Colorado 80202
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Boulder
Colorado Springs
Denver
Englewood
Salt LakeCily
Londoll
1700 Lincoln
Suite4100
Denver, CO B0203
303 B61-7000
Fax 303 Bbo-OlOO
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Paul V. Timmins
'303866-0601
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J41Y
I 0 1991
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Re: Maroon Creek Limited Liability Company
,Dear Cynthia:
At the request of Andy Hecht's office, I am
enclosing the recorded original of the Water service Agreement
dated July 26, 1993 among the city of Aspen, Pearce Equitie~
Group .II Limited Liability Company, Arthur o. Prlster,
:E:IIzabet1CH-;--pers'~er;t:I'ie'-SEP Residence Trust, the CDP
Residence Trust and the Aspen Skiing Company.
Please call me if I can be of any further
assistance.
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July 21, 1993
Page Two
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The Maroon Creek development will utilize raw water for the golf course irrigation.
Their engineers have estimated that the raw water irrigation use will not exceed the
historical use on the property. On that basis the Maroon Creek water levels should not
be impacted.
How will this proiect help pay for the Water Plant and need for well repair? The Water
Tap Fees collected will be placed into the Water Fund. City staff will make
recommendations to City Council for the utilization of these funds for infrastructure repair,
new service lines or use of these funds. City Council will review these requests and if
justified, will approve the use on a water system priority basis.
We also felt that it was appropriate to discuss the upsizing of the proposed water tank.
SIZING OF STORAGE TANK: The plans and design calculations submitted for the
Maroon Creek Ranch Development Project only requires the construction of a water
storage tank with a total capacity of 650,000 gallons. The sizing of the lank was for
domestic, limited irrigation and fire protection water. The sizing of the tank was approved
by the Fire Marshal's Office and the Public Works Department to meet daily peak
demand and fire flows for the project.
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The City of Aspen designs our water distribution and storage systems to accommodate the
operation and flexibility of a reasonable and practical support network. City staff feels
that the tank should have a minimum one million gallon capacity to accommodate residual
and backup storage capacity. The upsizing of the tank would also allow City staff extra
time to repair a failure or a disruption of service due to a natural disaster.
There are other factors to justify the upsizing of the tank. Water is presently delivered
to the approved Eagle Pines Subdivision by pumping against a dead head. The support
system engineered to serve Eagle Pines assumed theinstallation of a water tank to draw
from. This tank was not installed in 1990 as a site was not secured. The upsizing of the
tank could also serve the Eagle Pines Subdivision without additional infrastructure work.
The existing West Buttermilk Homeowners Association has also approached the City of
Aspen for service. If approved, these existing homes could be served off of the iank. The
new Fifield residences under construction near Eagle Pines has also expressed an interest
in City of Aspen Water Service.
2
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Memorandum to Mayor and City Council
July 20, 1993
Page 2
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REOUESTED ACTION: Adopt on second reading and public hearing
Ordinance No. 40 (Series of 1993) authorizing and approving the
extension of municipal water service to the Maroon Creek Ranch
under the terms and conditions as set forth in the water service
agreement attached to the ordinance.
EMC/mc
Attachments
jc720.1
cc: Public Works Director
Water Superintendent
Andrew V. Hecht, Esq.
Kirk B. Holleyman, Esq.
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