HomeMy WebLinkAboutordinance.council.054-1993
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ORDINANCE NO. 54
(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 BASE OF BUTTERMILK MOUNTAIN 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 services
shall only be approved by city Council by ordinances; and
WHEREAS, Section 23-56(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 the Aspen skiing Company, and Norwest Bank
Des Moines, N.A., Trustee of the Friedl Pfiefer Revocable TrUst
Dated May 20, 1985, to serve that development project and
associated areas situated outside Aspen's municipal boundaries
commonly referred to as the base of Buttermilk Mountain; and
WHEREAS, the Board of County Commissioners for Pitkin County
has granted land use development approvals for the development
project; and
WHEREAS, a water service agreement has been prepared and
proposed specifying the nature and extent of municipal water
services to be provided to the 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
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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
the Aspen skiing Company and Norwest Bank Des Moines, N.A., for the
extraterritorial extension and delivery of municipal water services
to that development and associated areas, 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
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall' be
construed and concluded under such prior ordinances.
Section 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 25th of
October, 1993, in the city Council Chambers, Aspen City Hall,
Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 12th of October 1993.
John
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FINALLY adopted, passed and approved this 8th day of November,
1993.
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John S~ Bennett, Mayor
ATTEST:
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CITY OF ASPEN
WATER SERVICE AGREEMENT
(Existing Development)
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This Water Service Agreement is entered into this "if
day of ~ , 199~, in Aspen, Colorado, between THE
CITY OF ASPEN, a Colorado municipal corporation and home rule city
whose address is 130 South Galena Street, Aspen, Colorado 81611
(hereafter the "City"), and ASPEN SKIING COMPANY, a Colorado
general partnership whose address is Post Office Box 1248, Aspen,
Colorado 81611 (hereafter "Developer"), and NORWEST BANK DES
MOINES, N.A., TRUSTEE OF THE FRIEDL PFIEFER REVOCABLE TRUST DATED
MAY 20, 1985, whose address is
and ASPEN SKIING COMPANY, a Colorado general partnership,
(hereafter collectively referred to as "Owner").
WITNESSETH
WHEREAS, the City owns and operates the City of Aspen water
system in accordance with the laws of the State of Colorado, and in
accordance with the charter, ordinances, rules, regulations, poli-
cies and resolutions of the City of Aspen, and this Agreement is
entered into in conformity with, and subject to, such charter, and
all such ordinances, rules, regulations, policies and resolutions
as they relate to construction, operation and maintenance of water
mains, lines and associated facilities, water service and water
use; and
WHEREAS, Developer is the lessor, and Owner is the owner of
certain real property comprising approximately 35 acres situated in
pitkin County, Colorado, as more particularly described in Addendum
1, and referred to in this Agreement as the "Subject Property"; and
WHEREAS, Developer seeks to construct on the Subject Property
the expansions and improvements to its existing facilities as
described on Addendum 2 hereto (the expansion and improvements
being herein referred to as the "Project"); and
WHEREAS, the existing facilities located on the SUbject
Property presently receive municipal water service from the City,
but no Water Service Agreement has been executed between Developer,
Owner and the City for such service or any extension or expansidn
thereof; and
WHEREAS, Developer
municipal water service
Subject Property; and
and
from
Owner seek to obtain additional
the city for the Project on the
WHEREAS, the Subject Property is located outside the corporate
limits of the City; and
Wafer Service Agreement (existing development) 08/93 FINAL
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WHEREAS, approval for the Project has been granted by the
Board of County Commissioners for Pitkin County, and a copy of said
approval (including all maps, plats, and related documents showing
the type and location of all planned buildings and infrastructure)
is attached as Exhibit A; and
WHEREAS, the additional water service sought for the Project
will require the installation, upgrading or upsizing of certain
water mains, lines and related facilities as described in this
Agreement; and
WHEREAS, the Municipal Code of the City of Aspen, Colorado
(the "Code"), requires that the extension of water service outside
the boundaries of the city shall be made only 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 it deems
necessary to protect its best interestsi and
WHEREAS, the City's Water Service Extension Policy permits
water service extension only upon demonstration that such extension
will meet the policy goals and requirements of Resolution No. 5
(Series of 1993) as amended June 28, 1993, pursuant to Resolution
No. 49 (Series of 1993), as the same may be further amended from
time to timei and
WHEREAS, the city's water Service Extension Policy requires a
loop system or a cross-tie system (at Developer'S expense) such
that when water main extensions are made, such extensions shall be
made in a manner that will allow cross-connection with another City
treated water main to create a looped system;
WHEREAS, the city has determined that this Agreement and all
covenants herein are necessary to comply with .the Code and the
ci ty' s water policies, and the city is not entering into this
Agreement as a pUblic utility nor holding it.self out, to the public
in general as capable of or intending to provide water service
extraterritoriallYi 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")i and
WHEREAS, the city desires to encourage the use of raw water
supplies for the purposes 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
Subject PropertYi and
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WHEREAS, Developer has submitted its Application for Water
Service Extension (the "Application") and has paid all fees
required in connection with the Application. The Application, and
all attachments, addenda and exhibits are incorporated herein by
reference; and
WHEREAS, the City has approved the Application, and is willing
to provide water service to Developer on the terms and conditions
of this Agreement;
THEREFORE, in consideration of the premises, mutual promises
and covenants contained herein, the city and Developer agree as
follows:
PURPOSE OF AGREEMENT
1. Water Service to proiect and Subiect Propertv. The
parties acknowledge that the city presently provides water service
to the Subject property to serve approximately 34- ECUs (the
"existing water service"). The city will provide additional water
to serve the project and the subject property as provided herein.
said additional water service is herein referred to as "expanded
water service". Both the existing water service and the expanded
water service shall be provided under the terms of this Agreement.
Expanded water service shall be provided to the extent set forth in
this Agreement to serve the structures and uses authorized in
Exhibit A as approved by Pitkin county. Pursuant to this
Agreement, the City shall provide treated water service to the
subj ect Property in an amount not to exceed 34- ECUs, provided,
however, that the maximum volume of treated water the City shall be
required to provide to the Subject Property pursuant to this
Agreement shall not exceed ten acre-feet per year. Structures and
uses approved for the Subject Property may be served subject to the
ECU limitations set forth in Exhibit A.
2. Limitation of Time to Provide Expanded Water Service.
The city's obligation to provide the expanded water service
required by the Project shall terminate if Developer has not
completed construction of the additional, upgraded or upsized water
transmission and distribution mains, lines, and related facilities
to serve the Project by June 1, 1995, unless completion of con-
struction is delayed by force majeure as defined in paragraph 29
below, in which case the deadline shall be extended by the same
number of days as the force majeure delay that prevented completion
of construction. If the city's obligation to provide expanded
water service is terminated under this paragraph, the City shall
nevertheless continue to provide the existing water service.
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CONSTRUCTION BY DEVELOPER
3. Mains, Lines and Facilities. Developer will design and
construct the additional, upsized and/or upgraded water
transmission and distribution mains, lines, associated facilities
and internal distribution lines for the project in accordance with
and subj ect to the city's design, materials and construction
specifications and approval, at Developer's own expense; provided,
however, that to the extent the City desires any mains, lines or
facilities with capacities larger than necessary to meet the needs
of the Project, the city will be responsible for the incremental
cost of such enlarged or additional mains or facilities.
"Incremental cost" 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 the total cost of such
facility as enlarged at the city's request.
The city has determined that in connection with construction
of water mains, lines, and facilities by Pearce Equities Group II
Limited Liability company ("PEG II") to service the Maroon Creek
Ranch, f/k/a Pfister Ranch/Golf Project, a loop system of
interconnecting mains shall be constructed from the Maroon Creek
Ranch project's approximate terminus near those certain facilities
known as Powder Panda facilities and the Pfeifer House to Main
Buttermilk to connect to the main that is located along Colorado
Highway 82. At such time as PEG II commences the construction of
the facilities referred to above, Developer agrees that it shall"
at its own expense, participate in the planning and design of that
portion of the loop system that extends from the Powder Panda
facilities and Pfeifer House to Main Buttermilk along the
approximate alignment agreed to by Developer and city as described
in Exhibit G. The portion of the loop system described in the
preceding sentence is referred to as the "Buttermilk Loop
Interconnection Main". Developer further agrees to construct at
its sole expense, the Buttermilk Loop Interconnection Main at such
time and within such reasonable schedule as the city shall
establish in writing. Owner consents to the construction of the
Buttermilk Loop Interconnection Main as described herein.
4. Preconstruct ion Exhibits. The following exhibits
cerning the Project have been prepared by Developer and have
reviewed and relied upon by the city in entering into
Agreement:
con-
been
this
Exhibit B. Final plans for the additional, upsized
and/or upgraded water mains, and lines and facilities to
be constructed pursuant to this Agreement, as approved by
the city.
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Exhibit C. Schedule for completion of the project water
mains, lines and associated facilities to be constructed
pursuant to this Agreement as approved by the city.
Exhibit D. Estimated gross water requirement (gpd) and
water flow requirements for the Project for in-building
use at full development (including water requirement for
any existing uses that will be continued upon completion
of the Project), and estimated treated water irrigation
requirements, including number of acres to be irrigated
with treated water.
Exhibit E. Fireflow provisions, including location, size
and description of fireflow storage to serve the Subject
Property.
Exhibit F. other circumstances, if any, affecting the
cost or type of construction required for the water
mains, lines and associated facilities to be constructed
pursuant to this Agreement.
Exhibit G. Map showing approximate
interconnecting mains (loop system)
Paragraph 3 above.
alignment of
described in
(The parties agree that the Exhibits to this Agreement
[Exhibits A through G] will not be recorded with the Agreement due
to their length and bulk.)
5. Final Plans. The City has approved the final plans and
specifications for the additional, upsized and/or upgraded water
mains, interconnecting mains (loop system), lines and facilities to
serve the Subject Property. No substantial changes shall be made
to the approved final plans and specifications without the City's
prior written approval. Developer's registered professional
project engineer shall inspect and certify the design and
installation of all water system lines and facilities to be
constructed pursuant to this Agreement.
6. Bond Reouirements. upon execution of this Agreement,
Developer shall furnish the City with performance and payment bonds
(in form approved by the city Attorney) 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 ensure 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, interconnecting mains (loop system), lines and
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associated facilities, or for the provision of materials therefor.
Developer shall also furnish to the city (in form approved by the
city Attorney), a maintenance bond equal to 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), ensuring the proper condition and operation of such
water service system for a period of two (2) years from the date of
completion and acceptance of the system by the City. The parties
may, by written agreement in the form of a letter or memorandum
signed by both Developer and the City and approved by the city
Attorney, or by written amendment to this Agreement, agree to a
different method of providing the security that is to be provided
by the bonds pursuant to this paragraph.
7. Cash in Lieu of Water Riqhts. The parties acknowledge
that it is the policy of the city, if water rights are ,not
transferred to it by a party seeking water service, to require
payment of cash in lieu of water rights sufficient in quantity and
quality to provide the water required for the expanded water
service herein requested. In this case, however, the quantity of
water required for the Project is not greater than the quantity
that has been historically provided by the City to Developer, and,
accordingly, no additional cash in lieu of water rights is required
in the unique circumstances of this case. The parties acknowledge
that Owner and/or Developer own several water rights that are
utilized for irrigation and snowmaking purposes on the Subject
property. The City has determined that it is in City's best
interest to permit the Owner and Developer to retain said water
rights, and to continue to use them for irrigation and snowmaking
purposes on the Subject Property.
8. Construction. Upon completion of the prerequisites
described in paragraphs 3 through 6 above, Developer shall proceed
with due diligence to construct the water transmission and distri-
bution mains, lines and associated facilities in accordance with
the plans and specifications and the construction schedule. No
construction shall occur between November 1 and April 1 without
written approval of the City'S Department of Public Works.
9. Fees. Developer shall 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 and
inspection fees. Developer shall also be responsible for timely
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 mains, lines and
associated facilities.
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10. Inspection of construction. construction must be
inspected by the city's engineers or other designated personnel
prior to burial or final installation. Developer 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 twenty-four (24) hours of such notice.
11. Easements. Developer and Owner 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,
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
ten (10) feet on either side of water mains and lines and must
specify that (1) sewer lines must be located at least ten (10) feet
from any water main or line, and (2) other utilities must be
located at least five (5) 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 operation, maintenance and repair of the tank or other facility
to be located on such easement. Each party shall be solely
responsible for any injury or damages, including costs and
attorneys' fees, to persons or property arising from its own
negligent acts or omissions occurring on or resulting from its use
or occupation of any easement premises. Nothing contained herein,
however, shall constitute or result in any waiver or diminishment
of any defense or limitation available to the city under the
Colorado Governmental Immunity Act or other applicaQle law.
To the extent the easements required by this paragraph cannot
be secured from the real property owners, Developer agrees to grant
licenses to the city consistent with whatever rights it may have to
use the real property across which the license is required. Such
licenses shall contain the same provisions required herein for
easements. Furthermore, the parties acknowledge and agree that
Owner does not own and may not have any contractual right to use a
parcel of real property in which is located the existing portion of
the water main running from Colorado Highway 82 to the Project
Property. Developer and Owner agree that if said portion of the
water main must be repaired or replaced, and the owner of the
property on which it is located is unwilling to cooperate in such
repair or replacement, this portion of the water main shall be
relocated, at Developer's sole expense, to property owned by
Developer or Owner, or to other property on which an easement as
described in this paragraph may be obtained.
12. Testinq - Convevance - As-Built Drawinqs. Upon completion
of construction and before any water is delivered pursuant to this
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Water Service Agreement (existing development) 08/93 FINAL
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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, by deed in form acceptable to
the City Atto"rney. Performance and payment bonds provided by
Developer pursuant to paragraph 6 above shall be adjusted to
reflect the final actual construction costs. The maintenance bond
required by paragraph 6 above must be in place and must reflect the
actual construction costs prior to the City's acceptance of any
main, line or facility. As-built drawings of the project,
including the water system and all other utilities, shall be
provided to the city on reproducible 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.
WATER SERVICE
13. Treated Water Service. upon completion of construction
and acceptance of the water distribution and transmission mains,
lines, facilities and easements by the City, the city will provide
the expanded water service to the Subject property, together with
the existing water service, to a maximum of ~ ECUs, provided
that the maximum volume of water the city shall be required to
supply each year shall not exceed the amount (in acre-feet) set
forth in paragraph 1 above. Any change in the treated water
service requirements to the, Subject property will require approval
by the city, and amendment of this Agreement.
The treated water to be delivered by the city pursuant to the
terms of this Agreement may be used for all lawful in-building
municipal purposes, fire protection, and for outdoor irrigation of
not more than 5,000 square feet. Notwithstanding the foregoing,
all water use will be consistent with the city's Water Policy
Resolution (Resolution No.5, as amended, (Series of 1993)), and
water conservation ordinances.
14. Tap Fees - Computation and Pavment: Schedulinq of Taps.
All tap fees for the expanded 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 payment of the appropriate tap fee and any applic-
able hookup charges. Tap fees and hookup charges shall be paid at
the time of building permit issuance. The city Water Department
shall determine scheduling of all physical taps or connections to
the main lines.
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15. Service Line Meters. Each service line shall be metered
in accordance with the Code at the sole expense of Developer.
Developer and Owner acknowledge that service lines presently
existing on the Subject Property may not meet city standards, and
do not have meters, nor cross-connection or backf10w prevention
devices, and that said service lines will be upgraded if necessary
as part of the Project to meet city standards, and meters, cross-
connection and backflow prevention devices will be installed at the
expense of Developer and Owner. During construction of the
Project, the city will inspect the existing service lines and will
determine (1) the extent to which upgrades may be necessary, and
(2) the number of ECUs presently being served by the existing
service lines. No tap fee will be assessed for the upgrading of
any such service line unless the number of ECUs to be served
increases above the number of ECUs presently being served by that
particular service line.
16. Limitations on provision of Water Service. This Agree-
ment is only for the supply of treated water service as herein
described and no expansion of uses, connections, or water service
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 guaranteeing its abil-
ity to provide treated water service to any use or structure except
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.
17. Service subiect to citv Charter. Codes. Rules. Reoula-
tions and Policies. Developer, Owner and their respective
successors in interest 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
(as the same apply to construction, operation and maintenance of
water mains, lines and associated facilities, water service and
water use), as well as all applicable rules, policies or
regulations of the City now in effect or as may be hereafter
adopted, as the same apply to construction, operation and
maintenance of water mains, lines and associated facilities, water
service and water use.
18. Rules Reqardino Water Use. Developer and Owner agree to
adopt all provisions set forth herein as rules and regulations
governlng the use of water on the Subject Property, and agree that
this Agreement and the Addenda hereto shall be recorded as
covenants running with the land and shall be as fully enforceable
on the Subject Property as if the same were situated inside the
city. Developer and Owner agree to assist the city in every manner
reasonably possible to enforce the City's ordinances, rules and
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regulations made to protect purity, safety and supply of the water
delivered pursuant to this Agreement, including curtailment during
times of shortage, elimination of any potential cross-connections,
and the utilization of water conservation devices as set forth in
the Code. Developer and Owner also agree to prohibit all
unnecessary or unreasonable waste of water on the subject property,
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.
19. Source of Water Supplv. The parties to this Agreement
recognize that the city's water supply is dependent upon sources
from which the supply is variable in quantity and quality and
beyond the city's reasonable control; therefore, no liability shall
attach to the city under this Agreement on account of any failure
to accurately anticipate availability of water supply or because of
an actual failure of water supply due to inadequate runoff, poor
quality, failure of infrastructure, or other occurrence beyond the
City's reasonable control.
20. No Guarantee 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 suppression, except
as specifically provided herein or as is required by applicable
federal, state and local laws 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 fore-
sight in furnishing water hereunder equal in quality to that
furnished inside the city.
21. Propertv Riqhts in Water. All water furnished under this
Agreement is provided on a contractual basis for use on the subject
p~operty as described in this Agreement, and all property rights to
the water to be furnished hereunder are reserved to the City.
Water service provided under this Agreement does not include any
right to make a succession of uses of such water, and upon comple-
tion of the primary use of the water on the subject Property, all
dominion over the water provided reverts completely to the city.
subject to the prohibition against waste and any other limitations
on water use imposed in this Agreement, neither Developer nor Owner
shall have an obligation to create any particular volume of return
flow from the water furnished under this Agreement. Developer and
Owner agree to 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.
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VIOLATIONS
22. Enforcement bv Citv. The parties to this Agreement
recognize and agree that the city has the right to enforce its
rules, policies, regulations, and ordinances as the same apply to
construction, operation and maintenance of water mains, lines and
associated facilities, water service and water use, and the terms
of this Agreement by the disconnection of the supply of water
provided hereunder. Additionally, in the event that Developer,
Owner or any user who has purchased or leased a portion of the
Subject Property violates the rules, policies, regulations or
ordinances of the City, the City shall have all remedies available
to it at law or in equity, or as provided in the Code. Without
limiting the foregoing rights and remedies, Developer and Owner
agree that the City may also enforce such rules, policies,
regulations or ordinances by injunction, the parties agreeing that
the damages to the City from such violations are irreparable, and
there is no adequate remedy at law for such violations. The City
shall be free from any liability arising out of the exercise of its
rights under this paragraph.
TERMINATION
23. Termination bv Aqreement. Except as provided to the con-
trary herein, this Agreement shall only be terminated in writing by
mutual agreement and the term of this Agreement shall continue
until such termination.
24. Termination if Illeqal. The parties agree, intend and
understand that the obligations imposed by this Agreement are
conditioned upon being consistent with state and federal laws and
the Code. The parties further agree that if any provision of this
Agreement becomes in its performance inconsistent with the Code or
state or federal laws, or is declared invalid, the parties shall in
good faith negotiate to modify this Agreement so as to make it
consistent with the Code or state or federal laws as appropriate,
and if, after a reasonable amount of time, their negotiations are
unsuccessful, this Agreement shall terminate. The City agrees that
its contractual obligations hereunder will not be impaired by any
amendment to the Code unless such amendment is mandated by state or
Federal law.
GENERAL PROVISIONS
25. Annexation. Upon the written request of the City, at its
sole discretion, Developer, Owner, or their respective successors
in interest, shall petition for and/or consent to the annexation of
the Subject Property, or those portions thereof as deemed appro-
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priate by the City, to the city of Aspen at such time(s) as deter-
mined by the City. Such annexation(s) shall not divest or diminish
any land use approvals or development rights awarded by Pitkin
County for the Project or the Subject Property, to the extent such
approvals and rights are legally vested on behalf of Developer or
Owner prior to annexation to the City. Land use approvals or
development rights not vested in accordance with law prior to the
annexation shall be subject to the terms, conditions, and regula-
tions of the Aspen Municipal Code upon annexation. Failure of
Developer, Owner or their respective successors in interest to
commence and complete annexation proceedings as herein required
shall constitute a material breach of this Agreement authorizing
the City to terminate the same. Alternatively, failure of
Developer, Owner or their respective successors in interest to
commence and complete annexation 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 Developer, Owner,
or their respective successors in interest shall pay, all costs and
fees associated with such annexation.
26. No Public Utilitv Status. The parties agree that by this
Agreement the City does not become a public utility compelled to
serve other parties similarly situated. Developer and Owner agree
that neither they nor their successors in interest shall at any
time petition the Colorado Public Utilities Commission 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 this Agreement, this Agreement shall terminate and be of
no further force or effect.
27. 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.
28. Notices. All notices required to be given shall be
deemed given upon deposit in the United states mail, first class
postage prepaid, properly addressed to the person or entity to whom
directed at his or its address shown herein, or at such other
address as shall be given by notice pursuant to this paragraph.
Copies of such notices shall also be sent in the same manner to the
City Attorney, City of Aspen, 130 South Galena street, Aspen,
Colorado 81611.
29. 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 that party.
- 12 -
Water SeTVice Agreement (e.:dsring developmenT) 08193 FINAL
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30. Severability. If any provision of this Agreement shall
be or become invalid or unenforceable, the remaining provisions
shall not be affected thereby, and each and every provision shall
be enforceable to the fullest extent permitted by law.
31. Amendment: Assiqnment. Neither this Agreement, nor the
obligations of any party hereto, nor the right to receive water
service hereunder, may be amended without the parties' written
agreement, nor may Developer's or Owner's rights or obligations
hereunder be assigned without the City's prior written consent.
32. Entire Aqreement. Except as otherwise provided 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 par-
ties governing the matters provided for herein.
33. 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.
34. Bindinq Aqreement - Recordinq. This Agreement is binding
upon the parties hereto, their succeSsors and assigns, and any sale
of the Project, the Subject Property, or any portion of either
shall be subject to this Agreement as provided herein. This Agree-
ment and the Addenda hereto (but not the EXhibits, which are
lengthy, illustrative and technical in nature) shall be recorded
with the pitkin County Clerk and Recorder, and shall impose cove-
nants running with the land upon all of the Subject Property.
35. Governinq Law: Venue: Attornevs' Fees. This Agreement
and the rights and obligations of the parties hereunder shall be
governed by and construed in accordance with the laws of the State
of Colorado. Venue for all actions arising under this Agreement
shall be pitkin County, Colorado. In the event legal remedies must
be pursued to resolve any dispute or conflict regarding the terms
of this Agreement or the rights and obligations of the parties
hereto, the substantially prevailing party shall be entitled to
recover costs incurred in pursuing such remedies, including expert
witness fees and reasonable attorneys' fees.
36. Authorization of Siqnatures. The parties acknowledge and
represent to each other that all procedures 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.
- 13 -
Wafer Service Agreemenf (existing development) 08/93 FINAL
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37. Counterparts. This Agreement may be signed using coun-
terpart signature pages, with the same force and effect as if all
parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement
the date and year first above written.
ATTEST:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
BYl~f!:~~)/~
APPROVED AS TO FORM:
By {J-L"7, (5~'
Mayo'!:'
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Aspe ,,' it Attorney
ATTEST:
DEVELOPER AND OWNER
Aspen Ski' g Company
By
Title:
OWNER J,n(.JCL,
Norwest Bank DOD Uou".s, N.A., Trustee of the Friedl Pfiefer
Revocable Trust dated May 20, 1985
By
Ti
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- 14 -
Water Service Agreement (e.xisting development) 08/93 FINAL
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ADDENDUM I-I
ASPEN SKIING CO~lPANY PROPERTY
A 7~e<::7 of lend Si7ue7e in L07 14, Sec7ion 3, To"nship 10 Sou7h, Renge 85 \'les7,
67h P. ~., mo, e f u I I Y de s C;' i be des f 0 I I 0,,' s :
Beginni ng cO;- a
Sou7h, Renoe 85
7hence 161010'::
7h ence t~5 80s 0 l~'
th en ce 53 i OJ 0 I W
7hence 5S8OS0 '::
lRACT 2:
poi nt whence "the Southeest corner of Sect j on 3,
h'es7, 6th P./.:., bears S37001':: 428.65 fee7;
208.72 fee7;
208.. 72 feet;
208.72 fee-;-;
208.72 feet to the Poi nt of 6eginni ng.
To,,'nsh i P
i 0
A 7,e<::7 of lend Si7uete in Lot 14, SeC7ion 3, end L07s 1 and 2, Sec7ion 10, ei I
in To,,'nship 10 South, Renge 85 h'est, 6th P.~., being 20 feet on the h'este,ly
si de end 20 feet on 7he ::esterl y sl de, perallel end edj2cen7 to the fOllo"ing
desc~i bed cente~1 ine:
6eginning 2t 2 point in Lot 14, seid Section 3, whence the Sou7hees7 corne~ of
said Section 3 bears S23Dj5t3011E 799.59 feet;
thence S26043'30"1I' th,ough L07 14 seid SeC7ion 3, end Lots
Sec7ion 10, to 7he Sou7h line of Lots 1 end 2, Sec7ion 10, ell
South I Range e., h'est 16th P. ,.t
PACT 3:
1 end 2, Se i c
in To,,'nship 10
p, tre<::7 of lend situete in L07s 4 end 5, Sec7ion 10, To"nship 10 Sou711, Renge
CJ h'est, 6th P.t.~., being 20 feet on the h'eS7erly side end 20 fee7 on 7he
Eeste,ly side, p2reJ lei end edjecent to 7he follo"'lng described cente,1 ine:
Beginning c7 c point
67h ? ~L, whence the
799..59 fee7;
Thence S250~31301lW to the Nor-;-h lot lines of
7~'nshjp 2nd Renoe;
7:-,ence 52601,3130"';'\1' through 521d Lots 4
Sec-;-ion 10, ICh-.'nship 10 South, Renge 85
j n Lot 11"
Southeest
Section 3,
corner of
To"'nsh Jp 10 Sou7h, Range 85 h'es7,
se i d Se<::7i on 3 beers 5230; 5 '30"::
Lots 4
end 5,
Sect ion
j 0,
s2id
end 5 70 the South
h'est, 6th P.~~.
10-;- I j neof Lot ~,
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ADDENDLJM 1-2
NORWEST BANK DESMOINES, N.A., TRUSTEE OF THE
FRIEDL PFIEFER REVOCABLE TRUST, DATED MAY 20, 1985
PROPERTY
.' EACT 1 :
\1., A ,ract of lend situeted in +he S::1/~ of Section 3 end in the N::1/4 of Se(;t on
10 T~'nshiD 10 Sou7h Rcnoe 85 West of the 6th P.t-L, Pitkin CounTY, Colore o.
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'Seid trec, being more fully described es follo_'s:
Beginning e, e poin, .'hence The S:: corner of Section 3, To,,'nsh ip 10 SO~7h,
Renge 85 WesT, beers SOOo151'6'1~ 10~~.54 fest;
thence S47c25'OQ"W ~23.9~ fee-:-j
7hence S~2C34 'Gall:: 47.70 feet;
"Thence 5';7026'00111'1' 71.06 fee7;
"Thence 541 CS9'OOIl~ 389.91 feet;
t~ence SZ6 v31 'OC"h' 396.73 teet;
Toence S19013'00"1I' 1076.~3 fee7;
,hence S19cS2'00":: 36.91 feet more or less to a point on the NOrth I ine of Let
5 scid Section 10;
7hence lI'est 959.96 feet more Or less along the Northerly I ine of said Let 5 and
the SO~7herly I ine of Lot 2, said Section 10 to the SW corner of Scid L07 2;
tnence NOrth 726.99 feet a J ana the Wester I y I I ne of sa i d Lot 2;
thence l\200j8'OQII;: 178.04 fee~;
thence r~4~2'OO"=: 904.53 ree7j
thence N';Oc'37'17":: 1 16.92 feet more or less to e poinT on the Southeesterly
right-of-wey line of the Butte~mllk West Roac;
thence N490.;~,00":: 685.20 feet more Or less along seid righ7-of-,,'av I ine to e
point on the Seu7hwesterly riSht-of-"'ey line ef S7cte r.ifh"'cy /;0, 62';
e'" th;;ncealong scid highwcy right-of-way line 166.53 feet clong the arc of e
\ c~rve ,0 ,he left having a rcdius of 576'::).00 feet the chord of ,,'hich beers
". "'7030"3"- '68 ~2' " 'h P' ~ '_' . .
....-' ...::. I .-' 7867 TO T e DIn. OJ Deglnnlng.
;::X~PT 7hose por710ns of L07 13, Section 3, Township 10 South, Range
the 5th ?1,~., relecsec by BL"ttermilk l~oun7cin Ski Ing Co,poration,
corporation in release recorded December 2, i977 in Book 339 at Pege
85 h'eS7 of
a Color ado
621 J'
EXcePT that p~,tion thereof conveyed by But7ermilk Moun7cin Ski ing Corporation,
e Colorado corpore710n, to Virginia Aspen Corporetion, c ColordGo corpora7ioh,
by Deed recorded ~\cy i3, 1959, in Book 241 at Page 21,
rNO ::X::;;::PT 7hct portion thereof rei eesed by Aspen Ski Ing C=pany, a Colorado
generel pertnersh I p, by Rei ease recorded r,pr I I' 5, 19E5, in So&, ~B4 at Page
205.
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Addendum 2
BUTTERMILK DAY LODGE PROJECT DESCRIPTION
A new two story building approximately 18,000 square feet will
replace two old buildings, which had the same total square
footage the new building will have. The facility will be located
at the base area of Main Buttermilk in Pitkin County.
The new building will have a restaurant on the second floor and
the first floor will contain a ticket sales area, public
restrooms, public lockers, a small retail sales area, a meeting
room, staff locker rooms, four offices, a receiving and trash
dock, and various mechanical rooms.
Two two inch water lines are being replaced with an eight inch
line. A fire hydrant is being replaced and a second fire hydrant
will be installed adjacent to the new building. The new building
will contain a sprinkler system for fire suppression.
;
The new building replaces all the functions which previously were
contained in the two old buildings which have been demolished
pursuant to Pitkin County approval.
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Robert Gish {Z. -. ~\
ASC-Buttermilk Water Service Agreement
To:
From:
Re:
Date:
October 15, 1993
*****************************************************************
Attached is the original agreement ready to be recorded. The blanks
for 34 ECU'S have been filled in per approvals. After the agreement
has been recorded, copies should be distribute as indicated below.
The attachments to the agreement will not be recorded. Copies of
the signed attachments have been distributed as follows;
*City Attorneys Office
*city Clerks Office
*Holland and Hart
Arthur B. Ferguson
*Alperstein& Covell
Cindy Covell
*Water department
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Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL FOR A MINOR AMENDMENT TO
THE BUTTERMILK MASTER PLAN TO ALLOW FOR THE RELOCATION
OF THE EXISTING MAIN BUTTERMILK RESTAURANT
Resolution No. 93-/~
RECITALS
1. The Aspen Skiing Company hereinafter "APPlicant", has
applied to the Board of County Commissioners of Pitkin County,
COlorado, hereinafter "Board", for approval of, a Minor
Amendment to the Buttermilk Master Plan in order to allow the
Main Buttermilk Restaurant to be relocated to a newly
constructed second floor on the Vic Braden bUilding.
2. The proposed relocation of the Main Buttermilk Restaurant
.
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is directly related to the replacement of Lift #1, which has
been approved by the U.S. Forest Service and has been deemed
to be consistent with the existing Buttermilk Master Plan by
the Board of County CommisSioners.
3. The relocation of the Buttermilk Main Restaurant is also
subj ect to the Scenic ForegroUnd Overlay Ordinance. Final
approval of the Scenic Foreground review was granted by the
Planning Commission after review at a pUblic hearing on July
20, 1993 as evidenced by resolution #Pz?JO.
4. The Pitkin County Planning and Zoning Commission reviewed
the Applicants' request for a Minor Amendment to the
Buttermilk Master Plan at a regularly scheduled meeting on
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June 22, 1993 and found it to be generally consistent with the
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Policies and regulations of the
Pitkin County Land Use
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Code
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SIlVIa DavIs, Pitkin Cnty Clerk, Doc $.00
Resolution No. 93-~O
Page 3
Department prior to building permit submission.,
2. The applicant shall comply with all material representations
made in the application and subsequent letters amending the
application and in the public meeting.
APPROVED AND ADOPTED ON THE 27th DAY OF JULY, 1993.
BOARD OF COUNTY COMMISSIONERS
:: p~r~~ COLORAOO
Bill~te, Chairman
Date ?-z...S-9J
i
ATTEST: .../
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Jeanette Jones
Dvuty Clerk a
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Timothy E. Whi
County Atto
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Resolution No. 93_/70
Page 2
and recommended approval of the Master Plan Amendment with
conditions.
5. The Board heard this application at a regularly scheduled
public hearing on July 27, 1993, at which time evidence and
testimony was presented with respect to this application.
6. The Board determined that the requested Master Plan
Amendment is generally consistent with the eXisting Buttermilk
Master Plan and
meets the criteria for review of a master
plan as outlined in Section 3-1.12(c) of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby revise Paragraph 5 on page 20 of the Master Plan as
follows:
Existing restaurants would be allowed t6 modify, renovate, relocate
and generally upgrade their facilities from time to time as long
as no additional seating capacity was the result of such action and
no expansion the existing gross square footage was involved. The
square footage of any existing restaurant, which is demolished.as
part of a project which is contemplated in this Master Plan, can
be allocated to a new facility, provided the new facility does not
result in any increase in seating capacity, or square footage,
above that which is allowed below, and provided that the new
facility is located in the same general area on the property as the
previous facility. In addition, each restaurant facility would be
allowed a one time repair and maintenance expansion, not to result
in any additional seating capacity, of 1,000 square feet or 10% of
the gross square footage of the building (Whichever is less)
without having to amend this Master Plan. Any such expansion,
relocation, renovation or modification may be subject to all the
current bUilding codes of Pitkin County. Copies of such plans and
building department approvals would be forwarded, when appropriate,
to the Forest Service for its approvals and records.
Approval of the above described amendment is subj ect to the
following conditions.
A fugitive dust control plan and air quality report shall be ". )V'<
sUbmi tted for review and approval by the Environmental Heal tt' ,-, \, _ _ "
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Exhibit C
8UTTW11 LK SKI AREA
l\IATER A!'m SANITARY SEl..JER H1PROVEt.1ENTS
E<'.S:E LODGE Ar:EA
SCHEDULE Or I11PRO');:r'lENTS
September 6! 1993 - ffiobil 1:2 equlpement on sjte.
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install B"
bu i J di fig.
bu j 1 di ng~..
ltJa.ter J ine e}~ten:.ic.n at north end elf i1e~'J re~.hur2,nt, ,:;.nd 4" ;:.erl.!ice 1 ine ilito net';
Pr'ep fDr fire hydrant and ins.tall 1)a.ll)E for ~vc.ter =.er~Ji(e 1 ines tD maintenance
5'/1~; - ,'./17
in~,tal] ~.anlta.r/, -;.HJer ~.t north end Df neN building and cDi'Tlplete !:e;"'IH ;:.er...Jice to ma.nhoie 2.t
nDrth~'Jest corner of €>:i:.ting a.dministra.tion building. Coolplete :-fl,l..Ier ,::.ervice 1 ines to
maintenance buildings.
5'/20 - 7'/24
corflplete in:.tallation of 1" copper :.~rvjce 1 ine~. to ma.intenance bUilding:.. Begin fl}dens.ic<n
of 8u water 1 ine at northwest corner of new building.
)'/27 - 10_/1
complete installC'.tion of 8n :::.ervice 1 ine, tying to e:;i::tinQ h/drant at the inn at A::.pE'f;.
Complete installation of electrical conduit from ne~o,I trans.former location d.t 2.dminis.tratiofl
bUlldinQ to new redaur'ant building and begin in:-ta.llatiDn of conduit to ITi.3.intenance
bui ldings.
10/4 - 10/E:
CC~lfpleh ins.ta.lld.tion of conduit for electrical :::-er'vices_.a.nd cc.rnplete ins.t3.11Cl.tion elf ::-tDr-m
drain :.ys.tem to ne~'J dr)'l.'Jell.
COfl::.trudion of the BuHermiH: Day Lodge is- in proQr-es.s-, Scheduled [[oiTlpletiDfI da.te is_ December
10 l 1 ~93.
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Exhibit D
1.
Maximum Daily Usage
Water Usage - Buttermilk Day Lodge
Annual Usage
Area to be irrigated (outside)
Flow
10,000 gal/day
10 acre feet/year
5,000 square feet maximum
25 gal/minute
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Exhibit E
Buttermilk Day Lodge - Fire Protection
The site will have two full hydrants serviced by 8" water lines,
built to specifications provided by the Aspen Fire Protection
District. Hydrants will be located near the southwest corner of
the new building and near the northeast corner of the new
building. The Buttermilk Day Lodge will include a sprinkler
system for fire protection.
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'#359408 07/28/93 15:02 Rec $.(lC) BK 719 PG 508
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
!::cx:ttIBIT Ii
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL FOR A MINOR AMENDMENT TO
THE BUTTERMILK MASTER PLAN TO ALLOW FOR THE RELOCATION
OF THE EXISTING MAIN BUTTERMILK RESTAURANT
Resolution No. 93-/~
RECITALS
1. The Aspen Skiing Company hereinafter "APPlicant", has
applied to the Board of County Commissioners of Pitkin County,
COlorado, hereinafter "Board", for approval of a Minor
Amendment to the Buttermilk Master Plan in order to allow the
Main Buttermilk Restaurant to be relocated to a newly
constructed second floor on the Vic Braden bUilding.
2. The proposed relocation of the Main Buttermilk Restaurant
is dir~ctly related to the replacement of Lift #1, which has
been approved by the U.S. Forest Service and has been deemed
to be consistent with the existing BUttermilk Master Plan by
the Board of County CommisSioners.
3. The relocation of the Buttermilk Main Restaurant is also
subj ect to the Scenic Foreground Overlay Ordinance. Final
approval of the Scenic Foreground review was granted by the
Planning Commission after review at a pUblic hearing on July
20, 1993 as evidenced by resolution #PZ~~.
4. The Pitkin County Planning and Zoning Commission reviewed
the Applicants' request for a Minor Amendment to the
Buttermilk Master Plan at a regularly Scheduled meeting on
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June 22, 1993 and found it to be generally consistent with the
POlicies and regulations of the
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Pitkin County Land Use
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#~59408 07/28/93 15:02 Rec $.00 BK 719 PG
SIlvIa Davis, Pitkin Cnty Clerk, Doc $.00
Resolution No. 93-~O
Page 3
~10
Department prior to building permit submission.
2. The applicant shall comply with all material representations
made in the application and SUbsequent letters amending the
application and in the pUblic meeting.
APPROVED AND ADOPTED ON THE 27th DAY OF JULY, 1993.
ATTEST:
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Jeanette Jones
D1Puty Clerk a
APPROVED AS TO
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Timothy E. Whi
County Atto
felO.Ul~l.1r
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BOARD OF COUNTY COMMISSIONERS
OF PITKI~~ COLORAOO
By #4':
Bill TU1te, Chairman
Date ?-2...S-'1J
APPROVED AS TO CONTENT:
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#359408 07/28/93 15:02 Rec $.00 Bf< 719 PG 509
Silvia Davis, Pitkin Cnty Cle~k, Doc $.00
e
R 1 t N 93-170
eso u ion o.
Page 2
and recommended approval of the Master Plan Amendment with
conditions.
5. The Board heard this application at a regularly scheduled
public hearing on July 27, 1993, at which time evidence and
testimony was presented with respect to this application.
6. The Board determined that the requested Master Plan
Amendment is generally consistent with the existing Buttermilk
Master Plan and meets the criteria for review of a master
plan as outlined in Section 3-1.12(c) of the Pitkin County
Land Use Code.
hereby revise Paragraph 5 on page 20 of the Master Plan as
<It follows:
Existing restaurants would be allowed to modify, renovate, relocate
and generally upgrade their facilities from time to time as long
as no additional seating capacity was the result of such action and
no expansion the existing gross square footage was involved. The
square footage of any existing restaurant, which is demolished as
part of a project Which is contemplated in this Master Plan, can
be allocated to a new faCility, provided the new facility does not
resul t in any increase in seating capacity, or square footage,
above that which is allowed below, and provided that the new
facili ty is located in the same general area on the property as the
previous facility. In addition, each restaurant facility would be
allowed a one time repair and maintenance expansion, not to result
in any additional seating capacity, of 1,000 square feet or 10% of
the gross square footage of the building (whichever is less)
wi thout having to amend this Master Plan. Any such expansion,
relocation, renovation or modification may be subject to all the
current bUilding codes of Pitkin County. Copies of such plans and
building department approvals would be forwarded, when appropriate,
to the Forest Service for its approvals and records.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
Approval of the above described amendment is subject to the
following conditions.
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A fugitive dust control plan and air quality report shall be ,"
.ubmitted fur review and appruval by the ~~v~unmental ,~;alth., "f"
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Exhibit C
8LfTTEF,'r-1I LK SKI AREA
l,JATEF.: ~t.)D E;P:~!TARY SH.!ER H1r'F:DV8-1EtD"S
E:ASE LDDGE AF.:EA
SCHEDULE OF It1PRO',,18'18,'TS
Sept~~~er 6, ]993 - ffiobil ize equipement on slte.
9/6 - ,'/10
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~'.rd€'r ] in€' E'}den~.ion at north end elf il€'~') re-::.taur'uit, E<.nd 411 :.E'r~!ice 1 ine ir,tD nel-'t
Pr'ep for fire hydrant 2nd ins.tall I.!alt..'€ fDr we-ter- E-er~dce 1 ines tel Jiia.inten2.nce
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in:-tall ~.2.njtary :.HJer g.t north end elf neN buildirlg and cOfnplete se:.'-.ler ::.en'ice to ITIt<.nhoie a.~
nC1rthI,lJf:.t corner of ~):i=.ting adrrdni::.tration buildjr:~!. CWlplEte sewer =.ervlce iines. to
mainten~nce buildings.
,./20 - ,'/24
cmlplE'te in::.talJation of 111 copper :.~rvic€" 1 iflE':. to maintenanCE bUildin9=', Segin edefl:.!on
of 8~ witer 1 ine at northwest corner of new building.
,'/27 - 10/1
complete in:.taJl.cr.tiofl of ;::"::.ervice 1 ine, tYing to e:d:.tif\9 h;r'drant at the Inn at A~.~'E'f;,
Complete installation of electrica.l conduit frorn ne~\) trans.former lo:ation c.t admini:.tratiDn
buildirlg tel fiN.,: re:.taur3.nt building and begin in:.ta.1JatiDn of [(Ii:dud to ma.intenB.r;ce
buildings.
10/4 - 10/E:
(:[~Tlpjete ins.h.l1o.tion of conduit tor electrical :.er"vice:. a.nd cci;'ilplete ins.tdJlatiDI"J of :.torm
drain system to new dr~Jel1.
[:c.rI~.tructiCin e,f the Buttermilk Day Lodge is. in progte-:-:.. Scheduled cmlpletiol"l da.te is. DHE'mber
1 a I 197~r.
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Exhibit D
1.
Maximum Daily Usage
Water Usage - Buttermilk Day Lodge
Annual Usage
Area to be irrigated (outside)
Flow
10,000 gal/day
10 acre feet/year
25 gal/minute
5,000 square feet maximum
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Buttermilk Day Lodge - Fire Protection
The site will have two full hydrants serviced by 8" water lines,
built to specifications provided by the Aspen Fire Protection
District. Hydrants will be located near the southwest corner of
the new building and near the northeast corner of the new
building. The Buttermilk Day Lodge will include a sprinkler
system for fire protection.
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